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DIGES7
OF THE
Georgia
FROM ITS -SETTLEMENT AS A BRITISH PROVINCE, IN 1755, TO THE
SESSION OF THE GENERAL ASSEMBLY IN 1800, INCLUSIVE.
Compcejen&ing
All the Laws paiTed within the above periods, and now in force, alphabetically. arranged
under their refpeEUve Titles: Alfo the State Conftitutions of 1777 and 1789, with
the additions and amendments in 1795, and the Conititution of 17 98*
TO WHICH IS ADDED,
AN APPENDIX:
• «
Comprising
• •
Tfec Declaration of American Independence; the Articles of Confederation and perpetual Union ; the Federal
Conititution, with the amendments thereto: all the Treaties between the United States and foreign
Nations; the Treaties between the United States and the different tribes of Indians; and
thofe between the State of Georgia and the Southern and Weftern Indians.
• • • -
WITH * * •
• • • *
A COPIOUS INDEX TO THE WHOLE.
Compiled, arranged and dialed from the original Records, and under the fpecial Authority of the State.
BY HORATIO MARBURY tf WILLIAM H. CRAWFORD, Esqrs.
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^atiannaf): gj^PRarrv of G€OH 3«A
PRINTED BY SEYMOUR, WO OLHOmi^Q-&¥^P>^-I-M^~ ■--=■*
1802
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TO
HIS EXCELLENCY
3fames 3atfc£on,
Governor and Commander in Chief of the Army and Navy
of this State, and of the Militia thereof.
In conformity to an aEl of the General Assembly, passed
at Louisville, on the sixth day of December one thousand se-
ven hundred and ninety-nine, entitled " An aEl to carry into
effett the eighth seElion of the third article of the Constitution,"
we present and report for the examination of your Excellency,
a collection of the laws' of this State, now in force, arranged
agreeably to the order pointed out in the said article.
ville, 2d!
\y l801. J
Louisville, 2d
March,
HOR. MARBURY, "i
WM. H. CRAWFORD,/c~"BCT
>
• ♦ *
*•• •
••V
0 •
ft .
«
r
THE CONSTITUTION
OF THE
^>tat£ of (Beorgia,
WHEREAS the conduct of thelegiflature of Great-Britain, for many years paft,
has been fo oppreffive on the people of America, that of late years they have plainly
declared, and aflerted 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 conduft. be-
ing repugnant to the common rights of mankind, hath obliged the Americans, as free-
men, to oppofe fuch oppreffive 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 ftates of New-Hampfhire, Maffachu-
fetts-Bay, Rhode-Ifland, Connecticut, New-York, New-Jerfey, Pennfylvania, the
counties of New-Caftle, Kent and Suffex on the 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
May laft, to the refpe&ive aflemblies and conventions of the United States, where no
government, fufficient to the energies of their affairs, hath been hitherto eftablifh-
ed, to adopt fuch government, as may, in the opinion of the reprefentatives of the
people, beft conduce to the happinefs and fafety of their conftituents in particular,
and America in general.
And whereas the independence of the United States of America has been alfo de-
clared, on the fourth day of July, one thoufand feven hundred and feventy-fix, by
the faid Honorable Congrefs, and all political connexion between them and the
crown of Great-Britain is in confequence thereof diffolved.
We therefore the reprefentatives of the people, from whom all power originates, 0
and for whofe benefit all government is intended, by virtue of the power delegated
to us, do ordain and declare, and it is hereby ordained and declared} that the follow-
ing rules and regulations be adopted for the future government of the ftate.
6 . CONSTITUTION.
^£™^e . ** ^ie 'cg^at^vcJ executive, and judiciary departments fhall be feparate and dif-
' tincl, fo that neither exercife the powers properly belonging to the other.
prSrenutiv^r H. The legiflature of this Mate mall be compofed of the reprefentatives of the
people, as is herein after pointed out: and the reprefentatives fhall be elected yearly,
and every year, on the firft Tuefday in December; and the reprefentatives fo elecled
mall meet the firft Tuefday in January following, at Savannah, or any other place
oni,e cover- or places where the Houfe of AfTembly for the time being fhall direft. On the
firft day of the meeting of the reprefentatives fo chofen, they fhall proceed to the
choice of a Governor, who fhall be filled 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 yetentitled 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 AfTembly.: and the majority of the members of the faid houfe fhall have
power to proceed to bufinefs.
fornix rt0 III. It fhall be an unalterable rule, that the Houfe of AfTembly fhall expire, and
be at an end yearly and every year, on the day preceding the day of election men-
tioned in the foregoing rule.
Ten members IV. The reprefentatives fhall be divided in the following manner; ten members
Sber7 ^ttfiM fr°m eacn county, as is herein after directed, except the county of Liberty, which
fourteen. contains three parifhes, and that fhall be allowed fourteen. The ceded lands north
wake*: of Ogechee fhall be one county, and known by the name of Wilkes.
The parifh of St. Paul fhall be another county, and known by the name of Rich-
Richmond. . -■* * w . . '
mond.
B ke The parifh of St. George fhall be another county, and known by the name of
Burke.
The parifh of St. Matthew, and the upper part of St. Philip, above Canouchee,
fhall be another county, and known by the name of Effingham.
«hatrum The parifh of Chriit Church, and the lower part of St. Philip, below Canouchee,
fhall be another county, and known by the name of Chatham.
The parifh of St. John, St. Andrew, and St. James fhall be another county,
and known by the name of Liberty.
The parifh of St. David and St. Patrick >fhall be another county, and known
by the name of Glynn.
The parifh of St. Thomas and St. Mary fhall be another county, and known
Camden, i '. ■ c /-> j
by the name or Camden.
Four members The port and town of Savannah fhall be allowed four members to reprefent their
for the port& frnrl~
town of Sa- U«U<_.
The port and town of Sunbury fhall be allowed two members to reprefent their
van n ah.
i wo for 8un-
hury.
trade.
Repwenta- ^ V. The two counties of Glynn and Camden fhall have one reprefentative each, and
fcl«5tic«i** a^° tney? anc* a^ other counties that may hereafter be laid out by the Houfe of Af-
fembly, fhall be under the following regulations, viz. At their firft inftitution, each
county fhall have one member, provided the inhabitants of the faid county fhall have
CONSTITUTION, 7
ten eleBors j and if thirty, they fhall have two ; if forty, three; if fixty, four ; if
eighty, fix ; if an hundred and upwards, ten ; at which time two executive coun-
fellors fliall be chofen from them, as is directed for the other counties.^
VI. The reprefentatives fhall be chofen out of the refidents in each county, who S??;JJS!!2S,
{hall have refided at lead twelve months in this ftate, and three months in the coun- ttm'
ty where they fhall be elefted ; except the freeholders of the counties of Glynn and
Camden, who are in a ftate of alarm, and who fhall have the liberty of choofing one
member each, as fpecified in the articles of this conftitution, in any other county,
until they have refidence fuffkient to qualify them for more : And they fhall be of
the proteftant religion, and of the age of twenty one years, and fhall be poffeffed
in their own right of two hundred and fifty acres of land, or fome property to the
amount of two hundred and fifty pounds.
VII. The Houfe of Affembly fhall have power to make fuch laws and regulations *«^ to
as may be conducive to the good order and well being of the ftate; provided fuch '»««.*«•
laws and regulations be not repugnant to the true intent and meaning of any rule
or regulation contained in this conftitution.
The Houfe of Affembly fliall alfo have power to repeal all laws and ordinances May repeal
they find injurious to the people : And the houfe fhall choofe its own fpeaker, ap- chimin
point its own officers, fettle its own rules of proceeding, and dire£t writs of elec- otherofficers,
tion for fupplying intermediate vacancies; and fhall have power of adjournment ^tsof elcc-
to any time or times within the year.
VIII. All laws and ordinances fhall be three times read, and each reading fliall £?,*ghi°t°[&£
be on different and feparate days, except in cafes of great neceffity and danger;
and all laws and ordinances fhall be fent to the executive council, after the fecond
reading, for their perufal and advice.
IX. All male white inhabitants, of the age of twenty one years, and poffeffed in ^'SlT
his own right of ten pounds value, and liable to pay tax in this ftate, or being of
any mechanic trade, and fhall have been refident fix months in this ftate, fliall 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 personally. bintVon ly
X. No officer whatever fliall ferve any procefs, or give any other hinderance to J*e'£fre'*nd
any perfon entitled to vote, either in going to the place of ele&ion, or during the
time of the faid eleftion, or on their returning home from fuch election; nor fliall
any military officer, or foldier, appear at any election in a military character, to the
intent that all elections may be free and open.
XI. Mo perfon fhall be entitled to more than one vote, which fliall be given in the Elcft0" to
. J . . ' O vote where
county where iucn perlon rehdes, except as before excepted; nor fhall any perfon *«*>«*&»*
who holds any title of nobility be entitled to a vote, or be capable of ferving as a re- JSfflf*"
preventative, or hold any port of honor, profit or truft in this ftate, whilft fuch
perfon claims his title of nobility; but if the perfon fhall give up fuch diftinftion, in
8 . CONSTITUTION,
the manner as may be directed by any future legiflature, then, and in fuch cafe, he
fhall be entitled to vote, and reprefent, as before directed, and enjoy all the other
benefits of a free citizen.
kchnJto7of;. ; XII. Every perfon abfenting himfelf from an election, and fliall neglea to give
in his or their ballot, at fuch election, fliall be iubject to a penalty not exceeding five
pounds; the mode of recovery, and alfo the appropriation thereof, to be pointed
out and directed by aft of the legiflature; provided neverthelefs, that a reafonabie
excufe fliall be admitted.
E!eftion of re-
presentatives
tobeby'tuilot.
Elsftor's o.i'.ft.
XIII. The manner of electing reprefentatives fliall be by ballot, and fliall be ta-
ken by two or more juftices of the peace, in each county, who fhall provide a con-
venient box for receiving the faid ballots; and on clofing the poll, the ballots fhall
be compared in public, with the lift of votes that have been taken, and the majority
immediately declared; a certificate of the fame being given to the perfons elected,
and alfo a certificate^ returned to thehoufe of reprefentatives.
XIV. Every perfon entitled to vote fliall take the following oath, or affirmation,
if required, viz.
* I, A. 5. do voluntarily and folemnly fwear, or affirm, as the cafe may be, that I
do owe true allegiance to this ftate, and will fupport the conftitution thereof. So
help me God.'
Repreenta- XV. Any five of the reprefentatives elected, as before directed, being met, fhall
lives now . t • • n 1 r 11 • 111 °
sworn, have power to admmifter the following oath to each other ; and they or any other
member, being fo fworn, fliall in the houfe adminifter the oath to all other mem-
bers that attend, in order to qualify them to take their feats, viz.
theireath. 1 1} j_% gt <\Q folemnly fwear, that I will bear true allegiance to the ftate of Geor-
gia, and will truly perform the trufts repofed in me ; and that I will execute the
fame to the belt of my knowledge, for the benefit of this ftate, and the fupport of
the conftitution thereof; and that I have obtained my election without fraud or
bribe whatever. So help me God.'
contiflentai XVI. The continental delegates fhall be appointed annually by ballot, and fhall
jointed annu. have a right to fit, debate and vote, in the Houfe of Affembly, and be deemed a part
a pan of the thereof; fubject however to the regulations contained in the twelfth article of the
Assembly. r t • r i
confederation of the United States.
pabieof4inct* XVII. No perfon bearing any polt of profit under this ftate, or any perfon bear-
' ing any military commiffion, under this or any other ftate or ftates, except officers
of the militia, fliall be elected a reprefentative. And if any reprefentative fhall be
appointed to any place of profit or military commiffion, which he fliall accept, his
feat fliall 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 of a juftice of the peace
is a poft of profit.
btidmorVhHl1 XVIII. No perfon fliall hold more than one office of profit, under this ftate, at
than one of-
fice of profit.
one and the fame time*
COxVSTITUTIC^T.
\3t
executive'
XIX. The governor lhall, with the advice of the executive council, exercife the
executive powers of government, according to the laws of this ftate and the con-pow^!'
ftitution thereof; lave only in the cafe of pardons, and remiffion of fines, which he
lhall in no inftance grant; but he may reprieve a criminal, fufpend a fine, until the
meeting of the Afiembly, who may determine therein as they lhall judge fit.
XX. The governor, with the advice of the executive council, fhall have power to Mayeoa*«>e
-call the Houfe of Afiembly together, upon any emergency, before the time which thc As*urt0:-'
they ftand adjourned to.
XXI. The governor, with the advice of the executive council, fhall fill up all in- ™^].^V
termediate vacancies that (hall happen in offices till the next general election : And all conuahtfm*
commifiions, civil and military, lhall be iflued by the governor, under his hand, and
the great feal of the ftate,
XXII. The governor may prefide in the executive council at all times, except when the p.
when they are taking into confidcration, and perilling the laws and ordinances offered gj*^JB*
to them by the Houfe of Afiembly*
XXIII. The governor lhall be chofen annually by ballot, and lhall not be eligible «!« .##*<»*
to the faid office for more than one year out of three, nor fhall he hold any military
commiflion under any other ftate or ftatcs.
The governor fhall refide at fuch place as the Houfe of Afiembly for the time be- hu ««£&**;
ing fhall appoint.
XXIV. The governor's oath i
'I, A. B. elected gfyvernor of the ftate of Georgia, by the reprefentatives there- «*<*■<»*:
of, do folemnly promife and fwear, that I will, during the term of my appointment,
to the bed of my fkill and judgment, execute the faid office faithfully and confeien-
tioufly, according to law, without favor, affeclion, or partiality; that I will to the
utmoft of my power, fupport, maintain and defend the ftate of Georgia, and the
conftitution of the fame, and ufe my utmoft endeavors to protect the people there-
of in the fecure enjoyment of all their rights, franchifes and privileges ; and that thc
laws and ordinances of the ftate be duly obferved, and that law and juftice in mercy
be executed in all judgments. And I do further folemnly promife and fwear, that I
will peaceably and quietly refign the government to which I have been elecled, at the
period to which my continuance in the faid office is limited by the conftitution : And
laftly, I do alfo folemnly fwear, that I have not accepted of the government where-
iinto I am elected contrary to the articles of this conftitution. So help me God.'
This oath to be adminiltered to him by the fpeakerof the Afiembly.
The fame oath to be adminiftered by the fpeaker to the prefident of the council. £athdcnt,i
No perfon fhall be eligible to the office of governor who has not refided three
years in this ftate.
XXV. The executive council fhall meet the day after their election, and proceed Bje&ah.of
to the choice of a prefident out of their own body — they fhall have power to appoint olcUfoftiuj
their own officers, and fettle their own rules of proceedings. The council fha'U al- co'Sto
ways vote by counties, and not individually. «».
B
io CONSTITUTION.
JSte* XXVI. Every counfellor, being prefent, fhall have power of entering his proteft
againft anymeafures in council hehas not confented to; provided he does it in three
days.
council to ex- XXVII. During the fitting of the AfTembly, the whole of the executive council
amine all laws c? o . ; j * . .
k ordinance., 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 ordinan-
ces fent them by the Houfe of Affembly; and all laws and ordinances fent to the
council mall be returned in five days after, with their remarks thereon.
p?s"n"amcnd- XXVIII. A committee from the council, fent with any propofed amendments to
wenu. any jaw or ordinance, mall deliver their reafons for fuch propofed amendments, fit-
ting and covered; the whole houfe at that time, except the fpeaker, uncovered.
Sdentshaifaa XXIX. The prefident of the executive council, in the abfence or ficknefs of the
as governor, governor, mall exercife all the powers of the governor.
Govemorimy XXX. When any affair that requires fecrecy fhall be laid before the governor and
administer an in r i i 1 ovi ""u
cytto°thesecre' tne executlve council, it fhall be the duty or the governor, and he is hereby obliged
council. to adminifter the following oath, viz.
The oath. <. -^ ^ g ^Q f0]emniy fWear, that any bufinefs that fliall be at this time commu-
nicated to the council, I will not, in any manner whatever, either by fpeaking, wri-
ting or otherwife, reveal the fame, to any perfon whatever, until leave given by the
council, or when called upon by the Houfe of Affembly; and all this I fwear with-
out any refervation whatever. So help me God.'
also to the k- And the fame oath fhall be adminiftered to the fecretary and other officers neceffary
treury. ^ carry tne bufinefs into execution.
XXXI. The executive power fliall e-xift till renewed as pointed out by the rules of
nveuower. ^[s conftitution.
Continuation
of the execu
Transactions
between the
XXXII. In all tranfaftions betw7een the legiflative and executive bodies, the fame
^tiv^coun5'' fliall be communicated by meffage, to be delivered from the legiflative body to the
verrfo"! low governor or executive council by a committee; and from the governor to the Houfe
of Affembly by the fecretary of the council; and from the executive council by a
committee of the faid council.
•Pov^rnor6 XXXIII. The governor, for the time being, fhall be captain-general and com-
mander in chief over all the militia, and other military and naval forces belonging to
this ftate.
Militia com
missions,
duration
rtiSsiSis?rteir XXXIV. All militia commilTions fhall fpecify, that the perfon commilTioned mail
continue during good behaviour.
fo3rmedon* XXXV. Every county in this ftate that has, or hereafter may have, two hundred
and fifty men and upwards, liable to bear arms, fhall be formed into a battalion; and
when they become too numerous for one battalion, they fhall be formed into more,
by bill of the legiflature; and thofe counties that have a lefs number than two hundred
and fifty, fliall be formed into independent companies,
CONSTITUTION. n
XXXVI. There fhall be eftablifhed in each county a court, to be called a Superior S^*«<
Court, to be held twice in each year. On the firft Tuefday in March in the county ew"*-
of Chatham ;
The fecond Tuefday in March in the county of Effingham.;
The' third Tuefday in March in the county of Burke;
The fourth Tuefday in March in the county of Richmond;
The next Tuefday in the county of Wilkes ;
And Tuefday fortnight in the county of Liberty;
The next Tuefday in the county of Glynn ;
The next Tuefday in the county of Camden: The like courts to commence in.
October, and continue as above.
XXXVII. Allcaufes and matters of difpute between any parties rending in the Csu,e*'
fame county, to be tried within the county.
XXXVIII. All matters in difpute between contending parties refiding in different ^etobc
counties, fhall be tried in the county where the defendant refides, except in cafes of
real eftates, which fhall be tried in the county where fuch real eftates lies.
XXXIX. All matters of breach of the peace, felony, murder and treafon againft Tmiofcnmi-
the ftate, to be tried in the county where the fame was committed. All matters of
difpute, both civil and criminal, in any county where there is not a fufficient number
of inhabitants to form a court, lhall be tried in the next adjacent county where a court
is held.
XL. All caufes of what nature foever, fhall be tried in the fupreme court, except as o^ntean?«
hereafter mentioned: which court fhall confift of the chief juftice, and three or more or'thTsuperior
. * court
of the juftices refiding in the county; in cafe of the abfence of the chief juftice, the
fenior juftice on the bench mall aft as chief juftice, with the clerk of the county, at-
torney for the ftate, fheriff, coroner, conftable, and the jurors. And in cafe of the
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 lhall be diffatis- Right of m-
fled with the determination of the jury, then and in that cafe they fhall be at liberty
within three days to enter an appeal from that verdift, and demand a new trial by a
fpecial jury, to be nominated as follows, viz. each party, plaintiff and defendant, ^nerof
fhall choofe fix; fix more names fhall be taken indifferently out of a box provided
for that purpofe; the whole eighteen to befummoned, and their names to be put to-
gether into the box, and the firft twelve that are drawn out, being prefent, fhall be
the fpecial jury to try the caufe, and from which there fhall be no appeal.
XLI. The jury fhall be judges of law as well as of fa6r, and fhall not be allowed jury judwiof
to bring in a fpecial verdift; but if all, or any, of the jury have any doubts concern-
ing points of law, they fhall apply to the bench, who fhall each of them in rotation
give their opinion.
XLII. The jury fhall be fworn to bring in a verdict according to law, and the Their ott*.
opinion they entertain of the evidence; provided it be not repugnant to the rules and
regulations contained in this conftitution.
is CONSTITUTION.
sprcuijury'* XLIII. The fpecial jury fhall be fworn to bring in a verdift according to law, and
the opinion they entertain of the evidence; provided it be not repugnant to juftice,
equity and confcience, and the rules and regulations contained in this conftitution: of
which they 'fh all judge.
tosbl 3T XLIV. Captures, both by fea and land, to be tried in the county where fuch fhall
ana una. ^ carried in; a fpecial court to be called by the chief juftice, or in his abfence, by
the then fenior juftice in the faid county, upon application of the captors or claim-
ants; which caufe fhall be determined within the {pace of ten days. The mode of
proceeding and appeal fhall be the fame as in the fuperior courts; unlefs after the fe-
cond trial an appeal is made to the continental congrefs; and the diftance of time be-
tween the firft and fecond trial fhall not exceed fourteen days: And all maritime cau-
fes to be tried in like manner.
c«ndjury„ XLV. No grand jury fhall confift of lefs than eighteen, and twelve may find a bill.
counofcon- XLVI. That the court of confcience be continued as heretofore praftifed, and
that the juri
ten pounds.
lukmoa. that the jurifdiftion thereof be extended to try caufes not amounting to more than
stay of i&cu- XLVII. All executions exceeding five pounds, except in the cafe of a court-mer-
chant, fhall be ftayed until the firft Monday in March; provided fecurity be given
for debt and cofts.
Snuatfondofon" XLVIII. All the cofts attending any aftion in the fuperior court fhall not exceed
the the fum of three pounds; and that no caufe be allowed to depend in the fuperior court
longer than two terms.
causes in
superior
tourt3.
officers ao XLIX. Every officer of the ftate fhall be liable to be called to account by the
countable to ~ -^
the Assembly. Houte or Aiiembly.
Records to be L. Every county fliall keep the public records belonging to the fame, and authen-
Jrojercfta- ticated copies of the feveral records now in the pofleffion of this ftate fhall be made
out, and depofited in that county to which they belong.
bfenuJie"0 LI. Eftates fhall not be entailed; and when a perfon dies inteftate, his or her eftate
Distribution, fliall be divided equally among their children; the widow fhall have a child's fhare,
or her dower, at her option: All other inteftates' eftates to be divided according to
the aft of diftribution made in the reign of Charles the Second, unlefs otherwife alter-
ed by any future aft of the legiflature.
AppQ-intaient IAJ. j± regifter of probates fliall be appointed by the legiflature in every county,
abates. for proving wills, and granting letters of adminiftration.
cfcoumyof- LIII. AH civil officers in each county fliall be annually elefted on the day of the
llC£r5, general eleftion; except juftices of the peace and regifters of probates, who fhall be
appointed by the Houfe of Aflembly.
reason of LI V. Schools fhall be erefted in each county, and fupported at the general expence
pbik ,ch0^. of the ftat^ as the iegiflaturefliai] hereafter point out anddireft.
CONSTITUTION. i^j
Of court-fcoa-
Rtligiouitole-
ratiun.
LV. A court-houfe and jail to be erefted at the public expence in each county, «, £S jai*!'
where the prefent convention or the future legiflature fhall point out and direct.
LVI. All perfons whatever fhall have the free exercife of their religion ; provided
it be not repugnant to the peace and fafety of the ftate; and fhall not, unlefs by con-
fent, fupport any teacher, or teachers, except thole of their own profeffion.
LVI I. The great feal of this Mate fhall have the following device : on one fide a Great •eai.iM
fcroll, whereon fhall be engraved, " The Conftitution of the ftate of Georgia;" and ueviLe*
the motto," Pro bono publico :" on the other fide an elegant houfe, and other buildings;
fields of corn, and meadows covered with fheep and cattle; a river running through
the fame, with a fhip under full fail; and the motto, " Dens nobis hcec otia fecit"
LVIII. No perfon fhall be allowed to plead in the courts of law in this ftate, except ^S"°r
thole who are authorifed fo to do by the Houfe of Affembly; and if any perfon fo
authorifed fhall be found guilty of mal-praclice before the Houfe of Aflembly, they
fhall have power to fufpend them. This is not intended to exclude any perfon from
that inherent privilege of every freeman, the liberty to plead his own caufe.
LIX. Exceflive fines fhall not be levied, nor exceffive bail demanded. Sbe"-
cessive.
LX. The principles of the habeas corpus a£t fliall be a part of this conftitution. Habeas corpi*
LXI. Freedom of the prefs, and trial by jury, to remain inviolate for ever. Freedom or
trial by jury .
LXII. No clergyman of any denomination fhall be allowed a feat in the legifla- ggr& ineIi#"
ture.
LXI II. No alteration fliall be made in this conftitution without petitions from a LTtobe0*1!'
majority of the counties, and the petitions from each county to be figned by a ma- tcied°
jority of voters in each county within this ftate; at which time the Affembly fhall
order a convention to be called for that purpofe, fpecifying the alterations to be
made, according to the petitions preferred to the Affembly 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 hrft
year of the independence of the United Sates of America.
M»fa&a&£SK31M2^2e33ss&M»
Georgia*
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 ftate;
and, by virtue of the powers in us vefted for that purpofe, do hereby ratify and
confirm the fame,
1789.
H
CONSTITUTION.
THE CONSTITUTION OF THE STATE OF GEORGIA.
ARTICLE I.
Diviitonand i. The legiflative power fhall be veiled in two feparate and diftind branches, to
giliature. wit, a Senate and Hoafe of Reprefentatives, to be ftyled, " The General Affembly.''
Election and
continuance
the Senate
2. The Senate fhall be elefted on the firfl Monday in October in every third year,
* until fuch day of election be altered by law, and mail be compofed of one member
from each county, chofen by the electors thereof, and fhall continue for the term of
three years.
Their qualifi-
eations.
fcle&ion of
president of
Senate.
Senate to try
all impeach-
ments.
EleeVion and
number of re
presentatives.
3. No perfon fliall be a member of the Senate, who fliall not have attained to the
age of twenty-eight years, and who fliall not have been nine years an inhabitant of
the United States, and three years a citizen of this flate, and fliall be an inhabitant
of that county for which he fliall be elected, and have refided therein fix months
immediately preceding his election, and fliall be poffefTed in his own right of two
hundred and fifty acres of land, or fome property to the amount of two hundred
and fifty pounds.
4. The Senate fliall eleel: by ballot, a prefident out of their own body.
5. The Senate fhall have folely the power to try all impeachments.
6. The election of members for the Houfe of Reprefentatives, fliall be annual, on
the firft Monday in OcTober, until fuch day of election be altered by law, and fhall
be compofed of members from each county, in the following proportions ; Camden,
two; Glynn, two ; Liberty, four; Chatham, five; Effingham, two ; Burke, four ;
Richmond, four; Wilkes, five; Wafhington, two; Greene, two; and Franklin,
two.
Their qualifi-
cation:!.
EleeVion of
•peaker and
other officen.'
7. No perfon fliall be a member of the Houfe of Reprefentatives, who fhall not
have attained to the age of twenty -one years, and have been feven years a citizen of
the United States, and two years an inhabitant of this flate, and fliall be an inhabitant
of that county for which he fliall be elected, and have refided therein three months
immediately preceding his election, and fhall be poffefTed in his own right of two
hundred acres of land, or other property, to the amount of one hundred and fifty
pounds.
8. The Houfe of Reprefentatives fhall choofe their fpeaker and other officers.
The power of 0. They fhall have folely the power to impeach all perfons who have been, or
Impeachment. . - fr
may be in office.
Disqualifica-
tion,
10. No perfon holding a military commiffion, or office of profit, under this or the
United States, or either of them, (except juftices of the peace and officers of the
militia) fliall be allowed to take his feat as a member of either branch of the General
Affembly ; nor fhall any fenator, or repre Tentative be eleQed to any office of profit,
which fhall be created during his appointment.
CONSTITUTION. 15
ii. The meeting of the General AfTembly fhall be annual, on the firft Monday in 5££238ycfthe
November, until fuch day of meeting be altered by law.
12. One third of the members of each branch, fhall have power to proceed to one third may
buhnefs, but a fmsller number may adjourn from day to day, and compel the attend- S
ance of their members, in fuch manner as each houfe may prescribe.
13. Each houfe fhall be judges of the elections, returns, and qualifications of its J^Je"**^
own members, with powers to expel, or puniih for diforderly behaviour.
14. No fenator or rcprefentative, fhall be liable to be arretted, during his attend- Free fromar-
ance on the General AfTembly, or for a reafonable time in going thereto, or returning
home, except it be for treafon, felony, or breach of the peace. Nor fhall any mem- Freedom of
ber be liable to anfwer for any thing fpoken in debate in either houfe, in any court or
place, elfewhere.
iz. The members of the Senate, and Houfe of Rcprefentatives fhall take the fol- senator's & re-
lowing oath, or affirmation : cath«
' I, A. B. do folemnly fwear for affirm as the cafe may be) that I have not obtained
my election by bribery, or other unlawful means, and that I will give my vote on all
queftions that may come before me as a fenator, or reprefentative, in fuch a manner,
as in my judgment, will belt promote the good of this ftate; and that I will bear true
faith and allegiance to the fame, and to the utmoft of my power, obferve, fupport,
and defend the constitution thereof.'
Assembly,
16. The General AfTembly fhall have power to make all laws and ordinances, Powers of the
which they fhall deem neceffary and proper for the good of the ttate, which fhall not
be repugnant to this constitution.
counties and-
out new
one*.
17. They fhall have power to alter the boundaries of the prefent counties, and to ^ndaHe^of
lay off new ones, as well out of the counties already laid off, as out of the other ter- f°y
ritory belonging to this ttate ; — when a new county or counties fhall be laid off out of
any of the prefent county or counties, fuch new county or counties fhall have their
reprefentation apportioned out of the number of the reprefentatives of the county
or counties out of which it or they fhall be laid out. And when any new county
fhall be laid off in the vacant territory belonging to the ttate, fuch county fhall have
a number of reprefentatives not exceeding three, to be regulated and determined by
the General AfTembly. And no money fhall be drawn out of the treafury, or from
the public funds of this ttate, except by appropriations made by law.
18. No clergyman of any denomination fhall be a member of the General Af- ciergy cu*^
fembly.
ARTICLE II.
1. The executive' power fhall be vetted in a governor, who fhall hold his office Governor's-
during the term of two years, and fhall be elefted in the following manner: coSSwijo
0 J : & office.
2-. The Houfe of Reprefentatives fhall, on the fecond day of their making a houfe, Huekaisn.
in the firft, and in every fecond year thereafter, vote by ballot for three perfons,
»6 CONSTITUTION.
arid fhail make a lift containing tEe names of the perforis voted for, and of the num-
ber of votes for each perfon; which lift the fpeaker fhall fign in the prefence of the
houfe, and deliver it in perfon to the Senate; and the Senate 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.
HMflttficv g^ No perfon Diall be eligible to the office of governor, who fhall not have been a
citizen of the United States twelve years, and an inhabitant of this ftate fix years,
and who hath not attained-to the age of thirty years, and who docs not poffefs five
hundred acres of land in his own right, within this ftate, and other fpecies of property
to the amount of one thqu'fand pounds fterling.
goven?criabe 4- in cafe of the death, refignaiion, or difability of the governor, the prefident of
cased wean- tke Senate fnail exercifethe executive powers of government, until fuch difability be
removed, or until the next meeting of the General Affembly.
ofTheTovern- 5- The governor fhall at ftated times, receive for his fervices a co'mpcnfation which'
fliall neither be increafed, nor diminimed during the period for which he fhall he
elecled ; 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 enters on the
execution of his office, he fhall take the following oath or affirmation: " I do lo-
teo.nh. lemnly fwear, (or affirm as the cafe may be) that I will faithfully execute the office of
governor of the date of Georgia, and will to the beft of my abilities, preferve, pro-
tect, and defend the faid ftate, and caufe juftice to be executed in mercy therein, ac-
cording to the constitution and laws of the fame."
tKstitfe. 5t He fhail be commander in chief, in and over the ftate of Georgia, and of the
militia thereof.
Has pnwe» to
prenr. pardons,
7. He fliall have power to grant reprieves, for offences againft the ftate, except in
*•=• * cafes of impeachment, and to grant pardons in all cafes, after conviftion, except for
treafon or murder, in which cafes he may refpite the execution, and make a report
thereof to the next General Affembly, by whom a pardon may be granted.
Shall issui
writs of clec-
8. He fliall iffue writs of eleBiori, to fill up all vacancies that may happen in the
yweatheA*-7 Senate or Houfe of Reprefentatives, and fliall have power to convene the General
Affembly, on extraordinary occafions; and fliall give them from time to time, infor-
mation of the ftate of the republic; and recommend to their confideration fuch mea-
fures as he may deem neceftary and expedient.
the Assembly g. In cafe of difagfeement between the Senate and Houfe of Reprefentatives, with
gnrccem-nt he- retbeft to the time to which the General Affembly fliall adjourn, he mav adjourn then§
tween the two r 1 • 1 < J
houies. to fuch time as he may think proper.
powers.
his legislative 10. He fliall 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 notwithstanding his
diffent; and if any bill fliould not be returned by the governor within five days after
it hath been prefented to him, the fameiliall be a law, unlefs the General Affemmy
by their adjournment, mould prevent its return.
■CONSTITUTION, 17
ii. The great feal of the ftate, fhall be depofited in the office of the fecretaiy and £**#*-.
k fhall not be affixed to any inftrument of writing without it be by order of the
governor, or the General Afiembly, and the General Afiembly may direct the great
leal to be altered.
ARTICLE I IK
1. A fuperior court fhall be held in each county twice in every year, in which fiiall gJgjgSKr
be tried and brought to final decifion, all caufes civil and criminal, except fuch as auth0'i7Cd'
may be fubject to a federal court, and fuch as may by law be referred to inferior
jurifdictions.
2. The General Afiembly fhall point out the mode of Correcting errors, and ap- [£«« Md &-'
peals, which (hail extend as far as to empower the judges to direct a new trial by a
jury within the county where the action originated, which, (hall be final.
3. Courts-merchant fhall be held as heretofore, fubject to fuch regulations as the SSJj£'mer*
General Afiembly may by law dire&.
4. All caufes fhall be tried in the county where the defendant refides, except in tc/£cctr£d.ert
cafes of real eftate, which fhall be tried in the county where fuch eftate lies ; and in
criminal cafes, which fhall be tried in the county where the crime fhall be committed.
5,. The judges of the fuperior court, and attorney general, fhall have a compe- ^^1^*
lent falary eftablifhed. by law,, which fhall not be increafed nor diminifhed during general,
their continuance in office, and ffiall hold their commiffions during the. term of three Three yca« m
° office.
years.
ARTICLE IV.
i. The electors of -the members of both branches of the General Afiembly fhall ^j^f tton o£
be citizens and inhabitants of this ftate,. and fhall have attained to the age of twenty-
one years, and have paid tax for the year preceding the election, and fhall have resi-
ded fix months within the county.
2. All elections fhall be by ballot, and the Houfe of Reprefentatives in all appoint- &*gjj*[ t0 ht
ments of ftate officers fh all vote for three perfons^ and a lift of the three perfons y .ntrrieivtof
having the higheft number of votes, fhall be figned by the fpeaker and fent to the st«e officcra-
Senate, which fhall, from fuch lift, determine by a majority of their votes the officer
elected ; except militia officers and the fecretaries of the governor^ who fhall be ap-
pointed by the governor alone, under fuch regulations and reftrictions as the General
Afiembly may prefcribe. The General Afiembly may veft the appointment of infe- inferior ok
rior officers, in the governor^ the courts of juftice, or in fuch other manner as they
may by law eftablifh-.
cers.
3. Freedom of the prefs, and (rial by jury fhall remain inviolate. frMda*«if
*■ . J J J torrC* and frii
4. All perfons fhall be entitled to the benefit of the writ of habeas corpiisi
refs and trial
yjury.
Habeas corpus.
$f All perforts fhall have the free exercife of religion without being obliged to con- £**
tnbute to the fupport of any religious profeffiort but their own.
C
exercise
eligion.
CONSTITUTION,
Kstates not to
be entailed
Haw liistritni'
C<JMtitution,
hew to b« al-
tered.
6. Eftates mall not be entailed, and when a perfon dies inteftate, leaving a wife and
children, the wife jfhall have a child's fliare, or her dower at her option ; if there be
no wife, the eftate ffiall be equally divided among the children ; and their legal repre-
fentatives of the firft degree; the diftribution of all other intellates' eftates may be re-
gulated by law.
7. At the general election for members of Affembly in the year one thoufand
feven hundred and ninety-four^ the ele&ors in each county fhall eleel three perfons to
reprefent them in a convention forthepurpofe of taking into confederation the altera-
tions neceffary to be made in this conftitution; who fliall meet at fuch time and place
as the General Affembly may appoint, and if two thirds of the whole number fliall meet
and concur, they fliall proceed to agree on fuch alterations and amendments as they
may think proper, provided that after two thirds fliall have concurred to proceed to
alterations and amendments, a majority fhall determine on the particulars of fuch al-
terations and amendments.
Time of opcr*
Am,
8. This conftitution fhall take efFe£l and be in full force on the firft Monday in
O&ober next after the adoption of the fame, and the executive fhall be authorized
to alter the time for the fitting of the fuperior courts, fo that the fame may not inter-
fere with the annual elections in the refpedive counties, or the meeting of the firft
General Affembly.
Done at Augufta, in Convention, the fixth day of May, in the year of our
Lord one thoufand feven hundred and eighty-nine, and in the year of the fo-
vereignty and independence of the United States the thirteenth.
WILLIAM GIBBONS, Prefident, and delegate from Chatham,
ASA EMANUEL,
JUSTUS H. SCHEUBER,
|^ BENJAMIN LANIER,
"i IjOHN GREEN,
^J NATHAN BROWNSON.
^ DAVID EMANUEL,
1 VHUGH LAWSON,
^ J WILLIAM LITTLE,
*§'"( ABRAHAM MARSHALL3
I V WILLIAM F. BOOKER,
<§ J LEONARD MARBURY.
4\J
OHN TALBOT,
EREMIAH WALKER.
t LlACHLAN M'INTOSH.
s J
ll ALEXANDER BISSETT.
^0
JARED IRWIN,
JOHN WATTS,
JOSHUA WILLIAMS,
1 vm. woods;
t\ JOSEPH CARMICHALj
I [HENRY CARR.
Attefti D, LONGSTREET, Secretary,
CONSTITUTION, 19
W E, the reprefentatives of the people of the ftate of Georgia, in convention met,
do ordain and eftablifh the following articles as additions and amendments to the pre-
fentconftitution, to take effeft and be in full force on the firft Monday in Qftobernext.
I. The Senate fh all be elected annually on the firft Monday in November, until hcMmm 0r se-
fuch day of eleftion be altered by law, and (hall be compofed of one member from nuai.
each county, to be chofen by the eleclors thereof.
II. All elections to be made by the General AfTembly fhall be by joint ballot of aeajonwte
the Senate and Houfe of Reprefentatives. Jthe A«ent-
III. The election of members for the Houfe of Reprefentatives fhall be annual, on E,eaionofri;r
the firft Monday in November, and fhall be compofed of members from each county i*e*f>talivc*.
in the following proportions: Camden, two; Glynn, two; Liberty, four; M'lntofh,
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; Warren, three.
IV. At the general election for members of AfTembly in the year one thoufand com-
feven hundred and ninety-feven, the electors of the prefent counties fhall cleft three
perfons to reprefent them in a convention for the purpofe of taking into confideration
the further alterations and amendments necefTary to be made in the constitution, who
fhall meet at the town of Louifville the fecond Tuefday in May thereafter: a majo-
rity of the faid convention fhall have power to proceed to, and agree on fuch altera-
tions and amendments as they may think proper.
e:i tiffs
when to mce<
Meeting of the
As.emblv.
V. The meeting of the General AfTembly fhall be annual, on the fecond Tuefday
in January; a majority of whom fhall have power to proceed to bufmefs. .
Louisville «eat
VI. That Louifville be the permanent feat of government, and that the governor, ° E >(
fecretary of the ftate, the treafurer, the auditor, and the furveyor-general remove with
their offices thereto as foon as may be convenient, previoufly to the next meeting of the
General AfTembly.
Done at Louifville, in Convention, the fixteenth 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 nineteenth.
Article of conflituted rights annexed to the conftitution as amended.
All powers not delegated by the conftitution as amended, are retained by the people*
N. W. JONES, President, and delegate from Chatham.,
i\ JOSIAH TATNALL, Jun. § U^rry^ILSON -■ ■ '
3 Jthomas gibbons, 3 /John appung.'
20
CONSTITUTION.
.§\ JOSEPH CLAY, Junr
J [JOHN WEREAT.
FERDINAND ONEAL,
LACHLAN M'INTOSH.
HENRY D. STONE.
aq
m
JESSE M'CALL,
JOHN DAVIES.
BENJAMIN DAVIES,
DAVID EMANUEL,
THOMAS KING.
SAMUEL HIGGINBOTHAM,
-STEPHEN HEARD,
WILLIAM BARNETT.
«0 ABNER FRANKLIN,
Tl VOBADIAH HOOPER,
| J THOMAS GILBERT.
lj JOHN B. JIRARDEAU.
<0 DAVIS GRESHAM,
1 ^PHILIP HUNTER,
^ J WILLIAM FITZPATRICK,
*0 PETER BOYLE,
I ^ANDREW BAXTER,
■S§J HARMAN RUNNELS,
>| JAMES POWELL,
| J>JACOB WOOD,
^J DANIEL STEWART.
a
<&
•*s
ft
HENRY GASTER,
SOLOMON WOOD,
WILLIAM NEIL.
MATTHEW TALBOT,
EDMUND DANIEL,
GEORGE SWAIN.
JOHN MILTON,
► GEORGE WALKER,
PHILIP CLAYTON,
BENJAMIN LANIER,
WILLIAM SKINNER,
P. R. SMITH.
i& -) LEVY PRECITT,
| > JOHN COBBS,
sfc ) PETER GOODWIN.
I] JOHN RUTHERFORD,
J y GEORGE FRANKLYN,
J REUBEN WILKINSON,
s
BENJAMIN CATCHING,
SILAS MERCER,
DAVID CRESWELL,
Atteji, THOMAS JOHNSON, Secretary.
,1798.
THE CONSTITUTION OF THE STATE OF GEORGIA,
ARTICLE I.
Departments of 1. 1 HE legislative, executive, and judiciary departments of government mail be
§i«a«?en diftincl, and each department fliall be confided to a feparate body of magiftracy;
and no perfon, or collection of perfons, being of one of thofe departments, mail
exercife any power properly attached to either of the others, except in the inftances
herein exprefsly permitted,
CONSTITUTION. 21
Senate and
louse of Re-
presentatives
2. The • legislative power fhall be vefted in two feparate and diflinct branches, to *
wit, a Senate and Houfe of Reprefentatives, to be (ty led the General Aflembiy. I'heifs^j
3. The Senate fhall be elected annually on the firft Monday in November, until f£°^eae(!
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.
4. No perfon fhall be a fenator who fhall not have attained to the age of twenty- Theit":^hf:^
^ . ...... ° ' tions.
five years; and have been nine years a citizen of the United States, and three years
an inhabitant of this ftate, and fhall have ufually refided within the county for which
he fhall be returned at leaft one year immediately preceding his election, (except perfons
who may have been abfent on public bufinefs of this flate, 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 of his juft debts over
and above that fum.
5. The Senate fhall elect by ballot a prefident out of their own body. fident°notprc"
6. The Senate fhall have the fole power to try all impeachments. When fitting senate to try aii
for that purpofe, they fhall be on oath or affirmation; and no perfon fhall be con-
victed, without the concurrence of two thirds of the members prefent; judgment in
cafes of impeachment, fhall not extend further than removal from office and dif-
qualification to hold and enjoy any office of honor, truft or profit, within this flate;
but the party convicted, fhall neverthelefs be fubject to endiclment, trial, judgment,
and punifhment according to law.
7. The Houfe of Reprefentatives fhall be comnofed of members from all the Houseynepre
.,., ir -3 sentatives to hi
counties which now are, or hereafter may be included within tins (late, according to ™jr°p°n™ &
. ' J J O tne cnuraeri'
tneir refpeaive numbers of free white perfons, and including three fifths of all the tIon-
people of colour : the actual enumeration fhall be made within two years, and with-
in every fubfequent term of feven years thereafter, at fuch time, and in fuch manner,
as this convention may 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 leafl one, and not more than four, members. The repre- T!inc of cie>
ientatives fhall be chofen annually, on die firft Monday in November, until fuch day tkm-
of election be altered by law — until the afore faid enumeration fhall be made, the
feveral counties fhall be entitled to the following number of reprefentatives, respec-
tively: Camden, two ; Glynn, two ; Liberty, three ; M'Intofh, two ; Bryan, one;
Chatham, four; Effingham, two ; Scriven, two , Montgomery, two; Burke, three;
Bullock, one; Jefferfon, three ; Lincoln, two ; Elbert, three ; jackfon, two; Rich-
mond, three; Wilkes, four; Columbia, three; Warren, three-; Wafhington, three;
Hancock, four; Greene, three ; Oglethorpe, three; and Franklin, two.
8. No perfon fhall be a reprefentative who fhall not have attained to the age of Theh-quaiificv
twenty^one years, and have been feven years a citizen of the United States, three w-^'
years an inhabitan of this ftate? and have ufually refided in the county inwhich he
22 CONSTITUTION.
Shall be chofen, one year immediately preceding his election (unlets he fliall have
been abfent on public bafinefs of this State, or of the United States;) and fliall be
poffeiTed, in, his own right of a fettled freehold eftate of the valne of two hundred and
fifty dollars, or of taxable property to the amount of five hundred dollars, within
the county, for one year preceding his election; and whofe eftate Shall on a reafonable
estimation, be competent to the difcharge of his juft debts, over and above that fum.
fpefk«.of 9- The Houfe of Representatives fliall choofe their Speaker and other officers.
shaii impeach. 10< They Shall have Solely the power to impeach all perfons who have been, or
may be in office.
^uaHf^mem- 11' No perfon holding any military commiffion or other appointment having any
house. lther emolument or compensation annexed thereto, under this State, or the United States^
or either of them (except juftices of the inferior court, juftices of the peace, and officers
of the militia) nor any perfon who has had charge of public monies belonging to the
ftate, unaccounted for and unpaid, or who has not paid all legal taxes or. contribu-
tions to the government, required of him, {hall have a feat in either branch of the
Membereinca- General Affembly; nor Shall any fenator or reprefentative beeleftedto any office or
?ioneto° offi", appointment by the legislature, having any emoluments or compensation annexed
thereto, during the time for which he fhall have been elected, with the above excep-
tions, unlefs he fhall decline accepting his feat, by notice to the executive, within
twenty days after he Shall have been ele£ted; 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 fliall have been elected.
b^ihaumeet1" 12, The meeting of the General ASSembly fliall be annual on the fecond Tuefday
annually. ]n January, until fuch day of meeting be altered by law; a majority of each branch
fhall be authorized to proceed to bufineSs; but a Smaller number may adjourn from
day to day, and compel the attendance of their members in fuch manner as each
houfe may prefcribe.
jto«teetfthee* *3- Each houfe fhall be j udges of the ele&ions, returns, and qualifications of its
i£*nwBbe:w.of own members with powers to expel or punifh by cenfuring, fining, and imprisoning,
or either for diforderly behaviour, and may expel any perfon convicted of any felonious
or infamous offence; each houfe may punifh by imprifonment, during feffion, any
perfon not a member, who fhall be guilty of difrefpecl, by any diforderly or con-
temptuous behaviour in its prefence, or who during feffion fliall threaten harm to
the body or eftate of any member, for any thing faid or done in either houfe, or who
fliall affault any of them therefor; or who fliall affault or arreft any witneSs in going
to, or returning therefrom, or who fhall refcue any perfon arrefted by order of
either houfe.
Member free 14. No fenator or reprefentative fhall be liable to be arrefted during his attendance
«iviTcm, • on the General Affembly, or for ten days previous to its fitting, or for ten days af-
ter the rifing thereof, except for treafon, felony, or breach of the peace; nor Shall
any member be liable to anfwer for any thing fpoken in debate, in either houfe, in
Freedom »f<k- any court or place, elfewheve; but Shall neverthelefs be bound to anfwer for perju-
ry, bribery or corruption
CONSTITUTION. 23
15. Each houfe mail keep a journal of its proceedings, and publifh them imme- j^jSSSJSL'
diately after their adjournment; and the yeas and nays of the members on any quef-
tion mall, at the delire of any two members, be entered on the journals.
16. All bills for raifing revenue or appropriating monies mall originate in the Revenue bills
Houfe of Reprefentatives; but the Senate fhall propofe Or concur with amendments
as in other bills.
17. Every bill mail be read three times and on three feparate days, in each branch Ruie*forBas-
of the General Affembly, before it fhall pafs, unlefs in cafes of a£tual invafion or
infurreclion ; nor fhall any law or ordinance pafs, containing any matter different from
what is expreifed in the title thereof; and all acls fliall be figned by the prefi-
dent in the Senate, 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.
Members to be
sworn.
18: Each fenator and reprefentative, before he be permitted to take his feat, fliall
take an oath or make affirmation that he hath not praQifed any unlawful means,
either dire611y or indire&ly, to procure his election, and every perfon fhall be dif-
qualified from ferving as a fenator or reprefentative, for the term for which he fhall
have been ele£ted, who fhall be convicted of having given or offered any bribe or ^Xteifpun-
treat, or canvaffed for fuch election, and every candidate employing like means and ished-
not ele&ed, fhall 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 difab ili-
ties or penalties as may be prefcribed by law.
10. Every member of the Senate or Houfe of Reprefentatives, fhall, before heTheoathof
.-'■ tr •'•-*' * * 77 members*
takes his feat, take the following oath or affirmation, to wit, " I, A. B. do folemnly
fwear or affirm, (as the cafe may be) that I have not obtained my election by bribe-
ry, treats, canvaffing, or other undue or unlawful means, ufed by myfelf, or others
by my defire or approbation, for thatpurpofe; that I confider myfelf conftitution-
ally qualified as a fenator or reprefentative; and that on all quefhions and meafures
which may come before me, I will give my vote, and fo conducl myfelf, as may,
in my judgment, appear mofl conducive to the intereft and profperity of this
ftate; 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 conftitution
thereof."
20. No perfon who hath been, or may be convicled of felony, before any court General^-
f U • n. r 1 t y ■■'•'" 1 ■ n nni 1 • • 1 1 n- -i qualification
or this ltate, or any or the United States, mail be eligible to any office or appoint-
ment of honor, profit, or truft, within this ftate.
21. Neither houfe, during the feffion of the General Affembly fhall, without Adjournment
the confent of the other, adjourn for more than three days, nor to any other place, tute.e eg"
than that at which the two branches fhall be fitting; and in cafe of difagreement be-
tween the Senate and Houfe of Reprefentatives with refpeft to their adjournment,
the governor' may adjourn them.
*4 CONSTITUTION.
Ge£t&t*»a* 22. The General AiTernbiy (hall rave power to malte all laws and ,■ ordinances,
wh-ch they Shall deem neeeffary and proper for the good of the State, which, fh all not
be repugnant to-this constitution.
coantSfndiay 23. Thcyfii3.ll have power to alter the boundaries, of the prefent counties, and
to lay oi'I new ones, as well out of the counties already laid off, as out of the other
territory belonging to the itate; but the property of the foil, in a free government,
being one of the eiFeniial rights of a free people, it is neeefiary, in order to avoid
dilputcs, that the limits of this date mould bcafcertained with 'precision and exactnefs;
and this convention compofed of the immediate representatives of the people, chofen
by (hem to ai'fert their rights, and to revife the powers given by them to the govern-
Deciaratjonof meat, and from- who fe will, all ruling authority of right flows, DOTH affei t and de-
the «tatc. ' chre the boundaries of this Hate to: be as follow : That is to fay, the limits, boundaries,
jurisdictions and authority, of theftate of Georgia, do, and did, and of right ought
to extend from the fea, or the mouth of the river Savannah, along the northern
branch, or Stream thereof, to the fork or confluence of the rivers now called Tugalo
and Keow.ce, and from thence along the mofl northern branch or flream of the
faid river Tugalo, till it inter feels the northern, boundary line of South Carolina. If
the fa id branch or flream of Tugalo extends fo fur north, referving all the illandr. in
the faid rivers Savannah and Tugalo to Georgia; but if the head fpring or fource of
any branch or flream of the faid river Tugalo, does -not extend to the north boun-
dary line of South Carolina, then a weft line to the M-ifiifippi, to be drawn from tm>
head fpring or fource of the Slid branch or P. ream of Tugalo river, which extendi
to the highefl northern latitude; thence down; the middle of the faid river Miffifippi,
until it fhall inter Seel the northernmost part of the thirty-firft degree of north latitude;
fouth by a line drawn due call, from the termination of the line lafl 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 with
Flint river, thence Straight 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 mouther
inlet of Savannah- river, the place of beginning. Including and comprehending all
the lands and wTaters within the faid limits, boundaries and jurisdictional, rights; and
alfo, all the iflands. within twenty leagues of the fea> coafl. And this conven-
tion doth further declare and aflert, that all the territory without the pre Sent tem-
porary line and within the limits aforefaid, is, now, of right the property of the free
citizens of this Hate, and held by them in Sovereignty, inalienable but by their confent:
prevbo. Provided neverihelefsy That nothing herein contained Shall be conltrued, So as to
The legislature J * ,' Of . .
authonzedvto prevent a Sale to, or contract with the United States, bv the legiflature of this State,
sell a certain r ' 1 • n \ c
StedstatesU" °^ an<^ ^or a^ or any Part °^ trie wcn:eni territory of this flate, laying weftward or
the river Chatahoochee, on fuch terms as may be beneficial to both parties; and may
procure an extenhon of ; Settlement, and an extinguifhment oS Indian claims, in and
to the vacant territory oS this flate, to the eaft and north oS the Said river Chatahoo-
chee, to which territory Such power or contract or Sale, by the legiflature, fhall not
proviso. extend: And provided ' -alfo9 The legiflature may give its con Sent to the eftablifhment
of one or more governments weilward thereof; but monopolies of land by indi-
viduals, being contrary to the Spirit of our free government, no Sale of territory of this
flate, or any part thereof, fhall take place to individuals, or private companies, un-
lets a county or counties ihall have been firfl laid off, including. Such territory, and
the Indian rights fhall have been extinguifhed thereto.
No monopolies
ipo
(I.
to be
CONSTITUTION. 25
24. The foregoing feclion of this article having declared the common rights of the Ss«a"«!-
free citizens of this ft ate, in and to all the territory without the prcfent temporary tutl0nillyT0"!
boundary line, and within the limits of this ftate, 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 (late fhould
not detain a confideration for a contract, which has failed: the legiflature at their consideration
' , re » money to be re
nextfeffion, fhall make provifion bylaw, for returning to any perfon or perfons, who tun,ca-
has or have bona fide depofited monies for fuch purchafes in the treafury of this ftate :
Provided, That the fame fhall not have been drawn therefrom tn terms of the act
pailed the thirteenth of February, one thoufand feven hundred and ninety-fix, com-
monly called the refcinding aft, or the appropriation laws of the years one thoufand
feven hundred and ninety-hx, and one thoufand {txtn hundred and ninety-feven : and never to be
nor fhall the monies, paid for fuch purchafes, ever be deemed a part of the funds of ofthtpt*Tic
this ftate, or be liable to appropriation as fuch; but until fuch monies be drawn from
the treafury, they fhall be confidered 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 ftate, except by appropriation made by law, and a regu-
lar ftatement and account of thereceipts and expenditures of all public monies, fhall
be publiflied fom time to time. No vote, refolution, law, or order, fhall pafs the {*»»*?
General Affembly, granting a donation or gratuity in favor of any perfon whate- uran
ver, but by the concurrence of two thirds of the General AiTemblv.
25. It fhall be the duty of the j lift ices of the inferior court, or any three of them, brch^",,s t9
in each county refpeclively, within fixty days after the adjournment of this conven-
tion, to appoint one or more fit perfons in each county, not exceeding one for each
battalion diftricl, whofe duty it fhall be to take a full and accurate cenfus or enumera-
tion of all free white perfons, and people of color, refiding therein, diflinguifning, in
feparate columns, the free white perfons from perfons of color; and return the fame
to the clerks of the fuperior courts of the feveral counties, certified under their hands,
on or before the firft day of December next — the perfons fo appointed, being firft fe-
verally fworn before the faid juftices, or either of them, duly and faithfully to perform
the truft repofed in them, and it fhall be the duty of the faid clerks, to tranfmit all
fuch returns, under the feal, direcled to the fpeaker of the Houfe of Rcprefentatives,
at the firft feffion of the legislature thereafter : and it fhall be the duty of the Gene-
ral AiTembly, at their faid firft fefiion, to apportion the members of the Houfe of
Reprefentatives among the feveral counties, agreeably to the plan prefcribed by this
conftkution, and to provide an adequate compenfation for the taking of the faid
cenfus. Every perfon, whofe ufual place of abode fhall be in any family on the
firft Monday in July next, fhall be returned as of fuch family, and every perfon,
occafionally abfent at the time of taking the enumeration, as belonging to that place
in which he ufually refides. The General Affembly fhall, by law, direci the manner
of taking fuch cenfus or enumeration, within every fubfequent term of feven years, %££**"
in conformity to this conftkution. And it is declared to be the duty of all officers,
civil and military, throughout this ftate, to be aiding and aflifting in the true and faith-
ful execution thereof. In cafe the juftices of the inferior courts fhould 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 refpefting the faid cenfus; and if the cenfus or
D
20*
Gov? rnor cho-
sen for two
CONSTITUTION.
enumeration of any county (hall not be fo taken and returned, then, and in that cafe,
the General Affembly fhall apportion the reprefentation of fuch county, according to
the beft evidence in their power, relative to its population.
ARTICLE II.
1. The executive power fhall be vefted in a governor, who fhall hold his office
during the term of two years, and until fuch time as a fucccflor fhall be chofen and
qualified ; he fhall have a competent falary eftablifhed by law, which fhall not. be
increafed or diminifhed during the period for which he. fhall have been ele&ed, neither
fhall he receive, within that period, any other emolument from the United States, or
either of them, or from any foreign power.
By _ the General 2. The governor fhall be elected by the General Affembly, at their fecond annual
fefiion after the rifing of this convention, and at every fecond annual feflicn thereafter,
on
I. nic gtjvciijus man uc cxtitu uy 111c ocucicu ivi
on after the rifing of this convention, and at every fe
the fecond day after the two houfes fhall be organic
to bufinefs.
ganized and competent to proceed
His qualifica-
tions.
Vacancy, how
felled.
Governors
His Styte.
3. No perfon fhall be eligible to the office of governor, who mall not have been
a citizen of the United States twelve years, and an inhabitant of this ftate fix years,
and who hath not attained to the age of thirty years, and who does not poffefs five
hundred acres of land, in his own right, within this flate, and other property to the
amount of four thoufand dollars, and whofe eflate fhall not on a reafonabie efti-
mation, be competent to the difch'arge of his debts, over and above that fum.
4. In cafe of the death or refignation, or difability of the governor, the prefident
of the Senate fhall exercife the executive powers of government until fuch difability
be removed, or until the next meeting of the General Affembly.
5. The governor fhall, before he enters on the duties of his office, take the fol-
lowing oath or affirmation: " I do folemnly fwear or affirm (as the cafe may be)
that I will faithfully execute the office of governor of the flate of Georgia; and
Will to the beft of my abilities, preferve, protect and defend the faid ftate, and caufe
juflice to be executed in mercy therein, according to the confiitution and laws thereof
6. He fhall be commander in chief of the army and navy of this flate, and of the
militia thereof.
His power
to yrant par-
«lons, &c,
To issue writs
of election, &c.
7.. He fhall have power to grant reprieves for offences againft the flate, 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.
8. He fhall iffue writs of election to fill up all vacancies that happen in the Senate,
or Houfe of Reprefentatives, and fhall have power to convene the General Affembly
on extraordinary occafions; and fhall give them from time to time information of
the ftate of the republic, and recommend to their confideration fuch meafures as he
may deem neceffary and expedient,.
CONSTITUTION. 27
and fill vaccft-
in office.
9. When any office fiia.ll become vacant by death, rcfignation or othcrttife, the *"«
governor f h all have the power to fill fuch vacancy ; and perfons fo appointed, fhali
continue in office until a fucceffor is appointed agreeably to the mode pointed out by
this conftitution, or by the legiflature.
10. He (hall have the revifion of all bills paffed in both houfes, before the fame w^owts
t • />iiir* r* 1 • t n. i * 1 • making Isvo,
mall become laws, but two thirds of both homes may pais a law notwithstanding his
diflent; and if any bill mould not be returned by the governor within five days af-
ter it hath been prefentecl to him, the fame {hall be a law, unlefs the General Alfem-
bly, by their adjournment, fhall prevent its return.
1
may
1. Every vote, refolution, or order, to which the concurrence of both houfes in4 pi8Singl.c,
be neceffary, except on a queftion of adjournment, fhall be prefented to the sohu,otri-
governor; and before it fhall take effect, be approved by him, or being difap-
proved, may be repaifed by two thirds of both houfes, according to the rules and
limitations prefcribed in cafe of a bill.
12. There mall be a fecretary of the flate, a treafurer and a furveyor general, an-
/ * •/ o » 1 Sccvetiry of
pointed in the fame manner, and at the fame feffion of the legiflature, and they state, trea«j-
fhall hold their offices for the like period as the governor, and fnall have a competent or ge««*i.
falary, including fuch emoluments as may be eflablifhedby law, which mall not be
increafed or diminifhed during the period for which they fhall have been elected.
seal o«
13. The great feal of the flate fhall be depofited in the office of fecretary of Rate, Grcat
and fJia.ll not be afixed to any inftrument of writing, but by order of the governor thestitt
or General Affembly; and the General Affembly fiiall, at their firff feffion after the
rifing of this Convention, caufe the great feal to be altered by law. to be altered.
14. The governor fhall have power to appoint his own fecretaries.
Cove'hnortoap-
.point his sccrc
ARTICLE III. twks
1. The judicial powers of this flate fhall be veiled in a fuperior court, and in fuch
inferior jurifdiftions as the legiflature fhall from time to time, ordain and eftablifh. Judicia! p°wcr-
The judges of the fuperior courts fhall be elefted for the term of three years, re-
movable by the governor on the addrefs of two thirds of both houfes for that pur- l"p£r!orofco&rt
pofe, or by impeachment and conviction thereon. The fuperior court fhall have tHreeye£»,
exclufiveand final jurifdiftion in all criminal safes, which mall be tried in the county ab£.rea0\
wherein the crime was committed, and in all cafes refpefting titles to land, which tkm <u*i Pow-
mail be tried in the county where the land lies; and mall have power to correct er-
rors in inferior judicatories by writs of certiorari, as well as errors in the fuperior
courts, and to order new trials on proper and legal grounds : Provided, that fuch
new trials fhall be determined, and fuch errors corrected, in the fuperior court ofProv:so-
the county in which fuch aftion originated. And the faid court fhall alfo have ap-
pellate jurifdiftion in fuch other cafes, as the legiflature may by law direft, which
fhall in no cafe tend to remove the caufe from the county in which the aft ion origina-
ted; -and the judges thereof, in all cafes of application for new trials, or correction
of errors, fhall enter their opinions on the minutes of the. court. The inferior courts
■mall have cognizance of all other civil cafes, which fhall be tried in the county p^rfffrfe*
wherein the defendant relides, except in cafes of joint obligors, rending in different norcouns'
countiesj which may be commenced in either county; and a copy of the petition
2
28
CONSTITUTION.
and procefs, ferved on the party or parties redding out of the county in which the
fuit may be commenced, (hall be deemed fufficient fervice, under fuch rules and regu-
risdietion may lations as the leeiflature may direct: but the lesnilature may, by law, to which two
be given to the & / , o . / > / »
•upenor court,, thirds ot each branch may concur, give concurrent jurildiction to the fuperior courts.
Courts to tit
twice
The fuperior and inferior courts (hall fit in each county twice in every year, at fuch
a year. ftateci i[mcs as tne legiflature fliall appoint.
judges to have
laiaries,
2. The judges fliall have falaries, adequate to their fervices, eftablifhed by law,
which dial! not be increafed or diminiflied during their continuance in office ; but
fhall not receive any other perquifites or emoluments whatever, from parties or others,
on account of any duty required of them.
State's attorney
and solicitors.
To have sala-
ries.
Appointment
•f justices of
the inferior
courts.
May be tom-
yeneated.
3. There fhallbe a ftatc's attorney and folicitors appointed by the legiflature, and
commiffioned by the governor, who fliall hold their offices for the term of three years,
unlets removed by ientence on impeachment, or by the governor, on the addrefs of
two thirds of each branch of the General Affembly. They fhall have falaries ad-
equate to their fervices, eftablifhed by law, which fliall not be increafed or diminiflied
during their continuance in office.
4. J uft ices of the inferior courts fliall be appointed by the General Affembly, and
be commiffioned by the governor, and fliall hold their commiffions during good be-
haviour, or as long as they refpeclively refide in the county for which they fliall be
appointed, unlefs removed by fentence on impeachment, or by the governor, on the
addrefs of two thirds of each branch of the General Affembly. They may be
com pen fated for their fervices, in fuch manner as the legiflature mayjiy law dire£t.
Justices of the
peace.
5. The juftices of the peace fliall be nominated by the inferior courts of the feveral
counties, and commiffioned by the governor, and there fhall be two juftices of the
peace in each captain's diftrici, either or both of whom, fliall have power to try all
•rfceirjurisdie-.. cafes of a civil nature, within their diftrici, where the debt or liquidated demand does
not exceed thirty dollars, in fuch manner as the legiflature may by law direcl. They
fliall hold their appointments during good behaviour, or until they fhall be removed
by convi&ion on endichnent in the fuperior court, for mal-praftice in office, or for
any felonious or infamous crime, or by the governor, on the addrefs of two thirds of
each branch of the legiflature.
Court of ordi-
nary.
Appeal to the
superior court
6. The powers of a court of ordinary or regifler of probates, fliall be vefted in
the inferior courts of each county, from whofe decifion there may be an appeal to the
fuperior court, under fuch reftrictions and regulations as the General Affembly may
by law direcf ; 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
ifTue citations, and grant temporary letters, in time of vacation, to hold until the next
Marriage ucen- meeting of the faid court; and fuch clerk or other perfon may grant marriage
licenfes.
7. The judges of the fuperior courts, or any one of them, fliall have power to iffue
hibiuon, 'l™' writs of mandamus, prohibition, fcire facias, and all other writs which may be necei-
fary for carrying their powers fully into effecl.
uses mana-
ged with or
without caun-
CONSTITUTION. 29
8. Within five years after the adoption of this conltituiion, the body of our laws,
civii and criminal, fhall be revifed, digefted and arranged, under proper heads, and laws'cMUmf
promulgated in fuch manner as the legiflature may direct ; and no perfon fhall be
debarred from advocating or defending his caufe before any court or tribunal, either £3
by himfelf or counfel, or both. ^
g. Divorces fliall not be granted by the legiflature, until the parties fhall have had Divorce*.
a fair trial before the fuperior court, and a verdict fliall have been obtained, authori-
zing a divorce upon legal principles. And in fuch cafes, two thirds of each branch of
the legiflature may pals acts of divorce accordingly.
io. The clerks of the fuperior and inferior courts fliall be appointed in fuch man- cleri:s-
ner as the legiflature may by law direct., fhall be commiflioned by the governor, and
fhall continue in office during good behaviour.
ii. Sheriffs fliall be appointed in fuch manner as the General AfTembly may by sheriffs,
law direct, and fliall 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 jultices of the inferior court and of the peace in the county ; but no
perfon fliall be twice elecled fheriff within any term of four years ; and no county
officer after the next election fhall be chofen at the time of electing a fenator or re-
prefentative.
ARTICLE IV.
1. The electors of members of the General AfTembly, fliall be citizens and in- Qualification «f
habitants of this flate, and fliall have attained the age of twenty-one years, and have eleaars'
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
fliall have refided fix months within the county : Provided, that in cafe of invafion,
and the inhabitants fliall be driven from any county, fo as to prevent an election
therein, fuch refugee inhabitants, being a majority of the voters of luch county, may
meet under the direction of any three jultices of the peace thereof, in the nearelt
county, not in a ftate of alarm, and proceed to an election, without having paid fuch
tax fo required of electors, and the perfons elecled thereat, fliall be entitled to their
feats.
2. All elections, by the General AfTembly, fliall be by joint ballot of both branch- EIea;onsbytiie
es of the legiflature ; and when the Senate and Houfe of Reprefentatives unite for ^nte0rabeAbycm"
the purpofe of electing, they fhall meet in the reprefentative chamber, and the prefj.J011"1*"01-
dent of the Senate fliall in fuch cafes prefide, receive the ballots, and declare the per-
fon or perfons elecled. In all elections by the people, the electors fliall vote viva Bythepeopie
* * * * ' to be viva voce*
voce, until the legiflature fhall otherwife direct..
3. The general officers of the militia fliall be elefted by the General AfTembly, and Miii«a office^
mail be commiflioned by the governor. All other officers of the militia fhall be elecled c^mm*.
in fuch manner as the legiflature may direft, and fliall be commiffioned by the gover-
nor ; and all militia officers now in commiffion, and thoTe which may be hereafter
commiffioned, fliall hold their commiffions during their ufual refidence within the di-
vifion3 brigade, regiment, battalion, or company, to which they belong, unlefs remo-
30 CONSTITUTION.
v.&d by fenicnce of a court martial, or by the governor, oh the addrefs of two third*
of each branch of the General Affembly.
teft^(f*°'rt" 4- All perfons appointed by the legislature to fill vacancies, fhall continue in office
only fo long as to complete the time for which their prcdeceilbrs were appointed.
vacanc cs.
F;i^atltkre 5' Freedom of the prefs and trial by jury, as heretofore ufed in this flats., fliall
Ixfetfeao. rCmahi inviolate; and no zxpojlfaBo law fliall be palled,
qnaMcatibns 6. No perfon, who heretofore hath been, or hereaftei may be a collector, or
holder of public monies, mail be eligible to any office in this ftate, until fuch per-
lon fhail have accounted for, and paid into the treafurV, all fums for which he may
be accountable or liable.
pebtorsinsoi- 7. The perfon of a debtor, where there is not a itrong preemption of fraud,
fhail not be detained in prifoii, after delivering, bonajide, all his eftate real and per-
fonal for the ufe of liis creditors, in fuch manner as mail be hereafter regulated by
law.
Fprmercoiwk:- 8« Convictions on impeachments, which have heretofore taken place, are hereby
reicCentY releafed, and perfons lying under fuch convictions, reftored to citizenfhip.
annulled.
Habeas corpus. g. The Afrit of habeas corpus fnall not be fufpended unlefs when in cafe of re-
bellion, or invafion, the public fafety may require it.
Free exercise 10. No perfon within this ftate, mail upon any pretence, be deprived of the
ineftimablc privilege of worfliipping God, in a manner agreeable to his own con-
fcience, nor be compelled to attend any place of worfhip, contrary to his own faith
and j udgment, nor (hall he ever be obliged to pay tithes, taxes, or any other rate,
for the building or repairing any place of worfhip, or for the maintenance of any
minifter or miniftry, contrary to what he believes to be right, or hath voluntarily
engaged to do. No one religious fociety fliall ever be eftablifhed in this ftate in
preference to another, nor fnall any perfon be denied the enjoyment of any civil
right merely on account of his religious principles.
shve-s not to be 11. There fhall be no future importation of flaves into this ftate from Africa, or
uortobeagan- any foreign place, after the firft day of October next. The lesiflature fliall have
cljHrfeU with- J &rri r ^ • • r n -t i r r 1
..i.t consent of no power to pais Jaws for the emancipation of flaves, without the content of each
of their refpeftive owners previous to fuch emancipation.. They fliall have no
power to prevent emigrants, from either of the United States to this date, from
bringing with them fuch perfons as may be deemed flaves, by the laws of any one
of the United Sates.
Fumjusentfov 1.2. Any perfon who fliall malicioufly difmember, or deprive a flave of life,
Xvc.ernga fliall fulTer fuch punifliment as would be inflicted in cafe the like offence had been
committed on a free white perfon, and on the like proof, except in cafe of infur-
re&ion by fuch flave, and unlefs fuch death fhould happen by accident, in giving
fuch flave moderate correction,
CONSTITUTION. 31
13. The arts and fciences fliall be promoted in one or more feminaries of learn-
ing, and the legiflature, mall, as foone as conveniently may be, give fueh fartfeer arte™nd°sci«v-
donations and privileges, to thofe already eftablifhed, as may be neceffary to fecure
the objects of their institution; and it fhall be the duty of the General AfTembly at
their next feffion, to provide effectual meafures for the improvement and permanent
fecurity of the funds and endowments of fuch inftitutions.
14. All civil officers fhall continue in the exercife of the duties of their feveral of-
fices, during the periods for -which they were appointed, or until they fhall be fuper- continuanceof
ceded, by appointments made in conformity to this conftitution: And all laws now l;^0""1"0
in force, mail continue to operate, i'o far as they are compatible with this conftitution,
until repealed ; and it fliall be the duty of the General Ailembly to pafs all necefi'ary
laws and regulations, for carrying this conftitution into full effect. Th;s constitu-
' tion to be car-
ried into effect
15. No part of this Gonftitution fliall be altered, unlefs a bill for that purpofe, fpe- ture.lc et'sa
cifying the alterations intended to be made, fliall have been read three times in the Howtobeal..
Houfe of Reprefentatives, and three times in the Senate, on three feveral days in each terca-
houfe, and agreed to by two thirds of each houfe reflectively; and when any fuch
bill fliall be paffed in manner aforefaid, the fame fliall be publiihed at leaft fix months
previous to the next en filing annual election for members of the General Affembly;
and if fuch alterations, or any of them fo propofed, fhall be agreed to in their firft
feffion thereafter, by two thirds of each branch of the General Afiemhjly, after the
fame fhall have been read three times, on three feparate days in each refpective houfe,
then, and not otherwife, the fame fhall become a part of this conftitution.
WE, the underwritten delegates of the people of the Mate of Georgia, chofen and
authorized by them to revife, alter or amend the powers and principles of their
government, DO declare, ordain and ratify the feveral articles and fections con-
tained in the fix pages hereunto prefixed, as the conftitution of this ftate; and the
fame fhall be in operation from the date hereof.
3ftt CCgtimOng thereof, WE, and each of us refpettiveiy, have hereunto fet
our hands, at Eouifville, 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 the great feal of the flate to be affixed thereto.
Article 4th, feclion 11th, and firft line^ the following words being interlined, to wit,
" After the firft day of October next."
JARED IRWIN, President, and delegakfram WafJtingion.
Bryan. JOHN MORRISON,
JOSEPH CLAY, JNO. MILTON.
J. B. MAXWELL,
JNO. PRAY. Bullock.
JAMES BIRD,
Burke. ANDREW E. WELLS,
BENJAMIN DAVIS; CHARLES M'CALL, Jun.
CONSTITUTION.
Camden.
JAMES SEAGROVE,
THOMAS STAFFORD.
Chatham,
JAMES JACKSON.
JAMES JONES,
GEORGE JONES.
Columbia.
JAMES SIMMS,
WA. DRANE,
JAMES M'NEAL.
Effingham.
JOHN KING,
JOHN LONDON,
THOMAS POLHILL,
Elbert.
WILLIAM BARNETT.
R. HUNT,
BENJAMIN MOSELY.
Franklin.
A. FRANKLIN,
ROBERT WALTERS,
THOMAS GILBERT.
Glynn.
JOHN BURNETT.
JOHN COUPER,
THOMAS SPALDING.
Greene.
G. W. FOSTER,
JONAS FAUCHE,
JAMES NISBET.
Hancock.
CHARLES ABERCROMBIE.
THOMAS LAMAR,
MAT. RABUN.
Jejferfon.
PETER I. CARNES,
WILLIAM FLEMING,
R. D. GRAY.
jfackfon.
GEORGE WILSON,
JAMES P1TTMAN,
JOSEPH HUMPHRIES.
Liberty.
JAMES COCHRAN,
JAMES POWELL,
JAMES DUNWODY.
Lincoln.
HENRY WARE,
GIBSON WOOLDRIDGE,
JARED GROCE.
M'IntoJh.
JOHN H. M'INTOSH,
JAMES GIGNILLIAT.
Montgomery.
BENJAMIN HARRISON.
JOHN WATTS,
JOHN JONES.
Oglethorpe.
JNO. LUMPKIN,
THOMAS DUKE,
BURWELL POPE.
Richmond.
ROBERT WATKINS,
ABRAHAM JONES.
Striven.
LEWIS LANIER,
JAMES H. RUTHERFORD,
JAMES OLIVER.
WaJJiington.
JOHN WATTS,
GEORGE FRANKLIN.
Warren.
JOHN LAWSON,
ARTHUR FORT,
W. STITH, Jun.
Wilkes.
MAT. FALBERT,
JESSE MERCER,
BENJ. TALIAFERRO.
Attefl, JAMES M, SIMMONS, Secretary.
ACCOUNTS. 33
An actio regulate. the mamvr of keeping public accounts within this Jf ale.
Public srermnt'
i. T> E IT ENACTED, by the Senate and Houfe of Reprefentativcs of the fate p/totekcpt.«
J3 Georgia, in General Affembly met, and by the authority of the fame, That, from
and after the fir ft day of March, one thoufand kven hundred and ninety-fix, all ac-
counts in the public offices, and all the accounts of the tax colleftorsof this (late, {hail be
expreffed in dollars, or units, difmes, or tenths, cents or hundredths, and mills or thou-
fands ; a difme being the tenth part of a dollar, a cent the hundredth part of a dol-
lar, a mill the thoufandth part of a dollar.
2. And be it further enacted, That the verdia of all juries, on all contrafts which '%*£&'&
(hall be made after the firit day qf March next fliall be expreffed conformable to this l^dind,(-
regulation.
THOMAS STEVENS, Speaker of the Houfe of Reprefentatives,
BENJAMIN TALIAFERRO, P reft dent of the Senate.
Concurred, February 22, 1796.
JAR ED IRWIN, Governor.
An act for limitation of actions, and for avoiding of fuits in Uxv,
FOR quieting of mens' eltates, and for avoiding of fuits, Be it enacted, That all Z^&[{T™Z
writs of formedon in defender, formedon in remainder, and formedon in re- ytaTO.!Cven
vertir, of any lands, tenements, or hereditaments, or any other writ, fuit or aftion
whatfoever, at any time hereafter to be fued or brought, by occafion or means of
any title or caufe heretofore accrued, happened or fallen, or which may hereafter
defcend, happen or fall, (hall be fued and taken within kven years next after the pafi-
ing of this ad, or after the title and caufe of acliori fliall or may defcend or accrue
to the fame, and at no time after the faid kven 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, fliall at any time hereafter make any entry,
but within feven years next after the parting of this aft, or after his or their right or
title fliall or may defcent or accrue to the fame; and in default thereof, fuch perfon
fo not entering, and their heirs, fliall be utterly excluded and difabled from fuch en-
try after to be made: Provided neverthelefs, That if any perfon or perfons that is or p™*; »•
fliall be entitled to fuch writ or writs, or that hath or fliall have fuch right or title of
entry, be, or fliall be, at the time of fuch right or title fiiit defcended, acerued, come
or fallen, within the age of one and twenty years, feme- coverts, non compos mentis, im-
priioned, or beyond feas, that then fuch perfon and perfons, and his and their heir
and heirs, fliall and may, notwithftanding the faid feven years are expired, bring his,
her or their aftion, or make his, her or their entry, as he, ihe or they might have
done before this aft, fo as fuch perfon and perfons, or his, her or their heir and heirs,
fliall, within three years next after his, her or their full age, difcoverture coming of
found mind, enlargement out of prifon, or returning from beyond feas, take benefit
of and fue for the fame, and at no time after the faid three years.
2. And for the better and more perfeft: quieting of mens' poifeflions and eftates, Qu>etPoSS«-
and avoiding of fuits, Be it further enatted, That all and every perfon and peifons ?ean™°J^S3tr
whatfoever, now in poffeffion cf any lots, lands, tenements or hereditaments what- tulc*
E -
34 ACTIONS, LIMITATION OF.
foever, within this province, derived from any grant, allotment or other power or
authority whatsoever, by, from or under the late truftces for eftablifhing this colony,
or their prefident and'affiftants, or from any other perfon or perfbns whatfoever
under their authority, or by or from any grant from his late majeiiy (of bleffed
memory), or from his pre fen t majefty, or by or under any laft will and teftament,
purchafe or purchafes, whether by deed of gift, bill of fale or other conveyance
whatfoever, for lawful or valuable confideration, and where the perfon or perfons
now in 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 per-
fon or perfons fo in poffeffion, or the perfon or perfons under whom they claim,
have feverally or fucceffively been quietly poffeffejd 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
pafling of this ait, that then fuch perfon and perfons as fo in poffeffion as aforefaid,
fhall have good right and title to the fame, and flia.ll 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.
under claim- 3. And be it further enabled, by the authority aforefaid, That not only the perfon
ukc manner1." or perfons who are or fhall be hereafter barred, v by not filing or profecuting his or
their claims to any lands, tenements or hereditaments in this province within the time
limited by this act, but alfo all manner of perfons whatfoever, that fliall at anytime
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 anceftor or anceflors, or thofe under
whom thev claim, were or would have hereby been, and that this act, and fuch claufe
or claiifes herein as relate to the matters aforefaid may be given in evidence to any
jury upon 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 mat-
ter in difference.
claims to i?ndS 4. And to prevent any difputes how claims are to be made to lands, and what claims
only- } mail be allowed to be good and effectual in this province, and that the poffeffors of
lands may know how and in what manner other perfons having or laying claim to any
lands or tenements in their poffeffion mufl claim the fame, and alfo that perfons ha-
ving right or title to lands or tenements poffeffed by others may the better know how
to claim or demand their right in fuch cafe, Be it enabled, That all and every perfo*
and perfons whatfoever, making claim to any lands or tenements in this province, in
order to make fuch claim effectual, fhall and are to make the fame by aft ion at law,
duly entered in the general court of pleas in this province, and that the chief juftice
and judges of the faid court do allow of no claim to any lands or tenements, for or
by any perfon or perfons, in any fuit or fuits that may be brought, fued or profecu-
ted in the faid court, other than what is or has been made by action or fuit on record as
aforefaid, any law, cuftom, ufage or practice to the contrary notwithftanding.
j imitation of 5. And be it further enabled, That all actions of trefpafs, quart claufum f regit, all
tions.na actions of trefpafs, detinue, actions of trover, and replevin for taking away goods
and cattle, all aclions 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 fpecial-
within one
ear.
ss dis-
and
ACTIONS, LIMITATION OF. 33
t-y, all a6tions of debt for arrearages of rent) and all aBions of affault, menace, and
battery, wounding and imprifonment, or any of them, which fliall be fued or brought
at any time after the pairing of this aB, in all be commenced and fued within the
time and limitation herein after expreffed, and not afterwards, that is to fay, the faid
aBions upon the cafe (other than for (lander) and the iaid aBions for account, and
the faid actions for trefpafs, debt, detinue, and replevin for goods and cattle, and the
faid aBions of trefpafs, quart claufum f regit, within three years next after the palling
of this aft, or within four years next after the caufe of fuch aBions or fuits and not
after; and the faid aBions of trefpafs, affault, battery, wounding, imprifonment, or
any of them, within one year after pafTing this aB, or within two years next after the
caufe of fuch aBion or fuit, and not after • and the faid aBions upon the cafe for
words, within fix months after, palling of this aB, or within fix months next after the
words fpoken, and not after.
6. And never thelefs be it enabled, That if in any of the faid aBions or fuits, iudg- mease of k-
r cr I'rii ,.?-, versal of judg-
ment fhall be given for the plaintiff, and the fame be reverfed by error, or a verdict ?>ent> &c; Par-
o r " _ .'•'•"-■. ty renew his
pals for the plaintiff, and upon matter alledgcd in arreft of judgment, the judgment *££
be given againft the plaintiff, that he take nothing by his plaint, writ or any the laid ac-
tions fliall be brought by original, and the defendants therein be outlawed, and fliall
after revife the outlawry, that in all fuch cafes the party plaintiff, his heirs, executors,
or adminiftrators, as the cafe fhall require, may commence a new aBion or fuit from
time to time, within a year after fuch judgment revifed, or fuch judgment given againft
the plaintiff, or outlawry reverfed, and not after.
7. And be it further enabled by the authority afore faid, That in all aBions of tref- ciaime?*
pais, quare clavf urn f regit hereafter brought, wherein the defendants fliall difclaim inmendswLena
his or their plea, to make any title or claim to the'land in which the trefpafs is by the bar t0 aaiuns"
declaration fuppofed to be done, and the trefpafs be by negligence, or involuntary,
the defendant or defendants fliall be admitted to plead a difclaimer, and that the tref-
pafs was by negligence or involuntary, and a tender or offer of fufficient amends for
fuch trefpafs before the aBion brought, whereupon, or upon fome of them, the plain-
tiff or plaintiffs fhall be enforced to join iffue, and if the faid iffue be found for the
defendant or defendants, or the plaintiff or plaintiffs fliall be non-fuited, the plaintiff"
or plaintiffs fhall be clearly barred from the faid aBions, and all other fuit concerning
the fame.
8. And be it further enabled, That in all aBions upon the cafe for flanderous words, in dander, da-
J ' Sr ~ mages under
to be fued or profecuted by any perfon or perfons in the general court in this province, n'0"£u*™o!ss
or in any other court having power to hold plea of the fame, after the palling of thisthandairases
aB, if the jury upon the trial of the iffue in fuch aflion, or the jury that fhall enquire,
of the damages, do find or affefs the damage under forty fliillings, then the plaintiff
or plaintiffs in fuch aBion fhall have and recover only fo much colts as the damages fo
given or affeffed amount unto, without any further increafe of the fame, any law,
statute, cuftom, or ufage to the contrary in any wife notwithstanding.
9. Provided neverthelefs, and be it further enabled, That if any perfon or perfons, Exceptions to
that is or fliall be entitled to any fucb aBion of trefpafs, detinue, aBion of trover, m\eSr'al!i"
replevin aBions, aBions of accounts, aBions of debt, aftions of trefpafs for affault,
menace, battery, wounding, or imprifonment, aBions upon the cafe for words, be or
fhall 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, non compos mentis, imprifoned or
beyond feas, that then fuch perfon or. perfons fliall be at liberty to bring the fame
aBions, fo as they take the fame within fuch times as before is limited, after their
l
36 ACTIONS, LIMITATION OF.
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, mould be done.
(imitation for 1 o. And be it further enacted, That in all and every cafe where any penalty, fine,
fiaeSTndVfo7fe°i- or forfeiture, whatfoever, hath been, or fhall hereafter be inflicted or impofed by any
ku^rovif*81" aft or acts of the General Afiembly of this province already pa fled, or hereafter to
be paffed, and the time of fuing or profecuting the offender or offenders, againft fuch
afts not thereby provided, no information, aftion, fuit or profecution, fhall be had,
brought, iffued or commenced againft the offender or offenders, againft any fuch aft
or afts, for, or in refpeft of any fuch penalty, fine, or forfeiture, unlefs the fame be
done within fix months after the palling of this aft, if the offence hath been already
committed, and within the like fpace of time after the offence committed, for the
future; and all and every offender and offenders againft any fuch aft or afts, fhall
not from thenceforth be fubjeft or liable to any penalty, fine or forfeiture which may
hereby be in {lifted or impofed, any law, ufage, or cuftom to the contrary in any
wife notwith (landing.
Nothing in tius 1 1. Provided alfo, and be it further enacted, That nothing in this aft contained fhall
sir wiiiiam Ba- extend, or be conftrued to extend, to take away or prejudice the claim of Sir William
Baker, of the city of London, knight, or his heirs or affigns, in and to a certain barony
or traft of land within the parifli of Chrift Church, in the province aforefaid.
ALEXANDER WYLLY, Speaker.
JAMES HABERSHAM, Prefident.
JAMES WRIGHT.'
March 26, 1767.
An at! for opening the courts of law and jujlicc within this flat e, under certain reflec-
tions therein mentioned.
9. And whereas the courts of juflice in this date have been greatly interrupted irt
their proceedings fince the firft day of July in the year of our Lord one thou fa nd fe-
^'cy'7th5juiy ven hundred and feventy-five, and it may happen that the ftatute of limitation will bar
cnhestnut0eut: the recovery of many juft debts, which could not be fued for fince that time j Be it
therefore enacted, That the fpace of time intervening between the faid firft day of
July, one thoufand feven hundred and feventy-five, and the twelfth day of July laft
pail, fhall not in any cafe or upon any bond, contraft, book debt, or other agreement
be counted ©n or allowed to reckon as a part of the time allowed for the recovery of
debts within the faid ftatute of limitations but in all cafes the time intervening between
the faid two periods fhall be rejected, and taken out of the computation in refpeft to
fuch debts, contrafts, book debts, and other agreements.
Signed by order of the Houfe of Afiembly at Savannah, the fifth day of Auguft,
From tlic ift
of limitation
i;8«,
JAMES HABERSHAM, Speaker.
3 reunbls
An cc~t to extend the limitations of actions, and for other purpofes therein mentioned,
i. "\ \^HEREAS it will be found highly inconvenient from the embarraffing cir-
cumftances under which this country has been lately placed; that the afts
ACTIONS, LIMITATION OF. 37
for the limitation of anions fhould operate fo as to bar any perfon or perfons of
their juft rights and claims: Be it enacted by the reprefentatives of the freemen of the L[mitat;0 of
ftate of Georgia in General Affembly met, and by the authority of the fame, That aafonsexten-
nothing in the faid a£l of limitations contained, (hall in any wife be conftrued to pre-
vent any perfon or perfons from instituting their actions and recovering their juft
rights and claims, who was or were entitled to the fame at or upon the twelfth day From the nth
of July, in the year one thoufand feven hundred and eighty-two, but that all that th/.itV jfnu-
period of time between the twelfth day of July, in the year one thoufand feven out of \ic f-'
hundred and eighty-two, and the firft day of January, one thoufand feven hundred ^™-
and cighty-feven, mall be taken out of the computation of time, fo as not to affect
the righis of aftion of thofe who have been entitled to the fame on the twelfth day
of July, in the year firft aforefaid.
2. And whereas the time limited in an aft entitled, 4; An aft to render eafy the mode J^^^T
of conveying lands, and for making valid all deeds and conveyances heretofore that t£nJeU
may be deficient in point of form," and for other purpofes therein mentioned, has
not allowed fufficient time for fome of the purpofes for which it was intended; Be it
therefore enacted, by the authority aforefaid, That no deed of feoffment, bargain and
fale, leafe and releafe, or other conveyance of lands and tenements bona fide, exe-
cuted as direfted by the faid recited ac~t, fhall in any wife be a fie 61 ed by reafon of the
fame not being regiltered or recorded in the refpeclive offices where the lands lie,
agreeably to the faid aft; but that every perfon or perfons fhall, and he or they hereby
have full liberty and power to regifter or record his or her deed or deeds of convey-
ance of lands and tenements aforefaid, at any time within the term of two years from totwo years
the date hereof; and the faid deeds fo regiltered or recorded as laft aforefaid, are ^ot thuTa.
hereby declared to be good and valid in law and equity, according to the true intent
and meaning thereof, any thing in the before mentioned acl notwithstanding.
By order of the Houfe,
NATHAN BROWNSON, Speaker.
Augufta, February iff, 1788.
An act to amend, explain and continue the " Act for regulating the judiciary department
of this fate."
14. * And be it further enacted by the authority aforefaid, That the " A£r to extend A"0/1?88 ^
... •/ . n, vived ami cou-
the limitation of actions, and for other purpofes therein mentioned," paired at Au-^'^/^
gufta the firil day of February, one thoufand feven hundred and eighty-eight, be ruai7'7'-'3-
and the fame is hereby revived and continued until the firft day of February, one
thoufand feven hundred and ninety-three and no longer.
JOSEPH HABERSHAM, Speaker of the Houfe of Rep <refc ■ntaWvts,
NATHAN BROWNSON, Prefident of the Senke;
EDWARD TELFAIR, Governor.
December 9, 1790.
* All the remainder of this a& repealed by act of 1792.
3^ ALIENS, RIGHTS OF.
An. aft for afcertaining the rights of aliens, and pointing out a mode for the'
admiffion of citizens.
Preamble.
l. T 7S 7HEREAS the many advantages and peculiar bleffings which this ftate enjoys
V V may induce foreigners to apply for a participation thereof: And whereas it is
the intention of the legiflature to confer thofe benefits on all fuch as may apply and
otih*wr]fLht3 demerit the fame: Be it enacted by the reprefentatives of the freemen of the f late of
Cl,red- Georgia, in General Affembly met, and by the authority of the fame, That all free
white perfons, being aliens, or fubjefcts of any foreign ftate or kingdom at peace
with the United States of America, who (hall regifler or enrol their names in the of-
sonLepropeuy." fice °^ $*e clerk of the fupcrior court of the county where fuch aliens purpofe to
refide, may be, and they are hereby veiled with the rights and privileges of acquir-
ing, poffeliing or holding, and felling, devifing or otherwife difpofmg of all kinds of
perfonal property, and renting houfes or lands from year to year, and mall have the
And sue for right of filing for all fuch debts, demands or damages, other than for real eftate, as
since 'izufjuiy may arife or have arifen fince the twelfth day of July, one thoufand feven hundred
and eighty-two, either perfonally, or by attorney or otherwife, and, in cafe of death,
by his, her or their executors or adminiftrators.
dtiLbns"me 2. And be it enabled, by ihe authority af or ef aid, That any alien, or fubjett of any
foreign ftate or power, being defirous of becoming a citizen of this ftate, who hath
redded at leaft twelve months in the fame, and after the expiration thereof doth ob-
tain from the grand jury of the county where he refides a certificate, purporting that
he hath demeaned himfelf as an honeft man, and friend to the government of the ftate
(which certificate fhall be recorded in the fuperior court of the faid county) : the
Ojuhtobeta- i^jj ajjen or perfon fb applying fhall, before the judges of the faid court, take and
fubferibe the following oath: " I, A. B. do folemnly fwear, that I will bear true al-
legiance to the ftate of Georgia, and will fupport the laws and conftitution thereof to
the utmoft of my power. So help me God." Then and in that cafe, fuch perfon
fhall be entitled to all the rights, liberties and immunities of a free citizen,
proviso. 3. Provided always, and be it enabled by the authority aforefaid, That no fuch
perfon fhall be a member of the General Affembly, or of the executive council,
or hold any office of truft or profit, or vote for members of the General Affembly
for the term of feven years, and until the legillature mail, by fpecial a6l for that
purpofe, enable fuch perfons fo to do: And provided alfo, That all fuch aliens or
perfons aforefaid, fhall be fubjecl and liable to pay fuch alien duties as have been
heretofore or may hereafter be impofed by the legiflature.
persons on the 4- And be it further enabled, That no perfon on any act of confifcation and ban-
tionandtanS'-iihment in this or either of the ftates, nor any perfons who have borne arms againft
"atr'themseh-ei this or the United States, that were citizens of this or either of the faid ftates, during
grantedfoaii- the war, fhall avail him or themfelves of any of the rights, privileges or immunities
intended to be given or conferred by this act, except fuch perfons as may have
availed themfelves of coming in during the late war, under certain proclamations
ilfued, and that may have been adopted and fanctioned by the legillature : Provided
likeivife, That this aft fhall in no wife extend, or be conftrued to extend to oblige
fuch perfons who may have applied to become citizens of this ftate, to undergo the
probation herein fet down or contained.
Disabilities of 5. And be it enabled by the authority aforefaid, That if any perfon or perfons under
KdTfordgn" the age of fixteen years fhall, after the paffing of this a£t, be lent abroad without the
limits of the United States, and refide there three years, for the purpofe of receiving
ARTICLES SPECIFIC.
an education under any foreign power, fuch perfon or perfons, after their return to
this fate, mall for three years be confidered and treated as aliens, in fo far as not to
be digib.e to a feat in the legislature or executive authority, or to hold any office
civil or military, m the date for that term, and fo in proportion for any greater hum"
beroi years as he or they fcall be abfent as aforefaid, but mail not be injured or
unqualified m any other refpeft.
Signed by order of the Houfe,
c , „ , JOSEPH HABERSHAM, Speaker.
Savannah, February 7, 1785.
39
-5 the prices of
ate.
An abl to a/certain and ejlablijli a certain and uniform mode ofcalcu^.f- n
fpecifc articles in contracts between individual and indiv^ J -™msJt
WHEREAS k doth frequently happen, that " '^rdinary tranfeaions be^ -
tween individuals of this ftate, contra^- :\e enter^ mt° f°r the PaXment f
fpecific articles, which contraBs may hav* 'i" eit^er ver;balr0fr ^ntten' and ^"l
great difficulty and uncertainty has ~rurure1 in the tnal rof , f "ch cafes ^T" °f
juftice, in af/ertaining the tin/-™ ^f -u PTlSi£ fudl fp?Clfic ¥^^
be calculated; for reniedv 'nereof> and for the eftabhfhment of ome precife mode
of eftimation in futu- ' u , TT r r • . . „ 1 a rr u
Be it enabled b« 'f Senate and Houfe °f ^prefentative^ ™ Genial Affembly met, *******
That on ever- Jond5 note? or otner mftrument in w«iing, or verbal contract for the due,
payment i negroes, produce, flock, goods or other fpecific articles, of any nature
or kin?? ^h^fbever j the price of fuch fpeci-Gc article at the time it became due, upon
£nc\. aond, note, or other inltrument in writing, or verbal contract as aforefaid, and
tctving refpecl to the place, made payable according to contract if any, fhall be the
fole and eftablifhed rule of valuation : and all and every fuch bond, note, or other
inftrument in writing or verbal contract, for fpecific articles as aforefaid, mail bear
intereft at eight per cent, from the time they become due, in like manner as if given andb«rsPer
01 / > o cent, interest*
for the payment of money fimply ; any law to the contrary notwithflanding.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, Prefdent of the Senate.
Affented to December 1, 1800.
JAMES JACKSON, Governor.
An aB to regulate attachments in this fate.
WHEREAS it is juft and proper that provifion mould be made for the recove-
ry of debts, where the fame cannot be done by the ordinary procefs of law,
wherefore,
1. Be it enabled by the Senate and Houfe of Reprefentatives of the fate of Georgia in what cases
in General Affembly met, and it is [hereby enabled by the authority of the fame, That in ^y^gTan-
cafe of non-refidence, or where both debtor and creditor fhall refide without the lim-ted'
its of this ftate, it fhall and may be lawful for fuch creditor by himfelf, his agent or
4^' ATTACHMENTS.
attorney, to attach the property both real and perfonal, which may be found in the
ft ate of fuch debtor, in the fame manner and under the like reftrifriOM, as are or
{hall be ufual in cafe of abfeonding debtors, or where the debtor alone refutes out ol
vrtartrtJ \. ttoid be it further enaHcd, That it {hall and may be lawful for the judges of the
^hom't^Lfuperior, or indices of the inferior court, or any one of them, and alfo for any juihee
"*• of the peace, upon complaint made on oath, that his debtor rehdes out of this. Sate,
or is actually removing without the limits of this ft ate, or any county, or abfeonds
or conceals himfclf, or ftands in defiance of a peace officer, fo that the ordinary pro-
cefs of law cannot be ferved on him, to grant an attachment againft the eiiate ot iucli
;_->r, or fo much thereof, as mall be of fufficient value to Satisfy the p.aintvft s dc-
^Upfts, which attachment (hall be direQed to and ferved by the meriffof the
„„„ ua r~.,.nA ..rKJc rfcwitv. m-anv conflablc : and it fliall
the fame,
e may be
:ch debtor,
and lummon inch perlon or per^Q---:^ ^ ^ next ^ to be he]d for the
na1hCTm);' 2nd '? , , u S"M^t may be returnable, there to anfwer on
Tl M he 1S ind?ked '?' °r \ iu 01 ' -k Party he hath in hand, or had at the
time of le>, fuch attachment, w Inch being retii A ~ ;cxccutcd Lhe court may by or-
der compel luo, vcr{-Qn to appear alKl anfwer as aforcw . ^ d where an lbn in
whofe hands any a*t or effeas may be attached, (hall deny . m^ v*
having m his hands any ,<fcas of fuch debtor, it fhall be lawful ^ he pjajntjtf [Q tr,_
ycrfe fuch denial, and thereupon an iffue fliall be made up, and the fW| be {ricd £
jury — and if found againft fuch s^rnifhee, he, ftie or they fhall be fn.^j. tQ y
the plaintiffs fuch fum as fhall be fo found, and the court fnall order judgm^,. to ^
Persons crant- entered thereof againft fuch garhifhee as mother cafes; Provided that the faidj,^ "
bondandsecu- jufticeof the inferior court, orjuflice of the p<°ace before granting fuch altachnfl.'
fliall take bond and fecurity of the party for whom the fame may be granted, in dou-
ble the fum to be attached, payable to the defendant, for Satisfying and paying all
cofts which may be incurred by the defendant in cafe the plaintiff fuing out fuch at-
tachment fliall discontinue or be caft in his fuit, and alfo all "damages which may be
recovered againft the faid plaintiff for fuing out the fame; which bond fliall be re-
turned to the court to which fuch attachment may be made returnable on or before
the laft day of the term; and the party entitled to fuch coft and damages may bring
fuit and recover thereon ; and every attachment iffued without fuch bond taken, or
where no bond fliall be returned as aforefaid, is hereby declared to be illegal, and
^f™^11,,^ fliall be difmiffed with cofts: Provided always, That every attachment which may be
sufiigeit.°"!s" iffued, as aforefaid, fhall be attefted by the judge of the Superior, or juftice of the
inferior court, orjuflice of the peace, iffuing the fame, and be by the fheriff or per-
to be advert;- fon authorized to ferve the fame publicly advertifed at the court-houfe of the faid
'county at leaft thirty days before the fitting of the court; and if any attachment
fliall be iffued within thirty days of the next court, fuch attachment fliall be made re-
turnable to the court next after the expiration of the faid thirty days, and not otherwife;
and all attachments iffued and returned in any other manner than is herein before di-
rected, fhall be and the fame are declared to be null and void ; and all goods, chatties,
Defendant may lands and tenements fubject to fuch attachments, fliall be repleviable by appearance
and putting in Special bail, or by the defendant's giving bond with good and fufficient
fecurity to the fheriff or other officer Serving the fame, which bond he is hereby
ATTORNIES. 41
empowered to take, compelling the defendants to appear at the court to which at-
tachments mall be returnable, and to abide by and perform the order and judgment
of fuch court: Provided always, That all goods and effects attached and not re p le - Pcri8,, .,;,,,. pr,
vied as aforefaid, where the dame fhall appear to be of a perifhable nature, on motion S.y order of
of the plaintiff or his .attorney, the court, or if not in term time, the judge of theco;
fuperior, or any two or more of the j ultices of the inferior court, may and are hereby
authorized and required to order a fale of fuch perifhable property, and the monies
ariling from fuch (ales {hall be depofited in the clerk's office by the merifF or other
officer felling the lame, to anfwer the demands of the plaintiff, if eftabliflied, and the
balance, if any, after fatisfying fuch demands and coils, {hall, by order of the laid
court, be returned to the defendant or his attorney.
3 And be it further enacted, That if any attachment fhall be returned executed, property, iv*
and the property attached mall not be replevied as aforefaid, the fubfequent pro-soF^1"" "°™
ceedings thereon fhall be the fame as an original procefs againft the body of the
defendant, where there is a default of appearance; and all fuch goods and chattels,
lands and tenements not replevied, fhall, after the plaintiff has eftabliflied his de-
mand, be by order of the court fold and difpofed of for and towards the fatisfac-
tion of the plaintiff's judgment in like manner as if the fame had been taken under
execution ; and where any attachments be returned, ferved in the hands of a third
perfon, it fhall be lawful, upon his appearance and examination in the manner here-
tofore direeled, to enter up judgment as againft the original debtor, and award exe-
cution againft fuch third perfon for the monies due by him to the abfent debtor, and
againil fuch property or effects as may be in his hands or keeping, belonging to fuch
debtor, or fo much thereof as will be of value fufficient to fatisfy the judgment and
cofts thereon.
4. And be it further enacted, That where an abfent debtor, hath property lying in j^ff,^^-
different counties, the fame fhall be liable to attachment, and on original and copies ^rentcou[1*
fhall iffue for each county where the property may be found, the whole to be return-
able to the court from whence the firft original iffued.
5. And be it further enacted, That when the third perfons as garnishees return debts GarniJh •
due to the abfent debtor, the court Shall order the fame fued for, and when recovered
paid into the clerk's -office fubj eel1 to the order of the court.
DAVID MERIWETHER, Speaker of the Hovfe of Reprefcntativcs,
ROBERT WALTON, Prefident of the Senate.
Affentedto, February 1 3, 1799..
JAMES JACKSON, Governor, 1
ATTORNIES,
An act regulating the admiffion of Attomies to the practice of the law in this ft ate, zvho
may have been practitioners or ref dents in other fates, or inhabitants of this fate.
WHEREAS many inconveniences attend the prefent mode of admitting attor- h«m
nies at law, who come'from other dates to the praclice in this Hate, on account
of the previous refrdence of two years being required, before fuch attornies can be
admitted although they may have been regularly admitted in thofe ftates, and are
men of fair character, which praclice may tend to the depreffion of merit:
F
b'.s.
42 BASTARDY.
mli«iVn°ofat- &c u therefore enacted by the Senate and Houfe of Reprefentatives of theflate of
i°t£lesstattf Georgia, in General Affembly met, That, immediately from and after the pairing of
this acl, any attorney, or attornies at law, who are citizens of, and have been re-
gularly admitted to the practice of the fuperior courts of law and equity in any other
ilate in the union, mall on complying with all the other regulations required by the
laws of this ilate for the admiflion of attornies, be admiflible to the practice in all the
Twoyepresi- courts. of law and equity in this ilate', without being required to have refided two
wJwiih!p<n" years within the limits thereof previous to fuch admiflion : and the feveral judges of
the faid fuperior courts are hereby required to admit them accordingly, any law,
Must produce a ufage, praclice or cuitom to the contrary thereof notwithstanding:. Provided always
samSrli neverthelefs, That no attorney or attornies (hall be allowed to praftife in the courts
BMnTduuae- o^ ^^ £ate? as aforefaid, unlefs he or they do actually refide within the limits of the fame.
» Prvoided alfo, That fuch applicants from other Mates, (hall previous to their admiflion in
this ilate, produce to the judge or judges of the fuperior courts of this ftate, a
certificate of his regular admiflion to the fuperior courts in the ilate from which fuch
applicants may come, together with a certificate of his fair moral and profeflional
character, duly ceitified under the feal of the ilate where he fhall have been admitted,
And bt exam- and f]i all alfo undergo a Ariel examination as to his profeflional abilities, before a judge
tag before a or j udges of the fuperior court.
THOMAS NAPIER, Speaker of the Houfe of Reprefentatives*
BENJAMIN TALIAFERRO, Pr c fid ent of the Senate.
Concurred, January 7, 1795.
GEORGE MATHEWS, Governor,
• • • *
BASTARDY.
An all refpecling b of lardy and other immoralities.
white women i. T>E IT ENACTED| by the Senate and Houfe of Reprefentatives of theflate of
ardsffiabie to Jlj Georgia, in General Affembly met, and by the authority of the fame. That anv
become charge- . n ' ■> • • t • i • <i i r 1 • i f
able to the luflice oi the peace in any county within this itate, who oi his own knowledge, or
county, how to J i i i ■' r r i ■ i •
be treated. on information to him on oatn made oi any tree white woman having a bailard child
or being pregnant with one, which it is probable will become chargeable to the-
county, he may thereupon caufe a warrant under his hand and feal directed to the
fherifFor any conllable of laid county where the cafe may aiife, and oblige the offen-
der to be brought before him to give fecurity to the inferior court of the county, in
the fum of one hundred and fifty pounds for the fupport and education of fuch
child or children till the age of fourteen years, or to difcover on oath the father of
ba5«rd°ch"i-!l fuch baftard child, which being done the faid juflice fhall iffue his warrant in like
tean,howtrea' manner to bring before him the perfon fworn to be the father of fuch child or chil-
dren, fo born or to be born, who on refuiing to give fecurity for the maintenance
and education of fuch child or children, until they arrive at the age of fourteen
years and alfo the expence of lying in with fuch child or children, boarding, nurf-
ing and maintenance while the mother of fuch child is confined by reafon therbfV
that then it may and -fhall be lawful for the faid juflice to bind over fuch delinquent
in a fufficient recognizance to be and appear before the next fuperior court which
may be held in faid county; and it fhall be the duty of the attorney or folicitor gene-
ral to prefer a bill of endiclment to be laid before the grand jury, to anfwer to fuch
complaint as may be then and there alledged againlt him touching the premifes.
BITING AND GOUGING. 43
2. And be it further enabled, That in cafe the woman who (hall have been deli- ',^Sf"Jc-
vcred, or is likely to be delivered, when brought before a juftice refufes to difcover ^m/k^th
On oath the father of fuch child or children fo born, or 10 be born, or give fuch fe_thli;i'
curity to appear before the next fuperior court to be held in and for the laid county,
and to give fuch fecurity as may be then and there required of her by the faid court,
for the maintenance and education as aforefaid of the faid child or children, that then
it fhall be lawful for the juftice to commit her in manner and form aforefaid as
pointed out by this a6t; and in cafe of her rcfufing to make known to the faid court
the father of fuch child, or give fecurity as 'aforefaid, that then it may and fhall be
lawful for the faid court to imprifon her not exceeding three months.
q. And whereas it is highly injurious in civilized focfety, that men or women rtinisfement ef
O O / J j * adultery and
mould live in adultery or fornication together: Be it further enadted by -the aiitho- -fornication
rily aforefaid^ That from and after the palling of this aft, that any man or woman
who mall live together in like manner, it fhall be the duty of any of the neighbor-
ing juftices if within their knowledge, or upon information to them on oath that
fuch man and woman do live in adultery or fornication, he fhall thereupon caufe
the faid man and woman to be brought before them, or either of them, whofe duty
it fhall be to bind them over to appear at the next fuperior court, and the attorney
or folicitor general (hail then and there prefer a bill of endiftment againft both the
man and woman, and on conviction thereof they fhall pay for the firft offence, a
fum not exceeding twenty pounds, and for the fecond offence, a fum not exceeding
fifty pounds, and for the third offence, a fum not exceeding one hundred and fifty
pounds, and they ftand committed to jail until all and every of the feveral fums ira-
pofed as aforefaid fhall be paid, or continue therein not exceeding twelve months.
WILLIAM GIBBONS, Speaker of the Houfe of Reprefentativei
BENJAMIN TALIAFERRO, Prefdent of the Senate,.
Concurred December 16, 1793.
GEORGE MATHEWS, Governor,
BITING AND GOUGING.
An abl to prevent biting, gouging, maiming or otherwife defraying or injuring any of
the members of the body.
WHEREAS nothing more forcibly marks the barbarity and ignorance of a *«****&
country than the lavage cuftom of biting and gouging, and which is moreover
too frequently attended with the lofs or disfiguration of fome of the members of the
body : For prevention whereof,
Be it enabled by the reprefentatives of the freemen of the fate of Georgia, in General Enafled-
Affembly met, and by the authority of the fame, That if any perfon or perfons, after Any Pe«o»
the palling of this act, fhall wilfully or malicioufly cut out or difable the tongue, put thirty fwi£,
out an eye, flit the nofe, bite or cut off the ear, nofe or lip, or cut off or difable OVorfeitone
,.,' , r r r . .....nl. _,. ■. hundred pounds
any limber member or any perfon or perfons within this flate, in io doing to maim for the Km of-
or disfigure in any of the manners before mentioned, that then, and in every fucj?^5™tm
cafe, the perfon or perfons fo offending, their counfellors, aiders or abettors, know- "
ing of and privy to the offence as .aforefaid, fhall, for the firfl offence, forfeit the
fum of one hundred pounds, and {land in the pillory not exceeding two hours; one
half of which fine to go to the party injured, the other half to the flate; and the
offender to ftand committed until the fine is paid, And if fuch offender .mould ^gldh^
l
i4 BRIDGES, TOLL.
prove unable to pay faid fine, to receive one hundred lafhes on his bare back,
^dthe^ccondand fet at liberty; and for the fecond offence, are hereby declared to be felons, and
>^out te'aestfh ay] fuffer death, without benefit of clergy: Provided. That the faid attaint fhali
not extend to corrupt the blood, forfeiture of the wife's dower or the offender's lands,
goods and chattels.
WILLIAM GIBBONS, Speaker,
Augufia, February 10, 1787.
BRIDGES, ACTS TO SECURE TO CERTAIN PERSONS.
An ordinance fecuring, upon certain conditions, to Wade Hampton, Efq. his heirs or
affigns, the exclufve right to creel a bridge over the river Savannah, at Augufia,
and for other pur p of es therein mentioned.
( lit, 2d, 3d and 4th feet ions of this aft arc repealed by an aft.)
Vfide Hampton
Gunnempow. r And xvhereas the fituation of the ferry at Great Ogechee, in the county of Chat-
t red to erect a O ... ■ >'-' • ,- • -
ckc«o|ccSe" "ams demands that encouragement be hkewiie given to iome perlons to erect a bridge
thereat: Be it ordained, by the authority aforefaid, That the faid Wade Hampton, toge-
ther with James Gunn, Efq. their heirs and affigns, mail be bound to ereQ: a bridge in
a complete and fubftantial manner, and of at leaft fixteen feet in width, at or near the
prefent ferry on the faid river, capable of fuflaining and paffing all carriages in com-
mon ufe : Provided, That the faid bridge be completed on or before the laft day of De-
cember, in the year of our Lord one thoufand feven hundred and ninety-two*, and
rebuild when neceffary, and keep the faid bridge in good and , fufficient repairt, to
hold the fame, and all emoluments arifmg therefrom to them, their heirs and affigns,
for ever, as tenants in common.
nneAaeof 6. And be it further enacted, That the faid Wade Hampton and James Gunn fhali
fjSeoASrl alfo have to them, their heirs and affigns, for ever, as tenants in common, upon con-
^veste in cjitions that the faid bridge be kept in repair as aforefaid, all the public land on the
fouth fide of the faid ferry not exceeding one acre, and alfo one acre of the high land
on the north fide, not to include the building called the ferry-houfe; and that the faid
lots of land fhali be allotted and marked off", as herein directed, by the furveyor of
Chatham county, when required by the faid Wade Hampton and James Gunn, or
either of them, their, or either of their heirs, executors, adminiftrators or affigns. .
Rates of ton. ^ jnc[ fre it further ordained, That the faid Wade Hampton and James Gunn*
their heirs, executors, adminiftrators or affigns, be entitled to receive and may legally
demand, during the continuation of the faid bridge, a toll equal to that herein before
granted to the faid Wade Hampton as toll over the river Savannah, and eftablifhed
by this ordinance, and fhali and may at all fuch times as the faid bridge may be impaf-
fable, from accident or decay, have the free and quiet enjoyment of the ferry, on
the fame conditions as that of the bridge.
UMdi&t* ^' /*n^ ^e itftwthtr ordained, That it fhali not be lawful for any perfon or perfons,
at any time or times, to build any bridge or keep any ferry on the faid river Ogechee,
* Time of building extended to i ft December, 1794, by tbe aft of 17th December, 1792.
•f The inferior ccurt empowered to repair the bridge, and fue for the fum expended. See aft of 1798,
arid by aft of 15th Feb ruary 1799, to iffue executions againft the proprietors, for all fuch repairs. See
feft. *, 2. page 82, 3, 4.
the
BRIDGES, TOLL.
within three miles either above or below the faid bridge, which is hereby exehifivdy
inverted in the faid Wade. Hampton and James Gunn, their heirs and affigns :
Provided, That fuch bridge fhall not be To conitrufted as to impede the navigation of Sa,dbr;d
laid river, bat that it fhall be a draw-bridge, fo as to admit vellels that are ufually barton
employed in the faid river to pafs and repafs the fame.
9. And be it further ordained, That the perfon now holding the leafe of faid ferry, Pre8ent,esse
fhall enjoy the fame until the expiration thereof, any thing in this ordinance to the £«j°y "is
contrary notwithstanding.
10. And be it alfo ordained, That this ordinance mall be deemed, adjudged, and Public 0.du
taken to be a public ordinance, and fhall be judicially taken notice of as fuch, by allna
judges, juftices and other perfons whatfoever, without fpecially pleading the fame. .
JOSEPH HABERSHAM, Speaker of the Houje of Rcprefentatives.
NATHAN BROWN SON, Prefident of the Senate.
EDWARD TELFAIR, Governor.
December 6, 1790.
An act authorizing certain perfons herein mentioned, to creel toll bridges over Little
River, and other zualer courfes luithin this fate.
WHEREAS it hath been reprefented that a permanent eftablifhment of bridges p^ambie.
over the following water courfes, to wit, Little River, Little Ogechee, Buck-
head, Briar Creek, and the Beaver Dam Creek, is abfolntely neceffary : Be it therefore Rigi.t„fatoii
enacted by the Senate and Houft of Reprefeniatives of the /late of Georgia in General tklftverfve.^-
Affembly met, That Nathaniel Durkee, be and he is authorized to erect a bridge uurkee""1'*""
acrofs Little River, at Ray's mill, and to keep the fame in repair ten years. And for
the better feGuring to the faid Nathaniel Durkee the exclulive privilege of ere£ting
and keeping in repair the faid bridge for the before mentioned term of ten years.
2. Be io further enabled, That the faid Nathaniel Durkee be, and he is hereby au- Ratesofton,
thorized to receive toll at the following rates, to wit, for a loaded waggon and team,
thirty-feven and an half cents- for an empty waggon, twenty-five cents; for a rolled
hogfhead of tobacco, eighteen and three quarter cents; and for carriages, man and
horfe, and fingle paffengers, at and alter the fame rate and proportion.
3. And be it firther enacted, by the authority aftyefaid, That the feveral perfons herein ^aingtt>?f
after named be, and they are hereby authorized to build bridges over the following by*fveralei>er-d
water courfes, and to keep the fame in repair, for and during the term of ten years, iCn*'
to wit, Ralph Hicks, acrofs the Beaver Dam Creek, leading from Savannah to Au-
gufta. — The remainder of this feclion is repealed by a£t of 13th February, 1797 —
vide next page.
4. For the better fecuring to the faid Ralph Hicks, William Pope, Robert Do- Ratetofu a,
naldfon, Henry Joyce and James Rawles, the exclufive privilege of erecting and
keeping in repair the faid bridges, for the aforefaid term of ten years, Be it further
enacted, That they the faid Ralph Hicks, William Pope, Robert Donaldfon, Henry
Joyce and James Rawles be, and they are hereby authorized to receive toll at the
following rates, to wit, for a man and horfe, fix and an half cents; for a cart and
team, twelve and an half cents; for a waggon and team, twenty-five cents; for
4<3 BRIDGES, TOLL.
a phaeton, or coach and team, twenty -five cents; for each hog and fneep, one cent;
and for black cattle each two cents.*
THOMAS STEPHENS, Speaker of the Houfc of Rerprefentatives.
BENJAMIN TALIAFERRO, Prfident of the Senate.
Concurred February 27, 1796.
JARED IRWIN, Governor.
* So much of this fe£lion as relates to William Pope, Robert Donaldfon, Henry Joyce and James
Rawles, together with the remainder of the aft is repealed — fee the next aft, 13th February, J 797.
An act for repeating an ail, entitled, ;t An act authorizing certain perfons herein men'
Honed to erect toll bridges over Little River and other water-courses within this fate.
preamble. *c tt 7HEREAS, it is found from experience that toll bridges are prejudicial, and
The »a for V V not of that benefit to the inhabitants contemplated by the faid act, Be itthere-
u'mtoifbriVyo?"e enacted, by the Senate and Houfc of Reprefcntativcs of the fate of Georgia in
cxceePteBeaver General Affembly met, That, the above recited a£t be and the fame is hereby repealed :
Uam and Little r r i ii-i n ^ •<-<■ i
River. except 10 tar as relates to the bridge over Beaver Dam in benven county, on the
Savannah and Auguftaroad, and Little River.
compensation 2. And be it further enacted, That the juftices of the superior court in each coun-
ts proprietors, ty where toll bridges have been erefted in conformity to the aforefaid aft, be em-
powered to agree with the perfon or perfons who have fo erefted a toll bridge or
bridges agreeably to the terms of the aft aforefaid, for a reafonable and adequate com-
penfation for the expence and labor attending the building thereof, and to levy a tax
on the county to difcharge the fame, which fhallnot exceed one tenth of the general
tax, unlefs the people at large in fuch county mall prefer doing it by fubfeription ;
in which cafe no tax ffiall be levied by the inferior court; Provided, fuch fubferip-
tion mall be filled and paid into the hands of the inferior court, within fix months
from the palling of this aft.
DAVID MERIWETHER, Speaker of the Houfe of ReprcfentativeK
DAVID EMANUEL, Prefident of the Senate.
Concurred, February 13th 1797.
JARED IRWIN, Governor.
An act to fecure to Stephen Powell, for the term of ten years, the fole and exclufive right
of building a bridge over the river Ogechee near the town of Louifville.
Ereaioaofa *« T£ ^ ^ ENACTED by. the Senate and Houfe of Reprefcntativcs in General
uglchelA^" JDfr Affembly met, and by the authority of the fame, That the faid Stephen Powell,
p?JSi!^phea his heirs and affigns, (hall have the fole and exclufive right of erefting a good, com-
plete and fubftantial bridge capable of fuftaining all carriages in common ufe, on or
before the firft day of Auguft, in the year of our Lord one thoufand feven hundred
and ninety-fix, and rebuild when neceffary, or keep the faid bridge in good and fuf-
ficient repair. Provided, That, the faid bridge fliall not be fo conflrufted as to im-
pede the navigation of the faid river.
BRIDGES, TOLL. 47
2. And be it further enacted by the authority afore/aid, That in cafe the bridge fhallCe",d,UoM'
not be erecfed within the time herein before mentioned, or being fo erecled and com-
pleted, mall not be kept up in good repair (allowing a realbnablc time, not exceeding
three months at any one time, for repairing and rebuilding) the privilege of right of
the faid Stephen Powell, his heirs and affigns, on failure of either the foregoing
provifoes and conditions, mail ceafe and be wholly void.
3. And zuhereas, for promoting and encouraging fo laudable an undertaking, it ^soften.
is neceffary to afford every fecurity in the power of the legiflature to grant. Be it
further enacted, That the faid Stephen Powell, his heirs and affigns fhall, and may le-
gally demand and receive, during the faid term of ten years, a toll in the following
manner, that is to fay ; for every loaded waggon and other four wheeled carriage
fifty cents; for every empty waggon twenty-five cents ; for every loaded cart or other
two wheeled carriage twenty-five cents ; for every empty cart or dray twelve and an
half cents ; for every man fix and one fourth cents; for every foot paffenger three
cents; for every rolling hogfhead drawn with two nodes twenty-five cents • for every
rolling hogfhead drawn with one horfe, eighteen and three fourth cents; for all
black cattle per head, one cent; for hogs fheep and goats, one cent, and no more.
THOMAS STEVENS, Speaker of the Houfe of Reprefentatives.
BENJAMIN TALIAFERRO, Prefident of the Senate.
Concurred February 18, 1796.
TARED IRWIN, Governor.
An act to fecure unto Jofeph Bryan, the excluf.ve right aud privilege of erecting a
bridge acrofs Great Ogechee River ; within certain limits.
1. "O E IT ENACTED by the Senate and Houfe of Reprefentatives of the fate Erea{onofa
JD of Georgia in General Affembly met, and by the authority of the fame, That ^chetfvcl"
the exclufive right and privilege of building and ere&ing a bridge acrofs the river Bryln.Joseph
Great Ogechee on his premifes in the county of Effingham, where there is now a
ferry known by the name of Bryan's Cowpen Ferry, be and the fame is hereby con-
firmed unto him the faid ]ofeph Bryan, his heirs, executors, adminiftrators and affigns
for ever. Provided, that the laid Jofeph Bryan, or his affigns, fhall within five years Cemat:ous'
erect a good and fufficient bridge for the paffage of travellers with waggons and car-
riages ; and that if at any time after building the faid bridge, the owner thereof fhall
fuffer the fame to be out of repair for the fpace of three years, or fhall impede the
navigation of the faid river, then the benefits intended by this act fhall be forfeited,
and until the faid bridge is erected, a ferry fhall be kept at the place aforefaid.
2. And be it further enabled, That it fhall not be lawful for any perfon or perfons ^be1 erected?*
whatever to ere6t a bridge on the faid river within three miles up or down the faid
river from the place herein before mentioned, any thing in any law to the contrary
notwithstanding.
3. And be it further enacted, That the faid Jofeph Bryan, his heirs, executors, RatesoftoJi.
adminiftrators and affigns fhall and may receive and take the feveral firms fcerein af-
ter fpecified as toll or ferriage at the place aforefaid, That is. to fay, for every foot
paffenger fix and a quarter cents, for each man and horfe twelve and-an half cents, for
each fingle horfe led or drove, fix and a quarter cents, for each chair 01; fulky twen-
ty-five cents, for each phaeton or clofe carriage fifty cents, for each waggon, team
4% BRIDGES, .TOLL.
and driver fifty cents, for each cart, team and driver, twenty-five cents, for a rolling
hogfheadj including horfe and driver twenty -five cents, for each head of cattle two
cents, for each head of hogs, fheep, goats, &c. one cent.
DAVID MERIWETHER, Speaker of tht Houfe of Reprefintatives.
ROBERT WALTON, Prefident of the Senate.
Aftented to February 16, 1799.
JAMES JACKSON, Governor.
An act, fecuring to John King his heirs and offigns the exc'lufive right of 'erecting a
toll bridge acrofs Ebenezer creek.
HEREAS the fit uat km of the prefent bridge over Ebenezer creek, a little
above the town of Ebenezer, in the county of Effingham, is fo much de-
cayed that it is dangerous for waggons and other carriages to pais, and the road or
caufeway through the fwainp of faid creek requires confiderabie repairs; and as
it is found by experience that the few inhabitants who are required to work on the
part of the road in which faid bridge and caufeway is in, are incompetent to keep
the fame in repair:
brfdt:e°ov°era 1. Be it therefore enacted by the Senate and Houfe of Reprefentatives of the ft ate of
cree"v«tcdin Georgia, in General Affcmbly met, That John King, his heirs or afligns, mail be bound
in «rtk".i'co!> to ereft. a bridge in a complete and fubflantial manner, at leaft twentv feet in width,
with railing on each fide, at or near the place where the prefent bridge now flands^ ca-
pable of fuftaining or palling all carriages of* common ufe; which bridge fhall be fo
conftruclcd as not to impede Of otberwife to obitrucl the navigation of faid creek :
Provided, the fame is built on or before the firfl day of July next, and rebuilt, when
neceffary, and keep the fame, and the caufeway through the faid fwamp, in good
repair.
TumpHance110' 2. A nd be it further enacted, That whenever the faid bridge or caufeway mall be in
tiohs.00 ' fuch Condition as to expofe pafFengers or their property to injury or damage, or to
obftruct the navigation of faid creek, the juftices of the inferior court of trie
county of Effingham, or any three of them fftall give notice thereof, and the re-
pairs which may be neceffary, to the proprietor or proprietors of the faid bridge,
and if in the courfe of thirty days after fuch notice the faid repairs are not made,
then it mail and may be lawful for the faid juftrces of the inferior court, or a majority
of them to caufe fuch repairs to be made, and to furaifh an account thereof to the
laid proprietor or proprietors, their agent, executor or adminiftrator, requiring him,
her or them to pay the amount thereof, and if failure fhall be made in the payment
of fuch amount for the fpace of ten days after fuch notice, the faid juftices of trie
inferior court or a majority of them, fhall and may iffue their execution, directed
to the fheriff or conflable, and which fhall be levied on the eflate either real or per-
fonal of the faid proprietor or proprietors, for the amount of fuch repairs,
lutnoftoii. g. And be it further enaBed, 'by the authority of or ef aid, That the faid John King,
his heirs or afligns, mall hold the faid bridge, and all the profits ari'fing therefrom,
for thirty years, and be entitled to receive, and may lawfully demand, as foon as faid
bridge is built as aforefaid, the following toll; for every waggon drawn by four hor-
fes fifty cents, for all other four wheel carriages fifty cents, for all two wheel carriages
twenty-five cents, for a rolling hogfhead, twenty -five cents, for man and horfe twelve
, CANALS. 49
and an half cents, for a il black cattle per head, three cents, for all hogs, iheen and
goats, one cent, for every (ingle horfe fix and a quarter cents.
4. And be it further enacted, That no public bridge or ferry fhall be permitted to be KootherbrldEB
eftablilhed within five miles of faid bridge during the right of laid King, his heirs or °rr/&ri.tobc
aflig'ns, to the privileges hereby veiled in and confirmed to him.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentalives,
DAVID EMANUEL, President of the .Senate.
Aflentedto, December 5th 1799.
JAMES JACKSON, Governor.
CANALS.
An act to render more fafe and -expeditious the navigation from the river Aiatamaha td
the town of Brunfivick, and for other purpofes therein mentioned.
WHEREAS, the tranfportation of produce by water from the river Aiatamaha tru^n.
•to the town of Brunfwick cannot at prefent be effected, but at conliderable
rifque, and by a circuitous route. And whereas the danger and diflance may be great-
ly leffened by cutting a canal from faid river to Alligator Creek. And whereas the
commiffioners of the academy of the county of Bryan are feized and pofiefFed of a
tract of land between the faid river and creek, through which the canal can be mofl
advantageoufly made.
1. Be it enacted, by the 'Senate and Hovfe of Reprejentativcs of the flate of Geof- commissi***
gia, in General AJfembly met, That the faid commiffioners and their fucceffors be, of l4-ln%^-v
and they are hereby empowered, to cut a canal through the traft aforefaid, to form a°canaifro°mcut
a communication between the faid river and creek, which} canal mud be of the width to Abator
6f twenty-five feet, and of the depth of feven feci.
2. And be it further enacted, That, as a compenfation to the faid commiffioners Ratcsoft0lu
for cutting fuch canal and keeping it in proper condition, they fhall be allowed a toll
of one dollar for all boats of fifty bufhels burthen; the fum of two dollars for all
boats or veffels not more than twenty andlefs than fifteen tons burthen; and the fum
of fifty cents for all other boats or veffels which fhall navigate the faid canal, or any
part thereof; the faid fums to be paid to the faid commiffioners, their fuccefibrs in
office, or affigns, for the ufe of the academy aforefaid.
3. And whereas the commiffioners aforefaid have purchafed confifcated property
for the ufe of the faid academy to the amount only of feven hundred and twenty
pounds and feventeen fliillings, and are by law entitled to purchafe to the amount of
two hundred and feventy-nine pounds three fliillings more: And whereas there (till is,
in the county aforefaid, lands which have never been fold for the benefit of the faid
ftate :
Be it enabled, That the faid commiffioners be, and they are hereby empowered* to saidcommis-
expofe to fale any tract or tracts of the faid land, to procure the faid fum of two *«i to en co^
"hundred and feventy-nine pounds three fliillings : Provided, That three months notice &<=•
of fuch fale be given in one of the Augufla and in one of the Savannah gazettes,
and by advertifement at two of the mod public places in the faid county : And provi-
G
50 CANALS.
ded alfo, That, if the fale of the faid trad or tracts fhall exceed the fum laft afore-
mentioned, that then the furplus mall be paid by the faid commiffioners into the trea-
fury.*
DAVID MERIWETHER, Speaker of the Houfe of Reprefentative.s^
DAVID EMANUEL, President of the Senate.
A flcnted to February 3d, 1798.
JAMES JACKSON, Governor.
* The remainder of this aft relating to the bridge over Great Ogechee, between the Counties of Bryan
and Chatham, repealed by aft of 1799. Seft. J> 2> of the following aft.
An att to alter and amend an aft, entitled, " An aft, to render more fafe and expedi-
tious the navigation from the river Alatamaha to the town of Brunjwick, and for
other purpofes therein mentioned."
Preamble,
WHEREAS the above recited act hath been found by experience to be infuffi-
cient and of no effect, inafmuch as it requires the commiffioners of the roads
of the county of Bryan to keep in repair the bridge which is laid over the river Oge-
chee, between the counties of Bryan and Chatham, in cafe the owners of the faid
bridge fhall refuie or neglect to repair the fame when neceffary, but hath notempow-
ered the faid commiffioners to iffue executions to fatisfy the fum or fums neceffary
for the purpofe aforefaid.
c*Mm»is»toneM 1. Be it therefore enabled by the Senate and Houfe of Reprefentativcs of the fate of
Kiverouccaiat Georgia, in General Affembly met, and by the authority of the fame it is hereby enacted ;
e«R»ary. ' That whenever the faid bridge fhall be in fuch a condition as to expofe paffengers, or
others, or their property to injury or damage, or to obftruct or caufe delay to vef-
fels paffingup or down the faid river, the commiffioners of the roads of the county
of Bryan, or either of them fhall give notice thereof, and of the repairs which may
be neceffary to one of the owners of the faid bridge, or his or their executor or
adminiftrator, or one of them, or the agent or attorney of the owners thereof: and
jr repairs ?re if in the courfe of thirty days after fuch notice the repairs are not done, that
twrtyday*. then it (hall and may be lawful for the faid commiffioners, or a majority of them,
'hem made?1 c and they are hereby empowered and required to have made fuch repairs, and to fur-
nifh an account thereof to the owner of faid bridge or perfon receiving the toll
thereof, requiring him, her or them to pay the amount thereof, and if failure mould
wi may issue be made in payment, for the fpace of thirty days, it fhall be the duty of the faid
in execution • *<** * • p i • rr* ■ fir*
*g*mSt the ow-commiiiioners, or a majority ot them to lllue execution tor the lame, or a warrant
aridgeforthe of diftrefs, and order fale of the goods and chattels, lands and tenements of the
amount. 7 .'■:■■• %3 ».-.-■»•■- r<. U
owner or owners of faid bridge, which execution fhall be figned by a majority
of the faid commiffioners, and directed to the fheriff of the faid counties of Bryan
or Chatham, or any conftable of the counties aforefaid, whofe duty it fhall be to
execute the fame, notice thereof being firlt given as required by law in fheriff's fates
for like property, and return the amount of fales to the commiffioners to be applied
firft to difcharging the fums due for repairing the bridge aforefaid, and the balance
if any to be paid over to the owner of the aforefaid bridge.
CANALS. 5*
'i. And be it further enabled, That the faid commiffioners {hall annually make re. |fu"uyT|r
tarn to the juftices of the inferior court of Bryan county on their proceedings rela-**"
live to the faid bridge.
DAVID MERIWETHER, Speaker of the Houfe of RepreferJatives.
ROBERT WALTON, Prefdent of the Senate.
AMented to February 15, 1799.
JAMES JACKSON, Governor.
• • « « *
An act to authorize certain commiffioners therein named to efablifh a lottery, for the
purpofe of raifing the fum of thirty five thou f and five hundred dollars, to be appro-
priated to the cutting a canal from the river Alatamaha to Turtle River.
J'HEREAS it appears eflential to the intereft and convenience of the citizens Pn»»Me.
of this ftate, reliding on and near the waters of the rivers Alatamaha and C'™]^^
Turtle River, that a communication from the faid Alatamaha to Turtle River mould Tl,nlc River-
be opened, by means of which the produce of thofe parts may be conveyed with
more eafe and fafety to market:
1. Be it enabled, by the Senate and Houfe of Reprefentatives, in General AJfembly %£$$£££*
met, and by the authority of the fame, That it mail and may be lawful for the com-^\™^,.{
miffioners hereafter named, to eftablifh a lottery within two years from and after the ijj^dd^ua
pairing of this acl, to raife the fum of thirty-five thoufand five hundred dollars, un-^,15
der fuch fchemes and regulations as they, or a majority of them, may deem necefTary
and proper for cutting and keeping open the canal aforelaid.
2. And be it further enacted, by the authority aforefaid, That Henry D. Stone, CMIWliMfS,er£
Leaton Wilfon, John Burnett, Dr. L. E. W. Shicut, Samuel Wright and John appoiatc4
Couper be, and they are hereby appointed, commiffioners to carry the aforefaid lot-
tery into full effe£t.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, Prefdent of the Senate,
Affented to December 6th, 1799.
JAMES JACKSON, Governor.
An actio open a communication acrofs the marfh from Hampton River to Racoon Point.
WHEREAS the opening a communication from Hampton River to Racoon j*,.^^
Point near the illand of Great Saint Simon, by cutting a canal acrofs aC3nah
marfh which feparates the fame, will be of great public utility by facilitating the na-
vigation from the faid ifland and the ports adjacent to the city of Savannah:
1. Be it therefore enabled by the Senate and Houfe of Reprefentatives of the Jlate of&0-inmtnt
Georgia, in General Affcmbly met, and by the authority of the fame, That John Couper, £««««»»*«r
John M'lntofh and William M'lntofh, Efqrs. be and they are hereby appointed
commiffioners to fuperintend the opening and keeping in repair the faid canal, and
to carry into full qffccl tht intentions of this aft.
l
52 CATTLE STEALING.
fnfsia^tw 2. And be it further cnafted,. That all free perfons' and flaves living and being
^nraiT"said north of a line to be drawn from a place called the Village, to Pike's Bluff, both in-
clufive, who are fubjecl to work on the roads in the faid.ifland, fhall be and they are
hereby made fubjeci and liable to work on the faid canal until the fame be completed,
Mx\™VWonne and to keep it thereafter in good repair: Provided, That all perfons and flaves fub-
ajiysatone jeel to work on the fame mail not be compelled to work more than three days at any
one time, or more than fix days in any one year.
tompeiVinK5 3- -Aha1 ^e it further enabled, That the faid commiflioners fiiall give at lead ten' days
SS*aI*f.or notice to all perfons who refide, and to all overfeers or managers of the eftates of non-
refidents, owning flaves within the aforefaid limits, of the time and place of their at-
tendance, for the purpofe of carrying the intent of this a61 into effect: And if any
perfon fubjeci: as aforefaid fhall fail to attend agreeably to fuch notice, together with
all flaves owned by them or under their care and management, they fliali be fubjeci
nnes for refu- to the following fines, that is to fay, for the non-attendance of every free perlbn,
oc'said canai. the fum of one dollar per day, and for the non-attendance of every flave the fum of
feventy-five cents per day; to be levied of the goods and chattels of fuch defaulters
by warrant of diflrefs and fale, under the hands and feals of the faid commiflioners,
or any two of them, directed to any conftable of the county of Glynn, uniefs the
»STonoatk. Party making fuch default fhall, within ten days thereafter., make fuch excufe on oath
as fhall be deemed fatisfaflory by the faid commiffioners: And provided alfo, That
the faid commiffioners fhall not iffue fuch warrant of diflrefs, without fatisfaclory
proof being fir ft made, that the notice required by this acl was duly ferved.
DAVID MERIWETHER, Speaker of the Houje of Reprefentatives,
DAVID EMANUEL, Prefdent of the Senate. <
Affented to February 3d, 1798.
JAMES JACKSON, Governor.
CATTLE.
An act to prevent the ftealing of horfes * and neat cattle, and unlawfully branding,
marking, killing, or driving the fame.
Fwishment f«r i . T)E IT ENACTED, That immediately from and after the paffing of this
^ni'ef&c"""' JL3 a£i, every perfon or perfons, taking or ftealing any thorfe, mare, gelding, colt,
filly, or neat cattle, and all acceflaries as well before as after fuch offence commit-
ted, and who fhall be legally and duly convicled thereof, fhall for the firft offence be
let in the pillory, a fpace not exceeding four hours, nor lefs than two hours in fome
public place, by the provoft-marfhal or his minifters, and fuffer fuch 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
lhall 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.
saie« c/ tomes, 2. And be it further enabled, That immediately from and after the paffing of this
vm'.chVbefore aft, upon the fale or exchange of any horfe, mare, gelding, colt, filly, or neat cattle,
toil roasters, ' r ° J J J o o> ' J '
* This part repealed by aft of 1 791 which gave place to that of 1793.
t As far as this aft refpeits horfe ftealing, is repealed by act cf J'791-
CATTLE STEALING. 53
the perfon or perfons, fo felling, or exchanging the fame, if required by the pur-
chafer, fhaii be avouched and tolled, and a certificate thereof obtained from the toll
mailer, except however, public fales of horfes or neat cattle, by executors, or ad-
miniftrators, belonging to the ellates of peribns deceafed, for which, he, me, or they
may aft. in fuch capacity, and except alfo fales made by the provoft-marfhal or his
deputies, conitables, or other perfons empowered by any aft of the General Affem-
bly of this province, to make diflrefs, and levy execution.
3. And be it further enacted, That the juitices affigned to keep the peace, in the j,tstic« of the
feveral parifhes in this province mall be and they are hereby appointed toll mailers, niters. see
1 . .' ' ^ri. . acl of 1 791 con-
in their refpeftive parifhes and they are hereby declared to have full authority to cemmgestraya.
exercife all and every the powers in them veiled as toll mailers, by virtue of this aft.
4. And be it further enacted, That the toll mailers hereby appointed, fliall admin i- Ton masters to
fler oaths to the perfons avouching, or tolling before them refpeftively, touching the lvouchfng°!nd
proof of the property of the perfon fo tolling (of the fufheiency of which proofenterthenames
fuch toll mailers are hereby declared to be judges) and, upon fuch proof appearing, buyers, marks,
they are hereby required and directed to avouch or toll any horfe, mare, gelding, colt,
filly, or neat cattle, produced to them or either of them, and in a book to be kept for
that purpofe, fhall enter the time of falc, and the name and place of dwelling, of
every feller and buyer of fuch horfe, mare, gelding, colt, or filly, burnt mark or
other notable fiefli mark thereof, and the price for which the fame is fold, or the
value of what may be given in exchange, and fliall 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 negleft or refufal of any or either of the faid toll mailers.
5. And be it further enacted, That if any horfe, mare, colt or filly after the paffing stolen hdws
of this aft fhall be (lolen, and afterwards fliall be fold and tolled as aforefaid, howre«vS
that yet neverthelefs the fale of any fuch horfe, mare, gelding, colt or filly, fhall
not take away the property of the owner from whom the fame was fiolen, fo as
a claim to be made, in fix months after the offence or felony done, by the party
from whom the fame was (lolen, or by his executors or adminiftrators, or by any
other perfon of their appointment, in the parilh where the fame horfe, mare, gelding,
colt or filly fliall be found, before any juflice of the peace of the faid parilh, and
fo that the proof be made within forty days, then next enfuing by two fufficient
witneffes to be produced, and depofe before fuch juflice of the peace, that the
property of fuch horfe, mare, gelding, colt or filly fo claimed was the property
of the party by and from whom fuch claim is made, and was fiolen from him or her
within fix months, next before fuch claim of any horfe, mare, gelding, colt or filly,
but that the party from whom faid horfe, mare, gelding, colt or filly was fiolen,
his or her executors or adminiftrators fhall and may at all times -after notwithstand-
ing any fuch fale or fales, have again and enjoy the faid horfe, mare, gelding, colt or
filly upon payment of the party that fliall have in poffellion the fame, To much
money as fhall appear to have been paid by him or her, by a certificate from the
toll mafter, or by oath before any juflice of the peace, that he or fhe has paid fuch
value without fraud or collufion, any law, cuflom, or ufage to the contrary notwith-
(landing.
6. And be it further enacted, That no toll mailer hereby appointed fhall toll any t<>h master*
horfe, mare, gelding, colt, filly or neat cattle, fold or offered for fale by any pejsfon *» brought by
or perfons not being freeholders in this province, unlefs the faid perfon or perfons freeholder',,
1 >ri-\i\\r • without cer-
produce a certificate, under the hands anti reals of two or more juitices of the peace <*»»*,**
54
CATTLE STEALING.
of their rcfpccUve counties or parifhes where they ufually refide, of their being legal-
ly pofleffed of the fame, under the penalty of three pounds for every horfe, mare,
gelding, colt, filly or neat cattle fo by him tolled.
penalty for un- 7. And in order to prevent, as much as may be, the pernicious practice of lin-
ing, making, " lawfully branding, marking, or disfiguring of horfes and neat cattle, Be it further
enacted, That immediately from and after the palling of this act, every per ion and
perfons within this province, who fhall be lawfully convicted of killing, or of brand-
ing, marking, or disfiguring the brand, or altering the brand of any horfe, mare,
gelding, colt, filly or neat cattle, or of driving them, or either of them, off from
their ufual range, or place of feeding, wantonly and not with an intention to deal,
not being the properly of fuch perfou or perfons, (except by order and direction of
the lawful owner or owners thereof) upon oath of any one or more evidences before
two or more jultices of the peace, in any parifli within the fame, fhall, befides the
damages otherwife recoverable by law, forfeit for every fuch offence, a fum not ex-
ceeding eight pounds,* to be recovered by warrant of diftrefs, and fale of , the of-
fender's goods, under the hands and feais of fuch ju dices, and be applied one half
to the informer or informers, and the other half for the ufe of the poor of the parifli
where fuch offence was committed: and in cafe no diftrefs mail be found whereon to
levy fuch forfeiture, then, and in fuch cafe, the party or parties offending fhall be
committed to the common jail of Savannah, there to remain for the fpace of one
month, and fhall receive fuch corporal punifhment, by whipping on the bare back,
not exceeding thirty-nine lafhes, as to fuch jultices fhall feem meet.
i.ikepetnity 8. And be it further enabled, That no perfon, or perfons whatever mailorder or
suvm "idfi, direct his, her or their flave or flaves to kill, mark, or brand, any horfes or neat cattle,
fuch perfon not being at the fame time prefent, or caufing fome white perfon to be
prefent, at fuch killing, marking or branding, nor mall order any of his, her, or their
Have or flaves, to drive any horfe or neat cattle from their ufual place of feeding,
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
adjudged, recovered and applied, as herein is before directed, and in cafe any flave
e or flaves fhall be found killing, marking, branding, or driving any horfe or neat cat-
tle, 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.
9. Relates to eflrays, repealed by act of 1791.
10. And whereas there are in many parts of this province gangs of wild horfes and
neat cattle, to which, or any of which, no property can with any degree of certainty
be claimed or made out, and the keeping fuch horfes and neat cattle within enclofures
wnd hones for any length of time will be attended with confiderable trouble and expence; Be it
"gJatclunT 'further enabled, That in cafe any perfon or perfons fhall drive upon and pen, or put
.u-spwdof. jn a enclofure any horfe, mare, colt, filly or neat cattle that are wild, fuch perfon
or perfons fhall give notice thereof, to any toll mafler in the parifh where the fame
fhall happen, within ten days after fuch driving up, under the penalty of twenty mil-
lings for every fuch horfe, mare, colt, filly, or neat cattle, fo drove up, to be recov-
ered, levied and applied, as herein is before directed, and fuch toll mailer is hereby
directed and required, to fix an advertifement at the feveral places of worfhip, or at
&c
Slave to receive
thirty-nine
lashes.
* Magistrates jurifdi&ion reduced to thirty dollars.
CATTLE STEALING. 55
the courts of conference in fuch parifli ; and if within thirty miles of Savannah, then
alfo in the gazette, giving notice thereof, and where fuch wild horfes, mares, colts,
fillies, or neat cattle are, and that any perfon or perfons claiming any right or title to
any fuch horfes, mares, colts, fillies,, or neat cattle may view the fame, and claim
fuch right within thirty days, and, in cafe any perfon or perfons mail within fuch
time prove his, her, or their property therein to the fatisfaftion of the toll mafter, the
fame to be delivered to him, her, or them upon paying fuch reafonable charge and
expence, for driving up and keeping fuch horfes, mares, colts, fillies, or neat cattle,
as the faid toll mafter mail 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, or
neat cattle, or upon any other of the effects of fuch perfon or perfons ; and in cafe
no owner or owners fhall appear to claim fuch horfes, mares, cojts, fillies, or
neat cattle, within the time limited by fuch advertifement, it fhall and may be lawful,
to and for fuch toll mafter, to fell the fame by public out-cry, and out of the pro-
ceeds thereof, to pay the reafonable charges of driving up and keeping, and the re-
mainder after deducting his fees, and charges of fale, to be applied as herein before
directed.
11. And be itfurther enacled, That, every horfe, mare, gelding, colt, filly, or neat Horses and cats
cattle, that fhall or may hereafter be fhipped from any port in this province, fhall, be- J^^^j re
fore the fame be put on board any fhip or veffel, firft be avouched and tolled before houwoskers
the comptroller of the country duties at their refpe£tive ports, from whence the fame Jrboakfb!r1thM
are intended to be (hipped, who are hereby directed and required to avouch, andpu,pU3e'
toll the fame, and in a book to be kept for that purpofe, fhall enter the time the fame
was or were avouched and tolled, and the name of fuch perfon fo avouching and
tolling fuch horfes, mares, geldings, colts, fillies, or neat cattle, and the burnt mark
or other notable flefh marks thereof, and the price, or prices that was, or were for
the fame rcfpe&ively given, and mail, under his hand and feal, give a certificate of
fuch entry to the perfon or perfons fo avouching or tolling the fame, upon the pay-
ment of one fhilling and fixpence fterling for his trouble therein, under the penalty
of five pounds for every neglect or refufal of the faid comptroller.
12. And be itfurther enatled, That the faid book (hall be liable to be infpecled KSaed.0
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.
13. And for the better preventing any horfes, mares, geldings, colts, fillies or "^fshff.p'eSf
neat cattle, being fhipped or exported before the fame fhall be fo avouched and tolled tin tellc(1,
as aforefaid, the mafter or commander of every fhip or veffel fhall, before the veffel
be cleared out on board which the fame fhall be fhipped or intended to be (hipped,
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 jufteat1''
account of all the cargo; that there is no horfc, mare, gelding, colt, filly or neat
cattle on board the faid fhip or veffel except what is mentioned and contained there-
in; and that he doth not intend, or will take on board his veffel, before his de-
parture from this province any horfe, mare, gelding, colt filly or neat cattle, t0 be adm-m;s_
except as expreffed in the manifeft aforefaid: which oath the faid comptroller of the commons?,
port where any veffel or veffels fhall clear out, is hereby empowered and required to
adtninifter to every mafter or commander of any fhip or veffel, under the penalty underthe
of three pounds for every mafter of any fhip or veffel he fhall omit or negletl to JS^^**0
Masters of ves-
sels to take an
HS CATTLE.
3
fwear as aforefaid; and every hone, mare, gelding, colt, £lly or neat cattle that
sipped wiHi- (hall or maybe put or (hipped on board any fhip or vefiel, without being firft avouched
viucheaffor- and tolled as aforefaid, fhall be forfeited and fold, the one half of the monies arifinji
felted. » ■ &
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 Aflembly may hereafter dire 61,
and the faid comptroller or comptrollers are hereby authorized and empowered, in-
formation being firft made on oath of any horfe, mare, gelding, colt, filly or neat
cattle being put on board any fhip or vefTel, without being avouched and tolled as
aforefaid, to go and enter on board fuch fhip or vefTel 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 comp-
troller or comptrollers as aforefaid, to take, feize, drive and convey away; and if any,
perfon or perfons whatsoever fhall refill or oppofe the faid comptroller or comptrollers
penalty for re- |q the due execution of this act, every fuch nerfon fo offending fhall forfeit and pav the
listing the . , o r j
w'X'°ller !n mm °^ twettty pounds: all which faid fines and forfeitures to be fued for and reco-
vered by aflion of debt, bill, plaint or information, isi any court of record within
this province, wherein no effoign, privilege or wager of law, or any more than one
imparlance fhall be allowed; and that the fines and forfeitures be difpofed of as
herein before mentioned.
-continuance of 14. And- be it further enabled, That this act fhall continue and be in force, for and
during the term of two years from the pafling thereof, and from thence to the end of
the next fefiion of the General A {Terribly and no longer.
By Order of the Upper Houfe of Affembly,
WILLIAM YOUNG, Shaker.
By Order of the Upper Houfe,
JAMES HAB.ERSHAM, Prcfidtnt.
JAMES WRIGHT.
29th September, 1773.
• ••••*••
CATTLE, ACT TO ESTABLISH INSPECTION OF.
An aB to empower the jiflices of the inferior court of the county of Camden or a majo-
rity of them to appoint infpeclors of cattle in faid county.
tntoior court lm T> E IT ENACTED, That it fhall be the duty of the iuftices of the inferior
to appoint m- Ji^fc 1 ' r»
Rectos of cat- ±j court of the county of Camden, to meet at the court houfe in faid county,
on the firft Monday in February next, and there to appoint two fit and proper per-
fons to infpeft all cattle which may be drove through or from the county of Camden
to the province of Eaft Florida by taking the marks and brands of each, and re-
cording the fame in a book to be kept for that purpofe by him.
coirfnwtroa. 2- And be it further enacted, That the owner or owners of faid cattle, fhall pay to
faid infpetlor, fix and one quarter cents for each head of cattle fo infpefted.
penalty forribr 3- And be it alfo enabled^ That any perfon or perfons, failing or neglecting to give
"avecftuc in- information to the faid infpector, of his, her or their intention to drive cattle from this
flate to the province of Eaft Florida, and do actually drive the fame without being
infpetled by the infpeclor or. infpeclors appointed by virtue of this act, fhall forfeit
Who chail kc;p
n 00k of en-
tries
ipecled.
CEMETERY OF CHRIST CHURCH, 67
for each head, ten dollars, to be recovered by aftion of debt, in any court having
cognizance of the fame, the one half to the perfon informing, and the other part to
the ufe of the county.
DAVID MERIWETHER, Speaker of 'the Houfe of Reprefentaiives.
DAVID EMANUEL, President of the Senate.
Aflented to December 5th, 1799.
JAMES JACKSON, Governor.
CEMETERY OF CHRIST CHURCH.
An a& for amending an act, for conjlituting and dividing the fever al diflritts and di-
titijiom of this province into parifh es, and for ejlabliflung religious worjhip therein,
according to die rites and ceremonies of the church of England ; and alfo for empow-
ering the church wardens and vef try -men of the refpeBive pari flies, to affefs rates for
the repair of churches, the relief of the poor, and other parochial fervices, and for en-
larging the public burial ground at Savannah, and enclojing the fame.
t. Directing church wardens, &c. to levy a parifh tax — repugnant to the con-
ftitution. See 10th fe&ion of the fourth article thereof.
2. And whereas the cemetery in the parifh of Chrift Church, belonging to the faid cemetery »t
parifh, is become too fmall for the occafion: Be it farther enabled, by the authority enurgai.
aforefaid, That the faid cemetery be enlarged and extended to the line of Abercorn-
ftreet to the weftward, and one hundred feet to the fouthward, the whole to contain
two hundred and ten feet fquare; and church wardens and veftry-men • of the
. faid parifh are hereby empowered at their difcretion to agree with and hire workmen
to complete, enclofe and finifh the fame.
3. And be it further enacted, by the authority aforefaid, That there be laid out and f0"riwE?«e*.^
enclofedin a line with the faid cemetery, adjoining the lines of the common, towards
the five acre lots, a place of two hundred feet fquare, for the conveniency of a bu-
rial ground for negroes.
By order of the Upper Houfe of Affembly,
LEWIS JOHNSON, Speaker.
By order of the Lower Houfe,
JAMES HABERSHAM, Prejident.
JAMES WRIGHT.
April 7th, 1763.
An aft to empower the churchwardens and veflry of the parifli of Chrifl Church to en-
large the cemetery or public burial ground at Savannah, and to enclofe the fame.
WHEREAS the cemetery or public burial ground for the parifli of Chrift nagus.
Church, notwithstanding the addition made thereunto by an a£> of the Ge-
neral Affembly, palfed on the feventh day of April, in the year oi our Lord one
H
5»
CITIZENSHIP.
Ccmetry of
Christ Church
enlarged.
thoufand feven hundred and fixty-three, is apparently too fmall to anfwer the pur-
pofes thereby intended, and it appearing neceflary to make an addition thereunto :
Be it therefore enacted, That, immediately after the paffing of this aft, it fhall and
may be lawful to and for the church wardens and veftry of the parim of Chrifl
Church aforefaid for the time being, and they are hereby authorized and empower-
ed to lay out an addition of one hundred and feventy feet in length of and from the
common of the town of Savannah, and adjoining to the eaftward the prefent ceme-
tery or public burial ground; and that the addition fo laid out, made and extend-
ed, mall from thenceforth for ever, be and remain as part and parcel of the faid ce-
metery or public burial ground, and that the church wardens and veftry of the faid
sHdeneioKd. parilh for the time being in all be, and they are hereby empowered to enclofe the fame
accordingly at their difcretion, any thing in any law heretofore enacled to the con-
trary notwithstanding.
By order of the Lower Houfe of Affembly,
ALEXANDER WYLLY, Speaker.
By order of the Upper Houfe,
N. JONES, Prefident.
JAMES WRIGHT,
nth April, 1768.
CITIZENSHIP.
raamble.
An at! to admit certain perfons to the rights of citizenjhip.
WHEREAS, John Haupt, Peter De Bofg, Justus Hartman Scheuber, Fran-
cis De Block, William Blogg, William Finden, James Merclies, John Wal-
lace, Daniel M'Garvey, Ralph De Pafs, Jacob De Pafs, William Coales, Alexander
BifTett, Henry Sowerly, Gabriel Leaver and Francis Wattington, who have petition-
ed this houfe to become citizens of this ftate, previous to the paffing the citizen bill ;
1. Be it therefore enaUedby the reprefentatives of the freemen of the fate of Georgia,
in General Affembly met, and by the authority of the fame, That the faid John Haupt,
Peter De Bofg, Juftus Hartman Scheuber, Francis De Block, William Blogg, Wil-
ham Finden, James Merclies, John Wallace, Daniel M'Garvey, Ralph De Pafs,
Jacob De Pafs, William Coales, Alexander BifTet, Henry Sowerly, Gabriel Leaver
and Francis Wattington, are hereby admitted to all the rights of citizenfhip, any law
to the contrary notwithstanding.
Signed by order,
JOSEPH HABERSHAM, Speaker.
February 19th, 1785.
An atl to admit certain perfons therein named to ike rights of citizenfhip.
WHEREAS, William Pingrie, Peter Donworth, Thomas Collier, Andrew Afc-
kinlon, Thomas Cole, and Francis Forbes, have petitioned this houfe to
become citizens of this ftate, and did at the fame time produce good and fufficient cre-
dentials of their honefty and integrity, and this houfe being fatisfiedof the authen-
ticity of the fame.
CITIZENSHIP. 59
i. Be it therefore enaBed by the reprefeniatives of the freemen of the fate of Geor-
gia in General Affembly met, and by the authority of the fame, That the faid Wiiliam
Pingrie, Peter Donworth, Thomas Collier, Andrew Atkirtfon, Francis Forbes, and
Thomas Cole, are hereby admitted to all and lingular the rights and privileges of
citizenfhip, any law to the contrary notwithstanding.
By order of the Houfe,
WILLIAM GIBBONS, Speaker,
Augufta, February 13th, 1786.
An aB to admit Alexander Stevens and others to the rights of citizenfliip;
t. "\ % 7HEREAS, Alexander Stevens has petitioned the legislature of this Rate to
V V be admitted to the rights of citizenfliip and his petition has been fupport-
ed by the recommendations of a large number of citizens : Be it enabled by the re-
prefentatives of the freemen oftheflate of Georgia in General Affembly met, and by the au-
thority of the fame, That the faid Alexander Stevens be, and he is hereby admitted to
all the rights and privileges of citizenfliip exercifed within this date.
2. And be it enabled by the authority afore faid, That Ifaac Herbert, Thomas King,
and Duncan Manfon, be alfo admitted to the privileges of citizenfliip within the faid
ftate.
3. And be it further enaBed, That Charles Murray, Efq. of Madeira, be entitled
to all the rights, privileges and immunities of a citizen of this (late in like manner as
if he had remained in America during the late war.
By order of the Houfe,
N. BROWNSON, Speaker.
February 1ft, 1788.
An aB to prevent the clipping and mutilating the current coin of this fate.
i. T^THEREAS the mod mifchievous confequences are daily experienced by ^«mb,i-
V V the good citizens of this ftate, from the nefarious pra&ice of clipping
and mutilating the circulating fpecie thereof, to prevent the fame, Be it enaBed by the cud and siwet
reprefentatives of the freemen of the fate of Georgia in General Affembly met, and weight to pw»
by the authority of the fame, That all gold and filver coin of full weight fhall pafs
current by tale within this ftate.
2. And be it further enaBed, That if any perfon or perfons fhall prefume to cut, persons, dip-
clip or mutilate the gold or filver coin current in this ftate, after the firft day ofpno/thTstate
*'■*'*' bhaii forfeit one
March next, he, (he or they fo offending, and fhall be lawfully covifted thereof, fliall '^n^fflpr°tu*£5
forfeit for the firft offence, the fum of one hundred pounds, one half to go to (^cseE^dfor
the informer, and the other half to go to the ufe of the academy within the county 'd'£1tIhs>uffer
or counties where fuch offence may be committed; and for the fecond offence on
conviction thereof before any court of judicature having cognizance thereof, he,
fhe or they fliall and are hereby declared to be guilty of felony, and fliall fuffer death
without benefit of clergy.
JOHN POWELL, Speaker,
Augufta, February 3, 1789.
COIN, FORGERY OFr-See Forgery.
6« COIN, RATES OF.
An act for regulating the rates of coin.
Dollars to be
rated it eight
^V.llings and
four pence and
other coins in
Ihe same pro-
nortien
l. Y) E IT ENACTED by ihe Senate and Houfe of Reprefentatives of the fate of
JLj Georgia in General Affembly met, and by the authority of the fame, That
after the firft day of July next, a Spanifh milled dollar fhall pals and be received in
payment of all debts which may be contracted by or with any perfon or perfons within
this ftate, and in payment of all taxes that may be laid or affelfed after the prefent fef-
lion, at the rate of eight (hillings and four pence, and all other coins in the fame rate and
or°con?ra«?sOT proportion : Provided neverthelefs, That this act mail not be fo conftrued as to affect
riwouffittri1?* any contract or money tran faction, made or entered into prior to the firft day of
July, one thoufand feven hundred and ninety-five: And provided alfo, That no-
thing herein contained fhall be fo conftrued as to reduce or alter the fees or falaries
of the feveral officers within this ftate.
THOMAS NAPIER, Speaker of the Houfe of Reprefentatives.
BENJAMIN TALIAFERRO, Prefdent oj the Senate.
GEORGE MATHEWS, Governor.
December 29, 1794.
CONGREGATIONS.
An atl to enable the trujhes of the White Bluff congregation in the county of Chatham^
to fell and convey a certain tract of land.
pfeamw«. 1 . T "Y T HERE AS on the fecond day of October, one thoufand feven hundred
YY and fifty-nine, a certain tracl: of land containing one hundred acres,
fituate and being in the diftrict of White Bluff in the county of Chatham, was
granted unto Johnjoaehim Zubly, Michael Burgholder, Simon Gering,George Torig,
Jacob Thiefs, Thomas Frafcr and George Uland, in truft for the congregation and
meeting-houfe of the faid diftricl: And whereas the faid congregation have by their
petition reprefented that the faid tracl of land is in no wife productive, nor any benefit
derived therefrom, and prayed that an aft may be paffed to enable the truftees of the
faid congregation and meeting-houfe to fell and convey the fame :
congregation i. Be it therefore enabled by the Senate and Houfe of Reprefentatives of the ftate of
rmaiiynvetrus- Georgia in General Affembly met, and by the authority of the fame, That the inhabi-
tants of the faid diftrict of White Bluff, being members of the faid congregation be-
longing to the faid meeting-houfe, fhall on the firft Monday in March next, and on
the fame day annually and every year thereafter, affemble and meet together at the
faid meeting-houfe, and proceed by ballot to the choice of feven fit and proper per-
fons, members of the faid congregation, and refidents and freeholders in the faid dif-
trict, to act as truftees to the faid congregation and meeting-houfe.
whoareautho- 2. And be it further enabled, That the perfons chofen truftees as aforefaid, or a
ofundonCceer- majoritv or" them, fhall, and they are hereby vefted with full power and authority, at
sain terms. any tjme after tj-,e faij firfl- Monday in March next, to fet up and expofe to fale on
a credit of five years, the faid tracl of land of one hundred acres, to the higheft bid-
der, firft giving at leaft thirty days notice in the gazette of Savannah, and in three or more
public places in the faid diftricl, and to make and execute good and fufficient titles
for the fame in fee fimple to the purchafer or purchafers thereof, on the following
CONGREGATIONS. 61
terms and conditions, that is to fay, the purchafer or purchafers of the faid traa of
land, fhall give bonds with fuch good and fufficient perfonal fecurity as a majority
of the faid truftees fhall allow and approve of, together with a mortgage on the pre-
mifes for fecuring the amount of the purchafe money and annual intereft thereof,
payable by five annual and equal inftalments, the firft payment to be made in twelve
months from the day of fale; which bonds and mortgages fhall be given and made
payable to the faid truftees and their fucceffors in office, to and for the ufe and bene-
fit of the faid congregation. And the faid truftees, or a majority of them, or their
fucceffors in office, are hereby vefted with full power and authority, in cafe of refufal
or neglect to pay the amount of the faid bonds and the intereft due thereon, to fue for
and recover the fame by atfion at law, in any court of record in this ftate having
jurifdiclion in fuch cafes, and to foreclofe the equity of redemption in the faid mort-
gage, and to take all legal fteps for the recovery thereof, as if the faid truftees were
a body politic and corporate.
And be it further enacted, That the faid truftees and their fucceffors in office fhall Themoneya*i.
lay out the faid money to fuch ufes, intents and purpofes as the faid congregation fhall, sa"fto0b£ke-
1 ,1 • . t 1 r 1 r i- n 1 • ° 'posed of by the
by their vote taken tor that purpole, direct and appoint. congregation.
THOMAS STEVENS, Speaker of the Houfe of Reprefentatives.
BENJAMIN TALIAFERRO, Prefdent of the Senate.
Concurred February 18, 1796.
JARED IRWIN, Governor.
An aft, to authorize and empower the truftees of the White Bluff congregation to fell and
convey certain land therein mentioned.
*" WHEREAS the White Bluff congregation, in the county of Chatham, hath
V V petitioned this legiflature for leave to fell and convey a piece or parcel of
land, fituate on the top or front of White BlufF, which was originally laid out and
referved to, and for the ufe of the holders or owners of fifty-acre lots, within the
diftria of White BlufF to be improved by them as a town: And whereas the faid
lot holders have agreed to relinquifh all and everyclaim orclaims for ever that they or
their heirs have, or may have in or to the faid piece or parcel of land : Be it therefore
tnaVied by the Senate and Houfe of Reprefentatives of the fate of Georgia, in Gene-
ral Affembly met and by the authority of the fame, That the truftees for the faid White
Bluff congregation, be and they are hereby authorized to have expofed to public
fale, the faid traft of land which was originally referved as a town or common for
the holders of fifty-acre lots within the faid diftria, faid to contain twenty acres,
be the famemore or lefsy except fuch part as Jacob Thiefs one of the faid lot holders
is legally entitled to, the faid truftees giving thirty days notice of fuch fale.
2. Ard be it farther enatted, That, the faid p'iece, or parcel of land, fhall be fold
on a credit of one and two years, the purchafers giving bond and mortgage of the
laid land, conditioned for the payment of one half of the purchafe money in twelve
months from the date of the purchafe, and the remainder in one year thereafter.
3. And be u further enaBed, That the money arifing from the fale of the faid land,
fhall be paid into the hands of the faid truftees, as a fund to and for the ufe of the faid
Preamble.
6a CONFISCATION AND AMERCEMENT.
White Bluff congregation, to be expended and applied as the faid congregation, or a
majority of them (hall determine.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, President of the Senate.
Afiented to, February 2d, 1798.
JAMES JACKSON, Governor.
CONFISCATION AND AMERCEMENT.
An act [or attainting fuch per fons as are therein mentioned of high treafon, and for
confl [eating their efates, both real and perfonal to the ufe o[ this fate ; for eflablifhing
Boards of Commfji oners for the fale of ' fiich efates, and for other purpofes therein
mentioned.
r^mbic. i.T TI7HEREAS, the king of Great Britain, did on the nineteenth day of April
V V which was in the year of our Lord one thoufand feven hundred and feventy-
five, commence a cruel and ttnjuft war again it the good people of America, with
intent to reduce them under fubje£tion to a ftate of lawlefs fway and abfolute defpo-
tilm in violation of the ancient conftitution, and utterly fubverfive of the fame ;
And whereas, the faid king in order to carry the faid flagitious and definitive fyftem
of government into full effeft, 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
deftroy the great end of all civil inttitutions, the public good : And whereas, the
powers of government incapable of annihilation did devolve upon the people for
exercife of the fame, and the faid people, did (as of right and juftice they ought)
enter into a full exercife thereof for their common fafety and happinefs ; And whereas,
at a General Congrefs held at Philadelphia a declaration of the ancient and inherent
rights of the people recognizing the above principles of government, and the necef-
lity of a final feparation and diffolution of all political connexion with the king and
realm of England, took place on the fourth day of July, one thoufand feven hun-
dred and feventy-iix, afferting the thirteen United Colonies to be free and Independent
States, and in full and abfolute poffeffion of every fupreme power which free and
independent (tates and powers do, and ought of right to enjoy, which declaration
not only confirmed the powers of the feparate (tates, but plainly, and manifeftly re-
congnized the juftice and political neceffity of a {Turning and exercifing the powers
which reverted to, and devolved upon the people on the breach which was made by
the faid king of Great Britain on the faid nineteenth day of Apiil 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 juit 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 ac-
cordingly were by means of the faid breach transferred from the faid king, to the powers
which aifumed the rights and exercife of government; And whereas various perfons,
inhabitants of this ftate, in contempt of the faid allegiance and duly fo transferred as
CONFISCATION AND AMERCEMENT. 63
aforefaid did traiteroufly avoid the fame, and led away by their wicked devices did
contumacioufly aid, abet, affift, and comfort the troops and vallals of the faid Britannic
king then ravaging and plundering the coafts and towns of America, and by every fa-
vage and inhuman practice, murdering and deftroying the good people of the fame;
And whereas it is but reafonabie and jufl that the eftates both real and perfonal of all
fuch perfons, refiding within this date, 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 confifcated; which forfeitures and confiscations are further recommended coafocaifottk
by Congrefs to be carried into immediate execution, with intent therefore that erf'eclual by emigres.'
juftice may be done, and all fuch defections and treafons meet with their due punifh-
ments, and alfo that the fame may be prevented in future. Be it enabled by the reprc- Per£om tiK,.tin
fentatives of the freemen of the fate of Georgia, in General AfJ'embly met, and it is T&tt& adjudg-'
hereby enabled by the authority of the fame, That, Sir James Wright, John Graham, w?!iUtrS«M ».
Henry Yonge, jun. William Mofs, Robert Smith, James Hume, Willliam jorm£a""'a":*Ute
Yonge, Charles William M'Kennen, George Barry, Alexander Wylly, William
Johnfon, John Leghtenftone, John Mullryne, Jofiali Tatnall, William M'Gillivray,
John Joacim Zubly, George Kincaid, John Hume, Jofeph Farley, Robert Reid,
Thomas Reid, John Bond Randell, Henry Yonge, fen. Philip Yonge, James Robert-
fon, James Brown, (fchool-mafler) David Johnflon, Alexander M'Goun, Wriliiam
Simes, John lnglis, Peter Dean, Thomas Johnflon, George Borland, James
Johnflon, James Downey, William Tremfield, George M'Cauily, John Jameiion,
Andrew Hewitt, George Baillie, George Webb, John Love, (of Effingham county)
Jofeph Johnflon, John Johnflon, George Wilds, William Love, Charles Hall,
James Moore, Samuel Moore, John Hubbard, Matthew Marfhal, Jofeph Marfhal,
Thomas Brown, (late of the ceded lands,) Thomas Scott, (late of the ponds on Oge-
chee Wilkes county) William Frafer, Timothy Hollingfworth, Valentine Hollingf-
worth, William M'Donald, John M'Donald, John M'Donald, (taylor) William
Rofs, (late of Saint Andrew's Parifh,) Daniel M'Leod, Alexander Baillie, Alexander
M'Donald, David Rofs, Daniel M'Donald, Roderick M'Intofh, Angus Bacon,
Thomas Young, Simon Munro, Simon Patterfon, William Lyford, Robert Baillie,
James Kitching, Roger Kelfall, James Spalding, Robert Portions, Alexander Creigh-
ton, Robert Moodie, William Clark, (late of Saint Andrews Parifh) James Chap-
man, Charles WTatts, William Bofomworth, Sampfon Williams, Garret Vinfant,
George Vinfant, Daniel M'Garth, James M'Garth, George Pro&or, James Shavcis,
John Spicei% John Martin, of Jekyl ifland, John Froil, William Frofl, Cornelius
Dunn, John Dunn, John Pettinger, Robert Abrams, (hatter) Jofeph Rains (late of
the parifh of David,) Bafel Cowper, Jun. Thomas Stringer, John Hopkins (pilot)
William Oldes, William Colville, (pilot) John Murray, Amhony Stokes, John
Wood, (late of Savannah, merchant) James Edward Powell, Jermyn Wright,
Charles Wright, Thomas Eatton, James Taylor, (merchant) George Finch, Philip
Moore, William Panton, John Simpfon, (Sabine Fields) Charles M'Cullock, late of
Savannah, be attainted and adjudged guiky of high treafon, againlt this irate, and
ihey are hereby attainted and adjudged guilty of the fame accordingly.
2. And be it further cnaBed by the authority aforefaid, That in cafe any or either ofpa4?fSmumd-
the perfons above named, and who are herein and hereby attainted of high treafon, I^^Lm'
mail hereafter return to this flate, or be taken in arms againfl the authority of this (late, he™»»«i
or the United States, and fhall be brought within the limits of this flate, fuch perfon h^Ure^™' &
or perfons fhall be fubjcclto arrefl, imprifonment and trial for the crime of high trea-oncoavkuom*
fon, and fhall on conviction thereof in any court of record where, by the laws of this
6-i CONFISCATION AND AMERCEMENT.
Hate fuch perfon or perfons (hall be triable, to receive fentence, and judgment of death,
and fliall differ accordingly.
3. And whereas fuch perfons as have forfeited the perfonal protection of, and been
guilty of high treafon againft the (late, contrary to their duty and allegiance to the fame,
bofeund ^° *° 'nCLlr tne ^orf>eiture °f tneir property and poffeffions, both real and perfonal,
LYnS'eEsran^ k beinS llighly reafonablc, that the eftates real and perfonal, of traitors who arc
f^MitntL 'herehy attainted Ihould be difcovered and applied to the ufe of the good people of
government, this ftate, in the moll fpeedy and effectual manner, and that due provifion be made
for the fatisfaction of alljuft and lawful claims which any of the good friends of this
ftate may have to, out of, or upon the eftates of fuch difaffe&ed perfons and traitor:-;.
4. Be it therefore further enacted by the authority aforefaid, That all and every the
lands and heritages, debts, or funis of money and goods and chattels, whatsoever
and generally the goods, chattels and effects, heritable and moveable real and perianal,
of what nature or kind fo ever they be, within this ftate whereof any perfon or perfons
who lince the faid nineteenth day of April which was in the year of our Lord one thou-
fand feven hundred and feventy-five, is orare hereby attainted and adjudged guilty of
high treafon againft this ftate, for levying war again!! the fame or compiling againft
its fafety, or for any other high treafon whatfoever, committed iince the faid nine-
teenth day of April in the year of our Lord one thoufand feven hundred ana feventy-
five, within this ftate or elfewhere, was, were or fhall have been fei zed or poffe fled
of, or interefted in, or entitled unto, on the faid nineteenth day of April, in the year
of our Lord one thoufand feven hundred and feventy-five, or at any time afterwards
in his, her or their own right, or to his, her or their own ufe, or whereof any other per-
fon or perfons, as were, or fhall have been feized and poffeffedof, or interefted in or en-
titled unto, to the ufe or in truft for them or any of them, fhall according to the feveral
and refp'ect ive eftates and interefts which the faid perfon or perfons attainted fmce 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 fliall forfeit by fuch attainder, ftand and
be forfeited to this (late, and fhall be deemed vefted and adjudged, and is and arc
hereby declared and enacted to be in the real and actual pofielBon of the government
thereof, without any office of inquifition thereof hereafter to be taken and found,
and without any declaration of forfeiture to be obtained.
And to the end that all the eftates of the faid traitors of what nature foever within
this ftate, hereby or otherwife vefted or hereby intended to be vefted in this ftate, and
the yearly and other values thereof, and all encumbrances thereupon .may be the bet-
ter difcovered known and afcertained, and that the fame may be fecured, fold and dif-
pofed of, and that in the mean time the rents, iffues and profits thereof, may be
recovered and brought in, for the ufe of and to defray the grievous and heavy expen-
ces accrued in defending this ftate, againft the attacks of its cruel invaders ; and that
due examination be taken and fatisfaction be made of all juft and lawful claims to, up-
on or out of the faid eftates or any of them.
5. Be it therefore further enaBed, by the authority aforefaid, that five perfons, be ap-
a board of pointed by the ballot of this houfe, to act as a board of commiffioners in each coun-
eSshedf" ty within this ftate except as herein is hereafter excepted, that is to fay : for the county
dhco^r a2i't0 of Chatham, George Walton, Thomas Stone, John M'Clure, Edward Davis, and
e^tesfnd it- Ambrofe Wright — for the county of Effingham, John Poftell, Henry Wood, ja-
t£T3 * cob Cronenberger, Jofhua Pierce, and Archibald Patterfon ; for the county of
CONFISCATION AND AMERCEMENT. 65
:j
Burke, John Thomas, Abraham Jones, Blafingham Havcy, Jofeph Gretham, and
William Livingflon ; for the county of Richmond, Robert Walton, Seth John Cuth-
bcrt, Benjamin Few, William Glafcock, and William Jackfon; for the county of
Wilkes, Solomon Nufum, jun. Richard Aycock, George Wells, Daniel Coleman,
and Barnard Heard; for the county of Liberty, Glynn and Camden, Benjamin Ba-
ker, John Sandeford, Francis Brown, Mofes Way, and William Peacock: A&fi *£**£%£
any three or more of fuch commiflioners in each county mail conftitute a board, and g£nhby*uCT'
fhall exercife the powers and duties by this acl given and required; and each board foa6t"
conftituted and appointed as aforefaid is hereby authorized, empowered and required Th-.rdutT.
to enquire into all fuch ellatcs, both real and perfonal, within their refpeclive coun-
ties, as are hereby or otherwife veiled, or hereby intended to be veiled in this (late,
and to caufe all and every the rents, iffues and profits thereof until fale mail 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 perfo.n as (hall be appointed by the
refpeclive 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 (late, fitu-
ate and being within each county refpeclively; and all fuch rents, iffues and profits,
and all monies arifing from fuch fales, fhall be paid to the refpeclive boards, and by
the refpeclive boards fhall be depofited in the treafury of this Hate, to be difpofed of,
ufed or employed to fuch purpofes and ufes as the legiflature of this flate fhall order
and direel; and all perfons claiming or pretending to claim any eflate, right, title orCrediUrs.f
intereft in, to or out of the faid eflates hereby or intended hereby to be veiled in this "xMbTuhdr*
Hate, or being or pretending to be creditors of any of the faid perfons hereby attaint- re*PTait°ethc
ed and adjudged guilty of high treafon, fhall produce and exhibit the fame to the t$Sutu&o£<s.
refpeclive boards, within whofe jurifdiclion fuch claims fhall belong and be made, ,e
and the fame fhall be examined and enquired into by the refpeclive boards; and if
they mall find that any of the claims fo to-»be made as aforefaid fhall be well-founded
and have good color of juftice, and are not rendered fraudulent and void by any
part of this acl, that then the faid refpeclive boards fhall admit fuch claims, and acl
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 by
this acl:, that then the faid refpeclive boards fhall refer all the papers and other tefli-
monies upon -which fuch claims fhall be founded to the attorney-general for the flate
for the time being, who is hereby authorized and required to enquire into and examine -aV?dfat*S>-
the faid papers and teftimonies, and to defend the right of the flate, as well before
the faid boards as in any of the fuperior courts againft the fame.
And be it further enacted, by the authority aforefaid, That the refpeclive boards fo tCo°8«'on ti*"s
conftituted and appointed as aforefaid, fhall and may meet, acl and proceed from mensem™"
time to time, with or without adjournment, within term time or without; and mallSfo?^
i «- 11* r r r t r sons, books, Xr
and may lend their precept or precepts tor any peilon or perions whatsoever to ap- paper*, may ad-
pear before them; and for all fuch books, papers, writings, and authenticated copies *? make dfe.*-
of records as they mall think neceffary for their information in any matters or things
relating to this acl, without any fee, charge or reward to be paid for the fame; and
flia.ll and may detain in their cuilody fuch books, papers, writings and authenticated
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 refpeclively belong; and fhall and may adminifler oaths for the better
difcovery of the truth of the enquiries by them to be made to any pcrfon or perfons
I
66 CONFISCATION AND AMERCEMENT.
mffft therein concerned, or to any other perfon or perfons whatfoever ; and all fneriffs and
erdcrf.yre!11 their deputies and conftables are hereby required to obey and execute fuch orders and
precepts as flia.ll be fent to them by the refpeclive boards; and ihe faid refpeclive
boards are hereby empowered and required, in a fummary way, and without the for-
malities of the proceedings in the courts of law, to enquire and inform themfelves by
and upon the teftimony of witneffes upon oath, examination of perfons interefted
upon their oaths, infpeclion and examination of deeds, writings and records, or bv
al! or any of the faid ways and means, or otherwife, according to their difcretions, as
Icon as may be; and to make a regifter in books of the names of all fuch perfons at-
tainted, and of all real and perfonal eftates and interefls whatfoever by this acl veiled,
cr hereby intended to be veiled, in this ftate, and by whom fuch elates was and were
forfeited or forfeitable, and what eflate or interell every fuch perfon attainted, or to
be attainted, for high treafon as aforefaid, had in any of the premifes on the faid nine-
teenth day of April, in the year of our Lord one thoufand (even hundred and feven-
ty-five, or at any time afterwards, and by what tenures the fame, or any of them re-
fpeclively wereholden, and of all encumbrances whatfoever to which any of the faidef-
tates forfeited or forfeitable for high treafon were liable or fubjeel before the faid nine-
teenth day of April in the year one thoufand feven hundred and feventy-five, or at
Board may any time afterwards: And in cafe any perfon or perfons fummoned to appear before
sa°"s afbeL'e tne ^a^ Doards refpeclively for difcovery of the premifes, fhall negleft or refufe to
summon011 appear or be examined as aforefaid, then, and in every fuch cafe, it mall and may be
lawful to and for the faid boards refpeftively to commit the faid perfon or perfons fo
neglecting or refufing as aforefaid to the common jail of the county wherein fuch fum-
mons and neglecl and refufal fhall be made, there to remain, without bail, until fuch
Any offiCer M- perfon or perfons mall conform themfelves and fubmit to be examined as aforefaid;
inywmmons6 and if any officer or officers fhall refufe to give obedience to the precepts and orders
°«bjcc\toaard of the faid board refpeclively for the due execution of this act, then, and in every
poui?dsfifty fuch cafe, it fhall and may be lawful to and for the faid refpeclive boards to impofe on
any fuch officer or officers any fine not exceeding fifty pounds lawful money of this
ftate, for any one offence, and to commit any fuch officer or officers to jail, until
fuch fine fhall be paid. And for deterring and preventing all and every perfon and
perfons whatfoever, anywife indebted or liable to pay to any fuch forfeiting perfon
or perfons any fum of money hereby or otherwife veiled in this ftate as aforefaid,
from concealing, withholding, neglecling or refufing to pay the fame to the faid
boards refpeclively :
persons igiebt- Be it enaffed, by the authority aforefaid, That all and every fuch perfon and per-
to 'discover and fons fo indebted or liable as aforeiaid, who fhall nested to difcover and make known
ifiake known ' O
withta^y l^e iame to the faid boards refpe&ively, within fixty days after the pafiing and pub-
affftofr0rfeitis lication of this afl, fhall forfeit double the value of any fuch debt or debts, fum
inudba1soPer- or fums of money to be recovered by fuit at law in the feveral counties refpeclively
TArgoodTlfto the ufe of this ftate as aforefaid; and all and every perfon or perfons, who was
^rsow.ainte or were, hath or have been poffeffed of any perfonal goods or chattels of, or belong-
ing to any fuch perfon or perfons attainted of high treafon as aforefaid, when the
& fame became forfeited, or afterwards, or fhall be hereof poffeffed, are hereby ftriclly
charged and required to difcover and make known the fame to the faid boards ref-
peclively within the faid time of fixty days next after the paffmg of this acl, and all
and every fuch perfon or perfons having fuch goods or chattels in his, her or their
poffeffion, cuftody or power, and neglecling to difcover the fame before the expiration
of the faid time of fixty days, fhal! for fuch offence forfeit double the value of fuch
CONFISCATION AND AMERCEMENT. &;
perfonal goods and chattels to be recovered for the ufe of this date as afore faid; and l2eStic-e
the faid boards refpeclively are hereby authorized and empowered to make any fuch ^o^7ll^
fettlements and agreements touching any fuch debts or perfonal goods and chattels
fo as afore.faid, to be difcovered as the faid board refpeclively fhall in any fuch cafe,
on due confideration on the nature thereof, or circumftances of tbe parties con-
cerned therein think fit and reafonable, which fettlements and agreements to be val-
id in law, fo as they do not extend to any abatement of the real amount of any
fuch debts or a relinquifhment of any fuch perfonal goods or chattels, and fo as the
monies payable on any fuch fettlements and agreements be paid to the faid boards
refpeclively for^the ufe of this (late, within the refpeclive times allowed by the ref-
peclive 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 refpeclively are hereby authorized to ftate, fettle and de-
termine the fame, or to caufe fuits to be commenced for the recovery thereof.
And to the intent the debts, perfonal goods and chattels herein before or otherwifefy^""^,
veiled in this ftate may be difpofed of, and the amount and value thereof applied furthCTdefin«*'
to the ufe of this ftate: Be it further enabled by the authority aforefaid, That the faid
refpeclive boards as foon as conveniently may be, ufe their utmoft endeavors to fe-
cure all fuch debts, goods or perfonal chattels in fuch places and in the cuftody of fuch
perfons as fhall be thought moft proper by the faid boards refpeclively, for prevent^-
ing the perifhing or any lofs or embezzlement thereof, and fhall make or caufe to
be made a true and perfeel inventory or inventories thereof, containing a true
and particular account of all fuch debts, goods and perfonal chattels by whom they
were forfeited, and when, and by whom delivered to the faid refpeclive boards, or
any perfon by them appointed to receive the fame; and fhall alfo caufe a juft
appraifement thereof to be made upon the oaths of any three perfons to be appointed
by the faid boards refpeclively for that purpofe; and the faid boards refpeclively are
hereby authorized and required to caufe the fheriff or fuch other perfon as they fhali
refpeclively appoint in the refpeclive counties after all claims fhall be liquidated and
fettled in the manner as is herein after direcled in refpeel to real eftates, to fell all and Jn°o£Ladch^
fingular fuch goods and chattels fo inventoried and appraifed according to their beft 1^*^1*53
fkil! and judgment, and for that purpofe fhall caufe public notice to be given for the ™te l$t "&
fpace of thirty days at leaft, of the time and place of expofing to public fale any uiis'state? °
fuch goods and chattels, and the feveral particulars then and there to be fold, at which
time the fheriff or fuch other perfon as they fhall refpeclively appoint, fhall fell the
fame by auclion for the money of this ftate only, and to the inhabitants being aclu-
al citizens and refidents of and within the fame, and to none others.
And the faid boards refpeclively mall attend the fale of any fuch goods or chattels, The board*
and fhall caufe an entry to be made in their refpeclive books of all and every the per- s°ie"keephe
fonal goods or chattels fo fold, and of the buyers' names and places of abode, and «r0tifiCaiCsgt<Ie
of the prices for which they fold; and for the further affurance thereof to the buyers,
the faid boards refpeclively fhall give a certificate under the hand and feal of the
chairman unto the refpeclive buyers being inhabitants, citizens, and refidents of this
.ftate as aforefaid, and not tranfient, and of and belonging to any other ftate or go-
vernment except as herein after is provided and excepted, fpecifying the particulars
by them bought, the prices and time of fale; and every fuch buyer fhall thereupdnTermsofs^.
pay one fourth part of the amount of every fuch purchafe fo made by perfons within
the defcription of this acl, to the faid boards refpeclively for the ufe of this ftate;
and fhall give good and fufhxient fecurity by mortgage of the property fo purchafed.
68 CONFISCATION AND AMERCEMENT.
and alfo perfonal fecurity to be approved of by the faid boards rcfpeftively for pay-
ment of the remaining part of the purchafe money within three years after the day of
fale, with intereft for the fame, at the pate of eight per cent, per annum, to be paid
in the following manner, that is to fay : one third part of fuch remainder at the end of
one year, one other third part thereof at the end of two years, and the remaining one
third part at the end of three years, together with the whole of the intereft at the end
of each year refpeftively, to the ufe of this ftate, payable to the governor of this
Bond, taken to ftate for the time being, and all fuch bonds fhall be recorded in the fecretary's office of
J^wtary™ this ftate within ten days after they fhall be delivered to the governor as aforefaid; and
the faid refpeftive boards being fatisfied with the payment of the faid one fourth part
which fhall bedepofited in the public treafury to the ufe of this ftate, and of the fe-
curity given for payment of the remainder within the time aforefaid, fhall forthwith
order the particulars fo bought, paid for and fecured, to be delivered to the buyer or
buyers, his, her or their affigns; and in cafe any perfon or perfons, who fhall be the
higheft bidder for any fuch perfonal goods or chattels fo expofedto fale as aforefaid,
fhall make any default inpayment of the faid one fourth part of the purchafe monev,
or in giving approved fecurity as aforefaid, for payment of the remainder within the
time aforefaid, the faid boards refpeftively fhall and may order the refpeftive fheriffs
Terms of sale or fuch other perfon as they fhall refpeftively appoint, to proceed to a new fale of
b?re-wld!,d* t0 a*^ anf^ every *ucn perfonal goods or chattels for which fuch default fhall be made unto
any other perfon or perfons, as if no fale thereof had before been made.
?ut«SSemore Provided neverthelefs, That no one perfon or any perfon for his or her benefit or ufe,
fihve*nejm!2r fhall have a right or be permitted out of any or all the fale or fales which fhall or may
or fifteen6 a£e be made under and by virtue of this act, more than twenty-five negroes above the age
of fifteen years; and all purchafes of a greater number of negroes above that age by
any one perfon, or any perfon for his or her ufe, are hereby declared fraudulent and
void, and any and all negroes above that age and number which fhall or may be fold
contrary to the intent and meaning of this aft, fhall be demanded and taken from
any fuch purchafer, and again expofedto public fale.
«the"ut°ef5 Provided alfo, That any of the inhabitants and citizens of any of the United States
herefma^be who fhall aftually come within this ftate with notorious intent to fettle in the fame,
may be allowed to become purchafers at any of fuch fales, within the reftriftion
chfiTtoUre- aforefaid: And provided further, That no purchafer may be allowed, or permitted
state' to remove any fuch flaves fo purchafed as aforefaid without the limits of this ftate,
and that in cafe any perfon fhall, contrary to the intent and meaning of this aft,
within twelve months after the paffing and publication of the fame, remove or
carry from without the limits of this ftate any negro or negroes fo purchafed as afore-
faid, fuch perfon or perfons fhall for fuch offence, forfeit double the value thereof,
to be recovered by fuit at law, to the ufe of this ftate.
fiScat"Vpro°n" And be it further enacted, by the authority aforefaid, That all and every perfon
mlZ In «fxty_ or perfons, being friends to the independence of this ftate, who fhall claim, or pre-
barred. " ' tend to claim any right, title or intereft of, in or to any fuch real eftate of any perfon
herein and hereby attainted in and by this aft, fhall, within fixty days next after the
paffing and publication of this aft, by his*, her or their attorney, or otherwife, pre-
fer or exhibit the fame to the faid boards refpeftively; and in cafe no claim fhall be
preferred and exhibited within the faid fixty days of, in or to any fuch real eflates of
perfons attainted in and by this aft, all and every fuch eftate or eftatcs fhall be deem-
Fonyda.nft- ec^ free °^ encumbrances and charge; and the laid boards refpeftively may and fhall
ofreii duul" proceed to give public notice in writing of at leaf! forty days for the fale of fuch eftates
CONFISCATION AND AMERCEMENT. 69
in like manner as is required in and by this aft, in refpeft to the fale of perfonal
goods and chattels.
Provided neverthelef, That in cafe it fhall appear to any future legiflature, that any ™«£g*u£
infant or other perfon, being friends to the independency of this date, from being un- |^f0^hl,
der age or from any other unavoidable obftacle, could not prefer or exhibit his, her or *****
their claim or claims of, in or to any fuch real eftates, to the fa id refpeclive 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 aft to the contrary in anywife notwithftanding.
And provided alfo, That all fuch claimants fhall have and be entitled to every advan- claimant. may
tage of being heard by counfel or otherwife before the faid refpeclive boards as any boUhnesae:d by
such claimants may think fit. And provided further, That all, any and every fucb,dm
claimant or claimants, who fhall or may be difcontented with the determination of any peaitoihetu-
J r r 1 r penor court.
of the boards, refpeftively fhall have the rights of appealing from the lame to any
of the fuperior courts of this flate within the refpeclive counties.
And to the end that all fuch real eftates fo fold as aforefaid, may the more efleclu- Reai estate* to
ally be fecured, affured, and confirmed to the refpeclive buyers; Be it enabled by the Y\£fCKdit,e
authority aforefaid, That the faid boards refpeftively fliall caufe the refpeclive fherifFs ceV'^ere*,
or fuch other perfons as fhall be appointed by the refpeclive boards, immediately af-
ter good and fufficient fecurity as aforefaid fliall be given and taken from the refpeclive
buyers, payable within five years next after any and every fuch fale, to the governor
of this ftate, for the time being, fuch fecurity to be approved of by the faid boards
refpeftively, together with an intereft of fix per cent, payable annually to the gover-
nor as aforefaid, that then the faid refpeclive fheriff, or fuch other perfons as fhall
be appointed by the faid refpeclive boards, fhall at the proper cofls and charges ofm»dcS,tobc
every fuch purchafer, fign, feal and execute to every fuch purchafer, good and fuf-
ficient deeds of leafe and releafe for bargaining, felling, affuring, releafing, convey-
ing and confirming to every fuch purchafer, his or their heirs and afligns for ever,
every fuch traft of land or plantation fo to be fold and purchafed, and by virtue of
this aft, as herein before is mentioned and directed, which faid deeds of leafe and re-endors.ed.lj>'the
7 _ _ ' commissioners.
leafe fliall be certified by the refpeclive boards, by an endorfement on the deeds of
releafe, fpecifying the actual fale of the prcmifes, the conditions or purchafc money,
and the purchafer's name.
And be it further enacted, by the authority aforefaid. That all fuits which fliall or stdtstobe in
U 1 r i_ 1 • r i • 1 • 1 • n 1 Rename of the
may be commenced or cauleto be commenced in any 01 the courts within this Mate, by K°vcmur'
any of the faid refpeclive boards, under and by virtue of this aft, fliall be in the
name of the governor, in truft for and on behalf of this ftate.
And be it further enacted, by the authority aforefaid, That all bonds, bills, notes, B^afM »i«,
1 1 r lir 1 ^ • ,- J r 1 r . . ' &c. heretofore
conveyances by leaie and rcleaie or otherwile, transfers, exchanges, fettlements in m»dc> ralw-
truft or otherwife of any fuch eftates, real or perfonal, of or belonging to perfons
hereby attainted, made or entered into before or fince the faid nineteenth day of April,
in the year of our Lord one thoufand feven hundred and feventy-five, being fair and
for bonafde and valuable confideration, and not intended to iecure and keep the
fame from forfeiture and confiscation, fliall be deemed and held valid in law, any
thing herein contained to the contrary notwithftanding. Provided neverthelefs, That The board* to
the faid refpeftive boards fhall have and exercife the powers of examination and en- therein"9"''5
quiry, by fending for perfons, papers, and authenticated copies of records, by ad-
miniftering oaths, and otherwife? to difcover any and all collufions and frauds; and
Commissioners
to be sworn.
70 CONFISCATION AND AMERCEMENT.
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 con-
fifcation, is, and are hereby adjudged and declared fraudulent and void.
And whereas the well managing of the faid forfeited eftates is of the utmoft confe-
quence to the fafety and prefervation of this flate: Be it therefore enabled, by the au-
thority aforefaid, That the feveral commiffioners nominated by this a6l for the fettling
and difpofing the faid forfeited eftates, fhall each of them, before they enter on the
execution of their office, take the following oath before any magiftrate of the refpec-
theiroatu. tive counties, not being a member of any of the faid refpeftive 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 refpeflive duties required in and by an
act of the General Aflembly of this itate, entitled, " An acl for attainting fuch per-
fons as are therein mentioned," Sec. as a commiffioner for the county of
So help me God."
Topvebond And for the more effe&ual fecuring the benefits arifmg on fuch eitates, Be it enac-
thegover'nJr.0 ted, by the authority aforefaid, That the faid commiffioners, and each of them, fhall
give good and fufheient lecurity to the governor for the time being, in truft for the
ufe of this ftate, for the due and faithful performance of the truft repofed in them,
in proportion to the eftates fo entrufted to them, in manner and form following, that
is to fay :
Each of the commiffioncrs for the county of Chatham, five thoufand pounds.
Each of the commiffioners for the county of Effingham, two hundred pounds.
Each of the commiffioners for the county of Burke, one hundred pounds.
Each of the commiffioners for the county of Richmond, five hundred pounds.
Each of the commiffioners for the county of Wilkes, one hundred pounds.
Each of the commiffioners for the counties of Liberty, Glynn and Camden, five
hundred pounds.
Provided neverthelefs, that no one commiffioner fhall be fecurity for another com-
miffioner.
-i-o appoint the ^n^ be it further enabled by the authority aforefaid, That the refpe&ive boards do,
tuysot tiw sale. and they are hereby required to correfpond with each other, and to fettle different and
diftant days for felling of the eftates, real or perfonal, which fhall or may be fold un-
der and by virtue of this acl; and in order that all or any of the inhabitants of the
feveral counties may attend any fuch fales.
Anmonkssari- And to the end that all monies arifmg by means of all and every the fale and fales,
renVfc? tobc" rents, iffues, and profits of any fuch eftates fo vefted in this ftate as aforefaid, may be fe-
ueasury. "c cured and applied to the ufes and purpofes directed by this a£t, Br. it therefore enabled
by the authority aforefaid, That the faid refpeftive boards fhall and they are hereby
directed and required to pay into the public treafury of this ftate, all and every fum
and fums of money which fhall or may come into their hands refpeclively 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 refpeQive boards: And
the treafurers for the time being, are hereby direQed and required to make and fub-
fcribe three receipts for every fuch fum of money of the fame tenure and date, and to
deliver one of fuch receipts to the governor for the time being, one to the faid refpecf -
ive boards, and the remaining one fhall be lodged in the fecretary's office of this
ftate.
dfcboalds!" And be it further enabled by the authority aforefaid, That in cafe any of the
trow fiued. commfiioners appointed in and by this acl fhall die, or refign their appointments,
CONFISCATION AND AMERCEMENT. 7i
or refufeor neglect to aft in the recefs of the legiflature, then the governor and coun-
cil for the time being are hereby authorized and empowered, to appoint forne proper
and difcreet perfon or perfons to aft in the room, or ftead of any fuch perfon or per-
fons who fliall or may die, or refign, refufe or negleft to aft as aforefaid.
And whereas the fheriffs of the feveral counties, or fuch other perfon or perfons compensation
who fh all fell any part of the confifcated eftates, will be put to confiderable trouble for SeTvkra«n-
in felling the feveral eftates ordered to be fold by this acl, and it is butjuft and right "e
they fhould receive an adequate compenfation for the fame : Be it therefore enacted,
by the authority aforefaid, That the feveral fheriffs, or fuch other perfon or perfons
who fliall fell at public outcry the feveral eftates directed to be fold by this act, or
any of them, or any part of them, fliall be allowed for their trouble therein the fol-
lowing commiffions, to wit, To the fheriffs, or fuch other perfon or perfons who
fliall fell the faid eftates, in the county of Chatham, five fhillings on every hundred
pounds value fo fold, received and paid; and to the fheriffs, or fuch other perfon or
perfons who fliall fell the faid eftates, in the county of Effingham, Burke, Richmond,
Wilkes, Liberty, Glynn and Camden, fifty fhillings on every hundred pounds value
fo fold, received and paid, in each of the faid counties, to the amount of ten thou-
fand pounds, and for all fums above the amount of ten thoufand pounds, five fhil-
lings on every hundred pounds value fo fold, received and paid.
And to the end that all monies arifing from the faid fales be more effectually . fo^le^urity
fecured and applied to the public ufe: Be it therefore enabled by the authority afore- ;Jior.he E°vcr"
faid, That the refpective boards are required to demand a reafonabie fecurity of the
refpective fheriffs or other perfons, for the due and faithful performance of their of-
fices in felling the eftates both real and perfonal, forfeited, and confifcated by this aft
and directed to be fold, which fecurity fhall be made payable to the governor for the
time being, in truft for the ftate, and fhall be filed in the fecretary's office of the fame,
there to remain as matter of record.
And be it further enatled by the authority aforefaid, That the faid refpective boards wivesandcMi-
, J i • ' ■ "i i J' ' ' V u i • dren of attaint-
DC, and they are hereby authorized and empowered to allow and appropriate any part a{|j£eda8w be
or parts of the eftate or eftates, real and perfonal, of every perfon or perfons, at- [$&
tainted in and by this aft, who hath or have left a wife or wives, child or children be-
hind him or them, and who are yet and (hall continue to remain within this ftate, for
the fupport and maintenance of fuch wife or wives, child or children; Provided, that
fuch allowance and appropriation do not exceed the one half part of any fuch eftate,
except in cafes where the one half part of any fuch eftate fhall be found to be infuf-
ficient for their 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 aforefaid, any
further part, or the whole of any fuch eftate or eftates.
And be it further enacted, by the authority aforefaid, and it is hereby enabled and de- Money
dared, That all fum and fums of money arifmg from all and Angular the fales of.appWi
both real and perfonal eftates fo to be made as aforefaid, fliall be employed towards
calling in and finking the certificates and bills of credit iffued by this ftate for the
public fecurity and defence, and towards defraying and difcharging the quota of this
ftate of the expences and difburfements of the United States in the prefent war with
Great Britain; and the remainder of the fame fhall be appropriated as a fund for the
future fupport of this ftate, fubjeft to the difpofal of the General Affembly of the
fame.
And be it further enatled, by the authority aforefaid, That this fhall be deemed a^,,,.,.^
public aftj and may be given in evidence in any of the courts of record within this JJf^eSTthe
out of
arising
from the sales,
iation.
general Issue.
CONFISCATION AND AMERCEMENT.
flate, without any fpecial pleading; and in cafe any perfon fhallbe fued or im plead -
ed for any thing done under this aft, and judgment by vcrdift or otherwife fhall be
pafled againft him, fuch perfon fhall recover double cofts.
Bv order of the Houfe,
N. W. JONES, Speaker.
March lft, 1778.
Preamble.
Verms of sale
In the aOi of
attainder re-
pealed
An aB to alter and amend a clavfe or claufes of an atl entitled u An aft, for attainting
fnch perfons as are therein named of high treafon, for con fife ating their eflates, both,
real and perfonal to the nfe of this fate, for ejlabhfliing boards of commiff oners for
the f ale of fuch e fates, and for other pur p oft s therein mentioned,' and for the bet-
ter and more effectual carrying the other purpofes of the f aid atl into execution.
WHEREAS in and by an aft of this Mate, paffed for attainting perfons therein
mentioned of high treafon, and for conhfeating their eflates both real and
perform!, to the ufe of this ftate, for eftablifhing boards of commiflioners for the
fale of fuch eflates, and for other purpofes therein mentioned, It is enabled among
other things, That every buyer of perfonal goods and chattels, fo direfted to be fold,
fhall pay one fourth part of the amount of every fuch purchafe fo made by perfons
within the defcription of the faid aft, to the faid boards refpeftively for the ufe of the
faid ftate, and fhall give good and fufficient fecurity, to be approved of by the faid
boards, refpeftively, for payment of the remaining part of the purchafe money,
within three years after the day of fale with interefl 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 interefl at the end of each year refpeftively, to the ufe of this flate, pay-
able to the governor of this ftate, for the time being: And whereas, it is direfted that
the real eflates of fuch perfons as are mentioned in the faid aft of attainder and confif-
cation fhall be difpofed of and fold at a credit of five years paying interefl for the fame
at the rate of fix per cent, per annum. And whereas the powers veiled in the faid
feveral boards of commiflioners appointed and conftituted in and by the faid in part
recited aft are repealed, and the faid boards refpeftively abolifhed and the powers and
authorities given to the faid commiflioners are, by a fubfequent aft of this ftate,
veiled in the legiflature of this flate; And whereas it is deemed expedient for the ad-
vantage of this ftate, and the better to carry the purpofes of the faid aft of attainder
into execution, that the terms prescribed in the faid in part recited aft with regard as
well to the fale of the perfonal goods or chattels, as the real eftate thereby direfted
to be fold, fhould be changed: Be it therefore enabled, and it is hereby enabled, by the
representatives of the freemen of the fate oj Georgia, in General Affembly met, and by
the authority of the fame, That from and immediately after the palfing 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 direfted to expofe to
public fale, to the higheft bidder, the perfonal goods and chattels of fuch perfons
mentioned in the faid aft; and that all fume of two hundred pounds and under be
• CONFISCATION AND AMERCEMENT. 73
cafli; all above two hundred pounds to be half cafn, the other half one year 's ftSfjl?"'
credit, with intereft from the delivery ; land fecurity to be taken for all fold on ere- SSr^Sd?S
dit, and four per cent, to be allowed for prompt payment on the parts for credit, bSw thatsim
before the delivery of fuch goods and chattels. yw'swedkoa
2. And be it further enabled by the authority aforefaid, That the faid fheriffs be, andwituiatoeL
they are hereby direfted to fell and difpofe of the real eftate directed to be fold as a- be paid down
foreiaid, to the highed bidder, the one fourth part of the purchafe money to be paid «*' espies.
" ' O ' r r J i Credit for one
at the time of fuch fale, and the remainder in three equal payments, yearly, together t£°rsa°ftn^e£t
with intereft from the day of fale, at the rate of eight per cent, per annum, and the pr^ent Aa*-
faid fheriffs (under the infpeclion of a committee appointed by the houfe) are hereby
direcled to demand, and take of fuch buyer of real eftate, fo fold as aforefaid, good with mortga-
and furhcient fecurity by mortgage on the premifes, and other fecurity as may he ne- Sisess-.*£r4t°-
ceffary for the fafety of this ftate, for the faithful payment of fuch remainder of pur-
chafe money fo due and to be paid as direcled by this acl.
3. And be it further enabled, by the authority aforefaid, That the refpeclive fheriffs in Titles, iwwt,
each county in the faid itate, be and they are hereby authorized and empowered to
make and execute title or titles 10 fuch perfon or perfons as may purchafe any part
or parts of the faid confifcated eftates, either real or perfonal, and that fuch title or
titles be, and they are hereby declared to be, valid in law.
By order of the Houfe,
N. W. JONES, Speaker,
Oclober 30, 1778.
An aB to compel non-rcfi dents to return within a certain time or in default thereof, thai
their eflates be confifcated, and for confifcating the eflate of William Knox, Efq.
formerly provofi marjlial, of the then province, noiv ftate of Georgia.
i. T 71 7HEREAS great indulgence hath already been granted to perfons refiding in Preamble.
V V the dominions of the king of Great-Britain holding property within this
flate; And whereas it is neceffary that fuch perfons mould fhare with the good
people of this ftate, the expence and danger of defending the fame; Be it therefore Estates of per-
enabled by the reprefentatives of the freemen of thefiate of Georgia in General AfiJ em -tht£rilh£l£
bly met, and by the authority of the fame, That the eftates of all perfons above the age fdfeduniS.'
of twenty-one years refiding in the dominions of the king of Great-Britain, fituate and theVateUand0
being within this ftate, who mail not within twelve months next after the palling of this oath^Vtwn;
acl come within the fame and take and fubferibe the oaths of the ftate as direcled and
required by the conftitution and laws thereof, fhall be forfeited, confifcated, and fold
to the ufe of the ftate, and the monies arifing therefrom applied to the like ufes, as the
monies arifing from the fales of the eftates under the acl of attainder and confifca-
tion, Provided, That nothing in this acl fhall be conftrued to extend to per-
fons difabled by a former acl of this houfe, entitled an acl for attainting certain per-
fons therein mentioned of high treafon for confifcating their eftates both real and per-
ibnal to the ufe of this ftate.
2. And whereas William Knox hath by a long train of inimical a£ts forfeited aliWiliam Kn***
and every degree of right to protection of property within this ftate, and hath been very
aclive in advifing and continuing the miferies and calamities with which the good peo-
K
74 CONFISCATION AND AMERCEMENT.
MnlxMcdwS pie of this ftate have been affliBed : Be it further enabled, by the authority aforefaid,
That the eftate of the faid William Knox, both real and perfonal, be fold under the
regulations of the aft of attainder, and the monies arifing from the fales be applied to
the ufes directed by the faid law.
By order of the Houfe.
N. W. Jones, Speaker.,
November 15th, 1778.
An abl declaring certain perfons, who are therein defcribed, citizens of this fate, and
Jor burying in oblivion certain high crimes and mijdemeanors.
mamwe. T 71 THERE AS numbers of perfons did, on or about the time of the Britifh troops
V V taking poffeffion of the back parts of this ftate, receive and take the Britifh.
protection or oath contrary to their allegiance to this ftate; And whereas the faid fe-
veral perfons have fince that period (convinced of the illegality of fuch their pro-
ceedings and mifdemeanors) fhewn their attachment and loyalty to the United States,
by rifquing their perfons and engagements, and teftifying it by various other aflions.
1. This feftion excluding certain perfons from the right of citizenfhip repealed
by a£t of 1782.
persons entitled 2. And be it further enacted by the authority aforefaid. That all perfons having taken
tcj tr.e rignts of -' . i '■ • i: i n 1 ■ •
citizen^;?.., protections as aforefaid, and have joined the army oi this or the United States, on or
before the fifth day of June laft paft, fhall be looked upon as citizens, and entitled
certain cxcep&o ail the liberties and privileges of free people, except thofe who have been guilty
of murder or plundering, or diftrefling the peaceable inhabitants of this or any other
ftate.
onwhareerv 3. And be it further enabled by the authority aforefaid) That all perfons who fhall
toremrkowe come in a\nd join any regiment in this ftate, on or before the firft day of October
next, not guilty of any of the offences above defcribed, and fhall give fecurity to
Hand 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
Ta0thak*an a^ tne liberties of a free citizen, and fhall take and fubferibe the following oath before
the commanding officer of the difirict in which fuch perfon may re fide or belong, viz.
Theoath. " I A. B. do folemnly fwear or affirm, without any equivocation or refervation of
mind, that I do in truth and fincerity, cheerfully and defiroufly, renounce and ab-
jure the king of Great-Britain, his heirs and fucceffors, and alfo the crown thereof
forever: And I do further folemnly fwear or affirm, that I will bear true allegiance
to the ftate of Georgia, and do everything in my power to fupport the independence
of the fame, agreeable to 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 emifiaries or fpies
againft it, which fhall come to my knowledge, I will immediately make known to
the officer commanding the diftri6t I belong to, or the neareft juftice of the peace.
So help me God."
certainaasto 4* ^n^ be it further enabled, That if any perfon or perfons herein before men-
iStHa&f tioned, who have heretofore taken the faid proteclion or oath fhall hereafter take or
CONFISCATION AND AMERCEMENT. 75
receive either of ihem as a Britifh fubjecl, or (hall fpeak in favor of the Britifh king
or his vafials, or fhall take up arms in aid thereof, or fliall fpeak againflt the legality
of congrefs, or the independence of this or the United States, or refufe to take up
arms againft the enemies thereof when required, in either cafe fhall fuffer death or
banifhment, at the option of the jury,
5. And be it further enabled, That this aft fliall be looked on as a public acl, andpub!;ea*'
be given as fuch in evidence.
6. And be it further enabled, That this acl fhall be and continue in force for and c«t!««a«es-
during the fpace of three years, and from thence to the end of the next feffion of the
General Affembly, and no longer,
By order of the Houfe,
JOHN JONES, Speaker,
Auguft 20, 1781.
An abl to amend an &B declaring certain perfons therein defcribed citizens of this flatty
and for burying in oblivion certain high crimes and mif demeanors.
1. IT T HERE AS the faidaft paffedon the twentieth day of Auguft lad, hath been pretawe.
\\ found inadequate to the purpofes intended. Be it enabled by the rcprefenta- r\r* clauses
the above a St
lives of the freemen of theflate of Georgia, in General Affembly met, and by the autho- repealed
rity of the fame, That the firft daufe in the faid acl, which refpecls officers, fhall be
and the fame is hereby repealed and of no force or effect whatever, any matter or
thing contained in the fame to the contrary notwithftanding.
2. And be it further enacted, by the authority dforefdid, That this a£t fliall be deemed a h*«caa
public acl, and given as fuch in evidence.
By order of the Houfe,
WILLIAM GIBBONS, Speaker,
Augufta> January 12, 17826
An abl, for amercing certain per fons therein named, and for other pur p of es therein men-
tioned.
WHEREAS many perfons have withdrawn themfelves from the defence of this prMmwe,
ftate, feme of whom bore high and important trufts, or commiflions under the
fame, accepted protection from the enemy in utter contempt of the authority of the
ftate, and to the evil example of fociety ; and forgetting all the focial ties of kindred
and humanity, did aflifl: in endeavoring to enforce the laws of Britifh government, and
overturn that mild and equitable fyftem of government, which they had afiifted to
raife, and which it was their duty to fupport; And whereas it is but jufl and reafonable^
that the eftates of fuch perfons, both real and perfonal, be amerced, and that a due
difcrimination fhouid be made; Be it therefore enabled by the reprefentatives of ihzfree- ComwAtAo
men of the flate of Georgia in General Affembly met, And by the authority of the fame, ^ory^fe-
That the commiffioners appointed for carrying into execution an aft* entitled li An SiSw-
acl; for inflicling penalties on, and confifcating the eftates of fuch perfons as are there- med*
in declared guilty of treafon, and for other purpofes therein mentioned," fhalls with-
2
76
CONFISCATION AND AMERCEMENT.
Amercement of
eight percent.
Persons refu-
sing to give an
artoiwtof their
property, for-
feit double
amercement.
"Money- arising
under this a<ft
to be paid into
toe treasury.
Ten per cent,
allowed on
irv two months after paffing this act, take an inventory and appraifement of the eftates
of the perfons herein after mentioned, viz. Thomas Polhil, Sir Patrick Houftoun,
John SutclifFs, George Bafil Spencer, Thomas Wylly, William Struthers, Amos
Whitehead, M'Carten Campbell, James Lambert, Andrew M'Lean, John Irvin,
George Cuthbert, Benjamin Farley, John Goldwire, and Thomas Johnfton, and
within four months thereafter, take out the amercement herein after mentioned, that
is to fay, twelve per cent, on the true and equitable value of all fuch eftates both re-
al and perfonal, of the perfons herein before mentioned ; and that the faid commiffion-
ers or a majority of them mall inventory and appraife the eftates of the perfons here-
in after named, viz. William King, John Lowerman, Smith Clarendon, Stephen
Millen, Jofeph Cuthbert, Jofeph Fox, Luke Mann, Thomas Walker, Nicholas Ca-
venah, David Cavenah, Peter Winn, heirs of George Walker, David Johnfton,
James Johnfton, David Delegal, Benjamin Wilfon, Robert Baillie, George Houftoun,
James Mailman, David Douglafs, William Stephens, and take out the amercement
hereafter mentioned, that is to fay, eight per cent, on the true and equitable value of
all fuch eftates both real and perfonal, which faid amercement fhall be paid by the
feveral perfons herein before named, into the treafury of this ftate, within fix months
from and after the paffing of this act ; and that the faid perfons herein before named,
mall 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 pof-
fefTed of, or which others may or do hold in truft for them, within forty davs from
and after the paffing of this act ; and in cafe of refufal or neglect, the faid commiffion-
ers or a majority of them are hereby empowered, authorized and required to have the
eftates real and perfonal, of the perfons herein before mentioned, appraifed by three
free-holders, who fhall be fworn for thatpurpofe; and the faid perfons fo neglecting
or refufing as aforefaid, fhall forfeit double the amount of their refpeftive amerce-
ments, which fhall be recovered by fale, out of any part of their real or perfonal ef-
tates.
2. Refpefting military regulations. Obfolete.
3. And be it enacted. That the commiffioners or a majority of them, are hereby re-
quired to deliver all monies which they may receive by virtue of and in purfuance of
this act, as well as all inventories and appraifements, and a copy of their accounts once
in every thirty days, to the treafurer of this ftate, who is hereby authorized to give the
faid commiffioners or a majority of them a fufficient receipt for fuch fum or fums as
may be by him received.
4. Reflecting military regulations. Obfolete.
5. And zuhereas it will be of great fervice to the ftate in recruiting the continental
battalion, to receive all or a part of the different amercements immediately, Be it en-
acted by the authority aforefaid. That any perfon or perfons amerced as aforefaid, who
fhall within thirty days from and immediately after the paffing this act, pay or caufe
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 aforefaid,
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 or
amerced as aforefaid, who fhall within thefpace of three months, fo pay or caufe to
be paid all or any part of his faid amercement, as aforefaid, he or they fhall be entitled
to, and allowed a deduction of five per cent, any matter or thing herein contained to
the contrary thereof notwithftanding.
CONFISCATION AND AMERCEMENT. 77
6. And be it further enatfed, That any perfon or perfons fo amerced as aforefaid, wf'forin-
who mall within thirty days recruit or inlift any able bodied foldier for the cont.inen-h5tingsuldiers'
tal battalion and produce a certificate thereof within the faid time lhall be allowed a de-
duction from his faid amercement of the fum of forty pounds ; and where any fuch
perfon mail 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 his faid amerce-
ment, fubjeft however to no other dedu ft ion whatfoever.
7. And be it further enaBed, That all and every perfon and perfons named in this Personj ,.ereia
aft fhall be, and he and they is and are hereby declared to be difqualified, and ren- qSffiedfor
dered incapable to ferve on any jury, or to vote at any election for members of Affem- tw°years-
bly, or to ferve in the fame, for and during the fpace of two years from and after the
paffing of this ad; but fuch perfon and perfons are hereby declared to be in
all other refpefts reftored to the rights of citizenfhip within this flate, on complying
with the terms of this aft, and taking the oaths of allegiance before any of the affift-
ant judges of the county to which they refpeftively belong, in as full a manner as if
the aft of confiscation before named had never been made, or as any other American
citizen doth enjoy the fame, fubjeft only to the difability in this aft contained; and
all offences of a public nature (murder only excepted) fhall in regard to fuch perfon offen«i,except
and perfons be for ever buried in oblivion, faving only the right of civil; actions as to riedinobiivion,
any perfon or perfons who may apprehend him, her or themfelves aggrieved by fuch v?iaau»n».oc
perfon or perfons named in this aft.
8. And whereas certain parts of the eftatesreal and perfonal, of feveralof the per- Further pow„
fons named in this aft, have been under former laws fequeftered and applied to pub- £is°fon«^omr
lie ufe, and other parts have been fold, and difpofed of under and by virtue of a
certain aft, of confifcation, paffed at Augufta on the fourth day of May laft paft,
and entitled " An aft for inflicting penalties on, and confifcating the eflates of fuch
perfons as are therein guilty of treafon, and for other purpofes therein mentioned,"
Be it therefore enabled by the authority aforefaid, That in all cafes where any part of the
monies have been received, or property in lieu thereof taken and applied to public
ufe, the amount of the fame fhall be acknowledged and received by the commiffioners
appointed in and by this aft, as fo much of the amercement of fuch perfon or per-
fons refpectively ; and in all cafes where any part of the eftates, real and perfonal, of Purchasers of
the faid perfons or any of them named in this acl;, hath been fold or difpofed of by therein""
the faid commiffioners, it fhall and may be at the option of the purchafer or purcha- imlpshTo? re
fers either to give up his, her or their purchafe, or to keep the fame. In the latter at0 t*eireoptfoa.
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, Thegovemot
mortgages and other fecurities taken for the fame by the faid commiffioners from the^ch^plr'son.an
faid purchafer and purchafers, and thereafter the faid bonds, mortgages and other touching %e
fecurities, with the monies thereon due and to grow due, to hold to fuch perfon and estate. sai
perfons refpeftively, to whom the fame are fo affigned as aforefaid, and their refpec-
tive heirs, executors, adminiftrators and affigns, ablolutely for ever; and in this
cafe no fuit or aftion fhall be brought againfl the faid purchafer and purchafers, for
the fpace of two years from January next, and then whatever would be deemed a
good payment to the public, mall 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 purcIiaserre,
the faid purchafer or purchafers under the faid confifcation aft fhall choofe to give JS^yrfw*
up his, her or their purchafe, he, me or they {hall have power fo to do, and the eftate owner.0"61"*1
?3
CONFISCATION AN» AMERCEMENT.
Estates rfsuch
perfons unsold,
re tored.
S :V.ea to nay.
ii'-cnt of com-
missioners.
T'-e state to
warrant the
sales made by
Commissioners.
fjnm'ssioners
owed one
per cent and
reasonable ex-
pellees.
Persons con-
cealing any
part of their
property, to
forfeit it.
real or perfonal purchafed by fuch peiTon or perfons being re-delivered to the owner
or owners in this act named, the laid purchafer or purchafers fhall be entirely ac-
quitted and releafed from all claim or concern in the faid eftate, and the fame fhall
hold to the faid original owner or owners, his, her or their heirs, executors, admi-
niftratofs and afligns forever, fubject only to the amercement in this act fpecified and
contained.
9. And be it further enacted by the authority aforefaii, That all fuch parts of the ef-
tates of them the faid feveral perfons herein before named, either real or perfonal,
which have not been already, and before the paffing of this act, fold and difpofed of,
by thecommiffioners aforefaid, fhall be, and the fame is hereby declared to be fully,
truly and abfolutely reflored to them the faid feveral perfons herein before named
refpectively, and their refpective heirs, executors, adminiftrators and afligns for-
ever in as full and ample a manner, to all intents and purpofes, as if the faid act of
confutation paffed at Auguftaas afore faid had never been made.
10. And be it further enacted by the authority aforefaid, That the faid feveral perfons
herein before named fhall pay and fatisfy the commiflioners the full amount of their
commiffions refpectively, on the falesof fuch part of their eftates as have been fold.
1 1. And be it enabled by the authority aforefaid, That the ftate will and do guarantee
and defend the commiflioners appointed by this act, or a majority of them, m all their
proceedings for carrying the powers and authorities given them into full effect, and
w ill alfo warrant and forever defend all and every Tale or fales which the faid commif-
lioners, or a majority of them, fhall make to any purchafer or purchafers of any part
or parts of the eftates of the aforenamed perfons.
12. And be it enacted by the authority aforefaid, That the commiflioners for carry-
ing this acT into execution fhall be allowed one pound for every fuch hundred pounds
placed in their hands, and paid by them agreeably to the meaning of this aft, toge-
ther with an allowance for fuch reafonable charges as may accrue from the execu-
tion of the fame.
13. And be it further enacted, That if any perfon named in this aft fhall fraudu
lently make over or remove, or conceal any part or parts of his or their property,
with intent to defraud the ftate, fuch perfon or perfons fhall forfeit all and every fuch
part and parts of his or their eftates fo made over, removed or concealed, on fat-
isfaftory proof being thereof made before any court of record within this ftate.
14. And be it further enacted by the authority aforefaid, That this aft fhall be
deemed a public aft, and fhall be confidered in the molt beneficial manner for the
intereft of this ftate.
JAMES HABERSHAM, Speaker.
Savannah, Auguft 5, 1782.
Preamble
An act for amercing certain perfons therein named and admitting others to the rights of
citizenfhip, and for other purpofes therein mentioned.
1.TT7HEREAS the legiflature of this ftate by their resolutions, paffed in the year
V V one thoufand feven hundred and eighty -three, and eighty-four, relieve from
the pains and penalties of banifhment, as directed by the act of this ftate, for inflict-
ing the pains of banifhment and confifcation of perfons therein named, and directed
that the names of the following perfons fhall be taken from the act of confifcation, and
placed on the amercement act, and that the amercement fhould not exceed twelve
CONFISCATION AND AMERCEMENT. 79
per centum: And whereas the prefent legiflature have agreed to take others in like
lituation from off the act of attainder, viz. Andrew Johnfton, Timothy Barnard,
Ifaac Delyon, Alexander Carter, Alexander Role and William Durgan : Be it. there- certJnper-
fore enabled by the reprefentaiives of the freemen of the /late oj Georgia, in General from^hcpenai-
Affembly met, and it is hereby enacted by the authority of the fame, That Thomas o^-o'v,f~.-zik
Young, Raymond Demere, jun. John Glen, Levi Sheftall, Thomas Gibbons, t^T"
Ifaac Heaton, ifaac Downie, Thomas Beatty, Robert Porteous, James Spalding,
Alexander Creighton, Andrew Johnfton, Timothy Barnard, Ifaac Delyon, Alex-
ander Carter and Alexander Rofe, be and they are hereby feyerally relieved from
the pains of the (aid act of confifcation and banifhment.
2. And be it further enacted by the authority aforefaid, That the eftates both real ™\elrnd^S}1.
and perfonal, of the faid Thomas Young, Raymond Demere, jun. John Glen, *^=;^°
Levi Sheftal, Thomas Gibbons, Ifaac Heaton, Ifaac Downie, Thomas Beatty,
Robert Porteous, James Spalding, Alexander Creighton, Alexander Role and
Ifaac Delyon, are hereby amerced and made fiibject to twelve per centum: and
that Andrew Johnfton, Alexander Carter and William Durgan mail be fubject to
pay one per centum only, as an amercement on fijeh property as they may pollefs;
and that Timothy Barnard be fubject only to one quarter per centum; the fame to be
paid within twelve months to the treafurer or commiffioners of confifcated eftates,
for the ufe of this ftate, (all perfons neglecting to pay the fame in the time limited
fhal! be liable to pay double that fum) to be paid in fpecie and nothing elfe.
3. And be it further enacted ly the authority aforefaid, That the faid Thomas {^SSSm.
Young, Raymond Demere, jun. John Glen, Levi Sheftall, Thomas Gibbons, I faac u"enr?g"?bo]°y
Heaton, Ifaac Downie, Thomas Beatty, Robert Porteous, James Spalding, Alex- ci;iz£1,shiP»
ander Creighton, Andrew Johnfton, Timothy Barnard, Ifaac Delyon, Alexander
Carter, William Durgan, and Alexander Rofe, fhall return to, enjoy and ppflefs
every right of citizenfhip in this ftate, any thing in the faid act of confifcation to
the contrary notwithstanding : Provided always, That the faid Thomas Young, Ray- under certain
mond Demere, jun. John Glen, Levi Sheftall, Thomas Gibbons, Robert Porteous, founera year*
James Spalding, Alexander Creighton, Andrew Johnfton, Ifaac Delyon, and Alex-
ander Rofe, fhall not be permitted to vote at elections, hold offices under the
government, or be eligible to a feat in any of the departments thereof, until fourteen
years fhall haveelapfed from the paffmg of this act : And provided aljo, That Thomas
Gibbons fhall not plead or practice in the courts of law of this ftate for the faid term
of fourteen years.
4. And be it further enacled, That all fupplies that have been taken from the above j»oit9bepaid
mentioned perfons, for the ufe of the army or payment of any of the foldicrs, £havll kenfrlLtuem"
not be brought in charge againft this or theUnited States.
5. And be it further enacted by the authority aforefaid, That John Mullryne and ^^™8
Solomon Kemp, two perfons named in the faid a£l of banifhment, fhall be, and they ^^Su*
are hereby permitted to be and remain in this ftate for and during the term of fevenstatc
years, without moieftation or injury in refpecf to their perfons for or on account of
the faid a£f, and all and (insular the eftates, real and perfonal of the faid Solomon Estateof soio-
Kemp, which now remains unfold by the commiffioners of forfeited eftates fhall be, ^dWdMa?
and the fame is hereby gratukoufly given to and veiled in the wife and children of
the faid Solomon Kemp, for and notwithftanding the faid act of confifcation, or other
matter or thing appertaining to the fame; fuch property fo given to the faid wife and
children of the faid Solomon Kemp, to be nevcrthelefs fubject and liable to a proper- fr"^"/t^ay*
tionable part of any debts he may owe ; Provided neverthelejs: That, for all property *tUU-
-8o " 'CONFISCATION AND AMERCEMENT.
.. "crtk.rtl.lvf real and perfonal, heretofore belonging to any of the perfons aforefaid, that has been
fold by virtue ofthe act of confifcation and attainder, the auditor fhal!, and he is here-
by required to give fuch perfon, the former owneror' the laid property, a certificate for
a fum equal to the amount of the fale of fuch property.
Nrcos™rt t!olf at- ^' ^n^' be'it ' further enaBed by the authority aforefaid, That it fhall and may be law-
ivinyrbe? "rcha- ^ ^or an-y citizen of this ftate, or any ofthe United States, to purchafe and bring in-
stat°.utofthe to ^lls ftate? an^ thereafter to hoki any negro or other (lave, the property of any per-
fon named in the act of confifcation and banifhment, Provided fuch negro or other
Have has not been fold by the commiffioners of confifcated eftates, and was without
the limits of this ftate, at the time fuch purchafe was made, any thing in the act of con-
fifcation to the contrary notwiihftanding.
tFvfdTo"heV^ht. 7. And whereas William Welfcher, Malcom Rofs, James Farre, Donald M'Leod,
ls ip' William Thompfon, John Milne and David Leion, come within the provifo ofthe
alien act, having applied for the rights of citizenfhip previous to the pafTmg thereof,
Be it therefore enabled, That from and immediately after pairing this act, the faid Wil-
liam Welfcher, Malcom Rofs, David Leion, James Farre, Donald M'Leod, William
Thompfon and John Milne, fhall be, and they are hereby declared free citizens of
this ftate, any thing in the faid alien act to the contrary thereof notwithstanding.
By order ofthe Houfe,
JOSEPH FIABERSHAM, Speaker.
Savannah, February 21, 1785.
An ablfor the confifcating the efates of certain perfons therein defcribed, and for the
providing funds for defraying the contingent expence of this fate.
Preamble.
WHEREAS it is abfolutely neceffary a fund mould be raifed for the defraying
the contingent and neceffary expences of this ftate, which muft and will ac-
crue ;
And zuhereas numbers of difaffected perfons have deferted the grand caufe of Ameri-
ca, and have joined the troops and forces ofthe Britifh tyrant, contrary to the allegi-
ance they owed the United States, many of whom have left large eftates which reafon
and policy dictates mould be applied to the ufes of government :
sm perSson»s ef i. Be it enabled by the representatives of the freemen ofthe /late of Georgia in General
^jh«nesh,ecoa-" Affembly met, and it is hereby enabled by the authority of the fame, That from and imme-
diately after the pafling this act, the eftates and poflelfions of what and every nature
foever within this ftate, of all and every perfon and perfons who mall now be, or may
have been within the Britifh lines, as Britifh fubjects, and who are not included in the
act of confifcation paffed on the firftday of March in the year of our Lord one thou-
fand feven hundred and feventy-eight, or in the act for burying in oblivion certain,
high crimes and mifdemeanors, paffed the twelfth day of Auguft one thoufand feven
hundred and eighty-one, or in the amendment thereof, paffed this prefent feffion, or
who are not at this time looked on and refpected as citizens of this ftate, fhall be, and
they are hereby confiscated, to and for the ufe ofthe fame,
certificate? t« 2. And be it further enabled by the authority aforefaid, That in order to defray the
eredftofaieh expence of government as aforefaid, there fhall be certificates iffued on the credit
Smsitd^ne °^ tne ^^ eftates to tne amount of twenty-two thoufand one hundred pounds fpecie.
poundt1 which faid certificates fhall be drawn in the manner following, viz.
CONFISCATION AND AMERCEMENT.
8;
This certificate for the fum of fhall be received in payment at the fales
of confiscated eftates as fpecie.
3. And whereas a great demand will be in the quarter mailer's and commiffary's
department, Be it enabled by the authority aforefaid, That the heads of the laid depart-
ments on making contracts for provifions or other neceffaries for the armies or other
ufes of this ftate, or in fettling thofe already made, fhall give the perfon or perfons 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 the
governor, for the time being, who, on examining and confirming the fame is hereby
empowered to iffue certificates as aforefaid in favor of the perfon or perfons fo pro-
ducing the faid temporary certificates for the amount of the fame, fo as the whole
certificates iffued for the faid departments do not exceed the fum of three thou land
pounds, fpecie ; and the faid quarter mafters and commiffaries are further required
to deliver in monthly returns to his honor the governor, fairly ftated, of all fuch con-
tracts by them made as aforefaid, within the fame, which faid returns fhall be register-
ed and filed in the fecretary's office.
4. And be it further enabled, That his honor the governor, for the time being, be
empowered to draw certificates as aforefaid, to the amount of five hundred pounds
fpecie to defray fuch neceiTary fervices as may be deemed expedient by him and the
honorable the executive council.
5. And beit further enabled. That his honor the governor as commander in chief of
the militia, be empowered to draw a further fum of one hundred pounds fpecie, for fe-
cret fervice.
6. And be it further enabled, 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 horfesfor the troop to be kept
•up in the ftate legion for the defence of this ftate.
7. And be it further enabled, That his honor the governor for the time being, be fur-
ther empowered to iffue certificates as aforefaid for the further amount of fifteen thou-
fand pounds fpecie, to pay off the arrears of the militia of this ftate; and in order that juf-
tice be effectually adminiftered in the faid payments, thecaptains of the companies of the
refpective 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 faid pay-rolls
fhall be certified by the commanding officers of the refpeclive regiments as aforefaid,
who are hereby required ftrictly to examine the fame, that the faid certificates for the
fervice aforefaid, fhall be iffued in the names of the feveral perfons who have done
the duty feparately.
8. And be it further enabled, That his honor the governor be empowered to iffue
certificates for the further amount of two thoufandfive hundred pounds fpecie, if ne-
.ceffary, to defray the expences of the civil lift.
9. And be it further enabled, That his honor the governor be further empowered
to iffue certificates for the amount of five hundred pounds fpecie for the paying oft
the officers and privates reduced of the legion dragoons agreeable to the time they
have ferved.
10. And be it further enabled, That the faid certificates fhall be iffued in payment
and contracts on account of the ftate at the rate articles fold for during the years one
thoufand feven hundred and feventy-four, and one thoufand feven hundred and fe-
venty-five, except corn, which fhal] not exceed two fliillings and fixpence per bufLel.
L
Ccrtifiotf.
Quarter mas-
ters and com-
missaries to
issue certifi-
cates M be ta-
ken up by the
aforesaid certi-
licatcs,
Five hundrrd
pounds for con-
tingent expen-
ces,
One hundred
pounds for se-
cret services.
Five hundred
pounds toe-
quip the state
legion.
Fifteen thou-
sand poundi to
pay off ar-
rears of militi*.
Form of pay-
rolls.
Two thousand
five hundred
pounds for civil
list expences.
Five hundred
pounds for cer-
tain officers &
privates of sa!4
legion.
Price of article*
in '774&S,
t!i~ standard
corn not to ex-
ceed two shil-
lings and six-
pence, per
bushel.
82 CONFISCATION AND AMERCEMENT.
teredcemcd? n. And$e$ farther enaBe'd, That unlefs the faid certificates fhall be redeemed
by the fir (I day of November next, the faid eftates, or fuch part thereof as will re-
deem the fame fhall be fold at public outcry to the highefl bidder, at which fales the
faid certificates mail be received as fpecie as aforefaid.
Puwicaa. 12. And be it further enacted, That this a£t fhall be confidered as a public a£t and
given as fuch in evidence.
WILLIAM GIBBONS, Speaker.
January 3, 1782.
Preamble.
In at! for inflicting penalties on, and conff eating the eflates of fuch perfons as are
therein declared guilty of treafon, and for other purpofes therein mentioned.
1. TTl^HEREAS, on the firfl day of March, which was in the year of our Lord
V V one thoufand feven hundred and feventy-eight, an aci was paffed for at-
tainting certain perfons therein mentioned of treafon, and confifcating their eftates
for the ufe and benefit of this ftate, which aft has not as yet been carried into full
execution: And whereas it is neceffary that the names of the faid perfons fo attainted
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 ftate, and the
authority of the fame, by traiteroufly adhering to the king of Great-Britain, and by
aiding, affifting, abetting and comforting the generals and other officers, civil and
military, of the faid king, to enforce his 'authority, in and over this ftate, and the
good people of the fame: And whereas the faid treafons have been followed with a
feries of murders, rapine and devastation, as cruel as they were unneceflary,
whereby order and juftice were banifhed the land, and lawlefs power eftablifhed on
high, exhibited the melancholy picture of Indians iniiicling dreadful punifhments on
both old and young of the faithful and peaceable citizens of the ftate; women and
children fitting on the ruins of their houfes, periihing by famine and cold, whilft
others were compelled in the midft of a rigorous feafon to depart the ftate, being
previoufly plundered of both their and their children's clothing, and every other ne-
ceffary that might tend to mitigate the uncommon feverities exercifed on the fofter fex
and their innocent babes ^ nor was this all — whilft thefe days of blood and Britifh
anarchy continued among us, and commanded executions of our citizens, taken in
arms in defence of their invaluable rights, to take place — executions as unauthori-
zed by the laws of nations as they were cruel in themfelves, and only to be exceed-
ed, if poflible, by the abandoned profligacy of fetting torches to temples dedicated
to the fervice of the Most High God, whereby they completed a violation of every
right, human and divine:. And whereas the aforefaid treafons and other atrocious,
crimes juftly merit a forfeiture of prote6tion and property: Be it enacted by the re-
pi'cfentatives of the freemen of the flate of Georgia in General Afjembly met, and by
wames«frer- rfie authority of the fame, That all and each of the following perfons, viz. for Chat-
ham, Sir James Wright, ban. John Graham, Alexander Wright, Lachlan M'Gil-
livray, John Mulryne, Jonah Tatnall, Bafil Cowper, William Telfair, Alexander
M'Goun, Thomas Talmafh, Samuel Douglafs, Lewis Johnfton, fen. Lewis John-
fton, jun. William Johnfton, Thomas Johnfton, James Johnfton, Samuel Farley,
James Alexander, jofeph Spencer, James Butler, John Wood, Robert Reid, John
Storr5 Thomas Retd2 George Houftounj Philip Delegal, fen. his heirsj devifees or
CONFISCATION AND AMERCEMENT. *z
aiTigns, Philip Dclcgal, jun. David Delegal, John Glen, John Bond Randall, James
Moffman, John Charles Lucena, Nathaniel Hall, Thomas Gibbons, John Fox, jun.
John Simpfon (Sabine Fields), Matthew Stewart, John Sutclifl'e, Benjamin Farley,
Thomas Roffe, John Joachim Zubly, his heirs, devifees or -affigns, David Zubly,
jun. George Baillie, William Wylly, Campbell Wylly, Thomas Wylly, Levy Sheftall,
James Harriot, James Graham, James Hume, John Hume, his heirs, devifees or
affigns, Thomas Goldfmith, his heirs, devifees or affigns. Major James Wright,
J
J
i
u_. — — _j — , _ _ 7__ 'j '
liam Jones, of Savannah, Martin Jollie, Donald Frafer, Ifaac Baillou, Doctor John
Irvine, George Kincaid, Willam Knox, John Murray, George Cuthbert, William
M'Giilivray, William Stephens, Benjamin Wilfon, Peter Dean, George Fox, Mofes
Kirkland, John Lighteniione, William Lyford, Andrew Hewet, Alexander Inglis,
James Brilbane, William Miller, William Mofs, Philip Moore, William Panton,
Thomas Skinner, John Mulryne Tatnall, Charles William M4 Kenny, his heirs,
devifees or affigns, Alexander Rofe, Charles Wright, fen. Robert Porteous, Jer-
myn Wright, his heirs, devifees or affigns, Charles Wright, fon of Sir James, John
M'Gillivray, Tim Barnard, Ifaac Delyon, Peter Edwards, Samuel Langley, and
Samuel Ealy • Liberty, Glynn and Camden, Roger Kelfail, Thomas Young, Simon
Munro, Henry Munro, James Spalding, Robert Baillie, Alexander Creighton, Ro-
derick M'IntoPn, William M'Intofh, Indian trader, Charles M'Daniel, his heirs,
devifees or affigns, John McDonald, Donald M;Donald, Daniel M'Leod, Daniel
M'lntofh, John Polfon, his heirs, devifees or affigns, William Rofs (Saint An-
drews), John Wefly, M'Coy, of Saint Andrews, John Shave, jun. Richard
Shave, Arthur Carney, fen. his heirs, devifees or affigns, Arthur Carney, jun. Willi-
am Dawfon, of Newport ferry, Charles Watts, ffiip carpenter, ■ - Shepherd, of
Colonel's ifland, James Carfon, of South Carolina, William Clark, Sir Patrick
Houftoun, bart. John Marrin, of Jakell ifland, his heirs, devifees or affigns, James
Retching, John William Wiiiiams, Raymond Demere, jun. John Profctor, Daniel
M'Girth, James M'Girth, George Aarons; Effingham county, William Willis,
Abraham Meneey, Henry Cooper, fen. Henry Cooper, jun. William Cooper,
Benjamin Lanier, John Boykin, Jofhua Pearce, fen. William Pearce, Stephen
Pearce, Philip Dill, fen. Philip Dill, jun. James Dill, his heirs, devifees or affigns,
John Goldwire, James Pace, fen. Chriftopher Frederic Trubnier, Stephen Dam-
pier, Peter Blytfo, his heirs, devifees or affigns, John Blyth, Samuel Cooper, George
Weekly, Wilderick Gruber, Jofeph Johnfton, John Johnfton, William Powell,
William Love, John Love: Burke county, John Thomas, Daniel Ruflei, Matthew
Lyle, Robert Miller, John Robertfon, Daniel Howell, Alexander Carter, Robert
Wolfington, WilLughby Tucker, John M'Cormick, his heirs, devifees or affigns,
Paul M'Cormick, his heirs, devifees or affigns, Robert Henderfon, his heirs, devi-
fees or affigns, Lud Mobly, James Herbert, James Moore, his heirs, devifees or
affigns, Samuel Moore, Jofeph Cornals, Robert French, William Eaifour, his
heirs, devifees or affigns, Ifaac Downing, Ifaac Eaton, Andrew M'Neily, James
Robertfon, James Lyle, Jofeph Man'hall, John Pig, his heirs, devifees or affigns,
John Brown, Thomas Rutherford, Cader Price, John Hammet, David Green, Phi-
lip Helverfton, William Hammond, George Johnfton, fen. John Johnfton, Wil-
liam Corker, Edward Corker, Stephen Corker, John Corker, William Mangru:n5
James Douglafs, William Du'rgin, James Hunt, John Young, Robert Tiiman,
2
84 CONFISCATION AND AMERCEMENT.
William Young, Matthew Moore, his heirs, devifees or affigns, Henry Sharp, his
heirs, devifees or affigns, Jacob Sharp, Cordy Sharp, William M;Natt, Samuel
Montgomery, Thomas Lamb, Edward Pitcher, Benjamin Brantley, Henry Over-
ftreet, Elias Bonnel, William Brown, Auguftus Underwood, Abfalom Wells, John
Fergufon, William Reicl, Thomas Beaty: Wilkes county, Thomas Walters, Henry
Williams, John Douglafs, William White, Samuel Williams, John O'Neal, Aving-
lon Perkins, Daniel Philips, James Gordon, Abraham Wilkins, Samuel Wilkins,
Jonathan Wilkins,' Luke Bynon, William Tidwell, Reuben Sherrall, his heirs, de-
vifees or affigns, James Gordon: Richmond county, Colonel James Grierfon, his
heirs, devifees or affigns, Andrew Moore, his heirs, devifees or affigns, John How-
ard, his heirs, devifees or affigns, William Manfon, James Ingram, Edward Afhton,
James Seymour, Martin Weatherford, James Weatherford, John Henderfon,
John Weatherford, George Philips, Alexander M'Lean, Benjamin Howard, his
heirs, devifees or affigns, Thomas Howard, his heirs devifees or affigns, Andrew
Robertfon, Daniel Cameron, John Jamiefon, William Gates, Thomas Scott, Rich-
ard Bailey, John Coppinger, Thomas Manfon, Jacob Watfon, Doctor Andrew
Johnfton, Charles Weatherford, John Furlow, James Jackfon, of Augufta, mer-
chant, William Johnfton, Dofctor Francis Foliiott, Dofcror Thomas Taylor, Si-
mon Patterfon, Thomas Polhill, Nathaniel Polhill, his heirs, devifees or affigns,
fheni.'ateftode- Jonn Maxwell, Solomon Kemp, be and they are hereby declared to be banifhed
dayVwbe! from this ftate forever; and if any of the aforefaid perfons mail remain in this
thenBr°tu!i^£ ftate lixty days after the paffing of this a8, or fhall return to this ftate, the go-
Gum°ynof feio- vernor or commander in chief for the time being, is hereby authorized and required
Slathupon" to caufe the perfons fo remaining in or returning to this ftate, to be apprehended and
Svingretura- committed to jail, there to remain without bail or mainprize, until a convenient
opportunity fhall offer for tranfporting the faid perfon or perfons beyond the feas,
to fome part of the Britifh king's dominions, which the governor or commander in
chief for the time being is hereby required to do : and if any of the faid perfons fhall
return to this ftate after fuch tranfportation, then, and in fuch cafe, he or they fhall
be adjudged, and they hereby are declared to be guilty of felony, and fhall on con-
vi£tion of their having fo returned as aforefaid, fuffer death without benefit of clergy,
iheir estates, 2. And be it further enabled by the authority aforefaid. That all and (insular the ef-
confiscated to , ^ .
which they' tates, real and perfonal, of each and every -of the aforefaid perfons, which they held,
1ythAj.rii.775. poiTeffed, 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 enti-
tled to in law or equity or which they may have, hold, or be poffeffed of, in right of
others, together with all debts, dues, demands, of whatever nature, that are or may
be owing to the aforefaid perfons, or either of them, be confifcated to and for the Life
and benefit of this ftate, and the monies ariling from the fales which fhall take place
by virtue of and in purfuance of this a£t to be applied to fuch ufes and purpofes as
the legiflature fhall hereafter direcl.
tertainde- o. And whereas, divers other perfons citizens of this ftate, and owing allegiance
persons sub- thereto (whofe names are not herein recited) did in violation of the faid allegiance,
jeii to the same V _ / o 5
penalties. traiteroufly affift, abet, and participate, in the aforefaid treafonable practices ; Be it
therefore enacted by the authority aforefaid. That all and every of the perfon or per-
fons under this defcription fhall, on full proof and conviclion of the fame in a court
of law, be liable and fubjefted to, and they are hereby declared liable, and fubjecled
CONFISCATION AND AMERCEMENT. 85
to all the like pains, penalties, and forfeitures in {lifted by this aft, on thofe offenders
whofe names are particularly mentioned therein.
4. And whereas, there are divers eftates and other property within this (late, be- Estates, &c. ar
• r 11 1 it i -j ■ -» 1 • i c \ persons on con-
lo-nging to perions who have been declared guilty or convicted in one or other 01 the station aa5 in
a O • ■" T < o / ... other states
United States, of offences which have induced a conhTcation of their eftates or p^o-g{^^dia
perty within the ftate of which they were citizens, .Be it therefore enabled by the au-
thority of ore/aid, That all and angular the eftates both real and perfonal, of perfons
under this defcription, of whatfoever kind or nature, together with all rights, or titles,
which they may, do, or (hall hold, in law or equity, or others in truft for them, and
alfo all the debts, dues, and demands (except debts and demands due or owing to Except debts
Britifh merchants, or others refiding in Great-Britain, which mall be appropriated as merchants.
herein after mentioned) owing or accruing to them, be confifcated to and for the ufe
and benefit of this (late, in like manner and form of forfeiture as they were fubjeft to
in the ftates of which they reflectively were citizens of, and the monies arifing from
the fales which fhall take place by virtue of and in pursuance of this aft, be applied to
fuch ufes and purpofes as the legiflature fhall hereafter direft.
5. And be it further enacted, That all debts, dues, or demands, due or owing to, which are to
merchants or others refiding in Great-Britain, be, and they are hereby fequeftered, e5equest
and the commiffioners appointed by this aft or a majority of them, are hereby empow-
ered, to recover, receive and depofit the fame in the treafury of this ftate, in the fame and paid into
manner, and under the fame regulations as debts confifcated, there to remain for the ' e tre^aiy-
ute of this ftate until other wife appropriated by this or any future Houfe of AfTembly.
6. A nd whereas there are various perfons, fubjefts of the king of Great-Britain, TheescatcS!
poffeffed of or entitled to eftates, real and perfonal, which juftice and found policy BriShluhjeL,
require fhould be applied to the benefit of this ftate, Be it therefore enabled by the au- confiscated-
thority aforefaid, That all and lingular the eftates, real and perfonal, belonging to per-
fons being Britilh fubjecls, of whatever kind or nature, which they may be poffefted
of, (except as before excepted) or others in truft for them, or that they are or may be
entitled to in law or equity, and alfo, all debts, dues, or demands, owing or accruing
to them, be confifcated to and for the ufe and benefit of this ftate, and the monies
arifing from the fales which fhall take place by virtue of, and in purfuance of this aft,
be applied to fuch ufes and purpofes as the legiflature fhall hereafter direct.
•7. And whereas feveral fraudulent fales, grants, devifes, transfers, bargains, ex- Fraudulent
/ _ ? t> " " " o ' sales, &c. since
changes, or other titles and conveyances, may have been made by fome or other of f^f^f^li
the aforefaid perfons heretofore, with intent to defraud the ftate, and to commit trea- void-
Ion againft the fame with impunity, Be it therefore enabled by the authority aforefaid,
That every fale, grant, devife, transfer, bargain, exchange, or other title or convey-
ance, which has been made or executed by any of the aforefaid perfons, or by his or
their attorney or attornies, agent or agents, fince and after the nineteenth day of
April which was in the year of our Lord one thoufand i'Gven hundred and feventy-
five, fhall be deemed and held null and void to all intents and purpofes whatfoever.
8. And whereas there are feveral juft claims and demands which may be made by claims upon
the good and faithful citizens of this ftate, or others of the United States, againft the ta^to'le w"
eftates of perfons confifcated by this aft, Be it therefore enabled by the authority aforefaid, poarus°orsuea
That any perfon or perfons well affe6ted to the independence of the United States, ha- months,
ving debts owing to them from the perfons named or defcribed in this aft, or who have
any juft claim or claims in law or equity againft any of the faid confifcated eftates, that
every fuch perfon or perfons fhall bring his or their claim, or enter his or their aftion.
86 CONFISCATION- AND AMERCEMENT.
\viihm the fpace of twelve months from the palling of this a£t, or, in default thereof,
he or they mall be forever debarred of deriving any benefit from the fame.
iwsofisKiviag g. And be it therefore enabled^ That all perfons having claims or demands againft
wavroWit any of the confifcated eftates, be at his or their option to lay a flate and proofs of the
hoatd,orpro- faid demandr. before the faid commiffioners, or a majority of them, on or before the
kuw, fourth day of May next, and the faid commiffioners or a majority of them, are here-
by empowered and required to examine into the juftice and validity of the faid de-
mands, and make a report thereof to the General AfTembly at their next meeting af-
* i.:Tms nqaida- ter the faid fourth day of May next, to the end that the legiflature may direct, with
ltd by the Ic- ' * '. . ° . * . ■. ,
gr»iaturc, refpect to fuch creditors, what to juftice ihall appertain ; and if the faid legiflature
lhall not liquidate the faid demands agreeable to the claimant, fuch claimant (hall have
an a£tion againft the faid commiffioners, or a majority of them; and the amount of
fales of the eOates of the perfons mentioned in this act, fhall be refpeftively liable to
fatisfy the faid demands, and all other creditors except thole who are unfriendly to
American Independence; and where any claimant fhall fo choofe, he or they ihall have
». ■ by i jury, recourfe to his or their a£tion 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 gov-
ernor or commander in chief for the time being, his honor the governor and com-
mander in chief for the time being (hall iffue a certificate for the fum verified by the
Toue.pAid.ia verditt to every fuch claimant, which certificate fhall be made payable and to be paid
^uh4''OT'i-Vr! in twelve months after the date thereof, with interefl for the fame at the rate of feven
pounds per cent, yearly, and (hall be and admitted and received in payment in every
purchaie, which fuch perfon or perlons may make at the fales of the forfeited eftates at
jiuigetofthe the expiration of the laid twelve months : Provided always, That the indues of the
superior co'.irt _ i , ' r\ • -i i
^mm^ityTHie {upe™01" court in the refpechve counties be empowered and authorized to proceed in
te^owfds^" a luminary manner to determine in cafes where the caufe of action ilia.ll not exceed
fifteen pounds.
Aboardofcom- io. And to the end that this a£t may be carried into effectual execution, for the
vointed'o clr- benefit of this flate; Be it further enabled, by the authority aforefaid, That there be a
2feafac ° board of commiffioners appointed by ballot of this houfe, to con fill: of two perfons
out of each of the counties within this ftate, except Glynn and Camden, for which
there fhall be one chofenj which faid commiffioners, or a majority of the faid thir-
teen * commiffioners fo chofen, fhall be, and they are hereby empowered, authorized
and required, to take into their cuftody and care all and every the eftates real and
perfonal which are confifcated by this act, and they are hereby empowered and au-
thorized to cio all acls and things which are neceffary for carrying the fame into ex-
ecution.
s»ies «r real & n. And be it further enacted, by the authority aforefaid, That the faid commiffion^
t>crson»*l estates . [' t J •* * J J J
ers, or a majority of them, be empowered and required, and they are hereby empow-
ered and required, to proceed to and begin the fales of the faid forfeited eftates, both
real and perianal, in forty days after the palling of this acl, on the following
conditions o> terms and conditions, to wH feven years credit to be given to purchaiers of the
landed or other real eftates, and four years credit to be given to purchafers of the per-
fonal eftates-; that the faid fales be public, and held on or between the hours of ten
o'clock in the forenoon and three in the afternoon, with power of adjournment from
day to day or otherwife, in fuch place or places as the faici commiffioners, or a majo-
rity of them, 111 all judge moil convenient; that the faid commiffioners, or a majority
* This board dilTolved by ad of 1783. Se&. 2, page 89.
M commence
sale,
CONFISCATION AND AMERCEMENT. 87
Thirty day* no»
of them, do and fliall ifTue thirty days notice previous to the commencement of thence1:'
faid fales, and that the higheft bidder be deemed and confidered a purchafer : that the
faid commifiioners, or a majority of them, fhall take a perfonal obligation from every g|^^$£
purchafer of any part or parts of the real or landed eftates, with a mortgage of the^e^.^
fame, for the payment of the purchafe money at the time appointed by this aft, toge-
ther with fufficient fecurity for the payment of intereft annually, at the rate of feven
pounds per cent, per annum, which payments of principal and intereft fhall be ren-F,^c„f,tohe
dered in Mexican dollars, or other monies in gold or filvcr : that the faid commiflion-^(<i1^xi-
ers, or a majority of them, fhall take the bonds in the name of his honor the governor, lu£g|^
or commander in chief of the flate for the time being, and his fucceffors in office;0"'
and that the faid commifiioners, or a majority of them, be fully empowered and commissioners
authorized, and they are hereby empowered, authorized and required, to execute
fufficient titles and conveyances for veiling the eftates real and perfonal in the perfons
who fhall refpectively purchafe the fame, their heirs, executors, adminiftrators or
affigns, refpectively, for the terms for which they were fold: that the faid co mm if- to give security
fioners refpeftively fhall, previous to their entering into the execution of their office* sand pounds tq
r • l r ' i i r j j r • i • i_ i the S50ven,dr-
give lecunty to the amount of three thouland pounds fpecie to his honor the govern-
or, or commander in chief of the ftate for the time being, and take the foilowirrg Al,dc,kethi,
oath of office : " I, A. B. do folemnly fwear, that I will diligently, truly and im- oatiu
partially execute the duty of a commifiioner for the fale of the forfeited eftates, agree-
able to the directions of the aft, for the benefit of this ftate. So help me God."
12. And whereas, notvftthftanding the fcenes of cruelty and diftrefs which the Temr°rar5'.
O ■•''.*. . support to t:i-
wives and children of numbers of the good and faithful citizens of this flate ran S!l?Ss°Lb^v.l
derwent, humanity dictates that a reafonable fupport and maintenance fhould be al-
lowed to the families that may have remained among us belonging to perfons whofe
eftates are confifcated by this aft, Be it therefore enacted by the authority aforefaid, That
the faid commifiioners 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 aft, until the lc-
giflature fhall hereafter direft or order a fixed fupport for the faid families.
13. And whereas it is neceifarv for the public benefit that ail embezzlements, re- TT be:yIc!re:t
" /-■•■-• r 7 of confiscated
movals or concealments of the forfeited efta&es fhould be prevented; Be it t here/ore ^°^f^
enacted, by the authority afore/aid. That any perfon or perfons who fhall from and a$-?n<:fit°f dersy-
ter the paffing of this aft, wilfully or intentionally conceal or embezzle any part or
parts of the perfonal property confifcated by this aft from the commifiioners ap-
pointed by this aft. for the taking the fame into their cuftody or care, or who fhall
convert the fame to their own ufe and behoof with intent to defraud the ftate, and
prevent the commifiioners from felling or otherwife difpofing of the fame, that all
and every perfon or perfons fo offending as aforefaid, fhall be guilty of felony, and
on conviction thereof fhall fuffer death.
14. And whereas, doubts may arife whether the inhabitants of this ftate ]*l»p JS^^t*"
poffefs no grants for the lands formerly purchafed of the Britifh commifiioners in dent-
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 aft, Be it further
enacted by the authority aforefaid, That the faid inhabitants are, and they are hereby u"S!Btei
declared capable of offering and giving fuch ungranted lands as fecurity to the com-
mifiioners for the fales of the forfeited eftates in every of thefe cafes where fecurity
is required by this aft,
88 CONFISCATION AND AMERCEMENT.
Grantsiost. ^ And -whereas from the irruption of" the enemy, and the devaluation which fol-
lowed, various of the good people of the date may have loft their grants or titles for
their lands, Be it further enaBed by The authority aforefaid, That all and every perfon
under this defcription, and who are publicly known to be poffeffed of the lands, the
titles or grants of which are fo loft or deftroyed, mail be capable of giving fuch lands
in fecurity, and fuch landed fecurity mall be received in all and every of thofe cafes
where landed fecurity is required by this a 61.
sales under aa 1 6. And whereas feveral fales of real eftates, forfeited and confifcated by the acl
compHedTith, of attainder and confiscation 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 never complied with : Be it therefore enaBed, by the authority aforefaid, That
all and every fale of any part or parts of the faid real eftates, the terms of which
were not ftriclly complied with and fulfilled on the part of the purchafer or purcha-
fers, in the manner and form prefcribed and required in the rules and regulations for
felling the faid real eftates, be deemed and held null and void; and fuch fale or fales
are hereby declared to be null and void to all intents and purpofes whatfoevcr; and
the commiflioners appointed by this a6t are empowered and required to take the faid
lold uX uiu real eftates into their cuftody and care, and to be fubje6ledto fale under the power
and authority, of this a6t.
sales of land to j 7. And fa it further enaBed. by the authority afore faid. That the faid commiffion-
be described in / J „ 7 ■/ 1 1 • 1 • 1 11
thebestman- erSj or a majority or them, be empowered and required, and they are hereby em-
powered and required, to proceed to the fales of the forfeited real eftates which have
been fettled heretofore, or which bv public notoriety are known or generally underftood
to contain a certain or fuppofed number of acres, under the defcription which the faid
lot, plantation, or tra6t of land, ifland or iftands (as the cafe may be) generally bears,
and alfo to the fales of all fuch other unfettled real eftates as the faid commiffioners,
or a majority of them, can receive a well informed knowledge of from wife and faith-
ful citizens, who are or may be acquainted with fuch unfettled tra6ts of laud.
The state to ! 8. A lid be it further enaBed by the authority afore faid. That the ftate will and do
defend all sales J . . .f. - j 1 1 "• • o • • r 1
madeimder guarantee and defend the commiiuoners appointed by this act, ur a maiontv oi nem,
tins acl. o . . l * 1 • 1 • - ■ " " H ' 1
in all their proceedings for carrying the powers and authorities given them by the
fame into full effecl, and will alfo warrant and forever defend all and every fale or
fales which the faid commiflioners or a majority of them mail make to. anv purch.a>-
fer or purchafers of any part or parts of the real and perfonal eitates confifcated by
this a6t.
commission- ig. And be it further enaBed by the authority aforejaid., That the laid commifhon-
"8sn.con 8a"ers be allowed a commiffion of one and a half per cent, on iAi fates ot the real and per-
fonal eftates, befides all reafonable and jiift expences incurred in carrying tjtis act .uio
execution.
to report their 20. And be it further enaBed by the authority aforefaid, That the commiffioners
Cqfientwto fhalL and thev are herebv required, from time to time, once in two months, make
the governor. ' / ,, , . ' ^ ,. 1 1 i- 1 r 1 • 1 1
out returns of all their proceedings, and deliver the lame to his honor the governor
or commander in chief for the time being, with the inventories of the different eftates,
and all fuch accounts of fales as may be fmifhed, and alfo all bonds and fecurities, and
fums of money received by them.
public aft-to 21. And be it further enaBed by the authority aforcfaid, That this a£t mall be a pub-
mostuberaei lie one, and judicially taken notice of as fuch, and that the fame fhall have the mod
amnion. ^ liberal and general conftru6tion, for the purpofes of carrying the fame into exe-
cution in the moft beneficial manner : and if the faid commiffioners or any of them,
CONFISCATION AND AMERCEMENT. kg.
jbc impleaded or fucd, or any perfon afting under their authority, for any matter or
thing done by virtue of this aft, they or he may plead the general ifiiie, and give this
aft and the fpecial matter in evidence^ and on verdict or judgment againfl; the plain-
tiff, or on his nonsuit or discontinuance, the perfon or pcrfons fo fued (hall recover
treble coils*
•SAMUEL SALTtJSj Speaker.
Augufta, May 4, 1782.
Getirr.O iSjiig
irfay be pl48'i.
*»k»**ii
An aB for empowering a lefs number of commiffioners to be a board than is mentioned ih
the aB paffed at Augujla on the fourth day of May one thou/and [even hundred and
iighiy-two, for infilling penalizes on, and confif eating the eflaies of fuch perfons as
have been guilty oftreafdn againfl this fate, and for other purpofes therein mentioned.
i.T X THEREAS in and by the aft paffed the fourth day of May one thoufand fe-p
V V ven hundred and eighty -two, entitled " An aft for inflicting penalties on, and
confifcating the eflatcs of certain perfons, and for other purpofes therein mentioned, '
commiffioners were appointed for carrying the fame intaexecution and were inverted
for thatpurpofe with fuch powers as are therein fet forth and contained. And whereas
the faid law declared a majority of the faid commiffioners competent to proceed on the
execution of the fame, and it is now manifefl the intentions of the law are retarded and
prevented by the difficulty of getting together a majority of the commiffioners fo ap*-
pointed to proceed to bufinefs, Be it mailed by the reprefentatives of the freemen of the
flate of Georgia in 'General A ffembly met, and by the authority of the fame, That fffifrri
and immediately after the paffing of this act, Charles Odingfells, Hugh Lawfon, and s^her. *$*««-
1 ■ • c \ n 11 1 11 1 111 1 edwith the pow»
Abraham Ravolt, or a majority of them mail be and they are hereby declared com- "s ofthe,b<?»r,f
miffioners fully eftabliflied aild invelted with all and every tne powers and authorities, ^nt"^"^
a majority of the whole of the faid commiffioners named and appointed in the faid*ft**
law were by the fame actually inverted and empowered with) except the proceeding to
fale of confifcated real c-rtates, and except the fale of Confifcated perfonaleftates with-
out the fanftion, concurrence and order of his honor the governor and executive
council for the time being, fhall be firft had, obtained and given for the fale of fuch
confifcated perfonal eftates only, any thing in the faid confifcation law aforefaid to the
Contrary notwithstanding,
2. And be it further enabled by the authority aforefaid, That all and every power and Former bMr<*
powers derived by arty of the commiffio rtet:s except Charles Odingfells, Hugh Law-
foil and Abraham Ravolt, by, from or under the confifcation aft, paffed at Augufta,
as aforefaid, is and fnall immediately after the paffing of this aft be annulled and de-
clared void, any thing in the faid confifcation aft to the contrary notwithstanding.
3. And be it further enabled by the authority aforefaid, That his honor the gov- doVernoriai
ernor by and with the advice and confent of the executive council, fhall be and he is^^gj
hereby empowered to give his fanftion, concurrence, and order to the faid commif-esUtc'
fioners on any preffing exigency of the ftate to proceed to fale of fuch confifcated per-
fonal property as fuch exigency may require, on fuch terms as may appear to them
to be moft advantageous for the ftate.
4. And be it further enabled, That Charles Odingfells, Hugh Lawfon, and Abra-Th th
ham Ravolt, commiffioners as aforefaid and hereby appointed, fhall be and they here- commissioner*
t n 1 1 1 • 1 • 1 11 1 1 11 * vested with tins
by are veiled and authorized with all and every the powers and authorities the major- K?5witf
jL/f . caamiesiontTSi
90 CONFISCATION AND AMERCEMENT.
ity of the commiffioners named and appointed in and by the faid confifcation law, were
and are inverted with, by an aft palled the fifth day of Auguft laft paffed, entitled
u An aft for the amercing feveral perfons therein named, and for other purpofes there-
" in mentioned ;" any thing in the faid amercement law to the contrary thereof con-
tained notwithflanding.
puuicaa. 5, And be it further enabled. That this aft: fhall be a public aft, and given as fuch
in evidence.
N. W. JONES, Speaker.
Savannah, February 8, 1783.
• • • •
An ablfor releajing certain perfons from their bargains, and again felling and difpo-
fing of the fame premifes ; for tflablifliing funds ; and for other purpofes therein
mentioned.
VritmWc,
WHEREAS under and by virtue of an aft, entitled " An aft for inflicting pen-
" aides on,' and confiscating the eftates of fuch perfons as are therein declared
" guilty oftreafon, and for other purpofes therein mentioned," paffed at Augufta on
" the fourth day of May, one thoufand feven hundred and eighty-two, divers fales of
confifcated property have taken place in the feveral and refpeftive counties within
this ftate : And whereas fince the time of making the faid fales, doubts have arifen
whether the purchafe money of the fame was to be paid in fpecie only, or whether
certificates and other demands againft the public were to be taken in payment there-
<;oBfiscated0f °^ ■> m order therefore to remove all doubts on this head, Be it enacted by the repre-
rd"io^lnquh\\fenia^ves of the freemen of the fate of Georgia in General Affembly met, and by the au-
mVu^%7tot' ^hority of the fame : That from and immediately after the pairing of this aft, and un-
fos't# til the firft day of Oftober next enfuing, it fhall and may be lawful for any purchafer
or purchafers of any eftates, real orperfonal, of, or lately belonging to any perfon or
perfons whatfoever named or comprehended in the faid aft of confifcation, to give up
and make void his, her, or their faid purchafe and bargain, in cafe he, fheor they fhall
be diffatisfied therewith ; and the fame fhall be accordingly in that cafe revetted in the
public, without any intereft, cofts or charges (except what fhall have been already ac-
tually paid for the conveyances) being exafted or demanded from the purchafer or
purchafers thereof; and on re-delivery of the premifes without abufe or wafte, all
conveyances, bonds, mortgages, and other writings refpefting the fame, between the
purchafer or purchafers, and any perfon or perfons whatfoever, for and in behalf of
the public, fhall be exchanged, and notwithflanding any record thereof, being made
the fame fhall be cancelled and deftroyed. j
An certificates 2. And be it further enabled by the authority aforefaid, That all and every fuch pur-
:n pa/S'in chafer and purchafers of confifcated property, real or perfonal, under the aft afore-
sndgoid.ver faid, who fhall not, on or before the faid firft day of Oftober next enfuing, give up
and make void his, her or their faid purchafe, and exchange writings as aforefaid, fhall
be held and confidered as abfolutely bound thereby, and fhall be liable and obliged
to pay one equal moiety or half part of the faid purchafe money, with one equal
moiety or half part of the intereft thereof, in gold or filver coin, and nothing elfe,
and the other equal moiety or half part of the faid principal and intereft, or fo much
thereof as may be convenient, in certificates of this ftate, (funded on fome law
or refolve of the affembly) of any denomination whatfoever, under the hand of
CONFISCATION AND AMERCEMENT. 91
the prefent, or the laft, or any future governor, and bearing date fubfequcnt
to the firft day of January in the year of our Lord one thoufand feven hundred and
eighty-two, or in accounts (by way of difcount) againft the public, duly audited and
certified agreeable to the refolves of affembly paffed fince that period, and fuch certi-
ficates or audited accounts being due either to the refpe&ive purchafers themfelves, or
transferred (though not appearing on the face thereof to be negotiable) to them, or
any of them, by any other perfon or perfons whatfoever: Provided fuch certificates
or audited accounts be brought in, and endorfed off the bonds of the faid purchafers
refpeftively, within one year from and after the paffing of this acl, or otherwife this
laft mentioned moiety of principal and intereft, or fo much thereof, as at the expi-
ration 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.
3. And be it further enacted by the authority aforefaid, That immediately after the Suits t9 bc
faid firft day of October next enfuing, his honor the governor, and the executive KSS?,*
council do, and fhall take the moft fpeedy and effectual meafures, by fuit or otherwife, TSngent'
for recovery of all intereft money due and owing on bonds given for eftates real or
perfonal, fold under the faid confifcation a£l, and which (hall not be given up by
the time limited as aforefaid, and the faid intereft monies when received, fhall form
a contingent fund in the treafury, and the treafurer (hall be enabled to give fufficient
receipts on the back of the refpeclive bonds for the fame, and mall keep a fair and
regular account thereof, to be from time to time laid before the Houfe of Affembly.
4. And be it further enacted by the authority aforefaid, That the commiflioners ofcommiisioncr?
confiscated eftates herein after named fhall, and they or a majority of them are here-Kiipunderdth?
by directed and empowered, in the months of November and December next, be- ?km°. co
ginning on the fecond Tuefday in November, and continuing from time to time at
their difcretion, to proceed to the fale of, and actually to fell, in manner pointed out
by the faid a6l of confifcation, all and fingular 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 fa™^*^
intereft, with fecurity for the latter, and fhall give mortgage by the firft day of Oc- ^even"™*'
tober next, it fhall be deemed a compliance) or that which has never yet been fold real esUtc"
or expofed to fale; and the fame fhall be fold, payable in four years if perfonal, and
feven years if real eftate, as mentioned and directed in and by the faid confifcation
ad; and the purchafers thereof fhall accordingly give bond, mortgage and other fe-
curity as therein required for the confideration money, and good and fufficient fecu-
rity for the intereft thereof; which faid confideration money and the intereft thereof,
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 Half the Pur-
the intereft thereof, in gold or filver coin, and nothing elfe: and the other equal be^a™"*.5!-
° . . P * veror gold, the
moiety or half part of the faid principal and intereft, or fo much thereof as may be oti^r in «««*■
convenient, in certificates of this ftate (funded on fome law or refolve of Affembly)
of any denomination whatfoever, under the hand of the prefent, or of the laft, or
any future governor, and bearing date fubfequent to the firft day of January, in
the year of our Lord one thoufand feven hundred and eighty-two, or in accounts
(by way of difcount) againft the public, duly audited and certified agreeable to the
refolves of Affembly paffed fince that period; and fuch certificates or audited ac-
counts being due either to the refpecfive purchafers themfelves, or transferred (though
not appearing on the face thereof to be negotiable) to them, or any of them, by any
1
93
CONFISCATION AND AMERCEMENT.
the
»ii«Ci or gold
tf.tl UIKS.
rfpaiainwK other perfon or perfons whatfoever: Provided fuch certificate or audited accounts be
'hokm brought in and endorfed off the bonds of the faid purchafers refpe&ively, 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 mail remain unpaid in certificates or audited accounts, be alfo payable in gold
or filver coin, and nothing elfe.
i^n^u10 5- -^nd ^e it further enabled, by the authority afore/aid, That any perfon or perfons.
£to£"LfidVn-whatf°ever 1°w or hereafter holding fuch certificates as aforefaid, or audited accounts
againft the public, who mall not have purchafed at the preceding, or fhall not pur-
chafe at the fucceeding fales of confifcated property, or who fhall not transfer
their demands to thofe who do purchafe, or who fhall in any cafe have in their
poffeffion, fuch certificates or audited accounts as aforefaid to a greater amount than
they are allowed to pay away in difcourit 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 pairing of this a6t, be at liberty to bring in their faid certificates or
audited accounts to his honor the governor, and to exchange the fame for certificates
of a new denomination (the form whereof is herein after fpecified) to be figned, in*
dented and iffued by his honor the governor in council, and regularly entered on the
council books, and the fame fhall be numbered and alfo counterfigned by the trca-
furer, who fhall keep the indent, with the number and fum of every, fuch certificate,
as a check, and who fhall alfo keep a fair account of all fuch certificates, and to whom
payable, for the inflection of the Affembly; and the faid certificates and audited ac-
counts 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.
6. And be it further enabled, by the authority aforefaid, That the following fhall be
the form of the certificates to be iffued as before directed and required, that is to fav ;
}
¥«m*weor. State of Georgia.
No,
By his honor A. B. efq. captain-general, governor and commander
in chief in and over the faid flate.
CfrCfe fttt tO Cetttfj), That there is due and owing from this ftate 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
nineteenth day of July, 1783, and in the mean time the intereft thereof, at the rate
of feven per cent, per annum, will be regularly paid at the treafury to the faid C. 2?,
©r his order, in gold or filver coin, at the current rates in Savannah.
Given wndermy hand, in council, purfuant to an act. of Affembly, this.
day of 17S
Counterfigned by
E. F. Treafurer*
«tietobc'a Which faid certificate, being authenticated and iffued as aforefaid, fhall be confider-
hcarKv^pw edas forming an aggregate to be hereafter reduced to a funded deht againft this ftate,
^aweye»rif. redeemable in feven years from and after the pafling of this a£t, and carrying an inte^
reft of feven per cent, payable out of the treafury in gold and liker coin, at the pre-
CONFISCATION AND AMERCEMENT. 93
fent current rates in Savannah, yearly and every year on the day of die date of the
faid certificates refpeclively.
7. And be it further enabled by the authority aforefaid, That in cafe any perfon or Holdcrsofaw.
perfons holding certificates or audited accounts as aforcfaid, lha'.l neglett to bring ij£ ^£1""^
the fame, either in payment of a debt or debts, for confifcated property, or in «■- 51 ttj£^tq0«
change for a certificate of the denomination above fpecified, within the fevcral and tuuC^rmi.
refpeclive times for thatpurpofe limited and appointed, all and every fuch peifon and
perfons mall beconfidered as forever precluded from the faid demands, and the public
fhall noLbe liable to make provjfion for payment of the fame, at any time hereafter.
8. And be it further enabled by the authority aforefaid, That in all future falcs of Terms of Sa?
confifcated property, the commiffioners fhall wait three days for the purchafers to ^'mrinrth_ree
comply with the terms of fale, and if not done within that time, the faid commiffion-Peit>' wsqig.
ers 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 ac%
the laft perfon who fhall refufe or neglecf to comply, -fhaill, in cafe the then next fale
fhall not equal or exceed his, make good the difference in price between the one and
the other, fo that the public may be no lofer thereby ; and the faid commiflioners Bends to i**
mail accordingly require and oblige every purchaler, immediately after the premifes uke"'
fhall be knocked off to him or her, to fign and feal an obligation to the following pur-
port, I, A. B. do hereby acknowledge to have purchafed at the fales of confneated form thereby.
property a plantation or traci of land, containing or faid to contain acres, fun-
ate, in the county of , at and after the. rate of per acre ; (or otherwife
defcribing the premifes as the cafe maybe) and I do hereby bind and oblige my felt,
my heirs, executors, and adminiflrators, to comply with the terms of and conditions
on my part, within three days after being required fo to do by the commillioners of
the faid fales ; or a majority of them, or eife to forfeit to the flate whatever maybe
the deficient difference between the amount fales of the faid premifes, as knocked off
ro me; and the amount fales of the fame to the next purchaler, and to pay the faid
difference, on demand, in gold or filver coin, to the faid commiffioners, or a majority
of them, — Witnefs my hand and feal this day of 1 783.
Prefent,
9.. And be it further enalted by the authority aforefaid, That when, and as foon as ccmmissionew
fale fhall be made of all the confifcated property, and bonds, and other fecurities t&-c°Kse'^»
ken for the fame, as before directed, the faid commiilioners, or a majority of them. 'u^i"'
mail make out and lay before the Houfe of Aflembly at their next fitting thereafter, a
fair ftate or account of their proceedings therein, with the names of the purchafers and
their fecuritjes, the amount of fales, and all other matters refpecting or concerning the
fame; and the faid Houfe of Affembly, after having examined the faid flate or account
(hall at the faid expiration of the faid one year allowed for bringing in certificates and
audited accounts in payment of one moiety of the faid purchafes, fet afide good bonds,
with the mortgages and other fecurities thereunto belonging, amouiiting(clear of all deduc-
tions and payments) to the fum of one hundred and eight thoufand, eight hundred and qn'ehrtnd«<i&
fixty-nine pounds, fixteen {hillings and fixpence fterling, to anfvver the fuppofed quo- !;fdhfi'h$ndr21
ta appertaining to this flate, of the national debt ; and the faid bonds fo let afide fhall E'!'/^,tecn
remain as a fund fubjeel to increafe ordecreafe according as the faid quota fhall, on ^""j." ap„
a fair adjuflment by congrefs, be found to augment or fink from the prefent fuppo- SSffifcSi?
fed quantum, but fubjeCl to no alteration on any other account whatfbever; and the c^!||fhf*
intereft money thereafter arifing from the faid bonds fo fet afide fhall be annually an(pu'0Ililil<bt-
regularly collected in gold or lilver coin, and nothing elfe and fo much thereof as may
9l CONFISCATION AND AMERCEMENT.
be ncccflary fliall be annually and regularly remitted, under the direction of the hon^
orable the governor and council, to the continental treafury, in payment of the inter-
eft money of the quota appertaining to this ftate of the continental debt.
10. And whereas a fum lying at intereft in this ftate, equal to what fliall be found
The interest to to be our continental quota, will from the difference of intereft between the one
nfitt"2"o tiiee" and the other, annually leave a confidcrable balance of the intereft in our favor: Be
treasury.. it therefore enabled by the authority aforefaid, That this' difference or balance fhall be
appropriated to annually carried to the credit of a feparate fund, and, after taking thereout the
iiren°ht('amido-nece^aiy criarge or remitting the annual intereft of the continental quota, the refidue
meitic'debt. man De ]et out at intereft by the treafurer on good perfonal fecurity from year to year,
and the fame, with the accumulating intereft thereof, fliall 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 became due
in four years after a peace; and of one million more of livres (being the tenth part
of the Dutch debt) which became due on the fifth day of November, in the year
of our Lord one thoufand feven hundred and eighty- feven, and our quota of the
domeftic debt, whatever the fame may be.
11. And be it further enabled by the authority afore [aid, That after taking out
and appropriating good bonds, with the other fecurities thereunto belonging as afore-
faid, whereon fliall remain due one hundred and eight thoufand, eight hundred and
Remaining eighty-nine pounds, fixteen fhillings and fixpence, from the amount fales of confif-
propriated'for cated property, all and lingular the reft and refidue of the bonds, mortgages and other
the redemption ~ . . ■ ■ ricirrri * i i
•f the funded iecunties, remaining on account oi the iales or conhlcated property, with the mo-
nies then due, and to grow due thereon, fliall, and the fame are hereby declared to
be a fund appropriated to the fecurity and redemption of the intended funded debt,
before mentioned, with the intereft thereof.
12. And be it further enabled by the authority aforefaid, 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 fufficient remaining of the amount
vniocated fales of cofifcated property (after taking thereout the fum of one hundred and eight
pieced for any thoufand, eight hundred and eighty-nine pounds, fixteen fhilling and fixpence, as
pay the interest before mentioned) to pay off the annual intereft of the funded debt, and ultimately
of the funded ■ • i i y r i i i • r i r • r . 1 i
debt. to link the principal thereof, that then, and in luch cale, provihon, by the appro-
priation of a body not exceeding two hundred thoufand acres of unlocated lands, or
by taxes or otherwife, fhall be immediately thereafter made, to fupportthe deficiency,
10 as to give a liability to the certificates to be iffued in the form before mentioned,
and to fecure the holders thereof in the punftual payment of the intereft annually, and
the principal ultimately, of their faid certificates.
13. And be it further enabled by the authority aforefaid, That all and lingular the
other debts due and owing to the public, and contracted fince the faid firft day of
January, in the year of our Lord one thoufand feven hundred and eighty-two, on
contraaredebt9 any account whatfoever, except for confiscated property, fhall be held and confi-
ry^sHX1" ^ered, and the fame are hereby declared to be due and owing, and payable in
?u!« c«Sld or S°ld an<l filver coin, and nothing elfe.
14. And whereas there are many demands made againft the faid confifcated ef-
tates for monies due and owing, or faid to be due and owing, by the feveral and
refpe£live former proprietors thereof, and fuits are daily brought for recovery of
f<mSd2!- fuch demands under the faid aft of confifcation, which faid fuits are attended with
S^pSf-gfeat cofts to the public, Beit therefore enabled, by the authority aforefaid, That from
CONFISCATION AND AMERCEMENT. 95
and after the paffing of this aft, it {hall not be lawful for any perfon or perfons
whatfoever, to fue or implead the public, or ftate, as fuch, in any court of law or
juftice within the fame (except in cafes herein after mentioned) and all aftions
hereby brought, or now depending, of that nature, mall, and the fame are hereby
declared to be difcontinued, Provided, judgments fhall not already have palled there-
upon agreeable to the terms of the confifcation act; and the feveral perfons herein
after named, that is to fay, James Cochran, Edward Davis, Benjamin Andrew, commissioners
Charles Odingfells and Lachlan M'Intofh, efqrs. fhall, and they are hereby de- SgeSSh'*
clared to be a board of commiffioners for receiving, hearing and finally determining givemcertincate»
all and lingular the claims of any perfon or perfons whatfoever againft the laid con- due,
fifcated eftates, or any of them, for monies due and owing, or faid to be due and
owing, from the faid former proprietors thereof, or any of them; and the faid com-
miffioners, 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 moil expeditious and
fummary manner as to them, or a majority of them, fhall appear moll eligible and
juft; and in all and every cafe the faid commiffioners, or a majority of them, fhall
give a certificate, under the hand of the prefident of the faid board, to the refpeftive
claimants, of what appears to be due and owing to them refpeftively on a determi-
nation of their faid caufe or caufes, which faid certificate the faid claimants fhall car-
ry to his honor the governor, and having exchanged the fame for his certificate in Wilichatet0
form aforefaid made, the faid laft mentioned certificate fhall ftand upon the footing foVtheg"^™
of any other certificate of the like form in payment of confifcated property, or as ors'
a funded debt againft the flate; and the faid claimants refpeftively fhall pay and ad-
vance to the clerk of the faid board, at the time of entering his or her claim, the ,cler'l°{.th?
following fees for cods thereon, that is to fay : for any claim not exceeding the fum
of fifty pounds, two fhillings and four pence; for every claim exceeding fifty pounds,
and not exceeding one hundred pounds, four fhillings and eight pence; for any
claim exceeding one hundred pounds, the fum of feven fhillings; which faid fees
fhall be included in the certificate to be given on the determination of the caufe, and
fhall be in full of all cofts on the fame: Provided neverthelefs, That no certificate No1certificfLe"„
: , J 7 to be issued till
from the faid board fhall be given until after the fales of the confifcated property ^J^^%m.
fhall be completed, and that then the faid commiffioners fhall take care that the cetf- [heTeverei <fs"
tificates of demands againft any eftate do not exceed, together with the judgments tates"
already paifed againft fuch eftate, the amount fales of the fame; and at the time the
faid commiffioners fhall give fuch certificates, in cafe they find any particular eftate
infolvent, they fhall make each creditor abate in proportion to his or her demand,
fo as to admit them all into an equal compofition, without giving any preference to
judgments, or making any diftinftion between debts of a different nature or date:
Provided alfo, That, nothing herein contained fhall extend, or be conftrued to extend, jurisdiction of
to deprive the courts of law of their mrifdiction in cafes of where the titles of land or ctx}&iSTf
other real or perfonal eftate fhall be brought in queftion, or to give the cognizance of
the fame to theprefent or any other board of commiffioners, but that in all and every
fuch cafe fhall ftand upon the fame footing, and be tried in manner pointed out and
directed in and by the faid confifcation aft : and when it fhall happen that any doubts Auditertore.
fhall arifewith the auditor on any claim againft this flate, of any nature whatfoever, £srtothfboSi
the faid auditor fhall, and he is hereby required to lay the fame before the faid board £^4,decJsion
of commiffioners, who fhall lay down fome fixed principle of equal juftice between
96 CONFISCATION AND AM£RCEMENT.
the ftate and each claiming individual, and judge and finally decide on the fame, from
whom there (hall be no appeal.
r>y*nctuof ii-. 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 aft, (hall
follow the event of the caule when the fame mall be tried before the board of com-
millioncrs as aforefaid, and in cafe of fentence or judgment for the plaintiff or plain -
.tiffs, the faid cofts (hall be included in the certificate to be given him, her or them by
the prehdenr of the faid board.
ccrtificAtc". u- 16. And be ii further enacted by the authority aforefaid, That where certificates for
mfxwrie™™cL provifions or other neceffaries for the army have been given by commilfaries and other
£clfftoVbe?£d officers duly authorized, the perfon or perfons pofleffing fuch certificate or certifi-
bLnUM.chof- catcs, (hall lay the fame before the board aforementioned, who (hall in like manner
from suitYcrt finally decide and determine the lame; and that no fuit or fuits at law fhall be
brought againft fuch officer or officers for or on account of fuch certificate or certifi-
cates, unlefs it fhall appear to the board that the fame was or were given improperly 3
or the articles improperly applied.
Futtisertimc 17- And whereas, in and by the faid confiscation aft, it is enabled and declared,
Iu?c'cton»ro* that no demands fhall be received againft the feveral eftates therein confifcated from
.'■:^jc,uicsr and after the fourth day of May then next enfuing, but now laft paft, Be it therefore
further enabled by the authori y aforefaid, That the faid term for making claims of
monies, due or faid to be due from the feveral pcclons named or comprehended in
the faid confifcation aft, on any account whatfoever, before the board of commiflion-
ers before named, fhall be enlarged and prolonged, and the fame is hereby declared
to be enlarged and prolonged to one year from and after the pairing of this aft, and
fuch claims made before the faid board within the faid one year fhall be held and con-
iidered as much within time as if they had been made at any time before the faid fourth
dav of May laft paffed; and all accounts which fhall be hereafter duly audited at any
time within one year from and after the palling of this aft, mall be held and confider-
ed as good and upon the fame footing as accounts already audited, and as coming
within the purview and intention of this aft.
crtninv.stWners 18. And be it further enabled by the authority aforefaid, That Charles Odingfells,
ti^'ir'compcn- Hugh Lawfon, and Abraham Ravolt, fhall be, and they are hereby appointed com-
miflioners of confifcated eftates, and vefted with full power and authority to do and
perform every aft and thing that the aforefaid commiflioners of confifcated eftates
were authorized to do, or that fhall be neceffary to be done under this aft, and that they
be allowed at the rate of one per cent, in lieu of all charges; and in cafe of the death,
refignation, or refufal to aft, of the faid commiflioners or any of them, or of the com-
coTfmortomi milfioners of claims before named, or any of them, his honor the governor and exe-
Vicnooi. cutive council fhall fill up fuch vacancy by the appointment of another comrniffion-
er, or other commiffloners, in the room of him or them fo denying, refuting, to a£r,
or refigning ; and the faid commiflioners of confifcated eftates now appointed, or
hereafter to be appointed, fhall in all refpefts comply with the terms which were re-
quired of the commiflioners under the confifcation aft, at the time of their appoint-
ment.
Goremorand 19- And be it further enabled by the authority aforefaid, That his honor the gov-
^d^'ics'to the ernor and the executive council, fhall have power and authority to direft the commit
Sou"and° tVT* fioners of confifcated eftates, to difpofe of any property, real or perfonal, appertain-
li^° ing to the faid eftates, to the amount of any fumnot exceeding two thoufand pounds
fteriing, at fuch time and periods of payments as the executive department may deem
CONFISCATION AND. AMERCEMENT. ny
moft conducive to the intereft of the flate, for the'exprefs purpofe of making good
the engagements entered into by virtue of certain resolutions to that effect, and for
the more immediate emergencies of the ftate.
20. And be it further enabled by the authority aforefaid, That the accounts of the of- countfo^--'"
ficers and foldiers of the Georgia line, (liquidated by the proper officers and certified qeorJSifn^6
by the financier, that fuch account, or accounts, will entitle us to immediate difcounr de^vith twelve
from our continental quota, or the intereft thereof,) mail be received as fpecie for pur- ce\'!tanfoialfpw
chafes made at the confiscated fales, and adifcount of twelve and a half per cent, al-ment. y
lowed thereon for prompt payment, Provided fuch accounts are brought in and de- Ifbroughc;n
dueied within twelve months after paffing this act. £omhStwelv<t
21. And whereas the feveral regulations contained in this act may be repugnant to, certainpartsot'
r in-i • 1 r r 1 <• r r ■ 1 r ' tneaft of con-
or may interfere or clain jwith certain claules or parts of the act or connication before fis^nte"
mentioned, Be it therefore further enabled by the authority aforefaid, That all and eve-
ry fuch claufe or parts ofclaufes, or other matter or thing mentioned or contained in
the faid act of confiscation, repugnant to, or which fhall clafh or interfere with the
feveral regulations mentioned or contained in this act, fhall, and the fame is, and arc
hereby repealed and done away ; but all and every other part or claufe of the faid
confifcation act (not repugnant to the regulations herein contained) now of force fhall
be, and the fame is hereby declared to be in full force and virtue.
22. And be it further enabled by the authority aforefaid, That this a£t fhall be deem- pubiic»«
ed a public acf, and judicially taken notice of as fuch in all courts within this ftate ; tobeepl«wi"c
and any perfon or perfons whatfoever fued or impleaded for any matter or thing done
under or in confequence thereof, fhall plead the general iffue, and having given the
Special matter in evidence, the court and jury fhall confider fuch perfon or perfons
Sufficiently indemnified in fo far as he or they has or have acted agreeably to the terms
and directions of this or the confifcation acl, or in purfuance of their duty thereunder.
WILLIAM GIBBONS, Speaker.
Augufta, July 29, 1783.
A~a at~l to point out the mode under which property reverting to the fate Jliall be difpo-
fed of.
BE it enabled by the Senate and Houfe of Reprefentatives of the flate of Georgia m Mortppdw*-
General Affembly met, and by the- authority of the fame. That in all cafes where a wdS/tlte^tt
fol r c ii niii 1 . • „ of the state.
recioiure of any mortgage has been, or fhall be complete, wherein the governor for
the time being, on the part or behalf of this ftate fhall be the plaintiff', and the equity
of redemption fhall thereupon be foreclofed, that theeftate fo mortgaged fhall be fub-
jeft to a future fale on the following terms, and conditions, that is to fay; that the
fherifF of the refpective counties, wherein fuch property fhall be, having given a subject to «ie
full and perfect defcription thereof, fhall immediately after being notified in writing by iSf1"80*"
the attorney or folicitor general, that the proceedings on the bill of foreclofure are
ended, and that the defendant or defendants, are by law precluded from the right of
redemption, of the premifes, advertife the fame for fale in both the gazettes of Savan- TobeadmtN
nah and Augufta, at leaft three months before the day of fale, having due regard that EmSE?
the fale in one county, fhall not interfere with the fales of another, for v/hich purpofe
N
d:
im.il
98 CONFISCATION AND AMERCEMENT.
the executive fhall appoint the time in each county when the fales mall commence,
and that the conditions of the fales to be made as aforefaid, fhall be on the following
^f/^'J^ terms, 'that is to fay, on a credit of five years, in equal annual payments, the purcha-
ight^ent!' fer firft giving a mortgage on the premiles for the payment of the principal in annual
Ivuha'mort- inftalments, and good and fufficient perfonal fecurity for the annual intereft at and af-
Fnles°"ndeSecru- ter the rate of eight per centum which fhall accrue, as well upon the fum annually due
KrLtorn n" as alfo the interelt on the remainder money : the bonds to be taken (hall be made pay-
able to the governor for the time being, and the fucceffors in office, in the following
what SMi be denominations of public fecurities, that is to fay, governors, prefidents or fpeaker's war-
paymetiU' rants, audited or funded certificates, the prefent or any former treafurer's certificates
(except Wade and O'Brien, and Seth John Cuthbert's, whofe accounts remain unfet-
tled) the paper medium of this (late, iifued the third day of Auguft one thoufand fe-
ven hundred and eighty-fix, or in gold or filver.
MiemTscom- 2- And be it further enatfed. That the flierifFs of the feveral counties, fhall be al-
.pcnntion. lowed, at the rate of one per centum on the value of property, which he or they fhall
fell, under and by virtue of this aft, which coromiffioners as aforefaid, fhall be in full
Bonds taken to compenfation for all charges, duties, and fei vices herein required, and the bonds and
be sent to tue tj * * x ■>
treasury. mortgages fo taken by the In e riffs fhall immediately thereafter be tranfmitted to the
treasurer, whofliall give a receipt for the fame, defcribingas fully as may be, a parti-
cular account of the feveral bonds and mortgages.
sheriff may a»- o. And in cafe where the fheriff of any countv is not fufficiently informed of the
certiin the J J *
boundaries quantity or number of acres, which any traft or trafts of land fubieft to fale by this
and quantity of-**. * -J „ '
?rCarcetsbn rufeof a^' mall contain or the boundaries of any fuch lands, he (hall apply to the fuperior
survey. court, and upon (hewing caufe to the fatisfa6tion of the court may, obtain a rule of
furvey, on tuch conditions as the court fhall direft ; and fhall after the fale of fuch
land, file the furvey of record in the clerk's office of the fuperior court, and that the
^ren«of«ir-expcnce of fuch furveys fhall be laid before the judge of the fuperior court, and upon
■certained and being approved of, the fame fhall be allowed out of the fpecie part of fales.
Aitorneyo- 4- And it fhall be the duty of the attorney or folieitor general to furniih the flierifFs
rai^furn'isn of the refpefti ve coun ties with a form of a bond, which will enable the governor for the
l!'mfthe'forra time being to obtain judgment on the whole money due on fuch bond, on failure of
payment of either of the instalments, but that execution fhall iffue only for fuch m-
iiaiments as they become due; which form of a bond fhall govern fuch fheriffs in the
performing the duties required by this aft.
two an,', an 5- And be it further enacted^ Thatthe pur chafer fhall pay two and an half per centum,
er/^rcim- in fpecie on all purchafes made under this aft; Provided this fhall not extend to af-
i?J$*!lv- feet any purchafe or purchafes which may be made under and by virtue of this act
fromv.hicu for- academy ufes from which payment, the fheriffs performing the duties herein re-
sheriffs m*11/ t'e- * -i n t i. J J 1 o
0BCt their -com- quired, fhall or may deduct his commiflion of one per centum as full compenfation for
making out and executing titles, and for all charges expences an J Cervices fo required,
andpaythe and the balance of fuch fpecie pay mem, the flier iff fhall pay into the treafury within
lheau-£eas"^ in oiiQ' month after the fale; and in cafe where the purchafcrs fhall not comply with the
"""theTaie. . conditions of t,he fale, the fheriff fhall order theproperty to be re-fold, firfi fubjecting the
noV'c'^picted, purchafer at the mil fale to make up the deficiency which may arife at fuch fecond fale.
property to be r a J f ■ r 1 n 7 n'i • c 1 • i i 1 n n
re-soid. 0. And be it turtlitr cnatied, 1 hat m caies wherein lands or other property ihaii
Ir'stovcrcrs of ... , ,. J . ,; .-..'. . ,. - ,
coetedpro- be fccrcted from the fheriff, any citizen who fhall difcover and make the fame known
crty, to have 'J
"•FeLc,-"t' tnat mcn informer fliall receive ten per centum out of the net amount of fuch
iaies, and fuch property fo difcovered, fliall be fold and difp'ofed of under the like,
terms as is herein pointed out for the fale of property fo as aforefaid foreclofed,-
jcrty
CONFISCATION AND AMERCEMENT. 91)
7. And whereas by fcveral refokuioas and act s of the legislature the feveral coun-
ties in this ft ate were entitled to receive out of the confifcated property, the furn of
one thoufand pounds each, for the encouragement of public 1'chools, but tHat feveral
of the counties fo entitled have not received fuch donation: Be ii therefore enacted, Each cjwhty
That each and every county in this ftate which has not received fuel; donation, the jT.rcSeone
commiflioners of the public academy of fuch coumv (or their agent? to, be by them pSitth«
legally appointed) be at liberty to purchafe at any fale;; of eonfjfeated property intended eftc^eohb
by this afct, the fum of one thoufand pounds, Provided, That in cafes where inch
county has received any part or portion of Inch donation, that fuch linn fo received
fhall be dedufctcd, and the purchafe mall be admitted only for the balance.
8. And whereas the General Aflembly did by their joint refolution of the four- n«soint«»«
teenth day of December, one thoufand ihven hundred and ninety-one, declare that
all original purchafers of confifcated property, or their heirs, executors or adminif-
trators, may within three months after the date of fuch refolution fignify to the trea-
furer how they wifh the monies fo paid in by them to be applied, whether in dif
charge of the principal or intereft bond, which resolutions require the further fenfe
of the legiflature: Be it enacted, That no transfer of payment fhall be had or ad-
mitted from the principal bond to the intereft, in any cafe wherein the purcliafer
or purchafers, or their reprefentatives, had made fale of fuch property, but that
pavments made on the principal bond in fuch cafes fhall be coniidered as payment
thereon only, and that the faid refolutions did not extend to the injury of fair purcha-
fers under the ftate title, but only as a relief to perfons holding their purchafes i»
their own right.
9. And be it further enacled, That the commiflioners of Louifvillebe authorized and eg^^a
empowered, to p u rchafe property at the fales aforefaid, to the amount of two diou-e^rP°^^9
fand pounds, for the purpofe of carrying on, and completing the ftate houfe at Lou- l$j$**t tbc
ifville, on the fame terms as the commiffioners of the academies of the refpeclive compi^t?*
counties. m^mm-
10. And whereas there are debts due by citizens of this ftate to perfons named in citizen, in-
the a£t of confifcation and banifhment aforementioned, which by the faid a£t became *Z™%hl3fll
the property of the ftate, but no mode was therein pointed out for their difcharge: ffswtedtwpay
Be it further enacled, That the citizens fo indebted to perfons named as aforefaid, mall to the treasury,
be at liberty, for and during the term of one year from and after the paffing this a£t, Gciv~d ►? w
to pay the fame into the public treafury of the ftate, in any paper emifTion or public
fecurities thereof (except O'Brien and Wade's or Seth John Cuthbert's certificates);
and the treafurer is hereby authorized to receive the fame on oath, and to grant full Treasured*
' o receive the
acquittance or difcharge therefor ; and after that period any perfon who was a citizen Mmeonjath,
of the United States on the eleventh day of July, one thoufand feven hundred and ch-re«-
eighty-two, to whom perfons named in the a6t of confifcation were indebted, fhall Regulation^'
and may fue out and profeeute his or her attachment againft the perfon or perfons f^^0/18
fo named on the faid act, and thereby attach the goods and chattels of fuch confif- confiscation.
cated and banifhed perfon, which belonged to him or them, on the aforefaid ele-
venth day of July, one thoufand feven hundred and eighty-two, in the hands of any
perfon or perfons whomfoever, in like manner as attachments now ifiue, and the
perfon or perfons to whom copies of the attachment may be ferved fhall, be bound
to appear and anfwer as is the cuftomary mode in the courts of this ftate : Provided,
That nothing herein contained fhall be conftrued to extend to grant any power to ?™™°-
attach real eftate: And provided, That where perfonal property fhall be fo attached, S^f^ the
twenty per cent, fhall be paid into the public treafury out of the amount of every ^iryofthe
2
ioo CONFISCATION AND AMERCEMENT.
attachment fo iffued and profecuted to judgment: And provided alfo, That nothing
herein contained (hall extend to authorize an attachment of" any property that may
have been difpofed of by donation or fa!e by the public of the ftate.
WILLIAM GIBBONS, Speaker of the Houfe of Reprefentatives.
BENJAMIN TALIAFERRO, Prefident of the Senate.
Concurred December 20, 1792.
EDWARD TELFAIR, Governor.
An aB to amend an atl, pointing out the mode under which property reverting to this flats
Jhall be difpofed of
■Mortgaged pre- i . TV E IT ENACTED by the Senate and Houfe of Reprefentatives of the flats
mises, foveclo- M% r /-> • /-> ; a rr j 1 i 1 i 1 ■ r i r ■
thestate^f"* ^"^ °J (jeorSia l)l (general AJJembly met, and by the authority oj the fame, That
Sbieby ttee *n a^ cafes where a foreclofure of any mortgage has been or fhall be complete, wherein
symnuwioaers. tfre governor for the time being, on the part and behalf of this ftate, fhall be plaintiff,
and the equity of redemption mall thereupon be foreclofed, that the eftate fo mort-
gaged mall be fubjett to a future fale on the following terms and conditions : that is to
fay, That the commiffioners hereby appointed, having given a full and perfect de-
scription of fuch property as may be in the refpetiive counties, fhall, immediately af-
. ler .being notified in writing by the attorney or folicitor general that the proceedings
on the bill of foreclofure are ended, and that the defendant or defendants are by law
precluded of the right of redemption of the premifes, advertife the fame for fale in
s%iestobea£ both the gazettes of Savannah and Augufta, at leaft three months before the day of
Augusta.'1 *! fale, which fales fhall beat Savannah and Augufta; and that the conditions of the
conditions — fales to be fo made as aforefaid, fhall be on the following terms : that is to fay- on a
Ieuat4"-hve crecht or five years in equal annual payments, the purchaier nnt giving a mortgage
T^cfnt.Hn- on tne premifes for the payment of the principal in annual inftalments, and good and
terest. fufficient perfonal fecurity for the annual intereft, at and after the rate of eight per
centum, which fhall accrue as well upon the fum annually due as alfo the interefl on
what to be re- the remainder money: the bonds to betaken fhall be made payable to the governor
■eel veil in p«ty~ . . ^
ment. for the time being, and his fucceffors in office, in the following denominations of pub-
lic fecurities: that is to fay, governor's, president's or fpeaker's warrants, audited or
funded certificates, the prefent or any former treafurer's certificates (except Wade's,
O'Brien's and Seth John Cuthbert's, whofe accounts remain unfettled), the paper
medium of this ftate, iffued the third day of Auguft, one thoufand {'even hundred
and eighty-fix, or in gold or filver : Provided neverthelefs, That nothing herein con-
tained fhall tend to prevent any purchafer or purchafers from paying immediately the
whole amount of his, her or their purchafe money, or any part or parcel thereof,
at any time or times before th-e fame mall become due.
commissioners 2. And be it further enabled, That the commiffioners fhall be allowed at the rate of
permit one per centum on the value of property which they fhall fell, under and by virtue of
Bonds &c- this act, which commiffions fhall be in full compensation for all charges, duties., and
the^wsurer? fervices herein required; and the bonds and mortgages to be taken by the commiffion-
ers, fhall immediately thereafter be tranfmittedto thetreafurer who fhall give a receipt
for the fame, defcribing as full as may be, a particular account of the feveral bonds and
mortgages; and in cafes where the commifijoners are not fuffixiently informed of the
CONFISCATION AND AMERCEMENT.' 10*
quaritiiV or Dumber of acres, which any tract or tracts of land fubject to fale by this
act, (hall contain, or the boundaries of any fuch lands, they {hall apply to the fuperior superior conn*
C'oii'rtj and upon {hewing caufe to the fatisfaction of the court, may obtain a rule of fur- tf«Jw£.rBn
vey on fuch conditions as the court {hall direct; and fnall, after the fale of fuch land,
file the fur vey of record in the clerk's office of the fuperior court, and that theexpences
of fuch furveys fhallbe laid before the judge of the fuperior court, and upon being
approved of by the fame, {hall be allowed out of the fpecie part of the fales. And it Attorney or to-
rn ail be the duty of the attorney or folicitor general, to furnifh the commiffioners tofumf^e
with a form of a bond, which will enable the governor for the time being, to obtain w°tn tiwfwm
judgment on the whole money due on fuch bond, on failure of payment of either of
the inftalments ; but that executions (hail iffue only for fuch initalments as they be-
come due ; which form of a bond (hall govern fuch commiffioners in performing the
duties required by this act.
3. And ht it further enabled, That the purchafer {hall pay two and one half per cent. The purchaser '
in fpecie on all purchafes made under this act, from which payment the commiffion-aSB/™'1"4
ers {hall or may deduct their commiffion of one per centum, which {hall be in full com- "".^"oT"
penfation for making out and executing titles, and for all charges, expences and fer mi^one^are""
vices fo required, and the balaifce of fuch fpecie payment the commiffioners (hall pay theba^ancew
• ■« be paid, into
into the treafury within three months after the day of fale, Provided nevertheless, the treasury in
/ . J / J J three months
That this claufe {hall not extend to affect lands purchafed under and by virtue of this Purchases tor
L ' acRclemies, ex-
act lor academy ufes. emptedfrom
/ t _ specie pay-
4. Be it further e nailed by the authority afore [aid. That the commiffioners of ™
ems
ommissionew
Louifville be, and they are hereby authorized and empowered to purchafe to the of
empowered to
to the
two
thousand
amount of two thoufand pounds of faid property, for the purpofe of effecting the ^oinfof
contract entered into by the faid commiffioners for. completing the building of the pound
ftate houfe, on the fame terms as the commiffioners of feveral academies in this ftate,
who are authorized to purchafe at the fales aforefaid; and in cafe where the purcha-
fers {hall not comply with the conditions of the fales, the commiffioners {hail order Temtapfsaie
the property to be re-fold, firft fubjecting the purchafer at the firft fale, to make up the ^th.Topmy
deficiency which may arife at fuch fecond fale.
5. And be. it further enacted, That three fit and clifcreet perfons {hall be appointed Three commis-
commiffioners to carry this aft into effeft,one of whom {hall refide in each of the feve- ^nei;>appo'"
ral divifions of this (late, which divifions fhall be agreeable to the militia law thereof.
6. And be it further enabled, That the faid commiffioners, previous to their entering Must give bond
on the execution of their appointment, {hall feverally give bond, and fufficient fecurity ?{£ governor in
to his excellency the governor, in the furn of ten thoufand pounds each, condi- pounds^S.
tioned refpeftively, for the true and faithful exercife and difcharge of the trait rep o fed
in them by this aft, which bond {hall be lodged in the hands of the public treafurer
of this ftate.
7. And be it enabled, That in cafes wherein lands or other property, {hall be fe- Persons disco-
1 f L. TV • • 1 n 11 ■ f 1* ■ i 1 1 r vering; secreted
cretecl trom tne coramiiiioner:;, any citizen who mail diicover and make the lame property, to
known, that fuch informer (hall receive ten per centum out of the fpecie amount of cent- on the a-
^ . 1 * mount
fuch fales; and fuch property fo difcovered {hall be fold and difpofed of under the
like terms as is herein pointed out for the fale of property fo as aforefaid foreciofed.
8. And whtreas, by feveral refolutions and acts of the legiflature, the feveral ailowedTo^ur-
counties in this ftate now entitled to receive out of the confiscated property, the mountofonea"
fum of one thoufand pounds each, for the encouragement of public fchools, but Pi;un<j,forth'
that feveral of the counties fo entitled, have not received fuch donations: Be it there- cad<T -*-
771 CC'01 those tha
fore enabled, That, each and every county within this ftate, which have not received ]}^litt
that
tm CONFISCATION AND AMERCEMENT.
fuch donation, the eomnaiffioners of the public academy of fuch count)', or their
agents, to be by them legally appointed* be at liberty to purchafe at any fales of
confifcated property intended by this aft, the furn of one thoufand pounds : Provided,,
That in cafes where fuch county hath received any part or portion of fuch donation,
that fach fuiai fo received, {hail be deducted, and the purchafe fhali be admitted only
for the balance.
^TnTon'l1'-2,1' 9- And whereas a number of perfons have purchafed confifcated property, which
ww«c nas not b^0 paid for: Be it therefore mailed^ That fix months after the date hereof,
pSc.fc,Iteri be- allowed for the payment of any funis which may be due, with cofts of fuit, where
a foreclosure of the mortgage has taken place; and the Commiilioners to be appointed
»roYiso. under and by virtue of this a£i, are hereby directed and required to make titles for
p^rdf&hcre mcn Prof>erty after payment as aforefaid. Provided, That this fhall not extend to
moun"tch« not affeft any purchafe where one half of the amount thereof has not been paid.
^cnpski. 10> Whereas it is indifpenlibly necefiary that the outftanding debt of this ftate
mould be afcertained, as well to form a proper check upon the papers thereof as to
make an adequate provifion for their redemption ; And whereas many counterfeit
certificates and other liquidated claims againft this ftate have been difcovered, which
lo nearly comport with the genuine papers of the fame defcription as with difficulty
to be diftinguifhed even by the figner thereof: And whereas the papers of the ftate
heretofore have been partially iffued, without a proper check to preierve the credit of
the fame, and to guard the intereft of the ftate, and the individual holders thereof:
for remedy whereof,
*in?Kd ton" Be it therefore enacted, That his excellency the governor, the prefident and late
£rcV"n4^s«~e auditor, and the treafurer for the time being, be, and they are hereby conftituted, a
edicrs. board to take in and receive all liquidated claims iffued by authority of this ftate (thofe
iffued by Wade and O'Brien, and Seth John Cuthbert, whofe accounts remain unfet-
iied, excepted), and they and any two of them, the auditor being one, fhall, and
they are hereby authorized and required to iflue others in lieu thereof, with a proper
check, purfuing as nearly as may be the plan and form of thofe iffued by the United
States ; and for fuch fervices the late auditor fhall be provided for by a future legis-
lature.
Repealing ii. And be it further enacted, That fo much of the above recited aft, entitled
" An aft pointing out the mode under which property reverting to the ftate fhall be
difpofed of," as militates with this aft, be and the fame is hereby repealed,
WILLIAM GIBBONS, Speaker of the Houfe of Reprefentatwes.
BENJAMIN TALIAFERRO, Prefident of the Senate.
Concurred December 20, 1793.
GEORGE MATHEWS, Governor,
• • • • •
An act for the taking the name of William Stephens from and out of the amercemmt
law of this ftate, and for reflormg him to all the rights, privileges and immunities
of a free citizen.
1. T XTHEREAS in and by the. confiscation law, paffed at Augufta on the fourth
V V day of May, one thoufand feven hundred and eighty-two, for inflifting
penalties on and eonfifcating the eftates of fuch perfons as are therein declared guilty
CONFISCATION AND AMERCEMENT. i0£
of trca'fon, and for other purpofes therein mentioned, the name of William Ste-
phens was therein included, and the perfon of the faid William Stephens was thereby
attainted, and his property confifcated to and for the ufe of the faid ftate: And where-
as, on the fifth day of Auguft lad paft, the legiOature, confidering many good and
fufficient reafons for their fo doing, did take from and without the connfeadon law
certain perfons therein named, and among others the faid William Stephens, and
placed the faid perfons on the a6t for amercing certain perfons therein named, and
for other purpofes therein mentioned, paffed the day and year laft aforementioned,
whereby the property only of the faid perfons became affected, exclufive of incapa-
bility to ferve the ftate during the time therein laid down and fpecified: And whereas
the GonducT: of the faid William Stephens has been fuch as to merit the further atten-
tion of the good citizens of this ftate:
Be it therefore enacted by the freemen of the fate of Georgia, in General Affembly
met, and it is hereby enacted by and with the authority aforefaid, That, from and im-
mediately after the palling of this acl, the laid William Stephens mall be, and he
hereby is fully and amply reinitated in the full pofleffion of all and every right and
rights, privileges, immunities and liberties which a free citizen poffibly can, may or
now does hold within the ftate of Georgia aforefaid.; any thing in the faid conhfeation
and amercement laws to the contrary thereof contained notwithstanding,
2. And be it further enacted, That all paragraphs, fentences or words, mentioning,
fpeaking of or concerning the faid William Stephens, in the faid laws, or cither of
them, are hereby repealed and declared null and void, and of no efFeft.
3. And be it further enacted, That this aft {hall be a public act. and given as fuch
in evidence.
By order of the Houfe,
N. W. JONES, Speaker,
Savannah, 8th February, 17S3.
An act to repeal an act, auiilcd li An act for inflicting penalties on, and conff eating
the eflales of fuch perfons as are therein declared guilty of treafon, and for other pur-
pofes therein mentioned, fo far as the fame relates to the banifhment of Simon Monroe.
1. Rendered obfolete by act of 1797.
2. And be it further enacted, That all and every part and parts of the faid act rela-
ting or belonging to the heirs, devifees and amgns of John Forbes, deceafed, be and
is hereby repealed; and that all bonds for any part of the property fold of the faid
John Forbes be given up by the treafurer to the heir or heirs.
By order of the Houfe,
WILLIAM GIBBONS, Speaker.
Augufta, 13th February, 1786.
An act for taking certain perfons out of the act of conffcation and banijhmeht, as far as1
refpeits the banifliment of the perfons therein named, and other purpofes therein men-
tioned-.
1. "f 71 THEREAS the legiflature of this. ftate by an act palled the fourth day of
V V May one thoufand feven hundred and eighty-two, at Augufta, entitled " An
104 CONFISCATION AND AMERCEMENT.
acl. for confifcating and banifhing certain perfons therein mentioned," did confiscate the
eflate and banilh the perfon of Philip Belegal jun. a'.fo did confifcate, of John
M'Donald, his heirs devifees and affigns.' And whereas the prefent legifiaturehave a-
greed to take the faid Philip Delegal, and the heirs devifees andaffigns of John M'Do-
nald, out of the faid acl of confifcation and banifhment, fo far as it refpefts the banifh-
ment of laid Philip Dclcgal, and the heirs, devifees and affigns of John M'Donald. Beit
therefore enacted, by the rep rejent alive s of the freemen of the fl ate of Georgia in General
AJJcmbly met, and it is hereby enabled by the authority of the fame, That Philip Dele-
gal, and the heirs, devifees and affigns of John M'Donald, be, and they are hereby
feverally relieved, from the pains of the faid aft of confifcation and banifhment, fo far
as refpecrs the banifhment of the faid Philip Delcgai, and the heirs, devifees and af-
figns of John M'Donald.
2. And be it further enabled by the authority aforcfaid, That the property both real
and perfonal of the faid Philip Delegal, and faid John M'Donald, his heirs, devifees
and affigns, that has remained unfold by the commifiioners of confifcated eflates, un-
der the acl of confifcation and banifhment, fhall be theirs to all intents and purpofes,
any thing contained in the acl of confifcation and banifhment to the contrary not-
withftandirig.
3. And be it further enabled, That Thomas Gibbons, Patrick Crookfhanks and
Alexander" Spears, of the county of Chatham, efqrs. John Glynn, James Spald-
ing, Thomas Young, Levy Sheftall, George Barnes and John Taylor, be and they
are hereby admitted to all the rights and privileges of free citizens of this Rate, any
law to the contrary notwithstanding.
• 4. And be it further enabled by the authority afore faid, That the a6l of confifca-
tion and banifhment, fo far as relates to the banifhment of Abraham Mince)', John
Corker, John Fox, and William Jones, be and the fame is hereby repealed.
5. And whereas there are debts due, and property which remain unfold, belong-
ing to theePate of Thomas Fleming, deceafed, and application has been made to
this houfe by Mary Fleming, widow of the faid Thomas Fleming, to veft fuch
debts and property in her, Be it enabled by the authority aforcfaid, That all debts due
to the faid eflate, and property which remain unfold, be veiled in the faid Mary
Fleming for the ufe of herfelf, her heirs and affigns forever.
By order of the Houfe,
WILLIAM GIBBONS, Speaker.
Augufta, February 10, 1787.
An acl for vefling certain property in Philip Hornby, in right of his wife, Henrietta
flornby, formerly Henrietta Goldfmith, widow of Thomas Goldfmith, deceafed, a per-
fon named in the acl of conff cation and banifhment.
1. "¥ JfTHEREAS the faid Philip Hornby in the year one thoufand feven hundred
V V and eighty-three, by his petition preferred to the legiflature of this ftate, pray-
ed that his wife Henrietta. Hornby, formerly widow of Thomas Goldfmith, deceafed,
who is named in the acl: of confifcation and banifhment, might have fome fupport
from the eflate of the faid deceafed, and it appearing by the refoluticn of the Houfe
of Affembly, one thoufand feven hundred and eighty -five, that a bill fhould be paf-
fed vefling all the property formerly belonging to the faid Thomas Goldfmith^ which
CONFISCATION AND AMERCEMENT. 105
remains unfold by the commiffioners of confifcated eftates, in the faid Philip Hornby,
he being anfwerable for all damages that may be brought againft the faid Thomas
Goldfmith, and giving bond to his honor the governor, for the time being, in a
fufficient mm indemnifying the ftate againft all fuch demands.
Be it therefore enabled by the reprefentatives of the freemen of the fate of Georgia.,
in General Affembly met, and by the authority of the fame, That all the eftate real and
perfonal of the faid Thomas Goldfmith, deceafed, that remains unfold by the com-
miffioners of confifcated eftates, fhall be, and the fame is hereby declared to be veiled
in the faid Philip Hornby, to hold the fame to him, his heirs and affigns forever, any
thing contained in the faid acl of confifcation to the contrary notwithftanding: Pro-
vided always, and it is hereby declared, That the faid Philip Hornby (hall be, and is
hereby made liable to anfwer for payment of all debts and damages that may be due
by, or recoverable againft the eftate of the faid Thomas Goldfmith, and fo far as
fuch eftate herein veiled fhall extend, and no further.
2. And be it further enabled, That the faid Philip Hornby fhall, within twelve
months, give bond to his honor the governor for the time being, in fuch fum of ■
money as may be fufficient to indemnify this ftate againft all claims or demands againft
the eftate of the faid Thomas Goldfmith, confifcated as aforefaid.
3. And be it further enabled, That this acl iliall be deemed and taken in law as a
public a£l, and as fuch received as evidence in any court in this ftate.
By order of the Houfe,
WILLIAM GIBBONS, Speaker.
Augufta, 10th February, 1787,
An act for vefing the efates, real and perfonal, unfold, of Henry Sharp and Matthew
■ . Moore, in the hands of their refpebtive children.
1. T IK 7HEREAS in and by a certain a£l of the legiflature, paifed and dated at
V V Augufta on the fourth day of May, in the year of our Lord one thoufand
feven hundred and eighty-two, commonly called the confifcation a£i, the property
real and perfonal of the faid Henry Sharp and Matthew Moore, their heirs, devifees
and affigns, was refpe&ively confifcated to and for the ufe and benefit of the faid
ftate : And whereas a part of the eftates of the faid Henry Sharp and Matthew Moore,
remains unfold: Be it therefore enabled by the reprefentatives of the freemen of the
fate of Georgia in General Affembly met, and by the authority of the fame, That from
and immediately after the paffing of this a£l, the children of the faid Henry Sharp
,and Matthew Moore, refpeclively,-. fhall be fully and abfolutely entitled to fhare, and
ihare alike to all fuch parts of the eftates real and perfonal of the faid Henry Sharp
and Matthew Moore, as have not already been fold under and by virtue of the faid
a£l of confifcation : Provided always, neverthelefs, That the guardian, truftee or at-
torney of fuch refpeftive children do and fhall give bond in the fecretary's office for
the payment of the due proportion of fuch debts as may appear againft the eftate of
the faid Henry Sharp and Matthew Moore, their heirs, devifees and affigns, and fuch
property as remains unfold fhall, previoufly to their taking poffeffion, be valued by
three freeholders qualified for that purpofe, and a certificate of fuch appraifement
fhall be forwarded to the auditor, certified by a juftice of the peace.
By order of the Houfe,
WILLIAM GIBBONS, Speaker,
Augufta, 10th February, 1787.
O
io6 CONFISCATION AND AMERCEMENT.
An aB to vefl certain property in Anne Stewart.
1. T JL THERE AS by an aft paffed the tenth day of February one thoufand feven
V V hundred and eighty-feven, the property formerly belonging to Thomas
Goldfmith, jun. a perfon named in the aft of confifcation and banifhment, was
veiled in Philip Hornby, who had married the widow of the faid Goldfmith. And
whereas fome doubts have arifen about the extent and operation of the aforefaid aft,
paffed the tenth day of February one thoufand feven hundred and eighty-feven. Be
it enaBed, that the faid law (hall not be conftrued to extend to any reverfionary pro-
perty, or remainder of which the faid Goldfmith was not feized or poffeffed, and of
which he was debarred of being feized and poffeffed by the aforefaid aft of confifcation
and banifhment.
2. And be it further enaBed, That a certain property which was conveyed to
Hannah Goldfmith, mother of the faid Thomas Goldfmith, during her life, and which
would have reverted, or remained over to the faid Thomas Goldfmith, had he not been
prevented from inheriting the faid reverfion or remainder by the aforefaid aft of con-
fifcation and banifhment, mail veft and be forever fixed in Anne Stuart, daughter of
Alexander Stuart, at the death of the faid Hannah Goldfmith.
By order of the Houfe,
NATHAN BROWNSON, Speaker,
February i, 1788.
An aB to vejl certain property in Rachel Johnjlon and her children.
1. 'W 7HEREAS Rachel Johnflon, the widow of Jofeph Johnflon deceafed, a
V V perfon named in the aft of confifcation and banifhment, hath applied to the
legiflature by petition, praying that the property of the faid jofeph Johnflon, which
remained unfold may be relinquiflied by the flate, and given up to the faid Rachel
johnflon for the fupport of herfelf and children. And whereas the legiflature hath
granted the petition of the aforefaid Rachel.
Be it therefore enaBed by the Senate and houfe of reprefentatives of the flate of Geor-
gia in General Affembly met, That all the property both real and perfonal, which re-
mains unfold by the commiflioners of confifcated eflates, which of right may appertain
to the eflate of the faid Jofeph Johnflon deceafed, be, and the fame is hereby declared
to be relinquished and given up on the part of the flate to the aforefaid Rachel John-
flon, for the fupport of herfelfand children; always fubjefting fuch eflate fo relin-
quished and given up, to the payment of all debts and dues, which may be due and
owing from the fame.
SEABORN JONES, Speaker of the Houfe of Reprefentatives,,
NATHAN BROWNSON, Prefident of the Senate.
Concurred, December 8, 1789.
EDWARD TELFAIR, Governor.
An aB for repealing certain parts of the aB of conff cation and banifhment.
i
WHEREAS the legiflature of this flate, by an aft paffed the fourth day of May
one thoufand feven hundred and eighty-two, at Auguftaj entitled " An aft
CONFISCATION AND AMERCEMENT. >.o;
for confifcation and banifhing certain perfons therein mentioned," did confifcate the
property of Nathaniel Polhill, his heirs, devifees and affigns, and the property of
Polhill Cormick, John Thomas, Peter Edwards, and James Butler, and did banifli
the faid perfons from this ftate ; Be it enabled, That as far as the faid aclof confifca-
tion refpecls Nathaniel Polhill, his heirs, devifees, and affigns, be and is hereby re-
pealed.
2. And be it jurther enabled by the authority of or ef aid, That one half of the eftatc
of Nathaniel Polhill, unfold by the commiffioners of confifcated property, be veiled.
in Elizabeth Nowland, widow of the faid Nathaniel Polhill, and her heirs.
3. And be it farther enabled, That the property of the faid John Thomas, which
remains unfold, be, and it is hereby veiled in Elizabeth Sharp, the wife of John Sharp
jun. and the property of Paul M'Cormick, which remains unfold, be, and it is
hereby veiled in Frances M'Cormick and her heirs.
4. And be it further enabled, That as far as the afore faid acl of confifcation and
banifhment, refpecf ing the baniihment of the aforefaid Peter Edwards, and James
Butler, James Jackfon, John Douglafs, William Corker, James Ingraham, Thomas
Waters and John Johnfon, be, and is hereby repealed.
By order of the Houfe,
NATHAN BROWNSON, Speaker,
February 1, 1788.
In abl to repeal an abl entitled, " An abi for inflicting penalties on, and conffcating the
ejlates of fuch perfons as are therein declared guilty of treafon, and for other pur-
pofes therein mentioned," fo far as refpebis the banifhment of Doctor Thomas Taylor^
Abfolom Wells) Cordy Sharp, Benjamin Fox, William Powel and John Johnfon.
1. 13 E IT ENACTED by the Senate and Houfe of Reprefentatives of the fate of
-U Georgia, in General Affcmbly met, That the acl: entitled, " An a£t for inflict-
ing penalties on, and confifcating the eilates of fuch perfons as are therein declared
guilty of treafon, and for other purpofes therein mentioned," paifed the fourth day
of May, one thoufand feven hundred and eighty-two, fo far as refpecls the banifh-
ment only of the perfons of the faid Doclor Thomas Taylor, Abfalom Wells, Cordy
Sharp, Benjamin Fox, William Powel and John Johnfon be, and the fame is
hereby repealed*
WILLIAM GIBBONS, Speaker.
NATHAN BROWNSON, Prefident of the Senate,
Concurred December 8, 1791.
EDWARD TELFAIR, Governor.
An aB for the relief of the heirs and reprefentatives of Alexander Inglis deceafed*
WHEREAS the General Affembly of this ftate by their concurrent refolu-
tions, on the tenth day of EJecember, one thoufand feven hundred and
day
ninety, did declare that the faid Alexander Inglis fhould be admitted to all the rights
io8 CONFISCATION AND AMERCEMENT.
of citizen (hip in this ftate, which faid refolutions require an a£l of the General Affem-
bly to carry them into effeci; And whereas the faid Alexander Inglis hath fince de-
parted this life, and his heirs and reprefentatives have not received the benefits in-
tended by the faid refolutions: Be it therefore enacted by the Senate and Houfe of
Reprefentatives of the fate of Georgia in General Affembly met^ That all the eftate,
real and perfonal of the faid Alexander Inglis in this ftate, which he was enti-
tled to in law or equity, prior to the fourth day of May, in the year of our Lord
one thoufand feven hundred and eighty-two, or at any time fince, except fuch as
may have been fold by the commiffioners of eonfifcated eflates, be, and the fame
is hereby veiled in the children of the faid Alexander Inglis, fhare and fhare alike,
in the fame manner, and under the fame rules of law,, as if the faid Alexander Inglis
had departed this life in the ftate of Georgia inteftate, and as if the faid Alexander
Inglis had not been named, comprehended or included in the aforefaid acl of confif-
cation.
2. And be it further enacted. That it fhall and may be lawful for the executors of
the faid Alexander Inglis, or the guardians of the faid minors, children of the
faid Alexander Inglis, to recover and receive the property of the aforefaid Alexander
Inglis, intended to be herein and hereby vefted in the faid minors : the acl: entitled,
w An aft for inflicling penalties on, and for conlifcating the eftates of fuch perfons as
therein declared guilty of treafon, and for other purpofes therein mentioned," to
the contrary thereof in any wife notwithstanding.
WILLIAM GIBBONS, Speaker of the Houfe of Reprefentatives,
BENJAMIN TALIAFERRO, Prefident of the S 'mate.
Concurred December 8, 1792.
EDWARD TELFAIR, Governor.
An act for the relief of John Fur low ^ one of the perfons named in the act of conff ca-
tion and banijhmenti
1. TX THERE AS the lejjiflature of this ftate, by an acl: paffed the fourth day of
V V May, in the year of our Lord one thoufand feven hundred and eighty-two,
at Augufta, entitled, " An aft: for inflifting penalties on, and confifcating the ef-
tates of fuch perfons as therein declared guilty of treafon, and for other purpofes
therein mentionedj" did confifcate the eftate of, and banifh the perfon of a cer-
tain John FurloW, then late of the county of Richmond: Be it enacted, by the Senate
and Houfe of Reprefentatives of Georgia, in General Affembly met, That the faid John
Furlow, be, and he is hereby relieved from the pains and penalties of the aforefaid
acl:, fo far as the fame refpefts the banifhment only of the faid John Furlow.
THOMAS NAPIER, Speaker of the Houfe of Reprefentatives,
BENJAMIN TALIAFERRO, Prefident of the Senate,
Concurred December 25, 1794.
GEORGE MATHEWS, Governor.
CONFISCATION AND AMERCEMENT. 109
An atl, to repeal the act entitled " An act for inflicting penalties on, and confiscating
the eflates of fuch perfons as are therein declared guilty of ire af on, and for other pur-
pofes therein mentioned,'" paffed the twenty -fecond day of May one thoufa,udfeven hun-
dred and eighty-ttvo, as far as refpeBs the reprefentatives of Donald MiLeod, deceaf-
ed, George Weekly and Thomas Waters.
1. T3E IT EN ACTED by the Senate and Houfe of Reprefentatives of the fate of Geor-
-13 gia in General Affembly met, and it is hereby enacted by the authority of the fame,
That fo much of the laid recited law, fo far as refpe6ts the reprefentatives of Donald
M'Leod, be, and the fame is hereby repealed, and all property whatfoever which was
veiled in the faid Donald M'Leod, at any time before the paffing of fuch law, and
which yet remains unfold, be as abfolutely veiled in his reprefentatives, as if no fuch
law had paffed.
2. And be it further enabled, That fo much of the faid law as refpecls the banifh-
ment of George Weekly and Thomas Waters, be and the fame is hereby repealed,
But this act (hall not extend, or be conftrued to extend to reftore any property of
the faid perfons, actually fold by the commiffioners of confifcated property.
THOMAS NAPIER, Speaker of the Houfe of Reprefentatives,
BENJAMIN TALIAFERRO, Prefi dent of the Senate,
Concurred December 29, 1794.
GEORGE MATHEWS, Governor.
An act for the relief of the heirs of Simon Monro deceafed.
1. "TX7HEREAS capt. Harry Monro, late a Britifh fubjecl, died veiled of real ef-
V V tate, in thisflate, and did by his will bearing date the 14th day of Novem-
ber, and in the year 1780, leave the fame to the heirs of Simon Monro, late of this ftate
deceafed, who are citizens of the United States : Be it enacted by the Senate and Houfe
of Reprefentatives of the /late of Georgia in General Affembly met, and by the authority
of the fame, That from and immediately afteY the paffing of this aft, the real eftate of
the faid Harry Monro, late a Britifh fubjecl, which has not been fold under, and by
virtue of the aft of confifcation, is hereby declared to be veiled in the heirs of Si-
mon Monro, late of this flate, deceafed.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives,
DAVID EMANUEL, Prefi dent of the Senate.
Concurred February 8, 1797.
JARED IRWIN, Governor.
An act to repeal an act, entitled "An act for inflicting penalties on and conff eating the
efates of fuch perfons as are therein declared guilty of treafon, and for other purpo-
ses therein mentioned^ fo far as relates to the banifhment of William Oates and John
Henderfon.
3.
BE IT ENACTED by the Senate and Houfe of Reprefentatives xf the flate
of Georgia, in General Affembly met3 That the acl entitled " An acl for in-
no CONFISCATION AND AMERCEMENT.
dieting penalties on and confiscating the eftates of ftich peiTons as are therein declared
guilty of treafon, and for other purpofes therein mentioned," palled the fourth day
of May, one thoufand \cvtn hundred and eighty-two, fo far as relates to the banifh-
ment only of William Oates and [ohn Henderfon, be, and the fame is hereby repeal-
ed. And that the faid William Oates and John Henderfon, be and they are hereby
rcflored to all the rights of ckizenfhip. Provided, That they fhall not be entitled
to claim, hold, or recover property fold under the faid aft:, formerly belonging to the
laid William Oates and John Henderfon.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, Prefdent of the Senate,
Concurred February 10, 1797.
JARED IRWIN, Governor.
An ad to repeal an act, entitled, " An act for inflicting penalties on Certain perfons
therein named '," fo far as refpects the banifiment of John fohnfon.
1. 13 E IT ENACTED by the Senate and Houfe of Reprefentaiives of the flate of
13 Georgia, in General Affembly met, That the acl entitled " An act, for inflict-
ing penalties on, and conhTcating the eftates of fuch perfons as are therein declared
guilty of treafon and for other purpofes therein mentioned," paffed the fourth day
of May, one thoufand feven hundred and eighty-two, fo far as refpe&s the banifh-
inent only of the perfon of John Johnfon, be, and the fame is hereby repealed.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentaiives,
ROBERT WALTON, Prefident of the Senate.
AfTented to February 7, 1799.
JAMES JACKSON, Governor.
An acl to grant certain privileges to Enoch James, and others, the legal reprefentaiives
of William Durgan, late of Burke county, deceafed.
1. T) E IT ENACTED by the Senate and Houfe of Reprefentaiives of the flate of
JL3 Georgia, in General Affembly met*, and by the authority of the fame, That Enoch
James, and all others, the legal heirs and reprefentatives of William Durgan, late of
Burke county deceafed, one of the perfons named in the a£t of confifcation, be and
they are hereby veiled, in fee fimple of all and lingular, the goods rights and chattels,
which were confifcated as the property of the aforefaid Durgan, fo far as relates to
the perfonal property, confifcated as aforefaid, and which doth now remain undifpo-
fed of by the flate, any law to the contrary notwithflanding.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives,
DAVID EMANUEL, Prefdent of the Senate.
AfTented to November 25, 1800.
JAMES JACKSON, Governor.
An act to repeal an attfor inficting penalties on certain perfons therein named, fo far a:
refpects the punifliment of Chriflopher Frederic Triebner.
1. T> E IT ENACTED by the Senate and Houfe of Reprefentatives of the flate of
JLJ Georgia in General Affembly met, That the acl: entitled *' An a& for inflict
CONVEYANCES, in
ing penalties on, and confifcating the eftates of fuch perfons as are therein declared
guilty of treafon, and for other purpofes therein mentioned," pafled the fourth day of
May, one thoufand feven hundred and eighty-two, fo far as it refpefts the banifh-
ment only of the perfon of Chriftopher Frederic Triebner, be, and the fame is here-
by repealed.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives..
DAVID EMANUEL, Prefident of the Senate.
Aflented to December 5, 1800.
JAMES JACKSON, Governor.
CONVEYANCES.
An atl to prevent fraudulent deeds of conveyances.
WHEREAS many inconveniences may attend the want or neglect of recording preamble,
in the public offices of this province all conveyances of lands, negroes and
other chattels or mortgages of the fame :
1. Be it enacted, That all conveyances of lands, tenements, negroes and other conveyances,
chattels or hereditaments whatfoever, or mortgages of the fame, that were made be- wh«l Sin0'
fore the paffing of this aft, ihall be regiftered in the regifter of the records' office bereeo^ed?
of this province, within three months after the publifhing this aft, except fuch as have
been or may be hereafter executed in Europe, which fhall be regiftered as direfted by
this aft, within a twelve month and a day; and except fuch as have been or may be
hereafter executed in the Weft India iflands, or on the American continent north of
South Carolina, which fhall be regiftered as direfted 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 fail-
ure of which, all fuch as are lawfully and regularly regiftered as aforefaid, fhall be
deemed, taken and confirued to be prior, and fhall take place and be recoverable in
law before any and every deed, conveyance or mortgage which has not been law-
fully regiftered as above, any law, cuftom or ufage to the contrary notwithstanding.
2. And in order to difcourage and deter all and every perfon and perfons from iffraudujent,
making any fraudulent conveyances or mortgages; Be it further enacted, That if andVunuhci
any tender or mortgager of lands, tenements, negroes or other chattels, or heredita-
ments within this province fhall prefume to execute a fecond or other deed of con-
veyance or fale of the fame lands, tenements, negroes or other chattels or heredita-
ments, other than the firft vender of fuch lands, tenements, negroes or other chattels
or hereditaments, or a fecond or other deed of mortgage, without having taken notice
in the faid deed of mortgage of the firft or prior mortgage or mortgages with which
the faid lands, tenements, negroes or other chattels or hereditaments ftand charged at
the time of executing the faid deed, all and every perfon and perfons fo offending,
fhall be tried andpunifhed, and be fubjeft to the like forfeitures and penalties as the
laws of that part of Great-Britain called England, have provided againft all fuch per-
fons, as fhall execute deedjs of mortgage without taking notice of all prior mortgages
made.
3. And be it farther enacted, That all wills and teftaments conveying properties J"™^'^*"
within this province, that have been formerly made and not recorded in the former S?rtert*"
.1 1 2
CONVEYANCES.
office, be regiftered in the regifter of records' office of this province, within three
months after the paffing of this aft, except fuch as have been or may be made in Eu-
rope, ail which mail be regiftered as aforefaid, within a twelve month and a day, other-
wife they are deemed and conftrued to be void; and all wills and teftaments hereafter
to be made within this province, (hall be regiftered as above within three months from
the death of the teftator, in failure of which, the faid wills or teftaments fhail be deem-
ed and conftrued to be void and of no effect.
»eeds, wiiis, 4. And be it further enacted, That all deeds of conveyances, mortgages, wills or
corded, deem- writings, that have been regularly entered in the former office of record of this pro-
vince, fhall be deemed lawful to all intents and purpofes, any thing in this act or any
other acl: contained to the contrary notwithstanding.
DAVID DOUGLAS, Speaker.
J. REYNOLDS.
March 7th, 1755.
Preamble.
Conveyances,
&rc. of lands
made by hus-
band and wife
or acknow-
ledged by the
wife made
valid.
Mow to be
made and re-
gistered here-
after.
An atl to enable feme-coverts to convey their ejlates, and for confirming and making valid
all conveyances and acknowledgments heretofore made by feme-coverts,
1. T "\ 7°LIEREAS, the ufual method of conveying lands and tenements in England
V V by feme-coverts, is by fine or recovery, which methods have not been prac-
tifed in any of his majefty's American colonies.
And whereas, inftead thereof it has been cuftomary in the conveyances of lands by
hufband and wife, to acknowledge her confent before a judge or juftice, being firft pri-
vately examined by the faid judge or juftice, whether me acknowledged the fame vo-
luntarily and freely ; Be it therefore enacted, That all alienations and conveyances
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 witnefs, 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 affigns, and againft all
other perfon or perfons whatfoever claiming under the faid hufband and wife, or eith-
er of them, to all intents and purpofes, as if the fame had been done by fine or re-
covery, or by any other way or means in the law.
2. Und 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 whereas alfo the method
praclifed in England in thefe cafes would prove exceedingly troublefome and very
expenfive to the inhabitants of this province : Be it therefore enacted, That from and
after the paffing of this act, all * conveyances of lands and tenements fhall be made
by deed of bargain and fale, or by deed of leafe and releafe, or by deed of feoff-
ment, enrolled or regiftered in the fecretary's office of this province, figned and
fealed by the party conveying, before two or more witneffes, who 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
See acl: of 1768, fed. 1, page 113.
CONVEYANCES. 113
hufband in the fale of fuch lands and tenements, in fuch cafes as thefe, the faid "lu£Tuee
feme-covert (hall become a party with her hufband in the faid deed of conveyance, conveyance*. w
and fign and feal the fame before the chief juftice or afliftant judges, or one of his
majefty's juftices of the peace for the panfh where fuch contracts {hall be made, de-
claring before the faid judge or juftice, that fhe has joined with her hufband in the
alienation of the faid lands and tenements of her own free will and confent, without
any compulfion or force ufed by her faid hufband to oblige her fo to do; which de-
claration fhall be made in the following words, or words to the like efFeft, viz.
" I, A. B. the wife of C. D. do declare, that I have freely, and without any com-
pulfion, figned, fealed and delivered the above inftrument of writing paffed between meutofdow*.
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 laid hufband, to or out of the lands
or tenements therein conveyed. In witnefs whereof I havehereunto fet my hand and
feal." And the faid judge or juftice fhall, and is hereby required to endorfe upon the
deed the acknowledgment of the fame feme-covert, made before him, and to fign the
fame, and fhall receive two millings and fixpence fteriing fee, for his endorfing and justice's fee.
figning the fame, and no more.
3. And be it further enacted^ That all conveyances of lands and tenements, made ^^cony^
and executed, and enrolled or regiftered according to the intent and meaning of thisralidin!iW-
aft, fhall and are hereby declared valid in law, and good and effectual againft the par-
ty conveying, or hufband and wife, and their and every of their heirs andafligns, and
againft all other perfons claiming by, from, or under them, or any of them, to ail in-
tents and purpofes, as if the fame had been done by fine or recovery, or by any other
way or means, any laws, cuftomsj or ufages, to the contrary notwithftanding.
JAMES HABERSHAM.
DAVID MONTAIGUT, Speeder.
HENRY ELLIS.
April 24, 1760.
An atl to prevent fraudulent mortgages and conveyances, and for making valid all deeds
and conveyances heretofore made, with refpefl to any defetf in the form and manner
of making thereof with certain reflrittions.*
1. T^7HEREAS notorious frauds have been committed by evil difpofed and de-
V V figning perfons, who frequently mortgage and borrow money on fecurity dfRe4wBfe:
lands and flaves, having before conveyed, fold, or mortgaged the fame, and the re-
cording of all deeds and conveyances of lands, tenements, negroes, and other chattels,
will greatly tend to the fecuring the titles of the proprietors or mortgagees, and prevent
fuch frauds for the future, Be it therefore enabled, That all and every deed and deeds
of fale, mortgages or conveyances of any lands, tenements, negroes or other goods Deeds of sale,
and chattels, heretofore made in this province, and which fhall be recorded in the fe- b^'^sTo bcr
cretary's office of this province, within fix-months after the pairing of this aft:, except secretary'1." of-
fuch as have been made and executed in any of the Britifh iflands, 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, mortga-
* Sec ad of 1785, dire&ing the recording of deed*,. &c. fee. 2.
P
/
ii4 CONVEYANCES.
ges, conveyances, made and executed within this province, from aad after the iirftday
of January next enfuing, being recorded as aforefaid, within ten days after the execu-
tion thereof, mall be deemed, held and taken as the firft d'eed 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, negroes3 and other goods, and chattels, and not recorded as
aforefaid, notwithftanding.
Method of pro. 2. Provided always, and be it further enacted, That neverthelefs if it fhall fo happen
therealemore there be more than one mortgage at the fame time, made by any perfon or perfons, to
fi»£f»l. any perfon or perfons, of the fame lands and tenements, negroes, goods or chattels, the
feveral late or under mortgagees, who fhall have recorded their mortgages, his, her, or
their heirs, executors, adminiftrators, or affigns, fhall have power to redeem any for-
mer mortgage or mortgages, recorded as aforefaid upon payment of the principal debt,
intereft and coft of fuit, to the prior mortgagee or mortgagees, his, her or their heirs,
executors, adminiftrators or affigns, any thing contained to the contrary thereof in
any wife notwithftanding; and all and every perfon and perfons who fhall mortgage
the fame lands, tenements, negroes, goods or chattels a fecond time, the former mort-
gage thereof being in force and not difcharged, and fhall not difcover to the fe-
cond mortgagee in writing under his or their hands, fhall have no relief, power, or
liberty of redemption whatfoever, in equity or otherwife, of and in the faid after
mortgage or mortgages.
widow's dow- o. Provided alfo. and be it further enacted, That nothing in this a£l. contained fhall be
er not barred in ° ~> 7 i i i • i r
"andtsgul'iessie-con^rue"' deemed or extended to bar any widow or any mortgager or lands or tene-
lui'shed!1"' ments, from her dower and right in and to the faid lands or tenements, who dkl
not legally join with her hufband in fuch mortgage, or otherwife lawfully bar or ex-
clude herielf from fuch her dower or right.
Formal defeds 4. And to the end that no perfon may hereafter fuffer any inconvenience in record-
cdied! s'ri 5 jng their title deeds, by expofmg the defecls thereof, Be it further enacted and declared?
That no need of feoffment, bargain and fale, deed of gift, or other conveyance, of
any lands or tenements whatfoever, heretofore made, fhall be impeached or fet afide
in any courts of law or equity for want of attornment or livery and feihn, or enrol-
ment, orfor that fuch conveyance hath been made by way of alignment 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 execution of any fuch deeds or conveyances,
or of the endorfements or alignments thereof, either in the firft deed, or in any of
tnviio. the mefne conveyances derived therefrom : Provided neverthelefs, That in cafe of the
validity of fuch feoffment, bargain and fale, deed of gift, or other conveyance of
lands or tenements, fhall be queftioned, the legal and ufual proofs fhall be made that
the rights were and would have been in the perfon or perfons conveying, if fuch de-
fects had not happened in the form of fuch deeds or conveyances, or in the manner
of the execution of the fame as aforefaid.
continuation. 5- And be it further enabled, That this a£t fhall continue and be in force for and
during the term of three years from and after the paffing thereof, and from thence
to the end of the next feffion of the General Affembly, and no longer.*
N. W. JONES, Speaker.
JAMES HABERSHAM, Prefidenh
JAMES WRIGHT.
December 24, 1768.
* Gontinucd by a& of 1784.
CONVEYANCES. it$
An abl to render eafj the 'mode of con,veying lands, and for making valid all deeds and
conveyances heretofore that may be deficient in point of form.
I, \\ 7HEREAS many deeds of bargain and fale, and other deeds of feoffment frei™hli-
V V or conveyances have been made, which have not been enrolled, or livery"
and feifin had, or may be deficient in point of form, when it was the legal intent of
the party to fell and lawfully convey the fame, Be it enabled by the reprefentatives Qf^J^itiy*
the freemen of the Jlate of Georgia in General Afjembly met, That no deed of feoffment SSSiaK^
bargain and fale, and deed of gift, or other conveyance of lands or tenements ^/"d."!'
whatfoever, heretofore made, fhall be impleaded or fet afide, in any courts of law or me'nt.""'
equity, for want of form, or livery and feifin, or enrolment, or for any other de-
fect in the form, or in the manner of the execution of any fuch deeds or conveyan-
ces, either in the firft deed, or in any of the mefne conveyances derived therefrom,
fo that the right were and would have been in the -perfon or perfons conveying, if
fuch defefts had not happened in fuch conveyance, or in the manner of the execution
of the fame as aforefaid.
2. And to the end that fuch evils may be remedied in future, Be it- enabled by the Execution oir
■■authority aforefaid, That all deeds of conveyances, by way of bargain and fale, bonatulml,
■fide, of lands or tenements, and executed under hand and feal in the prefence of
two or more witneffes, and a valuable confideration paid, that are proved or ac- **•<> witnesses,
knowledged before a juftice of the peace, or before the chief juftice, or one of
the affiftant juftices, and the faid deed is regiftered by the clerk of the court in the
county where fuch lands or tenements lie, in a book by him to be kept for that pur-
pofe, within twelve * months from the date of fuch deed, for which he fhall receive R,ec^dfiin,!?<-
r » . \ ' ( clerk's effice i*
four pence per copy-lheet of ninety words; then, and in that cafe, fuch deed of tvl'elT£month-
conveyance by way of bargain and fale fhall be, and the fame is hereby declared to
be, good and valid in law and equity, according to the true intent, construction
and meaning thereof: Provided neverthelefs, That nothing herein contained fhal!
extend, or be conftrued to extend, to prevent any perfon or perfons, who mail
prefer the former mode of conveyance by way of leafe and releafe, from ufmg the
fame, or in the leaft to impeach or difcontinue that form of conveyance, where the
fame fhall be preferred by die parties contracting as aforefaid, on condition only
that the faid deeds of leafe and releafe hereafter to be made, be duly regiftered in the
county where the lands lie, within one year from and after the date of fuch deeds.
■* 3. And in cafe of dower5 Be it farther enabled, That any fuch deed of convey- o/do"'er.ti34
ance of lands or tenements^ in which a feme-covert may be interefted, by dower or
otherwife, and that fuch feme-covert doth voluntarily with her hufband agree, and
fign, feal and deliver, before lawful evidence, fuch deed of conveyance of any lands
> or tenements as aforefaid, and alfo before the chief juftice, or any juftice of the peace,
on private examination, doth acknowledge and agree that fhedid, of her own free
will and accord, fubferibe, feal and deliver the faid deed> with an intention there-
by to renounce, and forever quit claim to her right of dower and thirds of,
into, and to the lands or tenements therein mentioned^ then and in that cafe, fuch
deeds of conveyance, or bargain and fale of lands and tenements, fhall be held, deem-
ed and confidered, according to the conftruftion and meaning thereof, to be good
and valid in law and equity, and fhall be, and is hereby declared to be a free, full
* Time extended by aft 1788, fee. t, and further extended by aft 1790, fee. 145 fines which time
this aft has been left to operate,
n6
CONVEYANCES.
Howbonds,spe-
cialties and
powers of at-
torney made in
ether states are
to be proven in
*fci».
... ..-* of land
fcy letters of at-
torney duly
proved, decla-
red valid in
: f nude witft-
e;it noticeof
revocation, or
prior to the
tozth of the
sonftituent.
Establishment
of papers lost
during the
■war.
and abfolute renunciation of dower and thirds, any law, ufage or custom to the con-
trary notwithstanding.
4. And be it further enabled by the authority aforefaid, That all bonds, fpecialties,
letters of attorney, and other powers in writing, which fhall be produced in any court,
or before any justice in this ftate, the execution whereof being proved by one or
more of the witneffes thereunto, by affidavit or folemn affirmation in writing, before
any governor, chief juftice, mayor or other justice of either of the United States,
where fuch bonds, letters of attorney or other writings are or fhall be made or exe-
cuted, and accordingly certified and tranfmitted under the common or public feal of
fuch ftate, court, city or place where the faid bonds, letters of attorney or wri-
tings are proved, fhall be taken and adjudged as fufficient in law as if the witneffes
therein named had been prefent; and fuch certification mall be fufficient evidence to
the court and jury for the proof thereof: Provided, That in every fuch affidavit or
affirmation, there fhall be expreffed the addition of the party making fuch affidavit or
affirmation, and the particular place of their abode.
5. And be it further enabled, That all fales or conveyances of lands, tenements,
hereditaments- which fhall hereafter be made by virtue of any letters or powers of at-
torney, duly executed, which do or fhall exprefsly give power to fell all lands or
other eftates, and be certified to have been proved as aforefaid, or fhall be proved in
this ftate before any juftice of the peace by one or more of the witneffes thereunto^
fhall be good and effectual in law, to all intents, conftru6tions and purpofes what-
foever, the fame as if the faid constituent or constituents had, by their own deeds and
conveyances, aftually und really fold and conveyed the fame: Provided always, That
no fale of lands 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 powers are in force, and all fuch powers fhall be confidered, deemed and taken
to be in force, until the attorney or agent fhall have due notice of a countermand, re-
vocation or death of the constituent.
6. Be it further enatled by the authority aforefaid, That it fhall and may be lawful
for any perfon or perfpns, whofe tides, bonds, notes, books of accounts, receipts
and papers touching his, her or their eftate and property, may have been loft or
destroyed during the late war, who fhall produce a paper writing, purporting to be a
copy or as near a copy of the original paper fo lost or destroyed as aforefaid, with
full or circumstantial proof of the fubftance thereof, and of his, her or their title
thereto, and fhall lodge the fame in the office of the clerk of the county where fuch
perfon refides, or where lands are in question is situate, and fhall notify by public
gazette of this ftate, that fuch perfon or perfons intends to eftablifh fuch deed or
paper, that then it fnall and may be lawful, and in cafe no fufficient objection fhall
be made, for the fuperior courts in each county to eftablifh the title and right of fuch
perfon or perfons to the property alluded to, by the testimony and papers offered to
the faid court, and be deemed as good evidence in law, fo far as to give the party
applying a good right and title, until a better fhall appear and be made out to the fa-
tisfaction of the court and jury, within the time limited by the act of limitation.
Savannah, sad February, 1785.
JOSEPH HABERSHAM, Speaker,
CORPORATIONS AND TOWN REGULATIONS. m7
@>afcannaih
An act for the better regulating the town of Savannah, and for afcertaining the common
thereunto belonging.
i. Refpefts the regulation of the town, repealed, fee a6t of 1787.
2. And be it further enabled by the authority aforefaid, That the common apper- Towr.-common
taining to the faid town, extending foutherly from the extremity of the Bluff on the ri-
ver Savannah to the north line of the garden lots, and wefterly from the weft line of
the garden lots, lying eaft of the faid town to the eaft line of the lots lately laid
out between Mufgrove's Creek and the faid town, including all the fquares, ftreets,
lanes, and paffages, defcribed in the plan of the faid town in the furveyor gene-
ral's office, and have been heretofore accuftomed or made ufe of by the inha-
bitants of the faid town, mail be and continue the common property of the lot
holders in the faid town, and (hall not be aliened or granted away for any purpofe,
whatfoever, than by aft of the General Affembly.
3 and 4. Refpeft the regulations of the town — repealed. commission.
5. And be it further enacted by the authority aforefaid, That Jofeph Ottolenghe,
James Deeveaux, William Ewen and William Ruffell efqrs. mail, and they are
hereby nominated and appointed commiffioners to put this aft in execution.
The remainder prefcribes the mode of filling vacancies. Obfolete.
DAVID MONTAIGUT, Speaker,
HENRY ELLIS. JAMES HABERSHAM.
May 1, 1760.
• • » •
An at! for amending an aft entitled " An at~l for the better regulating the town of Sa-
vannah, and for afcer taining the common thereunto belonging.
1 X 71 7 HERE AS, by an aft of affembly paffedthe firft day of May, in the year 0fPrearoble-
V V our Lord one thoufand feven hundred and fixty, entitled, " An aft for the
better regulating the town of Savannah, and for afcertaining the common thereunto
belonging," the lots heretofore allotted for the ufe of the public, and on feveral of
which buildings have been erefted, were not afcertained, whereby the inhabitants of
Savannah may be deprived of the benefits intended them by fuch allotments, and un-
neceffary difputes, and fuits at law may arife for want of fuch lots being afcertained.
Be it therefore enabled. That the feveral lots herein after mentioned, and particular- Lots herein n?-
ly defcribed in the plan of the town of Savannah in the furveyor general's office of t^en^^S.
this province, and to which reference may be had, fhall be and continue for the ufes
and purpofes to which by this aft they are refpeftively appropriated, and fhall not be
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 ftands, as
alfo the lot E, whereon theparfonage-houfe now ftands, fhall be and continue for the
ufes and purpofes to which they are refpeftively appropriated and allotted in and by an
aft entitled, " An aft for conftituting and dividing the feveral diftrifts and divifions
of this province into parifhes, and for eftablifhing religious worfhip therein according
to the rites and ceremonies of the church of England, and alfo for" empowering the
churchwardens and veftry men, of the refpeftive parifhes, to affefs rates for tbe re-
ni CORPORATIONS AND TOWN REGULATIONS.
pair of churches, the relief of the poor and other parochial charges ;" C, whereon a
.prifon formerly flood, fhall be and continue for the ufe and purpofe of a public jail
orprifon, and for the ufe of the keeper of the fame; the lot H, whereon the court
houfe now ftands, fhall be and continue for the ufe and purpofe of a court houfe for
this province ; the lot S, whereon the filature now ftands, fhall be, and continue for
the ufe of*, public filature; the lot V, whereon the flate houfe now ftands, (hall be
and continue for the ufe and purpofe of a ftate houfe, for this province ; as alfo the
water lots at the end of every frreet, 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, ill all be held, deemed, and reputed, as public lots and lands, and referved for
the ufe of the public only.
2. Contains a plan of the town, fee acts of 1762, folio-wing.— 1766, page 119, and
1770, page 120.
3. Regulates the tovjn, fee acts of 1787, page 121. — 1789, page 123, and 1795,
page 124.
GREY ELLIOT, Speaker.
JAMES HABERSHAM.
JAMES WRIGHT.
June 9, 1761.
An act to enable the commiffioners appointed by the General Affcmbly of this province, tn^
titled " An aB, for regulating thetotun of Savannah, and for afcertaining the com^
mon thereunto belonging" to alien and convey a certain portion of the faid common in
exchange for other land to the faid common adjoining.
preamble. i. \\ THERE AS in and by an aft of the fecond General AfTembly of this province*
W entitled iS An aft for the better regulating the town of Savannah, and for
afcertaining the common thereunto belonging," the faid common is afcertained. ..and
declared to be the common property of the lot holders of the faid town, and not to
be aliened or granted away for any purpofe whatfoever* other than by aft of the Ge-
neral AfTembly : And whereas the exchanging a fmall part of faid common, con-
fining of about fifteen acres* for four garden lots feverally joining to other parts of
the faid common* and to become apart thereof, will not only enlarge the common of
laid town, but alfo render it more complete and uniform : Be it therefore enacted,
commissioner. That from and after the palling of this aft, it fhall and may be lawful to and for the
^orfzed'toe^ commiffioners named and appointed in and by the faid recked aft of the General AA
acrensgofrtiirn fembly* by any fit deed or conveyance in the law, by them or any three of them, to
touTgaSui1 be made and executed, to grant, alien and convey unto his excellency James Wright*
efq. or to any perfon or perfons for his ufe, and to his and their heirs and affigns for-
ever, all that part of the faid town-common on the fouth-eaft boundaries of the com-
mon of the town of Savannah, adjoining the garden lots number feven, eight, thir-
teen and fourteen, extending on a direft line twenty-five chains* and courfe of the
garden lots to the eaftern road, and from the upper wefternmoft corner of the late trus-
tees' gardens on a direft 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 par*
ticularly defcribed by the letters A, B, G and D, in the plan hereunto annexed, con-
CORPORATIONS AND TOWN REGULATIONS. ito
taining fifteen acres more or lefs, he the faid James Wright firft granting and convey-
ing, or caufing to be granted and conveyed unto the faid commiffioners all thofe four
garden 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 a6t annexed, by the numbers nineteen, twenty, thirty-one and thirty-two, to
hold the fame unto the faid commiffioners and their fucceffors forever, as part and
parcel of the common of the faid town of Savannah, for the ufe of the lot holders
thereof.
2. And be it further enacted, That from and after the alienation and exchange re- ^obeST"
fpeftively made of the faid part of the faid common herein before defcribed for four sircjpam«rt) °
garden lots in manner as before mentioned, the faid tra£l of fifteen acres, moreor^"6"'
lefs, defcribed as aforefaid in the faid plan by the letters A, B, C and D, fhalfand
is hereby declared to be fevered from the faid common, and become and continue
the abfolute property of the faid James Wright, or other perfon, for his ufe, and
his and their heirs or affigns forever.
3. And that the faid four garden lots before mentioned and defcribed, mail from f?d thr ^rden
thenceforth be and continue as part and parcel of the faid common of the town of p^^*e
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 a6l; any thing in the faid recited a6l contained to the contrary
notwithstanding.
JAMES HABERSHAM, Prefident.
LEWIS JOHNSON, Speaker.
JAMES WRIGHT.
March 4, 1762.
An a& to enable the commiffioners appointed by an act of the General Affembly of this
province, entitled " An act for regulating the town of Savannah, and for afcertain-
ing the common thereunto belonging, to alien and convey to the honorable William Simb-
fon, efqr. his heirs, and affigns forever, a certain part of the faid common in ex-
change for part of a lot of land adjoining the fame.
WHEREAS in and by an aft of the fourth General Affembly of this province, Prea,rbl,s'
entitled, " An act for regulating the town of Savannah, and for afcertaining
the common thereunto belonging," the faid common is afcertained and declared to
be the common property of the lot holders of faid town, and not to be aliened or
granted away for any purpofe whatever, otherwife than by acl of the General Affem-
bly. And whereas, Henry Ellis, efq. late governor of this province, had prior to
the paffingof the faid aft, that is to fay, on or about the feventh day of February in
the year of 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 af-
figns, forever, for a lot of land, fituate part on the bay, and part on the common of
the faid town of Savannah, containing one hundred and twenty feet in front, and four
hundred and ninety feet in depth weft, and four hundred and fixty-five feet in depth
eaft. And whereas the fame is fince by purchafefrom the faid Henry Ellis, efq. be-
come veiled in the honorable William Simpfon, efq. And whereas part of the faid
lot, may hereafter be of general benefit, for the conveniency of a ftreet or pafTagefrom
the bay of the faid town to the hamlets of Yamacraw and Ewenfburgh, and would
120
CORPORATIONS AND TOWN REGULATIONS.
Commissioners
empowered to
exchange part
of the town-
common, for
other lands
adjoining-
Th« said lot to
be severed
from the com-
mon, and that
obtained in
lieu thereof to
be part of the
common.
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 ilreet or paffage for an adequate proportion of land on the common
to the weftward of, and adjoining his faid lot.
1. Be it therefore enacted, That immediately after the paffing of this aft, itflialland
may be lawful to, and for the commiffioners named and appointed in and by the laid
recited aft of the General 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 Savannah to adjoin weftward to the lot of the faid William Simpfon,
and to contain thirty feet in width, and three hundred and fix feet in depth and particu-
larly defcribed by the letters, F, G, H, I, in the plan hereunto annexed, he the faid
William Simpfon, firft granting and conveying unto the faid commiffioners, a part of
his lot as aforefaid, containing forty-feven feet in width, and one hundred and twenty
feet in depth, and particularly defcribed in the faid plan hereunto annexed by the let-
ters A, C, E, F, to hold the fame unto the faid commiffioners, and their iucceflbrs
commiffioners forever, as part and parcel of the common of the faid town of Savan-
nah, for the ufe of the lot holders thereof.
2. And be it further enacted by the authority aforefaid, That from and after the
alienation, conveyance and exchange respectively made of the faid part of the faid com-
mon, for part of the lot of the faid William Simpfon, as herein before mentioned, the
fair! 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, mail and ishere-
by declared to be fevered from the faid common, and become and continue the abfo-
lute property of the faid William Simpfon, to and for the ufe of him, his heirs and
affigns forever; and that the part of the lot of the faid William Simpfon, containing
forty-feven feel in width, and one hundred and twenty feet in depth, as before men-
tioned and defcribed, fhall from thenceforth be and continue to be part and parcel of
the faid common of the town of Savannah, to all intents, conftruftions and pur-
pofes whatever, and as any other part of the laid common is or may be, according to
the true intent and meaning of this aft; any thing in the act herein before recited, to
the contrary notwithstanding.
ALEXANDER WYLLY, Speaker.
JAMES HABESHAM, Prefident.
JAMES WRIGHT.
March 6, 1766.
• • • • • • •
Pi'eamVte.
An act for further amending an act, entitled " An act for the better regvhfr'g the town
of Savannah, and for afcertaining the common thereunto belonging."
WHEREAS in and by an aft of the[GeneralAffemblypaffed the ninth day of June,
in the year of our Lord one thoufand feven hundred and iixty-one, entitled
u An aft for amending an aft for the better regulating the town of Savannah, and
for afcertaining the common thereunto belonging," it was enafted, That the plan
to that aft annexed 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
CORPORATIONS AND TOWN REGULATIONS. **i
furveyor general's office fhould from thenceforth be taken and deemed to be made
to the plan thereunto annexed* any thing in the faid aft contained to the contrary
notwithftanding: And whereas, in the plan to the faid aft annexed the fevera!
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 arifet And whereas miitakes
were made in the figures reflecting the width of feveral of the ftreets and lanes in
the faid town :
Be it therefore enacted, That the plan annexed to this aft fhall from henceforth be wlmt p.in w
held, taken for and deemed the true plan of the faid town and common of Savannah, {&**|§$t
including the feveral wharf lots under the bank or bluff of the faid town and com-towa'
rnon, and that the feveral references made in the faid recited ads to the plan in the
furveyor general's office fhall be henceforth taken and deemed to be made, and fhall
be made and had to the faid plan hereunto annexed, any thing in the faid acts to the
contrary notwithftanding.
a. Regulates the town—repealed by aft of 1787. See next aft.
N. W. JONES, Speaker.
JAMES HABERSHAM* gnefidmh
JAMES WRl6Hl\
May 10* 1770.
& '3***6*6
An act for better Hgixldting the tozun of Savannah, and the hamlets thereof.
i. \^f HERE AS the town of Savannah and the hamlets thereof require regula-
V V tiohj, Be it enacted by the freemen of the fate of Georgia in General Affem-
bly met. and by the authority of the fame, That the faid town and hamlets be divided in- Ravikn*kan\j
■f t-1 r 1 ' t- n r r ' • n .,' J' 'n '■ j i \ r its hamlets di-
10 feven wards-, the town as ulual to conuit di fix. Viz. rercival, Derby, Anion, v;_dedmto.e-
Reynolds^ Heathcote and Dicker wards, and the hamlets of Ewenfburgh and Yama-
craw, fhall conftitute the feventh, and be known by the name of Oglethorpe's ward.
2. * Repealed, fee afts of 1789, 1795, 1796 and 1797.
3. And be it further tnuBed by the authority aforefaid; That the wardens fo cho-
fen fhall have full power and authority to make fuch bye-laws and regulations, and to j,-aWtt of the
inflift or impbfe fuch pains^ penalties and forfeitures', as fhall be conducive to the good w<mk"s' &e-
order, and government of the town and hamlets as aforefaid : Provided, that fuch bye-
laws, and regulations, be not repugnant to the laws and conftitutibn of this ftate.
4. And be it further enuBcd hy the authority aforefaid, That it fhall and may be law-
ful, for the faid wardens or a majority of them, yearly and every year, or bftener if*
' r . t 1 ^ 1 rr r 7 . J ' ' rr rr Tomakeassess*
occahon may require, to make, lay, and diets one or more rate or rates, afieliment tw^tadaiie
or affeffments, upon all and every perfon or perfons who do or fhall inhabit, hold, ufemoney-
oroccupy* poffefs or enjdy, any lot, ground, houfe or place, building, tenement Or
hereditament in any fquare, flreet Or place, within the limits of the town of Savannah
or hamlets as aforefaid', for raifirtg fuch fum or furris of money as the faid wardens or
a majority of them fhall in their difcretion judge neceffary for, and towards carrying
this aft into execution ; and in cafe Of refufal or negleft to pay fuch rate and affefl-
ment, the fame fhall be levied and recovered in manner as herein after direfted. Pro-
a
* This feclion prefcribes the Qualification 6f voter's, the time and rtiannsr of choofing wardens and prefidenU
122
CORPORATIONS AND TOWN REGULATIONS.
President and
warden* to
serre without
fee.
vided, That no fuch rate and affeffment (hall be appropriated to the paying of the pref-
fident or wardens for their Cervices, but that they lhall ferve in their faid appointments
without fee or reward.
5. And be it further enabled by the authority afore/aid. That the wardens to be cho-
fen under this acl, or a majority of them, are hereby verted with full power and au-
thority to let, leafe, or rent at public fale, any lot or lots of land including the lot of
land containing fixteen acres, called the Spring, weftward of the faid town of Savan-
nah, and the building commonly called the Vendue-houfe, and the monies arifing there-
from fhall be applied by the faid board of wardens, to the carrying this acl; into execu-
tion.
6. And be it further enabled by the authority aforefaid, That all rates and affeff-
ments, pains, penalties, and forfeitures, laid or incurred under this acl, lhall be levied
and recovered by warrant of diftrefs and fale of the offender's goods, under the hands
and feals of the faid prefident, or wardens, or a majority of them, or by warrant un-
der the hand and feal of any juftice of the peace for the county of Chatham.
7. And be it further enabled by the authority afore/aid, That the faid prefident and
wardens, by their clerk fhall publifh in the Georgia gazette monthly and every month,,
an account of the expenditures of all monies which they fhall receive by virtue of
this acl, for the information of faid town and hamlets,
8. Whereas it appears by the petition of a number of perfons owning wharf lots in
lic>tThi°Shed the faid town of Savannah, that the boundary of the back part of faid lots fronting
^iurnrdrthoard the Bay-flreet of faid town, was eftablifhed by a law paffed under the Britifh gov-
ernment, and a plan thereof was recorded in the furvey or general's office of the ftate,
(then province) which plan was loft during the late war, in confequence of which the
owners of faid lots are put to great difficulty in placing their buildings : Be it enabled
by the authority aforefaid. That the prefident and board of wardens, appointed under
this acl, are fully empowered to fix the boundary of faid lots, in fuch manner as to
nan thereof to them mav appear iuft and equitable : and that apian thereof be recorded in the fur-
fce recorded. / r r J l ' 1
veyor general's office, and alfo in the office of the clerk of the county of Chatham.
9. And be it further enabled. That the faid board of wardens fhall have full power
to regulate the public docks between the wharfs fo as to prevent the injury which is
now done to the navigation of the faid river, by the docks being open.
10. And be it further enabled by the authority aforefaid, That the wardens appointed
under this acl, fhall have, and are hereby vefted with the powers and authority ofjuf-
tices of the peace within the town and hamlets aforefaid.
1 1. And be it further enabled by the authority aforejaid, That all former laws here-
tofore paffed for the better regulation of faid town and hamlets thereof be, and the fame
are hereby repealed.
To rent or
tease all lots &
sixteen acres
tailed the
5>prii>g and the
Recovery of
assessments,
fines and for
feiturcs.
A«coi>nt of ex
*senditures to
Republished
monthly.
Boundary of
S«ard of war-
dens to regulate
the public
4ocks.
Are justices of
*tic peace.
Repealing
«!aus«.
Augufta, February 10, 178 7.
WILLIAM GIBBONS, Speaker.
An aU for regulating the town of Augufla, and to amend an acl, entitled " An atl
for regulating the town of Savannah and hamlets thereof.'''
(The firft nine feclions of this aft relate to the incorporation of Augufta — repealed
by acl of 1795. See the next page.)
CORPORATIONS AND TOWN REGULATIONS. 123
io. And whereas by an aft of AfTembly, patted the tenth day of February, one J"y tr^-M^
thoufand kvcn hundred and eighty-feven, entitled " An aft for better regulating thenah
town of Savannah, and the hamlets thereof," it is therein enafted, Thai certain per-
forms, flyled wardens, are to be elefted in the ("aid town annually by the proprietors
of lots or houfes, who are to eleft from fuch wardens a perfon, that is fly led prefi-
dent of the board of wardens: Now be it enabled, That the faid town of Savannah
mail be hereafter known and called by the ftyle and name of the city of Savannah;
and that on the firft Monday in March, one thoufanc] feven hundred and ninety, and EieaW»f
thereafter annually, the owners or occupiers of any lot or houfe in the faid city or S^mcn""5,
hamlets fhall, under the direction of any two or more jufiices in the faid city, eleft
an alderman for each ward, mentioned in the faid aft, from among the citizens ge-
nerally, who fhall, on the Monday following after the eleftion of fuch aldermen,
choofe from their own body a mayor, and from and after the eleftion of fuch alder-
men and mayor, their ftyle fhall be the mayor and aldermen of the city of Savan- The;rst,.k
nah and the hamlets thereof: and are hereby empowered to carry into execution the
powers intended by the faid aft, and fhall be a body politic and corporate, to have. Their po*ers
and to ufe a common feal, with power to fue and be fucd, plead and be impleaded,
and may acquire, have, hold and enjoy real or perfonal property, for the ufe and
benefit of the faid city and hamlets.
11. And he it further enacted, That fo much of the faid recited aft as is repugnant Reining
to the principles of this aft be, and the fame is hereby repealed.
12. And to prevent diforders or contagious diflempers from being fpread through- to"be%0p^imr<
out the (late, Be it enabled, That a health officer, being a phyfician, fhall be ap- savannih-V;'
pointed for the port of Savannah, whofe duty it fhall be to go on board every veffeld,,ty'
arriving from a foreign port, and before her arrival at Five Fathom Hole, and there
examine as to the health of the crew and paffengers on board, and certify the fame
to the captain or commander of fuch veffel, for which certificate fuch phyfician fhall
be entitled to receive, and the captain of fuch veffel fhall pay, three dollars; after
which being granted, the faid crew and paffengers fhall be permitted to pafs Fort
Wayne, and not otherwife,
(The remainder of this aft, regulating the performance of quarantine, repealed.
See aft of 1793.)
SEABORN JONES, Speaker of the Houfe of Reprefentatives,
NATHAN BROWNSON, Prefident of the Senate.
EDWARD TELFAIR, Governor,
December 23d, 1789.
An act fupplementary to an aft for regulating the town of Augufia, and is amend an
aft, entitled " An act for regulating the town of Savannah and hamlets thereof."
1. T^7HEREAS the limits of the jurifdiftion of the corporation of Savannah, PreMnbl -
V V over part of the hamlets of the faid city, has never been fully and clearly
defined: Be it enabled by the Senate and Houfe of Reprefentatives oftheflate of Geor-
gia, in General Affembly met, That all the lots in that part of the fuburbs of the faid co"o"uon'f
city called Carpenter's Row, and all thofe in the tru flees' gardens, including the ma- thcr defined
gazine at Fort Wayne, fhall be fubjeft thereto, and fhall be confidered as a part of
the ward to which it is moft contiguous.
1
i*4 CORPORATIONS AND TOWN REGULATIONS.
numbe°rnof 2. A nd whereas feveral new wards have lately been laid out, adjoining the faid ci-
ty, but no aft. has hitherto paffed authorizing an additional number of aldermen in
faid city in confe'quence thereof: Be it therefore enabled, That on the firft Monday
in March next, and annually thereafter, the eleftors of aldermen for the faid city
fhall eleft from the citizens thereof, generally, one other alderman for each of the faid
new wards, in addition to the number heretofore elefted, who fhall have fuch quali-
fications, and be veiled with the like power and authority as the prefent aldermen of
the faid city.
3. This feftion prefcribes the qualification of voters, and is repealed by aft of 1797.
atVofUCih789ta!f 4- And whereas experience hath proven that fo much of the aft for regulating the
corap"ationof townof Augufta, and to amend an aft, entitled " An aft for regulating the town of
cdsu:arepeal" Savannah and hamlets thereof," paffed at Augufta, on the twenty-third day of De-
cember, one thoufand feven hundred and eighty-nine, as refpefts the faid town of
Augufta, is deemed incompatible with the intereft and wifhes of the inhabitants
thereof: Be it therefore enabled. That fo much of the before recited aft as refpefts
the faid town of Augufta be, and the fame is hereby repealed; and it fhall be the
duty of the mayor and aldermen now in office under the faid aft, and they are here-
by required to adjuft, and within fix months from and after the pafTing of this aft,
fu^hereof1*1 finally to fettle and clofe the books and accounts of the corporation, and to depofit
wuhtlrlcom? the fame, together with the funds thereof, with the commiffioners of the court-houfe
tSrcourwiOTfc and jail to be appointed for the county of Richmond, who fhall hold fuch property,
andjaii. r£aj an(j perfona}? as may have been acquired by the faid corporation, in truft for
and to the ufe of the faid town of Augufta and inhabitants thereof: Provided, That
nothing herein contained fhall prevent the colleftion of the corporation tax already
levied, which fums fhall be depofited with the commifTioners aforefaid.
commissioners 5. And be it further enabled, That Ambrofe Gordon, Andrew Innis and James
Toole, be, and they are hereby conftituted and appointed commiffioners of the court-
houfe and jail for the county of Richmond, and inverted with all the funds hereto-
fore appropriated to the ufe of the faid court-houfe and jail, which now remain un-
applied; and the faid commiffioners are fully authorized and empowered to apply
fo much of the aforefaid funds, either real or perfonal, as they may deem neceffary
towards the building and keeping in repair the faid court-houfe and jail.
THOMAS NAPIER, Speaker of the Houfe of Reprefentatives.
BENJAMIN TALIAFERRO, Prefident of the Senate.
GEORGE MATHEWS, Governor.
January 7th, 1795.
PrsaniMe.
An abl to extend the authority of the mayor and aldermen of the city of Savannah, to have
jurifdiblion of civil caufes to a certain amount.
WHEREAS it would greatly promote the welfare and advantage of the city of
Savannah, and the inhabitants, to grant to the corporation thereof the power
of holding courts for the trial of caufes to a certain fixed amount.
junviiaion i. Be it therefore enacted by the Senate and Houfe of Reprefentatives of the flate of
tioVof savpan-a" Georgia in General AJfembly met, That it fhall be lawful for the mayor and aldermen of
to the trial o* the city of Savannah, and they are empowered at any time after the palling of this
a certain" a&5 tG hold courts once in every month throughout the year, to appoint fuch offi-
cers as they may deem neceffary: and to fettle and allow reafonable fees not exceeding
CORxDORATIONS AND TOWN REGULATIONS. 1,25
one half the fees allowed for like fervices in the inferior courts in fuits cognizable
therein : and to have jurifdi£lion of, and to hear and determine all civil caufes, not
involving the right or title to any land or real eftate, arifing within th£ jurifdiclion of
the corporation, fo as the demand in fuch fuit or aclion do not exceed fifty dollars;
and to give judgment and award execution therein, according to law. Provided,
That if any party to a fuit, {hall feel him, her, or them felves aggrieved by the decifion
of the faid courts, it fhall be lawful for fuch party to enter an appeal within three days
after fuch trial; firft paying all cofts which may have accrued on the faid trial, and
giving fufficient fecurity to abide by and perform the fentence of the court at the
trial of the appeal ; and all appeals from the decifion of the faid courts, fhall be tried
on the next court day fucceeding fuch trial, by a jury of feven men, whofe verdi£t
fhall be final.
2. And be it further enabled, That the faid mayor and aldermen fhall have power prawingand
to draw and impannel jurors for the trial of appeals, who fhall be refident within jE""""
their jurifdiftion, and fhall be qualified and liable to ferve on petit juries, to caufe
them to be fummoned, and to fine them for non-attendance or mifconducl, in fuch
manner as they thinkproper, not exceeding ten dollars, and fhall have power to award
execution for fuch fines, and caufe the goods of the perfon incurring fuch fines to be
fold by virtue thereof.
3. And be it further enabled, That the faid mayor and aldermen, or any of them. Me<ie of pro-
may, on complaint made by any feaman or feamen for non-payment of their wages, cesdings*
or by any other perfon for the non-payment of any debt or fum of money, or of any
damage not exceeding fifty dollars as aforefaid, directed to any conltable of the
cityr to fummon or arrefl the defendant, (if required agreeably to law) and to
fummon all witneffes required by either party, to appear at the court of aldermen on
fuch a day as fhall be therein appointed, which fummons, with a true copy of the peti-
tion annexed, fhall be ferved on the defendant ten days before the fitting of the court.
4. And be it further enabled, That the court of aldermen or either of them, m'ay proceedings ia
iffue warrants to apprehend perfons guilty or charged with any crime or breach ^mli™?
of the peace, and after examination may, if neceflary, commit fuch perfon to jail, or
bind him over to appear at the next fuperior court for trial ; at which time the pro-
ceedings of the faid court of aldermen, with refpecl: to fuch culprit, fhall belaid before
the faid court.
5. And be it further enabled, That the faid mayor and aldermen fhall, in all judi-
cial proceedings, have reference to, and be governed by the laws of force in this Itate,
for regulating the judiciary proceedings thereof : and the faid court of aldermen is de- ^d"nd0for£'
clared to be a court of record, and any perfon neceffarily going to, being at, or re- ]^^7l&.i
turning therefrom, fhall be free of arrefl, or any civil fuit.
THOMAS STEVENS, Speaker of the Houfe of Reprefentalives.
BENJAMIN TALIAFERRO, Prefident of the Senate.
Concurred, February 18th, 1796.
JARED IRWIN, Governor. \
An abl to revifeand amend an abl fupplementary to an ablfor regulating the town of Au°
gufla, and amend an abl, entitled " An abl for regulating the town of Savannah and
hamlets thereof, and for other purpofes"
1. T)£ IT ENACTED by the Senate and Houfe of Reprefentatives of the ftate Eieaict)ofa!_
-O of Georgia in General Affembly vut^ That every owner of a lot in the faid *fZl'm^'
126 CORPORATIONS AND TOWN REGULATIONS.
city, and every citizen of this ftate, who is an occupier oFan lioufe, and fliall have re-
fided in the faid city twelve months previous to the day of election of aldermen for the
faid city, {hall convene in fonie place to be appointed and publicly notified by the
mayor and aldermen now in office, at leaft ten days previous to the day of election,
within the faid ward in which they refide, or own a lot as aforefaid, on the firft
Monday in March next, and elect by ballot one alderman, who (hall be a free holder.
proviso. in the faid city, to reprefent them in the city council thereof. Provided, That no
houfe or tenement fhall qualify more than one perfon to a vote.
jlirt°cesrofthe 2* And be it fur I her enacted, That two or more magiftrates of the county of
periatCTdthe Chatham fliall prefide at and fuperintend the faid election in each ward, and that one
or more conftables of the faid county or city mall attend, for the purpofe of preferv-
ing order at the faid election.
feaui°rcSliTop'oe- 3« And be it further enabled, That if any perfon fhall offer to vote, who is not.
ducea-certifi- known to t}ie prefiding magiftrates to be a citizen of this ftate, and otherwife quali-
fied as aforefaid, he fhall not be allowed to vote, unlefs he fliall produce a certificate
from fome court of record, properly authenticated, of his being qualified as fuch,
and having taken the oaths of allegiance, in conformity to the a6ts of this or the
United States.
Allocations 4- And be it further enabled, That no perfon holding any appointment under this
toofficc. ftate, or of the United States, (except juit ices of the peace and officers of the mili-
tia) fhall be eligible to the appointment of an alderman.
Tovote. 5. And be it further enabled, That no perfon holding any appointment under the
corporation of the laid city, and for which he receives a falary or other compenfation
for his fervices, fliall be entitled to vote for an alderman during the time for which he
holds his appointment.
Heaion* annu- 6„ And be it further enabled, That the aldermen which fliall be elected on the firft
al on the first 1 r 1 r •l-irn
ft,!y.dayin Monday of March next, as aforefaid, fhall hold their appointments until the firft
Monday in July, in the year one thoufand feven hundred and ninety-eight, on which
day the perfons qualified to vote as aforefaid, fliall proceed to elect an alderman for
each ward, in the manner and under the reftrifctions pointed out in this act, and fhall
annually thereafter, on the firft Monday in July in every year, elecl an alderman for
each ward as aforefaid, to reprefent them in the city council, agreeable to this act,
and in no other manner whatever.
vestedln^"8 7- And for the better regulating the town of Saint Mary's, in the.county of Cam-
of"hTnAvnof den, Be it further enabled, That the commiffioners of the laid town of Saint Mary's
s»int Mary'i ^ anc| ^^ are hereby veiled with full power and authority to make fuch bye-laws
and regulations as may be neceffary for the good order and government of the faid
town of Saint Mary's: Provided fuch bye-laws and regulations be not repugnant to
the laws and conftitution of this, and of the United States.
clause""8 8. And be it further enabled, That fo much of the aforefaid acts as militate with this
act be, and the fame are hereby repealed.
SrAu|utae£t 9- And be it further enabled by the authority aforefaid, That the truftees of the town
^madeuniof Augufta be, and are hereby authorized and required to make uniform the ftreet
called Greene-ftreet, by reducing the fame to an uniform and equal width, and to
convey by proper deeds of conveyance to the perfons holding lots on the fouth fide
thereof, between Wafhington and Lincoln-ftreets, the ground lying and being between
the faid lots refpectively, and a parallel line to be drawn from the corner at the inter-
feron of Greene and Wafhington-ftreets, to the corner where the faid Greene-ftreet
is interfered by Lincoln-ftreet on the fouth fide thereof, and to their heirs and affigns
CORPORATIONS AND TOWN REGULATIONS. 127
forever, in fee fimple, in as full and ample a manner, as the other lots in the faid
town have been conveyed; the aforefaid lot holders r effectively, their heirs or alfigns,
hrft giving bond with good and approved fecurity to the faid truftees, payable on or
before the hrft day of March, in the year one thoufand feven hundred and ninety-
eight, wkh intereft from the date thereof, for a fum of money which (hall be equal
to the average amount of the truftees' or commiffioners' fales of the two fquares of
lots, the one laying immediately above and the other below the aforefaid corners, in
proportion to the quantity of ground to be conveyed to each lot holder; and the
money arifing therefrom fhall be, and the fame is hereby appropriated to the ufe
of the academy in the faid town; any thing contained in the original plan of the
town, or any former act relative thereto, notwithstanding.
10 and 1 1 Sections, relating to Wade Hampton's bridge, repealed by a6l of 1800. 1$^"^
12. And whereas a majority of the whole number of truftees of the academy and*cadcmy"
town of Augufta, is found by experience to be too numerous a body to manage and
conduQ: the various branches of bufinefs attached" to their appointment, owing to
the frequent abfence and change of refidence of members, for remedy whereof, Be
it enabled, That from and immediately after the palling of this aft, a majority of the
truftees, a6lually being and rehding within the county of Richmond, (hall, and are
hereby declared to conftitute'a board of truftees for the academy and town of Au-
gufta, with full and ample powers to do and tranfact the bufinefs of the fame, any
law to the contrary thereof notwithstanding.
13. And be it further enacted by the authority aforefaid, That George Walker, efq. GwrgeMWker
be, and he is hereby appointed a truftee in the room of Seaborn Jones, efq. who hath trustee.
refigned: And that the whole number of truftees for the faid town and academy fhall ^c"^1*
not exceed the number now in office.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentathes.
DAVID EMANUEL, Prefident of the Senate.
Concurred February 13, 1797.
JARED IRWIN, Governor.
An ab~l fupplementary to an act, entitled u An act to revife and amend an act fupplemai-
tary to an act for regulating the town of Augujla," and to amend an act, entitled " An
act for regulating the town of Savannah and hamlets thereof, and for other pur p of es."
WHEREAS it is required by the afore recited act, that two or more magif- Pr«mK«.
trates of the county of Chatham fhall prefide at and fuperintend the elections
to be held in each ward, in the city of Savannah, for aldermen of the faid city, and
the number of magistrates limited by the prefent conftitution of this ftate may prove
InfufRcient for holding fuch election without manifeft inconvenience:
1. Be it therefore enabled by the Senate and Houfe of Retire fentatives of the /late o/"May°randaI-
/"> ' ' /~< 1 ji ST 1 7 mi 1 J J 1 J I J J dermen may
Georgia, in General A embly met, 1 hat the mayor and aldermen for the time being app°int m1™-
1 . J 1 iiii . 1 . ° sers t0 Preslde
be, and tney are hereby empowered and required to appoint managers to prefide at ^'eaions»
and fuperintend the elections in each ward, for aldermen to reprefent the faid city, at
the times and under the restrictions of the aforefaid a8.
2. And be it further enabled, That it fhall be the duty of the mayor and aldermen Nu;sances Md
of the faid city of Savannah, and they are hereby required to remove, or caufe to be o^mo'vei^"
removed, all buildings, lumber, obstructions or other nuifances whatfoever, from SF"
the public docks at the ends of the ftreets leading to the river, agreeably to the acts
ia8 CORPORATIONS AND TOWN REGULATIONS.
of the late province, now ftate of Georgia, in fuch cafes made and provided, within
fix months from and after the palling of this act; Provided, That nothing herein
contained fhall prevent the faid mayor and aldermen from erecling, at the expence
of the faid city, fuch a head as may be necefiary, not to extend within thirty feet of
low water mark, for the fecurity of the river, by preventing the fand from being
wafhed therein, and fteps thereto for the accommodation of paffengers.
DAVID MERIWETHER, Speaker of the Houje of RepreferJatives,
ROBERT WALTON, Prefidcnt of the Senate.
Affented to February 8th, 1799.
JAMES JACKSON, Governor,
An dt~i for the better regulating of the town of Sunbury.
HEREAS the town of Sunbury requires regulation; Be it enacted by "(Hi
stmvm^sioncvs V V Senate and Houfe of Retire fentatives of the flati of Georgia, in General Af~
of the town to • . J . J : £ J _ J J ; J O z. J
ouaiificatioas ]cm')'-y meti 1 hat on the iecond Monday in January, in the year one thoufand feven
^Voters. hundred and ninety-two, and on the fecond Monday in January in every third year
thereafter, the proprietors of lots or houfes in the town of Sunbury <, who fhall be of
the age of twenty-one years and upwards, fliall meet at the place of holding courts in
the faid town, and$ under the direction of two or mdre juftices of the peace for the
county of Liberty^ proceed to ballot for five per fons$ each of whom fhall be a pro-
prietor of a houfe or lot in the faid tdwn of Sunbury $ and fliall alfo be an inhabitant
thereof, and fhall have arrived to the age of twenty-dne yeafSj which five perfons
eorhmission- fhall be ftyled commifiioners of the town of Sunbury. And the CommifTidners fd
fcierkf&c1.11' chofen, or a majority of them, mail meet on the Monday next following, and ap-
point a clerk and fuch other officers as they fhall deem neceffary$ to carry this ac\
into execution.!
&ke!!ye-uwt 2- And be it further enacted, That trie coiiimifiioriers fo chofen fhall have full pdwef
r"fnl^ndspen- and authority to make fuch bye-laws and regulations, and inflift or impofe fuch pains^
alc:" penalties and forfeitures, as fhall be conducive to the gdod order arid government of
the faid town. Provided fuch bye-laws and regulations be not repugnant to the laws
and conititution of the ft ate, or extending to life or member.
to make - as-- 3. A nd be it further enacted, That it fhall and may be lawful for the faid commiffion-
ers, or a majority of them, yearly and every year to make, lay, and affefs^ a rate of
affeflment, upon all and every perfon or perfons who do, or (hall inhabit, hdld, ufej
occupy, poflefs, or enjoy any lot, ground, houfe* building, tenement dr heredita-
ment, within the limits of the town of Sunbury $ for raifmg fuch fum or fums df mon-
ey, as the faid commifnoners, dr a majority of them, mail judge neceffary for, and to-
wards carrying this acf into execution ; and in cafeofa refufalor neglecl to pay fuch
rate oraifelfment the fame fhall be levied and recovered by warrant of diftrefs and fales
of the offender's goods, under the hand and feals of any juftice of the peace for the
county of Liberty.
ivecommis- 4. A iid be it further entitled, That the perfons fo chdfen to bethecommifTidners of
p'o'rtofsua- the town of Sunbury, be, and they are hereby appointed to be commifiioners to fu-
perintend the pilotage of the port of Sunbury •* and alfo have, and are hereby veiled
* Repealed by a<5t of 1797^-
CORPORATIONS AND TOWN REGULATIONS. 129
with the power and authority of jufiices, fo far as to keep the peace, and prefervc $g$jf*
good order in the faid town.
WILLIAM GIBBONS, Speaker of the Hon >fe of Rrprefcnfativesl
NATHAN BROWN SON, Prcfident oj the ScnMtr
EDWARD TELFAIR, Governor.
December 8, 1791.
An ordinance for empowering commiffoners to fx on a place convenient for a feat of
government^ and to erect public buildings thereon.
E IT ORDAINED by the reprefentatives of the freemen of the fate of Georgia hmtMtiSm
in General Affembly met, and by the authority of the fame, That Nathan Brown- r?xp°nna*puce .
fon, William Few and Hugh Lawfon, efqrs. mall be commifiioned and appointed, government &
and they, or a majority of them, are hereby authorized, and empowered, to proceed
and fix on a place which they may think molt proper and convenient, for erecling of
public buildings, and eftablifhing the feat of government and theuniverfity. Provided,
The fame mail be within twenty miles of Galphin's old town; and the faid commif-
fioners are hereby authorized to appropriate any public lands, or to purchafe, or Authorized to
otherwife procure, in behalf of the date, a tra6l of land for that, purpofe, which mall KSSi,
not exceed one thoufand acres, and to lay out a part thereof in lots, ftreets and alleys, [„t.S
which fliall be known by the name of Louifville ; and after referving a fufficient quan- HavlngrSer-
tity of land for the ftate-houfe, univerfity, and other public buildings, to fell the re- mty^a the0"'
mainder Of the lots, or fo many as they mall judge rnoft conducive to the public in- wv!ran?ent-;
tereft ; and alfo to fell the government-houfe and lot in the town of Savannah, and™h
' ■ • * o ' Money unsinc
the money, arifing from the fale of the faid houfe and lot, (hall by them be applied to t]^t0™d'ta0p"
the fole purpofe of paying for the aforefaid land, and erecting the faid public buildings : j^efca&n "*
and the faid Nathan Brownfon, William Few, and Hugh Lawfon, or a majority of thestate-li0U£C«
them, are hereby veiled with full power to bargain, fell, and convey the faid govern-
ment-houfe and lot, together with the houfes an* lots in Louifville, fo as aforefaid to
be laid out, with the appurtenances, and to take bonds in their own names, and to their
fucceflbrs in office;, and", On receiving full payment, to convey to the purchafer or
purchafers thereof, and make a fufficient title in feefimpleto the fame, which fhall be shaii make «-
held and confidered as good and valid in law or equity.
2. And be it further ordained, That the faid commiffioiiers fhall, before they enter siwii givebowi
J . T ' . . ' and security, Ss
on the bufinefs aforefaid, give bond and fecurity to his honor the governor, for theukeal,oath'
due performance thereof in the penalty of fix thoufand pounds, and fhall, before him
take the following oath. " I, A. B. appointed a commiffioner to fix on a place moft fronnt»»ere<»
convenient for a feat of government, and for erecting buildings thereon, do folemnly
fwear, that I will faithfully difcharge the duties required of me by law, to the beft of my
fkill and judgment, for the intereft of this ftatej and the convenience of the inhabitants
thereof. So help me God." And the faid Commiffioners fhali receive compenfa-
tion for their expences while on actual fervicej Provided the fame does not exceed
two dollars each per day.
3. And be it ordained by the authority aforefaid, That the place of the meeting of Andrece!re
the legiilature3 the refidence of the governor, the fecretary, treafurer5 furveyor ge- w™^*^
R
130 CORPORATIONS AND TOWN REGULATIONS.
*orfry ?Mt^r~ neral and auditor fhallbe at Augufta, until the ftate-houfe and other public buildings
fhall be ere&ed; and the next meeting of the legislature thereafter fhall be at Louik
ville.
WILLIAM GIBBONS, Speaker,
Augufta, January 26, 1786.
toveniment.
An all for the letter regulating the town of Louifvilte.
Gamble.
Commissioners
appointed.
1. T^^HEREAS the town of Louifville requires regulation; Be it therefore enacl-
V V ed by the Senate and Houfe of Reprefentatives of the Jlate of Georgia in Ge-
neral Affembly met, and by the authority of the fame, That the following perfons, to
wit, Dr. John Powell, John Berrien, Cbefley Boftwick, John Shelman and Mi-
chael Shelman, efqrs. be, and they are hereby appointed commiffioners of the town
of Louifville, and that they, or a majority of them, fhall, immediately after the
paffing of this a£t, convene, and proceed to the appointment of a clerk and fuch
other officers as they may deem neceffary to carry this a£t into execution.
twi pewer.. 2. And be it further enabled, That the faid commiffioners fhall have, and they are
hereby veiled with full power and authority to make fuch bye-laws and regulations^
and inflict or impofe fuch pains, penalties and forfeitures, as fhall be conducive to the
good order and government of the faid town of Louifville: Provided, That fuch
bye-laws and regulations be not repugnant to the laws and conftitution of the flats*
and that the pains, penalties and forfeitures . aforefaid, fhall not extend to life or
member.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives-,
DAVID EMANUEL, Prefident of the Senate.
Affented to January 31, 1798.
JAMES JACKSON, Governor.
An act to confirm and make valid all titles to certain lots fold by the commiffioners of the
town of Louifville.
E IT ENACTED by the Senate and Houfe of Reprefentatives of the fate of
Georgia, in General Affembly met, and it is hereby enacted by the authority of the
fame, That in all cafes where lots have been fold by any former commiffioners of the
town of Louifville, and titles have not been made and executed, it fhall and may be
lawful, and the commiffioners herein after named, or a majority of them, arevefted
b^ew^a0 w^n f11^ Power and authority to make and execute titles in fee fimple, to fuch pur-
chafers, or their legal reprefentatives, for the lot or lots in fuch fituation.
Threecommfs- 2. Be it further enabled, That Michael Shelman, Zachariah Lamar and Daniel
?o««ed. Sturges be, and they are hereby appointed commiiiioners of the town of Louifville,
Tefted with full power and authority to carry this act into full effect.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
ROBERT WALTON, Prefident of the Senate.
Affented to February 15, 1799.
JAMES JACKSON, Governor,
CORPORATIONS AND TOWN REGULATIONS. i$i
An act to efiablifh the town of Wright/borough in the county of Columbia, and to jccurc
the .inhabitants thereof in their rights to certain lands appropriated for their benefit.
1. TX.E IT ENACTED by the Senate and Houfe of Representatives of the fate ofGeor- T3wnand
JLJ gia in General Affembly met, and by the authority of the fame, That all that tracl wS*^
<or parcel of land, containing one thoufand acres, which was ordered to be f-uryeyed uSed^ST1
by the governor antl council, on the feventh day of February, one thoufand feven contlrms4-
hundred and fixty-nine, fituate, lying and being in the then parifh of St. Paul, now
county of Columbia, (hall be, and the fame is hereby fet apart for public purpofes*
agreeably to the true intention and meaning of the aforefaid order; and the faid one'
thoufand acres of land mail in future be held, deemed and confidered as the town
and commons of Wrightfborough, any law to the contrary notwithstanding.
2. And be it further enabled by the authority aforefaid, That the commiffioners of commissioner*
the town and common of Wrightfborough mall be, and they are hereby authorized fa™ oToene inl-
and empowered to lay out, agreeably to the original plan of the faid town, one *$es!nto io&.
hundred and fifty acres of land into lots and ftreets, including the lots and ftreets al-
ready laid out, and from time to time thereafter, expofe the whole, or any part of the And expose
faid lots of land to public fale, firft giving twenty days public notice of fuch their in- ^le™?™"^1*-
tention. Provided neverthelefs, they the faid commiffioners mail not be authorized ^ d*yi *oticc'
to fell, or otherwife difpofe of fuch lot, or lots of land in the faid town, that have at
any time heretofore been difpofed of, agreeably to the true intent and meaning of the
aforefaid order, and they the faid commiffioners (hall be, and they are hereby authori-
zed and empowered to convey unto any perfon or perfons, who may or fhall pur- An(ims,cH
chafe any lot or lots of land in the town of Wrightfborough in purfuance of this act, ^hl^s^ Pur-
or title in fee fimple for the fame.
3. And be it further enabled by the authority aforefaid, That the commiffioners in ^mf7h^
purfuance of this act fhall be, and they are hereby authorized and empowered to difpofe fe°Stnfiv*
of the whole, or any part of the remaining unappropriated eight hundred and fifty acres yesrs*
of land, to the ufe of a common for, and in behalf of the lot holders in the town afore-
faid, or by laying out the fame in lots of fuch fize as they may deem proper, not ex-
ceeding fifty acres each, and leafe the fame from time to time, not exceeding five years at
any one time, on their giving public notice as aforefaid ; and the faid commiffioners
fhall apply all fuch monies as they may receive in purfuance of this aft, towards ere£t- ^^*ri8{"e
ingand fupporting afeminary of learning in the town of Wrightfborough, and they fhall g1*1^
from time to time, not lefs than once in two years, deliver unto the grand jury of their tt^Sgj?"*
county, a fair flatement of the receipts and expenditures of all monies which they fhall ^u£7tw9
receive or expend in purfuance of this acl, and the grand jury of fuch county fhall ex- receTPntsnandf
prefs their approbation or difapprobation, on the conduct of faid commiffioners. bX-cthe1'0*
4. And be it further enabled by the authority aforefaid, That Thomas White, Wil- SsSSes o7the,
liam Smith, JeffeBull, Joel Cloud, and Nathan Jones, fhall be, and they are hereby commi8"oneM-
appointed commiffioners of the town and common of Wrightfborough, to continue
in office until the fecond Monday in May, one thoufand eight hundred and one, on «ain<rf^?'
which day the lot holders, in the town and common of Wrightfborough, fhall affem- shaii be eieadi
ble in the faid town and elecl; five fit and difcreet perfons as commiffioners for the faid uielecaJ&MW
town ; and they the faid lot holders fhall, on the faid fecond Monday in May in eve- ^ 1R Mar' ;
ry fubfequent term of two years thereafter, in manner and form a aforefaid, eleQ;
commiffioners for the town and common of Wrightfborough.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives,
ROBERT WALTON, Prefident of the Senate.
AfTented to Februarv 16, 1799.
JAMES JACKSON, Governor.
132 CORPORATIONS AND TOWN REGULATIONS.
An act for laying out the referve land in the town of Augufla into acre lots, the creeling
an academy or feminary of learning, and for other purpofes therein mentioned.
pf«ambw "WTTHEREAS the legiflature, taking into confideration the advantages that muff.
V V neeeflarily refwlt to the flare from the encouragement of the town of Augiif-
ta, did, in January feffion, one thoufand feven hundred and eighty, pais an aci for
the laying out the referve of the public land in and near the laid town into acre lots,
and directed the fame to be fold at public outcry, under fuch reftri&ions as were there-
Termsofsaie in particularly fet down and mentioned: And whereas the faid lots were laid out and
ofi78onoatbe»fold, but the laid reftriftions not being complied with, the faid fales are become null
Ihe sIW loVre- and void, and the lands are again veiled in the (late: And tohereas the fame reafons
stote. continue for the encouragement and enlargement of the faid town of Augufta: Be
it therefore enabled by the reprefentatives of the freemen of the fate of Georgia, in
General Affanbly met, and it is hereby enabled by and with the authority of the fame,
Andcommis- That from and immediately after the pafiins. of this a6l, George Walton, Tofeph
t«d to iav off Panne'l, Andrew Burnes, William Glafcock and Samuel Tack, efqrs. who are here-
and sell the ; " • ' " . . . ■ " , .«,,-;■*■•.
pa* again, by declared and empowered ascommiffioners for carrying the fame into execution,
fhall, and they are hereby required to caufe the faid lands referved as aforefaid, to be
again laid out in acre lots, and to proceed to the fale of the fame by public auclion
to the highefl bidder, the laid commiffioncrs firft giving three months notice of fuch
fale, under fuch reftricHoris and terms as are hereafter particularly laid down and
mentioned.
T«swof»k. 2. And be it further enabled, That the terms on which fuch lots fhall be fold and
difpofed of, mail be one fourth of the purchafe money cafh, one fourth payable in
one year, and the other two fourths payable within three years thereafter, fuch pur-
chafer giving bond and fecurky for payment of principal and the interefl from the
date, at the rate of feven per cent, per annum, with proper mortgages of fuch lots
in cafe of failure in payment as aforefaid.
to b-r.id there- o. And whereas the fettlement of the faid town is a great obieel with the legiflature;
on m two YCiirs ^ o j 'J~
^-Vhertedsin0be $e it further enacted, That every fuch purchafer as* aforefaid fhall, and he is hereby
thejuse. required, as apart of the terms aforefaid, within the (pace of two years, to build or
caufe to be built a tenantable brick, ftone or frame houfe, not lefs than fixteen feet
by twenty-four, on fuch lot or lots he may become poffeffed of by fuch fale, and in
default whereof, fuch lot or lots fhall, and they are hereby declared to revert to and
become again the property of the ftate.
4. And whereas a feminary of learning- is greatly neceffarv for the inftruction of
One lot resez- y o o / /
cimrciT \va our youtn5 and ought to be one of the firft objecls of attention, after the promotion
u-«f.or'pub!lc of religion: Be it further enabled, That after the faid commiffioncrs have referved
one of the firft lots for building a church or houfe of worfhip to the Divine Being,
by whofe blefTmg the independence of the United States has been eftablifhed; and
Morues.in.vng a referve of ten other principal lots for public ufes — the monies arifing from fuch
proprtatedto fales, after defraying the charges for building faid church, fhall be, and they are
port a church hereby vefted in the hands and power of faid commiflioners named as aforefaid, as
and seminary ' ■ re • • 1 r 1 • 1 X C
ofieaming. truitees for the purpofe of carrying into execution the intentions of this law, and tor
erecting an academy or feminary of learning as aforefaid, their heirs and fucceffors
. in office forever, in truft for the fole ufe of the faid church and academy or feminary.
Commissioners 1 ; • r 1 n •
tlcfrSdvVJhe 5- J^n"' "e li Juriher enacted, That the faid commiffioners, on the fales and refine -
neychaandrnay t'ons aforefaid being complied with, fhall be, and they are hereby authorized and
tttSS." empowered to give titles as amply and fully to -fuch purchafers, as truftees aforefaid,
CORPORATIONS AND TOWN REGULATIONS. J 33
as the faid ftate poffibly could or might do, and in their name and the name of their
fuccefTors in office, to receive fuch monies, both principal and intereft, arifmg from
fuch falcs, or the loan of any part thereof, and the fame to lend out again at intereft,
orothcrwife difpofe thereof, as the faid commiffioners or a majority, their fuccefTors
or a majority of them, fliall think moft advantageous to the fund of the laid church
and academy, or feminary.
6. And be it further enabled, That the faid commiffioners {hall yearly and every siiauten4erad
year render a juft and true account of the fund of the faid feminary, to his honor coum^W
the governor and executive council for examination, and if found by them guilty of «uti«, wi,o
mal-pracTice, fuch offending commiffioner or commiffioners fliall be difplaced and l^/°r mi!-
others appointed for that purpofe in his or their room.
7. And be it further enabled, That the faid commiffioners fliall be, and they are^'^f^S
hereby authorized and empowered to erect on one of the faid lots, or purchafe from ^ryreguH-06*"
the falesof the fame, fome fpot convenient for that purpofe, a building commodious
and proper to anfwer the intentions of this acl, as an" academy or feminary as aforc-
faid, and to enter into fuch contracts for erecting the fame, as may be thought molt
advantageous for the faid fund by a majority of the faid commiffioners ; and further
to procure and agree with proper mailers and profe (Tors for the ruling the fame, and to
inftitutefuch bye-laws, for the increafing the faid fund, and better governing the faid
feminary as to the faid commiffioners may appear bed adapted.
8. -And. be it further enabled by the authority aforefaid, That the public ferry at the umietthe;?
town of Augufta, fliall be under the direction of the commiffioners aforefaid, fubject dircctIon-
to fuch regulations as are or fliall be eftablifhed by the legiflature.
g. And whereas in and by the faid law paffed at Augufta as aforefaid, a town was ^"l"Vash"
ordered and actually laid out in the county of Wilkes, at a place called Wafliington, Wl!t"count>r-
under fuch redactions as were likewife therein laid down, but the fame was not com-
plied with, and the faid lots are in like manner reverted, Be it further enabled, commissioner*
That Stephen Heard, Micajah William fon, Robert Harper, Daniel Coleman and iW\4n<Mdl
Zachariah Lamar, efqrs. fliall be, and they are hereby appointed commiffioners for »« upon the
* • • 1 J j j 1 i sainc terms 2i»
carrying the intentions of the legiflature in that inftance into execution, and they are tho*e vf ,:V,'kus"
JO D_ ... .-' ta, and the mo-
hereby required to caufe to be laid and admeafured out, likewife in the faid town, "e* ^ine
acre lots as aforefaid, to be fold on fuch terms as are herein before contained and laid J^ : purposes!
down for the lots in the faid town of Augufta, and to receive fuch monies for fuch
faies, into their hands, or the hands of their fuccefTors 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 commiffioners and their
mcceffors in office forever, as truftees for the fole purpofe of carrying this law into
execution, they the faid commiffioners to be liable to all and every examination the subjea*a.tiia
commiffioners for the Augufta academy are by this aft liibiecl to: and in the fame ^ymi\a-k
.". .0 *...'. . ted with sami
manner the faid commiffioners, or a majority of them, their fuccefTors in office, org™"*?
a majority of them, are hereby fully empowered to give full and ample titles on fuch f^fj,
Tales for lots in the town of Wafliington, and the monies and funds in like manner ^V;1
to place out at intereft, as to them fliall likewife appear molt advantageous; and pro-
per mailers to engage for ruling the faid fchool, and bye-laws to inftitute, and con-
tracts to enter into for the building the faid church and fchooi.
10. And be it further enabled, That on the death, neglect or refufal to a£l, or fuf- vacancies to i-c
pennon of any, all or either of the faid commiffioners or truftees herein named, others ^^J'{;v
.fliall be appointed by his honor the governor and executive council, to fill up the va
ted with same
o\er
hool and
at Wash-,
ton, as the
the extent h
134 CORPORATIONS ANt) TOWN REGULATIONS.
cancy ; and that fuch fucceflbr or fucceffors fhall be,» and he and they hereby is and
are fully invefted with all the powers of his or their predeceffor or predecefTors in of-
fice, and he or they fhall be liable to all and every the examinations before mentioned
Aceountstobe and contained; and that the faid commiilioners and their fucceffors fhall render in
tendered on ^gjj. accounts upon oath, and produce proper vouchers, and fhall be allowed a clerk
fiiowedlwiA for keeping the accounts and tranfactions of the faid trufteefhip, who fhall be paid
compeSon. fuch falary as the faid truftees may think adequate to this fervice, out of the faid funds.
commissioners n. And be it enabled, by the authority aforejaid, That from and immediately after
appointed to ■ -^ s j j * ^ j
caTeawame" tne pa'ffing of this act, Thomas Lewis, fen. Thomas Lewis, jun. John Duhart, Ed-
Burkegchounty. ward Telfair and John Jones are hereby declared and empowered as commifiioners
feunopt°execreed. ^or carrying into execution the intentions of this ati, for laying out a town on the
dnrld7o0»,hto1' referve of public land in the county of Burke, into acre lots, and difpofing of the
buildings!10 fame at public outcry, and the monies arifing therefrom to be applied to the purpofe
of erecting the neceffary buildings in the faid town, to be known by~ the name
of Waynefborough; the faid commiffioners not to difpofe of any number that fhall
exceed two hundred lots, fubject. to fuch reftricYions as herein before contained and
declared for the better regulation of the town of Augufta, in the county of Richmond.
-rhe governor i2. And be it further enabled, That his honor the governor and executive council
thousand acres fhall be empowered to grant to the faid truftees for carrying this law into execution,
of land to the * . ■ O . JO i
trusteesofthe anc| for the fole purpofe and intereft of faid academy, fuch tracl, or tra£ts of vacant
academy. r r _ J * ?
land, they may apply for, not exceeding the quantity of two thoufand acres.
«cnrestforsthed i 3- And be it further enacted) That on application of the commiffioners aforena-
ingtonf Wash' med for the town of Wafhingtou, his honor the governor is hereby empowered to
pafs a grant for fuch tract or trails of vacant land, not exceeding one thoufand acres,
for the fole ufe and purpofe of the faid free fchool in the faid town.
And one thou- 14- And be it further" enabled. That on application, of any perfon or perfons duly
«ch county, authorized by the refpective counties, his honor the governor fhall be, and he is here*
^iS?rtfree by likewife empowered to grant one thoufand acres of vacant land for erecting free
fchools as in the above town of Wafhington.
Pubiicaa. 15. And be it further enabled, That this act. fhall be a public act, and given as fuch
in evidence.
WILLIAM GIBBONS, Speaker.
Augufta, July 31, 1783.
An abl to enable the tniflees of the Richmond academy to leafe out the commons of Ay*
gujla/andfor other purpofes therein mentioned.
preamble. "\/\ 7HEREAS the clearing and cultivation of the flat lands fouthward of Auguf-
V V ta will contribute much towards preferving the health of the inhabitants, as
well as add to the fupplies of the town.
And whereas it is reprefented that the faid inhabitants are generally defirous that the
Tmstewof commons mould be leafed, Be it therefore enabled by the Reprefentatives of the freemen
*cm™utho™~ of the fate of Georgia in General A/fembly met, and it is hereby enabled by the authority
ILllmwnot of the fame, That from and immediately after the pafling of this act, it fhall and may
acre lots for be lawful for the truftees of the Richmond academy, to leafe out any part, or the
whole of the faid commons, in lots not exceeding five acres for any term not exceeding
feven years? the rent of which to beconfideredas part of the funds of the faid academy
CORPORATIONS AND TOWN REGULATIONS. 135
2. And be it further enabled, That the faid truftees fhall be alfo empowered to lay StaSSttS*
out and fell the public land on the lower part of the town, in lots of any fize lefs than thrown.0
an acre, upon fuch credit as they may deem proper ; as well as another row of lots on ^awwof
the common tothefouth of, and adjoining the fame ; and that the fales of lots here- ;£™m°tnht0
tofore made, of more or leis, than an acre, be confirmed. And the faid truftees areAndtoselUou
hereby directed to proceed to fell again, all fuch lots as fhall not be complied for,^tedt0
agreeable to an aft of affembly, within twelve months from the paffing of this, and
the exprefs terms of fale.
o. And be it further enacted by the authority afore faid. That the faid board fhall have to make th£
O J y J J J > 1 ' • ' j sarne regula-
power to carry into execution in the town of Auguita, the fame regulations and *£*» joa^
powers as the commiflioners of the town of Savannah, may lawfully do there, and ^'"^
that two members be added to the board of truftees for faid academy. tot'emal!e
WILLIAM GIBBONS, Speaker.
Augufta, Auguft 14, 1786*
An at! to authorize the truftees of the town of Augufta to make uniform the Broad-ftreet
of the fame, and to give relief to certain lot holders therein; and alfo empower
the faid truftees to appropriate one of the public lots for the ufe of a meetmg-houfe or
houfe of worfhip in the faid town, and for other purpofes.
l.Tlf 7HEREAS it is reprefented to this General Affembly, that the lotholders ofprea[nbte
V V the north fide of Broad-ftreet, in the aforefaid town of Augufta, fituate
in that part of the town lying being Wafhington and Lincoln ftreets, fuffer great
inconvenience from the extraordinary width of the faid Broad-ftreet, the fame being
fixty-four feet wider there than above and below them : for remedy whereof, Be it
enabled by the Senate and Houfe oj Reprefentatives of the flate of Georgia in Gene-
ral Affembly met, That the truftees of the faid town of Augufta be, and they are Broad-street in
hereby authorized and required to make uniform the aforefaid Broad-ftreet, by redu- ma^uViform,
cing the fame to equal width, and to convey by proper deeds of conveyance to the
perfons holding lots between Wafhington and Lincoln ftreets, and on the north fide
of Broad-ftreet as aforefaid, the ground lying and being between the faid lots reflec-
tively, and a parallel line to be drawn from the corner at the interferon of Broad
and Walhington ftreets, to the corner where the faid Broad-ftreet is interfered by
Lincoln-ftreet on the north fide thereof, and to' their heirs and affigns forever, in fee
fimple, in as full and ample a manner as the other lots in the faid town have been
conveyed, the aforefaid lot holders refpeftively, their heirs or affigns, firit giving
bond with good fecurky to the faid truftees, payable on or before the firft day of
March, one thoufand feven hundred and ninety-feven, with intereft from the date
thereof, for a fum of money which fhall be equal to the average- amount of the com-
miffioners' fales of the two fquares of lots, the one lying immediately above and the
other below the aforefaid corners, in proportion to the quantity of ground to be con-
veyed to each lot holder, and the money ariling therefrom fhall be, and the fame is
hereby appropriated to the ufe of the court-houfe and jail in the faid town.
2. Whereas by an aft of the General Affembly, entitled " An aft for the more
fpeedy and effectual fettling and ftrengthening this ftate," it is enacted, among other
things; that the commiffioners of the town of Augufta, ox any three of them, ihaU
136 CORPORATIONS AND TOWN REGULATIONS.
referve two of the bed lots in the centre line of the faid town, and diftant from each
other, for houfes of public worfhip : And whereas the fame hath not been carried
fully into effect, and inafmuch as the free and uncontrolcd exerciic of religious wor-
fhip is among one of the greateft bleffings which a free people can enjoy : Be it there-
fore further enacted by the authority aforefaid, That the truftees of the aforefaid town
one lot appro- of Augufta be, and they are hereby authorized and required to appropriate one of
ImuJfof public the public lots within the faid town, to contain at leaft one acre of ground, and to
be iituated as conveniently as may be to the inhabitants thereof, for a houfe of pub-
lic worfhip to the Divine Being, by whole blefling the independence of the United
to i,« convey- States has been eftablifhed; and that the faid truftees do, by proper deed of convey-
perionfthcrlin ance, convey unto Cornelius Dy fart, Samuel Jack, Dennis Smelt, Ifaac Herbert,
James Pcarre, John Springer and Mofes Waddel, and their fucceffors forever, the
aforefaid lot of ground for the fole ufe of the aforefaid inftitution.
incorporated. ^ And be it further enacted, That the faid Cornelius Dyfart, Samuel Jack, Den-
nis Smelt, Ifaac Herbert, James Pearre, John Springer and Mofes Waddel, fhall
be, and they are hereby declared to be a body corporate, by the name and flyle of
" The truftees of the Augufta Meeting-Houfe," to have and to ufe a common feal,
with power to fue or be fued, plead or be impleaded, and may acquire, have, hold and
enjoy real and perfonal property, for the ufe and benefit of the aforefaid corporation.
fcusuieiesiiow 4. And be it further enabled. That all vacancies which may happen in the faid cor-
poration by death, refignation or otherwife* in the recefs of the legiflature, fTiall and
may be rilled tip by their own body, until the meeting of the next legiflature thereafter.
Trustees of au- 5. And whereas the aforefaid town of Augufta, hath lately fuftained confiderable
S'toL'X'buS" injury by the inundation of an extraordinary flood 'of water in the Savannah
teapiersiri river, and which was considerably heightened by the direction of the current im-
mediately againft the town ; for remedy whereof, Be it enacted by the authority afore-
faid, That it fhall and may be lawful for the truftees of the aforefaid town of Auguf-
ta, toeftablifh a lottery, within eight months from and after the palling of this aft, un-*
der fuch fcheme, regulations and reftriftions, as the faid truftees may deem moft ex-
pedient, fully to effect the end of completing one or more fufficient pier or piers$
in fuch part or parts of the river as will, in their judgment, moft effectually di-
vert the current of the fame from off the faid town ; Provided, That fuch piers fhall
not obftruct the navigation of the faid river.
Thomas Cifti-' 6i And be further enabled, That the executive appointment of Thomas Gumming^
^"iTastrus1"1" efq. as one of the truftees of the town of Augufta, in the room of John Milton efq.
Adcutionai ' religned, be, and the fame is hereby ratified and confirmed ; and that, Abraham
trustees ap
minted, Jones, Samuel Jack and Auguftus Baldwin, efqs. be and they are hereby added to
the lift of truftees for the faid town of Augufta.
THOMAS STEVENS, Speaker of the Houfe of Reprefcntatives.
BENJAMIN TALIAFERRO, Prefdent of the'Senaie.
Concurred February 18, 1796.
JARED IRWIN, Governor.
Hugu^ta,
An act to incorporate Augifla ; and improve the public roads in the neighborhood thereof
»rcamb&.: *W J"HEREAS from the extent and population of the town of Augufta, its grow-
ing importance, both with refpect to increafe of inhabitants and drtfufive
'CORPORATIONS AND TOWN REGULATIONS, -'37
coriimerce, it is indifpenfibly neceflafy that many regulations mould be made, for the
prefervation of peace and good order within the fame. And xvhereas from the many
weighty and important matters that occupy the attention of the legiflature, at their
general meeting, it has hitherto been found inconvenient^ and may hereafter become
more fo, for them to devife, confider, deliberate on, and determine all fuch laws and
regulations, as emergencies or the local circumftances of the faid town may from
time to time require.
i„ Be it therefore tkuBed, That from arid immediately after the pairing of this °ff^rf{o*%
aft, all perfons citizens of the United States, and redding one year within the faid
town, and having a free-hold or leafe for years, of a lot within the fame or the vil-
lage of Springfield, or between the faid village, and mail be deemed and they are
hereby declared to be^ a body politic and corporate; and the faid town mall hereaf- *ri srytea ere?.
ter be called and known by the name of the " City of Augufta," and mail be divided
into the following diftrifts, to wit, all lots fituate below the crofs ftreet, running from
the river Savannah between the market-houfej and the houfe of Mrs. Fox, to be cal-
led and known by diftrift number one, all the lots between the faid ftreet and the crofs
ftreet running from the faid river, between the houfe of Mr. Andrew Innis and the
houfe occupied by Collin Reed and Co. to be called and known by diftrift number
two,, and all the lots above that ftreet, including the village of Springfield^ fhall be
called and known by diftrift number three.
2. And be it further enacted, That any three juftices of the peace for the county dfaietotiaad
Richmond (hall, within fixty days after the pairing of this aft;, give ten days public mlmbSiiftfe
notice, that two members are to be chofen for diftrift number one, three members
for diftrift number two, and two members for diftrift number three, to reprefent them
in city council, whofe qualification fhall be the fame as that of a member to the Houfe
of Reprefentatives of theftate legiflature; and that all free white perfons refiding in
each diftrift, being citizens of the United States^ and refiding one year within the faid
town, and having a free-hold or leafe for years of a lot therein as aforefaid, (hall be
entitled to vote for members for their refpective diftrifts; and they fhall alio notify the
time and place when and where the eleftion is to be held for each diftrift, and appoint
proper perfons to condtift the fame; fcnd the faid perfons, when the eleftion is clofed^
mall make a return to the faid juftices of the perfons chofen members of the refpec-
tive diftrifts, and the faid juftices fhall 'give notice to the feVeral perfons of their ap-
pointments refpeftively; and fummon them to meet together at any time and place,
within three days after their eleftion, for the purpofe of taking the oath of office pre-
scribed by this law j which oath maybe adminiitered by any juftice of the peace, or
one warden to another: Provided three be p relent at the time of adminiftering the
fame, and mall be in the words following: H I, A. B. do folemnly fwear, that iTiieiroatt.
will, to the utmoft of my power, fupport, advance, proteft and defend the good
order, peace and welfare of thetity of Augufta, and its inhabitants; and I will faith-
fully demean myfelf in the office of intendant (or member of the city council, as the
cafe may be) for the faid city, according to the bye-laws and regulations thereof, to
the beft of my fkill and judgment : I do (wear,- that I wil! fupport trie constitution of
-tins' ftate : I do alfo' fwear that I will fupport the constitution of the United States.".
q. And be it further enacted, That when five or more of the faid members fh all Eieaioa a"a ,.
O J i ... . . . qualification Oi
have met and qualified as aforefaid, they fhall^ within three days after fuch their qua- intendant-
lification, give five days public notice, that an intendant of the city is to be chofen
by the members of the city councilj either from among their own body, or the citi-
: 8 "
Powers of the 3J"
*&iy council,
138 CORPORATIONS AND TOWN REGULATIONS.
zens of the faid town poffeffing the qualifications of a member as aforefaid ; an-d at
the time mentioned in fuch notice, the faid members fhall meet at the court-houfe in
the faid city, and vote for fuch intendant. And when fuch intendant fhall be chofen
he fhall take the oath above inferted, in the prefence of any two or more of the mem-
bers, after which he may qualify fuch members as were not before qualified, and if
any member mould be chofen intendant, he together with the members, fhall fill up
vacancies. fuch vacancy until the next annual election. And the faid intendant mall and may
as often as occafion may require, fummon the members to meet together in city coun-
cil, any five of whom, with the intendant, fhall be known by the name of, and they
are hereby declared to be,, " The City Council of Augufta." And they and their fuc-
ceffors hereafter to be appointed fhall have a common feal, and fhall be capable in
law to purchafe, have, hold, receive, enjoy, poffefs and retain, to them and their
fucceffors in office, for the ufe of the city of Augufta, in perpetuity, or for any term
of years, any eftate or eftates, real or perfonal meffuage, lands, tenements or here-
ditaments of what kind or nature foever, within the limits of the faid city, and to fell,
alien, exchange or leafe the fame, or any part thereof, as they fhall think proper;
and by the fame name to fue and be fued, implead and be impleaded, anfwer and be
anfwered unto, in any court of lav/ or equity in this (late; rand they fhall alio be veft-
ed with full power and authority, from time to time, under their common feal, to
make and eftablifh fuch bye-laws, rules and ordinances refpecting the harbor, llreet-s,
public building?, work-houfes, markets, wharfs, public houfes, carriages, waggons,
carts, drays, pumps, buckets, fire-engines, the care of the poor, the regulation of
diforderly people, negroes, and in general every other bye-law or regulation that fhall
appear to them requilite and neceffary for the fecurity, welfare and convenience of the
faid city, or for preferving peace, order and good government within the fame'; and
the faid city council fhall alio be veiled with full power and authority to make fuch
affeffments on the inhabitants of Augufta, or thofe who hold taxable property within
the fame, for the fafety, benefit, convenience and advantage of the faid city, as fhall
appear to them expedient; and to affix and levy fines for ail offences committed againft
deTrndoufer tne Dye-laws of the faid city ; and they are hereby alfo authorized to appoint a-clerk,
t°,^[:"*]aariedsfix treafurer, harbor mafler, fire mafter, marfhal, conflables, and all fuch other officers
andfeei. (affixing the falaries and fees of fuch officers refpeclively) as fhall appear to them re-
quiiite and neceffary, for carrying into effectual execution all the bye- laws, rules, and
ordinances they may make, for the good order and government of the faid city and
noaMoetbe?e-e l^e perfons refiding therein P\Prov.ided, That nothing herein contained fhall authorize
sieved. ^he c-lty council to remove or alter the place for the public market-houfe within the faid
city, but the one now eftablifhed may be enlarged or extended, as the convenience of
the citizens may from time to time require; nor fhall they make any bye-laws repug-
nant to the conilitution or laws of the land: And provided a!Jo, That the- bye-laws,,
rules and ordinances they make fhall at all times be lubject to the revifal, alteration or
repeal of the .legiflature.
Members of 4. And be it further enacted, That the faid members of the city council fhall each
the council, * . '••.-; i 1 • 11 11 • 1 1
*x-?ffido^ of them have .full power ansa authority, and they are hereby required to keep peace
peace. ancj good order, within their refpeftive diftricls; to iffue warrants, and caufe all of-
fenders againft law to be brought before them, and on examination either to releafe,
admit to bail, if the offence be bailable, or commit to the cuftody of the f be riff of
Richmond, who is hereby required and commanded to receive the fame ; and the fame
to keep in fafe cuftody until difcharged by due, courfe of law. And each, and every
of the faid wardens for the time being, ffiall be veiled with all the powers and author-
CORPORATIONS AND TOWN REGULATIONS. t'&
ities, that juftices of tht peace are vefted with by the laws of this ftate, and fhall and
may exercifethe fame in every part of the faid city, for the prefervation of the peace
and good order thereof. On the fecond Monday in April, in the year fev en teen E,eaionof
hundred and ninety-nine, and on the fecond Monday in April, in every year thereaf- ^caTonrstfw
ter, there fhall be an election for members within each diftrict, as herein before de-'da^ApSSu
fcribed, the place for holding the faid elections, and proper perfons for managing and
conducting the fame, to be appointed by the intendant ac leaft ten days before the faid
time ; and the perfons fo chofen (hall take the oath of office before the intendant for
the time being, or any judge, or juftice of the peace, after which they {hall be fully
qualified to^ afct as members, and fhall within three days thereafter appoint an intendant,
qualified as herein before expreffed ; but after a new .election of members, none of
the former members fhall act or fit as members of the city council, unlefs they fhall
have been re-elected • and the perfon fo appointed, or chofen intendant fhall take the
oath of office in prefence of two, or more of the members, until which the former in-
tendant fhall continue to act : but no nerfon fhall be eligible to ferve as intendant for
more than five years in any term of feven years. In cafe of death of the intendant, ^^^j*
His refignation, refufalto act, removal from office, or ab fence from the ftate, the war- fo'tendant.
dens fhall fill up fuch vacancy until the next annual election, and in cafe of vacan-
cy in any of thediflricts, by death or otherwife, fuch vacancy fhall be filled up by the
intendant and other members until the next annual election. And if any perfon up- Fine of thirty
J r l dollars for re-
on being elected intendant, fhall refufe to act, he fhall forfeit and pay the fum of thirty f"^"f,1t°taaas
dollars, for the ufe of the faid city; and if any perfon upon being elected member of^^fy
the city council, fhall refufe to act, he fhall pay for the ufe of the faid city the fum of member-
twenty dollars. And in cafe the intendant or any of the members of the city council fubjeatoen-
v/hilft in office fhall be guilty of any wilful neglect, mal-practice, or abufe of office, he, mai-Praaicc.
or they fhall be fubject to endictment in the fuperior court of the county of Rich-
mond in like manner as juftices of the peace are by law fubject; and on conviftion
thereof, he or they fhall forfeit and pay a fum not exceeding fifty dollars for the ufe
and benefit of the faid cit)C
5. And be it further enacted, That it fhall be the duty of the faid city council, and S^dES*
they fhall have full power and authority, to keep in repair all public roads leading todircaiwu
Augufta, for the extent of three miles leading from faid city ; and may levy a tax for
that purpofe, in fuch manner and under fuch regulations as they may conceive leaft
burthenfome to the citizens, and beft calculated for the general good, convenience and
welfare of the faid city and the inhabitants thereof.
DAVID MERIWETHER, Speaker of the Houfe of Reprefenlativeh
DAVID EMANUEL, Prefdent of the Senate. ■
Affented to January 31, 1798.
JAMES JACKSON, Governor.
An aft to extend and enlarge the jurifditlion of the mayor and aldermen of the city of Sd~
vannah, and to limit and define certain powers heretofore vefed in the corporation of
the city of Augujla.
i» Y\& *T ENACTED, That from and immediately after the palling of this act, jurwiaconat
JL3 the court of the mayor and aldermen of the city of Savannah fhall be, and "Kg***
they are hereby vefted with full power and authority, to hear and determine all fucla * ""**'
*'10 CORPORATIONS AND TOWN REGULATIONS.
civil cafes as they have heretofore had cognizance of when the debt, damages, or caufe
of action, fliall not exceed the fum of one hundred, nor be lefs than twenty dollars, in
the fame manner, and under the like rules and regulations, as have heretofore been
ufedand practifed in the faid court of mayor and aldermen within the faid city; any
former act, or acts limiting the jurifdiction of the faid. court to a lefs fum, to the con-
kovithirty a'oi- trary notwitnftanding. Provided always, That in all cafes above thirty dollars, either
in"fi^atr;-Party ma7 require a trial by a jury of twelve men, which mall be final, and in future
*iVap^stonbe 4! appeals in the faid court (hall be tried by a jury of twelve men, any thing in any
-.ried by jury. formcr aft? to tilc contrary notwith Handing.
juiestobe 2. A iid be it further enabled. That the faid mavor and aldermen mail have power
tinwn, unpin- j l • •
inmKnT' to draw anci lmPannel juries for the trial of all caufes, who fhall be refident within their
^i^otjunfdi£lion, and fhall be qualified, and liable to ferve on petit juries, to caufe them to
exceeding-ten be fummoned and to fine them for non-attendance, or other mifconduct, in fuch
manner as they may think proper, not exceeding ten dollars ; and fliall have power
to award executions for fuch fines, and caufe the goods of the perfon incurring fuch
fines to be fold in virtue thereof.
£ctyc"uncih?f 3* And to limit and define certain powers heretofore veiled in the corporation of the
AueuSta,nmi- city of Augufla,i?e it enacted by the authority aforefaid, That all monies to be hereafter
bflSyto- raifed by tax within the limits and jurifdiction of the corporation of the city of Augufta,
Imsandprol for the purpofe of improving and keeping in repair the public roads, flreets and bridges
within the fame, fhall be raifed by equal tax, to be impofed on perfons and property, that is
to fay, one half at leail by affeiTment on all taxable property within three miles of the
faid city of Augufta, and the remainder on all perfons heretofore liable by law to work
citation tax on the public roads within the faid limits. But no capitation tax fliall ever be afTef-
cecd on°e%"mr fed or levied on the inhabitants of the faid city under the authority of the faid corpo-
ration, other than for the purpofes herein expreffed, and in no cafe hereafter, fhall a
fum exceeding one dollar per year be levied on any free perfon within the faid limits-
"DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives,.
DAVID EMANUEL, P refident of the Senate.
AfTented to December 4, 1799.
'JAMES JACKSON, Governor.
An all for laying off a town, to be called Williamfburgh, upon the Little Saint Savilla
■Bluff, on the river Alatamaha, and for other purpofes therein mentioned.
cotmwfesfonew l. 13 E IT ENACTED by the Senate and Houfe of Reprefentatives in General Af-
kf/oufaMwn A3 ferably met, and by the authority of the fame, That William Williams, Farr
^nSburghin William:-, John William Lembert, William Cook and Rofwell King, be, and they
' are hereby appointed commiffioners to admeafure and lay out a town, to be called
Williamfburgh, upon the Little Saint Savifla Bluff, on the river Alatamaha, in the
county of Glynn, upon the lands of William and Farr Williams, under the reftric-
tions herein hereafter mentioned.
Lots to be laid 2. And be it further enabled, That the quantity of land thus to be laid out for the
out- faid town of Williamfburgh fhall not exceed one hundred and fifty, nor be lefs than
one hundred acres; and that the faid commiffioners, or a majority of them, fliall,
within nine months from the pa fling of this a£t, actually furvey, or caufe to be fur-
veyed and laid off, the faid town into fuch lots or parcels as to them may feem mo-ft
CORPORATIONS AND TOWN REGULATIONS, 14 1
conducive to the fpeedy fettlement, improvement and population thereof, and tranf- c!>rde<i£ the
mit a copy of the plan of the fame to the furveyor general, to be recorded in his w^T®^0!*!
office.
q. And he it further enacted, That in cafe of the death, refignation or 'refuM; of vacancies to be
any of the faid commifiioners to act, his excellency the governor (hall, and he is
hereby authorized and empowered to appoint fome other fit and proper perfon or
perfons in his or their room.
4. And whereas in and by an ordinance, entitled " An ordinance fecuring upon
certain conditions to Wade Hampton, efq. his heirs or affigns the exclufive right to
erect a bridge over the river Savannah at Augufta, and for other purpofes therein
mentioned," paffed at Augufta thefixthday of December, one thoufand kven hun-
dred and ninety, it was declared that the faid Wade Hampton and James Gunn, efqrs.
fliould be vefted with the right of erecting a bridge over the Great Ogechee river, at
or near the place called the Great Ogechee Ferry, in Chatham county, on condition
that the fame mould be built and erected within a certain time therein prefcribed, but
that the fame has not been erected, as the place fo propofed was under a leafe, which
is not yet expired.
Be it therefore enacted, That the time of Building and creeling; the faid bridge be Further time
J , o •_> o given Wade
prolonged until the firft day of December, one thoufand (even hundred and ninety- wamptonand
r O _ _ J J J James Gunn to
four, under the reftriftions of the aforefaid ordinance. overdGreatIpe
5. And be it further enacted by the authority aforefaid, That Jonathan Afhbury cimmu^rs
and William Moore, be appointed commifiioners for improving the navigation of^rwlthe
Brier Creek, in the room and ftead of Francis Farris and Alexander Carter, who BaJ<lcrwk°f
have neglefted to aft.
WILLIAM GIBBONS, Speaker of the Houfe of Reprefentatives.
BENJAMIN TALIAFERRO, Prefident of the Senate.
Concurred December 17th, 1792.
EDWARD TELFAIR, Governor.
An act to difpofe of the common of the town of Wafliington in the county of Wilkes.
WHEREAS by an aft entitled " An aft for laying out thereferved land in the PreamW«.
town of Augufta into acre lots, and the erefting an academy or fern i nary of
learning, and for other purpofes therein mentioned," paffed the thirty fir ft day of
Auguft, one thoufand feven hundred and eighty-three, among other things com-
mifiioners were appointed to lay off and difpofe of the lands or lots of the town of
Washington, in manner and form, as by the faid aft. particularly directed. And
whereas the faid commifiioners did in purfuance of the faid aft, difpofe of faid lots, and
take certain fteps towards building an academy, and did employ profefTors and teach-
ers for the inftruftion of youth in the faid academy, whereby confiderable fums arc
by the faid commifiioners, owing to individuals, which they in juftice and good faith
wim to pay. And whereas a certain quantity of faid land, or lots was by the
laid commifiioners referved as a common to the faid town of Wafliington, the
timber whereof is already confumed : nor is the faid common of any ufe to the lot hold- comm!««ione*»
' J of Wilkes aca-
ers in faid town. Be it therefore enacted by the Senate and Houfe of Reprefentatives in Ge- ^^0**0^
neral AJfembly met} and by the authority ofthefame9 That it fhall and may be lawful, and ofwLiS°n.
j4a CORPORATIONS.
is the duty of the commiffioners of the faid academy in the faid town of Wafhington,
they or their fucceflors in office, to admeafare, lay off, fell, and difpofeof the faid re-
ferveor common in the fame manner, the lots in the faid town of Washington were
difpofed of, by the above recited aft, excepting the improvements required by faid
aft, and the faid commiffioners. or their fucceflors, are hereby authorized to exe-
Anamake cute deeds, or titles to the faid lots in fee fimple, to the refpcftive purchafers in as full
proviso. and ample a manner as the ftate does, or can do; Provided, That no title fhall be made
to any lot by this aft to be fold, before good and fufficient fecurity be taken for the
purchafe money, and on failure of taking fuch fecurity the commiifioners executing
fuch titles, their heirs, executors or administrators, fhall be liable to any creditor for
the purchafe money with lawful interelt to be recovered for the ufe of faid academy.
WILLIAM GIBBONS, Speaker of the Houfe of Reprefentatives. '
BENJAMIN TALIAFERRO, Prefident of the Senate.
Concurred, December 14, 1793.
GEORGE MATHEWS, Governor.
CORPORATIONS.
An act for incorporating the Union Society in Savannah.
preamble. l.T^THEREAS William Stevens, prefident, Leonard Cecil, vice-prefident, David
VV Montaigut, fecretary, James Bullock and George B. Spencer, Stewards;
Mordecai Sheftall, Oliver Bowen, John Morell, Peter Deveaux, James Haberf-
ham, Jofeph Haberfham, Jofeph Clay, Frederick Herb, John Richards, Benjamin
Lloyd, James Fields, John Wauden, John Milledge, Samuel Stirk, Raymond De-
merie, and George Handley, have by their petition reprefented, that they are mem-
bers of the Union Society, in the town of Savannah in this ftate, and that the faid
fociety has eftablifhed a fund, which is increasing} for the relief of diftrefled widows,
and the fchooling and maintaining poor children, many of whom have, and others
are at prefent receiving affiftance from the faid fociety, and therefore pray to be in-
corporated. And as the allegations in the faid petition are verified : Therefore, for
inatov?nnahieir£ promoting and encouraging focieties founded on benevolent principles, Be it enacted
corporate*1, by the reprefentatives of the freemen of the fate of Georgia in General Affembly met,
and by the authority of the fame, That the feveral perfons above named, and others
■who now are, or fhall hereafter be members of the Union Society in Savannah, re-
fpeftively, and the fucceffors, officers and members of the fame, fhall be, and they
are hereby declared to be a body corporate, in deed and in name, by the name and
ftyle of " The Prefident and Vice- Prefident of the Union Society in Savannah;"
and by the faid name fhall have perpetual fucceffion of officers and members, and a
common feal to ufe, with power to make, alter, change and amend fuch bye-laws
and regulations as may be agreed on by the members of the faid fociety : Provided
fuch laws be not repugnant to the constitution and laws of this ftate; and that they
have privilege to fue for and recover all monies that now are or may be due the faid
Union Society, by any name, or in any manner of wife howfoever, and the rights
and privileges of the faid fociety in any court to defend and to receive, take and
apply all or any donations for the ufes intended by the faid fociety, and fhall and here-
CORPORATIONS. 143
by are declared to be veiled with all the privileges, powers and advantages, rights and
immunities of a fociety of people incorporated for the purpofes intended by their infti-
tution.
2. And be it further enabled. That this act fhall be deemed and taken as a public ad PBbh?*a-
to all intents and purpofes whatfoever.
WILLIAM GIBBONS, Speaker.
Augufia, Auguft 14, 1786,
An acl for incorporating the Anabaptijl Church on the Kioka, in the county of
Richmond.
1. T X 7TIEREAS a religious fociety has for many years pad been eftabliflied on Preamble;
V V the Kioka, in the county of Richmond, called and known by the name of
u The'Anabaptift Church on the Kioka:" And whereas it is neceffary, for the pro-
motion of religion and virtue, that churches or religious focieties be made capable
of holding, enjoying and defending any property which they may acquire by dona-
tions or otherwife: Beit therefore enabled by the Senate and Houfc of Reprefentatives of the
jlate of Georgia in General Affembly met, and it is hereby enacted by the authority of the
fame, That Abraham Marfhall, William Willingham, Edmund Cartledge, Johh'cfejvon.tiie
Landers, James Simms, Jofeph Ray and Lewis Gardner, and their fucceflbrs in of- »k« j. =»<[* »«-
flee, fhall be, and they are hereby declared to be a body corporate by the name and
ftyle of " The Truftees of the Anabaptift Church on the Kioka."
2. And be it further enabled by the authority aforefaid, That the faid Abraham Mar- Theirpowen.
fhall, William Willingham, Edmund Cartledge, John Landers, James Simms, Jo-
feph Ray and Lewis Gardner truftees as aforefaid, and their fucceflbrs in office, mall
be in veiled with all manner of property, both real and perfonal, all donations, gifts,
grants, hereditaments, privileges and immunities whatfoever, which may belong to
the faid church at the time of palling this acl, or which may hereafter be made, con-
veyed or transferred to them or to their fucceflbrs in office: To have and to hold the
fame for the proper ufe, benefit and behoof of the faid church; and alfo that the faid
truftees and their fucceflbrs in office fhall be, and they are hereby declared to be ca-
pable of fuing and being fued, impleading and being impleaded, and of ufing all ne-
ceffary legal fteps for recovering or defending any property whatever, which the faid
church may hold, claim or demand, and alfo for recovering the rents, ifTues and pro-
fits of the fame, or any part or parcel thereof.
3. And be it further enabled by the authority aforefaid) That the truftees of the faid to how their
Anabaptift Church, fhall hold their office for the term of three veavs; and on the third TOrstoe.
Saturday of November in every third year after the pafilnff of this acl, the fupporters third yearTy
r* t . 10 ■'Li. the members of
ofthegofpel in faid church, fhall convene at the meeting-boufe of faid church, and «»c church,
there between the hours often and four, elecl from among the fupporters of the gofpel
in faid church, feven difcreet perfons as truftees, who fhall hold their office for three
years as aforefaid, with the fame powers, and for the fame purpofes as above
declared,
SEABORN JONES, Speaker of the Houfe of Reprefentatives,
NATHAN BROWNSONj Pref dent of tht Senate.
EDWARD TELFAIR, Governor,
December 23d, 1789.
m CORPORATIONS.
An act to incorporate the Epif copal Church in Savannah, called Chrijl Church ; and the
Independent Congregational Church or meeting-Jioufe, at Midway in Liberty county ; and
to authorize the governor to grant charters of incorporation to other religious focieties.
Preamble,
i \7\ 7"^£REAS ^ 1S tieceflkry for the promotion of religion and virtue, that chur-*
V V ches or religious focieties, be made capable of holding, enjoying or defend-
ing, any property that they may have, or may acquire by gifts, grants or otherwife t
And as Chrift Church in Savannah, has long fince been eftablifhed ; and a religious
iociety at Midway * denominated "The Independent Congregational Society," have
likewife long fmce had a church or meetiug-houfe there : Be it therefore enabled by the
Senate and Hovfe of Reprefentatives of the face of 'Georgia in General Affembly met,
fyftfttfai That Leonard Cecil and John Haberfham, church wardens; and jofeph Clay, James
v'mnahhUfr- Molfman, James Haberfham, jofeph Kaberfliam, George Houitoun, William Ste-
rteiisandves- veilsJ Samuel Stirk, John Houftoun, George Badl Spencer, and George Jones, and
pSt«dfpJ l'ie'r h-icceffors In office, fhall be and they are hereby declared to be, a body •corpo-
rate, by the name and ftyle of" The church wardens and veftry men of the Epifcopal
Church in Savannah, called Chrift Church;"' and they the laid Leonard Cecil and
John Haberfham, church wardens ; and Jofeph Clay, James Moffmanj James Ha-
berfham, Jofeph Haberfham, George Houftoun, ■William Stephens, Samuel Stirk,
John Houftoun, George Bafil Spencer and George Jones, Veftry men as aforefaid,
*fheifp6wers- fhall be inverted with all manner of property, both real and perfonal, all monies due
or to grow due, donations, gifts, grants, hereditaments, privileges and immunities what-
ever, which may belong to the faid church, and all monies that have been granted for
rebuilding the faid church, or for building a new church; or which may hereafter be
given, granted-, conveyed or transferred for rebuilding the faid church, or for build-
ing anew church, in Savannah, or which may be made or transferred to them, or to
their fucceffors in office : To have and to hold the fame, for the proper ufe, benefit
and behoof of the faid church; and the • faid church wardens and veftry men, and
their fucceffors in office, fhall be, and they are hereby declared to be, capable of
fuing and being fued, and of ufing all neceffary legal fteps for recovering and defend-
ing any property whatever, which the faid ehurch may hold, claim or demand, and
is herein fecUred, or otherwife; and alfo with power to make all neceffary regulations
and rules, and to recover in their own name, or otherwife, as well the faid monies as
other property, with all rents, iffues and profits of the fame, or of any lands, mo-
nies or other eftate belonging thereto, or of any part thereof.
to be elected 2. And be it further enacted, That the faid church wardens and veftry men fb all
Slter-MoiXy, hold their offices until Eafter-Monday next; and on that day, and On every other Eaf-
SWof'the™" ter-Monday annually thereafter, the members and fupporters of the gofpel in faid
church fhall convene at the church aforefaid, and there, between the hours of ten
and two o'clock, eleel from among the members and Iupporters of the gofpel in
the faid church, two difefeet perfons as church wardens, and feven other difcreet per-
fons as veftry men for the faid church, who fhall be, and is, and are hereby declared to
be veiled with all neceffary powers to carry the purpofes intended by this aft fully in-
to effect .
... . 3. And be it further enacted by the authority aforefaid, That Samuel Sakus, Gide-
churchat1 on Dowfe, John Elliot, William Quartermaivand Peter Wynn, and their fucceffors
Midway i:icor- 'J ' 1 '^ i 1 -i 1 ■ i - 1 L
pora;ed-fdcct m office* fhall be, and they are hereby oeclared to be, a bodv corporate, by the name
men appoint- ! ' / / " / • 1 ■ r «»;J
$a- and ilyle of il The Selecl Men of the Congregational Church or meeting-houie at Mid-
way :"' and they the faid Samuel Saltus, Gideon Dowfe, John Elliot, William Quarter
CORPORATIONS. *45
man and Peter Wynn, fele&men as aforefaid, mall be inveiled with all manner of pro- The* powers;
perty, both real and perfonal; all monies due or to grow due, gifts, grants, heredita-
ments, privileges and immunities whatfoever, which may belong to the faid Independent
Congregational Church, meeting-houfe, or religious fociety under the faid denomina-
tion, together with all monies, that have been granted for rebuilding the faid church
or meeting-houfe, or for building a new church or meeting-houfe at Midway, or any
place in Liberty county aforefaid; or which may hereafter be made or transferred
to them the faid feleft men, or their fucceffors in office : To have and to hold
the fame for the proper ufe, benefit and behoof of the faid Independent Congregation-
al Church or meeting-houfe : And the faid felecl men, and their fucceffors in office,
Hi all be, and they are hereby declared to be capable of fuing and being fued, and of
ufing all neceffary legal fteps for recovering and defending any property whatever,
which the faid church or meeting-houfe may hold, claim or demand, and is hereby fe-
cured or otherwife ; and alfo with power to make all neceffary regulations, and to
recover in their own name or otherwife, as well the faid money as other property,
with all rents, iffues and profits of the fame, or of any lands, houfes, or other eftate
belonging thereto, or any part thereof.
4. And be it further enacted, That the faid fele£l men fhall hold their offices until Tote efc«cci
the fecond Wednefday in March next, and on that day, and every fecond Wcdnefday ^{^Jf^
in March annually thereafter, the members and fupporters of the gofpel in the faid "^rb/0 ^
church or meeting-houfe, fhall convene therein, and there, between the hours of ten*"'** -
and two o'clock elecl from among the members and fupporters of the gofpel in the
faid church or meeting-houfe, five fit and difcreet perfons as felecl men, who fhall be,
and is, and are hereby declared to be veiled with all neceffary powers, to carry the
purpofes intended by this acl fully into effeft.
5. And be it further enacted. That it fhall and may be lawful, to and for his excel- The gav«*»y
lency the governor, at any time or times hereafter, on application in writing, of any charters of &-
V • r • 11 • 1 ^ 1 r n ■ 01 1 corporations.
religious iociety, belonging to any church or place or worinip, now erected, or that rf£lom Mtl-
may be erected hereafter, to grant under his hand and the great feal of the ft ate, ufual
and cuftomary charters of incorporation, to fuch members of the faid churches or
places of worfhip, and to authorize fuch bodies corporate or politic, to fue and be
fued ; and to have and to hold all lands and tenements, monies and other goods and
chattels, that already belong to fuch religious focieties, or which may hereafter be
given, granted or bellowed, and the fame to have and receive to the proper ufe and
behoof of fuch churches or places of worfhip, in fuch manner as the members and
fupporters of fuch churches or places of worfhip, fhall point out in their application
for fuch charter, on the principles of this a£l, and with the fame privileges and advan-
tages as are granted, given and fecured to any church or religious fociety incorpora-
ted by this a&.
SEABORN JONES, Speaker of the Houfe of Rcprefentalivcs.
NATHAN BROWNSON, Prefident of the Senate.
EDWARD TELFAIR, Governor.
December 23d, 1789.
w
An aft, to incorporate the Savannah Affociation of Mechanics.
HERE AS William Lewden, prefident, David Mofes Vollaton, vice-preil-
dentj John Peter Lang, fecretary, Balthazer Shaffer, Thomas Palmer, John
T
146
CORPORATIONS.
Savannah Asso
ciation ofMc-
chanics iucur-
j stated.
Their powers.
Farther pow-
ers g-ven.
Herb, George Fames, Simon Connor, John Glafs, William Henry Spencer, Jo-
feph Roberts, Paul H. Wilkins, John Eppinger, Ezra Plummer, Peter Miller,
James Simpfon, John Armour, David Gugle, Daniel Gugle, John Trever, James
Shaw, Nathaniel Lewis, Michael Afper, Jofeph Dunlap, Gabriel Leaver, Elifha
Elon, John Cole, John Miller, James Clarke and Benjamin Bennet, have by their
petition reprefented, that they are mechanics of different trades, refiding in the city
of Savannah; that they are defirous of placing their various crafts on a more focial
and refpeftable footing than heretofore, and of eftablifhing, by their united exertions
and contributions, a lafting fund for the relief and fupport of fuch. of their unfor-
tunate brethren, or their families, as are or may become ohjetis of charity; and for
thofe purpofes have voluntarily united and formed themfelves into a fociety, under
the ftyle and name of " The Savannah Aflbciation of Mechanics." And in order
'to infure and eftablifh their faid inititution in a permanent and effectual manner, lb
that the charitable and beneficial objects thereof may be executed with fuccefs and
advantage, have prayed the legiflature to grant them an aft of incorporation :
1. Be it therefore enabled by the Senate and Houfe of Reprefentaiives of the fate of
Georgia in General Affembly met, and by the authority thereof, That the feveral per-
fons herein before named, and others' who are or may become members of the foci-
ety before mentioned, refpeftively, the officers and members thereof, and their fuc-
cclfors, ihall be, and they are hereby declared to be a body corporate, in name and
deed, by the ftyle and denomination of u The prefident and vice-prefident of the
Savannah Aflbciation of Mechanics;" and by the faid name and ftyle (hall have per-
petual fucceffion of officers and members, and a common leal to ufe, and fhall have
power and authority to make, alter, amend and change fuch bye-laws as may be
agreed on by the members of the fame: Provided fuch bye-laws be not repugnant to
the laws or conftitution of this ftate, or the United States, or to the laws and ordi-
nances of the city of Savannah aforefaid: And provided alfo, that the fociety ihall
not confift of more than feventy-five or lefs than twenty members, who Ihall all be
refidents of the faid city of Savannah, and citizens of the United States.
2. And be it further enabled by the authority aforefaid, That they Ihall have full
power and authority, under the ftyle and name of " The prefident and vice-prefident
of the Savannah Aflbciation of Mechanics," to fue for and recover all fuch fum or
firms of money as now are or may hereafter become due the faid fociety, by any
name or ftyle whatever, in any court of law or at any tribunal having jurisdiction
thereof, and the rights and privileges of the faid fociety, in any court or at any tribu-
nal whatever, to defend and alfo to receive, take and apply fuch bequefts or dona-
lions as may be made to and for the ufes and purpofes intended by the faid inftitution;
and fliall be and are hereby declared to be veiled with all the powers and advantages,
privileges and emoluments of an aflbciation or fociety of people incorporated, for
the purpofes and intentions of their faid aflbciation.
3. And be it further enabled, That this aft fhall be, and is hereby declared to be
deemed and considered a public aft, to all intents and purpofes whatever.
WILLIAM GIBBONS, Speaker of the Hoife of Reprefeniatives,
BENJAMIN TALIAFERRO, Prefident of the Senate.
GEORGE MATHEWS, Governor.
December i6: J 793.
CORPORATIONS. ti7
Ait act incorporating the Mechanical Society of ik& town of- Auguftu,
THERE AS William Longftrect, prefident, John Catletf, vice-preiideiir, Tho^ .,
* mas Bray, fecretary, Robert Crefwei!, treasurer, and Hugh Magee, William
Desrmond, Baxter Pool, John Cook, Jofeph Stiles, Angus Martin, John Stiles, Hi-
el Chatfield, Edward Primrofe. Conrad Livervnan and Iiaac Wingate, have by their
petition reprefented, that they are mechanics of different trades, refiding m the town bi>
Augufta, that they are defirous of placing their various crafts on a more focial foot-
ing than heretofore, and of eflablifhing by their united exertions and contributions,
a Jading fund for the relief and fupport of fuch of their unfortunate brethren, or their
families as are, or may 'become objefts of charity ; and for thofe purpofes have vo:
luntarily united and formed themfelves into a fociety, under the ftyle and name of
" The Augufta Affociation of Mechanics;" and in order to enfureand eftabiiflj theiy
faid inftitution in a permanent and eft'ettual manner, lb that the charitable and bene-
ficial obje6ts thereof may be executed with fuccefs and advantage, have prayed the le-
gislature to grant them an acl of incorporation.
1. Be it there/ore enacted by the Senate and Hoiife of Reprefcntatives of the fate of
Georgia in General Affembly met, and by the authority of the fame, That the fevera! cietVofAugu""
perfons herein before named, and others who are or may become members of the t=dlncorpora
fociety before mentioned refpedively, the officers and members thereof, and their fuc-
ceiT'ors, (hall be, and they are hereby declared to be a body corporate, in name and
in deed, by the ftyle and denomination of " The prefident and vice-prefident of the
Augufta Afibciation of Mechanics ;" and by the faid name and ftyle mall have per-
petual fucceffion of officers and members, and a common feal to ufe; and (hall haveT,,eirP°wer1'
full power to make, alter, amend and change fuch bye-laws as may be agreed on by
the members of the fame. Provided fuch bye-laws be not repugnant to the laws or
conftitution of this ftate, or the United States. And provided alfo, that the faid fo-
ciety fhall not confift of more than feventy-five, or lefs than twenty members, who
fhall be refidents of the faid town of Augufla, and citizens of the United States.
2. And be it further enacted by the authority aforefaid, That they fhall have full pow-
er and authority, under the (lyle and name of " The prefident and vice-prefident of «"iSnoth«
the Augufta A ffociation of Mechanics," to fue for and recover all fuch fum or fumsr°wei
of money, as now are or hereafter may become due to the faid fociety, by any name,
or ftyle whatever, at any court of law, or at any tribunal having jurifdiction thereof;
and the rights and privileges ofthe faid fociety in any court or at any tribunal whatever,
to defend, and alfo to receive, take, and apply bequefts or donations, as may be
made to and for the ufes and purpofes intended by the faid inftitution ; and fhall be, and
are hereby declared to be veiled with all the powers and advantages, privileges and
emoluments of an afibciation or fociety of people incorporated for the purpofes and
intentions of their faid afibciation.
3. And be it further enacted, That this aft fliall be, and is hereby declared to be^1*1*"
deemed and confidered a public act. to all intents and purpofes whatsoever.
THOMAS NAPIER, Speaker ofthe Houfe of Reprefentatives,
BENJAMIN TALIAFERRO, Prefident of the Senate,
GEORGE MATHEWS, Governor.
December 25, 1794.
An act incorporating the Grand Lodge of the fate of (Georgia. '
*. X 71 THEREAS William Stephens, grand mafter, James Jackfon, pad grand FreamWs,
V V mafter, William Stith, deputy grand mafter, James Box Young, fenior
148
CORPORATIONS.
■Grand Lodge
of Georgia in-
corporated.
Their powers.
Further pow-
ers.
Lodges, tinder
the jurisdiction
of the Grand
Lodge, incor-
porated.
rublVfc aa.
grand warden, Edward Lloyd and Balthazer Shaffer, pad grand wardens, Ulrieh
Tobler, jun. grand warden, George Jones, paft grand treasurer, James Robert Ton,
grand treafurer, David Bridie Mitchell, pad grand fecretary, and John Blackftock,
grand Iecretary, of the Grand Lodge of free mafons in this ftate, have by their peti-
tion Mated, that there has exifted, and ftill exifts in this ftate, divers lodges or focieties
of free mafons on an ancient eftablifhment, fince the year one thoufand feven hun-
dred and thirty-five, over which there is a prefiding or fuperintending Grand Lodge,
compofed of the petitioners as members, and divers others who are' or may join in
promoting the good of the craft, founded on the ancient ufages of their fociety, the
principles of which is charity and univerfal benevolence ; to the end therefore that
charitable inftitutions may be promoted, and particularly a fociety that has exifted
time immemorial, may be fecured in their rights and privileges,
1. Be it therefore enabled by the Senate and Hoiife of Representatives of the [late of
Georgia in General AJfembly met, and by the authority of the fame, That the feveral
perfons herein before named, and others who are or may become members of the
Grand Lodge, and their fucceffors, fhall be, and they are hereby deemed to be a
body corporate and politic, in name and deed, by the ftyle of " The Grand Lodge
of Georgia:" and by the faid name and ftyle mail have perpetual fucceflion of ofH-
cers and members, and a common feal to ufe; and fhall have full power to make,
alter, amend and change fuch bye-laws as may be agreed on by the members of the
fame: Provided fuch bye-laws be not repugnant to the laws or conftitution of this
ftate or the- United States.
2. And be it further enacted by the authority- aforefaid, That they fhall have full
power and authority, under the ftyle and name of " The Grand Lodge of Georgia,"
to take, hold and enjoy real and perfonal property, to fue for and recover all fuch
("urn or fums of money as now are or hereafter may become due to the faid lodge, by
anv name or ftyle whatever, at any court of law, or at any tribunal having jurisdic-
tion thereof, and the rights and privileges of the faid lodge, in any court or at any
tribunal whatever, to defend, and alfo to receive, take and apply bequefts or dona-
tions as may be made to and for the ufes and purpofes intended by the faid inftkution;
and fhall be, and are hereby declared to be veiled with all the powers and advanta-
ges, privileges and emoluments of a fociety of people incorporated to the purpofe
and intentions of their laudable inftkution.
3. And be it further enabled, That all regular constituted lodges under the power
and jurifdiftion of the faid Grand Lodge, are hereby declared to be bodies corpo-
rate and politic m name and deed, by whatever ftyle or name they may be called
and known in their conftitution, with equal powers to thofe which are hereby given
to the faid Grand Lodge, fo long as the faid lodges remain under the power and juv
rifdiftion of the faid Grand Lodge, and in aH things abide by and conform them-
felves to the refolutions and bye-laws of the fame, and no longer.
4. And be itfirther enabled, That this aft fhall be, and is hereby declared to be
deemed and considered a public aft to all intents and purpofes whatever.
THOMAS NAPIER, Speaker of the Houfe of Reprefentatives,
BENJAMIN TALIAFERRO, Prefident of the Senate.
Concurred February 6, 1796.
JARED IRWIN, Gevixnor.
Midway and
Libra-
CORPORATIONS. 149
An act for incorporating the Midway and Newport Library Society of Liberty county.
1. T^THEREAS a library fociety has for many years pad been eftablifhed
V V Liberty county, and known by the name of " The Midway and Newport
Library Society:" Be it therefore enacted by the Senate and Houfe of Reprefentatives
of the fate of Georgia in General Affembly met, and it is hereby enacted by the authority Newport _
of the fame. That Thomas Stevens, Peter Winn and Tames M4CuIlough, and their fuc- eorporated!
J J " 111111 ii 1 rustees ap-
celfors in office, ihall be, and they are hereby declared to be, a body corporate, by pointed,
the name and ftyle of "The Midway and Newport Library Society."
2. And be it further enabled by the authority af ore faid, That the faid Thomas Ste- Tberr power?.-
vens, Peter Winn and James M'Cullough, as aforefaid, and their fucceffors in office,
fhall be inverted with all manner of property, both real and perfonal, all dona-
tions, gifts, grants, hereditaments, privileges and immunities whatfoever, which may
belong to the faid Midway and Newport Library Society at the time of pairing this
aft, or which may hereafter be made, conveyed or transferred to them, or their fuc-
ceffors in office, to have and to hold the fame for the proper ufe, benefit and behoof
of the faid fociety.
And alfo, That the faid truflees and their fucceffors in office, fhall be, and they are rurther powew
hereby declared to be capable of fuing and being fued, impleading and being implead- glven"
ed, and of ufing all necefikry and legal fteps for recovering or defending any property
whatever, which the laid fociety may hold, claim or demand, and alfo for recovering
the rents, iffues, fines and profits of the fame, or any part or parcel thereof.
3. And be it further enacted by the authority aforefaid. That the truflees of the faid lToVd'thd/office
Midway and Newport Library Society Ihall hold their office for the term of one year, beeefourd"an-
and that on the furl Wednefday of March in every year after the paffing of this aft, aS w'ednVf-
the members of the faid fociety, fhall convene at the place that may be appointed by b^themem-1'
the trultees aforefaid, or their fucceffors in office, and there, between the hours of ten c[^r-
and four, elect from among the members of the faid fociety, three difcreet and proper
perfons as truflees of the fame, and choofe on the fame day all neceffary officers for the
laid fociety, who ihall hold their office for the term of one year as aforefaid, with the
fame powers and for the fame purpofes as above declared.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
ROBERT WALTON, Prefident of the Senate.
Affented to, February 7, 1799.
JAMES JACKSON, Governor.
An act to incorporate the Union Library Society of Greene county.
"HEREAS a library fociety has for a confiderable time been eftablifhed in Preamble;
faid county, known by the name of " The Union Library Society:"
Be it therefore enacted by the Senate and Houfe of Reprefentatives of the (late of Georgia
r^ 1 a rr 7 7 7 • • 7 7 -» 7 ; 7 r «■ J •* ° Union Library
in General AJJembty met, and it is hereoy enalted by the authority of the fame. That q^SL count
Robert Grier, Samuel Harper and Thomas Baldwin, are appointed, and their fuc- &£KSE£*^
ceffors in office, fhall be, and they are hereby declared to be a body corporate, by pointtd-
the name and ftyle of " The Union Library Society."
2. And be it further enacted by the authority aforefaid, That the faid Robert Grier, Th .
Samuel Harper and Thomas Baldwin, as aforefaid, and their fucceffors in office,
fhall be inverted with all manner of property, both real and perfonal, all donations,
gifts, grants, hereditaments, privileges and immunities whatfoever, which may be-
long to the faid Union Library Society at the time of paffing this aft5 or which may
i^ COTTON.
hereafter be made, conveyed or transferred to them or their faccciTors in oirice: To
have and to hold the fame for the proper ufe, benefit, and behoof of the faid fociety :
and alfo that the faid truftees, and their fncceflbrs in office, mail be, and they are
hereby declared to be capable of filing and being fued, impleading and being implead-
ed, andufmgall ncceflary and legal lieps for recovering or defending any property
whatever which the faid fociety may claim or demand; and alio for receiving the
rent;;, iiTues, fines and profits of the fame, or any part or parcel thereof,
trustees i-o i>e 3. And be it further enabled by the authority a for ef aid. That the truftees of the faid
lyoiithes*. • Union Library Society fhall hold their office for the term of one year; and that on the
ema Friday in ,- ._,:,'. J r , „ , . , , i 1 1 1 t r
gveryyearhy lecond r nday in every year alter one thouland eie;ht hundred and one, themembers of
the faid fociety, or a majority thereof, fhail convene at the place that may be appoint-
ed by the truftees aforefkid, or their fucccfTors in office, and there, between the hours
of ten and four o'clock, eleel; from among the members of faid fociety, three difcreet
and proper perfons as truftees of the fame; and choofe. on the fame day all neceflary
officers for the faid fociety, who (hall hold their office for the term of one year as
aforefaid, with the fame powers and for the faid purpofes as above declared.
DAVID MERIWETHER, Speaker of the Houfe of Reprcfentativcs,
DAVID EMANUEL, Prefident of the Senate.
A (Tented to December id, 1800.
JAMES JACKSON, Governor,
COTTON.
An act to repeal an ab~i, entitled " An at~i for the infpeblion of cotton"
'HEREAS an a£t parted on the twehty-firft day of February, in the year of
our Lord one thoufand feven hundred and ninety-fix, entitled " An aQ for
the infpeclion of cotton," has been found in its operation not competent to the ob-
jects propofed, by no means beneficial to the intereft of the ftate, and an unneceffary
burthen on the planters of that article:
Ad for die in- fee it enabled by the Senate and Houfe of Reprefeniatives of the fate of Georgia in
ton, repealed. General Affembly met, and by the authority of the fame, That the before recited acl be,
and the fa-me is hereby repealed*
DAVID MERIWETHER, Speaker of the Houfe of Reprefentaiives,
DAVID EMANUEL, President of the Senate.
Concurred January 24, 1797;
JARED IRWIN, Governor.
COUNTIES, COURT-HOUSES AND JAILS.
An act, for c'onfiluting and dividing the fever dl difribls and divifibrts of this province
into pariflies, and for efablifliing religious worfhip therein, according to the rites
and ceremonies of the church of England ; and alfofor empowering the church war-
dens and veflry men of the refpeblive pariflies, to affefs rates for the repair of church-
es, the relief of the poor, and other pdrochial fervices.
lSlonridies J> T^E IT ENACTED, That the feveral diftricls and divifions of the faid prov-
JLj ince fhall, from and after the feventeenth day of March, one thoufand feven
COUNTIES, COURT-HOUSES AND JAILS. 131
hundred and fifty-eight, be divided and conftituted into eight parifnes, that is to fay,
the town and diftrift of Savannah, extending up the river Savannah, including the
iflands therein, as far as the foutheaft boundary of Gofhen, from thence in a fouth-
weft 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 iflands to the mouth of the ri-
ver Great Ogechee, and all the fettlements on the north fide the faid river to the wef-
tern boundaries thereof, fhall be and forever continue a parifh, by the name of 4iThepa-
ifh of Chrilt Church ■" the diftrift of Abercorn and Gofhen, and the di ft rift of Ebenezer, chrin church.
extending from the northweft boundaries of the parifh of Chrilt Church up the river
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 parifti by the name of
" The parifh of St. Matthew:" the diftrift of Halifax, extending from the north- st Matthew,
well boundaries of the parifh of St. Matthew up the river Savannah, from the
mouth of Mackbeen's Swamp to the head thereof, and from thence to the head of
Lambol's Creek, to the river Great Ogechee, fhall be and forever continue a parifh,
by the name of " The parifh of St. George:" the diftrift of Augufta, extending st GcorgCi
from the northweft boundary of the parifh of St. George, and fouthweft as far as
the river Ogechee, and northweft up the river Savannah, as far as Broad River, fhall
be and forever continue a parifh by the name of " The parifh of St. Paul :" the town sti PiiU!
of Hardwick and diftrift of Ogechee, on the fouth fide of the river Great Ogechee,
extending northweft up the faid river as far as the Lower-Indian trading-path, leading
from Mount Pleafant, and fouth ward from the town of Hardwick as far as the fwarnp
of James Dunham, including the fettlements on the north fide of the north branches
of the river Midway, with the iflands of Olfabaw, and from the head of the faid
Dunham's Swamp in a northweft line, fhall be and forever continue a parifh, by the
name of " The parifh of St. Philip:" from Sunbury in the diftrift of Midway and St. Phii:p.
Newport from the fouthern bounds of the parifh of St. Philip, extending fouthward
as far as the north line of Samuel Haftings, and from thence foutheaft to the fouth
branch of Newport, including the iflands of St. Katharine and Bermuda, and from
the north line of the faid Samuel Haftings northweft, fhall be and forever continue a
parifh by the name of " The parifh of St. John :" the town and diftrift of Darien, st. John.
extending from the fouth boundary of the parifh of St. John to the river Alatamaha,
including the iflands of Sapelo and Eaftwood, and the fea iflands to the north of Egg
Ifland, northweft up the river Alatamaha to the forks of the faid river, fnall be and
forever continue a parifh by the name of " The parifh of St. Andrew :" and the town ^lTCVI.
and diftrift of Frederica, including the iflands of Gre.it and Little St. Simons, and
the adjacent iflands fhall be and forever continue a parifh, by the name of " The pa- st. j«mes.
rifh of St. James."
2. And be it further enacted, That from and after the faid feventeenth day of March,
one thoufand kvtn hundred and fifty-eight, the church already erefted in the town
of Savannah, and the ground as now ufed for a cemetery or burial place thereto,
(hall be the parifh church and cemetery of Chrift Church.
3. Annulled by the conftitution of this ftate and of the United States.
4. And be it further enabled, That from and after the faid feventeenth day of
March, one thoufand feven hundred and fifty-eight, the church erefted in the town
of Augufta, with the cemetery or burial pb.ee thereto belonging, fhall be the parifh
church and burial place of St. Paul.
15a
COUNTIES, COURT-HOUSES AND JAILS.
The remainder of this feclion, and from thence to the end of the aft, is repealed
by the conftitution of this ftate. See feci. 10, of 4th article.
By order of the Houfe,
DAVID MONTAIGUT, Speaker.
By order of the Upper Houfe,
PATRICK HOUSTOUN.
In Council Chamber, 15th day of March, 1758.
Affented to.
HENRY ELLIS.
Preamble.
Laws of the
territory.
Said territory
divided into
parishes.
$t, David.
%t. Piitrtck.
St, Thomas.
St. M»rr-
A11 act to extend and enforce the authority of the fever al laws therein mentioned, to and
throughout the territory lately annexed to this province ; for dividing the fame into
pariflies, and for adding the if land of Jekylto the parifJi of St. James.
1. ~\\ J HERE AS hismajefty by his proclamation of the feventh of Oclober,
in the
year of our Lord onethoufand feven hundred and fixty-three, and alfo by
his late royal commiffion to his excellency the governor, bearing date the twentieth
day of January, one thoufand feven hundred and fixty-four, was gracioufly pleafed
to annex to this province all that fpace or tracl of land lying and fituate between the
river Alatamaha, and the fouthernmoft ftream of the river St. Mary : And whereas
difputes and difficulties may arife touching the prefent validity of the laws of this pro-
vince within the faid annexed territory : Be it enacted, That from and after the pairing
of this acl, all the laws herein after mentioned and particularized, (many of which be-
ing obfolete, and others fince acled on by the legiflature, it is deemed unneceflary to re-
cite them) fliall extend to, and be in as full force, power and effeel, in, over and
throughout the lands lying and being between thefouth fide of the river Alatamaha, and
the moil fouthern ftream of the river St. Mary, including all iflands within twenty
leagues of the coaft, to all intents, conftruclions and purpofes whatsoever, as if the faid
annexed territory had been a part of this province at the time of making and palling
the fame ; any thing to the contrary in any wife notwithftanding.
2. And -whereas it may be necelTary for the convenience of the inhabitants that the
lands aforefaid fhould be divided into parifhes : Be it further enabled by the authority
afcrefaid, That all that fpace or tracl of land, lying and being between the river Alata-
maha, and the north branch of Turtle River, and from the head of the faid laft men-
tioned river in a northweft line, (hall be and forever continue a parifh by the name of
" The parifh of St. David ;" and from the north branch of Turtle River to the fouthern
branch of the river Little Sattilla, and from the head of the faid river Little Sattilla, in a
northweft line fhall be and forever continue a parifh by the name of " The parifh of St.
Patrick ;" and from the fouthern branch of the river Little Sattilla, to the fouthern branch
of the river Great Sattilla, fliall be and forever continue a parifh by the name of " The
parifh of St. Thomas y and from the fouthern branch of the river Great Sattilla to the
fouthern branch of the river St. Mary, and from the head of the faid river St. Ma-,
ry in a due weft line, including all the iflands within the faid boundary, fhall be and
forever continue a parifh. by the name of « The parifh of St, Mary."
COUNTIES, COURT-HOUSES AND JAILS. 153
3. And be it further enacted by the authority afore/aid, That the ifland of Jekyl added Iston4
mail from henceforth be and forever continue a part of the parifh of St. James. st' JamcSl'
ALEXANDER WYLLY," Speaker.
JAMES HABERSHAM, PrcfidenL
March 25, 1765.
JAMES WRIGHT.
An act for fixing and ejlahlifliing court-houfes and jails, and the fixing and regulating
elections in the different counties of thhflate.
1. "Xjt THEREAS no law has yet been paffed for the building and ere8ing court- preaffll,lc-
VV houfes and jails, and for the fixing and eftablifhing places for holding elec-
tions in the different counties of this ftate, and it being now neceffary for palling of
an aci to that purpofe: And whereas doubts have arifen concerning the time of open-
ing and clofing the polls of the refpe6tive ele&ions : Be it therefore enacted by the free-
men of the fi ate of Georgia in General Affembly met, and it is hereby enacted by the
authority of the fame, That fiom and immediately after the paffing this a6f, the court- J^f/X''
houfes and jails for the different counties (hall be erected at the places hereafter men-K^ftoh^!^
tioned, which fhall be refpecled as the fixed and eftabliflied places for holding elec- elcai01is'
tions in the fame, that is to fay, the court-houfe and jail fhall be erected, and the elec-
tions held in and for the county of Chatham, in the town of Savannah; the court-
houfe and jail (hall be ere&ed, and the elections held in and for the county of Liberty,
at Sunbury;* the court-houfe and jail fhall be ere£ied, and the eleftions held in and
for the county of Effingham, at Tuckafee Kings ;t the court-houfe and jail fhall be
erecled, and the elections held in and for the county of Burke, in the town of Waynef-
borough ; the court-houfe and jail fhall be.erected, and the elections held in and for
the coun-.y of Richmond, at the place where the road cioffes the Little Kioka Creek,^
leading to the meeting-houfe, and that the fuperior courts be held at Augufla till a
jail and court-houfe are built, and that ele&ions be held at the place fixed on ; the
court-houfe and jail fhall be erected, and the ele&ions held in and for the county of
Wilkes^ in the town of Wafhington.
2 an« 3 Regulates ele&ions, repealed by a6l of 1799.
4 and 5 Point out the qualifications of reprefentatives, &c. See the constitution.
JAMES HABERSHAM, Speaker.
Savannahj February 26, 1784.
**«#*«#«
An act for annexing certain iflands to the county of Glynn.
1. "O E IT ENACTED by the Senate and Houfe of Reprefentatives of the (late of ctxu\«i<\m&»
■ "^^k - • m s~w- ■» J */ ■*■ J %J \J >J annexed tQ tttc
Georgia in General Affembly met, That all the iflands on the fouth fide of the g>j>nty °f
* Removed to Riceborougtt by act of 1797.
•J- Removed to Springfield. Vide aft of 1797} and a& of 1799.
% Held at Augufla. See ad of 1790.
154 COUNTIES^ COURT-HOUSES AND JAILS.
Alatamaha to the river Little Sattilla and St. Andrew's Sound, together with Great and
Little St. Simons, Long Uland and the Hunting Iflands, be, and the fame are hereby
annexed to and declared to be a part of the county of Glynn.
SEABORN JONES, Speaker of 'the Houfe of Reprefentatives.
NATHAN BROWNSON, Prefident of the Senate,
EDWARD TELFAIR, Governor.
December 20, 1789.
i?reaj»ble.
Court- house
andjail to he
erected at
Bn;mwkk,
Court-house
and jail to be
In Greens-
borough,
An act for fixing on proper places in the counties of Effingham, Glynn and Camden,
for erecting jails and court-houfes, and for eflablijhing fuperior courts in the counties
of Franklin and Greene.
1.
HEREAS the rapid increafe of population in the counties of Glynn and
Camden, and their frontier fituation require the inoft pointed attention of
the legiilalure, that an equal distribution of juftice may take place in the laid counties,
in common with the other counties in this Itate : Be it therefore enabled by the repre-
fentatives of the freemen of the flat e of Georgia in General Affembly met, and by the
authority of the fame ; That from and after the paffing of this aft, a court-houfe and
jail fhall be erected, and the elections held in and for the county of Glynn at the town
of Brunfwick. The red of this fettion relates to Camden, repealed by act of 179a
and act of 1800.
2. And whereas no provifion hath hitherto been made by law for building a court-
houfe and jail in the county of Greene, nor any time appointed for holding the fupe-
rior courts in the faid county ; for remedy whereof, Be it enacted by the authority afore-
faid, That a court-houfe and jail fhall be erected, and the elections held in and for
the county of Greene at the town of Grecnfborough,and, that the fuperior courts (hall
beheld at Greenfborough on the next Tuefday after that of Wafhington.
3. Relates to the court-houfe, jail and elections in Effingham — repealed by a£t of
a799- .
4. Appoints commiffioners of court-houfes and jails for faid counties repealed by
act of 1796, which constitutes the inferior courts commiffioners.
5. Appoints a temporary place for holding courts, and the time when the courts
fhall commence repealed.
6. And be it further enabled, That the commiffioners of each county, or a majority
of them, fhall have full power at any time of their meeting for the purpofe above
mentioned, to proceed on the bufinefs fpecified by this a6t.
WILLIAM GIBBONS, Speaker.
Augufta, February 10, 1787.
An atl to appropriate the vacant lots in the town of E bene z erf or the purpofe s of ere cl-
ing a court-houfe and jail, and for the fupport of an academy in the faid town, and to
appoint commiffioners for the fame.
BE IT ENACTED by the Senate and Houfe of Reprefentatives of the flats of Geor-
gia in General Affembly met, and by the authority thereof, That Jeremiah Cuyler,
John G. Niedliager, Jonathan Rawhn, Elias Hodges, and John Martin Dafher,
COUNTIES, COURT-HOftSES ANtJ JAILS, i§5
Si all be, and they are hereby appointed commiffioners for the town and common of
Ebenezer, in the county of Effingham ; and the faid commiffioners or a majority of
them mall have full power and authority (after having given three months public no-
tice thereof in the gazette of Savannah, and at three or more public places in the
county aforefaid) to furvey, or caufe to be furveyed and laid out, the faid town of
Ebenezer, as nearly as poffible in conformity to the original plan thereof; which iur- ptanefiiuj
, . i »■! T • 1 town to he rtf-"
vey (hall be recorded in the furveyor's office of the faid countv, and kkewiic m the«»«ied;n?ut-
J J / 7 veyor general *
furveyor general's office. 0(hcc
2. And be it further enacted, That the faid commiffioners or a majority of them,Maysc,tccr.
(hall have full power and authority to fell at public vendue to the higheft bidder, at"1*10"
fuch time or times, place or places, as they mav direft, all or any of the lots in the
faid town which are vacant, or have by any other manner become veiled in the ftatc
(except fuch as have been referved or as the comiffioners may think proper to referve)
for public or county ufes ; Provided, That the fa id commiffioners fhall firft give thir-
ty days public notice of fuch fale or fales in the Georgia Gazette, and in three or
more public places in the faid county ; and the monies ariling from the fale of fuch lots, Fortheiiseof
fhall be applied to the building a court-houfe and jail in the faid county of Effingham ; andjaua^ida-
and if a balance ffiould remain, it fhall be applied to the fupport. of an academy with-0"
in the faid county, under the direction of the commiffioners of the academy in faid
county. And the commiffioners herein before named, are required to pay over to the
commiffioners of the academy whatever balance may remain m their hands after buil-
ding the court-houfe and jail as aforefaid.
3. And be it further enabled, That the commiffioners appointed by this law fhall, ""£1^"*'
within three months after each fale, make return to the treafury of the number of lots trcasury-
fold, and the prices of each, and fhall make yearly returns to the treafurer of the
monies expended by them about the buildings aforementioned,
4. And be it Further enabled. That the commiffioners herein before appointed fhall, , , . ,
^ J . ' ' .'■'"',<• And eire Son*
before they enter on the duties of their appointment, give bond with fecurity to theandsecuri,:*-
juflices of the inferior court of the faid county, in the fum of thirty pounds each;
and fhall likewife take and fubferibe the following oath, to wit, " I, A. B. do folemnly 0at*'
fwear (or affirm, as the cafe may be.) that I will faithfully difcharge the trufl repofed
in me, to the bell of my abilities and underflanding. So help me God."; — See the
next aft. **,,
THOMAS STEVENS, Speaker of the Houfe of Reprefentatives,
BENJAMIN TALIAFERRO, Prefi dent of 'the Senate,
Concurred February 18, 1796. -
JARED IRWIN, Governor,
An act to eftdblifh the permanent feat of the court-houfe and, jail in the county of
Effingham*
i. "X "\ 7HEREAS it appears that the true intent and meaning of the aft, entitled pre*mb>'
* V ■" An aft to veil powers in the commiffioners for the county of Effingham
to fix on a place for building a court-houfe," paffed at Augufta in January, one thoU-
fand feven hundred and ninety-five, was to remedy the evils and inconveniencies of
holding the courts of the faid county at an extreme corner thereof, by fixing on a
place mo'ft convenient to the inhabitants : for remedy whereof Be it enabled by the
Senate and Houfe of Reprefentatives of theflatc of Georgia in General Affembly met}
fci the interim.
156 COUNTIES, COURT-HOUSES AND JAILS.
"°S^r'and hythe authority °f the fam*, That David Hall, Jofhua Leper, Samuel Ryals,
Lurt-hwse0 Godhelf Smith and Drurius Garrifon, be and they are hereby appointed commiflion*
ers, with full and ample powers to point out and fix upon themoft fuitable and con-
venient place at or near, that is to fay, within five miles pf the centre of the coun-
ty, for erefting a court-houfe and jail thereon; and. fuch place to be agreed on by
them, or a majority of them, mail, and the fame is hereby declared to be the per-
manent feat of the court-houfe and jail of the faid county of Effingham.
^'obe°hdd 2m And be it further enabled, That from and immediately after the expiration of the
time appointed for holding the next term of the fuperior and inferior courts in and
for the faid county of Effingham, the fame fhall be held at the plantation and houfe
of James Wilfon, the fame being at prefent the molt fuitable place near the centre
of the faid county, until a permanent place be fixed on, and a court-houfe and jail
fhall be erefted in purfuance of this aft, any thing contained in or done in virtue of
the before recited aft: to the contrary hereof notwithstanding, which faid aft is here-
by repealed.*
DAVID MERIWETHER, Speaker of the Houfe of ' Reprefenlatives.
DAVID EMANUEL, Prefident of the Senate.
Concurred February 10, 1797.
JARED IRWIN, Governor.
* See a& of 1799.
An act to appoint commiffioners for the town of Hardwick, and to appoint commiffioners
for the county of Wafhington, tofx on a proper place for the court-houfe and jail for
the faid county, and for building the fame.
1. T> E IT ENACTED by the Senate and Houfe of Reprefentatives of the fate of
.U Georgia m General Affembly met, and by the authority of the fame, That John
Wereat, Robert Holmes, James M'Gillivray, William Clark, Simmons Maxwell,
Thomas Collier and Jofeph Stiles, fhall be, and they are hereby appointed commif-
fioners for the town and commons of Hardwick, on the river Ogechee; and that the
faid commiffioners, or a majority of them, fhall have full power and authority, after
giving three months notice in the Georgia Gazette, to furvey, or caufe to be furvey-
ed and laid out, the faid town of Hardwick, after the fame manner and as nearly as
TianreoCf°sra1dhe poffible in conformity to the original furvey or plan thereof; which furvey fhall be
comtynsuhiW recorded in the furveyor's office of the county, and likewife in the office of the fur-
^gen^vey or general.
Ma"sdiai!va- 2. And be 'it further enabled by the authority aforejaid, That the faid commiflion-
ioK«.OC3insaiders or a majority of them, fhall have full power and authority, to fell at public ven-
due, to the higheft bidder, at fuch time or times, place or places, as they may think
beft, all or any of the lots in the faid town, which are vacant, or have by any other
means become vefted in this ftate, except fuch as have been referved, or which the faid
commiffioners may think proper to referve for public ufe ; of which fale or fales, the
faid commiffioners fhall give fix weeks public notice in the Georgia Gazette, and the
MriantedanTtiw monies arifing therefrom fhall be applied, under the direftion of the faid commifhon-
tiseofthe ers to erefting a court-houfe and jail ; and if a balance fhould remain, it fhall be ap-
court-house & ' o J * f i
jausmdacade- pjje(j towards building an academy in the faid town5 the faid commiffioners to make a
Commission-
er*. ,
COUNTIES, COURT-HOUSES AND JAILS. 157
return to the treafurer, within three months after the fale, of the number of lots fold,
and the prices of each ; and fliall make yearly returns to the treafurer, of the monies
expended by them, about the buildings above mentioned.
3. And be it further enacted by the authority aforefaid, That John Watts, John commoners
Stokes, Owen Fort, Solomon Bechum and John Marcus, are hereby appointed com- Sayllinston
miffioners for building and fixing on a proper place, as nearly central as may be con-
venient, for the court-houfe and jail in Wafhington, and the juftices of the inferior
court of the faid county are authorized and empowered to raife by tax,* to be by
them levied, a fum not exceeding two hundred and fifty pounds, to be applied in pay-
ment for fuch public buildings.
WILLIAM GIBBONS, Speaker of the Houfe of Reprefentatives.
BENJAMIN TALIAFERRO, Prefident of the Senate.
GEORGE MATHEWS, Governor.
December 19, 1793.
* See ac~t of 1 796, authorizing inferior courts to levy county tax.
An act to efablifli a town on North Newport River, in the county of Liberty, for alter-
ing the place for holding the courts and elections within the faid county, and for ap-
pointing commiffioners to erect a court-houfe and jail.
WHEREAS it has been found that the town of Sunbury, the prefent feat of preamble,
juftice for the county of Liberty, is inconveniently fituated for conducting the
public bufinefs of the faid county: And whereas, agreeable to a refolve of the laft
General AfTembly, authorizing and requiring the juftices of the inferior court of the
faid county to call a meeting of the inhabitants to take their fenfe by ballot, for fixing
on a permanent fpot for the feat of juftice in the faid county, and where the court-
houfe and jail fhall be built, fo as to render the fame more convenient for the majority
of the inhabitants, it has been determined by a large majority of the citizens of the
faid county, that the town at North Newport bridge is the moft eligible place for the
feat of juftice : And whereas Matthew M'Allifter, efq. has offered to convey a piece
of ground, containing two hundred and thirty feet in length, and one hundred and
fifty feet in width, fituate near the faid bridge, agreeable to a plan of a town called
Riceborough, hereunto annexed, and in fee fimple, without any price or confidera-
tion, other than a wifh and defire to promote and encourage the faid town, and his
regard for the inhabitants thereof:
1, Be it therefore enacted by the Senate and Houfe of Reprefentatives of the fate of commissioner*
Georgia in General Affembly met, That Thomas Stevens, Daniel Stewart, Peter s°,!are0in r;c&.
Wynn, Joel Walker, and Henry Wood, be, and they are hereby appointed commif- coS.ou°etll<:
fioners to fee that the fquare as reprefented in the faid plan, be accurately admeafuredan ,ai'
and laid out, in conformity to the plan of the faid town, to be called Riceborough,
and to receive good and fufficient titles in fee fimple for the faid public fquare, contain-
ing two hundred and thirty feet north andfouth, and one hundred and fifty feet eaft
and weft, or as nearly fo as the public road will permit, and alfo the ftreets and lanes
of the faid town, as delineated in the faid plan, for the purpofe and ufe of a court-
houfe and jail, in the faid county of Liberty.
2. And be it further enacted by the authority afore faid, That Thomas Stevens, Dan- Andsupedn-
** % ■%•* tend the bui'ti-*
iel Stewartj Peter Wynn, Joel Walker, and Henry Wood5 be, and they are hereby inss-
15^ COUNTIES, COURT-HOUSES AND JAILS.
appointed commiffioners for erecting and keeping in repair a court houfe and jail,
within the faid fquare ; and that in cafe of the death, resignation, or refufal of any of
the faid commiffioners, his excellency the governor is hereby authorized and empow-
ered to appoint fome other perfon or perfons to aclin his or their room,
douftsand.e- a. And be it further enacted. That after the paffino; of this act, the courts and elec-
borounhRicc* tlons neret°f°re nekl, and all other public bulinefs heretofore tfanfafted at the faid
town of Sunbury, fliall be held and tranfaBed at the faid town of Riceborough, and
the feveral offices of faid county, be thereto removed, any law to the contrary not-
withstanding.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentalme^.
DAVID EMANUEL, Prejidait of the Senate,
Concurred, Febuary u, 1797.
JARED IRWIN, Governor.
An aft for laying out a town in the county of Effinghfyi, and authorizing the commifjwu
ers of the court-houfe and jail to make fate oj the lots and appropriate the amount
thereof and to difpofe of the former court-houfe in Ebenezer.
twambb. 1.T7T7HEREAS David Hall, jofhua Lopef, Samuel Ryals, Godhelf Smith
y V and Drurias Garrifon, commiffioners of the court-houfe and jail of the
county of Effingham, have purchaled a piece of land for ereftihg the public build-
ings in the county aforefaid: Be it therefore enacted by the Senate and Houfe of Rep re*
fentaiives of the fate of Georgia in General Affembly met, and by the authority of the
^uu%outaS/^w<?5 That tne *a^ David Hall, jofhua Loper, Samuel Ryals, Godhelf Smith and
fot^mik'eu* Drurias Garrifon, commiffioners as aforefaid, or a majority of them, or their fuc-
*h^oneypto'y cenr°rs m office, fliall and may lay out into lots of fuch fize as they may think pro-
ahcourwloS4f per, the aforefaid piece of land, and fhall fet up and expofeto fale, within fix months
comity1/01 the after the palling of this acl, the faid lots, and make titles thereto; and the monies
arifing from fuch fale to be applied to the ufe of building a court-houfe and jail in
the faid county.
the town to 2. And be it further enabled, That the faid town mali be known by the name of
Springfield. Springfield, and hereafter be the permanent feat of public buildings.
courthouse in 3. And be it further enacted. That the commiffioners aforefaid, or a majority of
*o'a\"erto bc them, fliall and may fell the court-houfe in Ebenezer, and apply the money as herein
before directed, any law to the contrary notwithstanding.
DAVID MERIWETHER, Speaker of the Houfe of Reprefcntatives,
ROBERT WALTON, Prefdent of the Senate,
Affented to February 7, 1799.
JAMES JACKSON, Governor.
An aB for appointing commiffioners for afcertdining the boundaries of the towns and
commons of Brunfwick and Frederica, in the county of Glynn.
E IT ENACTED by the Senate and Houfe of Reprefcntatives of the fate of
Georgia in General Affembly met, and by the authority of the fame, That Georg©
COUNTIES, COURT-HOUSES AND JAILS. 159
( canHiiBiGH.-
Purvis, Richard Pritchard, Mofes Burnett, John Piles, and John Burnett, be.
and they are hereby appointed commiflioners for the town of Brunfwiek; and
thev, or a majority of them, mall have power to lay out, or caufe to be laid out, the 'n-^r powers.
town of Brunfwiek aforefaid, as nearly as poflible to the original plan thereof, and
caufe the ftreets of the fame to be opened, and the lots plainly marked or Itaktd off;
and mall alio caufe the commons of the faid town to be re-furveyed, and an accu-
rate map thereof, together with apian of the faid town, returned to the furveyor ge- ^n°!0t]^rc,
neral's office within two months after the palling of this act, there to be put on record. '^yor^fe-
2. And be it further enabled,. That the faid commiifioners fhall, immediately after ownewjJfi-
the faid town and commons (hall be fo laid off, advertife the fame in fome one of the gazettes €
public gazettes of this {fate for nine months, giving notice to all holders or owners of
lots in the faid town of Brunfwiek, to make a return thereof to the faid commiffi-
oners, fpecifying the number or numbers of lots fo held or claimed, which faid owners
fhall pay for each lot fo held or claimed by him, her or them, the fum of one dollar,
which {hall be applied towards paying off the expences that may accrue in laying out
and afcertaining the fame.
3. And be it further enacted, That all lots that mail not be returned to the faid certain lot*
commiifioners, within the term of nine months as aforefaid, fhall be by the faid com-
mnTioners advertifed for fale, giving fix weeks' notice thereof in the public gazettes of
the faid ftate, one half of the purchafe money to be paid clown, and the remainder in SSS?^ cun~
twelve months thereafter the purchafer or purchafers giving bond with mortgage on
the faid lot or lots fo purchafed, for the payment thereof; and the monies arifingM ar!s!„g
from fuch fale mail be applied to the fupport of an academy or feminary of learning (X appa«f to
in the county of Glynn, except fo much thereof as may be neceffary to defray a pan demyUiGiynn]
of the expences in laying off the faid town and common.
4. And be it further enacted, That the commiflioners mall have power to rent or Town-common
leafe the whole or any part of the faid commons * of Brunfwiek, as to them may be
deemed beft for the fpeedy fettlement of the faid town of Brunfwiek.
5. And be it further enacted, That John Cooper, William M'lntofh, James Har- commi^nas
rifon, James Moore, and William Clubbs, be, and they are hereby appointed commif-
lioners for the town and commons of Frederica, who fhall have the fame power, and
be under the fame regulations, as the commillicners appointed by this acl, for the
town and commons of Brunfwiek.
6. And whereas feveral perfons* ave at fundry times made attempts to run up the ^g'th0/ !ur"
commons of the faid towns, but have been as often defeated in the caveat courts ofto^8"commoB-
the faid county, by the exertions of fome of the proprietors of the faid towns of
Brunfwiek and Frederica: Be it enacted, That any perfon or perfons who may at-
tempt to run any part of the faid commons or towns of Brunfwiek or Frederica, un-
der any pretence whatfoever, fhall be liable to a fine of five hundred dollars, to be
recovered in the fuperior court of the faid county, by the commiifioners, or any other
perfon or proprietor of any lot or lots in the faid towns, which faid money ihall be
applied, one half to the ufe of the academy, and the other to the ufe of the perfon or
perfons fuing for the fame; and all furveys heretofore made, and grants furreptitioufiy
obtained, are hereby declared null and void, and any perfon or perfons taking pof-^j1 survfr*
feffion by virtue of any furvey or grant as aforefaid, fhall be liable to the aforefaid
fine, to be recovered in manner aforefaid.
* Empowered to fell a part by ad of 1797.
i6o COUNTIES, COURT-HOUSES AND JAILS.
ciau"!inS 7' And be it further enaBed, That all laws heretofore pa fled appointing commif-
fioners for the towns and commons of Erunfwick and Frederica be, and the fame
are hereby repealed.
THOMAS STEVENS, Speaker of the Houfe of Reprefentciives.
BENJAMIN TALIAFERRO, Prefident of the Senate.
Concurred February 21, 1796.
JARED IRWIN, Governor.
«
%
crs
Brunswick the
An aH to make permanent the feat of the public buildings in the county of Glynn, and for
other purpofes therein Mentioned.
commission- i. T> E IT ENACTED by the Senate and Houfe of Reprefentatives of the fate of
JL3 Georgia in General AJfembly met, That Richard iPritchard, Martin Palmer and
Mofes Burnett, be, and they are hereby appointed cammifiioners of the court-houfe
and jail in the county of Glynn; which court-houfe and jail mail be creeled on one
feaToTcounfy of the mod convenient public lots in the town of Brunfwick, which mail be conveyed
to them by the coinmiffioners of the aforefaid town and commons.
2. And whereas it has been found that there is much more land referved for the
commons of Brunfwick than is necefiary for that purpofe: Be it therefore enacted.
That the commiflioners of the above town and commons are hereby authorized to
fell and difpofe of five hundred acres of the commons of Brunfwick, at fuch time and
place as they may deem molt proper, after giving three months public notice in one
of the gazettes of Savannah, in lots not exceeding fifty acres each, and make titles
Money arising to the purchafer or purchafers in fee fimple; which monies arifing from the fale of
hafftotS' one the faid land fhall be applied under the direction of the faid commiflioners of Brunf-
Ac/andthla- wick, as follows, to wit, one moiety thereof to the ufe of the court-houfe and jail,
■eaacmy. ea" and the other to the ufe of the academy: Provided, That the faid lands be not fold
for lefs than three dollars per acre; any law to the contrary notwithstanding.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, Prefident of the Senate.
Concurred February 13, 1797.
JARED IRWIN, Governor.
An aB to authorize the inferior court of the county of Bryan to leafe the commons ofHard-
wicke and the glebe land oj the faid county.
infer^wurt lt T>E IT ENACTED by the Senate and Houfe of Reprefentatives of the fate of
f!cancountf -*■'* Georgia in General Affembly met, and by the authority of the fame, That the in-
ferior court of the county of Bryan, be, and they are hereby authorized and empow-
ered to leafe, from time to time, for a term not exceeding feven years, the common
Money applied of Hardwicke, and the glebe land of the faid county ; and to apply the rents and pro-
Jo/<fspandthe fits arifing therefrom, to the repair and improvement of the roads and bridges in the
faid county, in fuch manner as they fhall deem molt expedient.
' DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, Prefident of the Senate.
Affentcdto December 4, 1799.
JAMES JACKSON, Governor.
COUNTIES, COURT-HOUSES AtfD JAILS. ioi
An ail to author iit the inferior court of the county of Burke to leafe the glebe land of the
faid county.
E IT ENACTED fa the Senate and Houfe of Reprefentatives of the fate of 'inferior &n -t
Georgia in General Ajfembly met, and by the authority ■ of the fame, Thai th
f power* to
be"
po»r.
inferior court, of the county of Burke be, and they are authorized and empowered to lmdi>
leafe from time to time, for a term not exceeding five years, the glebe land of the faid AM ippiythe
county, and to apply the rents and profits, arifing therefrom, to the relief of the poor ™|£ ,; '-.;.'
thereof, at the difcretion of the faid court.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, Prefidcnt of the Senate*
Affented to December 2, 1800.
JAMES JACKSON, Governor,
An act to eflablifk a town on St. Mary's River, in the county of Camden ; for altering
the place for holding the courts and elections within the faid comity, and for appointing
commiffioners to erect a court-houfe and jail in the county of Franklin.
i. T3 E IT ENACTED by the Senate and Houfe of Reprefentatives of the fate of rowiioijf:
-13 Georgia in General Ajfembly met, That a town heretofore laid out on the ary#*
iriver St. Mary's, in the county of Camden, a plan whereof has been recorded in the
office of the county furveyor of faid county, (hall be^ from and after the paffing of
this a£t, veiled in five commiffioners, and be known by the name of " St. Mary's ;"
and that James Seagrove, William Maulrey, William Johnfton, Thomas King and corarnissiet
John King be appointed commiffioners thereof, who, or amajority of them, are here-ers'
By authorized and required, within twelve months after the paffing of this acf , to
tranfmit to the furveyor general, a fair and correct cOpy of the plan of the faid town, To record 2
by him to be recorded in the office of the furveyor general of this fiatc town m the
2. And be it further enabled, That in cafe of the death or refufal to act of any of^
the faid commiffioners his excellency the governor is hereby authorized and empower- "^^^
fed to appoint fome other perfon or perfons in his or their room.
The remainder of this a£t refpecfing commiffioners of the court-houfes and jails
bf Camden and Franklin counties, repealed by acf of 1796. See alio a£l of 29th
November, 1800, relative to Camden.
WILLIAM GIBBONS, Speaker of the Houfe of Reprefentatives'.
BENJAMIN TALIAFERRO, Prefdent of the Senate.
December 5, 1792.
EDWARD TELFAIR, Governor,
surveyor genc=
ral's office,
acancies. ho*'
"••»•»»» 6
uri act to eflallijh and make permanent the feat of 'the public buildings of the county of
Camden^ at± or near the centre of faid county,
*• \7C THERE AS it appears that the [feat of public bufmefs in the county of Camden hcmuM?
t V is found to be extremely inconvenient to a majority of the inhabitants there-
X
j62 COUNTIES, COURT-HOUSES AND JAILS.
tCo°fixmo!,fLoner9of) it being at one extreme end of the county : Be it therefore enabled by the Senate
ceXenofthee and Houfe of Reprefentatives of the fate of Georgia in General AJJembly met, and by
mwSmmm e the authority of the fame, That Thomas M'Call, Phinehas Miller, John Floyd,
Hugh Brown, and William Niblack, be, and they are hereby appointed commiflion-
ers, and they, or a majority of them, are hereby fully authorized and empowered to
fix upon the moft convenient place, at, or near the centre of faid county, for the pur-
Topwciiase pofe of erefting a court-houfe and jail, and to contract for fuch quantity of land as
purple, a they may deem fuificient to anfwer public ufes ; and the faid commiffioners or a rna-
KdiVnd0 jority of them, (hall have power to lay out any part or all of fuch land as aforefaid,
ney't'oereTa into l°ts of fuch convenient fize as they may judge molt proper; and mail expofe
anal^r166 to public fale within fix months, or in convenient time after the paffing of this aft,
and make titles thereto ; and the monies ariling from fuch fale or fales to be applied
to the ufe of building a court-houfe and jail on the aforefaid premifes.
leaned je£ 2- Ana I be it 'further enacted, That the aforefaid town or feat of public buildings
ferson. fhaj} be known by the name of iC jefferfon;" and after the completion of the build-
ings as aforefaid, fhall be the permanent feat of public buiinefs for the county
aforefaid.
Sltst. Ma- 3- And be it further enabled, That from and after the paffing of this aft, the place
ikbuiidinegpsub*of holding courts, eleftions and other public bufinefs, fhall beat the town of St. Ma-
are completed. ry^ un^\ ^ place be fixed on by the commiffioners aforefaid, and buildings ere£ted as
aforefaid, and no longer.
suhw1-*8 4* And be it further enabled, That all laws or parts of laws heretofore made that
militate againft this aft, be and they are hereby repealed.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, Prefdent of the Senate.
Affented to November 29, 1800.
JAMES JACKSON, Governor.
An act for dividing the county of Wafliington.
1. "OE IT ENACTED by the reprefentatives of the freemen of the /late of Geor-
Greene county ■J*-^ S^a ln General Affembly met, and by the authority of the fame, That a line mail
ind out. ^e run ilQrth forty-five degrees earl, beginning on the Oconee River, fix miles above
the Rock Landing, until it ftrikes the Great Ogechee River; thence up Ogechee to the
head of the main branch; from thence a direft courfe to the Cherokee Corner; from
thence to the fouth branch of Oconee, running into that river at or near Zachariah
Philips'; thence down the Oconee to the beginning, including a tract of country
which fhall be called and known by the name of " Greene County."
court-house & 2- And be it further enabled, That the court-houfe and jail fhall be built, and the
OT?thebcouege fuperior courts and annual eleftions held at a town to be laid out on the College
Survey on Richland Creek.
3. And be it further enabled, That the truflees of the univerfity, or a majority of
' them, fhall be, and they are empowered and requefted to lay out, or caufe to be
laid out, atown, which fhall be known by the name of " Greenfborough," on faid Col-
lege Survey; and after referving a number of lots fufficient for public buildings, to
fell and convey the remaining lots and land adjacent to the purchafer or purchafers,
COUNTIES, COURT-HOUSES AND JAILS. 163
in fee fimple: Provided only, That the money arifing from the fale of the faid lots
and lands adjacent, fhali be applied to the fole purpofe of promoting learning and
fcience, and the quantity of land fo to be laid off does not exceed one thoufand acres.
WILLIAM GIBBONS, Speaker.
Augufia, February 3, 1786.
An act to divide the county of Richmond.
It T> E IT ENACTED by the Senate and Houfe of Reprefentatives of the /late of
JLy Georgia in General Affembly met, That the county of Richmond fhall be di- c0°un*buidout.
vided into two counties, in the following manner, viz. beginning on the river Savan-
nah, at the mouth of Red's Creek; from thence a line fhall be drawn, running fouth
forty-five degrees weft, and all that part of Richmond county lying above, or north-
weftwardly of the aforefaid line, (hall be one county, and known by the name of
s; Columbia," and fhall have two reprefentatives apportioned to it, from the repre-
fentation of the county of Richmond.
2 Appoints commiffioners of court-houfe and jail for Columbia county. Ob-
folete.
3. And be it further tnaBed, That all that part of Richmond county lying below ^f9011
or foutheaftwardly of. the aforefaid line, fhall compofe one other county, and retain
the name of "Richmond;" and that George Handley, John Meals and Robert
Forfyth, efqrs. or any two of them, be and they are hereby appointed commiffion-
ers to fix on a place to build a court-houfe and jail for faid county of Richmond, in
the town of Augufta.
4 Empowers the collectors of each county to colled a county tax, Sec. to build
court-houfes and jails, Sec. Obfolete.
5 Applies the money fo collected, &c." Obfolete.
6 Concerning fuits commenced previous to the divifion. Obfolete.
7. And be it further enacted, That the furveyor for the county of Columbia fhall county hm t»
run, and plainly mark, gratis, the aforefaid line, dividing the county of Columbia marked!
from the county of Richmond, within thirty days after his appointment.
8 Refpe6ls the commencement of courts in faid counties — repealed by a£t of 1799.
JOSEPH HABERSHAM, Speaker of the Houfe of Reprefentatives.
NATHAN BROWNSON, Prefident of the Senate.
EDWARD TELFAIR, Governor.
December 10, 1790.
An aB for dividing the county of Wilkes, and for other purpofes.
l. T> E IT ENACTED by the Senate and Houfe of Reprefentatives of the fate of mm couaty
JL3 Georgia, in General Affembly met, That all that part or parcel of the county laidouu
of Wilkes, lying on the north fide of Broad River, from the mouth thereof to the
main fork; thence up the fouth main fork to where it interfe&s the line dividing the
county of Wilkes from Franklin, fhall be one county, to be called and known by the
name of « Elbert;" and all that part of the faid county of Wilkes lying on the fouth
1
i64 COUNTIES, COURT-HOUSES AND JAILS.
fide of Broad River, fhall retain the name of i( Wilkes," and the court-hoiife and
jail thereof mall be and continue at the town of Wafhington, the place formerly ap-
pointed by law for holding courts in faid county.
inferior tour! 2.. And be it farther enabled by the authority aforefaid, That the juflices of the infe-
»ri the piVcc for rior court of the county of Elbert be, and they (or any three of them) are hereby
z*d)°&. ouse fully authorized and empowered to fix on the mod convenient place for building a.
court-houfe and jail in the faid county of Elbert, and until fuch court-houfe and jail
fhall be completed, the fuperior and inferior courts of faid county fhall be held at
fome place to be agreed on by the faid juflices.
3 Refpecls building the court-houfe and jail, laying county tax, Sec. Obfolete,
4 Obfolete. See aft: of 15th February, 1799, fixing the reprefentation.
5 Obfolete. See aft of 16th February, 1799, regulating courts. See judiciary.
JOSEPH FIABERSHAM, Speaker of the Houfe of Representatives.
NATHAN BROWNSON, Prefdent of the Senate.
EDWARD TELFAIR, Governor.
December 10, 1790.
An aB to lay out a county out of part of the counties of Wafhington and Greene.
SSS^ut^ 1# T£E IT ENACTED by the Senate and Houfe of Reprefentatives of the fate of
JL* Georgia in General AJfcmbly met, and by the authority of the fame, That a new
county fhall be laid off out of part of the counties of Wafhington and Greene, in the
following manner : A line fhall run, beginning near Alexander's mill on the north
fork of Ogechee, to run in a direft courfe to Fofler's plantation on the Oconee Ri-
ver, thence down the fame to the mouth of Buck Creek, near the Rock Landing,
thence a direft line to where the lower trading road croffes Town Creek, from thence
Avith a road leading from the Rock Landing to Georgetown, to where the fame crof-
fes the river Ogechee, thence up Ogechee to the beginning ; and all that part of the
counties of Wafhington and Greene, comprehended within, and lying between the
faid lines and boundaries, fhall be a county, and known by the name of " The county
•f "mt-ilouse" of Hancock." And Harmon Reynolds, Matthew Rabon, James Adams, Abraham
Miles and John Mitchell, fhall be, and they are hereby appointed, commiffioners,
and they, or a majority of them, are veiled with full power and authority to fix on
the molt convenient and central place within the faid county, at which courts and
elections fhall be held, as foon as fuitable buildings are erefted thereat. And the faid
commifiioners, or a majority of them, are hereby authorized and empowered, to con-
tract with fit and proper perfons, for the purpofe of building a court-houfe and jail in
the county aforefaid, which, after at leaft thirty days notice, fhall be let to the loweft
bidder. Provided, That until the court-houfe fhall be erefted, the courts and eleftions
for faid county fhall be held at the houfe of John Whatley.
inferior court 2. And be it further enacted by the authority aforefaid, That the juflices oftheinferi-
biun/y Lx. or court of the faid county are hereby authorized and empowered to levy a tax on the
inhabitants and taxable property within the fame, for the purpofe of erecting a court-
houfe and jail as aforefaid, which fhall be done in fuch a manner as in the judgment
of the court fhall be leaft burthenfome to the inhabitants.
Bounty line to 3. And be it further enacted by the authority aforefaid, That Henry Gravbill, fhall
be? and he is hereby appointed to run the upper and lower lines bounding the faid
COUNTIES, COURT-HOUSES AND JAILS. 165
county, and that the charges thereof fhall be paid by the inferior court of the faid
county, to be levied as in this aft direfted.
4. And be it further enabled by the authority aforefaid, That all civil and military
officers, within the boundaries of the faid county, (hall be, and they are hereby con-av;iandm;ii-
firmed in their coramiffions. >^Srst0
WILLIAM GIBBONS, Speaker of the Houfe of Representatives.
BENJAMIN TALIAFERRO, Prefident of the Senate.
GEORGE MATHEWS, Governor.
December 17, 1793.
commission}}
An aft to lay cut a county out of part of the counties of Burke and Effingham.
i.~DE IT ENACTED, by the Senate and Houfeof Reprefentatives of the fate of
JL3 Georgia in General Affembly met, and by the authority of the fame, That a new ^V^"/^*"
county (hall belaid ofFout of part of the counties of Burke and Effingham, in the
following manner : A line fhall be run beginning at the mouth of Rooty Branch, on
Savannah River, near Nathaniel Lundy's, to run in a direct courfe to the mouth of
Little Ogechee; and in the fame direction from thence to Canouchee; another line
fhall be run, beginning at Somerlin's ferry, on Savannah River, to run in a dire£t
courfe from thence to the junction of Buckhead Creek and Ogechee River, and from
thence up the faid river to the dividing line between Wafhington and Effingham, from
thence along the faid line to Canouchee, and down that ftream to where the firft men-
tioned line Itrik.es it. And all that part of Burke and Effingham counties comprehend-
ed within, and lying between the faid lines, and between Savannah River and Canou-
chee, not above, or below the lines aforefaid, fhall form a county, and be known by
the name of" Scriven." And that Paul Bevil, William Skinner, and John Lott, fen. commissioner!
fhall be, and they are hereby appointed commiffioners, and they or a majority ofh^e»ndjaa,
them, are veiled with full power and authority to fix on the moil central and conven-
ient place within the faid county, at which the courts and elections* fhall be held, as foon
as fuitable buildings are erected thereat; and the faid commiffioners or a majority of
them are authorized and empowered to contract with fit and proper perfons, for the
purpofe of building a court-houfe and jail, in the county aforefaid, which, after at
leaft thirty days notice, fhall be let to the loweft bidder. Provided, That until the court-
houfe fhall be erefled, the elections and courts for faid county fhall be held at the houfe
of Benjamin Lanier.
2 Empowers the inferior court to lay a county tax — repealed. See act of 1796.
3 Directs the county furveyor to run the line. Obfolete.
4 Gives Scriven one reprefentative, to be taken from Burke — repealed by a£t
of 1799.
5. And be it further enacted, That all fuits already commenced in the aforefaid suits already
county of Scriven, fhall continue and be profecuted in the counties of Effingham regulated,
and Burke, until the courts of the county of Scriven aforefaid are properly organ-
ized, and fuch juftices of the former counties of Effingham and Burke, as may fall
within the county of Scriven, fhall continue to exercife their refpeftive appointments, officers to c©*,
■* III tiling f-n jtii
WILLIAM GIBBONS, Speaker of the Houfe of Reprefentatives.
BENJAMIN TALIAFERRO^ Prefident of the Senate.
GEORGE MATHEWS, Governor.
December 14, 1793.
County or
Warren,
166 COUNTIES, COURT-HOUSES AND JAILS.
An act for laying out the feveral counties herein after named.
1. T3 E IT ENACTED by the Senate and Houfe of Reprefentatives of the fate of
■rwonewcoun- -*-/ Georgia in General Ajfembly met, and by the authority of the fame, That two
from wikes & new counties fhall be, and they are hereby laid out, from the counties of Wilkes and
es* feveral other counties contiguous or adjoining thereto, in the following manner and
form, to wit, the firft to begin at Megechee's bridge, on Ogechee River, thence along
the road leading from that bridge to the Chickafaw Ford on Brier Creek ; thence up
Brier Creek to the mouth of Sweet Water ; thence up faid creek to Watfon's mill,
from thence to the path known by the name of " The Old Line path at Hodgins' ;" from
thence a ftraight line on Stark's old mill on Little River ; thence up that river to the
mouth of William's Creek ; thence up the faid creek to the mouth of Beaver Dam ;
thence a ftraight line to Ogechee, fo as to include the plantation of Col. Alexander,
and down the Ogechee to the beginning : which faid county fhall be called and known
by the name of" Warren,"
2. The other county fhall begin at the mouth of Long Creek ; thence up the faid
creek to the mouth of the dry fork thereof; thence up faid fork to Jofeph Staton's 3
thence a direcl line to William Hammett's; thence to Armours ford on Little River;
thence the fame courfe continued until it ftrikes Sherril's Creek ; thence a direel line
to Livingfton's mill on Ogechee; thence up the fame to the Greene county line;
thence along faid line to the Cherokee corner ; thence along the line dividing Wilkes
and Franklin, to the fouth fork of Broad River; thence down Broad River to the
place of beginning; which faid county fhall be called and known by the name of
" Oglethorpe."
3. And be it further enabled by the authority aforefaid, That the county furveyorof
Wilkes fhall be, and he is hereby appointed to run and plainly mark the feveral ar-
tificial lines, agreeably to this acl, for the aforefaid county of Warren ; and the coun-
ty furveyor of Elbert fhall be, and he is hereby appointed to run, and plainly mark in
like manner, the feveral lines round the county of Oglethorpe ; which faid line fhall be
run and marked as aforefaid, within two months after the palling of this aft; ; and the
faid county furveyors fhall be allowed, by the county courts of the aforefaid counties
of Warren and Oglethorpe, a reafonable compenfation for fuch fervices, to be by
them levied on their refpective counties, and fhall be fubjeel when collected, to their or-
der for the purpofes aforefaid.
4 Directs jultices to act till the adjournment of the next legiflature. Obfolete.
5 Appoints commiflioners for each county to fix on a place for the court-houfe
and jail. Obfolete.
6. And be it further enacted, That the juftices of the inferior court for the county
fonthe^ubHc of W'arren, or anv three of them, are hereby authorized and empowered to contract
buildings, lay ' ■ ' . i i i- • n if j " m P r " 1
county ux„£-e. W1th proper perfons to undertake and completely nniih a court-houle and jail tor laid
county, on fuch plan and in fuch form as they may think proper; and the faid county
court may raife by tax, to be by them levied, a
County of
©£lcthorpe
Inferior court
may contrail;
fum not to exceed two hundred and
fifty pounds, to be by them applied to the building fuch public buildings; and the
juftices of the inferior court for the county of Oglethorpe fhall in like manner contract
with fit and proper perfons for building their court-houfe and jail, and may raife by
tax on their county, a tax not exceeding two hundred and fifty pounds, to be applied
as aforefaid,
7 Afcertains the reprefentation — repealed. See a£t of 1799.
8 Refpe&s fuits commenced previous to the divifion. Obfolete.
COUNTIES, COURT-HOUSES AND JAILS. 167
q. And be it further enabled, by the authority aforefaid, That one new county fhali"l^t00ucacnTt,
belaid off from the county of Liberty, in the manner following : from the north dchncd'
end of Black Beard Illand to the mouth of South Newport River; from thence, up
Bull Town Swamp, to the mouth of Big Mortar Swamp, from thence to the head
thereof; and from thence a due weft courfe to the fouth branch of the Alatamaha,
thence down that branch of the Alatamaha which empties itfelf at the north end of Lit-
tle St. Simon's Illand, to its mouth, and from thence along the fea-coaft, to the north end
of Black Beard Ifland; which faid county fhail be called and ^nown by the name of
" M'lntofh."
10 Appoints commiffioners to fix on a place for court-houfe, Sec. Obfolete.
11. And be it further enatled by the authority aforefaid, That the juftices of the in- [fcZraTfor
ferior court of the county of M'lntofh to be hereafter appointed, are hereby autho- a^uy colo-
rized and empowered to contract with proper perfons to undertake and completely tYtaK'
finiih a court-houfe and jail for faid county, on fuch plan as they may think proper,
and the faid county court may raife by tax, to be by them levied, a i'um which mall
not exceed two hundred and fifty pounds, to be applied as aforefaid.
12 Afcertains the reprefentation of the county — repealed by act of 1799.
13 Refpecls fuits commenced previous to the divifion. Obfolete.
14 Provides a temporary place for holding courts in faid county. Obfolete.
15. And be it further enacted by the authority aforefaid. That one new county fhail ^£uctoun,p
be laid off from the county of Chatham, in manner following: beginning at <*eill'td-
the mouth of, and running up and with the meanders of Midway River to the conflu-
ence of Mount Hope Swamp ; from thence in a direct courfe along the old line, divi-
ding the pariih of St. Philip's from St. John's, until it ftrikes the river Canouchee;
from thence up the main ftream of faid river, until it ftrikes the Wafhington line ;
from thence in a direct line acrofs to the mouth of Black Creek, on Ogechee River ;
thence down the faid river to its mouth; thence with the fea-coaft to the mouth of
Midway River; which faid county ihall be called and known by the name of " Bryan."
16 Appoints commiffioners to fix on a place for court-houfe, &c. Obfolete.
17. And be it further enacted, That the juftices of the inferior court for the county J^°rr^°t"^
of Bryan, to be hereafter appointed, are hereby authorized and empowered to con- ^rce^ of
traft with proper perfons to undertake and completely finiih a court-houfe and jail for dou?nytotIxy,
faid county, on fuch plan as they may think proper; and the faid county courts may &c'
raife by tax, to be by them levied, a fum, which fhail not exceed two hundred and
fifty pounds, to be applied as aforefaid.
18 Afcertains the reprefentation to betaken from Chatham,repealed by acl of 1799.
19 Refpe&s fuits commenced previous to the divifion of the county. Obfolete.
20 Provides a temporary place for holding courts. Obfolete.
21. And be u further enacted by the authority aforefaid, That a new county fh all Montgomery'
be, and is hereby laid out and taken from the county of Wafhington in the following anSned.0"*
manner : firft, by a line beginning at Carr's Bluff, on the Oconee River, and run-
ning along the Uchee Path, to the place where faid path creffes Williamfon's Swamp;
thence in a direct line to the Ogechee River; thence down the faid river to the Ef-
fingham line; thence along faid line to where it ftrikes the line of Liberty county;
thence along faid line to the Alatamaha River; thence up the faid river to the conflu-
ence of the Oconee and Oakmulge rivers; thence up the Oconee River to the be-
ginning; which faid county fhail be called and known by the name of " Montgomery."
22. And be it further enabled by the authority aforefaid, That the county furveyor Dividing u-nt
of Wafhington fhail be, and he is hereby appointed to run and plainly mark the faid marked.
168 COUNTIES, COURT-HOUSES AND JAILS
direft line, from the place where the Uchee Path croffes William fon's Swamp, to the
Ogechee River.
23. Directs magiftrates then in office to aftj till the adjournment of the next
General Affembly. Obfolete.
24 Provides for fuits commenced previous to the divifion. Obfolete*
25 Appoints commiffioners to fix on a place for the court-houfe, and provides
a temporary one* Obfolete.
26 Prefcribes theomode of choofing clerks and other officers in the new counties;
Obfolete. See aft of 4th December, 1799, feft. 2.
WILLIAM GIBBONS, "Speaker of the Houfe of Reprefentatives*
BENJAMIN TALIAFERRO, Prefidznt of the Senate.
GEORGE MATHEWS, Governor.
December 19, 1793.
An act to divide the county of Franlilin.
toifattewa- u °t\E *T EXACTED by the Senate and Houfe of Representative's of the fate of
feted* *n4 y ^^ Georgia in General Affembly met, and by the authority of the fame, That all
that part of the county of Franklin lying and being within the following limits, fnall
form one other county, and fhall be called and known by the name of " Jackfon,"
that is to fay : The line dividing the faid county of Jackfon from the county of Frank-
lin fhall begin on the fouth fork of Broad River at the place where it interfefts the
counties of Oglethorpe and Elbert, from thence it fhall run up to the head or fource of
the middle fork, it being the main flream ; from thence fouth forty-five degrees weft
to the main ridge which divides the waters of Broad River from the waters of the Oco-
nee ; thence along the faid ridge to the temporary or weftern line of Franklin county jj
and all that part of Franklin lying and being fouthwardly of the aforefaid line, fhall be
included and comprehended in the county of Jackfon ; and the remaining part of
faid county fhall retain the name of " Franklin."
2. Appoints commiffioners to fix on a place for the court-houfe — repealed by aft
of 2d February, 1798— -and alfo fixes on a temporary place for holding courts.
Obfolete.
Inferior court 3* And be it further enafledby the authority aforefaid, That the juftices of the infe-
cridpubnT" t0 nor court of the faid county are hereby authorized and empowered to levy a tax, not
tmwings. exceeding one fixth of their general tax, on the inhabitants and taxable property
within the fame, for the purpofe of erefting a court-houfe and jail, as aforefaidj
which fhall be done in fuch manner as in the judgment of the court fhall be leaft
burthenfome to the inhabitants.
Slbt run 'ind 4* ^n^ ^e ^ further enabled by the authority aforefaid, That Malachi Jones fhall be,
surked. anc[ he js hereby appointed to run the lines of the faid county, and that the charges
thereof fhall be paid by the inferior court of the County, to be levied as in this aft &
directed.
5 Afcertains the reprefentation — repealed. See aft of 1799.
THOMAS STEVENS, Speaker of the Houfe of Reprefentativts:
BENJAMIN TALIAFERRO, Prefident of the Senate.
Concurred February 11, 1796.
J-ARED IRWIN, Governor:
COUNTIES, COURT-HOUSES AND JAILS. 169
An aB for laying out a new county from that part of Scriven that lies fouth of Ogechee
River and part of Bryan county.
1, BE IT ENACTED by the Senate and Houfe of Reprefentatives of the fate o/Buiiock coumj
JL3 Georgia in General Affembly met, and by the authority of the fame, That oneuetina^"
new county Hi all be, and is hereby laid out from the counties of Scriven and Bryan,
in the following manner and form, to wit, to begin at John Lanier's including the fame-
on Ogechee River, thence a direct line to be drawn to where Lott's Creek empties in-
to Canouchee, thence up Canouchee to the Montgomery line ; thence along the faid
line to Ogechee River ; thence down the faid river to the beginning ; which county
fhall be called and known by the name of " Bullock."
2. And be it further enacted by the authority aforefaid, That the county furveyor ofwviduigiinS
the faid county fhall be, and he is hereby appointed to run and plainly mark the arti- marked:
ficial line, agreeably to this aft for the aforefaid county of Bullock, and the county fur-
veyor fhall be allowed by the county court of the faidcounty, a reafonable compenfa-
tion for fuch fervice, to be levied on the faid county, and ihall be fubjeft, when col-
lected, to the order of the court for the purpofe aforefaid.
3 Appoints commiffioners to fix on the place for holding courts, &c. and alfo
appoints a temporary feat for the court-houfe — repealed by aft of 1799.
4 Ascertains the representation to be taken from Bryan — repealed by aft of 15th
February, 1799.
5. And be it further enacted by the authority aforefaid, That the juflices of the infe-Tt!o,r^°5c'H!r*
rior court be, and they are hereby empowered to levy a tax upon the inhabitants of tytax'
the faid county for the purpofe of erefting a court-houfe and jail within the fame.
THOMAS STEVENS, Speaker of the Houfe of Reprefentatives
BENJAMIN TALIAFERRO, President if the Senate.
Concurred February 8, 1796.
JARED IRWIN, Governor.
An aB to lay off a new county out of part of the counties of Burkt and Warren, for divi-
ding the county of Wilkes, and for other purpofes therein-mentioned.
E IT ENACTED by the Senate and Houfe of Reprefentatives of the /late of " ,
,„ •■ . : . _ i * rr 1 i 7 ■ • Ji J 1 r 4 1 m. J J ^ Jefferso* eaun.
Georgia in General AJJembly met, and it is hereby enacted, That a new county ^fiangdout *"*
mall belaid off out of part of the counties of Burke and Warren, in manner and form
following, to wit, beginning at Hargrave's bridge on the river Ogechee, from thence
running in a direft line to Pegg's old field, thence in a direft line to Ballard's mill,
thence in a direft line to the Chickafaw bridge or ford on Brier Creek, thence up the
flream of the faid creek to Harris' bridge ; thence on a direft line to the mouth of Big
Creek, where it makes a confluence with the river Ogechee aforefaid, thence down
Ogechee to the weftern line of the Big Survey, thence acrofs Ogechee River a direft
line to run to the mouth of the firft branch above Vivion's bridge on Williamfon's
fwamp, thence acrofs faid fwamp in a direft line to where the Sunbury line flrikes the
Montgomery line, thence down the faid road to the Hurricane, thence along faid
Hurricane eaftwardly to Williamfon's fwamp, thence down the faid fwamp to Reu-
Y
170 COUNTIES, COURT-HOUSES AND JAILS.
ben Margrave's bridge the place of beginning; which county fhall be called and known
by the name of" Jefferfon."
bividingitoes 2. And be it further enacted, That Richard Grey of Warren county be, and he is
to be nui and . . J . 7 . J . J *
marked. hereby appointed, authorized and required to run and plainly mark out the lines here-
in before defignatcd ; and that the jufiices of the inferior court to be appointed for
the faid county of Jefferfon, be, and they are hereby authorized to levy a tax on the
people of the faid county for defraying the expences diereof, as well as for the buil-
ding a court-houfe and jail in the faid county, which tax fliail not exceed one fixth
part of the general tax of the faid county.
commissioners 3. And be it further enabled, That Michael Shelman, John M. Sterret, Chefley
Sou* a»d jaii. Boftwick, ju.ii. John Barron and John Parfons, fhall be, and they are hereby ap-
pointed commiffioners for erefting a court-houfe and jail as aforefaid, which faid com-
miffioners or a majority of them, fhall have full power to contract for the building
and completing the fame.
^e'leaTof'eiib- 4* ^ ^e it fir t her enacted, That the permanent feat of public buildings in the coun-
washllf'tOT in lY °f Washington, fhall be in the town of Sanderfville, it being the place where the
county. court-houfe and jail of faid county do atprefent ftand.
jeffersos courts 5. And be it further enacted, That the place of holding courts and elections for the
&ouISvi;ie.m county of Jefferfon, fhall be in the town of Louifville, in the houfe of Jofeph Cheers,
until a court-houfe fhall be erecled as aforefaid.
6 Afcertains the reprefentation to be taken from Warren — repealed by a£t of 15th
February, 1799.
7 Appoints new commiffioners for Warren county, with power to fix on a place for
the court-houfe, Szc. and appoints a temporary one — repealed by a6l of 1797.
T.rncoin county 8. And be it further enacted by the authority aforefaid, That one other new county
denied.'"1 fhall be laid out from the county of Wilkes, in the following manner and form, to
wit, beginning at Rae's mill on Little River, running a direcl line ; from thence to ■
Zimmerman's, on the road leading from the town of Wafhington to Barkfdale's ferry
on Savannah, from faid Zimmerman's a direcl line to Drury Cade's mill, on Broad
River, from thence down Broad River to its mouth, thence down Savannah River to
the mouth of Little River, thence up Little River to the beginning : which faid coun-
ty fhall be called and known by the name of " Lincoln."
9 Appoints perfons to fix on a place for a court-houfe, &c. repealed by a£fc of 2d
February, 1798; and alfo appoints a temporary one. Obfolete.
rsfcrior court io. And be it further enabled, That the jufiices of the inferior court of the faid
ty teaZ"andc-~ county to be hereafter appointed, fhall be, and they are hereby authorized and em-
bualings. powered to levy a tax on the faid county of Lincoln; which tax fhall not exceed
one half the general tax; and the faid jufiices are hereby authorized and empowered
to contract with fome perfon or perfons, to build and completely finifli the afore-
faid public buildings on fuch plan, and in fuch manner as they may direcl ; taking care
to take good bond and fufficient fecurity of fuch undertakers, in double the amount to
be paid for fuch public buildings, for the faithful performance of their duty.
1 1 Provides for fuits commenced previous to the divifion. Obfolete.
12 Afcertains the reprefentation to be taken from Wilkes — repealed by a£t of
15th February, 1799.
Dividing lines 13. And be it further enacted, That the furveyor of the county of Wilkes, is
»arLT ar hereby directed and required to run and plainly mark the lines defcribing the afore-
faid county of Lincoln from Wilkes county, for which fervice he fhall be allow-
COUNTIES, (JOURT-HOUSES AND JAILS. 171
ed the fum of twenty-one dollars, to be levied on and collected from the county
of Lincoln, under the direction of the county court thereof.
THOMAS STEVENS, Speaker of the Houfe of Reprefentatives.
BENJAMIN TALIAFERRO, Prefident of the Semite.
Concurred February 20, 1796.
JARED IRWIN, Governor.
» « e 6 6 $ *
■An act for building and keeping in repair the couft-henfes and jails in the refpcclivi
counties within this fate, and for the fupport of the poor.
E IT ENACTED by the Senate and Honfe of Reprcfentatives of the fate of interior ta6th
1 Georgia in General Affembly met; and by the authority of the fame, That from k^n repair
and after the pairing of this act, the juftices of the inferior courts of every county «!»•$»&• ;
within this ftate, in their refpective counties, mail caufe to be erected and kept in
good repair (or where the fame fhall be already built) fhall maintain and keep in
good repair, at the charge of fuch county, one good and convenient court-houfe
of ftone, brick or timber, and one fufficient jail, with the rteceffary apartments for the
fafe keeping of criminals and debtors, well fecured with iion bars, bolts and locks, and
fhall caufe to be erected contiguous thereto, one pillory, whippingpOft and flocks.
2. And be it further enabled by the authority of or ef aid, That the inferior courts shallsnper.in„
in each county fhall have full power and authority at all times to enquire into the ofjfiMnTc'n.
conduct of jailorsj and the ftate of jails in their refpective counties, and on neglect and^ueexe-
of duty to caufe fuch jailors to be removed by an order to the fheriff For that purpofe; persons fS!
and the faid courts fhall have full power and authority to call on all perfons, their Sis^tkeiT0'
heirs, executors or adminiftrators in their refpective counties, who have had, or may
have county monies in their hands, colle6ted for the exprefs purpofe of building
to urt-houfes and jails, or for any other County purpofe whatever; and in cafe of
neglect or refufal to pay the fame, the faid court fhall and are hereby required to
Caufe executions to be iffued for the full amount appearing to be due, in the fame
manner as the treafurer is authorized by law to iffue executions againft the defaulting
collectors of taxes in the different counties; and fuch monies when collefted, may Andappiyjh<s
be applied by fuch court; to the ufes and purpofes of building and repairing court- and repair
houfes and jails. andjaiis.
3. And to enable the juftices of the iriferiof courts to carry the intention of this act May ,evy a
fully into effect: Be it further enacted, That the faid county courts be, and they are.theSseolxf6'
hereby authorized and empowered to levy a tax on their refpetiive counties, whi:cH]:a<iu,tthe"up- ,
tax it fhall be the duty of the collector of the general tax, to collect and pay intow%&k>n°of
the hands of the clerks of fuch courts, he firft giving bond with approved fecurity T"
to fuch court, for the faithful collection and payment of the faid tax, at any time he
fhall or may be required by the faid courts fo to do: Provided always, That the Tax not <pi^
tax to be levied by fuch courts as aforefaid, fhall not exceed One fourth part of the ofshegenl"!!
general tax, which faid monies fo affeffed and collected as aforefaid^ fhall be fub-
ject to the order of the county courts, one half to be applied to the. ufes and pur-
pofes aforefaid, and the other to the fupport of the poor and building bridges, and
the collectors mall be allowed the fame commifnons and fees for fuch collection as
is allowed by law for the collection of the general tax, and fhall be liable to the fanle
2
ija COUNTIES, COURT-HOUSES AND JAILS.
fines and forfeitures, for any default, neglecl or improper conduct; which faid fines
and forfeitures may be impofedby the county court of each county, at their difcretion.
andmoneft 4- And be it further enacted, That all monies that now are, or may hereafter come,
Mtessofertrays mto tne hands of the clerks of the fuperior or inferior courts, by fines, or forfeitures,
ti^mepur-0 and all money arifing from the fale of eftrays, are hereby made liable and fubjecl to
vose" the draught, or order of the feveral county courts to be appropriated and applied as
aforefaid, either in the building or repairing court-houfes and jails, or to the fupport
ofthe.poor and building bridges, at the difcretion offuch courts.
5 Fixes on a permanent place for the court-houfe &c. for the county of Bryan,
and alfo a temporary one repealed by act of ift February, 1797.
uyin™ountyS 6. And be it further enaHed, That all laws, or parts of laws, claufe or claufes here-
taxes repealed. tofore mac[e5 or fucn part thereof as authorize the county courts of this ftate to levy
chatti ^»coun- a tax for county purpofes, be, and the fame are hereby repealed. Provided, That
frc«ta!n«^ t0 OQthing in this acl contained fhall extend or be conftrued to extend to have opera-
**"•• tion in the county of Chatham, fo as to repeal or affecl any law appointing the mayor,
aldermen of the city of Savannah, cornmiffioners of the court-houfe and jail in the faid
county.
THOMAS STEVENS, Speaker of the Houfe of Reprefentatives,
BENJAMIN TALIAFERRO, Prefident of the Senate.
Concurred February 21, 1796.
JARED IRWIN, Governor.
An atl to ejlablifh and make permanent the feat of the public buildings in the county of
Columbia.
andKtnc*- 1.15;E IT ENACTED by the Senate and Houfe of Reprefentatives of the fate of
lumbia. A M Georgia in general affembly met, and by the authority of the fame, That the
feat of the public buildings in the county of Columbia, as far as relates to the court-
houfe and jail therein, ihall be on that public lot of land, on the northweft margin
of the Big Kiokee Creek, which was conveyed by William Appling, to the cornmiffi-
oners of the court-houfe and jail, it being the lot of land on which the aforefaid build-
ings do now ftand.
Academy to be 2. And be it further enacted, That the feat of the academy fhall be at fuch place
cftourt-ho^e. as the cornmiffioners of the Columbia academy or a majority of them mail deem pro-
per : Provided, fuch place be within one mile of the aforefaid lot of land.
THOMAS NAPIER, Speaker of the Houfe of Reprefentatives.
BENJAMIM TALIAFERRO, Prefident of the Senate.
: GEORGE MATHEWS, Governor.
i November 29, 1794.
An at~l, to alter the prefent boundary lines of the feveral counties therein mentioned.
££of tffing- i.T>E IT ENACTED by the Senate and Houfe of Reprefentatives of the fate of
£ryan. j[3 Georgia in general affembly met, That all that part of Effingham county, fouth
of Ogechee River, .be, and the fame is hereby declared to be added to Bryan county.
COUNTIES, COURT-HOUSES AND JAILS. 173
2. And whereas certain doubts have arifen refpefting the boundary lines of the^?™^^
county of M'lntofh, and inafmuch as the fame are uncertain and indefinite: Beil*™*
enacted, That the true conftruclion of the act laying off the county of JVI'Intofh,
as refpects the boundaries of the fame, is and fhall be in manner following, viz.
from the north end of Blackbird Ifland to the mouth of South Newport River;
from thence up Bull Town Swamp to the mouth of Big Mortar Swamp; thence
along the fouthern margin of the main Bull Town Swamp, to the head or fource
thereof; from thence a northweft courfe to the old boundary line; and thence along
the fame to the Alatamaha River; down the faid main ftream to the fouth branch
thereof; thence down that branch of the faid river, which empties itfelf at the north
end of Little St. Simon's Ifland, to its mouth; and from thence along the fea-coaft
to the north end of Blackbird Ifland.
THOMAS NAPIER, Speaker of the Houfe of Reprefeniativcst
BENJAMIN TALIAFERRO, Pref dent of the Senate.
GEORGE MATHEWS, Governor.
December 16, 1794.
Part of Greene
An act for adding part of Greene county to Oglethorpe county , and for other pur p of es.
BE IT ENACTED by the Senate and Houfe of Reprefaitatives of the fate of]
Georgia in General Affembly met, That all that part of Greene county, eon-^^eto0^
tained in the following boundary, be added to Oglethorpe county — beginning at the
Cherokee Corner; thence along the line dividing Franklin from Greene to the Oco-
nee River; thence down the faid river to the mouth of Falling Creek; thence north
fixty degrees eaft, till it fhall interfect the line running from the head of Ogechee to
the Cherokee Corner. And that the county furveyor of Oglethorpe be directed, Dividing i;n<
• 1 • 1 1 r • 1 1 • to be run in
within two months, to run the laid line. two months
THOMAS NAPIER, Speaker of the Houfe of Reprefentatives.
BENJAMIN TALIAFERRO, Prefident of the Senate.
GEORGE MATHEWS, Governor.
December 25, 1794.
lssionera
of court-house
An act to tfablifh and male permanent the feat of the public buildings in the counties
of Scriven and Bryan.
1. T)E IT ENACTED by the Senate and Houfe of Reprefentatives of the fate ofComm
JL3 Georgia in General Affembly met, and by the authority of the fame, That the %l jSVn
feat of the public buildings in the county of Scriven, fo far as relates to the court- Scnven-
houfe and jail, fhall be in the centre of faid county, or fuch other place as may be
adjudged moft convenient for the citizens thereof, by James H. Rutherford, Fran-
cis Jones, Martin Martin, Anthony Burneil, fen. and Stephen Pearce, or a majority
of them.
2. And be it further enacted, That the faid James H. Rutherford, Francis Jones, shallha8C
Martin Martin, Anthony Burneil, fen. and Stephen Pearce, or a majority of them,
fhall be, and they are hereby fully authorized to purchafe, or otherwife procure; a
land for that
purpose.
174 COUNTIES, COURT-HOUSES AxND JAILS.
title in fee fimple for fuch lot of land as they, or a majority of them, mall judge
moft convenient for the feat of the aforefaid public buildings, containing not lefs
than five, nor more than fifty acres, in truft, to and for the ufe of the faid county
of Scriven, and to let the building of a court-houfe and jail thereon to the lowefl
bidder, firit giving twenty days' public notice of fuch intentions.
S'Se'hetoin6 3' ^e it further enabled, That the houfe of Benjamin Warren, fhall be confidered
thcmtainimc. as tne court-houfe of the aforefaid county, until the aforefaid buildings fhall be com-
pleted, and no longer; and that all monies which fhall be nec<jffary to carry this a£t
into execution, fhall be provided for by the inferior court of the aforefaid county,
by expofing to fale fuch part of the foregoing lot of land as they may think proper, or
otherwife, purfuant to an act in fuch cafes made and provided,
infetiofcout* a. And be it further enacted. That the iuftices of the inferior court in the county
to establish the ■** / »t J J
fufbufimn psu!n °^ Bryan fhall be, and they are hereby authorized and empowered to make perma-
Bryan county. nent tne feat of the public buildings in the faid county, at the crofs roads, about two
miles from Ogechee bridge, or at any other place within half a mile of the faid crofs
roads, any law to the contrary thereof in any wife notwithstanding. And that the juf-
tices of the inferior courts for the faid county of Bryan, be, and they are hereby em-
powered to make purchafe for ground fufficient for that purpofe: Provided the fame
fhall not exceed two acres, and that the fame be taken at a valuation of a majority
of the faid jufliccs.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives*
DAVID EMANUEL, President of the Senate.
Concurred February 1, 1797.
JARED IRWIN, Governor.
An act for fxing permanently the feat of the public buildings in the county of Mont-
gomery.
Preamble.
HERE AS in and by act of the legiflature of this Mate paiTed at Augiiita in the
year of our Lord one thoufand feven hundred and ninety-three, entitled " An
commissioners ac~t for laying out the feveral counties herein after named :" it was enacled, that Solo-
to fix on a plac: JO _ * '
["cmT™"Jmon Wood, John Watts, Francis Pugh, Bejamirt Harrifon, and Jeffe Embry, be ap-<
pubiicbuiid- pointed commiffioners for fixing on a proper place to ere£t a court-houfe and jail in
the county of Montgomery, and until fuch buildings be erected, the courts fhouid be
held at the houfe of William Neal : And whereas, it now appears by the reprefenta-
tives of the faid county, that the buildings are prepared for that purpofe at the planta-
tion of Arthur Lott on the Ohoofice, being the place affixed on by the aforefaid com-*
mifTioners.
Artiusr Loft's fie it therefore enacted by the Senate and Houfe of Reprefentatives of the fate of 'Geor-
gia in General Affembly met, That the courts, elections, .and other county bufinefs^
be hereafter traniacted at the plantation of the faid Arthur Lott.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, Prtfident of the Senate.
Concurred February 8, 1797.
JARED IRWIN, Governor;
COUNTIES, COURT-HOUSES AND JAILS. 175
An act to ejlabiijli and make permanent the feat for public buildings in the county of
Warren.
i, T> E IT ENACTED by the Senate and Houfe of Reprefentatives of the fate &/Permanerit SC3,:
JO Georgia in General Affembly met, and by the authority of the fame, That the per- ^""wa^
manent feat for the court-houfe and jail in the county of Warren fhall, and is hereby
declared to be, on a lot or parcel of land, on the plantation whereon Starling Gard-
ner now refides, which was pointed out and agreed upon by the late commiffioners
aupointed for that purpofe. Provided, That faid Starling Gardner (hall, within three
months after the paffing of this aft, well and truly execute and deliver a deed in fee
fimple, for feven acres of land, to be conveyed to the faid com million ers, herein af-
ter named and their fucceflbrs in office, to, and for the ufe of the faid county, to be
laid out in lots, and appropriated as the faid commiffioners may direct, fo as to carry
into full effeft a contraft heretofore made between the commiffioners of the faid coun-
ty and the faid Starling Gardner.
2. And be it further enacted, That the juftices of the inferior court of the faid coun- inferior court
ty and their fucceflbrs in office, are hereby declared to be commiffioners* of the court- misJU^i""1*
houfe and jail of the county aforefaid, and they or a majority of them are hereby
authorized and fully empowered to let the fame to the loweit bidder, after giving
thirty days' notice in three or more public places in the faid county, on fuch plan as
they may think proper, any law to the contrary notwithstanding.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives,
DAVID EMANUEL, Prefident of the Senate.
Concurred February 27th, 1797.
JARED IRWIN, Governor.
An act to repeal and amend an aft entitled " An act for laying out a new county from
that part of Scriven that lies fouth of Ogechee River and part of Bryan county " fo
far as refpefls the public buildings of Bullock county, for appointing commiffioners of
the court-houfe and jail, andfxing on a permanent place for their eflablifment.
1. T> E IT ENACTED by the Senate and Houfe of Reprefentatives of the fate of commissioners
JL3 Georgia in General Affembly met, and by the authority of the fame, That Drury permanent «#
Jones, Andrew E. Wells, Stephen Denmark, Jofeph Rogers, and John Cook, be, ^finBul"
and they are hereby appointed commiffioners, with full and ample powers to point
out and fix upon the moft fuitable and convenient place in the county of Bullock,
for erecting a court-houfe and jail thereon, and fuch place to be agreed on by them,
or a majority of them, fhall and the fame is hereby declared to be the permanent feat
of the court-houfe and jail for the faid county of Bullock.
2. And be it further enacted. That from and immediately after the expiration of the wmiamHetch
time appointed for holding the next term of the fuperior and inferior courts in and «**. c,nporary
for the laid county of Bullock, the fame fhall be held at the plantation and houfe of
William Fletcher, the fame being theprefent moft fuitable place, until a permanent
place be fixed on, and a court-houfe and jail be erefted in purfuance of this aft, any
thing contained in or done in virtue of the before recited ad to the contrary notwith-
standing, which faid before recited aft is hereby repealed, fo far as relates to the ob-
jefts of this aft.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives,
ROBERT WALTON, Prefident of the Senate,
Aflented to February 16,1799.
JAMES JACKSON? Governor.
176 COUNTIES, COURT-HOUSES AND JAILS.
An act for adding a part of Oglethorpe to Greene^ and a part of Greene to Oglethorpe.
1. T> E IT ENACTED by the Senate and Houfe of Reprefentatives of the fate of
JL3 Georgia in General AJfembly met, and it is hereby enacted by the authority of
tine dividing the fame, That a line fhall be run, beginning where Oglethorpe county flrikes the
tfesdcfinedvv river Ogechee; from thence along the line dividing Wilkes and Oglethorpe to Ar-
mour's ford on Little River; thence up the river to Sill's fork; from thence a dire£l
line to the academy meeting-houfe; and from thence in a ftraight line to the mouth of
Falling Creek, on the Oconee River.
wtoAtsodtb 2. And be it further enacted, That all that part of Oglethorpe, fouth and fouthweft
dedsatod G,"eene' °^ tne af°refaid nne, be added to Greene ; and all that part of Greene lying north of
rideto^gJc-1161 tne aforefaid line, be added to Oglethorpe, and that the county furveyor of Oglethorpe
thorpe. ke directed to run the faid lines as foon as may be. And each of the aforefaid coun-
ties to pay an equal proportion of the expence.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
ROBERT WALTON, Prefident of the Senate.
Aftented to February 16, 1799.
JAMES JACKSON, Governor.
An aU to amend an aB for adding part of Oglethorpe -to-Greene and part of Greene
to Oglethorpe.
i.T> E IT ENACTED by the Senate and Houfe of Reprefentatives of the Jlate of
Greenland^ -*-^ Georgia in General AJfembly met, and by the •authority of the fame, That the line
ogkthorpcde- dividing laid counties of Greene and Oglethorpe, (hall begin at the mouth of Sill's
fork of Little River; from thence to Richard Parker's houfe; from thence up the
main fource of Little River to Clay's bridge; from thence to Jofeph Moore's, fo as
to leave Robert Ruflel and Alexander Cummmg's in Oglethorpe; from thence a
ftraight line to the mouth of Falling Creek, on the Oconee River.
2. And be it further enacted, That all the above recited acl which militates againfl
this law is hereby repealed.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives,
DAVID EMANUEL, P; ejidtnt of the Senate.
Affented to November 30, 1799.
JAMES JACKSON, Goyerrtof.
An act for the better regulating the admeafurepit u 0 lur, . . ' ' flate, and
for other purpojes.
1, 2, 3, 4 and 5 Sections of this acl: regulating the admeafuremerit of luniber, re-
pealed by acl; of 1799.
to°fi^n*Lon«- 6. And be it further enabled by the authority aforefaid, That fo much ofanacipaf-
mSuiid-01 te& m tne year of our Lord one thoufand feven hundred and ninety- hx, fo far as
io!ntny^incoln refpefts the appointing of commiffioners for fixing on a fpot for a court-houfe and jail,
in the county of Lincoln, be, and the fame is hereby repealed ; and that Ifaac Ave-
fy, John Winne,, Duncan J3ohannon , John Mofs, and John Lockhart, be, and they
COUNTIES, COURT-HOUSES AND JAILS. Iff
&re hereby nominated and appointed commiffioners for fixing on a fpot for the court*
houfe and jail in the county of Lincoln ; and that a determination of the faid com-
miffioners, or a majority of them, (hall be binding in all cafes refpeQing the fixing
the court-houfe and jail for the faid county, any law to the contrary notwithstanding-.,
8. And be it further enabled by the authority aforefaid, That fo much of an aft pai- Andfo? the .
fed in the year of our Lord one thoufand feven hundred and ninety-fix, fo far as ref- fa J*
pe&sthe appointing of commiffioners for fixing on a fpot for a court-houfe and jail in
the county of Jackfon, be, and the fame is hereby repealed ; and that James Cun-
ningham, Owen I. Bowen, Thomas Barren, Jofeph M'Cutching, Abfalom Ramey5
Matthew Stone, and Micaj ah Binge, be, and they arehereby nominated and appoint-
ed commiffioners for fixing on a fpot, for ihe court-houfe and jail in the county of
Jackfon; and that a determination of the faid commiffioners, or a majority of them,
mall be binding in all cafes refpecling the fixing the court-houfe and jail for the faid
county; any law to the contrary notwithstanding.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, Prefdent of the Senate.
AfTented to February 2, 1798.
JAMES JACKSON, Governor.
An atl to efablifli a town in the county of Scrivch,
E IT ENACTED by the Senate and Houfe of Reprefentatives of the fate of
Georgia in General Affembly met, and it is hereby enacted by the authority of the
fame, That all that traQ of land which was conveyed by Solomon Grofs, efq. to the fccksonW
inferior court of Scriven county for public purpofes containing fifty acres on the wa'-S^S
ters of Beaver Dam Creek, (it being the feat of the public buildings in the faid county) th^uMc*1'
fhall be, and the fame is hereby confirmed as the feat of public buildings of Scriven saivm."1
county,, and fhall in future be known by the name of " The town of Jackfonborough."
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives,
ROBERT WALTON, Prefident of the Senate,
AfTented to Februarv 16, 1799.
JAMES JACKSON, Governor.
iAnaftfor vefing certain powers in commiffioners to pur chafe lands, and fuperintend
the building a court-houfe and jail in Bullock county.
E IT ENACTED by the Senate and Houfe of Reprefentatives of ihe fate ofcom^umj^
Georgia in General Affembly met, and by the authority of the fame, That Jofeph j£ooseta£ftr"fo£
Rogers, Drury Jones, Stephen Denmark, John Cook, and John Everett, be, and^t^cin
they are hereby appointed commiffioners vefted with full power to contfaft for and ^VuTpowerta
receive on the part of the county of Bullock not exceeding,one hundred acres of land, £nTerea public
for making permanent the feat of public buildings and to fuperintend the building a buildin'2s-
Court-houfe and jail thereon, and that they draw on the treafury for any monies that
Ti ow is, or may be hereafter appropriated for building a court-houfe and jail in the
£1
178 DAMS, RICE.
county aforefaid, and that in the interim the courts mail continue to be held and oth-
er public bufinefs tranfacled at the houfe of William Fletcher ; any law to the con-
trary notwithftanding.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives,
DAVID EMANUEL, Prefident of the Senate.
A {Tented to December 5, 1800.
JAMES JACKSON, Governor.
DAMS, RICE.
An aft to prevent damages arifing from dams or banks, and for preventing perfons from
flopping the natural courfe or courfes of water, to the injury of their neighbors.
Preamble. i. T 71 7HERE AS it hath become a practice for perfons to make dams or banks for
V V the referving or flopping of water, and at unfeafonable times to let off the
water fo flopped or reierved, to the manifefl injury of their neighbors ; to prevent
no person siuii therefore, fuch injuries for the future, Be it enabled, That from and after the pafling
courses asto of this aft, no perfon or perfons whomfoever, fhall be permitted or allowed to make
overflow ano- ' x J ' inn
tainsst their a" or keep UP anv dams or banks to flop up the natural courfe of any water or waters,
•urgent f0 as to overflow the lands of any other perfon or perfons, without the confent of
fuch perfon or perfons being firfl had and obtained ; nor lhall any perfon or perfons
whomfoever, ftop or prevent any water or waters from running off any perfon or per-
fons' field, whereby fuch perfon or perfons may be prevented from planting in feafon,
or receive any other injury whatfoever; nor fo as to turn the natural courfe of any
water or waters, from one channel or fwamp, to another, to the prejudice of any
neighbor or neighbors, or any other perfon or perfons whomfoever.
pelceeto°sum' 2' And be itfirther enabled, That in cafe any perfon or perfons fhall make or
hoMemofdee-' keep up any fuch dams or banks, to the injury of any other perfon or perfons, by over-
terfcompiaiii- flowing their lands as aforefaid, upon complaint made thereof by the party injured,
to any juflice of the peace for the diflricl where the offence fliall be committed, fuch
juflice fhall be, and he is hereby fully empowered, authorized and required, to fum-
mon five free holders of the laid diflrift, one of whom fhall be named by the faid
juflice, and two by each of the parties; and fuch free holders, being firfl fworn be-
fore fuch juflice to determine the matter juflly and impartially, fliall forthwith pro-
ceed to view the faid banks and dams: and the damage complained of, and immedi-
ately certify the matter as they fliall find it, under their hands, to the faid juflice ; and
in cafe an award fliall be given in favor of the complainant, the faid juilice fhall im-
mediately make an order to cut open the bank or dam, in fuch manner as to prevent
any further damage, the expence whereof, and all other expences attending the profe-
cution, to be paid by the offender,
^certltaedby 3* -^nd be it further enabled, That in cafe any damage fhall have been already fuf-
andpa?ahbydthr| tained by the complainant, either by fuch dams or banks being kept up, or by letting
offending par- Qff ar]y refervec[ Waters, the faid free holders fhall, upon view thereof, afcertain and
certify the fame, under their hands, to the faid juflice, which damages fo afcertained
the offender fliall immediately pay and fatisfy, to the party grieved, and in cafe of
neglecl or refufal fo to do in ten days, the faid damage, if it does not exceed the fum
of eight pounds, fhall and may be recovered in the fame way as debt and damages
DAMS, RICE. 179
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 free hold-
ers fhall be of opinion that fuch damages do exceed the fum of eight pounds, then
fuch damages (hall 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 con- proviso,
ftrued to fubject any perfon or perfons who fhall have made or caufe to be made,
or fhall make or caufe to be made, any banks or dams, to referve or flop water, to
pay any damages which may be fuftained by breaking of the faid dams or banks,
when occahoned by violent rains or floods, or when there may be an abfolute necef-
fity for cutting the faid dams or banks to prevent the breaking of the fame; and m
cafe any free holder fhall neglect or refufe to obey the fummons of the juftice, or
any other matter herein directed, fuch free holder mall (unlefs he can make a reafom
able excufe) forfeit a fum not exceeding five pounds, nor lefs than forty fliillings, to
be fued for and recovered by the act, entitled " An aft for the more eafy and fpeedy
recovery of fmall debts and damages," and to be applied, the one half to the inform-
er and the other half to his majefty, to be paid into the hands of the treafurer, for
fuch ufe and purpofes as the General AfTembly fhall think proper.
4. And be it further enacted, That the free holders fhall each be allowed for their cn™pci«»tion
trouble and attendance herein, the fum of five fliillings for each day's attendance oners'
the fame, to be paid by the party or parties offending.
5. And be it further enacted, That in cafe any perfon or perfons whomfoever fhall Personssueti
be fued or impleaded for any matter or thing committed or done in purfuance of the ^l&^f
directions of this act, it {hall and may be lawful for fuch perfon or perfons to plead rlniue? gert*"
the general iffue, and give this act and the fpecial matter in evidence; and in cafe the
plaintiff fhall become non-fuit, fuffer a difcontinuance, or a verdift fhall pafs againf|
him, the defendant fhall be allowed double cofts,
6. And be it further enacted, That this act fhall continue and be in force for the ContimmIon
term of three years, and from thence to the next feffion of the General Affemblys
and no longer,*
WILLIAM YOUNG, Speaker.
JAMES HABERSHAM, Prefidcnt.
September 29, 1773.
JAMES WRIGHT.
* Sec ad of 1787.
An act to regulate the opening of dams acrofs Rice grounds, and the making and keeping
dams for the refervoirs of water.
HERE AS the practice of making and keeping up dams, acrofs Rice grounds Pl.eaitlb!e.
for the purpofeof referving water thereon during the winter, and the want
of a proper law to afcertain the time when the fame ought to be opened, has been
attended with many inconveniences, and often times is the caufe of much contention;
for remedy whereof, Be it enacted by the freemen of the fate of Georgia in General Riceiuaut*
Affembly met, and by the authority of the fame, That every perfon who fhall keep \\Xhl°]at
water during the winter, upon grounds on which rice (hall be planted the enfu-Marctiy
jng fpring, ihall on or before the fifth day of March next, and on the fifth day of
180 DAMS, RICE.
°o%id"'forfedit- Marcn m eac^ year, open the dams which keep up the water, in a fufficient mannef-
idfOTocsiea. for letting off the fame; and if any perfon or perfons ihall negletl fo to do, on or
before the time aforefaid, he or fhe, fhall forfeit and pay the fum of one hundred
pounds for every fuch negleft, upon the complaint or information of any perfon or per-
fons through whofe land fuch water may pais; and it fhall and may be lawful for fuch
perfon to inform, and fue for the fame in any court of record in the county where
fuch offence is committed, and on conviftion, the one half thereof fhall be paid to
the informer, and the other half to the ufe of the poor of the laid county,
thieefree^id- 2' ^n^ ^e it further enacted by the authority aforefaid, That where any perfon has
opcn\1Imseand neglected to open his or her dam or dams in a fufficient manner for letting the water
.itmtuoi^" °ff the grounds before defcribed, on or before the fifth day of March in every year,
in manner aforefaid, it fhall and may be lawful for any perfon who may be affecled
thereby, at any time after the day aforefaid in every year, either by himfelf or herfelf,
or his or her overfeer, agent, attorney or truftee, to apply to any magiftrate in the
diftricl for a warrant of furvey, who fhall thereupon notify to the defendant the com-
plaint made againfl him, with the time and place of meeting, and fummons three free
holders, difinterefled perfons of the neighborhood or diftrifct where the caufe of
complaint fhall lie, one of whom mail be then chofen by the defendant, and in cafe
of his refufal, then by the magiftrate, another by the complainant, and the third by
the magiftrate, who (being firft fworn before the magiftrate to determine the matter in
difpute juftly and impartially) fhall forthwith proceed to view the obftru£lions com-
plained of; and if on view thereof the faid free holders, or a majority of them fhall
be of opinion that fuch obftruclions do or may prevent the party complaining from
planting his or her crop of rice in proper time, then and in fuch cafe it mail and may
be lawful for the faid free holders or a majority of them, to caufe the fame to
be immediately opened or removed in any way or manner, they fhall think necef-
fary for the purpofe of giving the moft effectual relief to the party complaining,
whereupon the defendant fhall be obliged to pay all expe;.* es attending fuch furvey :
#3vi»* Provided always, That nothing herein contained fhall extend or be conftrued to ex-
tend to impofe any penalty on any perfon or perfons, or to caufe his or her dams or
banks to be opened, who fhall have made through his or her own lands a fufficient
drain or drains (of which the faid free holders fhall be the judges) to carry off the
waters pafling through the fame, in as expeditious a manner as they could have paf-
fed through the natural courfes or channels, in cafe no fuch banks had been erefted.
flnaVbftmc-0" 3* And be it further enacted by the authority aforefaid, That it mall and may be
*ff"ui^iuT8ins lawful for any perfon, at any time between the faid fifth day of March and the firft
■water, fay Qf November in every year, to apply in manner aforefaid for a warrant of fur-
vey, on any obftruQions which he or fhe may conceive to impede the conveying of
any furplus water on his or her rice grounds, and which by remaining thereon may
prove any way injurious, or fhall at any time hereafter make or keep up any dam or
darns which fhall flop the courfe of any water, fo as to overflow the lands of any other
perfon or perfons whatever (without the confent of fuch perfon or perfons firft had
and obtained,) and which fhall be injurious to the faid perfon or perfons, then in ei-
ther of fuch cafes, the faid magiftrate and the free holders by him appointed, fhall
•ioviso. proceed in the fame manner as is direftcd in the foregoing claufe: Provided alzvays,
That if in either of the cafes laft mentioned the defendant fhall neglecl or refufe to
attend at the furvey to choofe a free holder as aforefaid, then the three free holders
who fhall have been fumraoned by the magiftrate fhall proceed to determine the
DAMS, RICE. 181
matter in difpute, in the fame manner as if the defendant had been preferit and had
chofen a free holder; which faid free holders fhall in both cafes certify to the faid ma-
giftrate, under their hands, what fhall have been by them done in the premifes ; the
expences attending which furvey fhall be paid by the party againft whom the award
of the faid free holders fhall be given.
4. And be it further enabled by the authority afore/aid. That if any perfon, either £f™£p<&,
by himfelf or herfelf, or by his or her overferr, agent, attorney or truitee, or fervants, £?ac"n£o0b-re'
or (laves, or any other perfon or perfons acling for him or her, fhall prefume to flop fweenX^th
up any dam or dams, or replace any obftruclions in any manner whatfoever, which ?heMtfrat 0? ju-
has or have been ordered to be opened or removed by any freeholders as aforefaid, two hundred""
or which has or have been opened or removed by himfelf or herfelf, or his or her hundred ana-
overfeer, agent, attorney or truftee, or by order of either of them, on the faid fifth wndenngtiie
day of March, until the firft day of July, every perfon fo offending fhall forfeit aneUams,&c.
pay the fum of two hundred pounds, to be recovered and difpofed of in manner
aforefaid. And if any perfon fhall prefume to obltruct, impede or otherwise hinder
or interrupt the opening of any dam or dams, or the removing of any obftructions
ordered to be opened or removed by the free holders as aforefaid, every perfon fo
offending fhall forfeit and pay for every fuch offence the fum of two hundred and fif-
ty pounds, to be recovered and difpofed of in any manner aforefaid.
a. And whereas the keeping refervoirs of water by infufficient dams, and the want r«Hu«k?ent
O L o ■/ '_ dams to he en-
of proper wafteways thereto, is frequently the caufe of fuch dams breaking and over- jf^"^^
flowing the fields of other perfons to their great damage: Be it therefore enabled by1™1^*
the authority aforefaid, That where any dam or dams have been made, or fhall here-
after be made for the purpofe of forming refervoirs of water, without a fufhcient
wafteway, and which now are or fhall hereafter be found inadequate to fuftain the
weight of water againft the fame, the owner of fuch dam or dams ft a 11 immediately,
or as foon as may be, caufe the fame to be enlarged and ftrengthened where they are
already made and are infufheient, and fuch as may hereafter be made to be erefted
in a fubftantial manner, with a fufhcient wafteway. And if any perfon fhall neglett
to ftrengthen his or her dam or dams already creeled for the purpofe aforefaid where
r.eceffary, or fhall hereafter ereft any dam or dams for the purpofes aforefaid, anci
which (in either cafe) in the opinion of three free holders, or a majority of them (to
be appointed and proceed in manner herein after mentioned, refpecting furveys of
dams acrofs rice grounds,) is or are not made and regulated in manner hereby pre-
scribed, every perfon fo offending mail, on complaint of any perfon or perfons liable
to be affefted thereby, and on convitlion thereof in any court of record in the county
where fuch offence is committed, forfeit and pay the fum of one hundred pounds
for every fuch offence which may be fued for, and if recovered, be difpofed of in man-
n er afo refaid . free ^iaer-!,a(-
lowcu two dol-
6. And be it further enabled by the authority aforefaid, That every perfon to be ^^1^
fummoned as aforefaid,. fhall be a refident in the county where his attendance fhall be
required, and who upon being duly fummoned and attending any furvey as aforefaid,
fhall be entitled to receive the fum of nine fhillings and four-pence per day each for
every fuch attendance, to be paid by the perfon againft whom the verdi<fb of the
free holders fhall be given; and in cafe of the non-attendance of any perfon a refi-siiaii forfeit ten
denl, and fummoned as aforefaid, (unlefs prevented by ficknefs or fome reafonable^instoau
excufe to be made upon oath? to the fatisfaclion of fuch magiftrate) then and in fuch ^mokTa.
i8* DEBTORS, INSOLVENT.
cafe every fuch perfon fo neglecting to attend when fumraoned as aforefaid, fhali for-
feit and pay the fum of ten pounds per day for every Rich neglect or reiufal.
By order of the Houfe,
WILLIAM GIBBONS, Speaker.
Augufta, February 10, 1787.
DEBTORS, INSOLVENT.
An aft for the relief of debtors zoho may be confined in jail, and are unable to f up port
themf elves during fuch their confinement.
preamble, TTT 7HEREAS it often happens that debtors are confined in jail, and are through
\\ inability to fupport themfelves during their confinement, reduced to great
diltrefs and want, and are alfo often confined, as well by the obftinacy of their cred-
itors, as by their incapacity to pay their debts.
insolent debt- *• Bt it enacted, That immediately after the pairing of this aft, any prifoner or
SwSSwtaT prifoners charged in execution or imprifoned for any fum or fums of money, and be-
ing 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 petition the laid chief
juftice or juftices may, and are hereby required by order or rule of the court, to
caufe the prifoner to be brought up, and the feveral creditors at whofe fuit he, fhe, or
they are charged or imprifoned, as aforefaid, to be fummoned to appear perfonally,
or by their attorney in court, at a day to be appointed for that purpofe, and upon the
day of fuch appearance, if any of the creditors fummoned refufe or neglect to appear,
upon affidavit of the due fervice of fuch rule or order, the court fhall in a fummary
way examine into the matter of fuch petition, and upon fuch examination the court
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 per-
fonal eftate, debts, credits, or effects, fuch perfon fhall deliver to the court, before
TJveiroath. the tender of fuch oath, an account thereof. " I, A, B, do folemnly fwear, in the
prefence of Almighty God, that I am not poffefred of any real orperfonal eftate, -
debts, credits, or effects whatfoever, (my wearing apparel, bedding, for felfand fa-
mily, and the working tools or implements of my trade and calling excepted) where-
with to maintain or fupport my felf during my imprifonment, (other than are contained
in the fchedule now delivered) and that I have not directly or indirectly, fince my im-
prifonment, or before, fold, leafed, affigned, or otherways 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 pro-
ereditormay fit to myfelf, or my heirs. So help me God." — And in cafe the prifoner fhall in court
pVisoneT.'by e take the faid oath, and the creditor or creditors fo fummoned and being in court as
lyl\"A^nc7of aforefaid, fhall notwithstanding, infift upon his or her being detained in prifon, fuch
creditor or creditors fhall agree by writing, under his, her or their hands, to pay and
allow a weekly fum not exceeding feven fhillings per week, unto the faid prifoner, to
be paid weekly, fo long as he or fhe fhall continue in prifon, at his, her, or their fuit,
and on refufal of entering into fuch agreement, or on failure of payment of fuch
DEBTS, OUTSTANDING EVIDENCES OF. 183
weekly fum, the faid prifoner fhall forthwith and upon application to the court, be
difcharged, by order of the court, and fuch order fhall be a fufficient warrant to the
provoft marfhal, jailor, or keeper of fuch prifoner, to difcharge the faid prifoner if
detained for the caufes mentioned in his, or her petition, and no other ; and he is here-
by required to difcharge and fet him or her at liberty forthwith, the prifoner paying
his or her fees, nor fhall the provoft marfhal or jailor be liable to any aftion of ef-
cape, or other fuit, or information upon that account : Provided, That this act fhall J^J^f
not extend or be conftrued to extend, to entitle to fuch maintenance as aforefaid, or %£$*&* la~
to difcharge any debtor or debtors whofe trade or occupation may or can be carried pri,°"'
on, and can find fufficient employment within the limits of the jail in which he fhe or
they may be confined, by means whereof a fufficient fubfiftence may or can be earn-
ed by him her or them.
2. Provided alfo- and be it further enacted. That if any fuch perfon who fhall take Persons convic
-» -^ . • ted. of perjury
fuch oath as aforefaid, fhall, upon any endiftment for perjury in any matter or particu- ™*^£$*
lar contained in the faid oath, be convicted by his or her own confeffion, or by ver- §gj°g«*«
dift of twelve men, as he or fhe may be by force of this aft, the perfon fo convifted ^fsbi™e.fit0*
fhall ftand in the pillory for the fpace of two hours, and fhall never after have the
benefit of this aft.
3. And be it further enabled, That this aft fhall be and continue in force for one continuation
year, and from thence to the end of the next feffion of the general affembly, and no
longer.*
ALEXANDER WYLLY, Speaker.
JAMES HABERSHAM, Prefident.
JAMES WRIGHT.
March 6, 1766.
* Doubts are entertained whether this ac~t has any operative force fince the figning of the prefent confti-
tution.
DEBTS, OUTSTANDING EVIDENCES OF.
An aB for calling in the outjlanding evidences of debts due from this fate, and for if-
fuing new ones in lieu thereof, under proper checks and reflritlions.
1. T If-THEREAS abufes may arife from a variety of certificates for debts due by Pfeambie.
V V this ftate having been iffued without proper checks: Be it therefore enacted, ^""^"e"
That every perfon or perfons holding any certificate or certificates, iffued by either or ^"general
any of the auditors or treafurers of this ftate, as well for funis of money due and ,Tehwone"£su8
owing from the ftate, as for bounties of land iffued in favor of the late ftate troops, heuthereof-
fhall, within two years from and after the palling of this aft, return the faid certifi-
cate or certificates to the comptroller general, who fhall file the fame in his office of
record, and ilfue to the holder thereof his certificate for the like amount in lieu there-
of: Provided, The faid certificate or certificates returned as aforefaid, fhall appear to the ceSfkato'be
entire fatisfaftion of the faid comptroller general, to be a genuine certificate or certifi-
cates, iffued by one of the auditors or treafurers of the ftate agre-able to law, or a
concurred refolution of the General Affembly. And provided alfo, That nothing in
this aft fhall extend to authorize the faid comptroller general to receive any certificate
or certificates under the fignature of Wade and O'Bryan, or to iffue his certificate in o^ryan^ctr-
lieu of fuch certificate or certificates under the fignature of the faid Wade and O'Brvan. ^»te,*eeP"
184
DEBTS, OUTSTANDING EVIDENCES OF.
Counterfeit
certificates to
be defaced.
2. And be it further enabled, That in cafe any certificate or certificates iffued by
any of the auditors or treafurers as aforefaid, which (hall be prefented to the faid
comptroller general, fhall appear to him to be counterfeit, he mail deface fuch certifi-
cate or certificates, by writing in large letters the word " Counterfeit'" on the face of
the faid certificate or certificates, and retain and file the fame in his office, and mail
not iffue any certificate in lieu thereof.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, President of the Senate.
Affented to February 2d, 1798.
JAMES JACKSON, Governor.
An abl further explaining and defining the duties and powers of the comptroller* *
general.
premie. 1< ~\K 7HEREAS great abufes have arifen, and the ftate hath fuftained many loffes
V V in the revenue for the want of a proper officer to compel perfons entrufted
with the collection and care of public monies, to account for the fame: Be it there-
fore enabled by the Senate and Houfe of Reprefentatives of the fate of Georgia in Ge*
Duty ami pow-«era/ Affembly met, That the comptroller general fhall, from and after the palling of
troue, general, this a£t, keep fair and accurate accounts, ihewing the feveral appropriations of mo-
ney, examine and check all governors, prefidents and fpeakers' warrants, and charge
the amount thereof to the funds on which they may be refpeclively drawn, previous
to their being prefented to the treafurer for payment; examine and correct all returns
of taxable property, fettle with the feveral tax collectors and all other perfons indebted
to the ftate, and in all cafes where payments may be made at the treafury, give re-
ceipts for the fame, founded on the treafurer's certificates, which certificates fhall
fpecially fet forth the amount, on what account, and by whom paid> and be lodged
as vouchers in the comptroller's office.
powrofthe 2- *$nd be it further enacted by the authority aforefaid. That all the powers hereto-
^i'ingi'ubiic01 "tore veiled in the treafurer, to enforce the collection of public monies, fhall be, and
momes. ^ faire js hereby declared to be veiled in the comptroller general.
3. And whereas there are Poll outftanding many certificates, land-bounties, and
other evidences of debt, which have been iffued in a vague and unguarded manner,
and have not been renewed under proper checks, as required by an act paiied at Lou-
ifville, on the fecond day of February one thoufand feven hundred and ninety-eighty
" for calling in the outllanding evidences of debts due from this ftate, and for iffuing
new ones in lieu thereof, under proper checks and reftrictions."
An certificates, Be it therefore enabled by the authority aforefaid, That all certificates, land-bounties,
ed in twoeyearS and other liquidated evidences of debt, fpeciallv defignated in the faid recited act,
pursuant to an . , * . * 1 ■ r •< i . , . , f
^aotse ... ,',.f whicn mail not be renewed m manner and form therein preicnoeel, witnin the term or
JFe ruai ft 70S 1 i i l
Indforeve?" two years? ""om ana a^er tne paffing of this act, fhall from thenceforth be deemed
feed. fraudulent and I s.ever barred.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, Prefident of the Senate.
Affented to December 5, 1799.
JAMES JACKSONj Governor,
DEER. 1$$
An aU to prevent the pernicious practice of hunting deer in the night Unit by ji re- -lights
l. T3 E IT ENACTED by the Senate and Houfe of Reprefenialives of the /late of^^nr:.
jL3 Georgia in General Affembly met, That from and immediately alter tile paff- flitM-f*;
ing of this att, any perfon or perfons who fhall hunt with a gun by fire-light, or kill
any deer fo hunting by fire-light in the night time, without his or their own enclofures,
any fuch perfon or perfons, being convicled upon the oath of one or more credible
witneffes, before any juflice of the peace for the county where fuch offence fhall be
committed, fhall for every fuch offence forfeit and pay not exceeding the fum of five
pounds, one half thereof fhall be paid to the informer or informers, and the other one haifto the
half into the clerk's office of the inferior court, and to be applied to the ufe of the oVc"\o'thVc
poor of the county where fuch offence mall be committed.
2. -And be it further enacted, That the forfeitures incurred by this a£l as aforefaid, Zl™tif d*
fhall be levied by diftrefs and fale of the offender's goods and chattels, lands and te- tress
nements, by warrant under the hand and feal of the juflice before whom the perfon
or perfons fo incurring fhall be convifted, returning the. overplus, if any, to the
owner or owners thereof, after deducting the faid penalty or forfeiture and lawful
charges; and in cafe the perfon or perfons fo offending and convifted fhall not have offenders una-
goods and chattels, lands or tenements, fufheient to anfwer fuch forfeiture and charges, reaivft&rty.
it fhall and may be lawful for fuch juflice, to order fuch offender or offenders fo
convicled, feverally to receive not exceeding thirty-nine lames well laid on his or
their bare back.
3. And be it alfo enacted, That this (hall be deemed a public a£l and given in evi-pubneaa.
dence.
JOSEPH HABERSHAM, Speaker of the Houfe of Reprefentatives.
NATHAN BROWN SON, Prefident of the Senate.
EDWARD TELFAIR, Governor.
December 10, 1790.
4 * * 6 * # 9 S
DEPRECIATION, SCALE OF.
An del to df certain the various periods of depreciation for the government and regula-
tion of all and every perfon or perfons whom the fame may concern.
WHEREAS it is expedient and heceffary in order to fettle and adjufl the vari- preamble,
ous accounts fubfifling as well between the public and its debtors and credit-
ors, as between man and man, and the inhabitants of this flate, and others con-
cerned in tranfa&ions of bufinefs firice the preferit war ; that fome flandard of depre-
ciation by comparifon between the money formerly circulating, and fpecie, fhould be
firft afcertained and eilablifhed by law, fo that one uniform courfe of juflice take place
throughout this flate, And whereas a fcale or table fixing the depreciation of
different periods of paper currency by comparifon with fpecie, hath been framed and scaieofdepr©-
1 11 * j l 1. J cation hcrcmi"
laid before this houfe which appears to be founded on principles of juflice and equity, ^'^uo'he
Be it therefore enacted by the reprefeniatives of the freemen of the flate of Georgia in tcf^tmlfi
General Afjembly met, and by the authority of the fame. That the fcale or table of depre- tueTel^afpT'
X ,, nods therein
** " Bi'entiuncd.
i86 DEPRECIATION, SCALE OF.
ciation framed as aforefaid (a copy whereof is hereunto annexed duly certified by the
fpeaker of this houfe) be, and the fame is hereby declared to be, the ftandard of de-
preciation at the different periods therein mentioned of paper currency (by compan-
ion with fpecie) circulating in and throughout this (late ; and all judges, juftices, ju-
ries, auditors, and others are hereby enjoined and required to regard the laid deprecia-
tion table hereunto annexed, as the true ruleof government, in the fettlement of all ac-
counts and other tranfaflions, (pecuniary or otherwife) which fhall come before
them, or any of them, and to conduct themfelves refpe&ively according to the true
intent and meaning of the fame.
yaMicsa. 2. And be it further enafied, That this aft mall be confidered as a public act, and
taken notice of as fuch in all courts whatfoever within this ftate, without being fpecial-
]y pleaded.
By order of the Houfe,
N. W. JONES. Speaker.
Savannah j February 17, 1783.
DEPRECIATION.
A TABLE OF DEPRECIATION
187
For fettling contra&s and debts made or due in Georgia currency, from the firft of January, one
thoufand feven hundred and feventy-feven, to the fu-ft day of June, one thoufand feven hundred and
eighty. And in continental currency, from the ftril day of January, one thoufand feven hundred and
ieventy-feven, to the firft day of January, in the year of our Lord one thoufand feven hundred and fe-
5-enty-nine.
(£IT Thofe figures on the right hand, in each column, are tenths.
*777-
January.
n u a v y .
March.
9I420 7
10 422 8
I1I424 Q
■t .1- >
12I427
13)429 I
'-4J431
r"5 433
l6|435
r7j437
18:439
19I441
20)443 7
338 8I21 445 8
340 8 1 22 447 8
342 8 23 449 9
" 24I452
251454 1
456 2
458 3
May.
2|53r
3I531
4j 53 c
5 53°
6153°
7 1 53°
8153°
9 53°
to 530
11I530
53°
53°
53°
227
1:8
9\y
June_
~ 526 7
5-6 7
526 6
526 6
53°
53°
529
529
529
529
529
529
529
529
529
529
529
529
529
528
June.
528
528
528
52S
528
528
528
528
528
528
527
527
527
527
527
527
527
527
527
527
527
527
526
526
26j526
Jul*
1 1526
2 526
3 526
4!526
5I527
527
527
527
528 3
528 5
528 7
15J52S 9
14(529 1
529 3
529 5
529 7
529 9
53° *
53° 3
53° 5
53°
53°
53 f
53i
53i
53t
531
532
53 2
532
Auguft.
M532 7
2 53s 9
31533 *
533
533
533
533
534
534
534
534
534
535
535
535
535
535
lb!
DEPRECIATION.
The Table of Depreciation continued.
23 547
DEPRECIATION.
189
THE TABLE OF DEPRECIATION
For felling contracts and debts due in continental currency, from the mil day of January, one
ihoufand feven hundred and feventy-nine, to the firft day of January, one thoufand feven
hundred and eighty.
1779.
January.
February I April. 1 June.
23
798 3'24
803 3125
808 4'-*
s-l 5
5 8,8 5 28.1117 6
6 823 6
J9
02a 7
833 7
838 s
843 9
17
29
1087 5
t°93 5
1099 5
n°5 5
mi 5
March.
15I1290
l6j 1289
17112S9
18 1288
!^3
1287
1287
1286
854-
859 1
864 2
869 3
874 3
879 4
884 5
829 5 11
894 6 12
899 713
904 7 14
909 815
914 9 16
920 17
925 18
930 419
935 220
940 2 21
945 3 22
95° 423
Februar
_yi25
955 526
961 527
967 528
973 5i29
979 5 3°
985 5|3i
99* 5
997 5
1003 5
1009 5
1019 5
1021 5
1027 5
Io33 5
I039 5
I045 5
1051 5
^57 5
1063 5
1066 5
io75 5|i3
1081 5I14
i23 7
129 2
134 8
140 3
J45 9
151 4
<57
161 5
168 1
173 6
179 2
184 7
190 3
J95 8
201 4
206 9
212 5
218
223 6
229 4
234 7
240 2
245 8
251 3
256 6-
262 4
268 2
273 5
279 1
284 6
290 2
April
1295 7
Ji95 3
1294 9
1294 5
1294 1
I293 7
I293 3
1292 9
1292 5
1292 1
1291 7
i29r 3
1290 9
1290 5
24J1286
25|l286
.6 1285
1285
1284
1284
1284
6
7 7
3
9| 9
5 1°
1 11
7 12
3 *3
9 J4
5\l5
1 16
7 z7
3
9
5
May.
J9
284
286
287
288
290
29I
293
294
295
297
298
3OO
30I
302
3°4
3°5
3°7
308
3°9
3"
312
3i4
3l5
316
318
3*9
321
322
323
325
23
24
6|25
It
4,27
4
8|n
June.
1326
x333
1340
I347
1354
361
368
375
382
339
397
404
411
418
425
432
439
446
453
460
467
474
401
48 3
495
502
5°9
516
523
53°
537
542
55i
564
573
582
591
601
610
619
628
637
646
655
664
673
682
691
700
709
1*3
727
736
745
755
764
773
782
791
1 23 4759 4
4770 9
794 4
811 9
82 :j 4
846 9
4864 4
March
T1I88T5
24912 8
3'4943 2
4J4973 6
5 5003 9
6 5034 3
7 5064 7
8,5095 4
95l25
10 5'55
11 5186
1252:6
1 3' 5246
Hte^fi 3
J5 'S3°6 7
l6;5337 *
x7 5367 4
18 5397 8
19 5428 2
20 5458 6
215488 2
22:55J9 3
23!5549 7
245580 1
25J5610 4
26 ^640 8
3i
5 70i 5
573' 9
5762 3
5792 7
April.
3 5824 1
2 5899 4
3 5974 8
4^6050 1
5,6t25 5
April.
5,6879 2
16 1^954 5
17I7029 4
18J7105 3
19I71 80 6
20J7256
2i|733' 4
22 I 7400 7
23 7482 i
24[7557 5
25.7632 8
261,708 2
-7 1 7783 6
28I7858 9
29J7934 3
3018009 7
Ma
1 8085 1
2'8c86
3!8o87
48087 5
5^8cS8 5
6 .'8089 4
7 8090 3
8 8091 7
9J8092 7
8093 6
8094 6
8005 6
8096 5
8097
§o^8
8099
8 100
8102
33
8104
8.05
8106
8107
8108
8i08
9
27 8109 9
28 8 no 8
_,29 8m 8
6 6200 9J30 81 12 7
7J6276 2J3118113 7
8635> 6
96427
io;65o23
11)6577 7
1 2 6653 1
1367284
14,6803 8
Certified this 17th day of February, 1783.
By N. W. JONES, Shaker,
190
DIGEST.
Secretary of
state with two
commissioners
to digest and
arrange the ex-
isting laws of
the state.
And report the
same to the
governor.
If approved of
by the govern-
or, one thou-
sand copies to
be printed by
the secretary
under the direc-
tion of the
executive.
Eight hundred
copies distribu-
ted among the
several coun-
ties of the
state, by the
executive.
An act to carry into effect the eighth feblion of the third article of the conjlitution.
13 E IT ENACTED by the Senate and Honje of Reprefentaiives of the. fate of
Two hundred
remaining
copies subject
to the disposi-
tion of the
state.
Laws passed
in future, to
be printed, &
distributed in
the same nian-
ner.
Georgia in General Affembly met, and by the authority of the fame, That for
the more general promulgation of the laws of this ftate, the fecreury of ftate, with
two commiffioners who fhall be appointed by the lcgiflature for that purpofe, mall ex-
amine into, digeft and arrange the feveral laws thereof, now in force, and report the
fame to his excellency the governor, who fhall approve or disapprove of the fame.
2. And be it further enabled, That if his excellency the governor mall approve of
fuch digeft of the laws of the ftate as may be reported to him, in purfuance of this act,
that then the fecretary of itate, fhall, under the direction of the executive thereof,
caufe to be printed in a quarto bound volume, or volumes, one thoufand copies of fuch
digeft of the laws of this ftate, as may be reported by the aforefaid commiflioners and
fecretary of ftate in terms of this acl.
3. And be it further enabled, That eight hundred copies of the aforefaid volumes
of the digeft of the laws of this ftate fo reported and approved of as aforefaid, fhall
be diftributed by the executive among the refpeciive counties of this ftate, agreea-
bly to the rule laid down by the conftitution for apportioning the reprefentatives
among the feveral counties. And the proportion which fhall be fo affigned to the
refpeclive county, fhall be tranfmitted by the executive to the juftices of the inferior
court of fuch county, by whom the fame fhall be diftributed, in fuch manner as the
laid juftices may deem moft proper for the general information of the citizens.
4. And be it further enabled, That the remaining two hundred volumes of the afore-
faid digeft of the laws of this ftate, fo reported and approved of as aforefaid, fhall be
referved by the executive for the future difpofition of this ftate.
5. And be it further enabled, That the laws of this ftate which fhall in future be
paffed, fhall at the end of each fucceeding feffion, be printed and diftributed in
manner and form aforefaid.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, Prefident of the Senate.
AfTented to December 6, 1799.
JAMES JACKSON, Governor.
In Senate Wednefday December 4, 1799.
ESOLVED by the Senate and Houfe of Reprefentatives of the fate of Georgiain
General Affembly met, That it is the fenfe of the legiflature, that an appropria-
tion of two thoufand dollars inferted in the ad entitled " An aft for appropriating
money for the year eighteen hundred," in favor of Robert and George Watkins,
"was folely intended as an advance made to them to carry on a work which they
have reprefented to be a collection of the laws now in force in the ftate of Georgia,
and by no means, nor in any fhape, contemplated to eftablifh the fame as a digeft
or conftitutional arrangement of fuch laws; nor to give any legiflative fanction to
the fame, as a code to be received in the courts of law or equity of this ftate, refer-
ving the revifion, expulfion or fan&ioning the fame or any law thereof, to a future
ieflion of the legiflature.
Approved December 6, 1799.
JAMES JACKSON, Governor.
DAVID MERIWETHER, Speaker.
DAVID EMANUEL, Prefident.
digest. 191
In Senate, November 10, 1800.
YOUR committee appointed to prepare and report the form of a bill for the pur-
pofe of carrying into effeft the eighth feftion of the third article of the con dilution,
Report, That there is an aft; now in force to that effeft, . which appears to your
committee amply fufficient if carried into erreft, therefore recommend that it be re-
folved, that on Friday next the two branches of the legiflature will convene in the re-
prefentative chamber, for the purpofe of elefting two commiffioners to arrange and
digeft the laws of this ftate, purfuant to the faid aft, and that an appropriation be made
for that purpofe.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, President of the Senate,
In the Houfe of Reprefentatives November 24, 1800. — Read and Concurred.
Atteft, HINES HOLT, Clerk.
Atteft, WILLIAM ROBERTSON, Secretary.
Executive Department November 27, 1800.
Prefented and approved, eodem die.
JAMES JACKSON, Governor.
In the Houfe of Reprejentatives December 1, 1800.
RESOLVED, That the commiffioners appointed to digeft the laws of this ftate,
by joint ballot of both branches, do convene at the ftate houfe in Louifville,on
the eighth day of December inftant and proceed to the duties afligned them $ And be
it further refolved, That the faid commiffioners, previous to entering into the faid du-
ties, fhall take and fubfcribethe following oath or affirmation, to wit, " I, A, B, do
folemnly fwear, that I will to the bed of my power and ability, and agreeably to the
conftitution, revife, digeft and arrange, under proper heads the body of the civil and
criminal laws of this ftate, and that I will in no wife or manner whatfoever, infert in
the faid digeft, a certain ufurped aft, entitled " An aft for appropriating a part of the
unlocated territory of this ftate for the payment of the late ftate troops," and for other
purpofes therein mentioned, declaring the rights of this ftate, to the unappropriated
territory thereof, for the protection and fupport of the frontiers of this ftate and for
other purpofes. So help me God."
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, President of the Senate.
Extraft from the journals.
Atteft, HINES HOLT, Clerk.
WILLIAM ROBERTSON, Secretary.
Executive department, December 2, 1800, prefented and approved, eodem die,
JAMES JACKSON, Governor. -
In Senate, December 2, 1800.
ON MOTION.
RESOLVED, That his excellency the governor, be requeftedtodraw on the con-
tingent fundj from time to time in favor of William H, Crawford; George Watkins,
i§2 DIVORCES,
and the fecretary of ft ate, who are appointed to arrange and digeft the laws of this
Hate, for fuch fums as may be neceflary to enable them to comply with the truft r.epo-
ied in them : Provided, the fum fo drawn mall not exceed the amount of two thoufand
dollars.
Extract from the journal.
WILLIAM ROBERTSON, Clerk.
In the Houfe of Reprefentatives concurred.
GEORGE R, CLAYTON, for HINES HOLT, Secretary.
State-Houfe, Louifville, December 9, 1800*
WE do certify, that the within refolution was concurred in, and agreed to by both
branches of the General Aflembly ; but by fome neglect, appears not to have reached
the executive department before the riling of the legiflature, for the approval of the
governor, but which as a joint committee of both branches, we do now certify and
now pre fen t.
DAVID EMANUEL,
SOLOMON WOOD,
JOHN LAWSON,
B. WHITAKEL
Approved of.
JAMES JACKSON, Governor.
Extract of an act for appropriating money for the year 1802.
'HE fum of five thoufand dollars fubject to the order of the governor for
printing two thoufand copies of " Marbury and Crawford's Digeft of
the Laws of Georgia," which has been compiled and approved agreeably to the
direction of the act of the fixth of December one thoufand feven hundred and
ninety-nine."
Georgia, Secretary's office, February 22, 1802.
I do hereby certify that the above contains a true extract from an act entitled
w An act for appropriating money for the year eighteen hundred and two," paffed
the fifth dav of December eighteen hundred and one.
HORATIO MARBURY, Secretary.
DIVORCES;
An at~l to divorce or feparate Andrew M. ay bank and Mary his ivife^ and for protecting
each of them in their refpeflive ejlates.
trfdbetewee"" 1< "R E ^ ENACTED by the Senate and Houfe of Reprefentatives of the ftate of Geor-
b"ndkre^dMMa"ry -*-^ S^ in General Affe?nbly met, and by the authority of the fame, That from and
Mswife dissoi- immediately after the palling of this act, the matrimonial connexion, or civil contract
of marriage, made between the aforefaid Andrew, May bank, and Mary his wife, late
Mary Sandiford, fhall be completely annulled, fet afide, and diffolved, as fully and
legitimacy of effectually, as if no fuch contract had ever heretofore been made, and entered into Be-
tswuhedf1 twecn them except that the legitimacy of their children born during their faid late con-
tit
esta
DIVORCES,
-95
aexion or cohabitation with each other or within nine months thereafter, fhair not be
doubted or affected by fuch diffolution of the marriage civil contract, or myftical un-
ion, of the laid Andrew May bank, and Mary Maybank; but the faid children mall, And capable ef
and they are hereby declared to be capable of inheriting in common with others ofWywde-
T I r r • • 1 K r • 1 r i • r n • scent from bat*
equal aegree or conlanguinity, die eitates or either or their respective parents, orv«ents,&c.
other kindred in cafe of inteftacy.
2. And be it further enacted , That all the property real and perfonal, not by him property c«»-
or her fold or difpofed of, which the faid Andrew Maybank, received with, or ac- $e.
quired by or in virtue of his marriage, or union with the faid Mary; mail from hence-
forth be confidered as reftored to her the faid Mary ; and the faid property is here-
by declared to be completely, fully, and abfolutely., to all legal intents, vetted in, and
confirmed unto her, and toher heirs, executors, adminiftrators and affigns, forever.
3. And be it further enacted. That the faid Mary Maybank, is hereby declared to ^^f.*™*
be a feme-fole, and (he fhail not be allowed in future, on any pretence whatfoever, ^s-
to charge faid Andrew Maybank, his heirs executors, or adminiftrators, or his or
their eftates with any debts or dues of her contracting, or with any actions, of, or for
damages for, or by reafon of any tort, trefpafst or damage whatfoever, which may
hereafter be committed, or done by her the (aid Mary ; and me fhall not be entitled And nat™«-
to dower, thirds or other portion whatever, of or in the eftate of the faid Andrew May- i^heesta^ec
bank, or to any eftate, right, title, intereft, or claim therein, either in law or equity, drew!1
but fhall be confidered, and held as being barred, and as having forfeited the fame.
4. And be it alfo enacted. That the faid Andrew Maybank, and Mary May-ThewidAj(_
bank, fhall in future be held, and confidered, as diftinct and feparate perfons, alto- ^dared't*
gether unconnected, by any myftical union, or civil contract whatfoever, at any time LeParSa^er-
heretofore made or entered into between them. SOVv
WILLIAM GIBBONS, Speaker of the Houfe of Reprefentatives.
BENJAMIN TALIAFERRO, Prefi dent of the Senate.
GEORGE MATHEWS, Governor,
December 16, 1793,
An aH to divorce or feparate Ichabod Bulkeley, and Margaret his wife, and for protect-
ing each of them in their refpective efates,
1. 13 E IT ENACTED by the Senate and Honfe of Reprefentatives of the fate ofunm^tcw-
&3 Georgia in General Affembly met. and by the authority of the fame. That from ichabodBunfe-
l • J- 1 r 1 rr V ■ \ ■ o 1 • • l • • 1 ley and Marga-
and immediately after the palling of this act, the matrimonial connexion or civil con-retMs wu$
tract of marriage made between the aforefaid Ichabod Bulkeley, and Margaret his l ' -
wife, late Margaret Hall Jones, fhall be completely annulled, fet afide and diffolvedj
as fully and effectually as if no fuch contract had ever heretofore been made and en-
tered into between them.
2. And be it further enacted, That all property real and perfonal, not by him orPrapertyofyj?
her fold or difpofed of, which the faid Ichabod Bulkeley received with or acquired by S^-H*,
or in virtue of his union Or marriage with the faid Margaret, fhall from henceforth behw*
confidered as reftored to her the faid Margaret, and the faid property is hereby de-
clared to be completely, fully, and abfoiutely, to all legal intents vetted in, and con^
firmed unto her, and to her. heirs, executors, admittiflrators and affigns forever,
B b /
194
DIVORCES.
T>clared to be
a teme-sole.
And deprived
of the right of
dowerin thees-
late of the said
Jchabod.
The said Icha-
bod and Mar-
garet declared
to be distinct
persons.
3. And be it further' enabled, That the faid Margaret Bulkeley is hereby declared
to be a feme-fble, and fhe fhall not be allowed in future on any pretence whatsoever
to charge the faid Ichabod Bulkeley, his heirs, executors or adminiftrators, or his, or
their eftates, with any debts or dues of her contracting, or with any actions of or for
damages, for or by reafon of any tort, trefpafs, or damage whatsoever, which may
hereafter be committed or done by her the faid Margaret, and fhe fhall not be enti-
tled to dower, thirds or other portion whatever, of or in the eflate of the faid Ichabod
Bulkeley, or to any eftate, right, title, interefl or claim therein, either in law or equi-
ty, but fhall be confidered and held as being barred and as having forfeited the fame.
4. And be it further enacted, That the faid Ichabod Bulkeley, and Margaret Hall
Bulkely, fhall in future be held as diftincl: and feparate perfons, altogether unconnected
by any myflical union or civil contract whatfoever, at any time hereafter made or en-
tered into between them.
THOMAS STEVENS, Speaker of the Houfe of Reprefentatives.
BENJAMIN TALIAFERRO, Prefident of the Senate. -
JARED IRWIN, Governor.
February 8, 1796,
Masruge con-
tract, between
Walter Kil-
lingsleaand
Jane hi« wife,
tlissolved
Property con-
firmed to the
Said Jane.
Said Jane de-
clared to be a
feme-sole.
And deprived
of the right of
dower.
Said Walter &
Jane to be dis-
lincl per*ons
in law.
An act to divorce or feparate Walter Billing fea and Jane his wife, formerly fane
Watfon ; and for protecting each of them in their refpective eftates.
E IT ENACTED by the Senate and Houfe of Reprefentatives of the fate of
Georgia, in General Afjembly met, That from the paffing of this aft, the mat-
rimonial connexion and civil contract, of matrimony, made between the aforefaid
Walter Billingflea and jane his wife, fhall be completely annulled, and fet afide, and
diffolved as fully and effectually as if no fuch contract, had been made and entered in-
to between them.
2. Be it further enabled, That the real and perfonal property which has not by him
the faid Walter Billingflea and Jane Watfon been fold or difpofed of, which the faid
Walter Billingflea received with or required by or in virtue of his union with the faid
Jane Watfon, fh all from henceforth be confidered as returned to her theTaid Jane,
and the faid property is hereby declared to be completely and abfolutely to all legal
intents, veiled in and confirmed to her the faid Jane Watfon and her heirs, executors,
adminiftrators and afligns forever.
3. Be it further enacted, That the faid Jane Watfon is hereby declared to be a feme-
fole, and fhe fhall not be allowed in future on any pretence whatever, to charge the
faid Walter Billingflea, his heirs, executors, adminiftrators, or his or their eftate with
any debts or dues of her contracting, or with any actions of or for damages, for or by
reafon of any tort, trefpafs, or damages whatever, which fhall hereafter be committed
or done by the faid Jane Watfon ; and fhe fhall not be entitled to dower, of or in the
eftate of the faid Walter Billingflea, but fhall be confidered and held as being barred,
and as having forfeited the fame.
4. Be it further enacted, That the faid Walter Billingflea, and Jane Watfon, fliall
DIVORCES. 195
in future be held as diftinct and feparate perfons, altogether unconnected by any myft'i-
cal union or civil contract whatever.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, Prejident of the Senate.
JARED IRWIN, Governor.
February 10, 1797.
Art act to divorct Benjamin Butler, and Elizabeth his wife.
1.
E IT ENACTED by the Senate and Houfe of Reprefentatives of the fate of <£*£&£
Georgia in General Affembly met, and by the authority of the fame, Thatfrom ^Biltfertndr
and immediately after the paffing of this act, the matrimonial connexion or civil con- wifobethhls
traft of marriage made between the faid Benjamin Butler and Elizabeth his wife, for-
merly Elizabeth Anfley, fhall be completely annulled, fet afide and diffolved, as ful-
ly and effectually to all intents and purpofes, as if no fuch contract had ever hereto-
fore been made and entered into between them.
2", And be it further enacted. That all property real and perfonal not by him or her property of the
. 4 * said Elizabeth.
fold, or otherwife difpofed of, which the faid Benjamin Butler received with or ac- confirmed to
quired by or in virtue of his union or marriage with the faid Elizabeth, fhall hence-
forth be confidered as reflored to her the faid Elizabeth, and the faid property is
hereby declared to be completelyj fully and abfolutely to all legal intents, veiled in
and confirmed unto her, her heirs, executors, adminiftrators and affigns, forever.
3. And be it further enacted by the authority aforefaid, That the faid Benjamin But-Said Benj*m;n
ler and Elizabeth, in future fhall be deemed and confidered as diftinct and feparate S b/dktw*
perfons, altogether unconnected by any myftical union or civil contract whatever atperson
any time made or heretofore entered into between them.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives,
DAVID EMANUEL, Prejident of the Senate.
JARED IRWIN, Governor.
February n, 1797*
An act to divorce or feparate Henry Moore M' Donald and Mary his wife, and for pro-
tecting each of them in their feparate ejlates.
1. TVE IT ENACTED by the Senate and Houfe of Reprefentatives of the fate 0/™^^
X3 Georgia in General Affembly met, and by the authority of the fame, That from ^Mmf
and immediately after the paffing of this aft, the matrimonial connexion or civil con- M^yw'fwui
tract of marriage made between the aforefaid Henry MoOre M'Donald, and Mary his
•wife, late Mary Bacon Dixon, fhall be completely annulled, fet afide, and diffolved,
as fully and effectually as if no fuch contract had ever been heretofore made, and en-
tered into between them.
2. And be it further enabled, That all property real or perfonal not by him, or her propertycon-
fold or difpofed of, which the faid Kenry Moore M'Donald, received with or acquired ^Maiy, •
by or in virtue of his union or marriage with the faid Mary, fhall from henceforth be
confidered as reftored to her the faid Mary, and the faid property is hereby declared to
2
196 DIVORCES.
be completely, fully and abfolutely to all legal intents vetted in, and confirmed unto
her, and to her heirs, executors, adminiftrators and affigns forever
wuTbfa3" 3- And be it further enacted, That the faid Mary McDonald is hereby declared to
ftme-aoi«. j^ a feme.f0]e5 and flie ill all not be allowed in future on any pretence whatfoever,
to charge the faid Henry Moore M'Donald, his heirs, executors or adminiftrators,
or his or their eftates with any debts or dues of her contracting, or with any actions
of, or for damages, for or by reafon of any tort, trefpafs or damage whatfoever
which may hereafter be commenced or done by her the faid Mary; and (he fhall not
Arvddepn^rdf be entitled to dower, thirds or other portion whatfoever, of or in the eftate of the
*>wcrng tJ faid Henry Moore M'Donald, or to any eftate, right, title, intereft or claim therein,
either in law or equity, but fhall be confidered and held as being barred, and as hav-
ing forfeited the fame.
said Henry & 4, And be it further enacted* That the faid Henry Moore M'Donald, and Mary
»i»ci persoas.1 Bacon M'Donald, fhall in future beheld as diftin6l and feparate perfons, altogether
unconnected by any myftical union or civil contract whatfoever, at any time hereto-
fore made or entered into between them.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, Prefident of the Senate,
February 11, 1798.
JARED IRWIN, Governor.
An aBto divorce and feparate George Mathews and Margaret his wife, and for protect-
ing each of them in their refpebiive eflates.
Marri^e con- i. "OE IT ENACTED by the Senate and Houfe of Reprefentatives of the fate of'
between. X3 Georgia in General AJJembly met, and by the authority of the fame, That from
»hewS and Mar- and immediately after the palling of this aft, the matrimonial connexion, or civil
contract of marriage, made between ihe aforefaid George Mathews and Margaret
his wife, late Margaret Reed, fhall be completely annulled, fet afide and diffolved,
as fully and effectually as if no fuch contract had never heretofore been made and en-
A»d hew to be tered into between them; and they fhall in future be held and confidered as diftinft
fons.na per* and feparate perfons.
2. And be it further enabled* That all the property which the faid George Mathews,
Property of the , • i i ■ ' ■ p i_ • • • • i 1 r • l » *
laid Margaret may have received by or in virtue or his marriage or union with the laid Mar-
confirmed to J r \ 11 l 1 l r
her,cpn"it£ns§aret:' exccPl *uc" as may bave been appropriated to their mutual ule, or may
«heiietocm- have died, or been loft by unavoidable accident, ill all from henceforth be confider-
ed as reftored to her the faid Margaret, fubject neverthelefs to the following reftric-
tions and conditions, viz. the faid Margaret fhall account for and repay to the
faid George Mathews, all funis of money he may have advanced for debts due
from, or encumbrances on the eftate of Robert Reed, deceaied, or of her own
contracting, (of whom the faid Margaret was the widow and relict) likewife all
funis of Money that may have been advanced to her ufe prior to her marriage with
the faid George Mathews, and all fuch expenditures, as may have accrued to hmi
previous to removing the faid Margaret, and her property from Virginia to the ftate
of Georgia, including fuch difburfements as may have been made^ at her fpecial in-
ftance and requeft, with thofe incurred by removing her property to the ftate afore-
DIVORCES. 197
faid; alfo to pay and make good all monies advanced by him the faid George Ma-
thews, in difcharge' of fees and other expenditures on flits againft the eOate of
him the faid Robert Reed deeeafed, including all judgments that may be recovered
againft him on that account, the faid Margaret to account foj and make good all mo-
nies fhe may have received on any account whatfoever, or may hereafter receive by
virtue of an exifting decree of the worfhipful court of Augufta county in Virginia,
bearing date the 17th day of March 1796, and alfo make good any other fum, orfums
of money that may come into her poffeffion, cuftody or power, by any other de-
cree, or fuch fums as may come into the hands of any other perfon, or perfons for
her ufe, and to make good all damages done to the eftate or property of the- faid
George Mathews, by being fubjecl to any decree or order, or any court, obtained
at her inftance, giving at the fame time bond with approved fecurity to the faid
George Mathews, to indemnify him againft all claim or claims, that do now exift, or
may hereafter exift againft die eftate of the faid Robert Reed deeeafed, by any perfon
claiming as heir to him the faid Robert, or having any right of diftribution therein by
reprefentation or otherwife; alfo to indemnify the faid George Mathews againft any
debt or debts that (lie may have contracted fince the time of her abfenting herfelf from
the faid George Mathews, except fuch as may have been contracted with the houfeof
Gamble and Gratteu, in Staunton in Virginia, where fhe had a liberal credit extended
to her by the faid George Mathews, And provided alfo, That the faid George Ma-
thews fhall be accountable to her for all rents and profits that he may have at any time
fince the faid marriage received and applied to his ufe.
3. And be it further enabled, That the faid Margaret fhall be compelled to receive rrh. s-iciMar-
fuch of her property as now remain in Georgia, at the prefent place of refidence offewl&rpro/
the faid George Mathews : and to the end, that all matters of difpute and difference pSatjon of
may be finally and equitably adjufted, and that exorbitant fecurity may not be de- George.
manded of the faid George Mathews, It is hereby enabled. That the faid George Ma-
thews fhall appoint two difinterefted and qualified perfons, the faid Mrs. Margaret FhD'^'j^;
Mathews two other difinterefted and qualified perfons, and the governor of the ftate jnce9bf,v ..
1 r 3 o tween tlie aaia
one other difinterefted perfon, who, or a majority of them, fhall be authorized and^|^Ild
empowered to decide and fettle all matters of difpute, firft giving four months notice
to Mrs. Margaret Mathews of the time and place of their meeting for the purpofe
aforefaid, both with regard to any claims exhibited by the faid George Mathews, as
well as to the fufficiency of the fecurity to be given by the faid Margaret, and that fhe
may be the better enabled to comply with the terms of this aft;, the fecurity to be given
may be either citizens of Virginia or Georgia.
4. And be it further enabled, That the faid Margaret Mathews is hereby declared J^itf^T
to be a feme-fole, and fhe fhall not be allowed in future on any pretence whatfoever, feme'50le"
to charge the faid George Mathews, his heirs, executors or adminiftrators, or his or
their eftates, with any debts or dues of her contracting, or with any aftion of or for
damage, or by reafon of any tort or trefpafs whatfoever, which may be hereafter
committed by her the faid Margaret, and fhe fhall not be entitled to dower, thirds, ori^d0t^d.oi
other portion, of or in the eftate of the faid George Mathews, or to any eftate, right
or intereft or claim therein, but fhall be held and forever confidered as being barred,
and having forfeited the fame.
DAVID MERIWETHER, Speaker of the Houfe of Repreftntatives.
DAVID EMANUEL, Prefident of the Senate,
JARED IRWIN, Governor,
February 13th, 1797.
10 DIVORCES,
An aft to divorce, or fepar ate, Abner Mitchel, and Sally Mitchel; his ivife, formerly
Sally Mitchel, and for protecting each of them in their respective ejlates.
MaTi-iaee con- 1' T\ E IT ENACTED by the Senate and Houfe of Reprefentatives, of the /late of
beatwedenAh!d -*-* Georgia, in general affembly met, and by the authority of the fame, That from
alfdsfi'iyhu the palling of this aft, the matrimonial connexion and civil contract of marriage made
between theaforefaid Abner Mitchel and Sally his wife, (hall be completely annulled,
fet afide and diffblved, as fully and effectually as if no fuch contract had been made
between them.
2. Be it further enatled,Tha.t the real and perfonal property which has not by him,
57slny0cf»n-e the faid Abner Mitchel and Sally Mitchel, been fold or difpofed of, which the faid
Abner Mitchel received with or acquired by, or in virtue of, his union with the faid
Sally Mitchel, (hall from henceforth be confidered as returned to her the faicl Sally,
and the faid property is hereby declared to be completely, fully and abfolutely to all
legal intents, veiled in and confirmed to her, the faid Sally Mitchel, her heirs, ex-
ecutors and affigns forever.
And she decia- 3. Be it further enabled, That the faid Sally Mitchel is hereby declared to be a feme-
feme-sofe! fole, and fhe fhall not be allowed in future, on any pretence whatever, to charge the
faid A.bner Mitchel, his heirs, executors or affigns with any debts, dues, of hereon-
tracting, or with any actions of or for damages whatfoever which fhall hereafter be
Andbarredof committed or done by the faid Sally Mitchel, and fhe fhall not be entitled to dower
of, or in the eftate of the faid Abner Mitchel, but fliall be confidered and held as be-
ing barred and as having forfeited the fame.
siidAtuierand 4- And be it further enabled, That the faid Abner'Mitchel, and Sally Mitchel, fliall
th)"[|"/;iontl«!s" in future be held as diftinct and feparate perfons, altogether unconnected by any
myftical union or civil contract whatever.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, Prefident of the Senate.
JARED IRWIN, Governor.
February 13, 1796.
An act to declare null and void the contract of matrimony between Ignatius Gilpin and
Charlotte Vincent*, and to protect the faid Charlotte in her perfon and property.
preamble. i ,\ 7| ^HEREAS a certain Ignatius Gilpin impofed himfelf as a fingle man upori
"aft delved V V Charlotte Vincent, dffeme-fole, and procured her confent to a contract of
tiu^GiTpii^nd matrimony, which was afterwards confummated. And whereas, the faid Ignatius was
uwioftehw at tkat t-me redded to another woman, who was ftill alive and undivorced; by which,
the fecond contract was rendered null and void from the beginning. Be it therefore
enacted, By the Senate and Houfe of Reprefentatives of the irate of Georgia in Gene-
ral Affembly met, and by the authority of the fame, That the faid contract of matri-
mony between Ignatius Gilpin and Charlotte Vincent, fhall be, and the fame is here-
by declared to be null and void to all intents and purpofes, and in as complete a man-
ner as though the fame had never been made.
2. And be it further enacted, That from and immediately after the paffing of this
act, the faid Charlotte Vincent {hall be taken, and confidered as a feme-fole? enjoying
ELECTIONS.
the feparate protection of the law, in her perfon and property, and free from the con-
tra:!, and coercion of the faid Ignatius Gilpin, forever.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, President of the Senate'
AfTented to February 2, 1796.
JAMES JACKSON, Governor.
ELECTIONS.
An aft to regulate the general elections in thisflate, and to appoint the time of the meet-
ing of the General Affembly.
1. T3 E IT ENACTED by the Senate and Houfe of Reprefentatives of the fate of
-13 Georgia in General Affembly met, and by the authority of the fame, That all Elections for
elections for members to reprefent this ftate in the General Affembly thereof, and FprS^^S
reprefentatives in congrefs, fhall be held at the court-houfe or place appointed for he 3 atVife
holding the fuperior courts in the refpeclive counties, and the electors thereat fhall ™cir«u>nty-/1
Votes to oe
vote viva voce.* It fhall be the duty of any three or more of the magiftrates of each eivenwi*
J J O rvoct Three
county not being candidates, to prefide at, and make returns of all elections for fen a- ormore jus-
tors and reprefentatives in the General Affembly and reprefentatives in congrefs; and ^^2^
the fheriff of each county or his deputy is required to attend at fuch elections for the wsaa,^nd~'
purpofe of enforcing the orders of the prefiding magistrates, and preferving good or-
der. That the general eleftion fhall be held annually on the firft Monday in Ocfo- amSn the e
her, and the time for receiving the votes fhall be from fix o'clock in the morning fnro^™Sto
until fey en o'clock in the afternoon ; and when any doubts fhall arife with refpecf pSSSTw;
to the qualification of the voters, the following oath fhall be adminiftered : " I,;pdM°seat
A. B. do folemnly fwear or affirm (as the cafe may be) that I have attained to the ?»* of voters,
age of twenty-one years, have paid all legal taxes which have been required of me,
and which I have had an opportunity of paying agreeably to law, have refided fix
months within the county, and that I am a citizen of the United States, and an in-
habitant of this ftate."
2. And be it further enabled, That if the fuperintending magiftrates or officers at ^ft^S*-
fuch elections fhall make a fraudulent return, or they or cither of them while fuper- c^a'dat™*4*
intending at fuch election, or any candidate fhall influence or endeavor to influenceSsutodob-.
or perfuade any voter not to vote as he firft defigned or intended, or fhall take any un- forfeIt°one~un-
due means to obtain a vote, he or they fhall forfeit for the firft offence, one hundred tiieYmof-' J
-dollars, to be recovered by information in any court having iurifdiftion thereof* and ,-.■.'
. „ . . ■' . J r . . O J 7 Justices to be
if a juftice, fhall be forever difqualified from ferving in the commiffion of the peace • ^Xditefit
and if a candidate, fhall be thereby incapacitated from ferving in the poft or place for cai,acitaud«
which he may be elecled. That if any perfon or perfons whatfoever, fhall on any Ar,yPerScn
day appointed for holding fueh elections, prefume to violate the freedom of fuch r*mS
election by any arreft, menace or threat, or attempt to overawe, affright or force any voter on
any perfon qualified to vote, or offer any bribe to induce him to vote contrary to eieftuin.Vaf-
his inclination: or fhall after the faid election is over, menace or defpitefully ufe, any veteran,!
* k J ' shall he bound
ovtrr to thesu-
* Repealed by aft of 1799. p^or.'wwt.
200 ELECTIONS.
abufe or Intuit any perfon, becaufe he hath" not voted as he or they might have wifhed
him, every fuch perfon fo offending, upon fufficient proof of fuch violence or abufe,
menacing or threatening before any juftice of the peace, fhall be bound over to the
fuperior court, himfelf in one hundred dollars, and two fecurities in fifty dollars
each, to be of good behaviour and abide the fentence of faid court, where if the of-
f;";!feSk" fender or offenders are convicted of fuch offence as aforefaid, then he or they (hall
donir™Hicd respectively for each offence, forfeit a fum not exceeding one hundred dollars, and be
tS"dta?£2&' committed to jail without bail or mainprize, until the fame be paid, which faid fine fo
impofed (hall be recovered by writ of fcire facias or ca fa, iffued and ligned by the
clerk of faid court under and by virtue of the fentence of the fame*, and the fheriff
ooma"°enst hfe °f tne county is hereby required 'to levy fuch writ forthwith. That no civil officer
ilw'dayf80" mall execute any writ or civil procefs whatfoev'er, upon the body of any perfon
qualified to vote at any election as aforefaid, either in his journey to, or return from,
or during his (lay thereupon that account, under a penalty not exceeding five hun-
dred dollars ; Provided, he fhall not be more than four days on his journey going to,
returning from, and ftay at. the place for holding faid election, to be recovered of and
from the officer who fhall lerve any procefs or arrefl as aforefaid, after fuch manner
*rvedfonto- andform,and to be difpofed, of as herein before directed; and all fuch writs or civil pro-
d«ilrednuiY.' cefs executed on the body of any perfon either going to, returning from, or being at the
place, where fuch election is appointed within the time before limited, he being qualified ,
to vote thereat, are hereby declared null and void, that at the general election which fhall
Mcmhersto beheld for members of the General Affenvbly on thefirfl Monday in October onethou-
ted Dienniaiiy. fand eight hundred, and at every fecond general election thereafter, the electors at
fuch election fhall vote for members to reprefent this ftate in the Koufe of Repreien-
Their qualm- tatives of the United States. That no perfon fhall be elected a reprefentative in
congrefs, who has not been an inhabitant of this ftate three years next preceding his
election, and paid his tax regularly during that time; nor fhall behold any office of
profit under this (late, or the United States, during the time for which he may be elected
msoftiec- a reprefentative. That the names of the feveral candidates be kept on feparate pa-
tmed,°seaiedruP pers, and the number and the names of the voters fhall be fealed up together with an
presidinft'Tusti! accurate ftate of the poll under the hands of the prefiding magiftrates, and tranfmitted
ccut°ve,itnex"p by expi'efs to his excellency the governor, within twenty days after clofing the poll"
tc. dosing tile at fuch election, who is empowered to draw on the treafury for the payment of fuch
The ovemor expref^ not exceeding two dollars per day. That the governor or commander in
!hauVco1Stup chief, for the time being, fhall within five days after the expiration of the faid twenty
liecilretethenrer- ^ays herein before allowed for making returns, count up the votes from the feveral
^roctmaetlony counties, or fuch of them as may have made returns for each perfon, and immediate-
ly thereafter iffue his proclamation declaring the perfons having the highefl number
of votes and qualified as aforefaid, to be duly elected to' reprefent this ftate in the
Houfe of Reprefentatives of the United States, and to grant a certificate thereof un-
der the great feal of the ftate to each of them; Provided, no certificate or commiffion
frail iffue to or for any fuch perfon fo elected, until fatisfactory proof is produced
that the tax of fuch perfon has been regularly paid as above mentioned, and that he
perra°s0Lveorc has actually had the refidence herein prefcribed. That where any two or more perfons
thehigbest have an equal and the highefl number of votes, other than thofe duly elected in the
votes, ^'^so- general poll; men, and in that cafe the governor fha!l iffue his proclamation direct-
^aioafw *na a new election, that in cafe any perfon duly elected, being in this ftate and noti-
Timewithin fied thereof in manner herein directed, fhall not within twenty days, and if out of this
which accepts ■• • t " • ■ n 1 1
^be ftate within forty days after fuch notification, fignify his acceptance., or fhall depart
cations.
Returr
And gr.uit a
ce' tificate
thereof.
ELECTIONS. 201
this life, the governor or commander in chief, mail order a new ele&ion to be held in
like manner as herein before pointed out. That all writs of elections to fill vacancies ^*0%^
thatmay happen for members of the General Affembly of this ftate, or Houfe of Re- S,*^^
prefentatives of the United States, fhall be directed to the juftices of the inferior courts ^'1^1^'
of the refpective counties, who are hereby required to give public notice thereof, andf£^£ ,
caufe the fame to be held in manner and form as herein before pointed out agreeably
to fuch writ. That the prefidinsr magriftrates at any election for members of the Ge- preddingjm&I
CCS *<hiM '111-
neral Affembly of this ftate, Or reprefentatives in congrefs, are hereby empowered and point thros
required to appoint three clerks to attend the faid elections, whofe duty it fhall be to three ran*.
keep three rolls.
2. And be it further enacted by the authority aforefaid, That the General Affembly Legislature
of this ftate, mall from and after the paffing of this act, meet on the fir ft Monday in n^iifonth*'
XT 1 ii '■ first Mondiy
JNovember annually. ' Jn m<ivsoiij«..
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
ROBERT WALTON, Prefident of the Senate.
JAMES JACKSON, Governor.
February nth5 1799.
An ac% for the appointment of county officers.
E IT ENACTED by the Senate and Houfe of Reprefentatives of the fate of
Georgia in General Affembly met, and by the authority of the fame. That the
fhenffs, clerks, coroners and county furveyors, of the refpective counties within this county officer
ftate, fhall be eleded on the third Tuefday in OBober next, by the *juftices of the^SS^SI
inferior court and juftices of the peace, or a majority of them, in each of the faid r^thcjlSScS'
counties refpeciively, and all fuch elections fhall be held by any two or more bf the courtVnd jl.Tu,
faid electors, not being candidates, who fhall within thirty days thereafter, tranfmit un-
der their hands and feals a true return of fuch elections to his excellency the governor,
who is hereby authorized and empowered to commifiion fuch perfon or perfons as siiaIi be com.
may be elected. theSveml
2. And be it further 'enabled. That the faid juftices of the inferior court and juf-
tices of the peace, or a majority of them, fhall meet at the court-houfes in their ref-Eleaionstobe
pective counties, in the forenoon of the faid third Tuefday in October next, and ap- c^nou*
point the aforefaid officers, and fhall meet on the faid third Tuefday in October in yISs.tW0
every- fecond year thereafter, and appoint each of the aforefaid officers, in manner
herein before prescribed; Provided always, That the clerks of the courts fhall hold their
appointments during good behaviour, agreeably to the conftitution. eierkshow
3. And be it further enabled by the authority aforefaid, That on the repfefentation rihgrE0obdbeh""
of two thirds of the juftices of the inferior court, and of the county, or by fentence of AnTof those
impeachment, his excellency the governor be and he is hereby authorized to remove rewoveohy the
any of the aforefaid fheriffs from office; and he fhall and may remove from office r^r^n'tatlw6
any coroner or county furveyon, on like reprefentation of two thirds of the iu ft ices of <*.**<! justices
1 • r l r 1 1 n 11 i ir of ihe county,
the interior court and ot the county, the governor ihall and may alio remove any of mbv impcach-
1 r /• • 1 1 1 n r rr- ment, orcon-
the atoreiaid clerks, county furveyors or coroners, from office, on conviction of the ^aicVm'L*1"
offender or offenders, for mal-practice in office. ticc'
C c
* All thofe elections ate to be by the people. See a& of 4th Ikce-mber, 1 799*
202 ELECTIONS.
v«wuci?8, how 4- 4 nd be it further enacted, That in cafe of the death, refignation or removal
_e.fi iea. flom oilice, or other disability of any or either of the aforefaid officers, it flialJ be the
duty of one or more of the juftices of the inferior court of the county in which fuch
vacancy mail happen, to give at ieaft ten days' notice, to be published at the court-
houfe, and at three or more public places in fuch county, for the meeting of the faid
juftices of the inferior court and juftices of the peace, for the purpofe of filling up
fuch vacancy ; and the faid juftices of the inferior court and juftices of the peace, or
a majority of them being fo convened, (hall proceed to elect a fit and proper perlbu
to fill fuch vacancy, according to the directions of this act.
inferior eourt r And be it further enacted. That the inferior court mail at their fir ft -term in
jliall appoint *J >i ~ •
Xn'giiebonS eac^ yeSrJ appoint at leaft one and not more than two fit and proper perfon or per-.
e"c hundred in ^ons m eac^ militia company diftrict to ferve as conftables, who fhall hold -their ap?
»d£ttydoiiar* pointments for one year, and until a fucceffor fhall be appointed, and before fuch
conftables enter on the duties of their appointments, they fhaU give bond and good
fecurity to the governor of this ftate for the time being, in the Turn of one hundred
and fifty dollars, for the faithful difcharge of their duties, and fhall alfo take the fol-
Andtakeaa lowing oath before a juftice of theinferior court orjufticeof the peace : " I do folemnly
fwear, or affirm, that I will duly and faithfully perform all the duties required of me as
conftable of the county of according to the belt of my abilities and underftand-
ing." And where it fhall fo happen that no fit and proper perfon or perfons offer
themfelves as candidates, the faid court fhall pafs an order directing the juftices in any
diftrict, or one of them, to draw not exceeding two perfons from fuch company, to
Tony doiiar* ferve as aforefaidwho fhall be liable to a fine of forty dollars, to be levied by order of
serves comta- the faid inferior court, on refufal to act, or procure fome other perfon toferve for him.
justice may an- 6. And be it further enacted, That any juftice of the peace may in cafes where there is
ff^.*ifa no conftable in his diftrict, either from death, removal or otherwife, authorize fome
perfon to execute the duties of conftable until fuch vacancy is filled.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
ROBERT WALTON, Prefident of the Senate.
Februarv 16, 1799.
JAMES JACKSON, Governor.
An attfupplementary to an aH entitled, " An act to regulate the general elections in this
fate, and to appoint the time of the meeting of the General Affembly ;" puffed the ele-
venth day of February one thouf and f even hundred and ninety-nine; and an act enti-
tled, "An act for the appointment of county officers? paffed the fixteenth day of Fe-
bruary one thouf and J even hundred and ninety-nine.
Aiideftioiute i."D E IT ENACTED by the Senate and Houfe of Reprefentatives of the ftate of
be by baiiot, J^ Georgia, in General Affembly met, and by the authority of the fame, That in
and commence futurC) all ele&ions fhall be by ballot, and the time of opening the elections for fena-
lioHaHl m torsJ and reprefentatives of this ftate, mall beat the hour of feven o'clock in the morn-
ing, which eleclion fhall be kept open until the hour of fix o'clock in the afternoon,
and then clofed.
Jwkm^J 2. And be it further enacted, That in future, all elections for county officers, to
ijHEiaH Wlt> tne clerks of the fuperior and inferior courts, fheriffsj coroners, and county fur-
EMANCIPATION. «P3
v$y&?S;j, (haft be by the citizens of the refpective counties, who, arc entitled by law to
vote at elections for representatives, or members of the legislature of this {late; and
mall be opened, conducted, and clofed in the fame manner, that elections are for
members of the legiflature of this ftate.
3. And be it further enacted, That if a vacancy fhould take place in one of the ^"fic£^,,<>yf
aforefaid offices, it fhall be the duty of the juflices of the inferior court, or any two or
more of them, to give notice in one or more of the public gazettes, or at the court-
houfe, and three or more of the moft public places in the county within which fuch
vacancy may happen, twenty days previous to the ele&ion for filling up the faid va-
cancy : and the perfor fo chofen fhall continue in office no longer than his predecef- Continaan«
for would have done. And where any two or more candidates for any county office ft "wo persona
fhall have the higheft and an equal number of votes, the prefiding iuftices (hall certi- number of u
' 1 ^ • . T "* .ii*! votes the 20-
fv the fame 10 his excellency the governor, who fhall be, and he is hereby authorized vemoVsiuKap*
' . ~ . r r 1 ■ l- r point one Of
to appoint one or the perlons 10 having an equality or votes. them.
4. And be it further enaHed, That fuch part or parts of the aforefaid a£ts as fhall *^!n*
militate againft this aft, fhall be and is hereby repealed.
DAVID MERIWETHER, Speaker of the Houfe of Representatives*
DAVID EMANUEL, Prefident of the Senate.
JAMES JACKSON, Governor.
.December 4th, 1799.
EMANCIPATION.
An affi to emancipate and fet free Auflin, a mydatto ; alfo Harry, a negr» fellow.
1. T X 7HEREAS Auftin, a mulatto man,at prefent the property of the eftate of Ri-rrcamWe.
V V chard Aycock, efq. during the late revolution, inftead of advantaging
himfelf of the times to withdraw himfelf from the American lines and enter with the
majority of his color and fellow (laves, in the fervice of his Britannic majefty andhis
officers and vaflals, did voluntarily enrol himfeif in fome one of the corps, under the
command of Col. Elijah Clarke, and in feveral actions and engagements, behaved
againft the common enemy with a bravery and fortitude which would have honored
a freeman, and in one of which engagements he was feverely wounded and rendered
incapable of hard fervitude, and policy as well as gratitude demand a return for
fuch fervice and behaviour from the commonwealth. Be it enabled, That the faid An»tin e»*i«i-
Auftin be, and he is hereby emancipated and made free; and he is and (hall be here-1***54'
by entitled to all the liberties, privileges, and immunitievS of a free citizen of this ftate,
fo far as free negroes and mulattoesare allowed ; and fhall be entitled to the annuity
allowed by this ftate, to wounded and difabled foldiers.
2. And I e it fur iher enabled, That Col. Elijah Clarke, Zachariah Lamar, and A etBtrfta
John Talbot, fhall be and they are hereby appointed agents for the ftate to contract 5^"'$^
and agree with the heirs, executorsor adrainiftrators, of the faid Richard Aycock, for **ss&
ihe value of the faid Auftin, Provided the fame does not exceed the fum of feventy purcha*em».
pounds, and that they give a certificate for fuch fum to the proper owner of the faid l^Ai^m^'
Auftin^ for which fum his honor the governor is hereby empowered to draw on thepoum1'
ireafury of this ftate.
1
204
EMANCIPATION.
Harry the pro-
perty of Wil-
liam Slierrill,
emancipated.
3. And he italfo enabled, That negro Harry, late the property of William Sherrill,
for his meritorious fervices to this {late, be alfo emancipated and made free, and en-
titled to the rights oF citizenfhip fo far as free negroes and mulattoes are entitled as
aforefaid.
By order of the Houfe.
WILLIAM GIBBONS, Speaker.
Augufta, Auguft 14, 1786.
Samuel the pro-
perty of Joseph
Thomas, eman-
cipated.
And riven all
the privileges
effree negroes.
Subjecl to debts
how due by
said Tiiorr.as
An act to manumit a certain perfon of color, by the name of Samuel.
WHEREAS Jofeph Thomas, of the county of Oglethorpe, has fignified his in-
tentions and delign to manumit and let free a certain boy of color, of his
own right and property.
1. Be it enabled by the Senate and Houfe of Reprefentatives of the flat e of Geor-
gia and by the authority of the fame, That Samuel, a certain boy of color, the pro-
perty of Jofeph Thomas, be manumitted and made free according to the prayer of the
petitioner :
2. Provided neverthelefs, and be it enabled, That nothing in this aft contained
mall be conftrued fo as to give the faid Samuel, any privileges more than other people
of color are allowed by the laws of this ftate, or to the. prejudice of any jufl debts
that may be againft the faid Jofeph Thomas, at the time of the paiTing of this aft.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, President of the Senate.
A {Tented to December 1, 1800.
JAMES JACKSON, Governor.
preamble.
Seve'nl negroes
declared to be
free, pursuant
to the will of
Daniel Grant,
deceased.
An abl to enable the executors of the lafl will and teftament of Daniel Grant, deceafed, fa
carry the fame into effebl, and for other purpofes therein mentioned.
WHEREAS by the lafl will and teftament of Daniel Grant, deceafed, late of the
county of Wilkes, the executors therein named, are directed to apply as ear-
ly as may be to the legiflature of this (late for an aft, enabling them to carry the faid
will into effeft : And whereas the faid Daniel Grant, deceafed, hath by his lafl will and
teftament declared, certain negro flaves therein named, free at certain times, and under
certain conditions and reftriftions therein mentioned : And whereas, the executors, to
wit; Thomas Grant, John Crutchfield, and David Meriwether, have petitioned the
prefent legiflature, in terms of, and agreeably to the faid Will :
l. Be it therefore enabled by the Senate and Houfe of Reprefentatives of the fate of
Georgia in General Affembly met, and by the authority of the fame, That the aforefaid
Thomas Grant, John Crutchfield, and David Meriwether, executors as aforefaid,
the furvivor or furvivors of them are hereby authorized to carry the faid will, with
every item and paragraph thereof, fully into effeft ; and the feveral negro flaves
therein mentioned, are hereby declared to be freed and liberated, at the times and on
the terms and conditions therein expreiTed ; any law. ufage or cuftoirij to the con-
trary notwithftanding.
EMANCIPATION. 205
2, And whereas, Anthony Hayns, late of the county of Columbia, was in his lif(' esS!"S
time poffefled of certain negro (laves, to wit, Chany and her nine children, Billy, Syl- £rn"f!^,!!,;ey
via, Francis, John, Polly, Richard, Betfey, Anthony, and Peggy; And whereas, theISms,dece*"
faid Anthony Hayns did, on the tenth day of June, in the year of our Lord one
thoufund feven hundred and ninety-five, make a certain inftrument in writing, duly
executed, and now entered of record in the clerk's office of the laid county, purport-
ing his renunciation of all right, title, intereft, and claim of, in, and to the faid negro
woman Chany, and her afore laid children, and did thereby publifh and declare the
aforefaid negro woman Chany, and her nine children, Billy, Sylvia, Francis, John,
Polly, Richard, Betfey, Anthony, and Peggy, to be forever manumitted, emancipa-
ted and freed, and capable of enjoying all the rights, and privileges of citizenfhip ;
and the faid Anthony Hayns, did alfo on the fifteenth day of June, one thou land
feven hundred and ninety-five, by his laft will and teftament duly executed, give and
bequeath unto the faid negro woman Chany, and her children, Sylvia, Francis, John,
Polly, Richard, Betfey, Anthony, and Peggy, certain lands and other property there-
in prefcribed.
And whereas, Thomas Hayns and David Maxwell, executors of the faid laft will
and teftament, have applied by petition to the legiflature, to confirm the emancipa-
tion and freedom of the faid negro (laves. Be it therefore enacted by the authority afore-
faid, That the laid negro woman Chany, and her nine children, to wit, Billy, Syl-
via, Francis, John, Polly, Richard, Betley, Anthony and Peggy, they, and each of
them, be, and they arc hereby emancipated, freed, and enabled to take, hold, and en-
joy property of every kind, in like manner as if they were free citizens of this ftate.
3. And be it further enacted by the authority aforefaid, That the property given and fyl^tdm"'
bequeathed in the laft will and teftament of the faid Anthony Hayns, to the laid negro t'lcm-
woman Chany, and her children, Sylvia, Francis, John, Polly, Richard, Betfey, An-
thony and Peggy, is hereby declared to be veiled and confirmed in them and their
heirs and alligns forever, agreeably to the true intent and meaning of the faid will.
4. And be it further enacted, That Reuben Going and John Going, of Greene coun- "'«
ty be, and they are hereby authorized and enabled to take, hold, and enjoy property pripmy!
both real and perfonal.
Provided nevertheiefs, That nothing herein contained (hall extend, nor be conftru- Provis*.
ed to extend, to entitle the faid free mulattoes and negro (laves when liberated as
aforefaid, to ferve as jurors in any cafe whatfoever, nor to render them or either of
them, a witnefs in any caufe or cafe where the perfonal right or property of any white
perfon or perfons is or are concerned, nor to entitle them or any of them, to have or
hold, directly or indireftly, any office of truft or profit, civil or military, within this
ilate.
THOMAS STEVENS, Speaker of the Houfe of Reprefentativcs.
BENJAMIN TALIAFERRO, Prefident of the Senate.
Concurred February 13, 1796.
JARED IRWIN, Governor.
uing en-
abled to hold
An att to admit Thomas Going, a free perfon of color, to the privileges of a citizen of
this flate, fo far as is therein expressed.
HEREAS Thomas Going, a free perfon of color, has petitioned this legif- '■*&&*.
lature, praying to be made a free citizen of this ftate;
Proviso.
206 emancipation;
Thtmu Going Be it therefore enacted by the Senate and Houfe of Iteprefentatives of the Jlate of Ccor-
8B?S?S&e gi a in General Affembly met, and by the authority of the fame, That from and after
the paffing of this a6t, that the aforefaid Thomas Going, of the county of Wilkes,
be and is hereby veiled with and entitled to all the rights, privileges and immunities
belonging to a free citizen of this (late; Provided neverthelefs, That nothing herein
contained fhall extend of be conftrued to extend to entitle the faid Thomas Going,
tofervein the capacity of a juror, in any caufe whatever; nor to render him a com-
petent witnefs in any caufe or cafe where the perfonal rights or property of any white
perfon are, or is concerned; nor to entitle the faid Thomas Going, to vote at elec-
tions, nor to have or hold, directly or indirectly, any office of truft or emolument*
civil or military, within this ftate.-
DAVID MERIWETHER, Speaker of the Houfe of Reprefntat'iveu
ROBERT WALTON, Prefident of the Senate
AfTented to February 18, 1799.
JAMES JACKSON, Governor,
An act to manumit and exempt from certain penalties, Sylvia, and her f on David, now
the property of Jofeph Gabriel Pofntr.
preamble. \ 7f 7HEREAS Jofeph Gabriel Pofner, hath, by his petition prefented to this pre-
V V fent General Affembly, prayed that Sylvia, a woman of color, and David
her fon, the property of the faid Jofeph Gabriel Pofner, mould be manumitted and
difcharged from flavery.
syiviaandDa- i. Be it enacted by the Seriate and Houfe of Repre.Jentatives oftheflate of Georgia in
emancipated. General Affembly met. That from and after the paffing this aft, the faid Sylvia and
David, fhall be, and they are hereby declared to be manumitted and made free, an
be thereafter utterly, clearly and fully difcharged from flavery, as if the faid Sylvia
and David, had been born free.
s"ne"unisii' 2* ^nd i*e it further enaEed, That if it fhall fo happen that the faid Sylvia or Da-
fcncSfndM- v'^' mould be charged or ace u fed of any offence or crime whatfoever, the faid Syl-
^7ecnceLeSft^e yi* or David, fhall t>e tried for fuch offence in the fame manner, and be entitled to
vinte persons. tne fame defence in the courts of this ftate, as allowed to free white perfons in like
cafes.
4DAVID MERIWETHER, Speaker of the Houfe of ReprefenWivti.
ROBERT WALTON, Prefident of the Senate.
Aflented to February 9, 3799.
JAMES JACKSON, Governor.
An act to admit James Stewart and Judy Eltoft, free perfons of color, io the privi-
leges of citizens of this fate, as far as is therein expreffed.
j«ncs suwart 1 . T>E IT ENACTED by the Senate and Houfe of Rtprefentalives of the fate of
right* cf a free jffj Georgia in General Affembly met, and by the authority cj the fame, That from
and after the paffing of this a£l, the aforefaid James Stewart, of the county of
Burke, be, and he is hereby ve'fted with and entitled to all the rights, privileges and
; EMANCIPATION. sloj
immunities belonging to a free citizen of this Hate: Provided nevertjielefs, That no-*1'07'"0*
thine herein contained (hall extend, or be conftrued to extend to, entitle the faid James
Stewart, to ferve in the capacity of a juror in any cafe whatever, nor to render him
a competent witnefs in any caufe or cafe where the perfonal rights or property of any
white perfon are or is concerned; nor to entitle the faiol James Stewart to vote at elec-
tions, nor to have or hold, directly or indireftly, any office of truft or emolument,
civil or military, within this ftate.
And whereas. Tudy Eltoft, a free perfon of color, has petitioned this legislature to judyEitoft
i i r "■ * ■ - c --1L- ' H '■*'■ vested with £he
be made a free citizen or this itate: right* of a foe
2. Be it therefore enacted, That the faid Judy Eltoft, of the county of Rich-
mond, be and fhe is hereby vefted with and entitled to all the rights, privileges and
immunities belonging to a free citizen of this ftate; with this exception, that fhe Exception
mall not be a competent witnefs in any caufe where the perfonal rights or property of
any white perfon may be concerned.
DAVID MERIWETHER, Speaker of the Houfe of Reprcfmtatives.
DAVID EMANUEL, Prefident of the Senate,
Affented to December 2, 1799.
JAMES JACKSON, Governor.
An act to manumit certain perfons therein named.
WHEREAS James King, late of the city of Charlefton, deceafed, did by his preamble.
laft will and teftament, bearing date the twenty-Sixth day of March, in the
year of our Lord one thoufand feven hundred, and ninety-feven, dire£t his executors
therein named " to take care of and manumit as foon as poffible his two negroes,
Lewis and China:"
And whereas Alexander King and Jofhua Moore, the executors named in the faid
laft will and teftament of the faid James King, have by petition applied to the prefent
legislature, praying that the benevolent intentions of the faid James King, towards the
faid negroes, be carried into effeft :
1. Be it therefore enacted by th<e Senate and Houfe of Reprefentatives of the flat e oj KeeroesLew*
Georgia, in General Affembly met, That the faid negroes, Lewis and China, be and manumitied.
they are hereby manumitted and made free, and they are hereby entitled to the fame
privileges and immunities as if they had been born free.
And -whereas Ezekiel Hudnall, has by his petition prayed the legislature to manumit
the following (laves: Bridget Waters and her children, Leviny, Nancy, Daniel and
Syrus:
2. Be it enabled, That the faid Bridget, Leviny, Nancy, Daniel and Syrus, be, certain other
and they are hereby declared to be free and manumitted, according to the prayer of fitted, ■--'
the faid petition.
And whereas it appears to this prefent General Affembly, that a certain Harry
M'Clendon, formerly the property of Jacob M'Clendon, and Rofe his wife, for-
merly the property of Andrew M'Lean, have purchafed their freedom, together
with the freedom of their children, of and from their former owners, and have pray-
ed that their freedom, as purchafed, be fecured by lav; :
3. Be it further enacted, That the faid Harry, Rofe, and their children, fiyetfy-'gWggj.
and Keziah, -be and they are hereby declared to be free, 6&S?*
2C8
ESTRAYS.
4. Provided always, and be it further enaHed, That nothing in this a& contained.;
fhall be conftruedto give any pcrfon herein manumitted, any privileges, except fuch
as free people of color are entitled to by the laws of this ftate.
DAVID MERIWETHER, Speaker of the Houfe of Retire fentatives.
DAVID EMANUEL, Prefidcnt of the Senate.
AfTented to December 5, 1799.
JAxMES JACKSON, Governor.
ESTRAYS.
fetrajl how
--To be taken up
Syid appraised.
Valuation and
description to
be sent to the
clerk of the sir
1 S.ior court in
Itii days.
Taker up to
Siike an oath
Estrayed ne.lt
cattle sheep,
&c to l)e view-
ed y a free-
holder.
The taker up
shall go before
a justice and
take an oath,
&c and de-
scribe the es-
trays.
Justice sha'l
issue a warrant
of appraise-
ment
Value and de-
scription sent
to the clerk in
in ten days
Justices to
Keep a book of
StatHes,
An act concerning eflray s and for improving the breed of horfes.
E IT ENACTED by the Senate and Houfe of Rcprefentatives of the fate of
Georgia in General Affembly met, That it fhall and may be lawful for any-
perfon, upon his own freehold, or other perfon having charge of fuch freehold in the
abfence of the owner thereof, and not elfewhere, to take up all eftravs, whether horfe,
mare, colt, or filly, neat cattle, afTes^ mules, or Iheep, hogs, or goats that may be found
ftraying away from the owners; and any perfon taking up eftrays as above, fhall
within ten days, in cafe fuch eftrays have been broke to feivicej take or drive it or
them before a juftice of the peace in the county, whofe duty it fhall be, and he is
hereby required to take down in writing a particular defcription of the marks, natural
and artificial, brand, ftature, age and color of fuch eflray or eftrays, and immediate-
ly to ifTuc his warrant to two or more freeholders of the vicinage, commanding them,
having been firft duly fworn thereto, well and truly to appraife, or afcertain the va-
lue of fuch eflray, which appraifement or valuation and defcription as above, together
with the name of the taker up, and the place of his abode, the faid juftice fhall, with-
in ten days thereafter, tranfmit to the clerk of the fuperior court in laid county, taking
fpecial care that the perfon or perfons taking up fuch eftray, do folemnly fwear, or
affirm, that he or they have not altered or caufe to be altered, the marks or brands of
fuch eftray, and to the beft of his or their knowledge and belief, fuch marks or brands
have, or have not, as the cafe may be, in any wife been altered, and that the owner is
to him or them unknown.
2. And be it further enacted, That in cafe any perfon fhall take up any fuch eftray-''
ed neat cattle, fheep, goats, or hogs, he fhall caufe the fame to be viewed by a free-
holder in the county where the fame fhall happen, and fhall immediately go with fuch
freeholder, before a juftice of the faid county and make oath before him that the fame
was taken up at his plantation or place of refidence in the faid county $ and that the
marks or brands of fuch eftray or eftrays, have not by him, or to the beft of his
knowledge been altered ; and then the juftice fhall take from the taker up and free-
holder, upon oath, a particular and exacl defcription of the marks> color and age of
all and every fuch neat cattle, fheep, goat or hog, and fuch juftice fhall, in manner
above direftedj ifTue his warrant for the appraifement of fuch eftrays, which defcrip-
tion and valuation fhall by the faid juftice, within ten days> be tranfmitted to the clerk
of the fuperior court, by him to be difpofed of as hereafter directed.
3. And be it further enacted, That it fhall be the duty of every juftice of the peace
before whom any eftray mail be carried as aforefaid, to enter a true copy of the cer-
ESTRAYS. 209
tifkate tranfmitted by him to the clerk of the court, in a book to be by him kept for
that purpofe.
4. And be it further enabled. That it fhall be the duty of the clerk of the fuperior cierk's duty
Tt J ' J . i and power va
court in each county in this flate, and he is hereby required to. receive and enter in a «"*««*.
book by him to be provided and kept for that purpofe, ail fuch certificates of de-
fcription and apprailement, as to him fhall be tranfmitted from the refpective juflices
in the county ; and it (hall alfo be the duty of the faid clerk to affix a copy of every
fuch defcription and valuation to the court-houfe of his county, for two terms fuc-
ceffively, after the fame (hall be tranfmitted to him.
5. And be it further enacted, That in cafe no owner mall appear in the term of Horses, cattle,
twelve calendar months from the time of taking up any horfe, mare, colt, afs, mule 01 edincweive
o 1 J ' ' ' > months to
neat cattle, in that cafe it fhall be the duty of the clerk, upon giving thirty days pre beww apd th«
' . / nr nlon^y applied.
vious notice, by advertifement at the court-houfe, to proceed to fell fuch eflrays for to county wes.
ready money to the highelt bidder, which money fhall, in the hands of the faid clerk,
be fubjecl to the order of the fuperior court, for county purpofes, after defraying the
charges or fees herein after directed.
6. And be it further enabled., That in cafe any perfon fliall take up as aforefaid, otft&restray?
./ ' J V r _ ' may be sold in
any fheep, goats or hogs, and no perfon or perfons ihall appear and make fatisfaQory three month*.
proof that the faid eflrays are his or their property, within three months from the
time of taking up fuch eflrays, the clerk having advertifed for three months at the court-
houfe, in that cafe the clerk is hereby directed and authorized to proceed to the fale
of fuch eflrays as above directed, and the monies arifing therefrom fliall alio be ap-
plied as above.
7. Neverthelefs, be it further enabled, That if any perfon or perfons fhall, with- 0wner,cla!!rt.
in the term of twelve months from the time of fuch fale, prove to the fatisfa£lion of !m!nth^ft«
the court, that the property fo fold was his or their own, or that of his or their em- Swe'Swa""
ployers, as the cafe may be, in that cafe the court fhall, after deducting the fees and mgXrge*!*"
charges hereafter defcribed, pay the balance of the money arifing from fuch fales to
the claimants of fuch property.
8. And be it further enabled by the authority aforefaid, That the juftice, for his fer- Just;ce„feMi.
vices as above, fhall receive from the taker up, at the time fuch eflray or eflrays fhall
be brought before him, or a defcription and valuation thereof prefented to him as
above, the fum of three millings and fixpence for each horfe, mare, colt or filly, afs
or mule, and the fum of threepence halfpenny for each head of neat cattle, fheep,
goats or hogs.
9. And be it further enabled, That the taker tip of fuch eflrays fliall, as a com-Thctake,rl!,p
r'f. •£■••., * J mav work the
pemation tor maintaining and keeping of the fame, put them to immediate labor, $£?«&
it capable of fervice; and if incapable, or hefhoulcl prefer it, receive from theown-iMK-
er if claimed, or from the court if fold, a reafonable fatisfa&ion, to be adjudged by
the clerk and ajuflice of the peace in the county, according to the circurnffance of
the cafe: Provided nevertheless, That, in cafe of putting him to labor, he fliall be Fro*!s0'
bound to produce them to the owner if claimed, or to the clerk if fold, (cafualties
excepted) in as good condition as when appraifed.
10. And be it further enabled, That upon the delivery of any fuch eflray to the HisfeCf>
legal owner, or in cafe of fale upon the fale thereof, the taker up fliall receive from
the owner or clerk, as the cafe may be, the fum of four fhillings and eightpence for
each horfe, mare, colt or filly, afs, mule or ox, in addition to the fum by him paid
to the juftice; and the fum of fevenpence for each head of neat cattle, fheep, goats
Dd
tio
ESTRAYS.
Superior courts
to superintend
the execution
of this act, to
call on die
clevksfpr an
account of mo-
nies, and ill o-
tlier | ersons,
who h ive b.en
concerned with
estrays.
Persons failing
to comply with
this aft, liable
to forfeitures.
or hogs, in addition to the funis above mentioned, for the keeping and maintenance
of the fame,
cierk'sfee*. 11- And be it further enabled, That the clerk mall, for the receiving, entering and
publishing every certificate as above directed, and advertising the property for fale,
if neceffary, the fum of two millings and fourpence, to be paid by the owner,
upon claiming the property, or deducted out of the money ariling from fuch pro-
perty in cafe of fale, and the further fum of five per centum upon the balance of
inch money, as a compenfarion for felling* collecting and paying.
12. And be it farther entitled. That it fhall be the duty of the fuperior court * in
each county, at each term, to call upon the clerks of the faid counties to give in a
full ftatement of all monies by them collected in confequence of this act; and alfo
to require ajuft and true account and reckoning of and from all juftices, toll-maf-
ters or other perfons heretofore concerned in taking up or felling eftrays, and of the
monies that have arifen and not accounted for, or fhall arife from the fale of fuch ef-
trays taken up under the former laws of this Rate; and fuch juftice, toll-mafter or
other perfon fo concerned is and are required, under the penalties incurred by this law,
to render fuch account, and the balance of monies remaining in their hands, after
deducting the legal charges thereon, fhall be paid into the hands of the clerks of the
fuperior court, to be applied as herein is provided for.
13. And be it further enabled, That any perfon taking up any eftrays as aforefaid,
and failing or neglecting to comply with and fulfil the intent and meaning of this aft,
and being thereof dulv convicted before three magiftrates, mail, for every fuch of-
fence, forfeit a fum equal to double the value of fuch eftray fo neglected to be tolled
and advertifed as aforefaid, to be recovered on information before any court having
cognizance thereof, one half to the informer, the other half to the ufe of the county.
14. And be it further enabled, That if any juftice or clerk fhall refufe or neglect
to perform the duties required of them by this act, each juftice or clerk neglecting or
refufing fhall, for every fuch neglect or refufal, forfeit the fum of five pounds, one
moiety to be paid to the party informing, and the other moiety to the ufe of the
county where fuch offence fhall be committed, to be recovered by action of debt in
any court having cognizance of the fame, and fhall moreover be liable to an action
of damages to the party injured, and upon conviction pay double cofts.
15. And for the improvement of the breed oT horfes within this ftate, Be it fur-
ther enabled, That if any ftone horfe, above eighteen months old, fhall be found run-
ning at large, it fhall and may be lawful for any perfon to take up the fame, and
having taken him before the neareft juftice of the peace in the county, by the per-
miffion of the faid juftice, may geld the fame, taking care that the operation is per-
formed by a perfon ufually doing fuch bufinefs in the neighborhood, for which the
perfon fo gelding fhall receive one dollar, to be paid by the owner of the horfe : Pro-
ptoyiso, vided nevertheless, That if any perfon fhall take up and geld any fuch ftone horfe,
contrary to the true intent and meaning of this act, or without fully purfuing the above
direction, he fhall, for every fuch offence, forfeit to the party injured, double the va-
lue of fuch horfe, which value fhall be afcertained by two refpeclable freeholders,
who were acquainted with fuch horfe, who fhall act upon oath, to be recovered in any
court having cognizance of the fame.
Justices and
clerks liable to
fine, &c for
Uegleft of duty
Steed horses
running at
larfje may be
gelded.
* Inferior courts veiled with this power. See ads of 1796 and 1 799.
ESTRAYS. *ii
Ai! formes Urs
16. 4^ fo it further enacted, That all former laws or parts of laws concerning ef-fcJS
trays, mail be and they are hereby repealed, fo far as refpetts the taking up fuch ef-
trays contemplated by this act.
WILLIAM GIBBONS, Speaker of the Houfe of Reprefentatives.
NATHAN BROWN SON, Prefident of the Senate.
Concurred December 20, 1791-
EDWARD TELFAIR, Governor.
An aU to revife and amend an at~t, entitled " An act concerning eflrays, and for impro-
ving the breed of horfes."
1. T>E IT ENACTED by the Senate and Houfcof Reprefentativesofthejlate of Geor-
JL3 gia in General Affembly met, and by the authority of the, fame, That from and The sale of cat-
after the pairing of this act, the fale of all eftrays, except horfes, mares, colts, fillies, uflefn the Id.
afTes or mules, mall be in the captain's diftricT in which fuch eft ray may have been ta- they Retaken
ken up, and fhall be fold by the juftices of the diftrictfor ready money on their court J^e-s of the^
days ; and at leaft twenty days notice of all fales fhall be given at one or more of the court da>'s-
mo ft public placesin the diitrict.
2. And be it further enabled, That the juftices of the feveral company diftricts fhall justices to pay
, . r J. r ' i r 1 ' r ■ n n I 1 r over t,le meney
at the next interior court alter the laleor anyeftray or eftrays, render an account thereoi arismgfrom
in writing and pay over the monies received by them for eftrays fold, to the juftices of the nest Inp-
the faid courts refpeclively ; and if any juftice of the peace fhall fail to pay to the in- ^"lomm^-1
fcrior courts the monies for which fuch eftrays may have fold as required by this a£t,sicns-
after deducing five per centum commiiiions and fuch other charges as are allowed by tw'ftobe
law, he or they fhall be punifhedby attachment as for a contempt, and fhall be com- uchment/ a6
mitted until the monies aforefaid fhall be paid.
3. And be it further enabled, That if any perfon fhall prefume to fellor difpofe of, PersoriS3Cmng
or apply to his or their own ufe, any eftray, every fuch perfon or perfons fo pfFend- S£nu«?iuhie
ing, fhall be fubjeft to indictment for a mifdemeanor, and on conviction thereof fhall Tn^rtfwe
forfeit and pay to the juftices of the inferior court for the ufe of the county in which °aiueuoflLh
fuch offence may be committed, double the value of fuch eftray or eftrays fo fold, ap-eitiai!"
plied or convertedto his, her or their ufe.
4. And be it further enabled, That every eftray, horfe, mare, colt, filly, afs or""^™?''
mule, fhall on the day they are to be fold agreeably to law, be brought to the court- courf-hU^'on
houfe by the perfon who took them up, and delivered to the clerk of the inferior court by theday°fsale'
twelveo'clock at fartheft, and on failure thereof, unlefs fatisfactory proof can be given
in excufe, he, fhe or they, fhall forfeit double the value thereof, to be recovered in the f^.™™^
manner herein before pointed out, Provided never thelefs, That nothingcontained in this ^hv^treay!
law fhall be conftruedas to prevent the original owner from receiving the amount of0wnermayre.
fales of fuch eftrays, on application and fatisfactory proof thereof being made to faid "0vuent o/Jaie,
inferior court, if fuch application is made in a term not exceeding two years after fuch t^yp-sSSr
fales ; and it fhall be the duty of the faid inferior court to refund to the faid owner t:iesak'
the amount fales of fuch eftray or eftrays, after deducting all legal coft and charges
therefrom.
212
EVIDENCES.
Repealing
clause*
5. And be it further enabled, That fo much of the aft entitled " An aft concern-
ing eftrays, and for improving the breed of horfes," as is repugnant to this aft, fhall
be and the fame is hereby repealed.
DAVID MERIWETHER, Speaker of the Houfe of Reprcfentatives.
ROBERT WALTON, Prefident of the Seriate.
Affented to February 15, 1799-
JAMES JACKSON, Governor.
EVIDENCES.
Freambte.
Persons resi-
ding in this
state compel-
lable to give
testimony in
cases pending
in other states.
tiovlw.
Entitled to the
fees ot witness'
Aii act for pointing out the method of compelling perfons refiding in this jlate, to give
evidence in cafes pending in another.
HERE AS much inconvenience has arifen to individuals from no compul-
fory procefs having been adopted in the different ftates, to oblige the citi-
zens or refidents thereof, to give evidence in fuits pending in other ftates; for remedy
whereof, as far as it might be occafioned by perfons refiding within the ftate of
Georgia, Be it enabled, That if the teftimony of any perfons refiding within the faid
ftate fhall be required, in any fuit pending in any court of record in either of the
United States, and he, fhe or they fhall refufe to appear before commiffioners appoint-
ed to take his or her examination, under a commiffion properly iffued and authenti-
cated agreeably to the laws and rules of the courts of the ftate from which it fhall be
fent, or appearing, fhall refufe to anfwer to fuch legal interrogatories as fhall be an-
nexed to the faid commiffion, and exhibited to him, her or them, it fhall be lawful for
either of the faid commiffioners, or the party upon whofe application the faid com-
miffion was iffued, to apply to any judge of the fuperior courts of this ftate, or juf-
ticeof the inferior court of the county within which fuch perfon whofe teftimony is
required may refide, and upon producing before him fuch commiffion, and his being
fatisfied of its regularity, and on affidavit being made of fuch refufal, he fhall ifTue a
fubpoena ill the ufual form, direfted to fuch perfon or perfons as aforefaid, requiring
him, her or them to be and appear before the faid commiffioners at a certain time and
place, to anfwer to fuch legal interrogatories as may be annexed to the faid commiffion,
and then exhibited to hirn : Provided, That he fhall not be required to attend fuch ex-
amination, and give anfwers to the faid interrogatories, within lefs than two days after
the fervice of the faid fubpoena, neither fhall he be obliged to attend for fuch examina-
tion out of the county where he refides, nor more than ten miles from the place of his
refidence; and upon due fervice of the faid fubpoena upon fuch perfon or perfons,
the fame fhall be returned to the commiffioners on or before the time appointed for the
examination and the fervice of fuch fubpoena, proven by the return of the proper of-
ficer; and on the refufal or neglect of fuch perfon or perfons to comply with its man-
date, endorfed on or annexed to the faid fubpoena, and returned to the fuperior or
inferior court, as the cafe may require, of the county in which fuch perfon or per-
fons refide, he, fhe or they, fhall be fubjeft for fuch negle6t or refufal to all the pains
and penalties to which fuch perfon or perfons would have been fubjeft for a fimilar
default in any cafes pending in the courts of this ftate.
2. And be it further enabled, That the perfon or perfons whofe evidence fhall be le-
quired as aforefaid, fhall, if they or any of them fnall require the fame, be entitled
EXECUTORS AND ADMINISTRATORS. u%
to the fame fees or pay, asperfons fummoned to give evidence in the fuperior or infe-
rior courts of this ftate.
THOMAS NAPIER, Speaker of the Houfe of Reprefentatives.
BENJAMIN TALIAFERRO, Pref dent of 'the Senate,
Concurred December 16, 1794.
GEORGE MATHEWS, Governor.
ESTATES INTESTATE, EXECUTORS AND ADMINISTRATORS,
An att to direct executors and adminiflrators, in the manner and method of returning
inventories and accounts of their tejlators and enteflates eftates, and for allowing
them and all other perfons who fliall or may be entrufled with the care and manage-
ment of minors and other eflates, to charge commiffions thereon.
1. T7£ 7HEREAS, for preventing any fraudulent difpofition or embezzlement ofPrea'1*1'-
V V the eftates of perfons deceafed, it is highly expedient that executors and ad-
miniftrators mould be obliged to render true and perfect inventories and appraife-
ments of the eftates and effefts of their teflators and inteftates come to iheir hands
and poffeffion; And whereas it is alfo fit and reafonable, that, as we'll executors and
adminiflrators, as all guardians and truftees, fha.ll have an allowance for their trou-
ble and care in the management of the eftates committed to their truft; Therefore be fj*c5„^"^
it enacted, That from and after the palling of this aft, all and every executor* and theirduty-
administrator who (hall, before the ordinary of this province for the time being, or.
fuch perfon as he lhall depute or appoint, qualify him, her or themfelves, for the
adminiftration of the eftate and effects of his, her or their teftator or inteftate, mall,
upon oath, be bound to produce and fhew to the appraifers that fhall be appointed by
the ordinary for that purpofe, or any three or more of them, all and lingular the
goods and chattels of his, her or their teftator or inteftate, as have or fliall 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
appraifement, upon oath, of all and lingular the goods and chattels aforefaid, and
exhibit, or caufe to be exhibited, the faid appraifement, certified under the hands of
any three or more of the appraifers aforefaid, within four t 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 fpecialties, or notes of hand, together with a
lift or fchedule of the books of account of fuch teftator, to which books all parties
concerned lhall, upon requeft, and at convenient times, have free accefs; and every
fuch executor and adminiftrator fhall be, and they are hereby made chargeable with biewith'th?^
the real value of the goods and chattels in the faid inventory contained, and with fo E»olds°n<ictiai«
much of the credits only as he, Ihe or they, after due care and proper diligence, fhall rie'a!nve
recover and receive, in like manner as executors and adminiflrators are made charge-
able by the common and ftatute law of England.
2. And be it further enacted, That no letters teftamentary, or of adminiftration, fhall Sfigjj&t*
be granted before the perfons applying for the fame do feverally and refpectively take exet"tw*'
* Executors compellable to give fecurity by aft of 1792; feft. i,
f Altered to three months by aft of 1792, feft, 2,
214 EXECUTORS AND ADMINISTRATORS.
the following oath (mutatis mutandis) \ "You, A. B. (if executor) do fwear, that
you believe this to be the lafl will of C. D. deceafed; or, you, A. B. (if an adminif-
lrator*) do fwear, that C. D. deceafed, made no will, as far as you know and be-
lieve, and that you will produce, to mew and inform the appraifers that fhall be ap-
pointed by the ordinary, all and fingular the goods and chattels of the faid C. D. de-
ceafed, as already have or fhall, before the day of making the appraifement, come
into your hands, pofieffion or knowledge, and that you will well and truly adminifter
all and fingular the goods, chattels, rights and credits of the faid deceafed, and pay
his debts and legacies, as far as his eflate 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 fpe-
ciakies, or notes of hand, together with a lift or fchedule of the books of account
of fuch teflator and inteftate perfon, and exhibit, or caufeto be exhibited, the faid
inventory and fchedule, 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 law."
a?m™kt"t??s 3. And -whereas, a cuflom hath prevailed among executors and adminiflrators of
ukeestltesat taking eilates, or fome part thereof, at the appraifement, when fuch appraifement
the appraise
value, but m
account for the
true val
thereof,
Liue.butmust hath often been under the real value; for prevention whereof for the future, Beit
.,1- r~_ i.i,~ '4 >
before the sale^
Debtor; made 1
true value enabled, That no executor or adminiflrator fhall hereafter be permitted to take any
eflate, or any part thereof, at the appraifement, and that no appraifement to be
made as aforefaid fhall be binding or conclufive,t either upon the creditors, legatees,
next of kin, or other perfon interefled in fuch eflate, or upon the executors or admi-
niflrators, but ail and every fuch executor and adminiflrator fhall be chargeable andac-
* countable for the true value of fuch eflate, any practice to the contrary notwitbflanding.
«ceftyob7|iven 4- And be it funher enabled, That all intended fales of goods and chattels belong-
ing to teflators or intellates, fhall be publifhed in two or more public places in the
parifli where fuch effects are to be fold, and in the gazette, at leafl foity days before
the day of fuch intended fale.
5. And be it further enabled, That in cafe any perfon in the province fhall here-
^^™t: after happen by his will to appoint his debtor to be his executor, fuch appointment
expr«™yerdea- fhall not, in law or equity, be conflrued or deemed to be a releafe or extinguifhrnent
scdinth-wi11, of any debt due to the teflator, unlefs the teflator fhall in his will exprefsly declare his
intention to devife, bequeath, or releafe fuch debt, any law, ufage or cuflcm,irb the
contrary notwithflanding.
Appraisers t« 6- And be it further enacted, That no appraifers, that fhall hereafter be appointed
to appraife any teflator or inteflate's goods and chattels, fhall enter upon that office
before they fhall have taken the following oath, before one of his majeliy's juflices of
the peace of this province, who is hereby empowered to adminifter the fame : " You,
A. B.C. D. E. F. do fwear, that you will make a jufl and true appraifement of all and
fingular the goods and chattels (ready money only excepted) of G. H. deceafed, as
fhall beproduced by /. K.hhe executor or adminiflrator of the eflate of the faid G. H.
deceafed, and that you will return the fame, certified under your hands, unto the faid
/. K. executor or adminiflrator, within the time prefcribed by law."
7. And be it further enabled, That every perfon who fhall hereafter obtain letters
S^^of adminiftration from the ordinary of this province, fhall give bond X i*1 the fecreta.
tors. m $ ™~ * Adminiftrator's oath prefcribed by the 8th fed. of the acl of 1792.
f Seealfo 2d fed. of the aft of 1792.
% Form of the bond prefcribed by the 8th fed*, of the ad of 1792.
be twora,
Their oath.
EXECUTORS AND ADMINISTRATORS.. 215
ry's office, with fufEc'ient fecurity to be approved of by the ordinary, according to the
ftatute of the twenty -fecond and twenty-third years of king Charles the fecond, for the
better fettling of inteftates eftates.
. 8. And be it further entitled, That no letters of adminiftration {hall hereafter be tetters of ad-
granted by the ordinary of this province to any perfon or perfons whomfoever, as may tVgran-.
principal creditor or creditors to any inteftate, but upon fpecial trad and confidence, and ^creditor in
for the benefit of ail and lingular the reft of the creditors ; and that all debts* of an^aeditors.
equal nature fhail be difcharged by fuch adminiftrator or adminiftrators in average, and Debtsofequ.,,
proportion, as far as theaffets of the inteftate fh a 11 extend, and that no preference {hall be chlrgedlnavc-"
gi ven among the creditors in equal degree ; and that every fuch adminiftrator and adminif- asl«?f?I ?'s
trators, fhail be obliged to fue for fuch debts which he or they may reafonably expe£t
•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 outfianding to the ef-
tate of fuch inteftate, any law, ufage or cuftom, to the contrary notwithstanding.
q. And. That no creditor or creditors, to be appointed adminiftrator or adminiftra- intestate «-
•J . ' . ' . . . . tates to be dis-
tors in truft, as herein before mentioned, may retain, in his or their hands the monies ^'thsfrom1
he or they fhail receive by virtue of fuch adminiftration, longer than neceffary, Be it te^u^ordlte
further enacted, -That every fuch adminiftrator or adminiftrators, {hall within twelve ofUieletteri-
months after the death of his or their inteftate, or after his or their obtaining adminif-
tration thereon, make a dividend of the monies arifing from fuch inteftates' eftate, and
effects, to and among the feveral creditors in like proportion as aforementioned : and
in cafe fuch eftate and effects mall not then be wholly divided, a fecond dividend there- dendntdodbI'"
of fliall be made within two years from the death of the inteftate, which fecond dividend years.1" w"
fliall be final, unlefs any fait fhail be then depending, or any part of the inteftates' ef-
tate {landing out, or unlefs fome future eftate of the inteftate fliall afterwards come to
the hands of fuch adminiftrator or adminiftrators, in which cafe he or they fhail, as
foon as may be, convert fuch future eftate into money, and fhail within three months
after, divide the fame, to which effeel it fhail be inferted in the condition of the bond
to be given as aforementioned, on obtaining letters of adminiftration.
10. And be it further enacted, That every executor and adminiftrator who fliall not, administrators
within the time aforefaid, or within fuch further or other reafonabie time as the ordinary duty^made iei!
fliall think fit to give, make and return into the fecretarv's office aforefaid, fuch inven- exec»tors '»
t-' , ' ? their own
tory and appraifement as is herein before directed to be made and returned, and who W10ns-
fliall make default in mentioning or inferring 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 or adminiftrator fhail be, and they, and each of
them, are hereby made chargeable with and fubjeCt to the payment of all and fingu-
lar the faid teftators' and inteftates' debts, legacies, and bequefts, in the fame manner as
executors of their own wrong are fubjecled and made chargeable by the common or
ftatute law of England.
11. And be it further enacted, That it fliall and may be lawful to and for all and JT£^n\
every executor and 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
trufts, to take, receive, or retain, in his or their hands, a fum not exceeding fifty fhil- two and an
lings for every hundred pounds which he, flie or they, fliall hereafter receive, except onmoneyerW
on the aopraifed value of any eftate that fhail come into their hands : and the like fum and two and a»
J. 1 . / «' lin.li per cent.
of fifty {hillings for every hundred pounds which he, {lie or they, fliall pay away in debts, °^f^ne^
* The 10th feet, of the a£l of 1792 prefcribes the order in which debts fliall be paid.
ai6
EXECUTORS AND ADMINISTRATORS.
Ten per cent,
on interest ari-
sing on money
lent out by
them,
k'ruvlso.
Executors and
administrators
may bring »uit
in the general
Court for addi-
tional commis-
sion*,
Tlfey shall not
recover more
than two and
an half per
cent.
Commissions
to l»e divided
among; them
according to
their services.
Continuation.
legacies, or otberwife, (excepting alfo the delivering up any fuch eftate to theperfon
or perfons entitled to the fame, daring the courfeand continuation of their, or either
of their management or adminiftration,) an.fl fo in proportion for any fum, lefs than
one hundred pounds ; Provided neverthelefs, That no executors or adminiftrators,
guardian, or truftee, mail, where they have power fo to do, for his, her, or their trou-
ble, in letting out and lending any fum or fums of money upon intereft, and again re-
ceiving the monies fo lent and let out, be entitled to receive, take or retain any fum
exceeding the fum of twenty (hillings for every ten pounds for all fums arifmg by
monies lent to intereft, fo to be by them received, and in like proportion for a larger
or lefler fum: And provided alfo, That no executor, adminiftrator, guardian or truf-
tee, who is or may be creditors of any teftator or inteftate, or to whom is or may be
left or bequeathed any fum or fums of money, or other eflate or effecls, fhall be enti-
tled to any reward or commiffions for the payment or retaining to themfelves any fuch
debts or legacies, any law, ufage or cuflom to the contrary notwithftanding.
12. But, as it may be very difficult to afcertain the proper and adequate allowance
to be made in all cafes, and as the fums herein before allowed may not be fufBcient
compenfation for the care, trouble, and pains which executors, adminiftrators,
guardians, or truflees, may take in the management of their refpeetive trufis, in fome
particular cafes: Beit further enacted, That if any executors, adminiftrators, guar-
dians or truflees, who fhali have had extraordinary trouble in the management of
theeftates under their care, and fhall not be fatisfied with the fums hereinbefore men-
tioned, fuch executors, adminiitrators, guardians, or truflees, fhall and may be at lib-
erty to bring an aftion in the general court of pleas for their fervices, and the verdicl
of the jury, and judgement of the court thereupon, fhall be final and conclufive in
fuch cafes ; Provided always, that no verdict fhall be given for more than fifty fliii-
lings per cent, over and above the fums allowed by this a£l.
13. And be it further enabled, That the commiflions given by this aft fhall be divi-
ded amongft executors, adminiftrators, guardians and truflees, according to the
proportion of the fervices by them refpectively performed, to be rated and fettled
by the chief juftice and two of the juftices of the general court of pleas, in cafe the
executors, adminiftrators, guardians and truflees cannot agree amongft themfelves
concerning the fame.
14. And be it further enabled by the authority aforefaid, That this ac~t fhall be and
continue in force for the term of feven years, and from thence to the end of the
next feftion of AfTembly, and no longer.*
By order of the Commons Houfe,
LEWIS JOHNSON, Speaker.
By order of the Upper Houfe,
JAMES HABERSHAM, Prefdent.
Council Chamber — AfTented to 29th February, 1764.
JAMES WRIGHT.
* Continued by a&of 1 773» and by the other reviving ac\s down to 1 784*
An abl to carry into effebl thejixthfetlion of the fourth article of the confitution, touching
the diflribuiion* of intefl ate e fates, directing the manner of granting letters of admin-
ijlralion, letters teftameutary, and marriage licenfes.
l.
E IT ENACTED by the Senate and Houfe of Rcprefentatives of the fate of
Georgia in General Affembly met, That the true conftru£tion of the fixth
* See ad of 1799, pointing out the mode of compelling diftribution.
EXECUTORS AND ADMINISTRATORS., *fy
fettion of the fourth article of the conftitution, fhall and is hereby declared to be as fco^tmaion-of
n 11 .:../. . f the sixtu sec-
follows : When any perfon holding real and perfonal eftate, fhall depart this lire, intei- *^°hf£gcte
tate and without will, the faid eftate, real and perfonal, ' fhall' be confidered as alto- £™£con8ti"- .
gejtihe'r, of the fame nature, and upon the fame footing ; lb that in cafe of there being a f0^,^eT0r ,
widow and children, or child, they fliall draw equal mares thereof, unlefs the widow: p«^yu«
fhall prefer her dower j in which event fhe fhall have 'nothing ' further out of the ^t^f
real eftate than fuch dower; but fhall neverthetefs receive Iref 'proportionable part or^Sr
fhare out of the perfonal. eftate. In cafe any of the children fliall have died before the EKWn*
inteftate, their lineal descendants fliall ftand in their place and Read ; in cafe of their s£J^£'°
beinsr a widow, and no childor children, or 'legal rcprefentatives of children, then places, .
o ' ' ! o I ■ n n 1 If tneveis.a
the widow fhall draw a moiety of the eftate', and the other moiety fhall go to the wi<iowondm*,
next of kin in equal «3dj^fee ^d"1iJfeirti^6p?flbWd6rV6^r^i33 ^ widow, the whole fliall *;g£h£^
go to. the" child or children. If neither widow, child, or children, the whole fh all ^nthenextof
be diftributed among the next of kin' in equal degree, and their reprefentatives ; ' bjcit :^*d^SS?'
no reprefentatives fhall be admitted among collaterals, further than the child or eijii^S^S^Su!
dren of the inteftate' s brothers and fillers. If the father or mother be alive, and a oTkuUnVthdl
child dies inteftate, and without iffue, fuch father (or the mother, in cafe the father t)fei?Sea
dead; and not otherwife) fhall come in on the fame footing, as a brother or lifter would
do. The next of kin fhall be inveftigated by the following rules of confanguinity,^oftc«ni
that is to fay, children fliall be neareft; parents, brothers and fillers fhall be equal in
refpecl to diftribution, and coufins fliall be next to them : The half blood fhall be "ulfiy wltiui*
admitted to a diftribution fliare of the real and perfonal eftate in common with the full w
blood.
2. And be it further enabled, That the fame rules fhall obtain in regard to the^.™'^;^
granting letters of adminiftration on inteftate eftates, as are before mentioned for ^minfetr**
the diftribution thereof: and fhould any cafe arife, which is not exprefsly pro-
vided for by this aft, refpecling inteftate eftates, the fame fliall' be referred to and
determined by the common law of this land, as it hath flood fince the firft fettlement
of this ftate, except only, that real and perfonal eftate fhall always be confidered in ^'^"f
refpeel; to fuch diftribution as being precifely on the fame footing ■: And in cafes of %*££§ °,\z.
intermarriage, fince the twenty-fecond day of February, one thoufand feven hundred ofeti«wifev«,
and. eighty-live, the real eftate belonging to the wife fliall become veiled in, and pafs bcan<£the ^
to the hu lb arid, in the fame manner as perfonal property doth ; and in cafe of the
death of the hufband thereafter, inteftate and without will, the faid eftate fliall defcend andpoW.
and become fubje& to diftribution, in the fame manner as perfonal property. "rolltitT ot
3. And- be it further enabled by the authority ajorefaid, That all letters of adminiftra- f™«fnagdmimv
tion fhall be granted, letters teftamentary iffued by, and the proving of wills, be before ving°\vm^pi0'
theregifter* of probates of the county ; and where applications are made for letters of
adminiftration,' the regifter fhall give thirty days' notice thereof in fome public gazette,
and by advertifement at the court-houfein each county, before fuch letters fhall be
granted : But fuch regifter fliall or may at his difcretiori, grant letters to collect, and
take care of the eftate and effeQs of the deceafed, as well during the thirty days, as
pending any fuit touching the right of granting fuch adminiftration or otherwife, as
the occafion fliall require, taking good and fufheient-fecurity from the perfon or per- - ' ■ -
r linn r 1 1 Superior rstfflt
ions- to whom he in all grant iucn temporary letters. tohearan<tda-
• 4; And be it further enabled by the authority- aforefaidr That the- judge or judges of ^ters;^v?n"
the fuperior court fhall be, and they are hereby authorized arid empowered to take ^^"^
* This power is now vefted in- the court of ordinary. See act of 1 6th February, 1 79:9.
218 EXECUTORS AND ADMINISTRATORS.
cognizance of, to hear and determine all controverfies refpefting the proving of
wills and tcftaments, the granting letters teitamentary, and letters of adminiftration ;
and that in all cafes wherein a caveat has been before entered, and is yet undetermin-
sen^up'aTci- ed, or wherein a caveat may hereafter be entered, to prevent the proving of a will,
vests to tlie su- . ' • . . ■ . r . r ~
¥cr;0r court, granting letters teflamentary, or letters of adminiftration, the regifter of probates fhal!,
twenty days before the firit meeting of the fuperior court of each county, make up
the record of all proofs. and allegations touching the matter in difpute before him,
and lay the fame before the judge or judges of the fapcrior court, who, after hearing
the parties, and conhdering the proofs exhibited, or to be exhibited, mall proceed to
determine on fuch caveat, agreeably to the rules and principles of law and equity.
o,uMyCtohe - 5. And be it further enabled, That where the regifter of probates applies for letters
iTc1offi&. of administration or letters teftamentary, the fame mall, in fuch cafe only,, be granted
by the clerk of the county,, under the regulations herein contained: Provided al-
ways, That a record of fuch proceedings (hall neverthelefs be made in the office of
fuch regifter after the proceedings are completed.
Register sh?n g An& l& it further enabled, That the regifter of probates in each county, mail
>»tant marriage . J . . . n r r • ■ r ■
jicenfes. grant marriage licenles to any minifter of the gofpel, or juftice of the peace, to join
perfons of lawful age, and authorized by the levitical degrees, to.be joined together
SK1^' in the holy ftate of matrimony; and where fuch perfons intending to marry, mall
have the banns of the marriage publifhed three times in fome public place of worfhip,
it (hall be lawful for fuch minifter or juftice, to marry the perfons fo publiihed afore-
^gfh3*i& faid; and any perfons marrying without fuch licenfe or publication, the perfon mar-
feUoneL^un-r"rying them (hall forfeit one hundred pounds, to be recovered for the ufe of the, aca-
dred pound* to / . #. 1
♦he u«e oi -tiic demy or the county.
*»' SEABORN JONES, Speaker of the Ho ufe of Rep refent alive s.
NATHAN BROWN SON, Prefidcnt of the Senate. "
Concurred Dccmbcr 23, 1789.
EDWARD TELFAIR.
An ■ &H to authorize and ernpomcr executors, and adminijlrators to make titles to land in
'$' certain cafes.
Titles to w&i x. T> E IT ENACTED by the Senate and Houfe of Retire fentativts of the fate of
™ycxe™ito.e» i*^* Geo.rgta.in General Jj/embly met, and it is hereby enacted by the. authority of the
Sr^SSSr^ faitie, That where it fhal I clearly and indifputably appear, that any. perfon or pqrfons
orto'SLi hath, or have entered into ajiy bond, obligation, or other agreement in writing, w here-
ISiS^Si?i by they were bound to. make titles to any lands, tenements or hereditaments,, and iha*I
?faf ,?urpoV-,°r die without having performed, the fame, or making provifion thereof by will, the, Pj£fr
miteompTyLg fon or perfons to whom fuch bond, obligation or other agreement in writing as afore-
ohiilzeemi'.S"' faid was given, flia.ll petition the court of ordinary in which the executors or admi-
tounofordi- niftrators refide, and annex a cop.y of fuch bond,, obligation, or other, agreement there-
to, praying the court to dire£l the executors of fuch teftator, or admimftratox o,f fuch
inteftate, to make titles for > the lands, tenements or hereditaments, exprejfted in the
t«h»fha!i pub- faid bond, obligation, ay other agreement; whereupon the faid court ujall give at leaft
tksrcoi. three months notice, m one oi the public gazettes, and m thepuphq places ot the coun-
ty, of fuch .applications; and that the executors or adminiitrators will be directed, at the
court to beheld at the next term, to make titles agreeably to fuch bond, obligation or
agreement; and if no objection ft) all be made thereto du ring the faid, next term, it fhall
and may be lawful for the executors of fuch teftator, or the administrators of fuch i»»
the »&id cotirt.
'EXECUTORS AND ADMINISTRATORS, m
teltafd, Upon application made to him or theiri for that purpdfe; and upon its being
made known to his, her or their fatisfatYion, that the contract, hath been carried fairly
into effect, on the part of the perfon or 'per fons to whom fuch bond, obligation or
other agreement in writing was made, or their legal reprefentatiVcs, and the amount
of the purchafc money or the confideration for Which the laid contract was entered
into fhall be fully paid or performed, with the concurrence of the court of ordinary
of the county hi which the iriteftatedied or refided at the time of his or her deceale;
t6 make and execute titles in fee fimple for fuch lands or tenements, arid fully and 7 mc to u
completely perform the COntraft and agreement of the deceafed, as perfectly and ef- dircdionofthc
feclually, to all intents and purpofes, as the party having made the faid contract might
Or could have done when in life, any law to the contrary lWtw ith flan ding 1 Provided ^^l^.^-
alxvays ncverlhelefs, and be it further endblcd, That if any of [he heirs or legal r epre- [^j£.
fentatives of the deceafed^ flia.il oppofe'or diflent to the making of fuch titles by the
executor or adminiilrator, fuch executor or adminiilrator fhall withhold and forbear
to make fuch title or titles, until a fuit fhall be inftituted again ft him Or them, and a
Vcrdicl of a jury, or judgment of the court, fhall pafs agamit him for that pUrpofe.
2. And be it further enabled) That it fhall be the duty of fuch executor or execu- n^n-iption of
tors, adminiftraiior or adminiff rators, ih all cafes where titles to lands are made in l^ondmuit
virtue of this acts to make a fair ilatement thereof, defcribing the boundaries and cSe.iA offiU^r
ntuation of the land* and return the famej together with the bond, obligation or other
agreement in writing, which may have been taken up upon making fuch 'li'flesj to the
court of ordinary, to be filed in the clerk's office of that Court} fubjeel to the infpec-
tion of all perfons intereiled.
DItIS MERI WETHER, Speaker of the Wolfe of ReprefentetiveSi
ROBERT WALTON, Prefident of th'e Senate-.
Affented to February 15, 1700. ^
JAMES J AC&mNy Governor,
-An tut td carry into effeB, the fixth fiction of tlie third aHi'cte of the lonfiiutioh, unci t$
amend an act, entitled u An act to cdrry into cffeEt the fixth fiction of the fourth ar-
ticle of the tonftitution," touching the dijiribution of inteflate ejlates, directing the
manner of granting letters of ddminifiratvdn, letters tefdmenttry^ and mnrriage li-
cenfes, and to prevent 'entail's.
i. tS E IT ENACTED ty%e Senate and tioufe of ke preventatives af'mjUte of
JL.M Georgia in General Afjembly met, and by the Authority of the fame it is'Kereby
enabled, That from and after the paffing of this act, the inferior courts in each couh-)virii(!ia;on<sr
ty fhall have jurifdiclion aid authority to hear and determine all caufes, matters, fuits ordinal
and controverfies} teftamehtary, which mall be brought before them, touching the
proof of wills; arid mall examine and take the proof of wills; grant probate there-
of, and fhall hear arid determine tHe right of adrriiriiltratioh of eflat.es or perfons dying
inteftate, atid to do all either things touching the granting letters teftameritary arid let-
ters cf adrriiniffration, according to law arid right, and fhall 'appoint its : own clerk, Thecoma-
who fhall Be commilfidried by the governor, arid Before he enters on the duties pf*Wb,0**rfo
his office, fhall take an oath, well and truly to perform the duties required of him as
clerk of the court of ordinary, to be adminiilered by one 6T the judges thefeufc c
220 EXECUTORS AND ADMINISTRATORS.
Applications 2. And be it further enabled, . That all applications for letters of admin ifi ration mail
admfniTation be madeto the clerk of fuch ordinary, who (hall give notice thereof in one of the
thcderk.Vho public gazettes of this ftate, and by advertisement at the court-lioufe of fuch county,
ticetlereof, at leaft thirty days before the fitting of the faid court of ordinary; and fuch clerk
ror* the sitting may at his difcretion grant letters to colleB: and take care of the effe£ts of the deceaf-
of the court. * * ■ c?
cierk may eH until the meeting of fuch court; and the faid court mail alfo ^rant; fuch letters in
grant tempora- ,, r . tr't • o"
*y letters, au cafes where there mail be an appeal from the determination thereof to the fuperior
court, and in either cafe, the perfon obtaining fuch temporary letters of administra-
tion, fiiall give bond and fecurity for the faithful performance of the trull repofed in
fuch perfon or perfons.
ueena-rdufc- 3' ^ n^ be it further enabled, That the clerks of the courts,, or ordinary, in the fe-
'mi"l"6yice veral counties, (hall grant marriage licenfes, directed to any judge, juftice of the in-
ihe 'gispef °S ferior court, juftice of the peace, or minifter of the gofpel, to join perfons of law-
ful age, and authorized by the Levitical degrees to be joined together in matrimony;
orbannsmay and where fuch perfons intending; to marry fhall have the banns of marriage publifh-
be published. . • f P J , ■ ■;■ O r
ed three times in fome public place of worfhip, it fhall be lawful for fuch judge, juf-
tice of the inferior court, juftice of the peace, or mipifter of the gofpel, being duly
Fivehun<ired certified thereof, to marry the perfons whofe banns have been fopublifhed; and any
tu'efoi -any1" perfon marrying any couple without fuch licehfe, or publication of fuch banns, fhall
aeco^e0^th-y forfeit five hundred dollars, to be recovered for the ufe of the academy of the county,
EannTtote'V by aclion of debt in any court 'having cognizance thereof, in the name of the com-
plied to the use ■/.rf, „ . , / O O 7.
eftheacademy. miliioners or luch academy.
clerk's fees. 4. A iid be it further enabled, That the fees of the clerk of the court of ordinary
fhall be the fame as the fees heretofore allowed to regifters of probates.
Elates not to 5- And he it further enabled, That eftates mail not be entailed.
RepSiig1' 6. And be it further enabled, That fo much of the faid recited acYas comes withia
the purview of this, fhall be, and the fame is hereby repealed.
DAVID MERIWETHER, Speaker of the Honfe of Reprefentatives,
ROBERT WALTON, Prefident of the Senate.
Affented to February 16,1799.
JAMES JACKSON, Governor.
Preamble.
An abl, to be entitled an abl to protect the eftates of orphans, and to male permanent
pfovifion for the poor.
WHEREAS there is no law in this ftate which fufficiently points out the manner
in which the eftates of deceafed perfons fhall be afcertained, and the duty of
executors and adminiftrators prefcribed, whereby orphans and others are injured in
their juit rights: for remedy whereof,
Executors ani : i. Be it enabled by the Senate and Houfe of Reprefentatives of the ftate of Georgia, in
ttSt'a- General AJfembly 'met, That every executor and administrator fhall annually, whilft
SEer1*11 " 'the eftate fhall remain in his or their, care, or cuftody, on the firft day of January, or
within ten days, thereafter, render to the regifter of probates in the county in which
they obtained probates of, willj' or letters, of adminiftration, a juft and true account,
uponoath upon oath, of the receipts and expenditures of fuch eftates the preceding year, which,
I when examined and approved, fhall be depofited with the inventory and appraifement.
Accounts to be rr ,-1 f, i r • 1 rr t 11 f I.
dgmtonnuw or other papers belonging to fuch eftate, in the faid office, there to be kept tor the
EXECUTORS AND ADMINISTRATORS. 221
inflection of fuch perfons as may be interefted in the faid eftate; and that no charge
mall be made for fuch fearch and inflection by perfons interefted; and if any exe- s&aifbrfat
cutor or adminiftrator ihall neglect to render fuch annual accounts, he fhall not be«j>nstforne-
entitled to any commiffions for his. trouble in the management of the faid eftate, and
fhall moreover be liable to be fued for damages by any perfon or perfons interefted in
the faid eftate; and in all cafes wherein probate of will or letters of adminiftration
have been at any time heretofore obtained, and letters difmiffory have not been had
thereupon, every fuch executor or adminiftrator fhall, within twelve months after
the pa fling of this act, render into the regifter of probates' office, in the county where-
in the faid probate of will or .letters of adminiftration had been obtained, a juft an$
true account, upon oath, of the receipts and expenditures of fuch eftate for the time
he or they hath or have had the charge, care or cuftody of the fame, and in cafe fuch,
executors or adminiftrators fhall neglect to render fuch accounts fairly ftated, toge-
ther with a copy of the feveral vouchers to eftablifh fuch accounts, fuch executor
or adminiftrator fhall not be entitled to any commiffions for his trouble in the ma-
nagement of fuch eftate, and fhall moreover be liable to be fued for damages by any
perfon or perfons interefted in the faid eftate; and in fuch feveral cafes of negleft the
charge of commiffions fhall not be admitted in any court of record in this ftate : And
in cafes where any perfon fhall die teftate, and appoint an executor or executors to
his will, againft which executor or executors there lhall be any charge of neglect or
mal-pra&ice, by any devifee, legatee or creditor, that the fuperior court fhall hear
and determine fuch charge and complaints and if the judge of fuch court fhall deter- superior court
mine in favor of the application, then and in fuch cafe the judge of the court fhall or- pi*&»t conu>ei,
der and direct that the executor fo complained. of, fhall give fecurity, in the difcretion eivc security.
of the court, for the faithful execution of the truft.
2. And be it further enabled by the authority aforefaid. That when any will ihall be Estates to be in-
proved, or application is made for adminiftration for any perfon dying inteftate, the apposed innd
regifter fhall direft the executors or adminiftrators, to make outan exact inventory Qf tlreemontls-
the perfonal eftate of the deceafed, and fhall appoint three or more refpectable free-
holders, who fhall appraifethe fame on oath, which inventory and appraifement fhall
be returned within three months into the regifter's office; and every appraifement Appraisement
made as aforefaid, may be given in evidence in any action againft fuch executors or ciudveevi.
, » ' . _ Jj ■ ° , *•' o deuce of the
adminiltrators, to prove the value of the eftate, but fhall not be conclufive, if itvalut-
fhall appear on the trial of the elaufe that the eftate was really worth or bona fide fold
for more or lefs than fuch appraifement,,
3. And be it further enabled. That when any perfon fhall make a will in writine, ,Inwhatcases
• L • • < , * -n 1 & letter* of ad-
witnout appointing any executor or adminiitrator therein, Or fuch executor or exe- n,li']htration
n 11 r r ,V r .■/ . snail be graiv
cutors Ihall refule to qualify, the regifter of probates of the county wherein fiibh Sai^SSt
will fhall be proved, fhall on application, grant letters of adminiftration with the will
annexed, to fuch perfon or perfons as would have been entitled thereto, if the deceaf-
ed had died inteftate.' And if any perfon fhall die' inteftate, ; the regifter of the coun-
ty wherein the will of fuch perfon (had he or fhe left one) would have been proved,
fhall grant letters of adminiftration to them who would have been entitled thereto.
4. And he it further enabled, That if any perfon haVingin poffeffion the will of a PerMns detain-
deceafed perfon, fh all neglect to produce the fame to be proved, upon application to'"°%^d1t
tne superior court of the county where lueh will ought to be proved, procefs as for
contempt fhall imae, and the perfon fhall be fined and imprifoned until the will fhall
be delivered. ■
22i EXECUTORS AND ADMINISTRATORS.
wEmS'Si^ & -Andbcik further cnaEcd, That every executor or adminiftrator, with the wilt
Sinffiratbtt** anncxec^? at tibc time of proving the willj or granting adminiftration, mail take the
with the win following oath:
" I do folemnly fvvear, that this writing contains the true kit will of the within
named A. B. deceafed, fo far as I know or believe; and that I will well and truly
execute the fame, by paying firll the debts* and then the legacies contained in the faid
will, as far as his goods and chattels will thereunto extend, and the law charge me;
and that I will make a true and perfect inventory of all fuch goods and chattels.
So help me God."
oat^toivfi 6* ^1K^ tne adminiftrator with the will annexed, fiiali enter into bond, with good
how! and ,wu- ajlti fuftieient fecttrity, in a fum equal to the, value of the eftate at leaf!;., the condition
l^fitioa'!* of which bond (hall be in form following, to wit: " The condition of this obligation
is fuch, that if the above bound C. D. adminiftrator (with the will annexed) of the
goods, chattels and credits of is4 F. deceafed, do make,, or caufe to be made, a true
and perfett inventory of all and lingular the goods, chattels and credits of the faid
deceafed, which have or mall come to the hands, or poffeffion, or knowledge of the
faid C, D. or into the pofleffion of any other perfon for him ; and the fame fb made,
do exhibit to the fuperior court of the County* or to the regiltef of probates thereof,
at inch time as he fhall be thereunto required by the faid court of regilter, and the
lame goods, chattels and 'credits do Well and truly adminifter according to law, and
make a juft and true account of hisa&ings and doings* when by law required; and
further do well and truly pay and deliver all the legacies contained and fpecified in the
laid will3 as far as the faid goods, chattels and credits will extend, or the law require^
fevaiillattethc l^cn l^s obligation to be void* clfe' to remain in full force/' "Which bond fhall. be
i^"^1^ made 'payable to. the regiftcr of probates for the county* and his fuccelfors in office*
uerk^oSce-1'16 a^°- recorded in the clerk's office of the fuperior court, and may be fued for from time
to time by any perfon injured by the breach thereof, until the whole penalty be reco-
vered, and damage fuftained, being affeffed oh fuch fuit by the verdi£t of a jury*-
may be levied by execution* and paid to the party for whom they were affeffed.
A.inuniitratov'j 7. Every adminiftrator wheii letters ale granted to him*- mall talce the following
oath or affirmation, as the cafe may be, before the regiftef of probates : " I do folemn-
ly fwear or affirm, that A. E. deceafed* died without any will* as far as I know or be-
lieve, and that I will well and truly adminifter on all and fingiilaf the goods and chat-
tels, rights and credits of the faid deceafed, and pay all his juft debts, as far as the fame
will extend, and the law requires file •; and that I Will make a true and perfect inven-
tory of all and fingular the goods and chattels, fights and credits* and a juft retunj
•thereof, when thereunto required. So help me God;"
6i.aii KH-H>ond 8. And fuch adminiftrator fhall 'alfo enter into bond with good fecurity^ to be ap-
.u.d security. p0mtetj fry tjie regjfter) jn a fum equal to the full value of the eftate, with a condition
ronjicfthe following* to wit; ** The condition of the abdve obligation is fuch, that if the above
bound A. B. adminifter to the goods* chattels and credits of C. D. deceafed, do
make a true and perfect inventory of all and lingular the goods, chattels, and credits
of the faid deceafed* which have or fhall come to the hands, poffeffion or knowledge
of the faid A. B.ox into the hands or poffeffion of any other perfon or 'perfons for
him ; and the fame fo made, do exhibit into the faid court of — — — '■ , when he (hall
be thereunto required ; and fuch goods, chattels and credits, do well and truly ad-
minifter according to law, and do make a juft and true account of his actings and do-
ings thereon, when required by the fuperior court or regifter of probates for the coun-
ty. And all the reft of the goods: chattels and credits? which fhall be found remain-
condition.
EXECUTORS AND ADMINISTRATORS. 223
ing, upon the account of the faid adminiftration, the fame being firft allowed by the
faid court, fhall deliver and pay to fuch pcrfons refpeftively, as are entitled to the
fame by law. And if it fhall hereafter appear, that any laft will and teftament, was
made by the faid deceafed, and the fame be proved before the court, and the execu-
tors obtain a certificate of the probate thereof, and the faid A. B. do in fuch cafe, if
required, render and deliver up the faid letters of adminiftration, then this obligation
to be void, elfe remain in full force." Which bond fhall be made payable to the re- • "f^mdccfm
gifter of probates, for the county in which the fame fhall.be given, and to his fue- like n,<inn«-
ceflbrs in office, and recorded in the clerk's office of the fuperior court, and may be
fued in like manner as is prefcribed in the preceding claufe of this act, in the cafe
of bonds given by executors with the will annexed; and in cafe the regi Iter fball fail tJ^^dtcr
to take bond with fufficient fecurity *as aforefaid, fuch regifter fhall be liable to be ^nl'ecurity,
fued for all the damages arifing from fuch neglect, by any perfon or perfons- interefted ^1 '^ to
in the eftatc. If the fureties for adminiftrators conceive themfelves in danger of being securities of »d.
injured by fuch furetyfhip, they may petition the fuperior court of the county wherein baybere-*
they ftand bound, for relief; which court fhall fummon the adminiftrator to appear, l
and thereupon make fuch order or decree as fhall be fufficient to give relief to the
petitioner.
9. That if any widow, after having obtained letters of adminiftration, fh all marry Letters of at*
again, it fhall be in the difcretion of the judge of the fuperior court, to revoke the ^nSdma y
adminiftration to her granted, or join one or more of the next of kin to the tnteftate,herrmariage,
in the admin titration with her. joined wuiihs?.
10. The debts due bv any teftator or inteftate, fhall be paid by executors or admi- n^tsjjiwhat
niilrators in the order following, viz. funeral and other expences of the laft fieknefs;
charges of probate and will, or of the letters of adminiftration ; next debts due to
the public; next judgments, mortgages and executions, the elde ft firft; next rent ;
then bonds or other obligations; and laftly, debts due on open accounts; but no pre-
ference whatever fhall be given to creditors in equal degree, where there is deficiency
in aflfetSj except in the cafes of judgments, mortgages that fhall be recorded, froiri
the time of recording, and executions lodged in the fheriff's office, the eldeft of which
fhall be firft paid; or in thofc cafes where a creditor may have a lien on any part of
the eltate. Every executor or adminiftrator fhall give fix weeks' notice by advert ife- [jfj^JS ■
raent in one of the public gazettes in this ftate,, or at three different places of the mod %?%&$%?
public refort. in the county, for creditors to render an account of their demands; and
they (hall be allowed twelve months to afcertajn the debts due to and from the de-
ceafed,, tQ be. computed from the probate of the will or granting letters of adminiftra^
tion. And creditors neglecting to give in a ftate of their debts within the time afore- creditor* «>■■«
faid,, the executors or adminiftrators fhall not be liable to make good the fame, nor m^dfatwdVe
fkallany action be commenced againft any executor or adminiftrator for the recovery
of the debts due by the teftator, or inteftate, until twelve months after fuch teftator
or inteftate's death.
11. That all and every the executors and adminiftrators of any perfon or perfons, £i*1r
who as executor or executors in his or their own wrong, or adminiftrators, fhall walk Chargeable
qr convert any goods, chattels, eftate or affets of any perfon deceafed to tfreir own
life, fhall be liable and chargeable in the fame manner as their teftator or inteftate
would have. been if they had been living.
12. And be it further enabled, That it fhall and may be lawful for the inferior Inferior,C(>t;rr'
1 * niav ortlcr the
courts in the feveral counties of this ftate, to order a fale, which fhall be at public "te'IfteTnlne
auction, and on the firft Tuefday of the month, at the place of publje fales in the^^f1^
TiMOtlll
Executors 111
own
wronj;, ho^V
224
EXECUTORS AND ADMINISTRATORS.
The art of
jyth February1,
176.1, and the
ad of lid De-
cember, 1789,
arc; in force. •.
hut shall not ..
operate againft
this aci.
Justices of the
inferior court
are to provide
for the poor,
hind out or-
phans, appoint
guardians, 0-
verseers, Sec.
May levy a
poor tax.
Collectors to
receive five
per cent.
Mode of col-
tectum.
faid county, firft giving fixty days' notice thereof in one of the gazettes, and at the
door of the court-houfe in the county where fuch application (hall be made, of fuch
part or the whole of the real eftate of every teftator or inteftate, on the application of
ihe executor or executors, adminiiirator or administrators, of fuch teftator or intef-
tate, where it is made fully and plainly appear that the fame will be for the benefit of
the heirs or creditors of fuch eitate: Provided, That a notice of fuch application
for fale be firft made known in one of the gazettes in this ftate, and at leaft nine
months before any order abfolutc fhall be made thereupon.
13. And be it, further enacted, That an aft, entitled " An aft to direct executors
and adminiftrators in the manner and method of returning inventories and accounts
of their teftators and inteftates' eftates, and for allowing, them, and aHother perfons
who fnall or may be interefted with the care and management of minors and other ef-
tates, to charge commiflions thereon, ' paficd the twenty-ninth day of February, one
tho.ufand feven hundred and fix ty-four ; and an act, entitled " An aft to carry into'
effect the fixth feftipn of the fourth article oi the conditution, touching the diftribu-
tion of the inteftate eftates, directing the manner of granting letters of adminiftratiori,
letters teftamentary, and marriage licenfes," paffed the twenty-third day of December,
one thou fand. feven hundred and eighty-nine, be, and the fame are hereby declared to
be in force, in cafes where they apply ; but no clan fes therein fhall be admitted to \
operate againft this prefent aft.
14. And to the end that permanent provifion be made for the poor, Be itjurthtr'
enaEted, That the inferior courts in the feveral counties in this ftate, fhall have power
to enquire into the circumftances of the poor, bind out orphans, and appoint guar-
dians, in the manner pointed out by law, and appoint overfeers over the poor, Pro-
vided, That no juftice of the inferior court fhall be appointed an overfeer of the'poor.
And the faid juftices and overfeers of the poor, fhall have power to levy annually a
tax, and a fiefs all taxable property returned in their refpeftive counties, not exceeding
one fourteenth part of the general tax of fuch county annually, which mail be colT
lefted by the tax collector of the county, who fhall be allowed at and after the rate
of five per centum on the net amount of fuch collection, and who mall at the firft:
inferior court, after the nril Monday in May annually, make to the juftices of the in-
ferior court a true return of the ftate of the collection of fuch tax, and a report in
writing of his proceedings, and {hall therein fairly ftate the amount of his collection;
and that the tax collectors' ftatements and collections fo made up, fhall be filed of re-
cord in the clerk's office, open to the infpeftion of any perfon interefted therein.,
And in cafe any perfon or perfons fhall refufe or neglect to pay fuch tax, it fhall and
may be lawful for the fheriff of the county to diftrain for the fame, in like manner
as the collectors are authorized to diftrain for the general tax, and fhall have the like
commiflions therefor, and the money arifing from the faid tax fhall be paid intO'thp
hands of the faid overfeers, for the relief of the poor; and the faid overfeers 'fhall*
once in every year, make up their accounts and lay the fame before the juftices of
the faid court, who fhall exprefs their approbation or difapprobation of the fafne, on;
the back of the faid accounts fp to be produced.
15. And whereas thejuftices of the inferior court were authorized in and by an act,
entitled " An aft for regulating the judiciary department of this ftate", to make affeff-
ments for the relief of the poor, in the feveral counties, in this ftate, and no mode •
was therein expreffed in which a ftatement fhould be made for the fame,
V'-i
EXECUTORS AND ADMINISTRATORS. 225
16. Be it enaBed, That all monies raifed by fuch affeffment fhall be accounted "««*«?&?"
for within fix months after the palling of this acl, and the tax collector mail bring a tolcfcc'su^
fair Abatement of the fame into his firlt report, and in cafe the perfon or perfons who recovered,
fhall have received the faid monies, and upon demand, and due notice by the faid
collector, fhall refufe or neglect to account for fuch monies as aforefaid, then, in
that cafe, the collector mall procure fuch evidence as may beneceffary to fubftantiate
fuch account, and fhall thereupon apply to the attorney or folicitor general, to com-
mence fuit or fuits at law for the recovery of the money fo withheld, and the delin-
quent fliall moreover be fubject to treble corf.
WILLIAM GIBBONS, Speaker of the Houfe of Reprefentatives*
BENJAMIN TALIAFERRO, Prefidtnt of the Senate,
Concurred December 18, 1792.
EDWARD TELFAIR, Governor,
An att for the better prdteBion and fecurity of orphans and their efates.
i. T) E IT ENACTED by the Senate and Houfe of Reprefentatives of the fate of
.13 Georgia in General Affembly met, and by the authority aforefaid it is hereby en-
aBed, That from and after the paffins; of this a6h it fhall be the duty of the clerks of cierkjof tMj
1, . * courts of ovdi"
the courts of ordinary, in the relpective counties, to enter into a book to be kept for ",^n^ente^.
that purpofe, the names of all the executors, adminiltrators and guardians, which f^uttr°arts0'rs&
may have been or fhall in future be appointed in the feveral counties, together with s^^^
the names of their fecurities, which book fliall at all times be fubjectto the examina-r^rsecreia"
tion of the inferior court, and of fuch other perfon or perfonsj as may be interefted
therein.
2. And be it further enaBed, That all guardians, executors and adminiftrators, $$£3"^
heretofore appointed, and which fliall hereafter be appointed, fhall at the next inferior year? returnS
court, after the expiration of nine months in the refpective counties after the pairing of oath"nt
of such
this ad, exhibit an account on oath of all the eftate of fuch orphan or deceafed perfon, ^1 bantered
which he or they fhall have received to be entered by the clerk of the court of ordinary, !&£kke"tf§
in a book to be kept for that purpofe only; and when fuch court fliall know or be in-1 at puri>ose-
formed that any fuch guardian, executors, or adminiftrators, fliall wafte or in any man- waste of sudi
ner mifmanagethe eftate of fuch orphan or deceafed perfon, or does not take due care be prevented.
of the education, and maintenance of fuch orphan according to his, her, or their cir-
eumftances, or where fuch guardian, executor or adminiftrator, or his, her or their fe-
curities are likely to become infolvent, fuch court may make fuch order for the better
managing and fecuring fuch eftate and educating and maintaining fuch orphan, as
they fhall think fit,
3. And be it further enaBed, That it fliall be the duty of all fuch guardians, execu- Fuii accounts
tors and adminiltrators, to render a full and correft account of the ftate and Condition annuauy.6 c
of fuch eftates as they may feveral ly have in their poffeffion, to the firft term of the
inferior, court in the refpeQive counties, in which they fliall feve'rally be appointed in
every year, which account fhall contain a ftatement of the tranfaclions of the eftate to
the laft day of December preceding fuch court;, and the faid courts fhall yearly at the
court aforefaid, examine the accounts of fuch guardians, executors and adminiftrators, To be exam;?-
fo to be exhibited, and fhall direct procefs to iffue returnable to the next court againft pKSIe'
T? £• ~ against allthoae
£ I JnUeftul*.
226 FEES OF PUBLIC OFFICERS.
all guardians, executors and adminiftrators then failing to appear, and render inch
account whether he, fhe, or they, be refident in the fame or any other county ; and
inferior court ma^ a^0 enquire into the abufes or mifmanagements of all guardians, executors
intlo1aCbu!sxsr,e& apd adminiftrators; and whether they or their fecurities are likely to become infolvent
torrettthem. or no^ an(j thereupon to proceed according to the powers herein before given, by
proviso. this aft: : Provided, That nothing herein contained mail be conftrued to reflrain the
faid inferior courts from enquiring as often as they (hall think proper, into the abufes
and mifmanagement of guardians, executors and adminiftrators, but they may exer-
cife fuch powers at any time when it mail appear neceflary.
Guardians to 4. And be it further enabled. That all guardians mall be allowed, in their account,
be allowed, rca- !-'.'%•■ ™
tenable dis- to charge all reafonable difburfements and expences fuitable to the circumftances of
ffthelnnuai tne orphan committed to his care. And where it (hall appear to the faid court that the
tarteofinhor." annual profits of the eftate of any orphan is not fufficient for the education and
[idMuomai'n- maintenance of fuch orphan, for the whole or fuch part of the time of fuch orphan's
tamiumor minority as to them fhall feem beft, and the perfon to whom fuch orphan mail be
bindwrno^tf bound, mail undertake to clothe and maintain fuch apprentice in fuch manner as
"enrr/a\cto the the faid court may direft, and (hall caufe fuch apprentice to be taught to read and
»eem proper, write the Englifh language, and the ufual rules of arithmetic. And in all cafes
courts!™ u't wnere it ma^ appear to the court that any perfon to whom any orphan fhall be bound
suchoi-phan* in manner aforefaid, fhall mifufe or ill treat fuch orphan, or fhall fail to comply
j£r°on? other W^tn tne condition on which fuch orphan was bound, it fhall be the duty of the faid
court, on due notice and proof thereof, to take the faid orphan out of the poffefhon
of fuch perfon, and bind him or her to fome other peii'on.
if an uar- 5* And be it further enabled, That when any guardian, executor or administrator,
^"cnarfieaMe chargeable with the eftate of any orphan or deceafed perfons, to him, her or them
of any'orpiun6 committed, fhall die fo chargeable, his, her or their executors or adminiftrators, fhall
perioneasieaii be compellable to pay out of his, her or their eftate, fo much as fhall appear to be
the'uexicu-0' due to the eftate of fuch orphan or deceafed perfon, before any other debt of fuch
tors, Xx. shall . n . ■ • . n .
paythesarae. teitator or lntcitate.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
ROBERT WALTON, Prefidentofthe Senate.
AfTented to February 18, 1799.
JAMES JACKSON, Governor.
FEES OF PUBLIC OFFICERS.
And abl to revife and amend " An abl for afcertaining the fees of the public officers of
this flat e."
reesofthepub- 1. T3 E IT ENACTED by the Senate and Houfe of Reprefentatives of the fate of
certaiwai. J -13 Georgia in General Affembly met, and by the authority of the fame, That the
fees of the different public officers herein after mentioned, may be by them refpeftive-
ly received, as follows :
Pernor. GOVERNOR'S FEES.
For figning a grant for five hundred acres or under, four {hillings and eightpence.
For figning a grant above five hundred acres, and not exceeding one thoufand acresa
nine [hillings and fourpence.
FEES OF FUBLIC OFFICERS. 227
On all grants above one thoufand acres, at and after the rate of nine fhillings and
fourpence for every thoufand acres therein contained.
Ordering the great feal of the flate to any paper of a private nature, four fhillings
and eightpence.
Which fums fhall be paid into the treafury for public ufe, before any fuch grant or
other paper is figned by the governor.
SECRETARY OF STATE's FEES. S^*
For a grant of land, and preparing and affixing the feal thereto, if five hundred
acres or under, four fhillings and eightpence; if above five hundred acres, nine
fhillings and fourpence.
For registering a grant, two {hillings and fourpence.
For a bond, two fhillings and fourpence.
For a teflimonial with the great feal, feven fhillings.
For every fearch, fevenpence, . '
For every militia commiffion, to be paid for by the public, two fhillings and four-
pence.
Preparing and countersigning a dedimus poteftatem two fhillings and fourpence.
Entering fatisfaclion on every mortgage, one milling and twopence.
Drawing and engroffing a proclamation, four fhillings and eightpence.
Fixing the great feal of the ftate to any other paper, four fhillings and eightpence.
For a certified copy of a grant or other paper, per copy fheet, threepence halfpenny.
SURVEYOR GENERAL'S FEES. suWEo«.
For examining a plat, two fhillings and fourpence.
For recording a plat, not exceeding five hundred acres, three fhillings and fixpence;
if exceeding five hundred acres, feven fhillings; if exceeding a thoufand acres,
fourteen fhillings.
Recording a plan of a town, townfhip or village, forty-fix fhillings and eightpence.
Transmitting a caveat to the governor, and attending thereon, four fhillings and
eightpence.
A certified copy of an original record, three fhillings and fixpence.
A certified copy of an original warrant, two fhillings and fourpence,
A fearch, fevenpence.
Recording and iffuing a certificate of a town lot, two fhillings and fourpence.
COUNTY SURVEYOR'S FEES. amim
Surveying a town lot and returning a certificate thereof to the furveyor general's of-veyor#
fice, four fhillings and eightpence.
Surveying a tract of land, of or under one hundred acres, twelve fhillings and fixpence.
Each hundred acres after the firft, two fhillings and fixpence
Making a plat, recording, advertifing and tranfmitting to the furveyor general's of-
fice, four fhillings and eightpence.
Entering a caveat, advertifing and giving a certified copy thereof, feven fhillings; at-
tending trial of the fame, three fhillings and fixpence; each postponement, two
fhillings and fourpence; to be paid by the perfon postponing the fame.
Recording judgment and giving a certified copy thereof, two fhillings and fourpence.
Entering an appeal and giving a certified copy thereof, four fhillings and eightpence.
For a re-furvey of land by order of court, of or under one hundred acres; twelve
fhillings and fixpence for the firft ond'hundred acres; for every hundred acres
after the firft, two fhillings and fixpence.
I
ri.-t!,
£28 FEES OF PUBLIC OFFICERS.
For making and certifying a plat thereof, and tranfmitting the fame, four (hillings
and eightpence.
And for any other re-ftirvey, the fame as aforefaid.
shenffincwu SHERIFF'S FEES IN CIVIL CASES.
For ferving a copy of a procefs, and returning the original, feyen millings ; if
more than one defendant, for each additional copy ferved, two fhillings and
fourpence.
Levying execution on the body or property, feven fhillings.
* Summoning each witnefs, two fhillings and fourpence.
On all fums where the execution does not exceed fifteen pounds, five per centum,
on the amount of property fold; on all fums above fifteen pounds, and where
the execution does not exceed one hundred pounds, two and a half per centum;
on all fums where the execution exceeds one hundred pounds, one per centum;
and that no commiffion fhall be demanded, where property is not actually fold.
Making out and figning a bill of fale of other property, four fhillings and eight-
pence: Provided, That fees fhall be allowed only for one bill of fale, where the
fame will be fufficient to convey the property fold to one perfon or joint pur-
chafers; unlefs the purchafer or purchafers, mall choofe more than one.
Conducting a debtor under confinement before a judge or court, four fhillings and
eightpence.
Summoning a jury to try a caveat, and attendance, four millings and eightpence.
Summoning a fpecial jury, and all other fervices, attending trial of an appeal,
four fhillings and eightpence.
For a bail bond, four fhillings and eightpence.
Making out and executing titles to land, fourteen fhillings (if wrote by the purchafer,
four fhillings and eightpence.)
»aua. SHERIFF'S FEES IN CRIMINAL CASES.
For re-committing any perfon, when a habeas corpus is brought to his relief, four
fhillings and eightpence. .
Summoning a jury, four fhillings and eightpence.
On every copy of a mittimus, one milling and twopence.
For every mile a prifoner fhall be removed on a habeas corpus, one fhilling and two-
pence,
For removing a prifoner by habeas corpus, when no milage is paid, per day, four
fhillings and eightpence.
Executing a criminal, thirty-feven millings and fourpence.
Attending a perfon taken by a warrant, to the judges' chambers, three fhillings and
fixpence.
Conducting a prifoner before a judge or court to and from jail, four fhillings and
eightpence.
Executing a warrant of efcape, three fhillings and fixpence.
Each mile to ferve the fame, twopence.
Executing and returning a bench warrant, four fhillings and eightpence.
Each mile to ferve the fame, twopence.
Putting a perfon in the flocks, two fhillings and fourpence.
For whipping, cropping or branding a criminal, four fhillings and eight pence.
Apprehending a perfon fufpe6ted; if committed or held to bail; four fhillings and
eightpence.
<s«s.
FEES OF PUBLIC OFFICERS,
229
For each perfon not exceeding two, who may be employed to guard a prifoner to
jail, per day, four fhillings and eightpence.
JAILOR'S FEES. j«ior.
Receiving a prifoner or debtor, two millings and fourpence.
Turning the key or difcharging a prifoner in virtue of a habeas corpus, or by order
of the court, judge or justice, two fhillings and fourpence.
Dieting a prifoner per day, allowing two pounds of bread, one and a half pound
of beef, or one pound of pork, with a fufficiency of water, all wholefome
provisions, one (hilling and ninepence.
Turning the key on commitment of any perfon, two millings and fourpence.
Dieting negroes, allowing one quart of rice or corn meal per day, fevenpence,
NOTARY PUBLIC'S FEES. Nw»wi.
For every protefl and oath included, not exceeding fixteen copy meets of ninety words,
nine fhillings and fourpence.
Administering an oath in any other cafe, one (hilling and twopence.
For each attendance on any perfon, to prove any matter or thing as notary public and
certifying the fame,^two fhillings and fourpence.
Every other certificate, one (hilling and twopence.
Noting a protelt, four (hillings and eightpence.
Registering a protest, per copy (heet, one sixteenth of a dollar.
Copy of a protest, per copy (heet, one sixteenth of a dollar.
CORONER'S FEES. CoroRai
For summoning an inqueft on a dead body, and returning the inquifition,; forty-fix
fhillings and eightpence.
For providing a coffin, and burial expences, fourteen fhillings.
In all other cafes, the fame as the (heriff.
REGISTER OF PROBATE'S FEES. Renter of pro-
Receiving application and granting citation, four fhillings and eightpence,
Signing a warrant of appraifement, two fhillings and fourpence.
Signing the probate of a will, four fhillings and eightpence.
Recording a will or other paper, per copy fheet, threepence halfpenny.
A certified copy of a will or other paper, per copy fheet, threepence halfpenny.
Receiving an appraifement, and recording the fame^ if under one hundred dollars, two
fhillings and fourpence ; if above one hundred dollars, four fhillings and eight-
pence.
Receiving an application and granting letters difmiffory, four (hillings and eightpence.
Granting citation to fhewcaufe why adminiftration (hould not be repealed or fet afide,
nine (hillings and fourpence..
For granting letters of administration, or letters testamentary, nine (hillings and four-
pence.
For entering a caveat against administration being granted, or will proven, four (hil-
lings and eightpence.
For every marriage licenfe, four millings and eightpence.
Attending judges for determining a caveat, per day, four (hillings and eightpence.
FEES OF THE GOVERNOR'S SECRETARIES. c*=>*
A copy of any paper, not exceeding two copy (heets, one (hilling and twopence.
A copy of any paper, exceeding two copy (heets, feven pence per copy meet.
Administering an oath of office to any perfon where the profits thereof amounts to
upwards of twenty-five pounds per annum? and giving a certificate thereof; four
Ihillings and eightpence,
230 FEES OF PUBLIC OFFICERS.
Certifyig a copy or extract, one fliillingand twopence.
For entering a teftimonial, one (hilling and twopence.
Attorney^- FEES OF THE ATTORNEY GENERAL.
Drawing a capias againft a perfon endifted and not bound over, or againft a perfon
prefented by a grand jury, one fhilling and twopence.
Drawing a capias againft a defaulting juror, two fhillings and fourpence.
Drawing an indiclment againft a perion prefented by the grand jury, and bound
over, four {hillings and eightpence.
Entering a noli profequi, fevenpence.
Attending at judges' chambers, to take the affidavit of any perfon, in criminal cafes^
four millings and eightpence.
Drawing an affidavit, or any other inftrument of writing, per copy meet, threepence
halfpenny.
For a fubpeena in criminal cafes, one (hilling and twopence.
Retaining fee againft perfons endifted, fourteen (hillings.
Tressl,r£r- TREASURER'S FEES.
For every fearch, fevenpence.
An extract, two fhillings and fourpence.
Attomies. ATTORNIES' FEES.
On each caufe commenced and tried in the fuperior or inferior courts, eighteen mil-
lings and eightpence.
On each appeal profecuted to judgment, except appeals from ajuftice's court, eigh-
teen (hillings and eightpence.
Where the defendant prevails, to receive the fee in lieu of the plaintiff's attorney.
juron and wit- JURORS AND WITNESSES' FEES IN CIVIL CASES.
To the petit jury for each caufe tried, to be paid by the plaintiff and taxed in the bill
of cofts, four (hillings and eightpence.
Special jury for each appeal tried, to be paid by the appellant and taxed in the bill of ;
cofts, four (hillings and eightpence.
To each witnefs per day, for his or her attendance, for coming and returning, allow-
ing thirty miles for a day, not allowing for more than three witneffes, to be paid
by the perfon fummoning the fame, and taxed in the bill of cofts, three (hillings
and fixpence ; the witneffes to have the fame allowance in criminal cafes., where
the perfon profecuted is found guilty,
CLERK's FEES IN CRIMINAL CASES,
cierv in crimi- Every writ and feal, one (hilling and twopence,
aai cases. Every pannel of a jury, one (hilling and twopence.
Order for fine on a juror, (unlets excufe made) and entering the fame, one fhilling
and twopence.
Ordering a fine peremptory, entering and reading, one (hilling and twopence.
Copying the fame for the attorney general, one (hilling and twopence.
Fee on a writ of capias and feal, one (hilling and twopence.
The clerk's attendance in hearing a motion in arreft of judgment, or at the judges'
chambers on a petition preferred, or a habeas corpus, or to take the examination
or information of any perfon, three fhillings and fixpence.
Taking an examination, information, or affidavit, per copy (heet, one (ixteenth part of
a dollar.
Drawing a warrant, one fhilling and twopence.
FEES OF PUBLIC OFFICERS. a3i
A commitment or liberate, one milling and twopence.
Taking an acknowledgment of bail before the judge, or in court, and drawing re-
cognizance thereof, two {hillings and fourpence.
Every fubpeena ticket, fevenpence.
Every endictment if the criminal be found guilty, two millings and fourpence.
Every arraignment, or charging a defendant with endi&ment, if found guilty, one
milling and twopence.
Entering a plea, fevenpence.
Calling a jury, fevenpence.
Clerk's attendance on every caufe tried, one fhilling and twopence.
Every fentence or judgment, and entering the fame, one fhilling and twopence.
J*Copy of every endictment or other paper, fourpence.
Copy of judgment to the fheriffand order thereon, one milling and twopence.
Calling a traverfeor difcharging a recognizance, one fhilling and twopence.
Recording the proceedings of a caufe, per copy Iheet, one (ixteenth part of a dollar.
Every perfon acquitted by proclamation, one (hilling and twopence.
Every fearch, fevenpence.
A writ, dedimus poteftatem, four (hillings and eightpence.
Renewal of capias, one (hilling and twopence.
FEES OF THE CLERK IN THE SUPERIOR COURT, IN CIVIL mcwii™*,
CASES.
Every fuit commenced therein, if fettled before judgment and each non-fuit, feven
(hillings.
For each copy of a writ, where there are more than one defendant, after the firft copy,
two (hillings and fourpence.
Every fuit fo commenced and profecutedto judgment, including every fervice to en-
tering up fatisfaclion, fourteen (hillings.
For each appeal, if fettled before verdict, four (hillings and eightpence.
For each appeal profecuted to judgment, including every fervice to entering up fatis-
fattion, nine (hillings and fourpence,
For every writ of fubpeena and ticket, fevenpence.
For a writ of partition of land, fourteen (hillings.
For iffuing a commiffion to examine witneffes, four millings and eightpence.
For making out letters of guardianship and taking fecurity, four (hillings and eight-
pence.
For every order for the fale of land, and copy thereof, two (hillings and fourpence.
I Recording any inifrument of writing, per copy (heet, one fixteenth part of a dollar.
Each fearch, fevenpence.
A certified copy of any record, per copy (heet, threepence halfpenny.
For every foreclofure of any mortgage, and recording proceedings, four millings
and eightpence.
Every enquiry of title refpe&ing property levied on by the fheriff and claimed by
a third perfon, four (hillings and eightpence.
For every tavern licenfe, including every fervice therein, four (hillings and eightpence.
CLERK OF THE INFERIOR COURT. gg^1*
For each caufe fettled before judgment, and each appeal to the fuperior court, feven
(hillings.
For each copy of a writ where there are more than one defendant after the firft copy,
two (hillings and fourpence.
*3*
FEES OF PUBLIC OFFICERS.
Cjlcrfc oi tile1
Kou-e of Re-
presentatives,
and secretary
hi the senate.
donsbat'c;
4-u"'uer rc-
sciver.
Jn what cases
'■lie public to
Be accountable
for fees.
Fublic officers
to f;ive a state-
ment of their
Each caufe commenced therein and profecuted to judgment, not appealed frorfl3
including every fervice to entering up fatisfa&ion, fourteen (hillings.
For fubpeena tickets, commiffions and letters of guardianfhip, and enquiries ref-
pefting property claimed, non-fuits, and any other fervice performed, the fame
fees as allowed to the clerk of the fuperior couru
Each appeal profecuted to judgment from a juftices' court, four millings and eight-
pence, if fettled by the partiesj two {hillings and fourpence, including every fer-^
vice to entering fatisfaftion.
FEES OF THE CLERK OF THE HOUSE OF REPRESENTATIVES
AND SECRETARY OF THE SENATE.
For every extracl of a private nature, threepence halfpenny per copy fheet.
For certifying an extract of a private nature, one fhilling and twopence.
For an act paffed for the benefit of an individual, or to incorporate a private fociety3
nine (hillings and fourpence.
FEES OF A CONSTABLE.
Serving a warrant, furhmons or attachment in civil cafes, one milling and twopence
Returning the fame and attending the juftices' court, one (hilling and twopence.
Summoning every witnefs, one (hilling and twopence.
Levying an execution and advertifmg the fale, one (hilling and twopence.
For felling to fatis'fy an execution from a juftice, five per centum on the amount cf
the debt;
For attending a grand jury, for each bill found, to be paid by the delinquent, on?,
milling and twopence. •
Serving a warrant in criminal cafes, four (hillings and eightpence.
For carrying a prifoner tO jail, twopence per mile.
For keeping and maintaining a prifoner before examination, not exceeding twenty-
four hours:*, one milling and ninepertce.
FEES OF THE POWDER RECEIVER,
Every barrel of powder of one hundred pounds weight lodged in the public maga-
zine, and delivered out, to be paid by the owner, one (hilling and ninepence.;
and in proportion for any other quantity.
2. And be it further enabled. That none of the fees herein before fet down or expreffed,
(hall in any cafe (jailor's fees for dieting |>rifoners, and coroner's fees for fummoning
an inqueft, and returning an inquifition, and providing a coffin and burial expences
of a perfon found dead, and the (heriff's fees for executing a criminal, excepted) be
charged to the public, for or pn account of any inability in the perfon who ought to
have paid the fame.
3. And be it further enacted, That every public officer and perfon herein mention-
ed, or their deputy or agent, and every perfon a£ling as fuch, mall, if thereunto re-
quired, be obliged to give a Statement of the fees demanded, and a receipt for the
fame, to any perfon paying any lawful or pretended fee or fees of office, claimed by
and paid to any fuch public officer, or perfon herein before mentioned, his deputy
or agent, or perfon acting as fuch, under pain that every public officer, or perfon
herein before mentioned, his deputy or agent, or perfon acting as fuch, mall for eve-
ry negle£t or refufal, forfeit the fum of twenty- five (hillings, with cofts of fuit, to be
fued for, recovered and applied in manner herein after directed. Provided always
neverthelefs. That all fuits and actions which (hall be brought or commenced by vir-
tue of this act, (hall be iriftit'vited before the end of twelve months ; and not otherwife.
FEES OF PUBLIC OFFICERS, 233
t fo«r-
over
4. And be if. further enacted, That if at any time after the paffing of this aft, any Tof?ffei
public officer or. perfon herein mentioned, or his deputy or agent, or any per fdn. ad- {!££§£,
ing as fuch, mall, under pretence of any matter or thing done, tranfacled or perform-
ed byany fuch public officer or perfon, or his deputy or agent, or any perfon acting
as fuch, demand any other or greater fee than is fet down in the table hereunto annex-
ed, every fuch perfon fo offending fhall, for every fuch offence, forfeit and pay
four fold to the party aggrieved, for the fum fo unjuflly demanded or taken, to be
recovered with coils of fuit, before any jufticeof the peace. Provided, the fum
does not exceed his jurifdiftion," or in any court of record within this ftate.
<v And be it further enabled* That every public officer or perfon herein named, Tabies of fees
1 i r- r> ■ r H n "'«' '■ l • "" 1 r I to be set iv in
and every deputy, agent or perfon acting as iuch, {hall within ninety days alter the gubiic^offices,
paffing of this att, caufe a true and exact copy of the table or docket of his fees, as ff^tt
the fame is eitabliihed by this act, fuch table or docket to be in fair words and fig-
ures, without any abbreviation, except fums, to be placed up, and to be conftantly
kept in a confpicuous part of the room or place where he (hall ufually execute the
buiinefs of his office or employment, under pain of forfeiting two millings and four-
pence for each day's neglect of fixing up the fame.
6. And be it further enabled, That in cafe any public officer, or any perfon herein offieersma? ,
before mentioned, fhall be fued or profecuted for, or by reafon of any fee of office costs,
whatever, and verdict fhall be given for fuch public officer or other perfon ; or if the
plaintiff or profecutor fhall difcontinue fuch fuit "or profecution, or mail be nonfuited,
then fuch public officer or other perfon fliall recover double cofts.
7. And be it further enacted. That all fines, penalties, and forfeitures, incurred tin- how fties,&c.
/ j _ ? "r 7_ ... are to |)e rea-
der and by virtue of this act, fliall be recovered, by action in the fupeiior or inferior ^«eddandif
courts, without any delay j and fhall be applied, one moiety to the ufe of the flate, and
the other to the perfon or perfons carrying on the profecution to the conviction of
the offender ; except fuch as come within the jurifdiction of a juflice of the peace, and
except alfo thofe forfeitures, which are declared payable to the party aggrieved.
8. And be it further enabled, That any public officer who fhall charge or take fees ©mews *vay be
not allowed by this act, fliall on conviBion thereof, be difmiffed from office. overcharging'.
9. And be it further enacted.^ Thai the flate fees in the executive department may ^.^'^
be paid in the paper medium of this ftate. medium.
10. And be it further enabled, That the clerks of the courts refpectively fhall make cierkstoat-
a return on oath, of the fees collected on behalf of the ftate, defignaring the paper me- feTiSforc
diumfrom the fpecie, received by them previous to the paiTing of this act, and fhall colleaed'
fettle with the treafurer agreeably thereto.
11. And be it further enabled, That any public officer, who fhall prefume on any £J^?jj53£j
pretence whatever, to charge, demand, or receive fees for fervices not done or per- ™Vmefef?trfour'
formed, every fuch perfon fo offending, fhall forfeit and pay to the party aggrieved, ml^u ** ^
four' fold the fum fo illegally charged5 demanded or received, and fhall be immedi-
ately difmiffed from office.
12. And be it further enabled, That no juftice or juftices of the peace, fhall tax any withes t»
vcofts for the attendance of witneffesin any caufe tried before him or them. injusti°e°sSCS
WILLIAM GIBBONS, Speaker of the Houfe of Reprefentatives. court5'
BENJAMIN TALIAFERRO, Prefident of the Senate*
Concurred December 18th, 1792.
EDWARD TELFAIR, Governor,
«34 FELONS.
An act appropriating money for the year one ihouf and f even hundred and ninety-Jive.
Part of the firft feclion, all the reft being obfolete: — That the fecretaries of his
excellency the governor fhall be entitled to receive of the grantee, upon each grant
that fhall pafs, the fum following: On all grants of and under five hundred acres,
one quarter of a dollar; on all grants above five hundred acres, three quarters of a
dollar.
The treafurer, the fum of one quarter of a dollar on all plats certified by him, to
be paid by the applicant.
THOMAS NAPIER, Speaker of the Houfe of Reprefentatives.
BENJAMIN TALIAFERRO, Prefident of the Senate.
Concurred January 7, 1795.
GEORGE MATHEWS, Governor.
An at~l to veji further powers in the inferior courts of this fate, refpeBing the fees of
Jlierijfs and jailors.
preamble. T "W 7HEREAS fundry applications are yearly made to the legiflature of this ftate,
V V by fheriffs and jailors, for fees which are unpaid, and which greatly impede
the progrefs of legiflative deliberations :
1. Be it enacted by the Senate and Houfe of Reprefentatives of the fate of Georgia, in
mayrl°vyTts General Affembly met, and by the authority of the fame, That the inferior courts of ,
defrayVan^'ra0 the feveral counties in this ftate, are authorized and required to levy annually a county
xpenncl0rdear. tax, equal to the amount of all fees which are due, or that may become due, and
unpaid the refpective fheriffs and jailors within the feveral counties in this ftate, from
the infolvency of prifoners or criminals; or where an expence accrues from the
guarding of prifoners or criminals, where there fhall be no jail in any county in this
ftate,
THOMAS STEVENS, Speaker of the Houfe of Reprefentatives,
BENJAMIN TALIAFERRO, Prefident of the Senate.
Concurred February 22, 1796.
JARED IRWIN, Governor.
fees and other
expeiices rela-
ting to prisott
FELONS.
An aB to prevent felons, tranf ports from other fates, coming into or refidingin this*
reioM, tnn* 13 E IT ENACTED by the freemen of the fate of Georgia, in General Affembly
ih£egoye°rn- °" JLJ met. and by the authority of the fame. In order to prevent the dangerous evils
wetoanyofficeanfmg from communication with felons, tranfported from other ftates or nations,
or privilege off 1 1 •'<• 1 ' •' 1
«wVseulcnin wnereDy the morals of many, who would otherwife be good citizens, may be cor-
rupted, That from and immediately after the palling this aft, no perfon or perfons,
felons from other countries, tranfported or banifhed for any crime or charge what-
ever, fhall be eligible to any poll or office of truft or profit, or be otherwife entitled
to any of the privileges: immunities or liberties of a freeman or freemen of this ftate >
FENCES. *3fi
and on proof of the fame by one legal evidence, or by the authentic certificate, under
feal, of any ftate, nation, corporation or court, from whence he, [he or they may
be banifhed or tranfported, fuch felon or felons fhall be, by warrant and mittimus,
under the hand of the chief juftice of the ftate, or one of the juftices of the court
where fuch proof fhall be dtablifhed, committed to the common jail of the county, ^ewmm*.
without bail or mainprize, there to remain until a convenient opportunity may be^*^
procured by the honorable the executive, to fhip or otherwife fend off fuch felon or
felons, from and without the limits of this ftate, never thereafter to return. And in to suffer &»*
cafe fuch felon or felons fhould, after fuch (hipping or fending off, return within the"ng.tire
limits of the fame, he$ fhe or they fhall, on conviction, fufFer death without benefit
of clergy: Provided neverthelefs, on fuch firft proof of tranfportation, fuch offend- Prav^
er or offenders charged as felons as aforefaid, fhall not be debarred the right of trial
by jury, and fhall be allowed every right of evidence to counteract fuch proof.
By order of the Houfe.
WILLIAM GIBBONS, Speaker.
Augufta, February 10, 17871
6 • • * *
FENCES.
An act for the better regulating fences in the. province of Georgia.
HEREAS an act paffed the feventh day of March, onethoufand feven hun-^s5bl*
dred and fifty-five, in the firft 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 thepurpofes 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 fet-
tlements of this province, would not only prevent the feveral owners and occupiers
thereof, fo fenced and enclofed, from receiving any damage from the irruption,
ftraying or breaking in of cattle, horfes, fheep, goats or fw'ine* but would likewife
obviate any doubts or difputes, happening or arifing as to the ftrength and fufficiency
of fuch fences and enclofures, in cafe of any irruption or trefpafs to be committed
within the fame,
Be it enaBed, That from and after the twenty-ninth day of March, one thoufand g;
feven hundred and fifty-nine, all fences or enclofures, commonly called worm fen-
ces, 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 ftaked and ridered, and from the ground to the height of three feet of every
fuch fence or enclofure, the rails thereof fhall not be more than four inches diftan't
from each other; and that all fences or enclofures that fhall confift of paling, fhall
likewife be five feet high from the ground* artd 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 cafe the fence owne« of cat
fhall be fix feet high from the bottom of the ditch. ab% for ?nny l
2. And be it further enatled, That if any trefpafs or damage fhall be committed b.3g&
in any garden, orchard, nee ground, indigo field, plantation or fettlememt, not be-'y
mensiOnsol
fences and en-'
closures.
into
ace not
2.q6 FENCES.
o
ing fenced and enclofed in manner as herein before is directed, by the irruption,
breaking in or ftraying of any cattle, horfes, fheep, goats or fwine, the owner of
fuch cattle, hprfes, fheep, goats or fwine, fhall not be liable to anfwer for fuch tref-
pafs, or to make good or fatisfy any damage or injury that fhall happen or be com-
mitted by reafon thereof: and in cafe any perfon or perfons mall kill, maim, hurt or de-
ftroy, or caufe to be killed, maimed, hurt or destroyed, anv cattle, horfes, fheep, goats
or fwine, fo trefpaffing, ftraying or breaking into any garden, orchard, rice ground,
indigo field, plantation or fettlement, not fenced and enclofed in manner as by this
aft is direfted, 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 fame to be recovered on due proof thereof, before any two juftices of the peace
for the diflrift where the offence fhall be committed, and to be levied by warrant
of diftrefs and fale of the offender's goods,
justices to aP- 3- And be it further enabled, That in cafe any cattle, horfes, fheep, goats or fwine,
Fredwidp,to fhall break into any garden, orchard, rice ground, indigo field, plantation or fet-
damagedone dement, being fenced and enclofed according to the direftions of this aft, then, on
application of the party aggrieved, it fhall be lawful for any of his majefty's juftices
of the peace in the raid province to appoint any three indifferent freeholders to view
and appraife the damage fo committed and fuftained, and the appraifement made
and figned by the faid freeholders, fhall be delivered to the juftice, or any other, who
is hereby authorized and empowered to caufe the fum fo appraifed, to be levied by
warrant of diftrefs and fale of the offender's goods.
fort" shillings 4- And he it farther enabled, That in cafe any freeholder, appointed by any juftice to
fer refusal. vjew ancj appraife anv damage faid to be committed, fhall negleft or refufe to make
fuch view and appraifement in manner as direfted by this aft, every fuch freeholder,
fo refufing, or neglefting, fhall forfeit and pay, for every fuch offence, a fum not ex-
ceeding forty fhillings, to be levied by diftrefs and fale of the offender's goods, to be
for the ufe of the party injured.
toabeesn'^'din0t 5- And be it further enabled, That no planter or other perfon, not having a law-
dertwenty shS- ful fence, fhall fix in any of his enclofures, any canes, or flakes, or any thing that fhall,
iwgs penalty. or m^ j^jj^ majm5 hurt5 or deftroy, any cattle, horfes, fheep, goats or fwine, under
the forfeiture of twenty fhillings fterling for every fuch offence, on being convifted
thereof before any juftice of the peace of the diflrift or place where fuch offender fhall
dwell, upon confeflion of fuch offender, or proof by one or more credible witnefs or
witneffes upon oath, o*ne half thereof to be paid to the informer, and the other half to
the poor of the faid diflrift, 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 convifted, re-
turning to the owner the overplus, if any, after all charges deducted.
™toCbedldPu- 6. Provided always, and be it farther enabled, That in all trials to be had before
dtmag«.ilfor one or more juftices of the peace by virtue of this aft, the right of the party to the
lands on which the trefpafs or damage fhall be faid to be done, fhall not be brought
in queft ion3 but the fame fhall be taken for granted to all intents and purpofes whatfo-
ever.
Repealing 7. And be it farther enabled, That the aft for regulating fences in the province of
Georgia, patted the feventh of March, one thoufand feven hundred and fifty-five, in
FERRIES. 237
the firft feffion of the nrft General AfTembly of the faid province, (hall be, and is here-
by repealed, revoked, difannulled and forever made void.
DAVID MONTAIGUT, Speaker.
By order of the Upper Houfe.
PATRICK HOUSTOUN, Prefident.
Affented to March 27, 1759.
HENRY ELLIS.
FERRIES.
In act for efiablifliing feveral ferries in this province, and for vefling the fame in the
perfons therein mentioned. .
'HEREAS the eftablifliing of the feveral ferries herein after mentioned, will
be greatly to the advantage and conveniency of perfons travelling through
this province, Be it therefore enabled, That immediately from and after the pairing of edons^-sh*
this aft, a public ferry (hall be, and the fame is hereby eftablifhed, from the town of iMgE**
Ebenezer, upon Savannah River, to the bluffon the oppofite more; alfo two ferries t0ownatMiiI*
over Brier Creek, one at a place called Milltown, and the other at the upper public a0ndeo"eAaUteusta
roads ; alfo a ferry from the centre of the town of Augufta, upon Savannah River, fo^nulS2'
to the bluff on the oppofite fhore, in the province of South Carolina; and alfo a fer_ AlaUnwh»'-
ry over the river Alatamaha at fort Barrington.
The remainder of this afctis obfolete or expired.
By order of the Commons Houfe of AfTembly.
ALEXANDER WYLLY, Speaker.
By order of the Upper Houfe of AfTembly.
N. JONES.
Council Chamber, April 11, 1768.
Affented to.
JAMES WRIGHT.
An ordinance to ejlablifli a ferry between the ifland of Skidazuay and the ijle of Hope 5
in the county of Chatham, and for other pur p of es therein mentioned.
lit Section eftablifhes a ferry for five years. Obfolete.
2. And be it further ordained by the authority aforefaid, That a ferry mail be eftab- nshedltestab"
limed at M'Gowans old ferry on Savannah River, about a mile above the Coldwa- s!^na^'a»2-
ter Creek; alfo a ferry at Seneca Oldtown on Keowee River; * alfo a ferry at the andra°noth°rVat
mouth of Choga Creek ; and the faid ferries (hall, and they are hereby put under the «a»gac«ek,
fame reftri6tions and regulations as the other ferries on Savannah River.
3. And be it further ordained by the authority aforefaid, That a ferry fhall be eflabliih-AFerryestab-
edat Reed's bluff, on the Alatamaha River, under the fame reftritlions and regula-R«d».wuff,on
tile &lat«jwl?j».
* Ceded to South Carolina by convention at Beaufort,
238 FERRIES.
tions as tho-fe eftablifhed on Savannah River, and the right of the fame is hereby veil-*
ed in George Handley, and Chriftopher Hillary, the proprietors of the faid bluff.
By order of the Houfe.
WILLIAM GIBBONS, Speaker.
Augufta, February 13, 1786.
An act for efablifliing a Jerry from the plantation of'Nichol Turnbull, near Savannah^
to the plantation late the property of Jermyn and Charles Wright, known by the name
of Rochefer, in the Ji ate of South Carolina, and for vejling the fame in the faid Nichot
Turnbull, his executors, adminijlrators and affigns, for and during the term oj ten
years.
preamble. ~\\ 7HEREAS, a law has pa fled intheftateof South Carolina, for theeftablifhment
V V of a road and ferry at the plantation late the property of Jermyn and Charles
Wright, known by the name of Rochefter, fituated on the north fide of Savannah Ri-
ver, in the faid ft ate ; And -whereas it is neceffary that a ferry fhould be eftablifhed
on the fouth fide of the faid river, as nearoppofite the ferry before mentioned as may
be, which will tend to the conveniency of, and promote a ipeedy communication
between both Hates :
1. Be it enacted by the Senate and Houfe of Reprefentatives of the fate of Georgia in
ilaMuw General Affembly met, That a public ferry mall be, and the fame is hereby eftablifh-
ed, upon Savannah River, from the plantation of Nichol Turnbull to the planta-
tion late the property of Jermyn and Charles Wright, known by the name of Ro-
chefter, on the oppolite fide of the faid river ; which faid ferry is hereby vefted in
cuVTurnbuii. the faid Nichol Turnbull, his executors, adminiftrators and afiigns for the fpace of ten
years next enfuing the pafTmg of this act.
subjeatocer- 2. And be it further enacted by the authority aforefaid^ That the faid Nichol Turn-
f.u!'n6regu '' bull, his executors, adminiftrators or afiigns, fhall, and he or they are hereby requir-
ed to make and keep in repair the road and caufeway on his plantation aforefaid,
leading to the river Savannah, and to provide and keep one or more good and fub-
flantial boat or boats, fit to carry fix hories at the leaft ; and one white man and alfo
a fufficient number of flaves or fervants to attend the faid ferry, as well by night as
by day, to carry over the faid paflengers, their fervants, flaves, horfes, cattle and
carriages ; and that it fhall and may be lawful to and for the faid Nichol Turnbull^
his executors, adminiftrators or afiigns as aforefaid, to afk, demand and receive for the
Rates offer- faid ferriage, the feveral prices and rates following, and no more, that is to fay : For
every foot traveller, the fum of twenty-five cents; for each perfon andhorfe, the fum
of fixty-two and an half cents ; for every wheel carriage; the fum of twenty-five cents
per wheel ; for every fingle horfe, the fum of thirty-one and an half cents ; for neat
cattle, the fum of thirty-one and an half cents per head; for calves, fheep or hogs,
the fum of fix cents and half per head.
penalty for de- 3. And be it further enacted, That in cafe any perfon or perfons going to the
geyrs°. iabi faid ferry in order to pafs the fame, fhall (tendering the ferriage as fettled by this acl)
meet with delay, proceeding from negligence or other improper conduct, in not giving
the due attendance required by this act, the faid Nichol Turnbull, his executors ad-
miniftrators or afiigns, fhail forfeit and pay for every time fuch delay fhall happen,
to the perfon or perfon fo delayed, a fum not exceeding three dollars for every hourj
A ferry t rtab-
lislieJ on Sa-
vannah River-
Vested in Nl-
FERRIES. 239
to be recovered upon proof thereof, before any juftice of the peace for the diftrift
of White Bluff, by warrant under the hand and feal of the faid juftice; Provided,
That the perfon fo delayed, fhall make complaint within one month next after fuch
delay fhall have happened.
4. And be it further enabled, That the governor for the time being, and all mef- Exemptions
fengers fent in the fervice of this ftate, and all poflmen, be and they are hereby de- o^n-n^e
clared to be exempt from paying any ferriage for themfelves, their fervants, horfes,
carriages or baggage, for paffing. and repairing the fame; and in cafe of any unne-
ceffary and improper delay, the faid Nichol Turnbull, his executors, adminiftrators
or affigns, fhall forfeit and pay the aforefaid fum of three dollars for every hour,
to be recovered as before directed, any thing in this aft to the contrary notwith-
ftanding.
5. And be it further enabled, That the commiffioners of the road leading from Sa- f0°^™^"enu"s
vannah eaftwardly to the ifland of Skidaway, fhall, and they are hereby empowered, theferr>-
from time to time, to infpeft the ftate of the ferry-boat or boats, the fufficiency of
the fervants or flaves attending the fame, and the condition of the road, caufeway
and "landing, and upon any infufHciency or damage, to give notice to the faid Nichol
Turnbull, his executors, adminiftrators or affigns, to repair or make good the
fame; and if within ten days after fuch notice fo given as aforefaid, upon proof
thereof made before the majority of the faid commiffioners, he the faid Nichol
Turnbull, his executors, adminiftrators or affigns, {hall forfeit the fum of eight dol-
lars for every day he or they fhall negleft to make good fuch infufficiency or dama-
ges, to be recovered by warrant, under the hands and feals of the faid commiffioners,
to be applied to the repair of the bridges, roads and caufeway s, within the eaftern
road before mentioned.
THOMAS STEVENS, Speaker of the Houfe of Reprefentatives.
BENJAMIN TALIAFERRO, Prefident of tlu Senate.
Concurred February 8, 1796.
JARED IRWIN, Governor.
An atl vefling certain commiffioners with power to eftablifh a public ferry on Savannah
River, oppofite the city of Augufa, under certain rejlritlions and provifions.
WHEREAS in and by an ordinance paffed by the General Alfembly of thepreamw*.
ftate of Georgia, on the fixth day of December, one thoufand feven hundred
and ninety, the exclufive right of erefting a bridge over the river Savannah, at the
city of Augufta, was veiled in Wade Hampton, his heirs and affigns, upon certain
conditions therein expreffed; and alfo by " An aft to revife and amend an aft, fup-
plementary to an aft, for regulating the town of Augufta," and to amend an aft, en-
titled " An aft for regulating the town of Savannah and hamlets thereof, and for
other purpofes," paffed on the thirteenth day of February, one thoufand feven hun-
dred and ninety-feven, the before recited ordinance was revifed and declared to be in
full force and operation, and the time therein limited for rebuilding a bridge acrofs
the faid river was extended to the term of two years, from and after the paffing the faid
a&j and no longer :
2 10
FERRIES.
Commissioners
appointed to
establish and
superintend i lie
publje ferry in
Augusta,
upon certain
terms.
Certain perrons
to pass free
from the pay-
ment of ferri-
age.
Rates of ferri-
age.
No other ferry
to be establish-
ed within a cer-
tain diltance
Commission-
ers to pay the
commiss'oners
of Richmond
academy the
profits of the
ferry.
And whereas, the faid Wade Hampton has failed to rebuild and keep a bridge acrofs
the laid river, within the time by the before recited ordinance and law prefcribed,
whereby the exclusive right granted to the faid Wade Hampton is forfeited: And
whereas it is neceffary that a ferry mould be eftablifhed and kept as near as may.be
to the north end of the crofs ftreet in the faid city of Augufta, leading from the mar-
ket, and oppofite to Picken's warehoufe, upon the public road on the Carolina fide
of Savannah River :
1. Be it enabled by the Senate and Houfe of Reprefentatives of the Jl ate of Georgia
in General Affembly met, and by the authority of the fame, That Abraham Jones,,
George Graves, James Ferrie, Lewis Harris and James Fox, be appointed com-
miffioners, and they, or a majority of them, and their fucceffors in office, are hereby
fully and absolutely veiled with power to eftablifh a public ferry at or near the place
where the former ferry was eftablifhed and kept, as nearly oppofite the crofs ftreet in
the town of Augufta, leading from the market as aforefaid, as they may find moil
convenient, upon the following terms and conditions : that is to fay, 1 hat the faid
com miffioners, or their fucceffors in office, mall, on or before the firfl day of Janu-
ary next, provide good and fufficient boat or boats, for the paffage of all fuch per-
fons as may call for the purpofe, with carriages of any kind in common ufe, horfes
and other flock; that they alfo provide that the faid ferry be kept with diligence and
attention, fo that travellers meet with no delay (unavoidable accidents excepted) in
palling the fame; that they alfo permit the paffage of all perfons and carriages going
to Augufta with any article of produce or flock, for fale in faid town, and returning
therefrom after fale of fuch produce or flock, and alfo all perfons coming to or
going therefrom who refide in the faid city, or within five miles thereof, free from any
charge for ferriage, and without any hinderance or unneceffary delay.
2. And be it further enabled, That the aforefaid commiffioners, and their fucceff-
ors in office, fhall and may legally demand and receive from all and every perfon
and perfons paffing the faid ferry (except thofe herein before excepted) a ferriage up-
on the following rates : that is to fay, for every loaded waggon or other four-wheel
carriage5 one hundred cents; for every empty waggon, fifty cents; for every loaded
cart or dray, twenty-five cents ; for every man and horfe, twelve and an half cents;
for a foot paffenger, fix and a quarter cents; for all black cattle, per head, fix and a
quarter cents; for hogs, fheep and goats, three cents per head: And the faid com-
miffioners, and their fucceffors in office, fhall and may have the free, quiet and ex-
clufive ufe and enjoyment of the faid ferry on the Georgia fide, for and during the
term of ten years from and after the firfl day of January next, and ail the profits
arifing therefrom fhall be, and the fame is hereby appropriated to and for the ufe of
the academy of Richmond county.
3. And be it further enacted, That no other ferry or bridge between Wallican's
ferry oppofite Fort Moore's bluff, and Ray's ferry oppofite Campbleton fhall be^ef-
tablifhed or permitted on any pretence whatever, during the continuance of the right
of the faid commiffioners and their fucceffors in office to the privilege hereby veiled
in and confirmed to them.
4. And be it further enabled, That the faid Abraham Jones, George Graves, James
Perrie, Lewis Harris, and James Fox, and their fucceffors, are hereby required to
pay over to the commiffioners of the Richmond academy, or their fucceffors in of-
fice, all balances remaining in their hands, after deducting all expences and charges
which may accrue in keeping the faid ferry, in manner and form aforefaid, on the
FIRE ARMS. H\
iirft day of January in every year, during the term they are hereby veiled with a
right to keep the fame; and alfo depofit with the laid commiffioners of the academy
a ftatement of their accounts, (hewing the balances paid over as aforefaid: Provided, sfaHgivfehonr
That the commiffioners herein named mall, previous to their entering upon the du- SJc^VS*
ties herein requefted of them, give bonds to his excellency the governor, for keeping
the aforefaid ferry, according to the true intent and meaning of this act.
5. And be it further enabled, That in cafe of death, refignation or removal of ei- yac«ncfe« „«**
ther of the faid commiffioners, it mall be and is hereby made the duty of the jufticestobch"ed'
of the inferior court of the county of Richmond, to fill fuch vacancy or vacancies.
6. And be it further enabled, That this act Hi a 1 1 be deemed, adjudged and taken FubKca*-
to be a public act, and mall be judicially taken notice of as fuch by all judges, jufti-
ces, and other perfons whatfoever, without fpecially pleading the fame.
DAVID MERIWETHER, Speaker of the Houfe of Reprefcntatives.
DAVID EMANUEL, Prefdtnt of the Senate,
Affented to December 5, 1800.
JAMES JACKSON, Governor.
FIRE ARMS.
An aB for the letter fecurity of the inhabitants by obliging the male while perfons to car-
ry f re arms to places of public worfhip.
WHERE A.S it is neceflary for the fecurity and defence of this province from in-Prearnb!e,
ternal dangers and infurrections, that all perfons reforting to places of public
Worfhip (hall be obliged to carry fire arms.
1. Be it enabled, That immediately from and after the palling of this acl, every male ah male white
white inhabitant of this province, (the inhabitants of the fea port towns only except M^wmVw
ed who fhall not be obliged to carry any other than fide arms) who is or fhali be lia- sn?"m0der7en.
ble to bear arms in the militia, either at common mutters or times of alarm, and re- ^l*.
forting, on any Sunday or other times, to any church, or other place of divine wor-
fhip within the parifh where fuch perfon fhall 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-pow-
der 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 wor-
ship, under the penalty often fhillings for every neglect of the fame, to be recovered how to i>e re*
by warrant of diftrefs and fale of the offender's goods, under the hand and feal of any pu^r.ed-^
juftice of the peace for the parifh where fuch offence is committed, one half to be
paid into the hands of the church wardens, or where there is no church wardens, to
any juftice for the ufe of the poor of the faid parifh, and the other half to him or
them that fnall give information thereof.
2. And for the better and more effectual carrying this aft into execution, Be it $:hurci, waf
_ JO 1 r dens, deacons,
further enabled, That the church warden or churchwardens of each refpeclive parifh, £cr:.o™HaMe?*
and the deacons, elders or felect men, of other places of public worfhip, fhall be obli- t°carryanr'*»
ged, and they are hereby empowered to examine all fuch male perfons, either in or
about fuch places of public worfhip, at any time after the congregation is affembled,
on Chriflmas and Eafter days, and at leaft twelve other times in every year, and if, up-
Hh
242
FIRE COMPANY.
Persons refu-
»ing to be ex-
amined to for-
feit ten shil-
lings , to he re-
covered and ap'
plied as afore-
said.
Continuation.
on finding any perfon or perfons liable to bear arms, and being then to places of
public worlhip as aforefaid, without the arms and ammunition by this a61. directed, and
fhallnot, within fifteen days after fuch offence is committed, inform againft fuch per-
fon or perfons fo offending, in order to recover the penalty as aforefaid, fuch church
warden or church wardens, deacons, elders, or feleft men, fhall, for every fuch neg-
lect of duty, or giving information as aforefaid, forfeit and pay the fum of five
pounds, to be recovered and applied as in this a£t is before directed.
3. And be it farther enabled, That any fuch perfon or perfons thus liable to bring
their arms, and being at any church or place of public worfhip, as aforefaid, that
fliall refufe to be examined in or about fuch places of public worfhip, or neglect, on
demand of the church warden or church wardens, deacons, elders, or feleft men ref-
p eel i very, to produce and fhew his or their arms and ammunition by this a£t required
to be brought by fuch perfon or perfons, to the intent it may be known whether the
fame befit for immediate ufe and fervice, fuch perfon or perfons fo refu fin g or neg-
lecting fliall feverally, and for every fuch offence, forfeit the fum of ten {hillings, to
be recovered and applied in fuch manner as the penalty for not bringing fuch arms in
and by this a6t direcled.
4. And be it further enabled, That this a 61 fliall be and continue in force for and du-
ring the term of three years, and from thence to the end of the next feffion of the
General Affembly, and no longer.
N. W. JONES, Speaker.
JAMES HABERSHAM, Preftdent.
JAMES WRIGHT.
February 27, 1770.
FIRE COMPANY.
preamble!
A fire company
established in
the city of
Savannah.
Their officers
ta be elected
& commission-
ed.
Another estab-
lished in Au-
gusta.
Officered in
like, manner.
An all to authorize the raifing and eflablifliing a fire company in the city of Savannah }
and one in the town of Augufta.
HERE AS the citizens of Savannah, have provided two fire engines for the
ufe of the faid city, and the inhabitants of the town of Augufta intend alfo
to provide another engine in addition to the one already provided by them for the
ufe of the faid town :
1. Be it therefore enabled by the Senate and Ho ufe of Reprefentatives of the flat e of
Georgia in General Affembly met, That it fliall and may be lawful for any number of
perfons not exceeding thirty, who fhall be citizens of this flate and inhabitants of the
city of Savannah, to form and affociate themfelves together as a fire company, un-
der the ftyle and denomination of " The Fire Company of the City of Savannah,"
at any time after the pafling of this a 61, and they are further authorized to ele6l from
among themfelves, in like manner as provided in the militia law, officers to command
them, not exceeding four, who fliall be commiflioned by his excellency the governor.
2. And be it further enabled, That, it fliall and may be lawful for any number of
perfons not exceeding thirty, who fliall be citizens of this flate and inhabitants of the
town of Augufta, to affociate and form themfelves into a fire company in like man-,
ner as above, under the ftyle of " The Augufta Fire Company," who fliall eleel
from among themfelves any number of officers, not exceeding four, to command
-FOREIGNERS. ' 2'43
faid company, which officers fhall be commiffioned by his excellency the governor.
3. And be it further enabled, That the officers and men of the faid fire company Exempted
ft all be exempted from militia duty, except in times of actual invafion, infurrection duty mi ltis
or alarm.
, 4. And be it farther enacted, That the recorder or city treafurer, marfhal of the otlierexcmrj
faid city, the meffenger and clerk of the council, and the city conftable be, and they ',X in bH7?:v
are hereby exempted from milkia duty, except in cafes of invafion, infurreclion
or alarm.
THOMAS NAPIER, Speaker of the Houfe of Reprefentatives.
BEN J AMI M TALIAFERRO, Prefde.nt of the Senate.
GEORGE MATHEWS, Governor.
December 29, 1794.
FOREIGNERS.
An aft for the fecurily of foreigners who may lend money at intereft, on real eflates.
1. T JfTHEREAS the borrowing of money on intereft from foreigners may bene- Preamble.
V V fit this flate, and it is but reafonable, that any foreigner lending money
mould be fecured on real eflates by way of mortgage, and at liberty to inftitute fuits
for the recovery of all fums, as well principal as intereft, fo loaned: Be it enacted by Foreigners ad-.
the reprefentatives of the freemen of the fate oj Georgia in General Affembly met, 'and takemortgage»
by the authority of the fame, That it fhall and may be lawful for every and all perfons, purity of w.^
being aliens, to lend money at an annual intereft of feven per centum, on freehold ^ofthis
or leafehold fecurity, by way of mortgage, on any eftate within this ftate, and fuch
money, whether the kingdom or ftate of which fuch money-lender is a fubje£t or alien,
fhall be at peace or in war with the United States, to recover, fue for, by attornies
or otherwife, in the courts of this ftate, and where judgment is obtained, execution
fhall be awarded for the fale of fuch mortgaged premifes, for payment of the debt
and intereft due thereon, with cofts of fuit, as is common with the citizens of this
ftate, (except fuch foreigner be entitled to the right of entry or aQual poffeffion of
any fuch mortgaged premifes by purchafe, or by any procefs for foreclofing any
equity of redemption, by order, of any court whatever) any law or cuftom to the
contrary notwithftanding.
2. And be it further enabled, That this a6t fhall be, and is hereby declared to bepubiica*.
a public act., and fhall be judicially taken notice of as fuch in the courts of record
In this ftate,
JOSEPH HABERSHAM, Speaker.
Savannah, February 21, 1785.
JLn abl to enable thefubjetls of his mojl chriflian majefty, to transfer and fettle fuch of
their eflates and property as is or fhall happen to fall within this fate; and alfo to
perfect the grant of twenty thoufand acres of land in this fate, to the vice admiral
the count D'Eftaing, and to encourage the fettlement thereof.
HEREAS the congrefs of the United States of America, on the fourteenth Preambles
day of January, one thoufand kv^n hundred and eighty, did refolves That
1
244 " FORGERY.
it be recommended to the legislatures of the aforefaid United States, to make provi-
fion, where not already made, for conferring on the aforefaid fubjecls of his moft
chriftian majefty, the privilege of difpofing and fettling their eftates agreeably to the
form and fpirit of the thirteenth article of the treaty of amity and commerce between
his moft: chriftian majefty and the United States of America: Be it therefore enabled
by the representatives of the freemen of the flate of Georgia in General Affemhly met,
and by the authority of the fame, That the fubjeels of his moft chriftian majefty fhali
enabkdStodi-s be, and they are hereby empowered to transfer and difpofe of fuch of their eftates and
tltoVhlchare property as iliall happen to be within the limits of this ftate, and that the eftates and
cordinc'tothe property of fuch of faid fubje&s as are or may be deceafed, and who were not citi-
Aadsaidsui)- zens 0f tliis ftate, being; within the ftate, fhall defcend to and become the eftate of
lefts entitled to ' . p ?
spLdficdhllhe tne ne'rs and legal reprefentatives of iuch deceafed perfon, according to the laws,
*rwty- ufage and ctiftom of the kingdom of France relative thereto, and, fuch eftate fo de-
fcending fhall and may be fettled agreeably to the laws that are or fhall be made
relative thereto, without being obliged to obtain letters of naturalization; and that
the aforefaid fubjc£ts of his moft chriftian majefty fhall have, hold and enjoy, on their
part, within this ftate, the privileges and immunities mentioned in faid articles of
treaty, according to the form and fpirit thereof. .
Twenty thou- 2. And whereas the General Affembly of this ftate refolved, that grants of twenty
Kid Ranted thoufand acres of land fhould iffue to the vice admiral the count D'Eftaing, in tefti-
D-Estafag.who monv of their refoett for his meritorious fervices, Be it therefore enabled. That the
is vested with / '. . S* * i - ' - .
an the rights of vjce admiral the count D'Eftaing be, and he is hereby empowered and qualified to
a free citizen of ° „.,,.. r . " *
misstate. receive and hold the grants of land aforefaid, and he is hereby admitted to all the
privileges, liberties and immunities of a free citizen of this ftate, agreeably to the
conftitution.
French subjefts, 3. And (to encourage and promote the fettlement of the faid land) Be it further en-
cmzensoCfctws ailed, That any perfon or perfons, being a fubjeft; of his moft chriftian majefty, who
is properly introduced, with a defign to become an inhabitant of this ftate, fuch perfon
or perforvs, fhall after three years' refidence, or in cafe of intermarriage, with a citizen
of this ftate, or either of the United States, after one year's refidence and taking the
oath of allegiance and fidelity, be admitted to all the liberties, privileges and immuni-
ties of natural born citizens of this ftate, any law, ufage or cuftom, to the contrary not-
withftanding.
Ey order of the Houfe.
JOSEPH HABERSHAM, Speaker.
Savannah, February 22, 1785.
FORGERY.
An ail for the more effeblually preventing and punifliing forgery.
E IT ENACTED by the Senate and Houfe of Reprefentatives of the fate of
Toforgeccr- -*3 Georgia in General Affembly met, That from and after the paffing of this a6t9
nenmndV if any perfon or perfons fhall falfely make, forge, alter or counterfeit, or caufe or
'eK' procure to be falfely made, forged, altered or counterfeited, or willingly acl; or affift
in the falfely making, forging, altering or counterfeiting any audited certificate, iffued
by the auditor general, or any order or warrant iffued by his excellency the governor,
FRAUDS IN SELLING BEEF, PORK, PITCH, &c.
•'iO
Or to utter or
publish the
same as tvue.
X>Y the honorable the preficlent of the Senate, or fpeaker of the Houfe of Reprefenl-a-
tives of this (late, on the treafurer thereof, for any money or other thing, or any
warrant for land iffued bv the juftices of any land court within this (tare, or any cer-
tificate, draft, warrant or order from any of the public officers of this itate, ifi'ued
under, or by virtue of any a£l or refolve of the General Aflembly, or any deed, will,
teftament, bond, writing obligatory, bill of exchange, promifTory note, or order for
money or goods, or acquittance, or receipt for money or goods, or any endorfe-
ment or affignment of any bond, writing obligatory, bill of exchange, promifTory
note, or order for money or goods, with intent to defraud any perfon or perfons
whatfoever, or fhall utter or publifh as true, any falfe, forged, altered or counter- ?4feifther
feited audited certificate, governor's, prefident's, fpeaker's, or other public officer's
certificate, draft, warrant or order, fo as aforefaid iifued under or by virtue of any
a£l or refolve of the General Aflembly of this itate, or any deed, will, teftament,
bond, writing obligatory, bill of exchange, promifTory note, or order for money or
goods, or acquittance or receipt for money or goods, or any endorfement or align-
ment of any bond, writing obligatory, bill of exchange, or promifTory note, or or-
der for money or goods, with intent to defraud any perfon or perfons whatfoever,
knowing the fame to be fo falfely made, forged, altered or counterfeited, every fuch
perfon or perfons fo offending, and being thereof convicled according to the dueP;claredt°»<'
x l O? O O felony withoui
courfe of law, he, The or they mall be deemed guilty of felony, and fuffer death benefit ofcler.
without the benefit of clergy.
2. And be it further enacted, That if any perfon or perfons fhall falfely make, Toforgeand
forge, utter or pafs any bafe metal as gold or iilver coin, within this (late, knowing decked
the fame to be falfe, bafe or forged, and being thereof convicted, fhall fuffer death ^no
without the benefit of clergy.
WILLIAM GIBBONS, Speaker of the Houfe of Representatives.
BENJAMIN TALIAFERRO, Prefident of the Senate.
Concurred December 14, 1792.
EDWARD TELFAIR, Governor.
out
metals
to be
the same ef-
Pieambie,
FRAUDS IN SELLING BEEF, PORK, PITCH, Be.
An act to prevent frauds and deceits, in felling beef, pork, pitch, tar, turpentine, and
firewood.
1.X7C THERE AS the preventing frauds and deceits in packing of beef and pork and
V V in felling pitch, tar, turpentine and firewood, will greatly increafe the cre-
dit and repute of thofe commodities of this province, and alio be for the particular
benefit and emolument of the purchafers or exporters of the fame : Be it therefore
enabled, That from and after the firft day of February next, all and every cafk or
cafks, in which any beef or pork fhall be packed and expofed to fale within this pro-
vince, 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
the faid calks fhall be proved, before the fame fhall be packed with any beef or pork,
and fhali gauge thirty gallons.
2. And be it further enabled, That from and after the faid firft day of February afore- Bane's *f beef,
faid, every barrel of beef or pork packed and fold, or expofed to fale in this pro- two hundred '
vince: fhall contain two hundred pounds weight of wholefome? well cured meat in
H$ FRAUDS IN SELLING BEEF, PORK, PITCH, &c.
the fame, after being ten days faked and well packed with fait and pickle, and not
more than one (hank, one fhin, and one half of the neck, and no head in each
atvl be weighed • lrir l
fector"10*"" barrel °' ,:!ee'5 anc* not more than two heads in each barrel of pork; and the fame
mall be weighed and infpecled by fome of the packers and infpeclors herein after
mentioned, who (hall brand the fame with his refpeclive brand.
«,?derpa.akyd 3. And be it further enabled, That from and after the faid fir ft day of February
ii!^r"ty ilul" aforefaid, no merchant, factor, trader, or other perfon, (hall fhip for exportation
on board any fhip or veffel whatever, any beef or pork for a foreign market, be-
fore the fame be packed by fome packer or infpector of the port or place where the
fame is intended to be (hipped, and by the faid packer and infpector branded, under
pain of fuch perfon fo (hipping, forfeiting the fum of twenty (hillings fterling for
every fuch cafk fo (hipped, to be recovered and applied as herein after directed.
4. And be it further enabled? That from and after the faid firft day of February
l^tocontdn aforefaid, every barrel of pitch which (hall be made and fold in this province, fliall
kndtwent^fd contain three hundred and twenty-two pounds grofs .weight, and the ftaves of the
grolounds faid barrels not to exceed half an inch in thicknefs; every barrel of tar made and
fold as aforefaid, fliall contain at leaft thirty-two gallons, clear of dirt, drofs, chips
th"ty°twonga" or water; and every barrel of turpentine fo made and fold as aforefaid, fliall weigh
wE^hfoureto ^our hundred and fixty pounds grofs, clear of dirt, (and or water; and that no mer.
hundred and chant, faclor, trader, or other perfon whatever, fliall (hip, or put on board any (hip
sixty pounds ' ' ? . r . . T • , n ' ,"
lerlonsship- or vellel, tor exportation from this province, any tar, pitch or turpentine, before the
edwVSfive ^ame *s marked by fome packer or infpeclor, under pain of forfeiting, for every bar-
?y bam!01 eve"rel f° (hipped, the fum of five (hillings fterling, to be recovered and applied as herein
after directed. i
5. And be it further enabled, That if any fraud or abufe fliall be fufpecled in any
opened maLs-e barrel or barrels of pitch, which fliall be brought to market, or expofed to fale, the
picionoffraud. perron ^.j^ fj^jj treat for tjie pUrcnafe of fuch pitch, fliall be at liberty to cut open
as many barrels of the fame as he fhall think proper, which fhall be liable to be view-
ed, judged and forfeited, as herein after directed, and where any pitch fhall be con-
Beda?fraudu- demned as fraudulent, by the perfon or perfons empowered to view and judge the
fdted?andfaiso fame, all fuch condemned pitch fhall be forfeited and fold by the treafurer and appli-
ea^barref's^1, ed to fuch ufes as is herein after directed, and the owner or perfon expofing fuch pitch
condemned. tQ ra]e? f|iau ajf0 forfeit the fum of five (hillings fterling, for each barrel fo fraudu-
lently brought to market, and expeied to fale, and the fame may be recovered againft
him, as is provided by the aft, for the more eafy and fpeedy recovery of (mail debts
and damages, and (hall be applied to ufes as herein after directed. Provided aliudys,
That when any pitch (hall be ordered to be cut open as aforefaid, without the confent-
proviso. of the owner, or perfon offering, or expofing the fame to fale, the fame (hall be done
at the rifle of the perfon who (hall caufe fuch pitch to be fo cut open (ihat is to fay)
if fuch pitch fhall not be condemned as fraudulent, by the perfon or perfons empow-
ered to view and judge the fame, that then the perfon who caufed the pitch to be fo
cut open and examined, 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 then bear at that
port or place, any thing herein contained to the contrary notwithstanding.
6. And be it further enabled. That fuch perfons as fhall be appointed packers or
pickers to be infpeclors, by ordinance* or otherwife of the governor, council and Commons
Houfe of Affembly, in General Afiembly met, fhall be, and they are hereby di
reeled, before they enter into the execution of their offices, feverally and refpectively.
FRAUDS IN SELLING BEEF, PORK, PITCH, &c. 247
to tal
port
ce the following oath, before fomejuftice of the peace, for the parifli where fuch
(hail be, who fhall grant fuch packer and infpeclor a certificate thereof: u I, A.
. do folemnly fwear, that I will faithfully and impartially execute the bulinefs and Tkeiroatn.
duty of a packer and infpeclor, in the town and port of to the bed of my
(kill 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 frauds
and deceits in felling beef, pork, pitch, tar, turpentine and firewood, So help me God."
7. And be it further enabled, That the packers and infpectors fo to be appointed,
Ihall receive for their trouble from the feller or owner of any beef, pork, pitch, tar, inspectors!, s*
or turpentine, the fum of fixpence for every barrel of beef or pork, and the fum of
twopence forv every barrel of pitch, tar, or turpentine, which they (hall view, infpecl,
mark or brand, as aforefaid. And the laid packers and infpectors, are hereby feveral-
]y. directed to have and. make ufe of a feparate brand, with the initial letters of the name Must brand an
*- barrels with
of fuch packer and infpeclor, and in cafe of refufal or neglect, to do and perform any their initials,
of the duties by this act required to be done and performed by fuch packer and infpec- often pounds,,,
tor, he or they forefufmg or neglecting, after he or they, (hall have accepted fuch of-
fice, (hall for every fuch offence forfeit the fum of ten {hillings.
8. And be it further enabled, That if any packer or infpeclor, {hallmark or brand
any beef, pork, pitch, tar or turpentine, not weighing or containing the weights or mea- ^ftr%rfy'
lures, directed by this act, fuch packer or infpeclor Ihall, for every barrel fo marked or Smg Seef,
branded, forfeit the fum of forty millings fterling, to be recovered and applied as here- &=• imPr°i?er-
in after directed.
9. And whereas many frauds are committed in the fale of firewood, • Be it further
enabled by the authority aforefaid, That from and after the firft day of February afore- Firewood"^
faid, every cord of firewood which {hall 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 firewood fold and delivered them by the cord, as afore-
faid, fhall fufpecl a deficiency therein, 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 often {hil-
lings ; and the packer and infpeclor meafuring the fame, fhall be paid the fum of fix-J^J,*^
pence for every cord fo meafured by the feller thereof, in cafe of deficiency, and in cafe fprfeittensMP
no deficiency ihall appear, then to be paid the fum of fixpence by the perfon or perfons 2SSSXcr3r
applying.
10. And be it further enacted, That all the fines and forfeitures by this act inflict-
ed, ihall be recovered, upon proof of the offence, before any juftice of the peace F;neB.to be ™-
for the parifli where the fame Ihall be committed, by warrant under the hand and fealju^tftte
of fuch juftice, directed to any conftable of the faid parifli, and be to the informer. SKtof
11. And be it further enabled, That this act Ihall continue and be in force tor and™"'
during the term of three years, and from thence to the end of the next feffion of the
General Affembly, and no longer.* SaM"
By order of the Upper Houfe.
JAMES HABERSHAM, Prefident.
By order of the Commons Houfe of Affembly.
ALEXANDER WYLLY, Speaker,
Council Chamber, March 6, 1776.
Afiented to.
JAMES WRIGHT.
* Revived and continued indefinitely by acls of 1783 and 1784.
243 GAMING.
An all for amending an aft, entitled " An act to prevent frauds and deceits in Jelling
beef i pork, pitch, tar, turpentine and firewood.''''
Pttsmtde. lm TT THERE A S, the aft of the General Afiembly paffed the fixth day of March,
V V in the year of our Lord, one thoufand feven hundred and fixty-fix, entitled
J; An aft to prevent frauds and deceits in felling beef and pork, pitch, tar, turpentine
and firewood, is found to be deficient in refpect of the regulations therein directed, as
garrei,0f to the packing and infpecting beef, and pork, for remedy whereof, Be it enabled, That
.toconta!n°tMr- from and after the firtt day of May next enfuing, every barrel in which beef, or pork,
ty-two gallon. j-|iaj| ^ pac}-e(| an(j expofed for fale in this province, fhall contain and gauge thirty-
two gallons, and be made of feafoned timber, as direfted by the faid recited aft, and
fliall have on each barrel, not lefs than twelve found and fufficient hoops.
Andmau 2. And be it further enacted. That from and after the laid firft day of May, every
.hun^ed?nd barrel of beef, or pork, packed and fold in the province, fhall contain two hundred
&c!ncypo<ln s* and twenty pounds weight, of whoiefome well cured meat in the fame, after being fak-
ed at lea It ten days, and carefully packed with a fufficient quantity of dry fait, and
well pickled, and not more than one ihank, half the neck, and no head, in each barrel
of beef, and not more than two heads in each barrel of pork.
Amibet.ramied o An& fre it further enabled, That the brands to be ufed by the feveral packers and
with the name *J J . -, . ^ *~
0fthep.ri(h,& infpeftors, according to the directions of -the faid aft, (hall have the name of the par-
of tli inspect- r ' o \ J r
i0ennh?lU }fo where the beef or pork is infpefted under that of the province, and alfothe names
of the infpeftors at full length; and fuch infpeftors and packers are hereby direfted
to furniih thcmfelves with fuch brands, and to brand the feveral barrels of beef and
pork by them infpefted, on the head, according to the directions of, and under the
penalty in the faid aft mentioned and inflicted,
continuation 4. And be it further enabled, That the before recited aft, and this aft, fliall conti-
nue and be in force for and during the term of three years, and from thence to the end
of the then next feffion of the general afiembly, and no longer, any thing contained in
the faid recited aft to the contrary notwithstanding.
By order of the Commons Houfe of Afiemblv.
NOBLE W. JONES, Speaker.
By order of the Upper Houfe.
JAMES HABERSHAM, PrefidenU
Council Chamber, 24th December, 1768.
Affented to. JAMES WRIGHT.
GAMING.
of this ad.
An act to fupprefs lotteries, and prevent other exceffive and deceitful gaming.
1. \ 71 7HEREAS many good and whoiefome ftatutes of Great-Britain have, from
Keunbtc \\ tjme to tjmc? Deen enafted and eftablifhed to prevent lotteries and gaming,
and great mifchiefs are daily found to arife from fuch praftices, both to trade and
the community in general, as many idle, loofe and diforderly perfons find means
thereby to fupport themfelves in a 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
GAMING. 2i9
ttaffine of this aft, if any perfon or perfons (hall erecl, fet up, or expofe to be ^Kef"
i i i 1 n 11 r l U O. J r * ,.~f~,-l shall forfeit in*
played, drawn, or thrown at, or Ihall caule or procure to be erected, let up, expoled hundred
to be played, drawn, or thrown at, any lottery, under the denomination of a fale, or pound*"
fales ofhoufes, lands, plate, jewels, mips, goods, or other things, or for money, or
any undertaking whatfoever in the nature of a lottery, by way of chances, either by
dice, lots, cards, numbers, figures, or tickets, or fhall make, print, advertife, or pub-
lifli, or caufeto be made, printed, advertifed, or publiflied, propolals or fchcmes for
advancing fmall fums of money, by feveral perfons, amounting in the whole to large
fums, to be divided among them by chances of prizes, or fliall deliver out, or caufe,
or procure to be delivered out, tickets to the perfons advancing fuch fums, to entitle
them to a fliare of the money fo advanced, according to fuch propofals or fchemes, or
Ihall 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 fliall be adven-
turers in, or pay any monies or other consideration, or any ways contribute unto any
of the faid games, lottery, or lotteries, fale, or fales, fuch perfon, or perfons, and eve-
ry, or either of them, on being convicted thereof, on the oath, or oaths of one or more
credible witnefs or witneffes, or on the confeffion of the party or parties accufed,
mail forfeit and lofe the fum of five hundred pounds lawful money of this province, to
be recovered by aft ion 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 SaI(!Sj s.c. d#
fales of houfes, lands, plate, jewels, fhips, goods, and other things, by any game, lot- cl,redV01d-
tery, or lotteries, machine, engine, or device whatfoever, depending upon, or to be
determined by chance, or lot, fliall, and are hereby declared to be void, to all intents
and purpofes: and whatever fliall be fo fet up, and expofed to fale, fliall be forfeited And every
' J *■ ' ' . ' ' ♦ thing setup
to fuch perfon or perfons who fliall fue for the fame, by aftion, bill, plaint, or infor- *a" be forfeit.
mation,in his majefty's general court of plea$ of this province, wherein no effoign, pro-
tection, wager of law, or more than one emparlance, fliall be allowed ; And in cale of
any offender againft this aft, not having fufficieut goods and chattels, whereon to le-
vy the penalty hereby inflifted, or not immediately paying the faid penalty, or giving
fecurity for payment thereof, it fliall and may be lawful for the juftices, before whom
fuch perfon or perfons fliall be convicted, to commit him or them to prifon, there to
continue and remain for any time not exceeding twelvemonths.
2. And be it enafted, That from and after the pafling of, this aft, all bills, bonds,
judgments, mortgages, notes of hand, or other fecurities,or conveyances whatfoever, .SfSrawi*
given, granted, drawn,, or entered into, or executed by any perfon or perfons what- S&vwwJ
foever, where the consideration of fuch conveyance or fecurities fliall be for any mo-
nies or other valuable things whatfoever, won by gaming, or playing at cards, dice,
tables, tennis, bowls, or other game or games, bet or bets, chance or chances of any
kind whatfoever, or by betting on the fides or hands of fuch as do game at any of the
games aforefaid, or for reimburfing or repaying any money knowingly lent or ad-
vanced at die time and place of fuch play to any perfon or perfons fo gaming or bet-
ting as aforefaid, or who fliall during fuch game fo play or bet, fhall be utterly void
and of none effect to all intents and purpofes whatfoever, any ftatute or ufage to the
contrary thereof notwithstanding ; and , where fuch mortgages, fecurities, or other
conveyances, fhall be of lands, tenements, or hereditaments, or Ihall be fuch asencum*
I i
250 GAMING. -
her or affe£t the fame, fuch mortgages, fecuritics, 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 heredita-
ments, in cafe the fa id grantor or grantors thereof, or the perfon or perfons fo encum-
bering the fame, had been naturally dead, and as if fuch mortgages, fecurities, or other
conveyances, had been made to fuch perfon or perfons fo to be entitled after the de-
ceafeofthe perfon or perfons fo encumbering the fame; and all giants and convey-
ances to be made for the preventing fuch lands, tenements or hereditaments, from
coming to, or devolving upon fuch per fan or perfons hereby intended to enjoy the
fame as aforefaid, fnail be deemed fraudulent and void, and of none effeel.
Money lost at 3' And be it further enacted, That any perfon or perfons whatfoever, who at any
le-recoVered.to time or times, fitting or fittings, within the fpace of jkwenty-foi*r hours, by playing
at cards, dice, tables, or other game or games, or by betting on the fides or hands
of fuch as do play at any of the games aforefaid, fhall lofe to any one or more per-
fon or perfons fo playing or betting, in the whole, the fum or value of five fhillings
lawful money of this province, and fhall pay or deliver the fame, or any part there-
of, the perfon or perfons folofing and paying or delivering the fame, lha.il be at li-
berty, within three months then next following, and not after, to fue for and reco-
ver the monies or goods fo loft and paid or delivered, or any part thereof, from the
respective winner or winners thereof, with cofts, by a warrant from a juft ice of the
peace, in nature of a warrant for debt, founded on this a£t, in cafe the monies or
goods fo loft and paid or delivered, fhall not exceed the value of eight pounds law-
ful money of this province; and in cafe the monies or goods fo loft and paid or de-
livered, fhall 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 a£t, to be profe-
cuted in his majefty's general court of pleas in this province; in which fuit no effoign,
protection, wager of law, privilege, or more than one emparlance, fhall be allowed,
, and in which action or fuit 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 fo loft and paid, or converted the goods won of the plaintiff to the defend-
ant's ufe, whereby the plaintiff's aftion accrued to him according to the form of
this a6t, without fetting forth any fpecial matter; and in cafe the perfon or perfons
who fhall lofe fuch money or other things as aforefaid, fhall not, within the time pre-
ferred, really and bonajtde 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 Ml cofts of fuit, againft fuch winner or winners
as aforefaid, unlefs fuch winner or winners, within ten days after the winning fuch
money or things, fhall repay or redeliver to the lofer fuch money or things fo won
and delivered to the lofer as aforefaid, together with fuch cofts of fuit as may have
accrued before the repayment or redelivery of fuch 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.
^ar?ceo8terback 4- And for the better difcovery of the monies or things fo won and received, and
gaminygrocomy. to be fued for and recovered as aforefaid, It is hereby further enaHed, That all and
'verrte0^1500" every the perfon or perfons, who by virtue of this prefent att fhall or may be liable
»ountonoath tQ ^ ^ue(j ^ ^ rame? n^u a}rQ ^ obliged and compellable to anfwer upon oath
fuch bill or bills in equity as fhall be preferred againit him or them, for diicovenng
GAMING. *5*
the fum or Turns of 'money or other things fo won and received at play as aforefaid:
Provided neverthekfs, That upon the difcovery and repayment of the money or
other thing fo to be discovered and repaid as aforefaid, together with the coL that may
have accrued, fuch perfon or perfons fhall be acquitted, indemnified and difcharged
from any further or other puniihment, forfeiture or penalty inflicted by this act.
5. And be it enatted, That if any perfon or perfons whatfoever, at any time or^«^«:
times after the paffing of this aft, by fraud, mift, cozenage, circumvemion, deceit jffi$jgc*
or unlawful device, or ill practice whatfoever, in playing at or with cards, or dice/oul[oltK
or any of the games aforefaid, or in bearing a (hare or part in the (takes, wagers or
adventures, or in or by betting on the (ides or hands of fuch as do or fhall play as
aforefaid, do or fhall win, obtain or acquire to him or themfelves, or to any other
or others, any fum or fums of money or other valuable thing or things whatfoever,
then every fuch perfon or perfons fo winning by fuch ill practice as aforefaid, being
convicted thereof, upon an endiftment to be exhibited againft him or them for that
purpofe, mail 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 (hall fuller
fuch corporeal puniihment as the court before whom the fame lhall be tried (hall think
fit to inflict, not extending to the lofs of life or member.
6. And for preventing fuch quarrels as- (hall or may happen upon the account of?fr^,ff|!:"
gaming, Be it further enacted, That in cafe any perfon or perfons, upon account of^^,faf;r.
any money won by gaming, playing or betting at any of the games aforefaid, fhallj^^J^
affault and beat, or challenge or provoke to fight any other perfon or perfons, fuc}i"ni,r«<«l«^
perfon 01 perfons fo affauking, beating, challenging or provoking to fight, on being
thereof convicted, upon an endictment or information to be exhibited againft him or
them for that purpofe, (hall 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
(hall alfo differ imprifonment, not exceeding fix months, without bail or mainprize.
7. And whereas the occupiers of many licenfed public houfes, and of other houfes TaVernkCe?.
wherein liquors are fold, frequently differ gaming therein, and apprentices, oveVfee'rs, t^Xxi^t^
journeymen, laborers and fervants, by means thereof, not only mifpend their time^ tt^uww.*
but are often reduced to poverty and diftrefs, Be it therefore -enacted. That from and
after the firft day of June next, after the paffng Of this set, if any perfon or per-
fons licenfed to fell any forts of liquors, or who (hall fell or fuffer the fame to be
fold in his, her or their houfe or houfes, or in any out houfes, grounds, or apart-
ments thereto belonging, (hall knowingly fuffer any gaming with cards, dice,
draughts, muffle boards, billiard tables, (kittles, nine-pins, or at or with any other
games, or implements of gaming, in his, her, or their houfes, out houfes, ground,
or apartments thereunto belonging, by any apprentices, overfeers, journeymen, la-
borers or fervants, and fhall be convicted of the faid offence, or their own confef-
fion, or on the oath of one or more credible witnefs or witneffes, (exclufive of the per-
fon giving information thereof) before any jultice or juftices of the peace of the par-
jfh or place where the offence (hall be committed, within thirty days after fuch offence,
he, (he or they, fo offending, (hall forfeit for the firft offence the fum of twenty (hil-
lings lawful money of this province, and for every like offence he, the or they, (hall
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 jultice or juftices, before whom fuch of-
fender or offenders fhall be convicted ; one moiety of which faid forfeitures (hall be
paid to the church wardens and veftry of the parifh or place where the offence (hall
be committed, for the ufe of the poor there, and the other moiety thereof to the perfon
1
*5.&, GAMING.
or perfons on whofe information fuch offender fhall be convicted ; and for want of
fufficient diitrefs, it fhalland may be lawful for fuch juftice or juftices to commit fuch
offender or offenders toprifon, not exceeding ten days, or until the money io forfeit-
ed fhall be paid.
8. And be it farther enacted, That from and after the faid firft day of June next, if
^e?bt,'&c°u-any apprentice, overfeer, journeyman, laborer, or fervant, fhall game in any houfe,
f.^ironmen"11 °ut houfe, ground, or apartments thereto belonging, wherein any liquors fhall be fold,
pubf^wfe". and fhall be thereof convicted, by the oath of one or more credible witnefs or witnef-
{"ts, or on his or their own confeffion, every fuch offender fhall forfeit and pay the
fum often fhiilings for everv fuch offence, to be levied by diitrefs and fale, and ap-
plied as aforefaid ; and in cafe no fufficient diflrefs can be found fhail be committed
to prifon, not exceeding the fpace of five days, or until the money fo forfeited fhall be
paid.
Jowe^oou^f- 9- -And be it further enacted, That it mail and may be lawful to and for any juf-
iu^cxecu" tice or juftices of the peace of any parifh or place in this province, and he and
•a of tin. ac. tjiey js ancj are ]iere|-)y reqUire(3 upon complaint, on oath, of any offence committed
againft this aft, 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 fhall
refide, for bringing before him or them, or fome other juftice of the fame parifh,
the perfon or perfons charged with fuch offence, and fuch juftice or juftices are
authorized to hear and determine the matter of fuch complaint, and to proceed to judg-
ment thereupon; and if it fhall appear by oath of any credible perfon, that any one
within the faid juftices' jurifdiSion, can give material evidence as to any offender
againft this act, or on behalf of the perfon accufed, and will not voluntarily appear
to be examined, fuch juftice or juftices may and fhall iffue his or their fummons, to
convene every fuch perfon before him or them to be examined on oath, touching the
premifes; and in cafe of refufal to be examined without juft caufe, it fhall be lawful
for fuch juftice or juftices to fine fuch perfon or perfons in a fum not exceeding forty
millings; and in default of payment thereof in five days, to commit fuch perfon to
prifon for a term not exceeding ten days, or until the faid fine fhall be paid, and the
expence attending fuch commitment fhall be borne and paid by the party or parties
offending againft this act, if of ability to pay the fame, ahid if not, the fame fhall
be paid by the public, in like manner as is done for conveying criminals to jail.
content io. Provided always, and be it enacted. That in all proceedings purfuant to this
»itanla.esun "act, any inhabitant of the parifh or place where the offence fhall be committed fhall
be deemed a competent witnefs, and fhall give evidence, notwithftanding his, her or
their being an inhabitant of fuch parifh or place.
■juices may n. And be it a! fo enacted, That if any juftice of the peace or conftable mall re-
do".," "usdze ceive information from any credible perfon, or fhall himfelf know, or have reafon-
able or juft caufe to'fufpett that any fuch perfons as aforefaid are gaming, contrary
to the intention of his act, in any licenfed public houfe, ox other houfe felling li-
quors, it fhall andjmay 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 refufal, to break open the doors of fuch houfes, and to fearch for, feize
and apprehend any perfon or perfons fo gaming as aforefaid, in order to his or their
being proceeded againft for fuch offence according to law.
Appeal allowed 12. Provided always, and it is further enacted. That any perfon or perfons who
to^c genera ^^ think him or them lei ves aggrieved by the determination of any juftice or juftices
of the peace, may appeal therefrom to the general court of pleas, and the party ap-
GAMING. *53
pealing mail give reafonable notice thereof to the profecutor, and enter into a recog-
nizance with two fureties for profecuting the fame with effect; and in cafe the judg-
ment or conviction of fuchjuftice or juftices ihail be confirmed, the party appeal-
ing fhall pay treble cofts.
13. And be it further enacted, That this act fhall be deemed a public aft, and fhall puwicaa.
be taken as fuch by all judges, juftices and magiftrates, and in all courts within this
province, without fpecial pleading; and (hall continue in force for the fpace of feven ,t, eonthHIiU
years, and from thence to the end of the next fellion of the General Aflembly, and Cl0n"
no longer.
By order of the Commons Houfe.
LEWIS JOHNSON, Speaker.
By order of the Upper Houfe.
JAMES HABERSHAM, Prefident.
JAMES WRIGHT.
February 29th, 1764.
An additional aB to an act entitled " An act tofupprefs lotteries, and to prevent other
excejjive and deceitful gaming."
WHEREAS it hath been found by experience that the above mentioned act Preamble,
hath not altogether anfwered the feveral good ends and purpofes thereby
intended, Be it therefore enacted, That from and after the paffing of this act, any per-
fon or perfons whofoever, who at any time or times, fitting or fittings within, the Moneyiostat
fpace of twenty-four hours, by playing at cards, dice, tables, or any other game or ?e™v« ed b*
games, or by betting on the fides or hands of fuch as do play at any of the games ac '
aforefaid, or any game whatever, fhall lofe to any one or more perfon or perfons fo
playing or betting in the whole the fum or value of five fhillings lawful money of this
province, and fhall pay or deliver the fame or any part thereof; the perfon or perfons
fo lofing and paying or delivering the fame, fhall be at liberty at any time within fix Jc™nX.m
months then next following, and not after, to fue for, and recover the monies or
goods fo loft and paid or delivered, or any part thereof, from the refpeciive 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 aft, 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 fhall
exceed that fum, the iofer 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 majeity's
general court of pleas in this province, to which action or fuit, no effoign, profe-
cution, wager of law, privilege, or more than one emparlance fhall be allowed, and
in which action or fuit 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 ef-
fects fo loft and paid, or converted, 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 per-
* Juftices' jurifdi&ion retrained to thirty dollars.
$54 GAMING.
^cotherp^e Ton or perfons, who mall lofe fuch money or effects as aforefaid, (hall not within
ESfi^Sthsthc time p,re£eribed, really and bona Jide, fue, and with effect profecute for the mo*
to?.fm.«if,th»niesor effeels fo by him or them loll and paid or delivered as aforefaid, it mall and
fit^r ^^ ^e lawful to and for any perfon or perfons, by any fuch action or fuit as afore-
faid, to fue for and recover the fame with full colts of fuit, againft fuch winner or
winners as aforefaid, unlefs fuch winner or winners within ten days after the winning fuch
money or effects, fha41 repay or redeliver to the lofer fuch money or effects, fo won
and received as aforefaid, together^ with fuch cofls of fuit as may have accrued be-
fore the repayment or redelivery of fuch money or effects, the one moiety of the
money or effects fo recovered, mall be to the ufe of the perfon or perfons (other
than the perfon lofing) who fliall fue for them, and the other moiety to the ufe of the
poor of theparifh where the offence (hail be committed, any thing in the herein be-*
fore mentioned law to the contrary thereof in any wife notwithstanding,
ous liquors, <j. And be it further enacted, That from and after the pafiing of this a£l, if any per-
ming in their fon or perfons licenfed to fell any forts of fpiritous liquors or who lhall fell or fuffer
houses under i r 1 l • i • 1 t • i r 1 r
{ih4 'wmds fL t1ne larae to be fold in his, her, or their houfe or houfes, or in any out houfes, ground
ten pound "L or apartments thereunto belonging mall knowingly fuffer any gaming with cards,
aftc7wa'fasce dice, draughts, fhuffle boards, billiard tables, {kittles, ninepins, or at or with any oth^
er games or implements of gaming, in his, her, or their houfes, or out houfes, grounds
or apartments thereunto belonging, by any apprentice, overfeers, journeymen, la-
borers, or fervants, or any other perfon or perfons whatfoever, and ihall be convict-
ed of the faid offence on their own confeffion or on the oath of one or more credita-
ble witnefs or witneffes (exclufive of the perfon giving information thereof) before any
juflice or juftices of the peace of the parifii or place where the offence ihall be com-
mitted within thirty days after fuch offence, he, ftie or they, fo offending fhall forfeit
for the firfl offence the fum of five pounds lawful money of this province, and for
every like offence, he, fhe or they, fliall afterwards be convicted of the fum of ten
pounds to be levied by diflrefs and fale of the offender's goods by warrant from the
juflice or juftices before whom fuch offender or offenders (hall be convitted, one
moiety of which faid forfeitures (hall be paid to the church wardens and veftry of the
parifh or place where 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 offen-
der or offenders fhall be convicted, and for want of fufficient diftrefs, it fliall and
may be lawful for fuch juflice or juftices to commit fuch offender or offenders to pri-
fon, not exceeding thirty days, or until the money fo forfeited fhall be paid, any thing
in the herein before mentioned law to the contrary thereof in any wife notwithftand-
Jtohcaft, g# ^nfi ie it further enabled. That this aft fliall be deemed a public afr, and fhalj
be held and taken as fuch by all judges, juftices and magiftrates, and in all courts with-
in this province without fpeciaily pleading the fame, and fhali continue and be in force
for and during the term of fix years, and from thence to the end of the next feffion,
of the General Affembly ,and no longer.
By order of the Commons Houfe of Affembly.
ALEXANDER WYLLY, Speaker.
By order of the Upper Houfe.
' JAMES HABERSHAM, Prefdent.
Council Chamber, March 25, 1765.
Aflentedto. JAMES WRIGHT,
GAMING. s55
An act to prevent gaming and horfe racing.
i. ~\"\ J HERE AS the pernicious practice of gaming is carried to a great length in
V V this ftate, to the great detriment and hurt thereof; to prevent which as
much as may be, and to enhance the fines and penalties to be levied by feveral lav/s
heretofore made to fupprefs and to prevent fuch gaming, Therefore be it enacted by
the reprefentatives of the freemen of the fi ate of Georgia in Afjtmbly met, and by
the authority of the fame,, That every perfon or perfons liable to penalties and Additional &r.
forfeitures, as are pointed out in the faid acts, {hall be further fubject. to be fined in Sing" for s"
the following fums: That is to fay, eveiy perfon keeping a billiard table*, with intent
to game or lofe money or other things, the fum of one hundred pounds. All per-
fons licenfed to keep public houfes, or other houfes where liquor is fold, fufifering ^ft
any game knowingly to be played for money, or other things to be loft or won, by
any perfon or perfons whatever, in the houfe, apartment, ground or enclofure of
the faid perfon or perfons fo keeping public houfes or other houfes, either by cards, TavemkecPerS
dice, draughts, fhuffle boards, billiards, {kittles, ninepins, or at and with any other twenty poun<u
game or games, or implements of gaming, fhall, for every fuch game fo played as gamin™ tins
aforefaid, forfeit and pay upon conviction the fum of twenty pounds.
2. And be it enacted by the authority aforefaid, That every perfon or perfons who onefmndird
mall run, or caufe 10 be run, any race by any horfe, mare or gelding in this ftate, tu^fo/horse"
for, or by reafon or means of gaming, or of lofing money or other things by the raeuJS"
faid race, fhall, for every fuch offence, forfeit and pay the fum of one hundred
pounds.
3. And be it further enabled by the authority aforefaid, That all fines and penalties how1nUbfre-,
heretofore ordered to be levied on the offenders againft the aforefaid afcts of Alfem- «£«edawUP-"
bly now of force in this ftate, and alfo the fines, penalties and forfeitures directed
by this act fhall be recovered and appropriated in like manner as is directed and pointed
out by the faid a£ts of Affembly, any thing to the contrary in any wife notwith-
ftanding.
4. And he it enabled by the authority aforefaid, That this a6l fhall continue and ^0tnbt-^ti0°
be in force until the firft day of January, one thoufand feven hundred and fe-
venty-eight, and from thence to the end of the next feffion of Affembly.
By order of the Houfe of Affembly.
N. W. JONES, Speaker.
Savannah, June 7, 1777.
* Permitted by paying a tax of one hundred dollars. See tax ad of the year 1801.
An act to regulate taverns, and to fupprefs vice and immorality.
ift, 2d and 3d Sections refpefts the regulation of taverns, repealed by aft of 1791. Fines ancuisa*
4. And be it further enabled, That if any tavern-keeper fhall permit or fuffer any vera keepers.
perfon or perfons whatever to gamble or play at cards, dice or billiards * in his or
their tavern, with an intention of winning or lofing moiy or other property, or any
other houfe to them belonging, he, fhe or they lhall b/ idged incapable of keeping
5 Repealed by ad of 1791.
256 HORSE STEALING.
a tavern; and for every fuch offence {hall forfeit, totheufeof the informer, the furn
of five pounds, recoverable with coils in any court of record in the county wherein
fuch taverns be kept.
En!\r-^Z" 5' An^ ^e i* farther enacted, That if any public officer fliall take a profane oath, he
r ** s' fliall forfeit the fum of five fhillings for every fuch offence. And any other perfon
or perfons whatfoever, not being a public officer, for fuch offence fliall forfeit two
fhillings and fixpence; and any perfon convicled in the court of confeience of trading
with (laves without a permit, fliall be liable to pay ten pounds.
By order of the Houfe.
WILLIAM GIBBONS, Speaker.
Augufta, Augufl 14, 1786^
«««»«*•©
Treatment of
The duty of
justices therein
An aU more effectually to punifli perfons guilty of flealing horfes, ajfes or mules*
toneitufti *' "RE IT ENACTED by the Senate and Houfe of Reprefentatives of the fate of
fctaySui -Up Georgia in General Affcmbly met, and by the authority of the fame, That if
tew.0 any perfon or perfons, after the palling of this aft, fliall felonioufly ileal, lead, take
or drive away any horfe, gelding, mare, colt, filly, afs or mule, or be acceffary
thereto, and being thereof duly convi&ed, fliall be adjudged guilty of felony, fuch
perfon or perfons, convicled as aforefaid, fliall fuffer death without the benefit of
clergy, by being hanged by the neck till he, flieor they be dead.
2. And be it further enacted, That when any perfon or perfons fliall be charged
and apprehended for the offence or offences aforefaid, it fliall be the duty of the jut
tice or juflices before whom he, fhe or they are brought* to take in writing the ex-
amination of fuch prifoner or prifoners, or perfons fo accufed, and alfo the oath or
affirmation of him or thofe who aCcufe; and if upon fuch examination it fliall ap-
pear to fuch juftice or juflices, that the prifoner or prifoners accufed are guilty of
the charge or charges alledged againft him, her or them, it fliall be the duty of the
juftice or juflices aforefaid to commit the prifoner or prifoners, or perfons accufed,
to the common jail of the county where fuch perfon or perfons have been appre^
hended; and where there fliall be no jail in any county, to the nearefl fubflantial jail
in any adjacent county in the flate; and it fliall be the duty of the keeper or keepers
the^uo?. of of fuch jail to receive and detain in clofe confinement, without bail or other enlarge*
ment, fuch perfon or perfons until difcharged or liberated by due courfe of law.
perfons com-- o Be it enacted by the authority aforefaid, That this a£t fliall not extend, or be
nutted under ° ? , . -/ J J ' .
buubitrtot conttrued to extend, to authorize any judge or judges 01 the lupenor courts, or
juflices of the inferior courts of this flate, upon a writ of habeas corpus, or any
other writ whatever, to admit to bail, difcharge, or otherwife enlarge any perfon
or perfons committed as aforefaid, againil whom oath has been made, that he, fhe
or they are guilty of any of the crimes before recited in this ael.
pfopgrfy of 4. And be it further enabled by the authority aforefaid, That in future it fhall be the
jecu»j!nour's duly of the juftices of this flate, and they are hereby feverally required, on iffuing a
tegstrierehf. warrant to apprehend any perfon or perfons charged with any criminal offence, to
direct the peace officer executing the fame, to make diligent enquiry as to the property
of which any perfon, charged as aforefaid, may be poffeffed at the time he or fhe was
apprehended, and fuch officer is hereby required, within ten days thereafter, to ren-
INDIANS.
m
de? an account thereof to the juftice before whom fuch criminal may be brought,
who is hereby directed (in cafe the prifoner is not difcharged) to make a return of fuch
property to the clerk of the fuperior court, at or before the term when the criminal is
to be tried, which property is hereby made liable, in the firfi: inftance to the payment
of jailers' fees for dieting the criminal, to whom it may belong as aforefaid; and if any
juftice or peace officer, fir all fail to perform the duties hereby required, he (hall himfelf
be fubjeclto the payment of the colls with which fuch criminal may be chargeable as
aforefaid, which may be levied by execution on the property of the juftice or officer
fo offending, in the fame manner as if the judgment had been againit himfelf.
5. And in all cafes where bail is admitted, the perfon or perfons becoming fecurity Bait mayhem
(hall, if required, make it appear to the fatisfatlion of the court, that he, fhe or they, fy.iredu>jU8t&i
are amply fufficient for the fum for which fuch bail is taken.
WILLIAM GIBBONS, Speaker of the Houfe of Reprefentativeu
BENJAMIN TALIAFERRO, Prefident of the Senate.
GEORGE MATHEWS, Governor.
December 19, 1793.
INDIANS.
An aft to prevent private perfons from pur chafing lands from the Indians , and for
preventing perfons trading.zuith them without licenfe*
WHEREAS the fafety, welfare and prefervation of this province of Georgia, **<»*««
doth in great meafure depend on the maintaining a good correfpondence be-
tween his niajefty's fubjeSs 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 trultees for eftab-
lifhing the colony of Georgia by his prefent majefty, and fince reinvefied in the crown,
under pretence of certain pur.chafes made of them from the Indians, which have giv-
ien occalion 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 licenfe9 Be it enatled, That from and after the cmtn#st»-
fifteenth day of February, one thoufancl feven hundred and fifty -eight, if any perfon ind!antfuntej|
or perfons whofoever Jhall attempt to purchafe or contract for, or caufe to be pur- voihlFkc**
chafed or contracted for, or fhali take or accept of a grant or conveyance of any Forfcuow*
lands or traces of land from any Indian, or body of Indians, upon any pretence pound*
whatfoever, (except for the ufe of, the crown and that by permiffion for this purpofe,
firft had and obtained from his majefty, his heirs or fucceffors, or his or their gov-
ernor or commander in chief of the faid province for the time being) every fuch pur-
chaie, contract, grant and conveyance, Jhall be, and is and are hereby declared to be
pull and void, to all intents and purpofes whatfoever 3 and all and every perfon and
perfons fo offending fhall, for every fuch offence, forfeit the fum of one thoufand
pounds fterling money of Great-Britain, the one half thereof to his majefty, * his heirs
md fucceffors, for the ufe of the province, and the other half to him or them wba
Kk
* To the aate.—See a& of i7&fc
25S INDIANS, MURDER OF.
fhall fue for the fame, by action of debt, or information in the general court of this
province, in which no protection, effoign, privilege, or wager of law, or more than one
emparlance (hall be allowed. *
The remainder of this aft, regulating trade and intercourfe with the Indians, repeal-
ed by aft: of congrefs.
By order of the Commons Houfe of Affembly.
DAVID MONTAIGUT, Speaker.
By order of the Upper Houfe.
PATRICK HOUSTOUN, Prefident.
Council Chamber, February 15, 1758.
Aflented to.
HENRY ELLIS,
* Same fubjedl treated of by a& of 1 784.
INDIANS, MURDER OF.
An aH declaring, that to murder any free Indian in amity with this province is equally
penal with the murdering of any white p erj "on , and that to refcue a prifoner committed
for fuch offence, is felony. i
*sM»Me. '^iTHEREAS it has been reprefented that fome Indians in amity with this pro-
W vince, have been barbaroully murdered, to the great fcanc al of fociety,and
the danger of involving this province in a bloody and expenfive war ; and there is
reafon to believe that feveral ill difpofed perfons have not confidered fuch inhuman
aftions in a proper light, but being influenced by the ill grounded prejudices which
ignorant minds are apt to conceive againfl; perfons differing in color from them-
felves, and unaware of the confequences, have rather looked on thofe murders as meri-
torious; to difcourage therefore as much as may be fuch unchriftian like and cruel
^hefnurdei.of practices, and to explain and fet forth the great danger thereof, It is declared, That
i$faf i°!£h|' to murder any free Indian, in amity with this province, is by the law of the land as penal
frheeeTh«erp°ef* to all intents and purpofes whatfoever as to murder any white perfon.
Fdonytores- 2. And to the end that all perfons may know the confequence of refcuing any pri-
«oien^ittednfor foner committed for the murder of any free Indian in amity with this province, It is
alfo declared, That by the law of the land any perfon refcuing any fuch prifoner fo»
committed, is guilty of felony*
WILLIAM YOUNG, Speaker.
JAMES WRIGHT. N. JONES.
June 20, 1774.
INDIAN HUNTING-GROUND.
ticattblv.
An at! for the appointment of commifjioners to run the line defgnating the Indian hunt-
ing-ground.
WHEREAS diforderly perfons, regardlefs of the lives and happinefs of the
good citizens of this ft ate, who are fettled on the frontiers, and in open vio>-
INDIAN H'UNTING-GRCft/Ma 259
lation of the law, have prefumed to furvey and mark lands beyond the temporary
line between the white inhabitants and the Indians:
And whereas, at the late treaty with the Creek Indians, it was among other tilings
agreed, that commiflioners mould be mutually appointed clearly to mark, in every
part, the temporary linedefignating the Indian hunting-ground:
1. Be it enaBed by the reprefentatives of the freemen of thejlate of Georgia in G?- Z?™™^0*®*
neral AJfembly met, and by the authority of the fame, That James White, Jofeph Ha- ™ ^S'"
berfham, Arthur Fort, James Arm (trong, and Jarcd Irwin, efqrs. be and they are a^witfi't/^
hereby appointed in behalf of this ftate, in conjunction with the commiilioners on 'SmSS60 "
the part of the Creek nation, without delay to trace and mark, in a plain and con-
fpicuous manner, the temporary boundary line as heretofore eftabliihed, that is to
fay: From the Canokee mountain, in the direction of the prefent temporary line Direction of me.
from Tugalo River, till the fame mall ftrike the head or fource of the main direft out.pointeli
ftream of the fouth branch of Oconee River, called alio Appalachee, by which is to
be understood the main fork of Oconee River, next above Little River, to which
faid fouth branch aforefaidthe General Affembly, in laying out the counties of Wafh-
ington and Franklin, in one thoufand feven hundred and eighty-four, firft gave the
name of fouth branch of Oconee, thus known and eftabliihed by law-, and regarded
as fuch by the good and faithful citizens of this ftate; down the faid fouth branch
of Oconee to the mouth of the Oakmulgee, where the fame empties into the Oco-
nee; and from the mouth of the Oakmulgee as aforefaid, in a direfct line to the head
or fource of the St. Mary's River. The laid com miffioners, in the execution of this .
law, are not to regard any lines, furveys or grants of defigning and difhoneft fpecu- veysarenot t*
lators, made by tortured and perverfe conftrufcHon of the land laws of this ftate, hut ^ietl^ac«io»
are to govern themfelves by the plain and direct expreffion of this acl, and (hall re-
turn to the executive a lift of the names of all perfons who fhall have furveyed or
marked lands beyond the line herein defcribed; lb far as the fame fhall come to their
knowledge.
2. And be it further enaEled by the authority aforefaid, That any perfon or perfons
who fhall hereafter be guilty of marking, furveying, or attempting to furvey or 6b* ">ng landfwitfc
tain grants for any lands beyond the temporary line defisriatin^ the Indian hunting- ry'ine- or?t-
J !!•■ , J ■ 1 \ • 3 -i i ■ i 1 r 1 r . • <*-mptmR to ob-
grOUlia, in addition to the pains and penalties provided in the land law of one thou-^11 grantsfor
Y 1 r Til 1 same, liable
land ieven hundred and eighty-three, to which they are fubje£t, fhall be liable to &>££j£rb£m"
fine and corporeal punifhment, at the difcretion of the court before which they arefe,££££g&
convicted : Provided, the fame fhall not exceed five hundred, nor be lefs than one hun-t^S™'
dred lames for the firft offence, and for the fecond offence fhall be held and adjudged mo?c\han%
guilty of felony. The commiffioners herein appointed fhall, before they enter upon &«5
the bufinefs of their appointments, take an oath, to be adminiftered by his honor theofl1ony?oritf
governor, truly and faithfully to difcharge the duties required of them in this a6t.
3. And whereas, notwithstanding the moft pofitive laws to the contrary, many ^*";
perfons, from defign or accident, have run large quantities of land, and obtained SSwjtodtfi*
grants for the fame, fouthward of the prefent temporary line between the good <siti-.tf^?SSS5
zens of this ftate and the Indians, and expect to hold the fame when a ceffion of faid ?fef Ija*
land can be obtained: Be it therefore enabled by the authority aforefaid, That the fur-
veys or grants for fuch land be confidered, and they are hereby declared to be null
and void, and of no effect whatever; and the perfons who from defign aforefaid have
been guilty of running the faid lands, or any wife concerned therein, are hereby de-
clared to have incurred all the pains, penalties and forfeitures, mentioned in the land
ads of one thoufand feyen hundred and eighty -three, and one thoufand {even hun-
*6o INDIAN VIOLENCES, PREMIUM FOR SUPPRESSION OF.
IllV^yor! dred and eighty-four; and in all furveys that may or fhall hereafter be made -within
?krsCtotean-' the temporary line of this ftate, the name or names of the furveyor and chain car-
pfatshereafter riers fhall be annexed to each plat.
*vitbhi™hdeeime. 4. And be it further enabled, That the law, dated the thirteenth day of February,
i7b"tcoa0Pnoint one thoufand feven hundred and eighty-fix, fo far as refpefts the appointment of
agents to reside • 1 t 1 • • 1 1 1 r • 1 1 11
sn the Indian agents in the Indian nation, be, and the lame is hereby repealed.
mtiun, -repeal* ° t> 1 r 1 tt r
9*, By order ol the Home.
Augufta, February io? 1787.
WILLIAM GIBBONS, Speaker.
INDIAN VIOLENCES. PREMIUM FOR SUPPRESSION OF.
An at~l for fuppr effing the violences of the Indians,
creekindians *• TJ^ ^ ENACTED by the reprefentatives of the freemen of the ftate of Georgia
outoTthe'pro6- ^3 in General AJJembly met, and by the authority of the fame, That from and im-
iute;niawfniisto mediately after the paifingof this act, the Creek Indians fhall be coniidered as without
wnor capture tne protection of this ftate, and it (hail be lawful for the government and people of the
fame to put to death or capture the faid Indians wherefoever they may be found within the
limits of this ftate, except fuch tribes of the faid Indians which have not, or ihall not
hereafter commit hoftilities againft the people of this ftate, of which the commanding
officer fhall judge.
Kfteenhun- 2* J^nc^ ^e it further enabled, That fifteen hundred men be inlifted as foon as may
tafweTandof! ^e, to ferve until peace is eftablifhed with the Indians, to be formed into two regi-
•cercd. ments, confifting of feven hundred and fifty men each ; each regiment to be divided
into ten companies, and that a colonel, lieutenant colonel and major be appointed to
a regiment, and a captain, two lieutenants, four fergeants, ^nd one drummer and one
fifer to a company, and to a6l for the defence of the ftate, and fhall be fubjeQ; to the
orders of the governor for the time being ; and all other their fuperior officers : Pro-
vided, That at the time of inliftment each man fhall take and fubfcribe the following
soldiers' oath, oath •• "I? A. B. acknowledge and folemnly fwear that I have voluntarily inlifted inT
the company of the ftate troops of Georgia, to ferve until peace fhall beeftabliihed
with the Indians, and that I will be faithful to the ftate, and obedient to my officers."
3 Prefcribes rules for the government of the troops. Obfolete.
The governor 4. A nd whereas from the remote diftance of the refidence of congrefs from this
^g^ntVJf0 ftate, it may fo happen that other and more numerous forces may be neceffary to be
Kvenhundred raifed before the aid of the Union may arrive, for fuppreffing the violences of the In-
each. ty m n dians : Be it therefore enacted by the authority aforefaid, That it fhall and may be law-
ful for his honor the governor in council to raife two regiments of volunteers, to
confift of feven hundred and fifty men each, and to have officers conformable to the
rules pointed out as aforelaid, which faid officers and men fhall at all times, when in
a&ual fervice, be entitled to the rations herein after eftablifhed, and the officers and
men intended to be embodied as aforefaid fhall be under the following rules and re-
gulations.
5. Thefe rules are obfolete.
6 and 7 Prefcribe rules for the government of the troops. Obfolete,
INDIAN VIOLENCES, PREMIUM FOR SUPPRESSION OF, 261
8. And whereas it may fo happen, that certain perfons have run and furveyed
lands without the limits of the refpeclive counties of this ftate as eftablifhed by law,
and for which grants may have been furreptitioufly claimed : Beit enacted, That all lands f^^^'
without the limits aforefaid are hereby declared to be vacant, any warrant, furvey or Sectaredtonbe'
grant to the contrary notwithftanding; and that a trad of. land laying and comprehended Ilnd reserve* I
within a line to be drawn from the mod fouthern ftream of the fouth fork of Oconee, oni^oificers8*
commonly called the Appalachee, in the neareft direction to the head or fource of thean so ier**
main ftream of Flint River, down the faid river including all the iflands of the fame
to the confluence of the Chatahouchee and Flint River, thence eaftwardly to the head
or fource of St. Mary's, to the confluence of the rivers Oconee and Oakmulgee,
and thence up the river Oconee to the head or fource of the molt northern ftream
of the Appalachee, or fouth fork where this line begins, fhall be referved and at the
ceffation of the hoftilities with the Indians, appropriated to and for the allowances and
bounties of and for the faid: officers and troops ; and no warrant, furvey or grant,
fhall be obtained for any part of the lands within the faid referve by any perfon whate-
ver, until fuch hoftilities fhall ceafe, and all fuch officers or troops fhall have a prefer- preference**6
ence in laying their .bounties within the faid referve. therein.
g. And be it alfo enatfed, That the faid bounties fhall not interfere' with a certain said bounties
quantity of land in the vicinity of thofe Indian towns which are and mall continue fere ww/the
to be friendly, which quantity fhall be determined by a future legiflature. --iy Indians.
10. And be it further en aBed by the authority aforefaid, That all. the allowances and ^™fpero'p!"r.
bounties to the officers., and bounties to the faid troops, fhall be made and allotted t'oaaUottC(ie
in the following proportions: to a colonel, one thoufand two hundred acres: to a
lieutenant colonel, one thoufand one hundred acres; to a major. One thoufand acres;
to a captain, nine hundred acres; to a firft lieutenant, eight hundred acres; to a fe-
cond lieutenant, feven hundred and fifty acres; non-commiffioned officers, feven hun-
dred acres; and to privates well armed and accoutred, fix hundred-and forty acres-:
and any general officer or officers called into the fervice ■ for '-> - •■ being
fhall have further allotments made to him or them in the following proportions:
to a major general, one thoufand five hundred acres, and to a brigadier general, one
thoufand four hundred acres: and that the ftaff officers taken from the tine, fay bri-
gade majors, adjutants and quarter mafters, be allowed in addition two hundred and
fifty acres each for extra fervices; the aids-de-camp to the commander in chief be
allowed the rank and emoluments of a lieutenant colonel: aids-de-camp to major
and brigadier generals be allowed the rank and emoluments of a major; that an ad- ^^tan*
jutant general be appointed by the executive with the rank and emoluments of a ?£e rani^a1
colonel; and fuch allowances and bounties' mall be made in good faith to the differ- ^thtounTy6.1'
ent officers and foldiers as foon as may be after the ceffation of hoftilities and refto-
ration of peace. .. '' °/ ' ; \ ' ' '" . .' :
11. And be it enaHed by the authority aforefaid. '1 hat it fhall and 'may be lawful The governor,
for his honor the governor, with the advice-of the executive council for the time ^.^^1
being, to enter into fuch engagements with the .people in Franklin as may be conii- jl"^"^]*"
dered neceffary for fuppreffing the, faid hoftilities of the Indians, and to engage on Tennessee'0*
the part of the ftate, that for all the officers and privates that fhall be actually enga-
ged in the accomplishing the above purpofe, the fame Bounties mall be made and gi-
ven, as are herein before directed by this a'8:, to the officersand troops to be raifed for
this ftate; alfo an additional bounty of fifty acres on every one hundred acres, in
lieu of rations, and all other claims againft the ftate, out of and upon the tracl of
country commonly called the bent of Tenne(fee? within this ftate; Provided) That
s62 INDIAN VIOLENCES, PREMIUM FOR SUPPRESSION OF.
the number do not exceed fifteen hundred in addition to thofe already empowered to
beraifedupon this act: And provided alfo, That the right of pre-emption on all fur-
veys heretofore made by the authority of" this ftate, fhall be firft fet apart.
«aemS,,crtor 12- ^n^ be it. further enacted, That an infpeecor general, with the rank and emo-
therlnkwpay luments of a colonel, fhall be appointed. — That part of this feBion which prefcribes
And'commi'lsa- the duty of the infpe£tor general, obfolete. And a commiffary of ilfues, with the
tiifsamrrank1, rank and emoluments of colonel, fhall alfo be appointed. The remainder, point-
ing out the duty of the commiffary, obfolete.
Adircdorpn- *q. And be it alfo enacted, That a director General in the medical department, with
era! with the x ■ , ■, J riiniii
«ime r.mk, &c. the pay and emoluments or a colonel, mail be appointed, who fhall have power to
nominate and recommend the furgical affiftance necefiary in this department, and
who fhall report the number to the executive for their approbation of that body.
He fhall keep a fair and correcl regifter to be made up the laft day in each month, m
which he fhall enter the name of each perfon to whom medical or furgical affiftance
may be adminiftered, together with the company and regiment to which he belongs,
pus assistants a eack am^iant as mau De approved as aforefaid, fhall have the pay and emoluments
toinvethe 0f a lieutenant colonel, and each fhall make monthly returns of all official trail fac-
rank, pay, <vc, 3 /
qoionei?niluc tions M3 his department to the infpeBor general.
14, 15. Obfolete — Pointing out the command of officers and protection of friendly.
traders.
The governor i6. And be it further enacted, That his honor the governor, with the advice of
troop of cavai- the executive council, mail make fuch arrangement of the forces to beraifed, as may
admit of corps of artillery and cavalry, where fuch officers and men fhall find hor-
fes without charge to the ftate, artillery and horfes for the fame excepted.
17. And be it further enacted by the authority aforefaid. That no ftate foldier be al-
So'diersnoten- ,,''"' r r -i 11 ' i 7 rii 1
titled pbou'i-M&iwea a bounty as aforefaid, who does not rendezvous at fuch place as the executive
ties who do not J ' r
^"deanVd°equip-raay appoint,, completely armed and accoutred, on or before the firft day of Febru-
D«eri«rsnot aiT next : And -provided always, That no perfon deemed a deferter fhall be entitled
bou«tydto to any bounty named in this a£t. And that this afct fhall be and continue. in force for
pe^etiwusfar the government of the faid troops, until a peace with the Indians is eftablifhed and
touatfe..^ ratified by the. legiflature of this ftate, and fo far as the fame refpecls bounties fhall be
Handing and perpetual.
By order of the Houfe.
WILLIAM GIBBONS, Speaker.
Augufta, October 31, 1787.
An ait to amend and repeal certain parts or claufes of an act, entitled " An aB for
fuppreffing the violences of the Indians," pafjed the thirty -Jirjl day of Oftober, one
thouj 'and j 'even hundred and eighty-feven.
1 Relates to clothing furnifhed the troops. Obfolete.
2. And be it further enacted, That the time for inlifting the ftate foldiers be pro-
in^proiVnged. longed, from the firft day of February next, to the thirtieth day of March next, any
thing in the afore recited a6l notwithftanding.
persomfur- 3. And whereas it will tend to fill up the regiments intended to be raifed, and eafe
t^tsmSt the citizens of this ftate, to fuffer perfonsfliable to military fervice under the militia law,
from miiitu £Q ^^ fubftitutes : Be it further enacted, That any fuch three perfons liable as afore-
faid, who will furnifh an able bodied recruit} to ferve during the war? well armed and
Time for inlist- ■
INDIAN VIOLENCES, PREMIUM FOR SUPPRESSION OF. s$jjj
accoutred as aforefairl, fuch as fhall be approved of by the infpeftor general, fhall be
exempt from all militia duty during the prefent war with the Indians, any thing in
the militia act to the contrary hereof in any wife notwithstanding : And the faid re-
cruits (hall be allowed a bounty of land in like manner as the ftate troops, and be-
come a part thereof, after being delivered up to fome officer belonging to the faid
regiments ; and that thofe foldiers received as fubftitutes in the volunteer regiments,
be annexed to the ftate troops. The remainder of this aft. is obfole-te.
By order of the Houfe.
N. BROWNSON, Speaker,
February I, 1788.
An aBfor making compenfation to the troops in the fervice of 'thisflate, for dif charging
the faid troops, and for collecting andfecuring the public arms.
1.T3EIT ENACTED by the Senate and Houfe of Reprefentatives of the flat e 6fl*c™kt£1'
JlJ Georgia in General Affembly met and by the authority of the fame, That thea"themmtu!y
pay of the officers and foldiers in the fervice of the ftate, fhall be the fame as the mi-
litia when in actual fervice, and that the auditor be directed to liquidate their refpeft- 22££Ki?
ive claims, upon proper vouchers being produced j and fhall grant each officer and ^^.
fo'ldier a certificate for the amount of pay due to them, which faid certificates' fhall becat"#
received at the treafury, as other audited certificates are.
2. And to the intent, that no officer or foldier who is not actually in the fervice a general mus-
of the ftate at this prefent time, fhall receive pay, Be it enabled. That there fhall be a ^intte0d.jta11
general mufter of the faid regiment at the town of Wafhington, within three months ^J^br^dty
from the pafling of this aft, and that no officer or foldier fhall be entitled to receive and pay-
his pay, unlefs he makes his appearance at the faid mufter, or fends a fufficient ex-
cufe on oath or affirmation, that he has been prevented from attending3, by fickneft, or
fome other unavoidable calamity. Provided That no man who is now returned a de-
ferter, fhall be entitled to pay, nor any perfon who has ferVedasa fubftitute.
9. And be it further enabled, That on the day of general mufter as aforefaid, the pos^ttheSamw
ij x- %/ tJ jo 'in the public
troops (hall depofit their arms in the public ftorehoufe, and. the ftore keeper fhall im- storehouse.
mediately forward a certificate, of the number of arms with the names of the privates
depofiting the fame, to the auditor, and that no private foldier fhall be entitled to re-
ceive pay for any time previous to the date* of his>captain's commiffion ; and the cap- S"?Cccm.
tains, or commanding officers of the refpeftive companies, are hereby required towwmlftft?*
make a return of the number of men in their refpeftive companies, with the dates of Snoath,0 me*
their inliftment, which fhall be fworn to before the auditor in the words following:
*s I, A. B. captain or commanding officer of company of the ftate troops, do Theoa*'
folemnly fwear, that the return I now give in, is a juft and true return of all the non-
commiffioned officers and foldiers in my company, with the dates of their inliftments,
in which I have diftinguifhed between thofe who have been received, or ferved as fubfti-
tutes from thofe who were not, and that I have not returned a man who has been abfent
more than thirty days without leave, at any one time, from the regiment of ftate troops,
all which I declare without any equivocation, or mental refervation whatever. So help
me God," which faid oath the auditor is hereby empowered and required to adminif-
ter to the captains or commanding officers of faid ^companies reflectively ; and be-
t€± INDIAN VIOLENCES,' PREMIUM 'FOR SUPPRESSION OF.
fore the auditor proceeds to give any non-comtniffioned officer or private foldier-a
Atid-tor.to .id- certificate,, Tuch-non-commiflioned officer or private mall take an oath, that the date
.j-i.nu.ter.tlie .. ., . ' , . . r ' - ~
ams. . ot his lnhitment- returned by his captain on commanding omcer is juit and true, and
that he has never been abfent more than thirty Says) without leave, at any one time,
' from the ferviceof the ftabe, and that he has not been a fubftitute. Provided, That
nothing herein contained {hall extend to debar the fubititutes m the faid regiment from
receiving the-bounty in land engaged to them by " An a£t to amend and repeal cer-
tain parts of an act for fup'prefling the violences of the Indians," paffed the firft day
of February one tUoufand feyen hundred and eighty-eight,
subatitutesta 4- -And be it further enacted, That the faid troops {hall be allowed the fame bounty
ueseionand?' of land as is pointed out to them refpectively, in "An acl for fupprefling the vio~
rccc^epaVor lences of the Indians." Provide iieperihfiejs, That all officers and foldiers who have
t°ey deliver been intruded with any fpecies of public property, fnall be accountable for the fame,
ctVeVpubiic and fhall not.be entitled to receive either his pay or bounty as afore faid, until he fnall
property by . • 1 1 1 •' I i • ". ~ ft
them received, return the arms fo received by him or them ; and a receipt or acquittance for fuch
public property be produced to the auditor.
Representative! 5- And be. it further enabled, That in cafe of. the death of any of the foldiers, then
person"senti- the captain or commanding officer of the company, fnall give a certificate of the fame
payandboun. to the legal repjefentative of fuch perfon, who {hall be entitled to his pay and other
emoluments, on producing the fame to the auditor.
The governor ^. Be it alfo .enaBed by the authority afore/aid, That from and after the palling of
SeVoopsflc. tnisa& the governor fhall liave full power to difcharge "the 'faid troops, and take fuch
further order as he may deem necefiary to fecurethe public property, which may be
forthcoming; and that he alfo be directed and required to caufe the commanding
officers of the different brigades of militia within this flate, to have immediate returns
made from each brigade, of theperfons exempted from militia duty therein, under the
law authorizing the inliftment of fubflitutes, together with a copy of the certificates
given to the individuals claiming fu.ch exemption ; and that the infpe£tor general be
alfo required to make a return of the fubititutes actually received, arid that have been,
in fervice.
SEABORN JONES, Speaker of the Houfe of Reprefentatives.
pTHAN BROWNSON, Prefident of the Senate.
EDWARD TfeLFAIR, Governor.
December J24& 1789.
/in aft for appropriating a part of the unhealed territory of this flate for payment, of
the late fate troops, and for other purpofes therein mentioned,
l. "D> E IT ENACTED by the Senate, and Houfe 'of Reprefentatives of the fate of
tandsh«wt« JL3 Georgia in General Affembly met, and it is hereby enacted by the authority of
the Jame, That on the expiration of two months after the Indian claims' fhall be ex-
tinguifhed to the territory hereinafter defcribed, it mall be lawful for any perfon or
perfons to obtain a warrant of furvey from his excellency the governor for the time
being, under the regulations and reftri6tions herein after mentioned, that is to fay :
c<rmB.i«!iofi«r There mail be a commiffioner. of locations, appointed, by the iegiflature, in each"
i«f location, county within this flate, whole duty it {bail .be- to keep a fair book of entries, in t$iQ.
INDIAN VIOLENCES, PREMIUM FOR SUPPRESSION OF. z6g
form to be prefcribed by the fecretary of the flate and the furveyor general, and to
receive applications for warrants in terms of this aft; but previoufly to making
any entry therein, fuch commiffioner of locations mail require a certificate of two
or more freeholders, together with the oath or affirmation of the perfon applying,
taken before him in writing, fetting forth the number and defcription of his family
entitled to head rights, and that they do intend to fettle the landsapplied for agreeably
to the tenor of this aft; which oath or affirmation the faid commifTioners are feve-
rally authorized and required to adminifter: a copy of which entry, together with
the certificate and affidavit aforefaid, fliall be tranfmitted, under the hand and feal
of fuch commiffioner, to his excellency the governor, who fliall thereupon iffue his
warrant to the perfon making the entry as aforefaid, or to his, her or their legal re-
prefentatives, under a proper check, direcled to all and fingular the furveyors to be
appointed under this aft. And the faid commiffioners of locations fliall be, and
they are hereby entitled to demand and receive of the perfons applying for and ob-
taining entries as aforefaid, the fum of half a dollar for every entry fo made by him.
And fuch commiffioners of locations fliall, before they enter upon the duties of their
office, be refpeftively fworn before one or more of the juftices of the inferior court
of the county in which they fliall refide, and enter into bond, with fufficient fecuri-
ty, in the fum of one thoufand pounds each, payable to his excellency the govern-
or and his fucceffors, for the due and faithful performance of the duties required of
them by this aft, which bonds fliall be taken by the clerks of the inferior courts of
the feveral counties, and be by them tranfmitted to the executive. And his excel-
lency the governor fliall be entitled to receive on every warrant iffued by him, the
fum of half a dollar,* and his fecretaries half a dollar; and all grants iffued in pur-
fuance of this aft fhall be free from (late fees.
2. And be it further enaBed, That all fuch warrants may be located to any part c$ *jjfcl° r^%
parcel of land fouth of the Oconee, and within the boundary line defcribed in andarctobcBiaa':*
by an aft paffed and dated at Augufta, on the thirty-firft of Oftober, in the year of
our Lord one thoufand feven hundred and eighty-feven, entitled " An aft for fup-
preffing the violences of the Indians:" and after fuch warrant is obtained, it fhall be
the duty of either of the furveyors of the diftrifts herein after mentioned, or their
deputies, to furvey the fame in the order in which fuch warrants may be delivered to
them, and in the manner following, to wit: The faid furveyors fliall make two fair Directions for
? o? . * ' i surveyor*,
plats of all furveys made by them, the fcale whereof to be inferted in fuch plats, and
fliall plainly and diftinftly defignate thereon the beginning, angles, diflances, marks
and water-courfes, and other remarkable places croffed or touched, or near to the
lines of fuch lands, and alfo the quantity of acres, and fhall tranfmit fuch plats to
the furveyor general's office, together with the warrant or order of furvey, one of
which with the warrant fhall be filed by the furveyor general, and the other annexed
to the grant. And no furvey fliall be made without chain carriers, who fhall actu-
ally meafure the land furveyed, and fliall be paid by the party for whom the furvey
fhall be made; and fuch chain carriers fhall be firft fworn to meafure juftly and tru-
ly, and to deliver a true account thereof to the furveyor, which oath every furveyor
is hereby empowered and required to adminifter. And every furvey fliall be bound-
ed by natural boundaries or right lines, and fliall be an exaft fquare, unlcfs where
fuch lines interfere with lands already granted or furveyed, or unlefs where any fur-
LI
* Annulled by the eonftitution. See ift fe&ion of 2d article,
a66 INDIAN VIOLENCES, PREMIUM FOR SUPPRESSION OF.
vey fhall be made on any river or water courfe above the width of fifty. feet, in which
lait cafe the water mall form one fide of the furvey, and the breadth on fuch water
fhall not be more than one half of the diftance back from the water; and the lines of
every furvey fhall be plainly and diftinctly marked, leaving no part thereof open;
and there fhall be one or more ftation trees plainly marked with a blaze and three
chops in every line, except where it is rendered impracticable by fwamps or water-
uS'innari-courfes: Provided neverthelefs, That nothing herein contained fhall be conftrued to
mabyb"siwW extend to prevent any perfon from obtaining a furvey of any ifland or iflands in the
'navigable waters, the quantity of which fliall not exceed what is allowed by this act
w/'shtsal" to k£ contained in one furvey: Provided alfo, That no perfon or perfons fhall be al-
lowed to obtain a warrant for more than three hundred acres for his or their head
right, and fifty acres for his wife, and fifty acres for every free-born child, he or they,
may have under the age of fixteen; and all unmarried perfons from that age and up-
proviso. wards, fhall be entitled to a warrant of three hundred acres: And provided alfo, any
perfon or perfons obtaining fuch warrant, and making fuch furvey, the furveyor ma-
surveys to be king; the fame fhall, within two months thereafter, advertife the fame in two or more
advertised «"»
public places adjoining fuch diftrict, and alfo in one of the gazettes in the town of
Augufta, at leaft three months before the fame fhall be fent to the furveyor general's
office, in order to obtain a grant,
warrants to be 3. And be it further enacted, That the officers and foldiers of the late ftate troops,
State troop and their reprefentatives, fliall be, and they are hereby entitled to receive a warrant
from his excellency the governor, in like manner with the citizens aforefaid, on pro-
ducing the genuine original bounty warrant iffued under and by virtue of the afore-
faid act, for fuch quantity as is therein expreffed ; and the faid furveyors to be ap-
pointed as aforefaid, fhall not locate or furvey any lands in the faid difiricls under any
other warrant or warrants whatever, than thofe iffued agreeably to the directions of
this act.
one acre in e- a. And he it further enabled. That every perfon or perfons making fuch furvey or
very hundred "A * . r . . *■* '
tobecuhiva- furveys, fhall within twelve months fettle in faid diftrict, and cultivate at leaft one
ted in twcive ^ ,
months. acre for every hundred acres he may fo locate, and that no one perfon fhall obtain
a warrant in his own name, for any larger quantity than is herein before fpecified.
settlers exempt 5. And be it further enabled, That for the encouragement of perfons defirous of
feu™ year" or' fettling on the faid lands, and to extend the limits and increafe the population of this
ftate ; the faid diftrict or county fhall be exempt from taxes for the fpace of four
years from and after this aft fhall take effect; and no perfon or perfons fliall be bound
to pay for fuch land more than the ufual and cuftomary office fees-
surveyor* to 6. And be it further enacted,. That the furveyors to be appointed by this act,.
trive bond ana J J J * * J .
security and be for the faithful performance of their duty, fhall each and every of them give bond
and fufficient fecurity to his excellency the governor for the time being, in the fum of
three thoufand pounds, and fhall take and fubferibe the oath ufually adminiftered to
furveyors. Any perfon or perfons, or furveyor, who fliall prefume to furvey land
in the faid diftrict, not duly authorized, each and every fuch perfon or perfons, fhall
for every furvey made, forfeit and pay the fum of ten {hillings for every acre fo fur-
veyed, one half to the informer, and the other half to, and for the ufe and benefit of
this ftate, which fum fhall be profecuted for, by the department of the attorney gene-
ral, on the information of any perfon, and all fuch furveys fliall be and they are here-
by declared to be null and void.
mega. sun^ 7- -And whereas many perfons have furveyed lands contrary to the laws and wel-
ded v»m. fare 0f ^ £ate . ge ^ enaftea\^ -p^at all fuch furvey or furveys, and the grants fou*u
INDIAN VIOLENCES, PREMIUM FOR SUPPRESSION OF. 267
ded thereon, be, and the fame and each and every of them, are hereby declared to be
null and void.
8. And be it further enatted, That the fura of twenty thoufand dollars be, and tbeTwent7thou.
fame is hereby appropriated for the purpofe of extinguifhing the Indian claims to J^taE"
fuch territory, (mould any there be.) And the fenators and reprefentatives of this SSSSSi*4
ftate in the congrefs of the United States are required to apply, without loi's of tim'e Application w
for a treaty to be held, with fuch tribes or nations of Indians who may claim the SSKtoaty.
right of foil to fuch lands; and this law fliall begin to operate within two months af-
ter the extinguishment of fuch claim or claims.
9. And be it further enabled., That three commiffioners be appointed to attend any con™™nm
treaty to be held under the authority of the United States for the purpofe of extin- J*|^££
guifhing the Indian claims to the territory aforefaid, who fliall be entitled to receive tanc
fix dollars per day each, as a compenfation for their fervices, and they fhall be al-
lowed a fecretary, who mail receive three dollars per day for his fervices.
10. And whereas the Indian claims to that tract of country, called and known by the rduwowng
name of Tallifee, lying between the rivers Alatamaha and St. Mary's, were extinguifh- ^« ■**■
ed by commiffioners appointed by the legiflature of this ftate, in October one thoufand
feven hundred and eighty-five, by treaty. Be it therefore enabled, That all that tract
of country known by the name of Tallifee, be, and the fame is hereby annexed, and
fet a part for location in the fame manner, and under the fame rules and regulations,
as the lands defcribed in this act, any law to the contrary notwithftanding. Provided,
That no location on the lands herein defcribed, fhall take place, until the affent of the
general government fhall be firft obtained.
11. And be it further enabled, That the territory lying between the rivers Oconee, ^^J^
the branch thereof called the Appalachee, and the Oakmulgee, fhall be laid off into ^^^
five diftricts, in the manner following, viz. All that part from the confluence of the
Oconee and Oakmulgee, rivers, up to a line to be run directly from Carr's bluff on
the Oconee, to the place where the Cuffeta path croffes the Oakmulgee River, fhall
form the firft diftrict : All that part Inying between the faid line, and a parallel line, to «****■
be run directly from the mouth of Shoulderbone to the Oakmulgee River, fhall
form the fecond diftrict : All that part lying between the faid laft mentioned line, second.
and a parallel line to be run from the mouth of Jack's Creek on the Appalachee
River, to where the fame fliall interfe£t the northernmoft or main branch of the Oak-
mulgee River, fhall form the third diftrict : All that part lying between the north and Thi«*.
fouth branches of the Oakmulgee River, that is to fay ; from the fork thereof, up
the faid northern or main branch of the faid Oakmulgee, to the place where the Bloo-
dy Trail croffes the fame, thence a due weft courfe to the Chatahouchee River ;
thence down the faid river to a point on the fame, from which a due eaft line fliall
ftrike the head or fource of the main fouthernmoft branch of the faid Oakmulgee;
thence down the fame to the place of beginning, fliall form the fourth diftrict. And 7our*'
all the remaining part of the faid territory, fhall form the fifth diftrict. Fifth.
12. And be it further enabled. That all the diftrift of territory called Tallifee, fhall ^rni°ttherdis-
form one other diftrict ; and that a furveyor fhall be appointed by the legiflature for ^esaurv*>;9trJ%
each and every of the diftricts above mentioned, who fliall give bond and approved e^^\\T'fve
fecurity to his excellency the governor, in the fum of three thoufand pounds each, for rftydin"hreecu"
the faithful and impartial performance of their duty, agreeably to the principles of pe„ndf.a
this a£r ; and no furveyor fhall be at liberty to employ any perfon as a deputy in either Sffif^n^*
of the faid diftricts, until he fhall have parted the examination of the furveyor general, generaundap-
and be approved by the governor^ nor fhall any furveyor retain in his fervice moreswraorftb6
1
263 INDIAN VIOLENCES, PREMIUM FOR SUPPRESSION OF.
than two deputies, and each furveyor fliall be refponfible for the conduQ of his depu-
ties.
a tfat of rash 13- -And be it further enacted, That it fhall be the duty of the furveyors to be ap-
firstrrecorded pointed under this aft, to afcertain the quantity of land concained in their refpe&ive
^nerarlomce^ifl-iiBs as nearly as may be, to make a fair plan or plat thereof, marking the feveral
water courfes and remarkable places contained therein, and to return the fame to the
furveyor general's office, which fliall be there entered of record, before any furvev
fhall be made for any perfon or perfons whatfoever.
And certain 14. And be it further -enabled. That his excellency the governor fhall, previoufly to
tr ids laid out \ • • ,r • J re 1 • ■ r 1 • n 1 7-
uh publicum, his miiing any warrant of lurvey to the citizens ot this ftate, or any other perfons
whatfoever, caufe three thoufand acres of land to be laid off on the fouth fide of the
Alatamaha River, on the bluff lying neareft to the confluence of the Oconee
and Oakmulgee rivers; two thoufand acres on the fouth fide of the Oconee River,
on the moft advantageous bluff near the Rock Landing, together with one thoufand
acres in addition to the foregoing, in each of the diftrifts contemplated by this act,
in the moft advantageous parts of the faid diftrifts, for public ufes; and the plats of
fuch furveys fliall be recorded in the furveyor general's office, and from thencefor-
ward fliall be completely held and veiled in his excellency the governor for the. time
being, in truft to and for the ufe of the public.
THOMAS NAPIER, Speaker of the Houfe of Reprefentativzs,
BENJAMIM TALIAFERRO, Prefident of the Senate.
Concurred December 28, 1794.
GEORGE MATHEWS, Governor.
Tresmtlt.
An abl to provide a fund in aid of the ail of the lafl feffion of the legiflature, entitled
ti An abl for appropriating a part of the unhealed territory of this fiate, for the
payment of the late fate troops^ and for other purpofes therein mentioned '."
WHEREAS the executive authority of the United States has authorized a trea-
ty to be held for the extinguifhment of the Indian claims to certain lands
■within the limits of the ftate of Georgia, agreeably to the aft of the laft legiflature,
entitled " An aft for appropriating a part of the unlocated territory of this ftate, for
the payment of the late ftate troops, and for other purpofes therein mentioned;"
which treaty the ftate is defirous of furthering to the utmoft of her power and ability ;
Additional aP. i. Be it therefore enabled by the Senate and Houfe of Reprefentatives of the fate of
extinguish m- Georgia in General AfTembly met. That the fum of fifteen thoufand fix hundred and
fifty-fix dollars and nineteen cents, of the flock of the United States, the property
of this ftate, and funded in the name of George Jones, together with the interell due
or to grow due on the fix and three per cent, proportions of the faid flock, be, and
the fame is and are hereby appropriated in aid of the fum of twenty thoufand dollars
appropriated by the afore recited aft, entitled " An aft for appropriating a part of
the unlocated territory of this ftate for the payment of the late ftate troops, and for
other purpofes therein mentioned," for carrying a treaty with the Creek Indians into
execution, and for extinguishing the faid Indian rights to the territory in the faid aft:
mentioned and contemplated to be extinguished; and his excellency is hereby empow-
ered to caufe the fame to be affigned and fet over on the books of the treafury, or
INDIAN VIOLENCES, PREMIUM FOR SUPPRESSION OF. 269
on the books of the commifHoners of loans of the United States for this {late, for
this fpecial purpofe and no other. And in order that no difficulty may arifefrom
deficiencies of appropriation for the deferable objed't of carrying into execution the
{aid treaty, and the extin'guifhment of the Indian rights under it:
2. Be it further enacted. That his excellency the governor, in cafe he fhall deem Tfoegovem«
J * . emi ' w'ep d to
the fame neceffary, mail be, and he is hereby empowered to caufe fo much eonfif- »<£ c^fct^gd
cated property which may have reverted to the {late, or which may have remained f^;"^'^1
yet unfold, to be'difpofed of at his option, either at public or private {ale, as may lils-
appear to him mod advantageous to the Itate, as will raife the fum of ten thoufand
dollars cam, and which fum is hereby appropriated for that fpecial purpofe and no
other, any thing in any former law to the contrary notwithstanding.
3. And be it further enabled, That fo foon as and immediately after the extinguifli- be™"endcd!
ment of the Indian claims as afore mentioned to the lands contemplated to be ob- imuan^uhnf
tained under the treaty, {hall have taken place, the further operation of the faid ac\ ea! extlll£ulsh"
entitled " An act for appropriating a part of the unlocated territory of this {late, for
the payment of the late Hate troops, and other purpofes therein mentioned,'"; {hall
ceafe and {land fufpended until the meeting of the General Affembly, which his ex-
cellency the governor is hereby required to convene fo foon as the treaty fhall be ra-
tified by the Senate of the United States, and for twenty days thereafter.
4. And be it further enabled. That no furvey {hall be made, or grant {hall iflue for Swwuntfe^
any land fo extinguished, until the fame fhall be laid off into counties, agreeably to
the constitution.
£. And be it Further enabled, That three difcreet and proper perfons fhall be ap- ThreecommIs-
*-' *^ , *■*■_■*■ * sioners to be 2p-»
pointed by joint ballot of both branches ot the General Affembly, as commiiiioners p°inted'
on the part of this ftate, to attend the faid treaty; and all appointments of commif-
fioners or furveyors heretofore made under and by virtue of the act aforefaid, are
hereby declared null and void.
THOMAS STEVENS, Speaker of the Houfe of Reprefentatives,
BENJAMIN TALIAFERRO, Prefident of the Senate.
Concurred February 12, 1796.
JAR ED IRWIN, Governor.
An atl to repeal an atl, entitled u An all; allowing further time to the officers qndfol-
diers of the late fate troops, who have received no compenfation for their fervices,
to make their claims, and have them liquidated by the auditor ^" pafjed thefeventeenth
day of September, one thoufand f even hundred and ninety -two.
1. "O E IT ENACTED by the Senate and Houfe of Reprefentatives of the fate of
JL3 Georgia in General Affembly met, and by the authority of the fame, That the™eatfg.iving
aft entitled '" An atl allowing further time to the officers and foldiers of the late ftate ^1edi(e*cte0r^nd
troops, who have received no compenfation for their fervices, to make their claims, 2iatasrep«£
and have them liquidated by the auditor," paffed the feventeenth day of September3cd'
one thoufand feven hundred and ninety-two, be, and the fame is hereby repealed.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives,
DAVID EMANUEL, Prefident of the Senate.
Affented to December 6, 1799.
J-AMES JACKSON, Governor,
270 INTEREST OF MONEY.
* An aB for reducing the inter ejl of money in this province,
preamble. T^7*HEREAS the high rate of intereft in this province of Georgia, is a great dif-
V V couragement to planters and others from improving their landed eftates there-
in, by reafon that the profits arifing from fuch improvements do not equal the fum
paid for money fo laid oat 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 laid high rate of intereft, to the detriment of the
faidplanters, and others, and to the great hinderance of the improvement and fettlement
of the faid province: for remedy whereof, and for preventing the like mischief for
the future: Be it enacted, That no perfon or perfons whatfoever, from and after the
twenty-ninth day of March, in the year of our Lord one thoufand feven hundred and
fifty-nine, upon any contract that mail be made from and after the faid twenty-ninth
interest or mo -dav of March, fhall take direftly or indirectly, for loan of any monies, wares, mer-
ther'thfngttf' chandize, or other commodities whatfoever, above the value of eight pounds for the
tenter1*" forbearance of one hundred pounds for a year, and fo after that rate for a greater or
leffer fum, or for a longer or fhorter time, and that all bonds, contrafts, and affur-
ances whatfoever made after the time aforefaid, for the payment of any principal or
BondSi„otes& money, to be lent covenanted, to be performed upon, or for any ufury, whereupon
srpe°"e7i«erest or whereby there mail be referved or taken above the rate of eight pounds in the
eVjdedarwT* hundred as aforefaid, fhall be utterly void ; and that all and every perfon or perfons
whomfoever, who fhall after the time aforefaid, upon any contract to be made after
the faid twenty-ninth day of March, take, accept, and receive, by way or means of any
ki^earnync'0nX' corrupt bargain, loan, exchange, chevifance, fhift, or intereft of any wares, merchan-
toevaTthl? dize, or other thing or things whatfoever ; or by any deceitful way or means, or by
feft theabiefotiie any covin, engine, or deceitful conveyance for the forbearing or giving day of pay-
ment for one whole year of, and for their money or other thing, above the fum of
eight pounds, for the forbearing of one hundred pounds, for a year, and fo after that
rate for a greater or leffer fum, or for a longer or fhorter term, fhall forfeit and lofe
for every fuch offence, the treble value of the monies, wares, merchandizes and oth-
er things fo lent, bargained, exchanged, or fhifted, any law, ufage or cuftom to the
contrary thereof, in any wife notwithstanding.
DAVID MONTAIGUT, Speaker.
By order of the Upper Houfe.
PATRICK HOUSTOUN, Prefident.
AfTented to March 27, 1759.
HENRY ELLIS.
ralue.
INDIGO WEED, AN ACT TO BURY.
And aft to oblige the planters of indigo, after fie eping the weed, to bury or deflroy it -with-
in a limited time.
JKMftu 1. *\ 71 7HEREAS it has been reprefented by feveral perfons concerned in planting
V V and making indigo, that many pernicious effects arife from the number of
flies which are engendered by leaving the weed, after having been fteeped, to rot
above ground ; Be it further enattedt That immediately from and after the paffing
JUDICIARY SYSTEM. 271
of this aft, all perfons who may be concerned in the planting and making of indigo, maigoweedto
fhall after the weed has been fteeped and taken out of any vat or vats, caufe the fame ^Spf*
to be buried at leaft two inches under the furface of the earth, or othenvife effectually ta^Scepw?*"
deftroyed within forty-eight hours after fuch weed (hall be taken out of any vat or
vats as aforefaid.
2. And be it further enabled by the authority aforefaid, That if any perfon or per- under a pen*
fons planting or making indigo, fhall neglect to caufe the weed, after being fteeped, to [J££*
be buried or.otherwife effectually deftroyed, within forty-eight hours after the fame has
been taken out of any vat or vats as aforefaid, fuch perfon or perfons fo offending
lhall forfeit and pay for every fuch offence, the fum of five pounds fterling, to be
recovered as directed by an a6l entitled " An act for the more eafy and fpeedy recov-
ery of fmall debts, and damages ;•" and fuch acts of affembly and parts of acts of af-
fembly as have been made to explain and enlarge fuch aft.
3. And be it farther enabled, That one half of fuch forfeiture fhall be paid to the wformcr.tne
perfon or perfons who fhall fueforthe fame, and the remaining half to the poor of poor.
the parifh where any fuch offence fhall be committed.
4. And be it further enabled by the authority aforefaid, That this act fhall be and con- continuation
tinue in force for two years from the paffirig thereof, and from thence to the end of the0 1 1$a '
then next feffion of the General Affembly and no longer.
WILLIAM YOUNG, Speaker.
JAMES HABERSHAM, PrefidenL
JAMES WRIGHT.
March 12, 1774.
JUDICIARY SYSTEM.
An abl to revife and amend the judiciary fyflem of this fate.
i.T3 E IT ENACTED by the Senate and Houfe of Reprefentatives of the Jiate ofThniw&t
JL3 Georgia in General Affembly met, and by the authority of the fame, That there "urt..5
fhall be three judges of the fuperior courts in this ftate, which judges fhall, before
they enter on the duties of their office, take the following oath or affirmation, either
before the governor or commiffioners by him appointed for that purpofe, to wit : " I Their oatb.
do folemnly fwearor affirm, that I will adminifter juftice without refpect to perfons,
and do equal right to the poor and to the rich; and that I will faithfully and impar-
tially difcharge and perform all the duties incumbent on me, as a judge of the fupe-
rior courts of this ftate, according to the beft of my abilities and underftanding,
and agreeable to the laws and constitution of this ftate, and the conftitution of the
United States. So help me God."
2. And be it further enabled, That the ftate fhall be divided into three circuits, in the elision of the
• st '-itc into tJhrc§
following manner, to wit: The counties of Camden, Glynn, M'Intofh, Liberty, uistrias.
Bryan, Chatham, Effingham and Bullock, fhall form the eaftern circuit: the counties
of Scriven, Burke, Montgomery, Wafhington, Warren, Richmond, Columbia and
Jeffevfon, fhall form the middle circuit; and the counties of Greene, Jackfon, Frank-
lin, Hancock, Oglethorpe, Elbert, Wilkes and Lincoln, fhall form the wefterrj
circuit.
272 JUDICIARY SYSTEM.
Thejudpto 3. And be it further enabled, That the faid judges {half prefide in' each circuit alter-
nately ; fo that no two terms be held by the fame judge in the fame circuit fucceffively.
hddr[wiccb! 4' ^n'd be it- further enabled, That the judges of the fuperior courts, or one of
coSnty.eaQh tnem ma^ no^ the faid courts in each county twice in every year, at the refpective
times, and in manner following, to wit:
IN THE EASTERN CIRCUIT.
Timeiforbow- On the firft days of March and September in each year, in the county of Glynn;
thlelstenrdr- on the feventh days of March and September, in Camden; on the fourteenth days
of March and September, in M'Intofh; on the twenty-firft of March and Septem-
ber, in Liberty; on the thirtieth of March and September, in Bryan; on the fourth
•of April and October, in Chatham ; on the ninth of May and twenty -fourth of Oc-
tober, in Effingham; on the fixteenth of May and thirty-firft of Oclober, in Bullock.
IN THE MIDDLE CIRCUIT.
m the middle. On the firft day of March and September, in the county of Burke; on the four-
teenth of March and September, in Scriven; on the twenty-fecond of March and
September, in Montgomery ; on the twenty-eighth of March and September, in
Wafhington ; on the eleventh of April and October, in Jefrerfon; on the fixteenth
of May and feventeenth of Oclober, in Warren; on the twenty-third of May and
November, in Richmond: on the fifteenth of June and twelfth of December, in
Columbia.
IN THE WESTERN CIRCUIT.
AMmthe On the firft of March and September, in Hancock; on the fourteenth of March
and September, in Greene; on the twenty-eighth of March and .September* in Ogle-
thorpe; on the fourth of April and October, in Jackfon; on the eleventh of April
and Oclober, in Franklin; on the eighteenth of April and October, in Elbert; on
the twentieth of May and November, in Wilkes; on the firft of June and Decem-
proviso. ber, in Lincoln. Provided, That in cafe any of the aforefaid court-days fhall hap-
pen on Sunday, then and in that cafe, fuch court fhall commence on the next day
thereafter.
^ey5,inda'o0Hci- 5- ^nd be it further enabled, That the judges, attorney general and folicitors, fhall
meefannenaiii0y meet annually at Louifville on the tenth day of July,* for the purpofe of forming
on'the'tenth of rules for the government of the fuperior court, determining on fuch points of law
juiy.&c. as may ke referve(j for argument, and may require an uniform decifion, and for gi-
ving their opinions on fuch conftitutional and legal points as may be referred for their
provwe. confederation by the executive department: Provided always, That nothing ^herein
contained fhall extend to or be conftrued to authorize the judges to enter upon any
proceeding which may affeel any caufe in its progrefs to final decifion, agreeably to
the conftitution, in the county wherein the defendant or defendants refide; nor fhall
any order or decifion of the faid judges be promulgated, or tend to preclude the ad-
miffion of any new evidence which may arife in the progrefs of any caufe, prior to
the final decifion and entering up judgment thereon, in fuch county; and that it fhall
be the duty of the judge or judges prefiding in the refpective circuits, to make a re-
judgestore- port of the trial of every criminal cafe of a capital nature, which fhall be publifhed
port all crimi- ' J .... . r r 1 • 1 n 11 1 i 1
beforcetsi1temd m one °* tne Pu°lic gazettes, within nxty days after fuch trial fhall have taken place.
Superior0* ^. And be it further enabled, That the faid fuperior courts fhall have full power and
authority to hear and determine, by. a jury of twelve men, all pleas, civil and cri-
minal, and all caufes of what nature or kind foever, according to the ufages and cuf-
* Altered by ad of 1799, to the fecond Monday in January.
c-ourts.
JUDICIARY SYSTEM. 273
Corns of courts 0? law and equity; (except fuch as are hereby referred to inferior ju-
rifdi6tion) -on the days and times before mentioned. And that it fhall and may be
lawful for the laid judge or judges to proceed with a jury, on petition and procefs
directed to the faid judges in all difputes of a civil nature, cognizable by original ju-
rifcIiciioQ in the faid court, for any debt or damages or any fum of money above thir-
ty dollars ; and if any cafe or matter in difpute requires equitable interpofition, and E^tiuepow-
a common law remedy is not adequate, the judge prefiding fhall exercife all the pow-
ers of a court of equity, competent to compel the parties, plaintiff and defendant in a
caufe, to difcover on oath all requifite points neceffary to the inveftigation of truth
and juftice ; which proofs when obtained, fhall be fubmitted to a fpecial jury, whofe
verditt fhall be final, and execution thereupon may beiffued.
7. And be it further enabled. That the faid fuperior courts fhall have power to iffue May issue ai!
t J * 1 1 necessary
writs of fcire facias, mandamus, habeas corpus, and all other writs which may bewr;ts-
neceffary for the exercife of their jurifdiclion, and agreeable to the principles and
ufages of law and equity.
8. And be it further enabled. That the fuperior courts mail, in all cafes reflecting Bins way b«
<j * 1 ■* 1. o sustained in
the difcovering the tranfaQions between co-partners and co-executors, compelling -certain cases.
diftribution of inteftate eftates, or payment of legacies, be competent to fuftain a
fuit by bill and proceedings therein, until the fetting down of the caufe for hearing;
fuch fuperior court fhall then fubmit the merits of the fuit with the evidence thereon, proceedings
which in all cafes fhall be given viva voce in court, (or otherwife within the rules of
the common law) and all matters refpefting the fame, to a fpecial jury, who fhall
give their verdict on the fame; but if either party fhall be diffatisfied with fuch verdict,
an appeal may be entered in the clerk's office within ten days after trial, when a hear-
ing of fuch caufe mail again be had before another, fpecial jury, and fuch trial fhall
be final and conclufive. !;i '
9. And be it further enabled. That in cafe of unavoidable accident, if the faid courts, cierks m«y ad-
Y J ? ' ' journ tke courts
er any of them, fhall fail to be held at the times refpe&ively appointed for holding .g^^.
the famey the proceedings fhall not be discontinued; but the clerk of the faid courts ^?auK .
f effectively ; fhall and may adjourn the faid fuperior courts from day to day, not ex-ofthejudge'
ceeding four days, until the faid court fhall meet!; and in cafe the faid courts fhall not
meet and fit in that time, the faid -: clerk of the court as aforefaid, fhall adjourn the
fame to the next term of the faid court, to which time all caufes then depending fhall
be continued oven < And for -die more fpeedy determination and orderly conducting
of all caufes in the faid fuperior courts, • !j , ;
10. Be it enabled) That the judges, t with the attorney and folicitofs general, or a j^gesahdat*
,. . nnri torney general^
majority of them, inaJl frame and agree upon a feL of rules of proceedings and prac-^-n^1s,sa^kc
tice for all parties, practitioners and others, in the faid courts, which fhall be the famerules,&c-
in all the counties, and which fhall in no cafe be altered, but at a meeting of the faid
judges, attorney and folicitors general, as aforefaid; : And the faid judges fhall baveThecouns
power to adminifter all neceffary oaths or affirmations,, and to.punifh by ufual fine tSe"ll»«"
A • ■ r 1 t r ■ ry oaths an
and impnionment, at the dilcretion of the judge or judges prefiding, all contempts gs£..con'
of authority in any caufe or hearing' before the faid court.
PROCESS.
11. And be it further enacted, That the mode of proceeding in all civil caufes in „ „. ,'
»1 r ' ■ n u 1 1 • • ■■ • 1 ■ r> c 1 ° , , , . . „ Proceeding! iii
the fuperior courts fhall be by petition with procefs annexed; which petition fhalUivilc?£.estob5
• 1 i • • cr 1 • . y petition ana
contain the plaintiff's charge, complaint, allegation or demand, plainly, fully and di-procesS-
rectly fet forth, and be figned by the party and his attorney 5 and all petitions, writs
Mm
the
attendance
inii-
ecessa-
atlis and
274 JUDICIARY SYSTEM.
and proceffes of whatfoever nature or kind they may be, ifluing out of the faid courts,
fhall be drawn, (if required) ifTued and figned by the clerk of each court refpe6tively,
bythecilri and bear tell in the name of one of the judges of the faid courts, and directed to the
btiiv test in tli— *
r.ameofoneof Iheriflf of the county, returnable to the next fucceeding term, and be executed by
ferving a copy of the fame on the defendant or defendants, or leaving fuch copy at
his or their ufual and notorious place of abode, at lealt twenty days before the firfiday
of the meeting of the court; but that no fpecial plea, demurrer, or rejoinder fhall be ad-
demurrer, &c mitted or allowed of in either of the faid courts • and if either of the parties are not
ted. prepared to proceed to trial, the court mail, upon fufficient caufe being ihewn on oath,
Defeainform grant a continuance thereon until the next term; and no writ, petition, return, pro-
eua4'mXld"cefs5 judgment or other proceeding in civil caufes (hall be abated, arretted, quafhed
or reverfed for any defect or want of form, or for any clerical miftake or omiflion, not
affecling the real merits of the caufe ; but the judge prefiding fhall caufe the fame to
be amended on motion in court, without any additional colts, and proceed to give
judgment according to the right of the caufe and matter in Jaw, as fhall appear unto
faid judge, without regarding any imperfections, defeats, want of form, clerical miltake
or omiflion in fuch writ, return, procefs, petition, judgment, or caufe of proceeding
ousestobe whatl'oever ; ;and all caufes in the faid courts mall be managed by counfel or thepar-
Sunreforthe ty or parties themfelves, under fuch order as the courts fhall eflablifh.
&esfnotes, 12. And 'be it further enacted, That no per fon fhall be permitted by the court to
cdoniyen6 deny his bond, note,, or. bill for money or other thing, unlefs he fhall make affida-
vit of the truth .of fuch denial., i ! • .' i ;
^tinuedmore 13* And, be 'it further 'enacted. That no caufe inflituted as aforefaid, be fufFered to
tcTms.hrte lay over or be depending more than two terms, unlefs very fpecial caufe; ;be fhewn
by affidavit of the party applying to put off the caufe,, to induce the judge prefiding to
lengthen or protract the time, which fhall not in all extend to more than three terms.
• rrt 'EXECUTORS AWD ADMINISTRATORS,
fxecutfiTsami' 14. And be it further enatltd, That no fuifc fhall be inflituted. or execution iffue
IxemptfroS againlt an executorfor adminiftratorifor any debtor dem&nd, due or owing by any
wontiIse.ve teftator or inteftate^until the expiration of twelve months from and after the death of
fuch teftator or ihteftate; and all fuits depending in any .court, within this ftate at the
time of his or her ddath, mail remain undetermined; until the time limited as aforefaid
suksnottoa- fhall expire ; and to prevent delays rtopr/ocefs fhall abate by reafon of the death of a
pfujeyPartfes, teflator or inte'ftatej ibut sfoich;. death bein-gTuggeftedfiofirecord, the fuit fhall not bq
actionsurvives difcontinued, provided the caufe of aftion mail , furvive, either for or againft fuch
executor or adminifl;rator,!iasrtka cafe rriayi happen. . ,
DISTRESS FOjR. RENT.
Distress /or rent 15. And be it further .enaBed , Thait in all cfaies.i where diflrefs for rent fhall take
on oa\hp.ev'' place, no replevin fhallbe granted unlefs oath be rnadb by the perfon or j^Honjs ap-
plying for the fame, that he, fhe or they, are not indebted to the perfon fo making
diflrefs in the fum -diflrained for -...Provided, That nothing herein contained fhall de-
bar the perfon or perfons fo applying for a writ of replevin to bring fuit again the
perfon levying the diflrefs, in any. court of this: flate, for. or on account of illegality
therein. .:
,rj \v i\ BAIL. ■ / \ ■
16. And be it further enaBed, That in all cafes where bail fhall be required the
amount of the debt' or damages fhall appear by the oath of the plaintiff or plaintiffs,
or his or their agent or agents, before any judge or juflice of the peace, which fhall be
filed of record in the clerk's office, and a copy thereof fixed to the copy or copies of
?'.■ '
JUDICIART SYSTEM. 275
theprocefs ; and thereupon the fheriff fhall take a bail bond, with fufficient fecurky,
for the appearance of the defendant or defendants, at the court to which fuch writ or
procefs may be returnable; and if the defendant or defendants fliall not appear
agreeably to the tenor of the faid bond, or to enter fpecial bail to anfwer the aclion,
and to pay the condemnation money thereof, or render the defendant into court, it
mail be the duty of the fheriff, on application therefor, to endorfe or make an af*
fignment of the bail bond to the plaintiff or plantifl's, who may recover the amount
due and owing by the defendant, with legal intereft, by aclion of debt founded on the
fame, againft the principal and bail : Provided, That any perfon or perfons becom-
ing bail for any defendant's appearance at court, (hall be exonerated from fuch en<=
gagement, -by furrender of fuch defendant in court, or in cafe there mould be no court,
by delivering him to the (heriff, at any time during the time allowed for holding fuch
court : And provided, That the faid bail on paying colls, fhall be at liberty to enter Mijenttt »ee.
fpecial bail at any time before trial ; but no emparlance, advantage or delay fhall be"me0onpay-y
had or taken thereupon ; but the proceedings thereon fhall be made up immediately, mei1 * C0*U)
and come on in the fame courfe and order as fuch original aclion flood on the docket
of the court ; and the proceedings againft fpecial bail fliali be in the form now ufedin
the courfe and praclice, of the faid courts refpeclively.
MORTGAGES.
17. And be it further enacted by the authority ajorefaid, That the method of fore- r<,rcclosure of
doling mortgages in this flate fhall be as follows : Any perfon applying and entitled mortsases*
to foreclofe a mortgage, or his or their attorney, fliall petition the fuperior court of
the county wherein fuch mortgaged property may be, ftating the caufe and the amount
of his, her, or their demand, and defcribing fuch mortgaged property ; and the court
fliall grant a rule that the principal, interelt and cofts be paid into court within twelve-
months thereafter ; which rule fhall be publifhed in one of the public gazettes of this
ftate, or ferved on the mortgager or his attorney, at lead nine months previous to
the time when the money may be directed to be paid ; and unlefs the principal, inter-
eft and cofts be fo paid, the equity of redemption (hall be from thence foreclofed 5
In cafe of any difpute as to the amount due on any mortgage, the court fliall on ap-
plication, appoint one or more fit perfons to audit and liquidate the fame with liberty
of an appeal thereon, or the faid court may fubmit any other matter refpeQing the
fame to a fpecial jury, which fhall be taken from the grand inqueft as in other appeals,
whofe decifions lliall be final.
18. And be it further enacted, That in all cafes of foreclofure of mortgages (ex- f^^^exL
cept where the ftate may be a party) the plaintiff fliall be compelled to take outexecu- SwS'lSSK
tion againft fuch property, and the fheriff fhall feize and fell fuch property at public ii,a?any-
outcry, with like notice, and under the fame rules as are prefcribed for the fale of fuch
property by virtue of a common execution, and after paying the plaintiff the amount
of his debt and cofts, fliall pay over the overplus (if any there be) to the defendant,
or if the defendant be not in the ftate, fliall pay fuch overplus to the clerk of the
court, to be kept and fecured for fuch defendant.
ATTACHMENTS.
19. And be it further enacted, That it fliall and may be lawful for the judges, ©^Attachment*,
either of them, upon complaint on oath by any perfon, that his debtor relides, or is edandiwvcd!"
actually removing without the limits of this ftate, or abfeonds and conceals himfelf,
or ftands in defiance of a peace officer, fo that the ordinary procefs of law cannot be
ferved upon him, to grant an attachment againft the eftate of fuch debtor, or fo much
thereof as fhall be of fufficient value to fatisfy the plaintiff's demand and cofts; which
1
s76 JUDICIARY SYSTEM.
attachment fhall be directed to and ferved by the fheriffof the county where the property-
may be found, or his deputy, or any conftable of fuch fheriff or deputy, or any conftable,
to ferve and levy the fame upon the eftate, both real and peribnal, of fuch debtor,
wherever the fame fhall be found, either in the hands of any perfon or perfons in-
debted to or having effects of fuch debtor, and to fummon fuch perfon or perfons
to appear at the next court to be held for the faid county, and to which the faid at-
tachment may be returnable, there to anfwer upon oath what he is indebted to, or
what effects of fuch party he hath in his hands, or had at the time of ferving fuch at-
tachment, which being returned executed, the court may by order compel fuch per-
erovfc9. fon to appear and anfwer as aforefaid: Provided, That the (aid judges, before grant-
ing fuch attachment, fhall take bond and fecurity of the party for whom the fame
-may be granted, in double the fum to be attached, payable to the defendant, for fa-
lisfying and paying all cods which may be incurred by the defendant, in cafe the
plaintiff fuing out fuch attachment fhall difcontinue or be caft in his fuit, and alfo all
damages which may be recovered againft the faid plaintiff for fuing out the fame ;
which bond fhall be returned to the court to which the attachment may be made re-
turnable, on or before the laft day of the term; and the party entitled to fuch cofts
any damages may bring fuit, and recover thereon; and every attachment iffued with-
out fuch bond taken, or where no bond fhall be returned as aforefaid, is hereby de-
trevis*. clared to be illegal, and fhall be difmiffed with cofts: Provided always, That every at-
tachment which may be iffued as aforefaid, mail be attefted by the judge iffuing the
fame, and be by the fheriff, or perfon authorized to ferve the fame, publicly adver-
tifed at the court-houfe of the faid county, at lead thirty days before the fitting of the
court; and if any attachment fhall be iffued within thirty days of the next court, fuch
attachment fhall be made returnable to the court to be held next after the expiration
of the faid thirty days, and not otherwife; and all attachments iffued and returned in
any other manner than is herein before directed, fhall be, and the fame are declared
»ropertyat- to De nu^ and void; and all goods, chattels, lands and tenements, fubjett to fuch
KpieviXy be attachments, fhall be repleviable by appearance and putting in fpecial bail, or by the
defendant's giving bond, with good and fufficient fecurity, to the fheriff or other of-
ficer ferving the fame, which bond he is hereby empowered and required to take,
compelling the defendants to appear at the court to which fuch attachment fhall be
returnable, and to abide by and perform the order and judgment of fuch court :
imotrepievi- Provided always, That all eoods and effects attached and not replevied as aforefaid,
perishable na- where the fame fhall appear to be of a perifhable nature, on motion of the plaintiff
hire it may be rl r . , . r
«ourty onierofor his attorney, the court may, ana is hereby autnonzed and required to order a
fale of fuch perifhable property, and the monies ariiing from fuch faies fhall be de-
pofited in the clerk's office by the fheriff or other officer felling the fame, to anfwer
the demands of the plaintiff, if eftablifhed, and the balance, if any, after fatisfying
fuch demand and all cofts, mall, by order of the faid court, be returned to the de-
fendant or his attorney.
subsequent 20. And be it further enacted, That if any attachment fhali be returned executed, and
th«reoB. " the property attached mall not. be replevied as aforefaid, the iubfequent proceedings
thereon mail be the fame as on original procefs againft the bod)' of the defendant, where
there is a default of appearance; and all fuch goods and chattels, lands and tene-
ments, not replevied, fhall, after 'die plaintiff has eftablifhed his demand, be by or-
der of the court fold and difpofed of, for and towards the fatisfafction of the plain-
tiff's judgment, in like manner as if the fame had been taken under execution; and
when any attachment fhall be returned ferved in the hands of a third perfon? it fhall
JUDICIARY SYSTEM. 277
be lawful, upon his appearance and examination in the manner herein before directed,
to enter up judgment as sgainft the original debtor, and award execution againlt
fuch third perfon for the monies due by him to the abfent debtor, and againlt fuch
effects or property as may be in his hands or keeping, belonging to fuch debtor, or
fo much thereof as will be of value fufficient to fatisfy the judgment thereon and
colts.
EVIDENCE AND SETTS-OFF.
21. And be it further enacled, That where any witnefs refides out of the date, orr ..
J ? .'''.''. n r Evidences may
out of any county wherein his teftimony is required in any caufe, it mall be lawful fe"kteano"iu!
for either party, plaintiff or defendant, or his attorney, on ten days' notice given to tcuc't;Uuiies'
the adverfe party, or his attorney, accompanied with a copy of the interrogatories
intended to be exhibited, to obtain a commiffion from the cierk of the faid court, di- ..
retted to certain commiffioners, to examine all and every fuch witnefs or witneffes
on fuch interrogatories as the parties may exhibit; and fuch examination fhall be read
at the trial of the caufe, if either party fhall think proper.
22. And be it further enacled, That the faid courts (hall have power on the trial ofThecourtm*y
all caufes, on motion and due notice thereof given, to require the parties to produce £Irer»bto° he
books or writings in their poffeffion or power, which contain evidence pertinent to trial.-1"
the cafe in question, and under circumftances where they might be compelled to pro-
duce the fame by ordinary rules of proceedings in equity; and if a plaintiff fhall fail
to comply with fuch order to produce fuch books or writings, it fhall be lawful for the
faid courts, on motion, to give like judgment for the defendant as in cafes of non-
fuit; and if the defendant fhall fail to comply with fuch order to produce books or
writings, it mall be lawful for the faid courts, on motion, as aforefaid, to give judg-
ment against him or her by default.
23. And be it further enacted, That the faid fuperior courts fhall have power to Mayrerpetliatc
perpetuate teftimony, on the ufual terms, praCtifed in courts of equity; and alfo to eX'Slo*"'1
eftablifh copies of loft papers, deeds and other writings, under fuch rules and precau- rapeia-
tions as are and have been cuftomary and according to juftice.
24. And be it further enacled by the authority aforefaid, That in cafe of mutual ^t^J^
debts and fetts-off, where the jury fhall find a balance for the defendant, fuch defend-
ant fhall be at liberty to enter up judgment and take out execution thereupon: Pro-
vided, notice of fuch fetts-off be ferved on the plaintiff or his attorney on or before
the laft day of the first term.
25. And be it further enacled, That the faid courts mall be courts of record, and c0°rart'of rc"
witneffes neceffarily going to, returning from, and attending on the fame, fhall be free witnesses* frei
from all arrefts by any civil action. froman"t-
SPECIALTIES.
26. And be it further enacled, That all bonds and other fpcciahies, and all promif- Aiibonj.-.notes
Vc sines the
fory notes and other liquidated demands, bearing date at any time fince thec$inth ninth of june,
day of Tune, one thoufand feven hundred and ninety-one, whether for money or q^i dignity &
.*.*'. 1 A" ' ' ■ negotiable.
specific articles, fhall be of equal dignity, and be thereafter negotiable by endorfc-
ment, and may be hied by the endorfee or affignce, in his, her or their name, any
law to the contrary notwithstanding: Provided, That nothing herein contained fhall
prevent the party giving any bond, note or other writing-, from restraining, the nesto- Proviso.
* . . ' . . u Q ° Jury lists to be
liability thereof, by expreffing; in the body thereof fuch intention. made put;
JURIES. «• l[X:^rc
27. And be it further enacted, That die clerks of the fuperior courts of the refpec- ^"tHun.
live counties fhall procure from the tax collector of fuch county, and furni/h to the *"<
ge, but not
eing
swum.
278
JUDICIARY SYSTEM.
court (within two months) a lift of perfons liable and qualified to ferve as grand and
petit jurors, agreeable to the qualifications herein after prefcribed; and all free white
male citizens above the age of twenty-one years and under fixty years, are declared
to be qualified and liable to ferve as petit jurors for the trial of all'civil caufes, for
recovery of debts or damages to any amount whatever; but no perfon (hall be ca-
pable to be of a jury for the trial of treafon, felony, breach of the peace, .or any-
other caufe of a criminal nature, or of any eftate of freehold, or of the right or title
to any lands or tenements, in any court of record within this Hate, who fhall not be
qualified to vote at elections for members of the legillature; and if any perfon not
qualified as aforefaid, fhall be returned on any jury, he fhall be difcharged on the
challenge and proof thereof, of either of the parties to fuch fuit, or on his own oath
of the truth thereof: Provided, That no exception againft any juror, on account of
his qualification, fhall be allowed after he is fworn.
.~nycorb-e 2.8- And be it further enacted, That the clerks of the feveral courts are required in
c"^suhnyde?u,e Prefence and under the direction of the judge or judges of fuch court, to regulate and
itlSmdpma corre^ tne feveral jury lifts annually, by particularly fpecifying, in diftinft: columns the
lilted!0 ese" perfons molt able, difcreet and qualified as herein mentioned, to ferve as grand jurors ;
which lift, fo corrected, fhall be committed to the fafe keeping of the clerks of fuch
courts refpeclively ; and the clerks of fuch courts fhall immediately after receiving
fuch lift fairly enter the fame in a book for that purpofe to be provided by fuch clerk,
(at his own expence) diftinguifhing in feparate columns the perfons {elected to ferve as
grand jurors, and thofe for the trial of civil and criminal Caufes as aforefaid; and the
names of the feveral perfons fo felected, fhall be written on feparate pieces of paper,
and put into the different apartments of a jury box, to be provided by the clerk at the
construaion of public expence, in theconftruction and manner herein after prefcribed, to wit : There
which' the fhall be an apartment in the faid jury box, marked number one, in which fhall be pla-
ruir.es of jurors ,Tr J J ' ' r
a.etobekept. ced the names of all the perfons felected as grand jurors, and another apartment
marked number two, in which fhall be put the names of all the perfons felected for
trial of civil and criminal caufes as aforefaid ; which box fhall be kept locked, and no
jury fhall be drawn or empannelled, but in the prefence of one or more of the judges
and the clerk of the court ; nor fhall any clerk of the court or other perfon having
.the cuftody of the jury box, prefume on any pretence whatever; to open the faid
jury box, tranfpofe, or alter the names, except it be in the prefence of the judge or
juftices officially attending for the purpofe of drawing jurors, or correcting the lifts,
under penalty of being dealt with in the manner herein pointed out for mal-practice
in office.
The manner of 2o. And be it further enabled, That the faid judge or juftices and clerk of the court,
drawing juries. *? •« • "■ . J ' Jo J „,
or perfon having the cuftody of the key, fhall previous to the adjournment of any iu -
perior court, or at leaft two months prior to the fitting of the next court, caufe to
be drawn out of the apartment of the faid box marked number one, not lefs than
twenty-three, or more than thirty-fix names as grand jurors; and out of the apart-
ment marked number two, not lefs than forty-eight, or more than feventy-two, names
as petit jurors for the trial of civil and criminal caufes as aforefaid ; which names fo
drawn out fhall after an account is taken of them, at each term or time of drawing,
be carefully rolled up again, and depofited in two other apartments to be provided
in fach jury box, marked number three and four, (to wit) the names of the grand ju-
rors in the divifion number three, and the names of the petit jurors in the divifion
number four; and when all the names fnall be drawn out of the apartments number
One and two as aforefaid; they fhall then commence drawing from the apartments
JUDICIARY SYSTEM. 279
number three and four, and return them into the numbers one and two, and fo on
alternately.
30. And be it further enabled. That no grand jury mall confift oflefs than eighteen ARrandjuryto
or more than twenty -three, but twelve may find a bill, or make a prefentment, and 1"" th'an^gh-
that the names of the feveral jurors to be drawn as aforefaid, mail immediately after thantwSty?
they are drawn out, be entered by the clerk on the minute book of fuch court; and if1"02,
it mall fo happen that- from any unavoidable circumftance the judge {hall not attend
at the time appointed for holding the fuperior court in any county, he fhall neverthelefs
attend in perfon for the purpofe of drawing jurors, or fhall tranfmit to the juftices 1,^0*°/,^'
of the inferior court of fuch county, a requeft in writing, that they or any two of them deJinttei'fc
attend at the clerk's office, on fome convenient day, at leaft two months preceding the judge »-, the «$*
next term, for the purpofe of drawing grand and petit jurors in manner herein before
direfted ;*and the faid judges of the fuperior courts, are declared to be refponfible for
the legal and regular drawing of juries in the refpeclive circuits in which they may
prefide : And in cafe of fuch unavoidable circumftance fpecially ftated by any judge
of the fuperior court, the faid juflices or any two of them fhall, and are hereby re-
quired to conform (o fuch requefts, by attending and drawing juries agreeably to this
acl; : Provided neverthelefs, That where juries have already been drawn in any coun- Pro visa;
ty for the next term under the late judiciary aft, fuch jury fhall fland over and be
confidered as the legal juries under this law.
31. And be it further enabled, That the clerk of the court fhall annex a pannel of precept for.
the jury containing the names of the perfons drawn to ferve on the grand inqueft, ex-nes.
aclly transcribed from the minute book, to the precept for fummoning fuch grand ju-
ry ; and (hall alfo annex another pannel containing the names of the perfons drawn as
petit jurors, for the trial of civil and criminal cafes, exaftly tranfcribed as aforefaid, to
the precept for fummoning the petit jurors, in the mandatory part of which precept
mall be written, the words following, viz. "The feveral perfons named in the pannel Itsf,tI^ .
hereunto annexed;" which precept with their feveral pannels annexed as aforefaid,
mail be delivered by the clerk of the court within three days after the drawing of fuch
juries as aforefaid, to the fheriff of the county or his deputy.
32. And be it further enabled, That the fheriff or his lawful deputy for the time by^STriff
being, upon the receipt of any precept for fummoning grand or petit jurors, fhall ternhdaysPbefore
caufe the feveral perfons whofe names are written in the pannel thereunto annexed,
to be fervcd with a fummons at leaf! ten days before the fitting of the court for which
they are drawn and empannelled, which fummons fhall be in the following words, or
words to that effecl: " By virtue of a precept to me directed, you are hereby com-Formofthe
manded to appear before the judge of the fuperior court, at the next fuperior court, moM.bSUm
to be held at the court-houfe in and for the county of on the —
day of next, at ten o'clock in the forenoon of that day, to be fworn on
the grand jury (or as a juror for the trial of civil and criminal caufes then and there
depending, as the cafe may be.)" Which fhall be figned by the fheriff or his lawful
deputy for the time being; which fheriff or lawful deputy aforefaid, fhall make re-
turn of all fuch precepts, in each of which he fhall fet forth the names of all fuch
perfons as fhall have been fummoned by virtue of fuch writs or precepts, and the time
when they were fummoned, and alfo the names of thofe perfons whom he may not
have fummoned, together with the reafons why they were not fummoned, on pain
of being fined by the court.
33. And be it further enabled, That the clerk of the court fhall make due entry in£l™t^nv
de-
wha.t
the minute book of fuch court, of the appearance of all jurors, and likewife fhall g,aendHiertl
28o JUDICIARY SYSTEM.
enter and make report of the names of all fuch as mail make default in appearing;
that if any perfon who fhall be drawn, empannelled, fummoned and returned to feryc.
as jurors at any court as aforefaid, mall neglecl or refufe to appear, or after appear-
ance mail refufe to ferve, or fliall abfent himfelf without leave of the court, then
and in that cafe, it fhali be lawful for the court to fine fuch perfon, if a petit juror,
a fum not exceeding twenty dollars, and if a grand juror, in a fum not exceeding
forty dollars, unlefs fuch juror mall fhew good and fufhcient canfe of excufe, to be
made on oath before any juftice of the peace, and filed in the clerk's office of fuch
court, within thirty days after opening the laid court, the merits of which excufe fliall
be determined by the next fucceeding court; and when from challenge or otherwife,
there fliall not be a fumcieut number of jurors to determine any civil or criminal
Talesmen. caufe, the court may order the fheriff or his deputy, to fummon by-itanders or others,
qualified as herein before required, for the trial of fuch caufe or caufes, ftffficient to
coronerwhen complete thepannel; and when the fheriff or his deputy are difqualified from acting
'in the manner herein expreffed, jurors fhall be fummoned by the coroner, or fuch
other difinterefted perfon as the court fliall appoint.
perjurors' ^ ^n^ foe ^ furi]ur cnaHed, That the oath to be adminiftered to petit jurors in ci-
vil cafes, fliall be in the form following: c; You, A. B. fhall well and truly try thee aufe
depending between the parties at variance, and a true verdict give according to lav/
and the opinion you entertain of the evidence. So help you God."
SPECIAL JURY.
specbijurors 35. And be it further enacted, That all fpecial jurors fhall betaken from the grand
«duftthePr"ndJury ^ °^ tne county, and flruck in the prefence of the court, in the following man-
*!iruckuwtobe ner : ^ he c^er^- fhall produce a lift of the grand jurors prefentand there empannelled,
from which the party, plaintiff and defendant, or their attorney, fliall flrike out one al-
ternately, until there fliall be but twelve jurors left, who fliall forthwith be empannelled
and fworn as fpecial jurors to try the appeal caufe; and in all cafes the appellant
fliall flrike firft ; and in cafe of refufal in either, to flrike fuch fpecial jurors after due
notice given for fuch fpecial jury to be empannelled, fliall, on behalf of fuch abfent par-
ty or his attorney, proceed in the fame way and manner as if the party abfent or refu-
fing had been prefent or confented to the fame.
36. And be it further enabled, That the oath to be adminiftered to fpecial jurors
fliall be in the words following, to wit : " You fliall well and truly try the caufe now
depending between A. B. appellant, and CD. refpondent, and a true verdict give
according to equity, and the opinion you entertain of the evidence produced to you
to the beft of your fkill and knowledge, without favor or affection to either party.
So help you God."
VERDICTS, JUDGMENTS AND APPEALS.
property bound 37. And be it further enaHed, That the plaintiff or his attorney fliall not be at li-
oahetim vcr-berty to fign judgment within four days after yerdicl, within which time the party
againft whom fuch verditt fliall pafs5 upon giving fecurity may flay the execution fixty
days after the end of the court ; but all the property of the defendant fhall neverthelefs be
bound from the day of obtaining the firft verdift, which fhall bear intereft until paid ;
and in cafe either party fliall be diffatisfied with the verdict of the jury, that then and
in fuch cafe, either party may within four days after the adjournment, of the court (in
all cafes) enter an appeal in the clerk's office, which fhall be admitted and a new trial
granted, and tried the next term by a fpecial jury, Provided the perfon or perfops fo
appealing fliall, previous to obtaining fuch appeal, pay all cofts that may have arifen
on the firft trial, and give fecurity for the eventual condemnation money, or to ren-
JUDICIARY SYSTEM *8i
der the defendant in difchargcj thereof, and that no executor or adminiftrator, as fuel),
fliall be liable to give fuch fecurity; but if, on hearing fucli appeal and new trial, it
flia.ll appear, and the court (hall certify, that the appeal was frivolous or intended
for delay only, then the court mall direct the jury trying the appeal caufe, to affefa
damages to the party aggrieved for fuch delay, not exceeding ten per centum; and
in cafe of a jury committing contempt, or breaking up before giving in their verdicl
in civil cafes, the court may declare the fame to be a mis-trial.
38. And be it further enabled, That no confeffion of judgment fhall hereafter he
entered up, but in the county wherein the defendant or defendants reflde, nor unlefs
the caufe hath been regularly fued out and docketed in the ufual way, as in other
cafes, nor until fuch caufe be called in order by the court for trial.
39. And be it further enabled, That no verdicl. fhall be received on any unliquida-
ted demand, where the jury have increafed their verdicl on account of intereft, nor
mail intereft be given on any open account in nature of damages.
ARBITRATION.
40. And be it further enabled, That in all matters flibmittcd to reference by parties Arbitration
in fait, under a rule of court, or other agreement in writing, figned by the parties,
judgment fhall be entered up by the party in whole favor the award is given, and ex-
ecution fhall iffue for the fums awarded, to be paid as they refpeBively become due,
and be levied on the property of the party againft whom the judgment fhall have
been entered up, and fuch other proceedings mall be had thereon by the court, as in
cafes of judgments entered up on verdiBs of juries: Provided, That no judgment
mall be entered up on an award, where it fnall appear any other caufe or caufes
ftand on the docket of the court againft the defendant or defendants undetermined*,
before the caufe in which a rule or other agreement in writing for arbitration is enter-
ed into.
EXECUTION.
41. And be it further enabled, That all executions fhall be direBed to all and fin- Executions &
rt \ J 7 . , what manner
gular the fheriffs of the ftate, be figned by the clerks, and bear teft in the name of toissuc-
one or more of the judges of the court; and may be levied on the eftate, both real
and perfonal, of the defendant, or iffue againft the party caft, in any county of this
ftate.
42. And be it further enabled, That no injunBion on any judgment obtained in£°ben£r"^K
the fuperior courts fhall be iffued or allowed of; but in all cafes where execution fhall
iffue illegally on matters which fhall have arifen fubfequent to judgment, or the fhe- ciaS/oYp".-
o v ^ 1 JO7 perty Ievicilow
riff fhall execute property claimed by any perfon other than him againft whom fuch how to i>e trie*!
execution iffued, in which latter cafe it fhall appear by the oath of the perfon fo claim-
ing, or by the oath of his attorney, it fhall be the duty of the fheriff topoftpone the
fale or further execution of the judgment, until the next adjourned court or term of
the fuperior court, whichever may firft happen; and fuch court fhall itfelf determine
on the legality of the execution, and fhall caufe the right of property to be decided
on by a jury at fuch court (if in term time,) or at the next court thereafter, if fuch
report be made at an adjourned court : Provided, the perfon claiming fuch property, Prov!rfi
or his attorney, fhall give bond to the fheriff, with fecurity, in a fum equal to the
amount of the execution, conditioned to pay to the plaintiff all damages which the
jury, on the trial of the right of property, may affefs againft him, in cafe it mould
appear that fuch claim was made for the purpofe of delay; and every juror on the J^n"^***
trial of fuch claim fhall be fworn, in addition to the oath ufually adminiftered, (to &™%'tar*
N a tieUy'
JUDICIARY SYSTEM.
give fitch damage as may feern reafonable and juft to the plaintiff againft the claimant
in cafe it fhall be fufficiently fhewn that fuch claim was intended for delay only ;) and
it mall be lawful for fuch jury to give verdict in manner aforefaid, by virtue whereof
Thehurtben of execution may iffue againfl fuch claimant : And provided alfo, That the burthen of
the plaintiff in the proof fliall lay with the plaintiff in the execution.
sheriffs0saics to 43. And be it further enatled, That no fales in future fliall be made by fheriffs of
ieon the first 1 3 • 1 1 r n m r ^\ • 1 11
Tuesdayineachprbperty taken under execution, but on the nrtt 1 ueiday in every month, and be-
th-.rty day/ pr.-tween the hours of ten and three o'clock of the day; and it fliall be the duty of the
fheriffs to give thirty days' notice in one of the public gazettes of this flate, of all fales
of lands and other property executed by him, and alio advertife the fame in three of the
mod public places in the county where fuch fales are to be made; and fhall give a
full and complete description of the property to be fold, making known the name
of the defendant, and the perfon who may be in poffeflibn of the property (ex-
.cept horfes, hogs and cattle,) which may be fold at any time by the confent of
the defendant; and in which cafe it fliall be his duty to give the plaintiff ten days' no-
tice thereof, and alfo advertife the fame in three or more of the mott public places in
the county where fuch property may be, at leaft ten days before the fale,
OFFICE OF ATTORNEY GENERAL.
*9attor"eyduty 44* ^nc^ ^e it further enacted, That the office of attorney general fhall be, and is
fn?hieepcrt.cd hereby declared to be veiled in, and the duties thereof fliall be performed by three
wch dfcit! perfons to be Ayled the attorney and folicitors general : one to attend theeaftern, one
the middle, and the other the weflern circuit, who fliall execute their office jointly or
feverally, and fhall be fworn to the faithful execution of the duties thereof; and ihe
laid attorney and folicitors general fhall, previous to their entering into the duties
of their refpeclive appointments, feverally give bond to his excellency the governor
and his fucceffors in office, with two good and fufficient fecurities, which fliall be ap-
proved of by his excellency the governor, or one of the judges of the fuperior court,
in the fum of five thoufand dollars, conditioned for the true and faithful performance
of the duties of their refpeftive appointments; which bonds fhall be taken by his ex-
cellency the governor, or either of the judges of the fuperior courts, and fhall be de-
poflted in the lecretary of ftates office; and it fliall be their duty to profecute all de-
linquents for crimes and other offences cognizable by the laid court, and all civil ac-
tions in which this flate fhall be concerned, and to give advice or opinion in writing to
his excellency the governor, in queftions of law in which the flate may be interefled.
,nf ^esdidto? 45- And whereas, it may happen that neither the attorney general or either of the foli-
or attorney cJtors Ci;n attend at fomc of the laid courts : Beit therefore enacted, That in fuch cafe the
general) tne J J
" '"'r't so^eo-' judge pending may, and he is hereby authorized and required to appoint fome attor-
therattomey. ne^ at jaw^ or other fit and proper perfon, to prepare and profecute endictments and other
bufmefs of the flate; and fuch perfon fo appointed, fhall be entitled to the fame fees
and emoluments therein as the attorney or folicitors general would be entitled to, and
the attorney and folicitors general fhall be allowed a falary of one hundred and fifty
dollars each per annum.
CLERKS OF THE SUPERIOR COURTS.
cierksofthe 46. And he it further enaHed, That the clerks of the faid fuperior courts fliall, be-
su.ienor courts. ^ore ^^ enter upon the duties of their office, take the following oath or affirmation
Theiroath. before one of the judges of the faid court or juflices of the inferior court, to wit, " I
' do folemnly fwear (or affirm) that I will truly and faithfully enter and record all the
orders and decrees, judgments, and proceedings of the fuperior court for the county
of and all other matters and things, which may be brought to me, as by law
JUDICIARY SYSTEM. *83
ought to be recorded, and that I will faithfully and impartially difcharge and perform
all'the duties of my faid office, according to the beft of my abilities and underftanding.
So help me God." And that the clerks of the faid fuperior courts, fhali keep a vcgu-The,r dutf-
lar and. fair minutes and dockets of ail court bufmefs which fhall be figned by the pre-
fixing judge or judges on the bench, as far as the fame may be gone through prior to
the adjournment from day to day, and (hall give bond, with two fecurities, to the shaiigiveboni
governor or commander in chief, and his fucceffors in office, in three thoufand dol-
lars, for his goodconduQ: while in office, which bond fhall he depofited in the public
treafury ; and that the clerks of the fuperior and inferior courts, throughout this itate Arejusticescf
be, and they are hereby declared to be juflices of the peace, ex-officio, 10 far as toSjfeea:"
authorize them to adminifler all oaths which relate to bufmefs appertaining to their
aid offices.
47. And be it further enabled, That if any clerk fhall be ruilty of extortion Or, And'pimisi,abi«
other mal-pracuce in the execution or his office, upon complaint made on oath to tuc^o^ce.
attorney or folicitors general, it (hall be the duty of i'uch attorney or folicitors gene-
ral to exhibit a bill of endictmentagainft theperfon h offending; who upon convic-
tion thereof, fhall be fined or removed from office and fuffer fuch other punifhment as
the law directs.
48. And be it further entitled, That no clerk of a court or other perfon employed cierk* siuii ™t
in his office fhall a£t as an attorney in his own name or the name of any other per- ^ asattormcb
fon, or be allowed to plead or practife in any of the courts of this ftate, during the
time he is in fuch office.
49. And be it further enabled, That the fum of two dollars* 'fhall be paid on all sutereco*
fuits commenced in the fuperior courts when the debtor damages fued for exceed the""
fum of five hundred dollars, and the fum of one dollar and fifty cents, when the fum
fued for does not exceed that amount, to be paid to the clerk by the plaintiff before
the fuit or procefs iffues, for the ufe of the ftate, which fums fhall be charged in the
bill of cofts ; and the clerks of the refpeclive courts of all the counties in this ftate, are
hereby required to make annual returns to the treafury on oath, on or before the firft
day of January in every year, of the number of fuits commenced, and the fums re-
ceived thereon, and fhall at the fame time remit to the treafurer the amount of fuch
return, deducting three per centum ; and any clerk failing to make fuch returns and
to pay or remit the monies as aforefaid, fhall on complaint made by the treafurer to
the judge or juflices of their refpeclive courts, be liable to a writ of attachment for
contempt, and fined at the difcretion of the court ; and continuing in default may be
difmiffed from office, and fuffer execution from the treafurer in like manner as tax
collectors ; and the faid clerks of the feveral courts (hall be entitled to fifty cents for
each execution by themiffued.
50. And be it further enacted, That any attorney, or attornies, who fhall com- 1„ v*at ««»
mence an afclion or actions in any of the courts of this ftate, for any perfon or perfons "P°ay i&*>
whatever refiding out of the county wherein fuch fuit may be commenced, fhall be
confidered liable; and fuch attorney or, attornies, are hereby made liable to pay to the
clerk, fheriff and defendant's attorney their re fpeclive fees.
SHERIFFS.
51. And be it further enabled, That the fheriffs of the feveral counties, mall attend Bhetm thdr
the fuperior and inferior courts in their refpeclive counties when fitting, and by them-duty-
felyes or deputies, execute throughout the counties all writs, warrants, precepts and
* Repealed by a£t of 1 799 — and re»ena£ted by the tax a& of 1 800.
1
*$l JUDICIARY SYSTEM.
prcceftes directed to them, and iffued under the authority of any judge or jufrice of
the faid fuperior or inferior courts, or the clerk of either of the courts ; arid the fuid
lheriffs or their deputies fhall have power to command all neceffary affiftance in the
execution of their duty, and to appoint, as there fhall be occafion, one or more de-
puties; and before any {her iff fhall enter on the duty of his appointment, he fhall be
"-'all £ive bond J n ' " . _ , * _ J % 4 l *
insecurity, bound for the faithful pei formance of his duty by him felf and his deputies, before any one
of the faid judges, to the governor of the Rate, for the time being, and his fucceffors in
office, jointly and feverally, with two good and fufficient fecurities, inhabitants and
freeholders of the county, to be approved of by the juflices of theinferior court, or any
three of them, in the fum of twenty thoufand dollars ; and the faid bond lhall remain
in the office of the clerk of the fuperior court of fuch county, and may be fued for by
order of faid court, for the fatisfaction of the public, or perfons aggrieved by the mif-
conduct of the fheriff or his deputy ; and the faid fherifF fhall take and fubferibe the
following oath, before one of the judges of the fuperior or "ju ft ices of the inferior,
courts, and the fame mail be entered on the minutes of the faid court, and before fuch
Tixiroatu. fheriff fhall enter on the duties of his office, to wit : " I do folemnly {'wear or affirm
(as the cafe may be) that I will faithfully execute all writs, warrants, precepts and pro-
ceffes directed to me as fheriff of the county of- , and true returns make, and in
all things well and truly, and without malice or partiality, perform the duties of the of-
fice of fheriff of "—during my continuance in office, and take only my lawful fees :
*k£ th? same So help me God." And an oath to the fame purport fhall be taken by each of the de-
eiU • putiesoffaid fheriff in like manner.
writ3,&c to 52. And be it further enabled. That in all cafes wherein the fheriff of any county,
oe<Aif£c~tcd to -' J J J
tfecoronfr^ or ^'s deputy, ffiall be a party or interefted, the writs, precepts and proceffes, fhall
ceftaincases. De direfted to the coroner of the county; and the faid coroner is hereby authorized
S-vd"th!ofay to execute and return the fame; and in cafe of the death of either of the faid fhe-
pMUeJtoadun riffs tne deputy or deputies fhall continue in office, unlefs otherwife fpecially remo-
te^vacancy is VG^^ ancj fj^^j execute the fame in the name of the deceafed, until another fheriff
fhall be appointed and qualified; and the defaults and misfeafance in office of fuch
deputy or deputies in the mean time, as well before as-after the death of fuch fheriff,
fhall be adjudged a breach ©f the condition of the bond given as before directed by
the fheriff who -appointed fuch deputy or deputies; and the executor or adminiftrator
of the deceafed fheriff fhall have the like remedy for themifconduft, or misfeafance,
or default in office of fuch deputy or deputies, during fuch intervals, as he would be
entitled to (if the fheriff had continued in life and in the execution of his office) un-
til his fucceffor was appointed and fworn.
53. And be it further enacted ^ That the fheriff of each county ffiall, at the expi-
ration of his appointment, turn over to the fucceeding fheriff, by indenture and fche-
dule, all fuch writs and proceffes as ffiall remain in his hands unexecuted, who fhall
duly execute and return the fame; and in cafe any fheriff fhall neglecl or refufe to
turn over fuch proceffes in manner aforefaid, every fuch fheriff lb neglecting or re-
fuling, fhall be liable to make fuch fatisfaclion, by damages and coils, to the party
aggrieved, as he, fhe or they, fhall fujtain by reafon of fuch neglect orrefufal; and
every fheriff, at the expiration of fuch his appointment, fhall alfo deliver up to his
fucceffor the cuftody of the jail, and the bodies of fuch perfons as ffiall be confined
therein, with the precepts, writs, or caufe of fuch detention; and fuch fucceeding
fheriff ffiall be empowered and required to fell and carry into effefcl any levy made
by his predeceffor in orfke? in like manner as fuch fheriff could have done had he
In whnt man.
utr sheiitF:. are
♦o turn over
unfinished bu-
siness to their
successors.
JUDICIARY SYSTEM. 285
continued therein, and fhall make titles to the purchafers for ail property fold under
execution, and not conveyed by his predeceffor.
54. And be it further enacted, That the fheriffs of the feveral counties in this ftate sll(.r!(rsan(,.0.
fhall have like powers and authorities; and they and their under fheriffs and jailors, arfero?n"gi*a
conftables, and other officers belonging to the court, be Subject and liable to all ac-ofduty"
tions, fuits, fines, penalties and 'disabilities wbatfoever, which they or either of them
may incur, for or on account of the efcape of prifoners, or for or in refpeCt of any
other matter or thing whatfoever, relating to or concerning their refpeclive officers, in
the fame manner as they have heretofore been liable by the laws in force in this ftate;
and no flier iff, under Sheriff, deputy or other Sheriff's officer, fhall a 61 as an attorney shuinotaaai
*■ J attorney,
at law, in his own name, or in the name of any other perfon, or be allowed to plead
or prafliSe in any of the courts of this ftate, during the time he is in fuch office.
55. And be it further enabled, That the Sheriff Shall be liable either to an aclion on fosSitor«-te
the cafe, or an attachment for contempt of court, at the option of the party, v; here- ^'^t.1'1
ever it fhall appear that he hath injured fuch party, either by falfe returns, taking in-
sufficient bail, or by ncglefting to arreft the defendant, or to levy on his property, or
to pay over to the plaintiff or his attorney the amount of any fales which fhall be made
under or by virtue of any execution.
56. And be it further enabled, That if any Sheriff, or his deputy or under Sheriff, And may he
fhall be guilty of extortion or other mal-prafctice in the execution of his office, upon ™i-p™aice in
complaint made on oath to the attorney or Solicitor general, it fhall be the duty of fuch
attorney or folicitor general to exhibit a bill of endiefment againft the perfon fo offend-
ing, who upon convi6tion thereof, fhall be fined by the court in treble the amount
which he may have extorted from any perfon; which fhall be applied, one moiety to
the injured perfon, and the other moiety to the ufe of fuch county, and fhall like-
wife be removed from office, and Suffer Such other punifhment as the law directs.
57. And be it further enacted* Whenever the flier iff oSany county within this ftate, A'ndfineff.and
<-> 1 > ' „ . • . J imprisoned or
fhall fail to make due and proper return of all writs, executions and other procefs r0e^vedfl0m
put into his hand, or fhall fail or negle6t to pay up all monies received on fuch exe-
cutions on his being required by the court fo to do, he fhall be liable to an aQion as
for contempt, and may be fined, imprifoned or removed from office at the discretion
of the judge of the fuperior or the jnftices of the inferior court, as the cafe may be.
58. And be it further enabled, That where any perfon heretofore or now appointed commissioners
commissioners of the academy in any county of this ftate, have received or may re-mayberai"
ceive monies or other funds into their hands, and have not or fhall not apply fuch m<i nab™ to an
funds to- the purpofes intended, fuch commissioners may be removed' or displaced by application or
, J *- J detention oi the
the legiilature on proper representation oS the Sacts, and others appointed to Succeed funJs«
them; which fucceffors may commence and maintain an a8ion or attions againft
their predeceffors in office for any monies or other funds unapplied or unaccounted
for as aforefaid, and may receive judgment and fue out execution thereon, in any
court of law within this ftate, having cognizance thereof.
FOR REGULATING THE PROCEEDINGS IN THE INFERIOR
COURTS OF THIS, STATE.
59. Whereas the conftitution of this ftate authorizes the eftablifliment of courts of
inferior jurisdiction, Be it therefore enabled, That in every county within this ftate, a inferior courts
court Shall be held once in every fix months, and fhall be called inferior county courts, ^yearlrfewy
and fhall be held and adminiftered by the firft five judices named in the commiffion fwc juWesto
oS the peace, or any three of them, who being qualified in like manner as the judges '
of the fuperior courts, fhall have full power and authority to hold the Said courts, and
s86
JUDICIARY SYSTEM.
Their jurisdic-
tion, appeal al
lowed to thesu
jicrior court.
The times of
holding t!ie
Said ceurts.
In the eastern
circuit.
In the middle
circuit.
In the western
circuit.
Officers of the
inferior courts
to take the
same oaths and
be under the
«ame rules as
those of the su-
perior court.
Appointment
cf constables.
Tiieir ca*h.
to hear and determine caufes and contro'verfies,'and other matters properly appertain-
ing and referred by law to their iurifiiclion.
: 60. And be it further enacted. That the laid inferior courts fhall have full and con--
■current jurifdi&ion with the fuperior courts in all civil cafes.whatfoever, except in trial
of caufes of real eftate, which fhall be tried in the fuperior courts only, and where either
party in any caufc tried and determined in any of the faid courts fhall be diiTatisficd with
the trial and determination thereof, an appeal (hall be allowed to the fuperior court,
there to be tried by a fpecial jury, in like manner as other appeals are tried therein.
61. And be it further enacted. That the terms' of the laid courts, fhall commence,
and be held in manner and at. the times following, that is to fay :
THE EASTERN CIRCUIT.
On the firfl day of June and November, in Camden ; on the eighth day of June and
November, in Glyrri ; fifteenth day .of June and November,-. in Ivl'Intoih; tvventy-
firfl day of June and November, in Liberty • twenty-feventh day of June and twen-
ty-eighth day of November,, in Bryan; fifth clay of July, and fifteenth of December,
in Chatham ; eighteenth of July and nineteenth of December, in Effingham ; twenty -
fifth day of July and twentv-feventh of December, in Bullock.
THE MIDDLE CIRCUIT.
On the fir ft day of June and November, in Burke; thirteenth of June and four-
teenth of November, in Scrivcn ; twentieth of June and twenty-firft of November,
in Montgomery; twenty-feventh of June and twenty-eighth of November, in Wash-
ington ; eleventh of July and feventh of December, in JefFerfon ; eighteenth of July
and nineteenth of December, in Warren • twenty-fifth of July and twenty-eighth of
December in Richmond; the fir ft day oLAuguItand eleventh of January, in Co-
lumbia.
THE WESTERN CIRCUIT.
On the firft of June and November, in Hancock ; fourteenth of June- and Novem,
ber, in Greene; twenty-eighth of June and November, in Oglethorpe; fifth of Ju-
ly and December, in Wilkes ; nineteenth of July and December, in Elbert; twenty-
fixth of July and December, in Franklin; fir ft of Au-gufl, and fecond of January,
in Jackfon; the eighth of Auguft and ninth of January, in Lincoln : And the jufti-
ces of the inferior courts may adjourn from day to day, until they get through the
docket.
62. And be it further enabled, That the clerks of the inferior courts fhall take a
like oath, give a like bond and fecurity, and be liable and fubject to the like pains
and penalties for mal-practice and neglect of duty as the clerks of the fuperior courts;
and that the fheriff and his deputies, as well as conftables and all officers of the courts,
fhall be fubjeci and liable to the rules and orders of the inferior court for all mal-
practices or neglects of duty, touching or relating to fuits or other proceedings in fuch
courts, in like manner as fuch officers are fubject and liable in the fuperior courts.
63. And be it further enabled, That the juftices of the inferior courts fhall, at the
firfl term in every year, appoint not exceeding two fit and proper perfons in each,
captain's diftrict for the refpective counties as conftables, who fhall hold their appoint-
ments for one year, and fhall take and fubferibe the following oath or affirmation,
that is to fay, ii I, A. B. do folemnly fwear or affirm, (as the cafe may be) that I
will faithfully execute and return all fummons, warrants, precepts and executions,
dire£ted to me as conftable for the county, and in ail things well and truly, to the
utmoft of my power, without malice or partiajity, perform the duties of a conftable.
JUDICIARY SYSTEM. 287
for the time I may continue in office. So help me God." And that previous io$ro give bond
their entering on the duties of their refpe&ive appointments, mall feverally give bondan'
to his excellency the governor, and his fucceffors in office, with fecurity which {hall
be approved of by one of the faid juftices of the inferior court of their refpective
counties, in the fum of two hundred and fifty dollars, conditioned for the true and
faithful performance of the duties of their refpeCtive appointments; which bonds
{half be taken by one of the juftices of the inferior court, and depofited in the clerk's
office' of their refpective counties. Provided always, That where it may fo happen, provi*.
no fit and proper perfon or perfons offer themfelves as candidates, the faid juftices
may draw not exceeding two perfons as conftables for each captain's diftrict, who
ihall be liable to a fine of thirty dollars in cafe of refufal to perform the duties of
fuch appointment.
64. And be it farther enatted, That any juftice of the peace may, in cafes where gS£
there is no conftable in his diftritt, either from death, removal or otherwife, autho- in«rta:acase*
rize fome perfon to execute the duties of conftable until. Rich vacancy is filled.
65. And be it further enacted, That the faid juftices, or any one of them in each^feriweowts
county, may, in the abfence of the judges of the fuperior court, grant a writ of habeas jnubeao*- '
corpus, in the fame manner and under like regulations, as a judge of the fuperior court
is empowered to do ; and in all cafes not capital, fuch juftices may difcharge, admit
to bail, or remand to jail a prifoner at his difcretion, according to law and juftice ;
but in all cafes of a capital nature, it ftiali be neceffary that one or more juftices of the
faid county court, do affociate with fuch juftice granting the writ of habeas corpus, at
the return thereof, and that a majority o 1' faid juftices do concur in opinion.
66. And be it further enabled, That the faid courts (hall have the fame power to And have the
hold to bail in all cafes cognizable before them, to draw, empannel and fine petit iu- the superior .
fol -l r r r 1 i • • ■ r i • r\ ■ T n i ■ courtsastobau,
r the trial or cauies referred to their lunldiction, to exercile a like authority tria,i of causes,
_ . J ' J and eovern-
over the fubordinate officers of the faid courts, to grant writs of attachment, and in ment 0f suber-
" o ' dinate officers,
all cafes cognizable before them as aforefaid, be fubjeel to the fame rules and regula- S^rate"!/0
tions as may be eftablifhed by the judges and attorney and folicitors general, for the or- g[fptrioVnthc
dering and conducting fuits in the fuperior courts ; and in all refpecls fhall be governed courts-
by that part of this act refpecling the fuperior courts in matters fubmitted to their decifion.
6-j. And be it further enabled. That the fum of fifty cents fhall be paid by the plain- Fees ofp«d.
.pp.. •y, / i / I ding justices.
till or his attorney, to the clerk, on iffuing theprocefs in all fuits under one hundred dol-
lars, and the fum of one hundred cents on all fuits above that fum, to be divided among
the preiiding juftices at each term, which fum fhall be charged in the bill of cofts.
JUSTICES' COURTS.
68. For the more fpeedy recovery of fmall debts, Be it enacted, That the jnfti- jurisdiction of
ces of the peace in the refpective company diftricls, or any one or more of them,iuea«twrtyhc
fhall have authority and jurifdi&ion to hear and determine all fuits for any debts or s
liquidated demands, or on account for any fums of money not exceeding thirty dol-
lars, by fummons or warrant: Provided, That no juftice of the inferior court, or Exce?tions' ,
clerk, fhenffor attorney, being a juftice of the peace, fhall try any warrant, or give
judgment thereon in any civil cafe whatsoever. And the faid juftices are hereby
authorized and empowered to give judgment and award execution thereupon : Pro- The party cost
vided neverthelefs, That the party caft may ilay the levy of execution forty days, or^^w"
be allowed an appeal on payment of cofts, and giving fecurity within three days af-Pea'
ter judgment for the payment of the eventual condemnation money, or the delivery
of the body in difcharge thereof; but no ftay of execution fhall be allowed after an
s38 JUDICIARY SYSTEM.
appeal trial for a longer term than twenty days, in which cafe the fecurities on the
appeal {hall be liable for the debt and coils.
A{>i>e& to be 69. And be itjurlher enacted, That ail fuch appeals (hall be tried before any one
j'tivcw. l or more juftices of the peace in the company diitrift in which the defendant rcfides,.
by live jurors, to be drawn, empannelled and fworn, as herein after particularly di-
rected, and in no other manner whatfoever; whofe verdict fhall be final and conclu-
iive between the parties: Provided alwaysy That no jultice or ju Prices of the peace
fhall hold any jullices' court, or pal's any judgment (except by confent of parties) on
^heidSftif- an)r other or more than one day in each month; which day they may appoint in their
',hw.:'lxai respective diftricts; nor at any other place than that fpecially mentioned in the war-
rantor fummons, which warrant or fummons fhall be ferved by a conftable duly ap-
pointed and fworn to the faithful execution of his office, cither on the perfon cf the
defendant, or by leaving a copy thereof at his ufual and notorious place of abode, at
lead ten days before the day of trial ; and it fhall be the duty of the conftables in ferv-
ing fummons or warrants, to make an entry of fervice thereon in writing, and to fign
fuch return.
May-hoidto 7°- -4nd be it further entitled, That the faid juftices mail have the like power and
bai. authority to hold to bail, for debts within their jurifdittion, and under like reftrictions
as herein before pointed out for the fuperior.and inferior courts.
4*1 issue at- 71. And be it further enabled, That it mall be lawful for any iuftice of the peace
on complaint to him made on oath, by any perfon, that his debtor is removing
out of the county privately, or abfeonds and conceals himfelf fo that a fummons or
warrant cannot be ferved upon him, to grant an attachment againlt the goods and
chattels of fuch debtor, or fo much thereof as ihall be fufiicient to fatisfy the debt
and cofls of the complainant; and fuch attachment ihall be publicly ad vended by
the conftable levying the fame, at two or more public places in the dirt rift, at leaft
fifteen days ; and mail be made returnable to the next fucceeding juftices' court
thereafter, and fhall be conducted and held by them for debts within their jurifdiction,
in like manner as attachments if filing out of the fuperior and inferior courts, except
that the time of trying fuch attachment before a jultice of peace, ihall be at or be-
fore the fecond jullices' court for the diftritt which fhall happen after ilfuing fuch at-
tachment; and the faid juftices reflectively may, and are hereby fully authorized and
empowered, to iffue attachments returnable to the fuperior or inferior courts, under
like circumftanccs and in like manner as the judges or juftices of the faid courts are
empowered to do.
Evidence-to be 72, And be it further enabled, That in all cafes brought before any juftices courts
require untn-the fa^fr evidence the nature of the cafe will admit- of Ihall be required, nor fhall any
perfon be permitted to prove his own account by his own oath before fuch court,
without making oath in writing,, that he hath no other evidence whereby the fame
sen off. can be eftablifhed, and in all cafes of mutual debts and fetts-off, the faid juftices may
enter up judgment for the defendant, where it fhall fatisfa&orily appear that there
Disputes re- *s a balance due him, and on motion and good caufe being ihewn on oath by
reny'ievied" either party, the faid juftices may poftpone the trial of any caufe brought before
uled tube them, not exceeding in all three months; and where any difpute may arife touching
property levied on, it fhall be the duty of faid jultice to iffue his fummons to three
freeholders of the diftrict, whofe duty it fhall be to attend, and after being fworn,
justices shaii weh and faithfully to try the caufe in difpute, to decide thereon; and the place for
ownpuccs'for holding courts in each captain's diftricl fhall be fixed on by the juftices thereof, and
^1^2 ourc rjlau ]je as neariy jn the centre of fuch diftrict as conveniently may be, And no
JUDICIARY SYSTEM. 289
perfon fhall be permitted by the faid juftices to deny bis bond, rfote or bill for money Nobcndi not?;
or other thing, unlefs fuch perfon fhall fir ft make affidavit to the truth of fu|$xj^b«wS&
denial.
73. And be it further enacted, That in cafe any perfon, after being fummoned ^paS^^ffi
anfwef any complaint for debt before any juftice of the peace, fhall before the ht-p^^«^e
ting of fuch court, remove out of the 'diftricl, fuch juftice. may neverthelefs give g-^^£
judgment againft him ■ and if any perfon after judgment of fuch court, fhall remove
out of the diftricl; or county before fatisfaclion made, fuch juftice may ifTue execu-
tion againft fuch perfon, which execution being backed by any juftice of the county Excait;oms,a,
where fuch perfon may be found, may be levied by any conftable of fuch county. ^'^"^
74. And be it further enacted, That if any perfon fhall live or refide within any pleedbyI ■
county, for the Ipace of ten days or upwards, the fame fhall conftitute and be con- &"£££?"
fidered a fufficient refidence within the fame, fo as to authorize the juftices of fuch tiif^
county to proceed againft him before any company diftricl court, as herein before
pointed out, for all debts within their junfdiclion, which may be contra6ted during
fuch refidence.
\ 75. And be it further enabled, That in cafe there be no juftice of the peace fefi- pfrso^-s4^ia«
dent in any diftricl:, then it fhall and may be lawful for the next neareft iuftice to pro- winch have no
j J j *3 x justice mav be
ceed in like manner as if the defendant was an inhabitant of his diftrict; and all cafes sued inthe next
nearest diotrict.
in which a juftice of the peace may be a party, fhall be tried in the neareft adjacent
company diftricl, and not within the diftricl in which he may refide.
76. And be it further enacted, That it fh all be the duty of the conftables of the £vy execution*
feveral diftricls, to levy all executions put into their hands, agreeably to the tenor ^"andre-
thereof, and to make due returns of the fame, together with all fummons or warrants,
to the court to which they may be made returnable; and if any conftable fhall fail M>i£^8j8
execute and make fuch returns, or to pay to or account with any perfon for whom ^"^"5
he may have received money on execution, within ten days after the receipt thereof, nt«reu^cT.°"
the perfon fo injured as aforefaid, may, upon application to any juftice within the
diftricl, obtain a warrant againft him; and fuch juftice fhall, upon proof thereof,
award judgment and execution for the fame, and all coils againft fuch conftable,
and alio fine him for fuch abufe in a fum not exceeding ten per cent, on the amount
fo withheld; and in cafe of neglecl or refufal to ferve and return any warrant or
fummons as aforefaid, may fine the conftable fo offending in a fum not exceeding
the amount of the debt due by the defendant ■ and all conftables fhall moreover be
fubjeel to be profecuted and tried for mal-praclice in office, in like manner as herein
pointed out for juftices of the peace, and liable to like pains and penalties.
77. And be it further enacted, That the method of drawing juries for the trial of justices shaii
appeals before juftices of the peace, fhall be this; The juftices refiding in each cap- th^iVt%
tain's diftricl fhall procure from the clerk of the fuperior court a lift of all the perfons reab*
liable to ferve as petit jurors refiding in fuch diftricl, and fhall write each name on
fuch lift on a feparate piece of paper, which fhall be depofited in an apartment of a
box to be provided by fuch juftices, marked No. 1 ; and fhall draw fuch number of
names therefrom, not lefsthan five nor exceeding feven, as they may deem neceffary
from time to time, to try the caufes depending before them: which names fo drawn
fhall be entered in a book by the juftices prefiding at the drawing thereof, and fhall
be put into an apartment of fuch box marked No. 2; and after all the names are
drawn from No. 1, they fhall commence drawing from No. 2, and fo on alternately :
Provided^ That no juftjee fhall prefumeto draw any jury but on a court day, and in TobedrawB
f) r\ ' .» on a court day
^ u lnj«ublic.
290 JUDICIARY SYSTEM.
public; and that fuch jurors fhall be drawn by a perfon not interefted in any fuit to
Ami summons be tried; and any perfon fo drawn, and being fummoned by a conflable five days
toMrdt!ysb£fore before fuch court, negletling to appear at fuch court, may be fined by the juftice or
juftices prefiding, in a furn not exceeding three dollars, unlefs he fhall ihew fufficient
caufe of excufe, on oath, at the fucceeding court for fuch diftrift : And in cafe of
deficiency of jurors to try any caufe; the juftices may direft a conftable to fill and
complete fuch jury from the by-flanders : Provided, That there fhall not be lefs than
S2£K#5 tnree °f tne original pannel on fuch jury : And the conftables' fees for fummoning a
juries. jury ft^U be fifty cents for every trial had before fuch jury, and fhall alfo receive
fuch other fees as are given to conftables by the fee bill now in force; and fuch jury
juries'fee. fhall, for every verdict by them given, be entitled to twenty-five cents, to be paid by
the party in whofe favor the verdift may be, and to be taxed in the bill of cofts.
jurors-oath. 78. And be it further enacted, That the oath to be adminiftered to the jury on the
trial of appeals before juftices' courts, fhall be the fame as is prefcribed for fpecial ju-
rors in the fuperior courts,
juices' fees. 79- And be it further enabled, That the juftices fhall be allowed the following fees:
For making out a fummonsor warrant and hearing and determining the caufe, fifty
cents ; for writing and taking a bond or recognizance, twenty-five cents ; for iffuing
an execution, twenty-five cents ; for writing an affidavit and fwearing a party or de-
ponent where no fuit is depending, twenty-five cents.
c^tsjn crimi- 80. And be it further enabled, That when any perfon charged with any offence and
jea t9 their or- brought before ajuftice of the peace fhall be discharged for want of fufficient caufe of
commitment, the juftice or juftices may in his or their discretion difcharge the party
without cofts, or direct the coft to be paid by the profecutor.
81. Andbe it further enacted, That the juftices of the refpective counties fhall be, and
toendfamenf tney are hereby declared to be liable to aprofecution and trial, by endiclment for mal-
fojmai-prac- praftice in office : And it fhall be the duty of the attorney and folicitors general on
complaint made to them or either of them, on oath by any perfon or perfons, to frame
and prefer an endiftment to the grand jury of the county in which the juftice or juf-
tices complained of may refide, containing the merits of the complaint fpecially fet
forth ; which endiclment if found by the grand jury, after hearing the parties and
their evidences fhall be tried by a jury, and if convicted on fuch endictment, the judg-
ment of the court may extend to fine or removal from office or either at difcretion.
witnessescem- 82. And be it further enabled, That a juftice of the peace may ifTue fummons for
pdied to at- wjtneffes m anv Caufe to be tried before him, which being ferved three days before the
day of trial, fuch witnefs fhall be fubject to a fine of three dollars for default-, and the
juftice may ifTue an execution for the amount, provided fufficient excufe Shall not be
made, at or before the next court day ; and all fines fhall be paid into the hands of the
inferior court for the ufe of the county.
Regulations of 83. And be it further enabled, That no fales of property taken under execution
sales of proper- y r i 11 it I 1 1 • a- 1 1
ty under exe- {hall hereafter be made by any conftable, except on the j unices court day in every
month, and between the hours of ten and three o'clock in the day ; and it fhall be
the duty of conftables to advertife all intended fales at three or more of the moft pub-
lic places in the proper diftrict, and at one or more of the moft public places in the
county, at leaft fifteen days before any fale, and fhall give a full and clear defcription
of the property to be fold : Provided, That nothing herein contained fhall extend to
prevent fales ofhorfes, hogs, or cattle, at any time by confent of the defendant ; but
all fales ofproperiy by conftables fhall be at the place of holding the juftices' court in
in the feveral company diftrifts ; except in fuch as include the place appointed for
JUDICIARY SYSTEM. 291
holding the fuperior courts, in which cafe the fales to be made in fuch diftricls fliall
be made at fuch public place.
84. And be it further enabled, That the refpeftive conftables fliall be allowed iivelve pnstabie-s fees
and one half cents per day, for the proper care and fuftenance of each horfe, fix and stock.
a fourth cents for each head of cattle, and two cents each, for hogs and fheep exe-
cuted by them.
85. And be it further enabled, That no conftable fliall be authorized to fell any May toy, but
lands, but (hall, where no other fpecies of property can be found, levy on any lands
of the defendant, and deliver over the execution to the fheriff of the county with a SlHls;,lestoltl5
return of the land levied on, who (hall proceed to fell the fame with fuch formalities by the sheriff.
as are prefcribed for fales of real eflates.
86. And be it further enabled, That all former a£ts for regulating the judiciary Repealing
department of this ftate, be, and they are are hereby repealed.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, President of the Senate.
Concurred February 9, 1797.
JARED IRWIN, Governor.
An ablto ratify the refolution ofcongrefs, explanatory of the judicial power of the United
States.
WHEREAS congrefs at their feffion began and held at the city of Philadelphia,
on Monday the fecond day of December, one thoufand feven hundred and
ninety-three, have in virtue of the powers vefted in them by the fifth article of the con-
ftitution of the United States, deemed it expedient, to propofe to the legiflatures of the
feveral ftates an explanatory amendment of the faid constitution in the words follow-
ing, " The judicial power of the United States mail not be conltrued to extend to
any fuit in law or equity, commenced or profecuted againft one of the United States,
by citizens of another, or by citizens or fubje&s of any foreign ftate, And whereas
this legiflature doth entirely concur therewith, deeming the fame to be the on-
ly juft and true conftruftion of the faid judicial power, by which the rights and dig-
nity of the feveral Rates can be effectually fecured.
Be it therefore enabled by the Senate and Houfe of Reprefentativesof the Jlate of Geor ■ An,tfiimcnt
gia in General Affembly met, That this legiflature have afTentedto ratified and adopt- ratifie4,
ed, and by thefe prefents do for, and in behalf of the faid ftate of Georgia fully afient
to, ratify and adopt the aforefaid propofed explanatory amendment in terms thereof.
THOMAS NAPIER, Speaker of the Houfe of Reprefentatives.
BENJAMIN TALIAFERRO, Prefident of the Senate.
Concurred November 29th, 1794.
GEORGE MATHEWS, Governor.
An abl to give concurrent jurifdiction to the fuperior courts of this flatty with the infe-
rior courts thereof in civil cafes.
1. 13 E IT ENACTED by the Senate and Houfe of Reprefentatives of the Jlate of
-13 Georgia in General Affembly met7 two thirds of both houfes concurring therein^
292 JUDICIARY SYSTEM.
tSSmSU^ Th9t from and after the palling of this aft, the fuperior courts of this (late (hall have
Bcriorcouus'. concurrent jurifdiftion with the inferior courts thereof, in all civil cafes.
DAVID MERIWETHER, Speaker of the Houfe of Representatives.
ROBERT WALTON, Prejident of the Senate.
A /Tented to February 7, 1799.
JAMES JACKSON, Governor.
Superior courts
to %
An atl to amend an atl, entitled " An act to revife and amend the judiciary fyjlem of
this flat e.
3. "13 E IT ENACTED by the Senate and Houfe of Reprefentatives of the Jlate of
JL3 Georgia in General AJfembly met, and by the authority of the fame, it is here-
by enacted, That the fuperior and inferior courts fhall be held in the feveral counties
at the refpeftive times appointed by an aft, entitled " An aft to revife and amend the
judiciary fyftem of this ftate, fo far as relates to the firft terms which fhall happen
after the paffing of this aft;" and from and after the expiration of the faid firft term
a yeeari!feache in each county, the faid fuperior courts fhall be held in each county in the refpeftive
diftrifts twice in every year, by one or more of the judges of the fuperior courts, at
the feveral times herein after mentioned, to wit: In each county in the
EASTERN DISTRICT,
courtaaysin On the firft Monday in Oftober, in the county of Camden; the Monday there-
•rf«;'astern dl->- after, in the county of Glynn; the Monday thereafter, in the county of M'Intofh;
and the Monday thereafter, in the county of Liberty. On the third Monday in
November, in the county of Bryan; the Monday thereafter, in the county of Bul-
lock; the Monday thereafter, in the county of Effingham; and the Monday there-
after, in the county of Chatham.
SPRING CIRCUIT.
spring ch-cuit. On the third Monday in March, in the county of Camden; the Monday thereaf-
ter, in the county of Glynn; the Monday thereafter, in the county of M'Intofh;
and the Monday thereafter, in the county of Liberty. On the firft Monday in May,
in the county of Bryan ; the Monday thereafter, in the county of Bullock; the Mon-
day thereafter, in the county of Effingham ; and the Monday thereafter in the coun-
ty of Chatham.
And the faid fuperior courts fhall be held at the refpeftive times following in the
MIDDLE DISTRICT.
inthcmuidie On the firft Monday in March and September, in Columbia; the third Monday
in March and September, in Richmond; on the firft Monday in April and Ofto-
ber, in Burke; on the third Monday in April and Oftober, in Scriven; on the fourth
Monday in April and Oftober, in Jefferfon; on the fecond Monday in May and
November, in Montgomery; on the third Monday in May and November, in
Washington; and on the fecond Monday in June and December, in Warren.
And the faid feveral couus fhall be held at the refpeftive times following in the
WESTERN DISTRICT.
fethcwesters On the laft Monday in February and Auguft, in Hancock; on the fecond Mon-
day in March and September, in Greene; the third Monday in March and Septem-
ber, in Oglethorpe; the fourth Monday in March and September; in Jackfon; the
JUDICIARY SYSTEM. 293
firft Monday in April and October, in Franklin ; the fecond Monday in April and
October, in Elbert; the third Monday in April and Oclober, in Lincoln; and the
fourth Monday in April and October, in Wilkes.
2. And be it further enacted, That from and after the expiration of the faid firft inferior court
term after the palling of this acl, the inferior courts mail be held twice in every yeardays'
in each county, by the juftices of the faid inferior courts, of a majority of them, at
the fcveral times herein after mentioned, that is to fay : In the feveral counties in the
EASTERN DISTRICT.
On the firft Monday in January, in Camden; on the Monday thereafter, in^^fastert
Glynn ; on the Monday thereafter, in M'lntofh ; on the Monday thereafter, in Lib-
erty ; on the Monday thereafter, in Bryan ; on the Monday thereafter, in Bullock ; on
the Monday thereafter in Effingham ; and on the Monday thereafter in Chatham ;
on the firft Monday in June in the county of Camden ; the Monday after in Glynn ;
the Monday after in M'lntofh , the Monday after, in Liberty ; the Monday after,
in Bryan; 'the Monday after in Chatham ; the fecond Monday thereafter in Effing-
ham ; and the Monday thereafter in Bullock. And the faid inferior courts fhall be
held at the refpeQive times following in the
MIDDLE DISTRICT.
On the third Monday in June and December, in Columbia; the fourth Monday in the middle
in June and December, in Richmond; the firft Monday in July and January, in
Burke; the fecond Monday in July and January, in Scriven; the third Monday in
July and January, in Jefferfon ; the fourth Monday in July and January, in
Montgomery; the firft Monday in Auguft and February, in Wafhington; and the
fecond Monday in Auguft and February, in Warren; and the faid inferior courts
fhall be held at the refpe&ive times following in the
WESTERN DISTRICT.
On the firft Monday in January and June, in Hancock; on the fecond Monday d1st^estern
in January and June, in Greene; on the third Monday in January and June, in
Oglethorpe; on the fourth Monday in January and June, in Jackfon ; on the firft
Monday in February and July in Franklin ; on the fecond Monday in February and
July, in Elbert ; on the third Monday in February and July, in Lincoln; and on the
fourth Monday in February and July, Wilkes : And the juftices of the inferior courts
may adjourn from day to day until they accomplifh the buiinefs of the term.
POWERS COMMON TO BOTH.
3. And be it further enabled, . That the faid fuperior and inferior courts, {hall have IhewpeHo"0*
full powerand authority to hear and, determine all caufes both civil and criminal of ceurts.'erior
which they fhall feverally have jurifdiclion according to the conftitution and laws of
this ftate, by a jury of twelve men, to be taken from the county, in fuch manner as
fhall herein after he prefcribed, according to the ufages and cu-ftoms of law.
4. And be it further enacted, That in cafe of unavoidable accidents, whereby the cierk maj ad.
faid fuperior courts in any county, fhall not be held at the time appointed for holding J0urnc0Utt"
the fame, it fhall be the duty of the clerk of fuch court to adjourn the fame from day
to day, not exceeding two days; and if the faid court ihould not fit within the two
days as aforefaid, fuch clerk fhall then adjourn the fame to the next term.
5. And be it further enacted, That the faid fuperior and inferior courts mall be conns of re-
courts of record, and have power to adminifter oaths, and exercifeall other neceffary
powers appertaining to their jurifdittions reflectively, according to law ; and where
any of the faid courts fhall fail to meet; the proceeding in fuch courts fhall not there-
by be difcontinuedj but fhall ftand continued over in the fame manner as if fuch fail-
29i JUDICIARY SYSTEM.
from'ar?^ ure had not been ; and all witneffes going to, attending on, and returning from any
of the laid couits, fhall be free from arreft on any civil procefs.
comrtei tif/ ro- ^' ^nd ^e lt further tnaB'ed, That the faid courts (hall have power on the trial of cau-
fn'SksVnWs, ^ cognizable before them refpettively on ten days' notice, and proof thereof being
&c on ti-ui. previatifly given to the oppolite party, or his, her, or their attorney, on motion to re-
quire either party to produce books and other writings, in his, her, or their poffefhon,
power or cuftody, which fliall contain evidence pertinent to the caufe in queftion,
under circumftances where fuch part)'' might be compelled to produce the fame by
the ordinary rules of proceeding in equity; and if the plaintiff mail fail or refufe to
comply with fuch order, it fliall be lawful for the court on motion to give judgment
againft fuch plaintiff' as in cafe of non-fuit ; and if the defendant fliall fail or refufe to
comply therewith, the court on motion fhall give judgment againft fuch defendant as
in cafe of judgment by default; and the faid courts refpeclively fhall have power and
copieefonist authority to eftablifh copies of loft papers, deeds or other writings, under fuch rules and
pa^rs. precautions as are or may have been cuftomary and according to law and equity.
Habeascorpus. 7. And be it further enacted, That the judges of the fuperior courts, or any one
of them, and the practices of the inferior courts or any of them in the abfence of
the judges of the fuperior courts, fhall have power to ifTue writs of habeas corpus,
and in all cafes to difcharge, admit to bail or remand to jail, any prifoner, according
to their difcretion and the law of the land : Provided, That in all cafes of a capital
nature where a writ of habeas corpus fliall be iffued by a juftice of the inferior court,
it fhall be neceffary that one or more of the juftices of fuch inferior court fhall af-
fociate with the juftice granting the fame, at the return thereof, and a majority of
fuch juftices fhall concur in opinion on any decifion or order aforefaid: And it
fhall be the duty of fuch juftices to attend, on one day's notice being given of the
time and place of the return of fuch writ.
Petition and J- K.vJUii.00.
procew. g^ jnj ^e ^ jur^er enacted, That all fuits of a civil nature cognizable in the
faid courts reflectively, fliall be by petition to the court, which petition fhall contain
the plaintiff's charge, allegation or demand, plainly, fully and diftinctly fet forth,
and be fignedby the plaintiff, or his, her or their attorney, and to which petition the
clerk fhall annex a procefs, figned by fuch clerk, and bear teft in the name of one of
the judges or juftices of fuch court, directed to the fheriff, requiring the defendant
or defendants to appear at the court to which the fame fhall be made returnable, and
(hall be ferved on the defendant or defendants at leaft twenty days before the return
thereof, by delivering a copy of fuch petition and procefs to the defendant or defend-
ants, or leaving fuch copy at his, her or their raoft notorious place or places of refi-
dence. And if any procefs fhall be delivered to the fheriff or other officer, whofe
duty it fhall be to execute the fame, fo late that it cannot be ferved in manner afore-
faid, twenty days before the fitting of the court to which it fhall be returnable, fuch
procefs fhall not be executed, but the officer fhall return the fame, with the truth of
the cafe. And if any original civil procefs fhall be taken out within twenty days of
the next court, the fame fliall be made returnable to the next court to be held after
the expiration of the faid twenty days, and not otherwife. And all procefs iffued and
returned in any other manner than that herein before directed, fhall be, and the fame
Bywhomissued is hereby declared to be null and void.
3Srtfte4.hom 9. And be it further enabled, That all procefs iffued by the clerks of the faid courts
refp&ctively, where the fheriff who ought to execute the fame fhall be any wife inter-
efted, fhall be directed to the coroner of fuch county, and ferved and returned by him
JUDICIARY SYSTEM. 295
in the fame manner as is required of fherifFs. And for the more orderly and regular
proceeding in the faid courts, the following rules and methods (hall be obferved, to
wit: The defendant or defendants fliall appear at the court to which the. petition and
procefs (hall be returnable, and on or before the laft day of the faid court fliall make Answerer*.
his, her or their defence or anfwer in writing, which fliall plainly, fully and diftinctly £1
let forth thecaufe of his defence, and be figned by the party making the fame, or his,
her or their attorney; which faid anfwer may contain as many feveral matters, as fuch |°cndtsj g£5&,
defendant or defendants may thinkneceffary for his, her or their defence: Provided, Thatedonoath,
no perfon fhallbe permitted to deny any deed, bond, bill, fmgleor penal, note, draft,
receipt or order, unlefshe, file or they, {hall make affidavit of the truth of fuch anfwer
at the time of filing the fame : And the faid petition and anfwer fliall be fuflicient to carry
the fame to the iury, without any replication or other courfe of proceedings: And bite. for delta
J V ' / r r . °. inform, but
no petition, anfwer, return procefs, judgment, or other proceeding in any civil cauie, sha^beamend-
fhall be abated, arretted, quafhed or reversed, for any defect in matter of form, ©rtcrm-
for any clerical miftake or omiffion, not affetling the real merits of the caufe; but
the court, on motion, fliall caufe the fame to be amended without any additional coft
at the firfh term, and fliall proceed to give judgment according to the right of the caufe
and matter of law, as it fliall appear to the faid court, without regard to fuch imper- reeSve5onbf
feclions in matter of form, clerical miftake or omiffion; and no dilatory anfwer fliall oaUl
be received or admitted, unlefs affidavit be made of the truth thereof. d"fagu?t!nt by
10. And be it further enabled, That where any defendant fliall fail to appear and
anfwer in manner aforefaid, the court, on motion of the plaintiff or his counfel, fhall
enter a judgment by default, and the plaintiff's claim, allegation or demand, fliall be
tried in all cafes of judgment by default, by a jury; but no fuch trial fhall in any continuance.
cafe be had at the firft term; and no caufe whatfoever depending in the faid courts
fliall be continued more than one term, at the inftance of the fame party. Anions against
1 1. And be it further enabled, I'Uft in all cafes where a fuit fliall be inftituted in any joint obUsor*<
of the faid courts, on any boncnf'%ote or other written obligation, fubfcribed by
feveral perfons, who refide in different counties, the plaintiff fhall have his op-
tion to inftitute his fuit in either of the faid' cot|nties, and the clerk fliall iffue the
original petition and procefs, and a copy or copies in fuch county, againft the defen-
dant or defendants who may refide therein, in manner directed by this acl; and fhall
alio iffue another original and copy or copies thereof for the defendant or defendants,
refident in other county or counties' : and it fliall be the duty of the plaintiff, his agent
or attorney, to caufe fuch original and copies to be delivered to the fheriff or other
officer in fuch other county or counties, who fhall execute and return the fame to the
court from whence they iffued, in fuch manner as is herein before directed, and
on fuch return the plaintiff may proceed as in other cafes.
EXECUTORS AND ADMINISTRATORS. Executorsand
12. And be it further enacted, That no fuit or action fliall be iffued againft any Lem'ptV^m3
executor or adminiftrator for any matter or caufe againft the teftator or inteftate of month*. ve
fuch executor or adminiftrator in any of the faid courts, until the expiration of
twelve months after probate of the will of fuch teftator, or letters of adminiftration,
granted on the eftate of fuch inteftate. suits shaii not
And no fuit in any of the faid courts fhall abate by the death of either party, where &££««?«•«»
fuch caufe of action would in any cafe furvive to the executor or adminiftrator, whe- ««w,a
ther fuch caufe of action would furvive in the fame, or any other form, but the fame
fhall proceed as if fuch teftator or inteftate had not died, under the reftrictions and
regulations following; When a plaintiff Ihall die, in any cafe aforefaid? the executor
Plaintiff shall
make oath of
the amount
due.
296 JUDICIARY SYSTEM.
or adminiftrator of fuch plaintiff mall, within three montlu after taking out pro-
bate of the will, or letters of adminiftration, give notice to the defendant or defend-
ants by fcire facias, to iff ue out of" the clerk's office, returnable in the manner herein
«dre facias, before prefcribed for the ilfuing and return of procefs ; and in cafes where the defend-
ant {hall die, it fhall and may be lawful for the plaintiff to lffue a fcire facias in man-
ner aforefaid, immediately after the expiration of twelvemonths, requiring fuch ex-
Feme-«oie. ecutor or adminiftrator to appear and anfwer to the faid caufe.
And where a feme-fole, being plaintiff, fhall marry pending any fuit, the fame fhall
not abate by reafon of fuch intermarriage, but the fame being fuggefted on the record,
fuch caufe fhall proceed in the name of the hufband and wife.
Baft. BAIL.
13. And be it further enacted, That in all cafes where bail is requirable, and the
plaintiff in any aftion fhall require bail, fuch plaintiff fhall make affidavit before any
judge, juflice of the inferior court, or juftice of the peace within this ftate, or any
judge or juftice of a fuperior court of any one of the United States, fhall have annex-
ed thereto the feal of the ftate from whence it fbail come, and a certificate of the
governor certifying that the perfon taking fuch affidavit is one of the judges or jufti-
ces of a fuperior court of that ftate, of the amount claimed by him, and that he has
peas to lose the reafon to apprehend the lofs of the faid fum, or fome part thereof, if the defendant or
& taken. ' defendants is or are not held to bail, which affidavit fhall be filed in the clerk's office,
Indl'rseToS1*' anc^ copies thereof affixed to the original petition and procefs, and to the copy or co-
sherhrs'duty P'es tnereof and the amount fworn to, fhall be endorfed on the petition and procefs.
bau!regardt0 M* And be it further enabled, That when any civil procefs fhall iffue out of any of
the faid courts whereby bail fhall be required to be taken in manner aforefaid, of any
perfon or perfons to anfwer any aftion in any of the faid courts, the fheriff or other
officer fhall take a bond with one or more fufficient fecurity or fecurities, for double
the fum fworn to, and fhall return fuch bond wk\k. the petition and procefs : And in
cafe the fheriff or other officer fhall fail or neg&e^to take fuch bail, or the bail taken
shaiibebaii ffiall be deemed inefficient by the court, on exceptions taken thereto and entry there-
ne^ecistotake of made at the firft term, to which the faid petition and procefs fhall be returned, fuch
sufficient ban. fheriff or other officer, and his or their fecurity, or fecurities in either of the faid ca-
fes fhall be deemed and ftand as fpecial bail, and the plaintiff may proceed to judg-
ment according to the provifions of the a£t herein after mentioned. And in all ca-
fes, where any defendant or defendants of whom bail ihail be required, ffiall refufe to
give good and fufficient bail, it fhall be the duty of fuch fheriff or other officer to com-
mit fuch defendant or defendants to the common jail Of the county, or if there ffiould
be no jail in the county or the fame fhall be inefficient, it fhall and may be lawful for
the faid fheriff or other officer to confine fuch defendant or defendants in fomeprivate
houfe : Neverthelefs, fuch perfon or perfons fhall be allowed all the benefits of ap-
pearance and defence, as if he, fhe or they, were perfonally prefent, and ffiall not be
ah ban, decia- difcharged out of cuftody but by putting in bail, or by order of court,
recitobespeciai ^ And be it further 'en athJ, That all bail taken according to the directions of
this acl, ffiall be deemed, held and taken as fpecial bail, and as fuch be liable to the
EtartbST*" recovery of the plaintiff; but the plaintiff, after final judgment, fhall not takeout
scVia. execution againft fuch bail, until a capias ad fatisfaciendum ffiall be firft iffued thereon,
and the principal cannot be found, and fhall alfoiffuea fcire facias, returnable to the
faid court, which fhali be ferved on the bail at leaft twenty days before the return
thereof; and after the return of fuch ca fa againft the principal, and fcire fa-
cias againft the bail, and judgment thereon, execution may iffue againft the prin-
JUDICIARY SYSTEM. 297
cipal and bail, or cither of them, or either of their eftates, unlefs the bail (hall
furrender the principal at or before entering up final judgment on the fcire facias,
either in open court in term time, or to the Iheriff of the county in which fuch
principal fhall rende, at any time in vacation: And it fhall be the duty of the court
to order fuch principal into the cuitody of the fherifF, and the duty of the fheriff in
time of vacation to receive into his cuitody fuch principal, and in either cafe to com-
mit him, her or them to jail according to the directions of this aft, any law, ufage
or cuftom,to the contrary notwithstanding.
16. And be it further enacted, That when any fcire facias ifTued according to the P ^fa^tla*
directions of this aft, lhall be by the proper officer returned ferved, the bail fhall ap- bilU-
pear and anfwer, and the matter be tried at the first term to which the fcire facias
mall be returned, unlefs the bail fhall fhew very fpecial caufe to induce the court to
continue the fame for one term and no longer; and in cafe fuch bail fhall not appear
and anfwer in manner aforefaid, the court on motion of the plaintiff, or his counfel,
fhall enter final judgment at the firft term: But if it fhall appear to the court, to surrenderor
• Jo i I .... the principal,
which any fcire facias may be returned ferved on the bail, that the principal is con-^'.^'fe
fined in any jail of this ftate, by virtue of any civil procefs, on proof thereof, and
on motion of the plaintiff, or bail, the faid court fhall order and direft, that fuch
principal be retained in jail, where he, fhe or they, fhall reman a prifoner or pri-
soners, until he, fhe or they, fhall have paid the plaintiff's judgment and cofts, or be
otherwife difcharged according to law; a copy of which order being ferved on the
jailor or keeper of fuch prifon before fuch prifoner's releafement, fhall be a fufficient
authority for him to retain fuch prifoner, until fuch order fhall be complied with,
and fhall alfo be deemed a furrender of fuch principal, and as fuch fhall difcharge
the bail : Provided, That nothing herein contained mall be fo conftrued as to prevent Principal sur-
o • 1 render pcndinc
any perfon, who fhall be furrendered by the bail, pending any aftion, from putting a^*^T>^
in other good and fufficient bail, who fhall be fubjeft to the like proceedings, and al-
lowed the fame advantages as are herein before prefcribed.
MORTGAGES ON REAL ESTATES.
17. And be it further enacted. That the method of foreclosing mortgages on real Foreclosure of
eftates in this ftate, be as follows: Any perfon applying and entitled to foreclofe fuch r«i estate*.'
mortgage, or his, her or their attorney, fhall petition the fuperior court of tfie county
wherein fuch mortgaged property may be, ftating the cafe, and the amount of his,
her. or their demand, and defcribing fuch mortgaged property; and the court mail
grant a rule, that the principal, intereft and coft fhall be paid into court within twelve
months thereafter, which rule fhall be publifhed in one of the public gazettes of this
ftate, at leaft once in every month, until the time appointed for payment, or ferved
on the mortgager or his fpecial agent, at leaft fix months previous to the time the mo-
ney is direfted to be paid; and unlefs the principal, intereft and cofts be fo pajd, the
court fliall give judgment for the amount which may be due on fuch mortgage, and
order the property mortgaged to be fold in fuch manner as is prefcribed in cafes of
execution, and the money fhall be paid to the mortgagee or his attorney; but where
there fhall beany furplus, the fame fliall be paid over to the mortgager or his agent.
And in cafe of any dispute as to the amount due on any mortgage, if the mortgager
Jhall appear within the time prefcribed by this aft, and make affidavit that he hath
made payments which have not been credited on the faid mortgage, or that he is en-
titled to fetts-orf which in equity ought to be allowed, the court fhall appoint one or
more fit perfon or perfons to credit and liquidate the fame; but either party fhall be
298
JUDICIARY SYSTEM.
On personal
e«ut*s.
t^Itaecsea.
Supcena five
days before
court.
Attachmentfor
non-atten-
dance.
And liable to
damages.
entitled to a new trial therefrom, which (hall be tried in like manner as fhall be pre-
scribed for the trial of appeals in other cafes.
MORTGAGES OF PERSONAL PROPERTY.
18. And be it further enabled, That mortgages of perfonal property fhall be fore-
clofed in the following manner: Any perfon or perfons holding a mortgage on per-
fonal property, and wifhing to foreclofe the fame, fhall make application to one of
the judges of the fuperior or juftices of the inferior courts, and make affidavit before
him of the amount of principal and intereft due on fuch mortgage, which affidavit
fhall be annexed to fuch mortgage, and thereupon the clerk of the fuperior or inferior
courts fhall iffue execution as on a judgment, which execution being delivered to the
flier iff, it fhall be his duty to levy on the property wherefoever the fame may be found,
and after advertifing the fame in one or more of the public gazettes of this {fate at
lead fixty days, the fheriff fhall fet up and expofe the fame to fale, and the money
arifing from fuch fale fhall be firft applied to difchargethe amount due on fuch mort-
gage and all legal cofts, and the overplus, if any, to be paid to the mortgager: Pro-
vided always, That if any difpute fhall happen as to the fum due on any mortgage,
that it fhall and may be lawful for the faid judges or juftices of the inferior courts,
on affidavit, to order fuch fale to be poftponed, the mortgager giving bond with good
and fufficient fecurity in double the fum fworn to be due, for returning fuch property
when called for by the fheriff, which bond fhall be afligned by the fheriff to the
mortgagee, who may fue and recover thereon; but the jury fhall be fworn to give
at leaft twenty-five per cent, damages, in cafe it fhall appear that fuch application was
intended for delay only. And in all cafes where application has been heretofore made
to the inferior courts for the foreclofure of mortgages of perfonal property, it fhall
and may be lawful, and they are hereby required to proceed to the foreclofure there-
of, in like manner and order as herein pointed out for the foreclofure of mortgages
on perfonal property.
WITNESSES.
19. And be it further enabled, Where the attendance of any perfon fhall be requi-
red as a witnefs in any of the courts aforefaid, in any caufe depending therein, it
fhall be the duty of the clerks of the faid courts refpettively, on application, to iffue
writs of fubpeena, directed to the perfons whofe attendance fha!l be required, where
fuch perfons refide within the county in which fuch caufe may be depending, which
writ of fubpeena fhall exprefs the caufe, and the party at whofe fuit it fliall be iffued,
and fhall be ferved on fuch witneffes at leaft five days before the court to which it
fliall be returnable : and which writ fhall be ferved by a fheriff, conftable or fome pri-
vate perfon, and the return of a fheriff or conftable of fuch fervice, or the affidavit
of any private perfon, fhall be fufficient evidence that fuch fubpeena was duly exe-
cuted.
20. And be it further enabled, That where it fliall appear in manner aforefaid, that
a witnefs in any caufe fhall have been duly fummoned, and fuch witnefs fhall fail to
appear, it fhall be the duty of the court, on motion, to iffue an attachment againft
fuch defaulting witnefs, returnable to the next court, and fhall fine fuch witnefs in a
fum not exceeding three hundred dollars, unlefs he or fhe fhall make a fufficient ex-
cufe for fuch non-attendance, which fhall be judged of by the court; but fhall ne-
verthelefs be fubjeft to the aclion of the perfon at whofe fuit fuch witnefs fhall have
been fummoned, for any damage which he; fhe or they may have fuftained by rea-
fon of fuch non-attendance.
JUDICIARY SYSTEM. *&9
2i. And be it further enacted, That when a fubpeena fliall be ferved on any i#it*Mw*«t*»diffl
fiefs in conformity to this aft, it fliall be the duty of fuch perfon To fummoned, to at- u'°
tend from time to time, until the caufein which fuch witnefs fliall have been fummon-
ed is tried, or be otherwife difcharged by the court.
22. And be it further enacted, That on thelaft day of the attendance of any wit- Their fees ana
•nuiiiri i 1 ■ ' • ' fri'T mode of pay.
nefs in each term, it mail and may be lawful, on application or fuch witnels, to ex- mens.
hibit his account for attendance, againlt the perfon or perfons at whofe fuit he or they
may have been fummoned, and the judge or preliding juftice fliall examine and cer-
tify the fame under his hand, which fliall be counterfigned by the clerk, whereupon
fuch account fo certified fliall have the force and effe£t of an execution, and may
be levied by the fheriff or conftabie, according to the amount thereof, off the goods
and chattels of fuch party, in like manner as in cafes of other executions: Provided
never thelefs, That where any witnefs fliall claim and levy for more than is really due,
fuch witnefs mail forfeit and pay to the party injured four times the amount of the
fum fo unjuftly claimed. And no party caftin any fuit fhall be taxed for more than two witn«r««
the cofl of two witneffes to any materia) point in any caufe which fliall be fpecially mipoint.
certified by the court trying the fame; nor fhall any party be allowed to tax cofts for -
different witneffes to different material points, where the farce witneffes fhall be fuffi-
cient, in the opinion of the court, to prove fuch material points.
23. And be it further enabled, That where any witnefs refides out of the flate, or J"!^risJ^t0rie9
out of any county in which his teflimony may be required in any caufe, it fhall be lav. - ^^0*1X1
ful for either party, on giving at leaf! ten days' notice to the adverfe party, or his, her thc COUIUv-
or their attorney, accompanied with a copy of the interrogatories intended to be exhi-
bited, to obtain a commiffion from the clerk of the court in which the fame may be
required, directed to certain commiffioners to examine all and every fuch witnefs or
witneffes, on fuch interrogatories as the parties may exhibit; and fuch examination
fhall be read at the trial on motion of either party.
SETTS-OFF AND SPECIALTIES.
24. And be it further enabled, That in all cafes of mutual debts and fetts-off, where
the jury fliall find a balance for the defendant, fuch defendant may and fhall enter up
judgment for the amount, and take out execution in fuch manner as plaintiffs may do
by this aci : Provided, fuch defendant fhall at the time of filing his anfwer, alfo file
therewith a true copy or copies of the fubjecl matter of fuch fetts-off; and where the
plaintiff fhall be indebted to the defendant on open account for dealings between them-
selves, and where the defendant fhall hold and poffefs in his own right, by affignment,
endorfement or otherwife according to law, any bond, note, bill or other writing, for
money or other thing of the faid plaintiff's, fuch defendant fliall and may offer the fame
as fetts-off, and on due proofs fhall be allowed the fame.
25. And be it further enabled, That all bonds, and other fpecialties, and promif - Bonds, not«
ibry notes and other liquidated demands, bearing date fince the ninth day of June, ^"tjt^
one thoufand feven hundred and ninety-one, whether for money or other thing, fhall
be of equal dignity, and be negotiable by endorfement, in fuch manner and under
jfuch re ft ri 61 ions as are prefcribed in the cafe of promiffory notes. Provided, That
nothing herein contained fhall prevent the party giving any bond, note or other wri-
ting from retraining the negotiability thereof, by exprefling in the body thereof fuch
jntention.
VERDICTS AND JUDGMENTS.
26. And be it further enabled, That in all cafes where a verdi£l fliall be rendered, Verd!as«i<
&he party in whofe favor it may be; fhall be allowedto enter and fign judgment thereon judsm6ntJ*
ninth'
791.
300 JUDICIARY SYSTEM.
at any time within four days after the adjournment of the court, at the clerk's office, for
the amount of fuch verdict and all legal cods are recoverable thereon, and no execu-
tion mail iffue on any verdict, until fuch judgment mall be entered, figned by the par-
ty or his attorney ; and all the property of the party againft whom fUch verdict (hall
be entered, fhall be bound from the figning of the firft judgment; but where feveral
judgments fhall be of equal date, the firft execution delivered to the fheriff fhall be the
stay of cxe«- fiY{\ fatisfied : Provided always, That any party againft whom fuch judgment fhall be
entered, may enter good and fufficient fecurity, either in open court, or in the clerk's
office, within the time aforefaid for the payment of the judgment and cofts within fix-
ty days, and if fuch party {hall not pay the fame agreeably thereto, execution may if-
fue againft fuch party, and the fecurity without any other proceeding thereon ; And
provided alfo, That in cafe either party fhall be di [fatisfied with the verdict of the ju-
ry, then, and in all fuch cafes, either party may, within four days after the adjourn-
Appeal. rnent of the court in which fuch verdict was obtained, enter an appeal in the clerk's of-
fice of fuch court (as matter of right) and if fuch verdict (hall be obtained in the infe-
rior court, it mall be the duty of the clerk thereof to tranfmit fuch appeal to the clerk
of the fuperior court of the county in which fuch verdict fhall be obtained,, who fhalf
enter the fame on the appeal docket, which appeal fhall be admitted and tried by a fpe-
•/wsts aiSen- c^ jurv- Provided, The perfon or perfons fo appealing fhall previous to obtaining
tering security. fucri appeal, pay all cofts which may have arifen on the former trial, and give fecuri-
ty for the eventual condemnation money, except executors and administrators, who
mail not be liable to give fuch fecurity, but if on hearing fuch appeal, it fhall appear
i^nt'dlma- t0 tne jurv lhat appeal was frivolous and intended for delay only, they fhall affefs
%*Tn™erP. damage to the party aggrieved by fuch delay, not exceeding twenty-five per centum on
for<je:ayao^iy!thepncipal fum which they fhall find due; and fuch damages as fhall be fo affeffed
fhall be fpecially noted in the verdicts of fuch jurors, and no perfon fhall be allowed
to withdraw an appeal after it fhall be entered but by the confent of the parties. And
in cafe of a jury committing a contempt, or breaking up before giving in their ver-
dict in any civil cafe, the court may declare the fame a mis-trial, and fhall fine each of
lustriaj. the offending juror or jurors in a fum not exceeding one hundred dollars. And if any
party, plaintiff or defendant, be hereafter non-fuited or eaft by reafon of the neglect
Attorney Habie or mifconduct of the attorney, who fhall hereafter bring or be employed in fuch fu it,
tato0«Us.Cfir" in all cafes the faid attorney, fhall p?y all colts that may accrue thereby, and the court
fhall immediately enter up judgment accordingly for the fame.
-uto^n°tn of 27* ^nd ^e it further enacted. That no confeffion of judgment fhall hereafter be
entered up, but in the county where the defendant or defendants may reflde, or unlefs
the caufe hath been regularly fued out and docketed in the ufual way as in other cafes,
nor until fuch caufe be called in order by the court for trial.
interest, megai 28. And be it Jurther enacted. That no verdict fhall be received on any unliquida-
demands. '" ted demand where the jury have increafed their verdict on account of intereft, nor
fhall intereft be given on any open account, in the nature of damages.
Attomeytopay 29. And be it farther enabled) That where any attorney fhall institute a fuit in any
plaintiff rJkies of the faid courts, for and in behalf of any per Ion who refides out of the ftate, or out
county, of the county in which the plaintiff or plaintiffs may refide, fuch attorney
fhall be liable to pay all cofts, in fuch manner as fuch plaintiff would be, were he, fhe,
or they refident in this ftate, and if any attorney fhall retain any monies received by
him after being ordered by the court to pay over the fame to his principal, he fhall be
by the court ftruck from the lift of attornies, and never after fuff'eredto plead in any
court of this ftate.
JUDICIARY SYSTEM. 301
ARBITRATION.
30. And be it further enabled', That in all matters fubmitted to referrence by par- Arbitration,
ties, in a fuit under a rule of court or other agreement in writing figned by the par-
ties, judgment (hall be entered up by the party in whole favor the award is given,
and execution mail iffue for the funis awarded to be paid as they reflectively become
due, and to be levied on the property of the party againft whom the judgment flia.11
have been entered up, and fuch other proceedings fhali be had thereon by the court,
as in cafes of judgments entered up on verdicts of juries. Provided, .That no judg-
ment fhall be entered up on an award, where it fhall appear any other caufe orcaufes
fland on the docket of the court againff the defendant or defendants, undetermined, be-
fore the caufe in which a rule or other agreement in writing for arbitration is entered.
EXECUTIONS.
31. And be it further enacted, That all executions fhall be iffued and figned by the who^tobeis?
clerks of the feveral courts in which judgment fhall be obtained, and bearteftin the whomdtdae*
name of one of the judges or prehding juftices of fuch courts, and fhall be directed to
all and fingular the fheriffs of this ftate, and may be levied on the eft ate both real and
perfonal, of the defendant or defendants, or iffue again ft the body of the defendant at
the option of the plaintiff; which execution fhall be of full force until fatLfied ; with-
out the fame being obliged to be renewed on the court-roll from year to year as here-
tofore practifed. And where the defendant fliall point out any property on which to
levy the execution, being in the hands and poffefhon of any perfon, not a party to
fuch judgment, the fheriff fliall not levy thereon, but fliall proceed to levy on fuch
property as may be found in the hands and poffeffion of the defendant, who fliall
neverthelefs beat liberty to point out what part of his property he may think proper,
which the fheriff fliall be bound to take and fell firft. Provided, The fame is in the Pro™0-
opinion of the fheriff fuiheient to fatisfy fuch judgment.
32. And be it further enabled, That in all cafes where execution fliall iffue illegally, illegality in ex-
and the perfon againft whom fuch execution may be fhall make oath thereof, anci tl0nb"
fhall ftate the caufes of fuch illegality, fuch fheriff fhall return the fame to the next
term of the court out of which the fame iffued, which court fliall determine thereon,
at fuch term. And where any fheriff fliall levy an execution on property claimed ci*im of Pto-
by any perfon not a party to fuch execution, fuch perfon fhall make oath to fuch pro- perty'
perty, and it fhall be the duty of the fheriff to poft pone thefaleor future execution of the
judgment, until the next term of the court from whence the execution iffued, and fuch
court fhall caufe the right of property to be decided on by a jury at the fame term,
unlefs fpecial caufe be fhewn to induce the court to continue the fame for one term
and no longer : Provided, The perfon claiming fuch property, or his attorney, fhall cla
give bond to the fheriff', with fecurity in a fum equal to the amount of the execution, fee
conditioned to pay to the plaintiff all damages which the jury on the trial of the right
of property may affefs againft him in cafe it fliould appear that fuch claim was made
for thepurpofe of delay ; and every juror on the trial of fuch claim fhall be fworn
in addition to the oath ufually adminiftered to give fuch damages, not lefs than ten tAendP«ce£t0
per cent, as may feem reafonable arid juft,to the plaintiff againft the claimant, in cafe voiousciato^1*
it fhall be fufheiently fhewn that fuch claim was intended for delay only; and it fhall
be lawful for fuch jury to cive verdict in manner aforefaid, by virtue whereof iudg-
"*, . . K* . .. , ' J f & Burthen of
ment may be entered up and execution iffued aeainft fuch claimant: And provided p,roof,10 ^ "n
, r ' r rr the plaintiff in
aljo, Fhe burthen of the proof fliall lay on the plaintiff in execution. safeCsby°«ec«-
33. And be it further enabled, That no fales in future fhall be made by fheriffs of ^fiStr^
property taken under execution, but on the firft Tuefday in each month, and between ntontn?verT
imant to
ebonil Aai
security .
goa JUDICIARY SYSTEM.
the hours often and three in the clay ; and it (hall be the duty oF the fheriffs to give
thirty days' notice in one of the public gazettes of the (late, of all fales of lands and
other property executed by him, and alfo advertife the fame in three of the moil
public places in the county where fuch fales are to be made, and fliall give a full and
complete defcription of the property to be fold, making known the name of the de-
fendant, and the perfon who may be in poffefiion of the property, except hones,
hogs and cattle, which may be fold at any time by the co'nfent of the defendant; and
in which cafe it fliall be his duty to give the plaintiff ten days' notice thereof, and alfo
to advertife the fame in three or more of the mod public places in the county where
fuch property may be, at leaf! ten davs before the fale.
CLERKS.
cierks, their 34. And be it further enabled, That the clerks of the feveral courts in this ftate,
fliall copy into a book of.record, all the proceedings in all civil cafes in the faid courts
refpectively3 which entry of record fliall be made within forty days after the deter-
mination of any caufe; and the faid clerks fhall be- allowed the fum of ten cents for
every hundred words of recording fuch proceeding, to be taxed in the bill of coft.
And the faid clerks fliall alfo keep regular and fair minutes of all the proceedings in
any of the faid courts, which fhall be ligned by the judge of the fuperior, or p red-
ding juftices of the inferior courts (as the cafe may be) prior to the adjournment
from day to day.
Must hE swom 35. And be it further enabled, That the clerks of the faid fuperior and inferior
andfesudty. courts, hereafter to be appointed, fliall, before they enter upon the duties of their
appointments, and after being commiffioned by the governor, take the following oath
before one of the judges of the fuperior courts, or a juftice of the inferior court of
-\Their oath, the county: " I do folemnly fwear (or affirm) that I will truly and faithfully enter
and record all the orders, decrees, judgments, and other proceedings of the fuperior
(or inferior) court of the county of- , and all other matters and things which
by law ought by me to be recorded, and that I will faithfully and impartially dif-
charge and perform all the duties required of me, to the belt of my underflanding."
And fliall alfo enter into bond, with one or more good and fufficient fecurity orfecu-
rities, to the governor for the time being, in the fum of three thoufand dollars, con-
ditioned for the faithful difcharge of -the duties required of them : And the faid clerks
fhall in virtue of their offices be juftices of the peace, fo far as to adminifter all oaths
appertaining to the bufinefs of their office.
Httoaftai 3^* ^n^ ^e itfurther enabled, That no clerk of a court or other perfon employed
attorney. jn hjg office, fliall a£t as attorney in his own name, or the name of any other perfon?
or be allowed to plead or pracliie in fuch courts, during the time he fhall be employ-
May be cierks ed in fuch office: And that the fame perfon may be clerk of the fuperior and inferior
court of the fame county: Provided, That nothing herein contained lhall extend to
prevent any officer of the court from profecuting or defending any fuit to which he
is a party.
LAW DEPARTMENT.
state's attorney 2>7 • And be it further enabled, That it fliall be therluty of the flate's attorney and foli-
theirsduty.ors' citors, or one of them, toprofecute all delinquents for crimes and other offences, cog-
nizable by the faid courts, and all civil actions in which this ftate fhall be concerned,
and to give advice or opinion in writing to his excellency the governor, in queftions
of law in' which the ftate may be interefied. And in cafe it mould fo happen, that
neithet the flate's attorney or folicitors, or either of them, can attend the faid courts,,
then the judge prefiding may, and he is hereby authorized and required to appoint
JUDICIARY SYSTEM. 303
fotne attorney at law, to prepare and profecute the endiftments and other bufinefs of
the ftate; and fuch perfon fo appointed {hall be entitled to the fame fees and emolu-
ments therein, as the ftate's attorney or folicitors would have been entitled to.
JURIES.
38. And be it further enacted. That the clerks of the fuperior courts of the re- juries,
fpetlive counties, mall procure from the tax collector of fuch county, and furnifh
to the court (within two months) a lift of perfons liable and qualified to ferve as grand
and petit jurors, agreeable to the qualifications herein after prefcribed; and all free
male white citizens above the age of twenty-one years and under fixty years, are Their quaima*
declared to be qualified and liable to ferve as petit jurors for the trial of all civil
caufes for recovery of debts or damages, to any amount whatfoever; but no per-
fon (hall be capable to be of a jury for the trial of treafon, felony, breach of the
peace, or any other caufe of a criminal nature, or of any eftate of freehold, or of
the right or title to any lands or tenements, in any court of record within this (late,
who mail not be qualified to vote at elections for members of the legiflature; and if
any perfon not qualified as aforefaid, fhall be returned on any jury, he fhall be dif-
charged on the challenge and proof thereof, of either of the parties to fuch fuit, or
on his own oath of the truth thereof: Provided, That no exception againft any ju-
ror, on account of his qualification, fhall be allowed after he is fworn.
39. And be it further enabled, That the clerks of the feveral courts are required Howtobe
in prefence, or under the direction of the judge or judges of fuch court, to regulate dr2Vvn"
and correct the feveral jury lifts annually, by particularly fpecifying in diftinel columns,
the perfons mod able, difcreet and qualified as herein mentioned to ferve as grand
jurors; which lift fo corrected, fhall be committed to the fafe keeping of the clerks
of fuch courts refpeclively ; and the clerks of fuch courts {hall immediately after re-
ceiving fuch lifts, fairly enter the fame in a book for that purpofe, to be provided
by fuch clerk (at his own expence) diftinguifhing in feparate columns the perfons fe-
lecled to ferve as grand jurors; and thofe for the trial of civil and criminal caufes as
aforefaid; and the names of the perfons fo fele6ted fhall be written on feparate pieces
of paper, and put into the different apartments of a jury box, to be provided by
the clerk at the public expence, in the conftruftion and manner herein after prefcribed,
to wit : There fhall be an apartment in the faid jury box, marked No. 1, in which
mall be placed the names of all the perfons felected to ferve as grand jurors; and
another apartment, marked No. 2, into which fhall be placed the names of all the
perfons felefted for the trial of civil and criminal caufes as aforefaid; which box
fhall be kept locked, and no jury fhall be drawn or empannelled, but in the pre-
fence of one or more of the judges and clerk of the court; nor fhall any clerk of
the court, or other perfon having the cuftody of the jury box, prefume on any pre-
tence whatfoever, to open the faid jury box, tranfpofe or alter the names, except
it be in the prefence of the judge or juftices officially attending for the purpofe of
drawing jurors, or correcting the lifts, under penalty of being dealt with in the man-
ner herein pointed out for mal-pra£Hce in office.
40. And be it further enacted, That the faid judge or juftices and clerk of the court, Not iess than
or perfon having cuftody of the key, fhall previous to the adjournment of any fupe- S^tSS.
rior court, or at leaft two months prior to the fitting of the next court, caufe to be ro«Xi;iandJU"
drawn out of the apartment of the faid box marked No. 1, not lefs than twen-
ty-three, or more than thirty-fix names as grand jurors ; and out of the appartment Notlessthan
marked No. 2, not lefs than forty-eight or more than feventy-two names as pe- SS'SSV?
tit jurors, for the trial of civil and criminal caufes as aforefaid ; which names fo drawn J^jSSSJ l4'
304
JUDICIARY SYSTEM.
Grand jury to
consist of not
]e<s than eigh-
teen or more
than twenty-
three.
Juries may he
drawn by the
inferior court.
And jnminon.
td by the she-
riff.
Ten days be-
fore court.
Form of the
summons
out fhall after an account is taken of them, at each term or time of drawing, be care-
fully rolled up again, and depofited in the two other apartments to be provided in
fuch jury box, marked No. 3, and 4, to wit: The names of the grand jurors in the
divifion No. 3, and the names of the petit jurors in the divifion No. 4; and when all
the names mall be drawn out of the apartments No. 1, and 2, aforefaid, they (hall
then commence drawing from the apartments No. 3, and 4, and return them into the
Nos. 1, and 2, and fo on alternately,
41. And be it further enabled, That no grand jury (hall confift of lefs than eighteen
or more than twenty-three, but twelve may find a bill or make a prefentment, and
that the names of the feveral jurors to be drawn as aforefaid mall immediately after
they are drawn out, be entered by the clerk on the minute book of fuch court; and if
it fhall fo happen, that from any unavoidable circumftance the judge mail not attend
at the time appointed for holding the fuperior court of any county, he mall neverthe-
lefs attend in perfon for the purpofe of drawing jurors, or mall tranfmit to the juftices
of the inferior court of fuch county a requeft in writing, that they, or any two
of them, attend at the clerk's office, on fome convenient day, at leaft two months
preceding the next term, for the purpofe of drawing grand and petit jurors in man-
ner herein before directed; and the faid judges of the fuperior courts are declared to
be refpofible for the legal and regular drawing of juries in the refpe&ive circuits in
which they may prefide: And in cafe of fuch unavoidable circumftance, fpecially Ma-
ted by any judge of the fuperior court, the faid juftices, or any two of them, fhall
and are hereby required to conform to fuch requefts, by attending and drawing juries
agreeably to this acl: Provided neverthelefs, That where juries have already been
drawn in any county for the next term, under the late judiciary acl, fuch juries fhall
{land over, and be confidered as the legal juries under this law.
42. And be it further enabled, That the clerk of the court fhall annex a pannel of
the jury containing the names of the perfons drawn to ferve on the grand inqueft,
exactly tranferibed from the minute book to the precept for fummoning fuch grand
jury ; and fhall alfo annex another pannel containing the names of the perfons drawn
as petit jurors for the trial of civil and criminal cafes, exaclly tranferibed as aforefaid,
to the precept for fummoning the petit jurors, in the mendatory part of which pre-
cept fhall be written the words following, viz. " The leveral perfons named in the pan-
nel hereunto annexed," which precept with the feveral pannels annexed as aforefaid,
mall be delivered by the clerk of the court within three days after the drawing of fuch
juries as aforefaid, to the fheriff of the county or his deputy.
43. And be it further enacted. That the fheriff or his lawful deputy for the time
being, upon the receipt of any precept for fummoning grand or petit jurors, fhall
.caufethe feveral perfons whofe names are written in the pannel thereunto annexed, to
be ferved with a furnmons, at leaft ten days before the fitting of the court for which they
are drawn and empannelled; which furnmons fhall be in the following words, or words
to that effeSt : " By virtue of the precept to me directed, you are hereby command-
ed to appear before the judge of the fuperior court, at the next fuperior court, tq be
held at the court-houfe in and for the county of; — — -, on the day of - — — , at ten
o'clock in the forenoon of that day, to be fwornon the grand jury (or as a juror for the
trial of civil and criminal caufes then and there depending, as the ca fe may be):" which fhall
be figned by the fheriff or his lawful deputy for the time being; which fheriff or lawful
deputy aforefaid, fhall make return of all fuch precepts, in each of which he fhall fet
forth the names of all fuch perfons as fhall have been fummoned by virtue of fuch
writs or precepts? and the time when they were fummoned, and alfo the names pf the
JUDICIARY SYSTEM. 3°S
perfons whom he may not have fummoned, together with the reafons why they were
not fummoned on pain of being fined by the court.
44. And be it further enabled, That the clerk of the court mall make due entry in DefituWngj0.
the minute book of fuch court of the appearance of all jurors, and fhall likewife enter ror'-
and make report of the names of ail fuch as fhall make default in appearing; that if
any perfon who (hall be drawn, empanneiled, fummoned and returned to ferve as ju-
rors at any court as aforefaid, fhall negled or refufe to appear, or after appearance
ihall refufe to ferve, or fhall abfent himfelf without leave of the court, then and in
that cafe, it fhall be lawful for the court to fine fuch perfon, if a petit juror, in a
!IF
dollars
iol-
_ «ii
of fuch court, within thirty days after opening the faid court; the merits of which ex-1
cufe fhall be determined by the next fucceeding court ; and when from challenge or
otherwife there fhall not be fuffjeient number of juiors to determine any civil or
criminal caufe, the court may order the fheriffor his deputy, to fummon by-ftanders
or others, qualified as herein before required, for the trial of fuch caufe or caufes, fuf-
ficient to complete the pannel; and when the fherifT or his deputy are difqualified
from acling in the manner herein cxprefled, jurors mall be fummoned by the coroner,
or fuch other difinterefted perfon as the court may appoint.
45. And be it further entitled, That the oath to be adminiftered to petit jurors in qath oftnep*
civil cafes fhall be in the form following : " You (A. B.) fhall well and truly try the tic jurors-
caufe depending between the parties at variance and a true verdicl give according to
evidence : So help you God."
SHERIFFS.
46. And be it further enabled, That the fheriffs of the feveral counties ihall attend sheriffs, thj&
the fuperior and inferior courts in the refpeQive counties when fitting, and by themfelves dutT'
or deputies, execute throughout the counties all writs, warrants, precepts and procef-
fes directed to them, and iffued under the authority of any judge or jufticeof the faid
fuperior or inferior courts or the clerk of either of the courts ; and the faid fherifFs
or their deputies fhall have power to command allneceflary afiiftance in the execution
of their duty, and to appoint, as there mall be occafion, one or more deputies ; and
before any fheriff mail enter upon the duty of his appointment and being commiffion-
edby the governor, he fhall be bound for thefaithful performance of his duty, by him-
felf and his deputies before any of the faid judges, to the governor of the ftate for the
time being, and to his fucceffors in office, jointly and feveraily with two good and fuf- Klcur^y.
ficienl fecurities, inhabitants and freeholders of the county, to be approved of by the
juftices of the inferior court or any three of them in the fum of twenty thoufand
dollars, and the faid bond fhall remain in the office of the clerk of the fuperior court,
of fuch county, and may be fued for by order of the faid court, for the fatisfaQion of
ihe public or perfons aggrieved by the mifcondutt. of the fheriffor his deputy, and the
faid fheriff mall take and fubferibe the following oath, before one of the judges of the
fuperior, or juftices of the inferior courts, and the fame fhall be entered on the min-
utes of the faid court, before fuch fheriff fhall enter on the duties of his office, to wit :
*6 I do folemnly fwear (or affirm as the cafe may be) that I will faithfully execute all -rudr o*ta.
writs, warrants, precepts, and proceffes directed to me as fheriff of the county of
* and true returns make, and in all things well and truly, and without malice or
partiality, perform the duties of the office of fheriff of t* — 4 — during my contin.-
30S JUDICIARY SYSTEM..
uance in office, and take only my lawful fees : So help me God." And an oath to
the fame purport (hall be taken by each of the deputies of the faidfheriffin like manner.
47. And be it further enacted, That in cafe of the death of either of the (aid fhe-
condudotthe Yt^h tne deputy or deputies (hall continue in office, unlefs otherwife fpecially remo-
ihcir deputies. vec)5 and execute the fame in the name of the deceafed, until another fheriff be ap-
pointed and qualified; and the defaults and misfeafance in office of fuch deputy or de-
puties in the mean time, as well before as after the death of fuch fheriff, lhall be ad-
judged a breach of the condition of the bond given as before directed, by the fheriff*
who appointed fuch deputy or deputies; and the executor or adminiftrator of the de-
ceafed Iheriff, mall have the like remedy for the mifconduci, or misfeafance, or de-
fault in office of fuch deputy or deputies, during fuch intervals, as he would be en-
titled to if the fheriff had continued in life, and ■ in the execution of his. office, until
his fuccelfor was appointed and fworn. • , .
48. And be it further enabled, That the fheriff of each county fhall, at the expira-
4hfheiur".c0ce"tion of his appointment, turnover to the fucceeding fheriffs, by indenture and fche-
nl'hedbusi- dule, all fuch writs and proceffes as fhall remain in his hands unexecuted, who fhall
coipkwtthe3 duly execute and return. the fame; and in cafe any fheriff fhall neglecl or refufeto
turn over fuch procefs in manner aforefaid, every fuch fheriff fo neglecting or re-
futing, mail be liable to make fuch fatisfaction, by damages and cofts, to the party
aggrieved, as he, me or they, fhall fuftain by reai'on of fuch negleft or refufal; and'
every fheriff, at the expiration of fuch his appointment, fhall alio deliver up to his fucef-
for the cuftody of the jail, and the bodies of fuch perfons as fhall be confined therein,
with the precepts, writs or caufes of fuch detention j and fuch fucceeding fheriffs fhall
be empowered and required to fell and carry into effecl any levy made by his predeceffors
in office, in like manner as fuch fheriff could have done had he continued therein, and
fhall make titles to the purchasers for all the property fold under execution, and not
conveyed by his predeceffor.
49. And be it further enacted, That the fheriffs of the feveral counties in this ft ate,
sheriffs, m lhall have like powers and authorities, and they, and their under fheriffs and jailors,
juble."5" conftables and other officers belonging to the court, be liable to all actions, fuits, pe-
nalties and dif abilities whatfoever, which they or either of them may incur for or on
account of the efcape of prifoners, or for or in refpe6t of any other matter or thing
whatfoever^ relating to or concerning their refpeCtive offices, in the fame manner as
they have heretofore been liable by laws in force in this ftate; and no fheriffs, under
fheriffs, deputy or other fheriff's officer fhall acl as an attorney at law, in his own name
atto"nneylaaasor in the name of any other perfon, or be allowed to plead or praftife in any of the
courts of this ftate, during the time he is in fuch office.
50. And be it further enacted, That the fheriff lhall be liable either to an aftion on
.vesicate, the cafe, or an attachment for contempt of court, at the option of the party, where-
forcuXmpt. ver it fhall appear that he hath injured fuch party, either by falfe returns, or by ne-
glecting to arreft the defendant, or to levy on his property, or to pay over to the plain-
tiff or his attorney the amount of any fales which fhall be made under or by virtue of
any execution, or any monies collected by virtue thereof.
51. And be it further enacted, That if any fheriff, or his deputy or under fheriffs,
eVnmamenttforma^ ^e guilty of extortion or other mal-praftice in the execution of his office, upon
^if>iprailicc in complaint made on oath to the ftate's attorney or folicitors, it fhall be the duty of
fuch attorney or iblicitor to exhibit a bill of endiclment againft the perfon fo offen-
ding, who, upon conviction thereof, fhall be fined by the court in treble the amount
which he may have extorted from anv perfon? which fhall be applied, one moiety to
JUDICIARY SYSTEM. &07
the injured perfon, and the other moiety to the ufe of fuch county, and fliall like-
wile be removed from office, and fuffer fuch other punifhments as the law directs.
52. And be it further enabled, Whenever the fheriff of any county within this
(late, mall fail to make proper return of all writs, executions and other procefs put r„ what cases
into his hand, or (hall fail or neglect to pay up all monies received on fuch execu- or attachment.
tions, on his being required by the court fo to do, he fhall.be liable to an action as
for contempt, and may be fined, imprifoned or removed from office, in the manner
prefetched by the conftitution. And removable
SPECIAL POWERS OF SUPERIOR COURTS. tafc
53. And be it further enacted, That the fuperior courts in the feveral counties,
fliall exercife the powers of a court of equity, in all cafes where a common law reme- Ke^.'
dy is not adequate, to compel parties in any caufe to difcover on oath, ail requifitenorcouu'
points neceffary to the inveftigation of truth anq1 juftice, to difcover tranfactions be-
tween co-partners and co-executors to compel diflribution of inteftate eftates and
payment of legacies, and to difcover fraudulent tranfa61ions for the benefit of
creditors, and the proceedings in all fuch cafes fhall be by bill, and fuch oth-
er proceedings as are ufual in fuch cafes until the fetting down of the caufe for trial,
and the courts fliall order the proceedings in fuch manner, as that the fame fhall be
ready for trial at funheft at the third term from the filing fuch bill inclufive, unlefs ve-
ry fpecial caufe be fhewn to induce the court to continue the fame which fhall not
extend to more than four terms. And all fuch bills fhall be read and fanclioned by one
of the judges, and a copy thereof ferved on the oppofife party at lead thirty days be-
fore the filing of fuch bill in court, and the party againft whom fuch bills fhall be hied,
fhall appear and anfwer to the fame at the next court, and if he, fhe or they, fliall
fail to do fo, the facls in the faid bill fliall be taken pro confeffo, and the court may
proceed to decree as to juftice, fliall appertain.
54. And be it further enabled, That where either party in any caufe in any inferi-
or court fliall take exceptions to any proceedings in any cafe, affecting the real mer- Exceptions
its of fuch caufe, the party making, the fame fliall offer fuch exceptions in writing, th™pVriffB
which fliall be figned by bimfelf, or his attorney, and if the fame fliall be overruled by cm"™;.
the court, it fhall and may be lawful for fuch party on giving twenty days' notice to "
the oppofite party or his attorney to apply to one of the judges of the fu-
perior court, and if fuch judge fliall deem the faid exceptions to be fufficient, he
fhall forthwith iffue a writ of certiorari directed to the clerk of fuch inferior court, re-
quiring him to certify and fend up to the next fuperior court to be held in the faid
county, all the proceedings in the faid caufe, and at the term of the fuperior court to
which fuch proceedings fliall be certified, the faid fuperior court fliall determine
thereon, and order the proceedings to be difmiffed, or return the fame to the faid in-
ferior court with order to proceed in the faid caufe.
55. And be it further enabled, That the faid fuperior courts fhall have power to star correa
correct errors, and grant new trials, in any caufe depending in any of the faid fupen- g?fn'ew
or courts in fuch manner and under fuch rules and regulations as they may eftablifh,
and according to law, and the ufages and cufloms of courts.
56. And be it further enabled, That when a caufe fliall be committed to a fpecial
jury, the oath to be adminiftered fliall be in the words following, to wit : You fhall oath of the
well and truly try the caufe now depending between [A. B.) plaintiff and (C. D.) de- specialjuiy'
fendantand a true verdict give, according to equity and the opinion you entertain of
the evidence produced to you to the belt of your fkill and knowledge, without favor
2
3oS
TrovUo,
flow to be con
dueled.
Ann'.iAl con-
vention of the
judges at Lou-
isville on the
id Monday in
January.
Testimony to
be perpetua-
ted.
Judges to
.alternate.
Repealing
clause.
JUDICIARY SYSTEM.
or affettson to either party : So help you God." And the fame oath to be ad-
mini tiered to juries on appeals.
57 . And be it further enacted, That in any cafe which has arifen fince the figniW
the prefent conftitution, or which may hereafter arife of a verdict of a fpecial jury be-
ing given contrary to evidence and the principles of juftice and equity, it mall and
may be lawful for the judge prefiding to grant a new trial before another fpecial
jury, in the manner prefcribed by this aft : Provided, That twenty days' notice be
given by the party applying for fuch new trial to the adverfe party of his intention
and the grounds of his application. And the faid judge (hall in all cafes of applica-
tion for new trials, or correction of errors, enter his opinion on the minutes of the court
for his determination on each refpeclive cafe.
58. And be it further enacted, That all new trials mail be had by a fpecial jury
to be taken from die grand jury lift of the county, and (truck in the prefence of the
court, in the following manner : The clerk (hall produce a lift of the original panncl
of grand jurors returned to the term in which fuch trial fliall be had, from which the
parties or their attornies fhall alternately ftrike out one until only twelve mail remain,
who fhall forthwith be empannelled and fworn to try the caufe ; and in all cafes the
party applying for fuch new trial fhall ftrike firft ; and in cafe of refufal in either to
ftrike, on the calling of the caufe, the judge prefiding fhall order fome officer of the
court or other, perfon to proceed to ftrike the faid jury in the fame manner as the par-
ty refuting might or could have done. And it (hall be the duty of allperfons fum-
moned on the grand jury, to attend the courts for the purpofe of determining fuch
new trials, whether they be fworn on the grand jury or not.
59. And belt further enacted, That the judges of the fuperior court fliall meet at
the feat of government annually, on the fecond Monday in January, for the pur-
pofe of forming rules and regulations for the government or more orderly proceed-
ing in faid courts, for determining on fuch points as may be referved for argument,
and which may require an uniform decifion, and to give their opinions on all confti-
tutional queftions which may be referred to them by the executive department; and
the faid judges, or any of them, fhall have power to perpetuate teftimony on fuch
terms and in fuch manner as is ufually praclifed in courts of equity.
60. And be it further enacted, That the faid judges fhall prefide alternately in each
of the faid circuits or diftri&s.
REPEALING CLAUSE AND PROVISO.
61. And be it further, enacted, That the acl, entitled " An a£t to revife and amend
the judiciary fyftem of this ftate," paffed at Louifville, oathe ninth day of February,
one thoufand feven hundred and ninety-feven, from the firft to the fixty-feventh
claufe, inclufive, be and the fame is hereby repealed: Provided neverihelefs, and be
it further enacted, That the faid recited aQ: fhall continue in force, fo far as relates to
proceedings which originated under it; and that any perfon or perfons who has or
have applied for an appeal from any verdiQ; rendered in any caufe tried fince the
figning of the conftitution, in either of the fuperior or inferior courts of any of the
counties in this ftate, and offered to pay coft and give fecurity, agreeably to the faid
recited a£t, fhall be, and they are hereby declared to be entitled to have fuch appeal
entered on the appeal docket of the fuperior court, in the county where the firft trial
was had, on payment of cofts and entering fecurity, at any time prior to the firft day
of the next term, in cafes where the fame has not been done; and it fhall be the duty
of the faid fuperior court to call and try the fame before a fpecial jury of the county,
in the order it ihall or may ftand on the docket, in manner pointed out by the faid
LANDS AND TENEMENTS. 8°9
aft; and all fuits returned in any of the faid courts prior to figning the conftitution,
fhall be tried, and appeals fhall be allowed and.tried, in conformity to the provifions
of the faid aft: And provided alfo, That nothing herein contained fhall prevent any
perfon or perfons aforefaid, from applying for a new trial, if he, fhe or they may
think proper, which the judges, or one of them, fhall grant, if the fame can be done
on proper and legal grounds, as in cafes arifing under this aft. That no juftice of *£&$£
the peace (hall fuftain or try any fatisfaaion in damages for any trefpafs on the per-pass"
fon or property of fuch plaintiff.
62. And be 'it further enatted. That his excellency the governor, on application of »re
either party to a caveat depending before him, fhall have power to iffue commiffions ^govcm*.
to obtain evidence neceffary for the deiermination of fuch caveats.
, DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
ROBERT WALTON, Prefident of the Senate.
Affented to February 16, 1799.
JAMES JACKSON, Governor.
LANDS AND TENEMENTS.
An at~l for ejlablifhing and confirming the titles of the fever al inhabitants of this pro-
vince to their refpeBive lands and tenements.
1. TT'ORASMUCH as many fuits and contefts may arife by means of pretended preamble.
A ancient titles to lands and tenements, derived from and under the late lords
proprietors of Carolina, the conditions of which titles have not been complied with,
and the lands have fince been resranted: for remedy and prevention whereof, Be it Grants or the
r r 1 ■ rrrrjri trustees and Ql
enacted, That all and every perfon and perfons, that are now pofieued of or do hi3 nwi*^
hold any lands or tenements whatfoever within the faid province of Georgia, by and
under grants from the late honorable truftees for eftablifhing the colony of Georgia,
or by and under grants from his majefty, obtained fince the furrender of his charter of
the faid truftees, are hereby eftabliftied and confirmed in the poffeffion of their feveral
and refpeftive lands and tenements; and fuch grants thereof are hereby accordingly
ratified and confirmed, and declared to be good and valid to all intents and purpofes
whatfoever, againft all, and all manner of perfons claiming any eftate or intereft
therein, by and under the faid lords proprietors of Carolina, or by or under any
former grants, obtained before the date of his majefty's charter to the faid truftees for
eftablifhing the colony of Georgia, any aft, law or ftatute to the contrary notwith-
{landing.
By order of the Upper Houfe.
PATRICK HOUSTOUN.
By order of the Commons Houfe of Affembly.
DAVID MONTAIGUT, Speaker.
Council Chamber, 24th No vember, 1759.
Affented to.
HENRY ELLIS,
3to LANDS AND TENEMENTS.,
An act for the better fir engthening and fettling this province, by compelling the fever al
perfons who claim to hold lands within the fame, under any grant or grants from his
majefly, witneffed by the governor of South-Carolina, to bring or fend into this pro-
vince a number of white perfons, or negroes, in proportion to the lands they claim to
hold, agreeably to his majeflys royal inflrutlions for granting lands, and to cultivate
and improve the fame; and for better afcertaining the f aid fever al tratls of landy
by regulating the furvcys and marking the lines thereof^ and recording thefeveral
plats in the furvcyor generals office; alfo for regiflering and docketing fuch grand
in the other proper offices in this province.
i. ^^THEREAS fun dry perfons hold or claim to hold great tra&s and quantities
V V of very valuable lands to the fouthward of the river Alatamaha, within
this province, by virtue of or under grants from his majefty, witneffed by the go-
vernor of South-Carolina, on pretence that thofe lands were then in the faid province
of South-Carolina. And whereas it will be highly prejudicial to this province, in
cafe the faid grantees do not bring or fend into the fame a number of white perfons
or negroes, in proportion to the lands they hold or claim to hold as aforefaid, agree-
able to his majelty's royal inftruclions for granting lands, in order to cultivate and
improve the fame, or other lands within this province:
And whereas the furveys, or pretended furveys of the faid lands, or the greateft
part thereof, were made with fo much precipitation, that from various informations
received, it appears very few, if any of the faidtracls of land were actually furveyed,
or the lines run, and trees marked, agreeable to the ufual and (landing inftru&ions in
that particular, and which is abfolutely neceflary for afcertaining the fame, by reafon
whereof not only great frauds and abufes may be committed as well with refpecl to
his majelty's rights, as in diminution of the public or provincial tax, but alfo for
want of the lines being aclually run and marked, the taking up and improvement of
the other lands contiguous to thofe granted in Carolina as aforefaid, is greatly ob-
ftructed ; 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 any wife be difcovered, or afcertamed ; 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 iffucd by the governor of
this province, to or for any perfon or perfons duly qualified to obtain the fame;
wherefore for remedy of all frauds, abufes, injuries, and inconveniences in and about
the premifes : Be it enacted, That all and every perfon and perfons whatfoever to
*"dR/w!taeL whom any lands now within this province, have been granted by any grant or grants
venorofsiuth from his majefty witneffed by the governor of South-Carolina, or their heirs and afligns
sout^'of'ti.e0 refpeciively, and all otherswhatfoever,holding,orclaiming toholdany lands within this
ha,ehoWatoIbp" province under fuch grants as aforefaid, fhall and do within fix months from and af-
jmd estahiilh- ter his majefty 's royal approbation of this afcl {hall be received by the governor or com-
mander in chief of this province for the time being, or notified to him and publifhed
in the gazette of this province, appear before the faid governor or commander in
chief in council, in their own proper perfons, or by their attorney or attornies lawful-
ly conftituted and appointed, and fhall produce his, her and their grant, or grants for
from, or under them fhall be null and void, and the lands lb held, or claimed to be
any lands fo held or claimed to be held by him, her or them as aforefaid ; and if fuch
grantee, or grantees or thofe claiming under them fhall appear perfonallyj then he, me or
they , fhall make proof upon oath, and in fuch other and further manner as may be required
tothefatisfactionof the faid governor or commander in chief and council, that he, me or
LANDS AND TENEMENTS. 3u
they, rcfpecHvely have within this province, a family of white perfons or negroes,
amounting in the whole to the number of one perfon for every fifty acres of land con-
tained in their respective grantor grants (allowing an hundred acres for the mafter or
head of fuch family if he mail be come to fettle within this province) agreeable to his
lijajefty's royal inftruCtions for granting lands to any of his fubjects in this piovince.
And (hall alio prove upon oath, and give fuch further fatisfaction and aflurance to the
laid governor or commander in chief and council as they fhall require, that the ne-
groes fo brought into this province by him, her, or them, are brought bona fide, with
an intention to fettle and improve the lands, fo held, or claimed to be held by him,
her, or them, or to cultivate and improve other lands within this province, and nut
with any fraudulent, or fecret intention of removing them, or any of them back, or
carrying them, or any of them out ofthefaid 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.
2. And be it further enabled by the authority afore/aid. That if fuch grantee or gran- such grantee
tees, or any or either of them, their heirs or affigns, or any other perfon or perfons thd'|*am£
whatfoever, holding or claiming to hold any lands within this province, under fuch an^lvlfta
grants as aforefaid, (hall appear by his or their attorney or attornies, that then and jntae£0Ver
fuch cafe, every attorney or attornies fhall and do not only produce the grant or
grants of his and their conftituent or conftituents, but alfo an affidavit made by fuch
conftituent or conftituents refpeftively, in the form following, that is to fay : " J, A. B. Formoftbe
of (infer ting the perfon's name and place of abode) do folemnly and fincerely fwear inafildavlt'
theprefenceof 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 admiflion, or allowance of my
qualification (as required by the aft. of affembly of the faid province in that cafe
made and provided) in fupport of my grant from his majeity, witnefled by the go-
vernor of South-Carolina, for (infert the quantity) acres of land, to the fouthward of
the river Alatamaha, in the faid province of Georgia, and after having ib obtained
fuch admiffion or allowance of my qualification as aforefaid in fupport of the faid
grant, then fraudulently to remove the faid negroes, or any of them, back again, or to
carry or fend them, or any of them out of the faid province : So help me God;"
and which faid oath fhall be made and taken by every fuch perfon and perfons as
aforefaid, before the chief juftice of the faid province of South-Carolina, for the time
being, or one of the affiftant judges in the faid province, and fhall be attefted by fuch
judge, and have a teftimonial under the great feal of the faid province, in the manner withate,ti.
ufually done in cafes of affidavits, transmitted to be made ufe of as proof or evidence jp^tf^of
in other provinces and places ; and after being produced before the governor or com- na^nexS!1"
mander in chief of this province in council as aforefaid, the faid affidavit and affidavits
fnall be lodged and remain with the clerk of the council, and on all future occafions
"whatever, 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 attorjiies, fhall alfo give fuch further fatisfaftion and affurances, as the go-
vernor or commander in chief and council fhall require.
Provided neverthelefs, That where any of the faid grantees, or thofe claiming un-AbOTlErjn.
der them, during the time allowed for producing his? her or their grant or grants? and teesexPe;leti'
gi'a LANDS AND TENEMENTS.
performing the feveral other matters and things hereby required, (hall be abfent from
the fa id province of South-Carolina, in Great-Britain or elfewhere, that then fuch ab-
fent perfon or perfons, may be permitted to give proof of, and in the premifes afore-
faid, 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 required to be made in, and
produced under the leal of the province of South-Carolina ; and in all other refpeQs
to"do and perform as is herein required of thole who actually refide in South-Carolina,
and yet appear by attorney, any thing herein contained to the contrary notwithftand*
in 2.
where .mj \a 3. And be it further enacted by the authority aforefaid, That upon the qualification
quaMcatforjs of any fuch perfon or perfons as aforefaid, for the lands contained in any fuch grant
»bf receded, or grants, being admitted and allowed of by the faid governor or commander in chief
and council, all and every fuch perfon and perfons (hall and do, within three months
from the time of allowing and admitting fuch qualification, record his, her or their
plat or plats in the furveyor general's office, and regifter his, her or their grant or
grants in the regifter's office, and alfo enter a docket thereof in the auditor's office
in this province. And if any of the faid grantees, their heirs or afligns, or others
claiming by, from or under them, fliall refufe or neglect, either perfonally, or by
his, her or their attorney or attornies as aforefaid, to produce his, her or their grant
or grants, within the faid term of fix months as aforefaid, from and after his majef
ty's royal approbation of this acl, 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 attor-
ney or attornies as aforefaid, to make proof and give fuch affurance as aforefaid, to
the fatisfaclion of the faid governor or commander in chief and council as aforefaid,
with refpeel 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 in any, or either of the faid cafes
of refufal or neglecl to do any or either of the matters and things herein and hereby re-,
ah grants de- quired, the faid grant, and grants fliall be null and void, and the faid lands fo held or
forrfdteVdmand claimed to beheld by fuch perfon or perfons refpc&ively, is hereby exprefsly declared
comepiyrwith to be forfeited to, and revefted 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 of this pro-
vince for the time being, with the advice of the council, to order warrants for furvey-
ing, and to proceed to grant the fame to any perfon, or perfons whatever purfuant to
his majefty 's royal commiffion and inftruQion for that purpofe.
lands impro- 4- -And be it further entitled by the authority aforefaid, That if on producing the
t£ be .eusrur^ed faid grants or any or either of them, it fhall appear by the plats annexed to the fame,
and certified by the furveyor general of South-Carolina, that the faid lands have not
been actually furveyedand admeafured, the lines and trees thereon not being fet down
and marked according to the direction of the ufual and ftandjng inftruclions given for
furveying and admeafuring lands, and for marking the lines and returning the plat$
thereof; or if the faid governor or commander in chief andcouncil fhall have any other
caufe or reafon to 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
LANDS AND TENEMENTS. 313
docketed in die offices aforefaid, it fhall and may be lawful for the governor or
commander in chief in council, to order the faid lands to be refurveyed, and every fuch
Uaftof land fhall within fix months thereafter be accordingly refurveyed by the furvey-
or general of this province, or fuch perfon or perfons as he (hall appoint at the ex-
pence, cofts, and charges of the refpeftive grantees, or thofe claiming to hold under
them, fo that the fituation and quantity of land fpecified in fuch grant may be known
and afcertained, and that all frauds and abufes and other inconveniences may be
prevented.
5. And it is hereby further enabled and declared by the authority aforefaid, That ifj?rrJ[ftohbe
any perfon or perfons whofe plat or plats annexed to hisj her or their grant or grants vuld-
mall appear irregular and defective as aforefaid, or who fhall for any other caufe or
reafon, by order of the governor or commander in chief in council, be directed to
get the lands they claim to hold refurveyed as aforefaid, fhall refufe, neglect or de-
lay to caufe and procure fuch refurvey to be made and returned into the faid fur-
veyor general's office, within the time limited as aforefaid, for that purpofe, that, then
and in every fuch cafe, the faid grant and grants for the lands fo held, or claimed to
be held by fuch grantee, or grantees refpefc'tively, 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 refpeftively, is hereby exprefsly declared to be for-
feited to, and revetted in his majefty, his heirs and fucceffors, and fhall from thence-
forth be deemed, held, and taken to all intents and purpofes as vacant land, and it
fhall and may be lawful to, and for the governor or commander in chief of this pro-
vince, for the time being, with the advice of the council to order warrants for furvey- And maybe »•
ing, and to proceed to grant the fame to any perfon or perfons whatfoever, purfuanteranted*
to his majefty's royal commimon and inftructionsfor that purpofe,
6. Andhbe it further enacted by the authority aforefaid, That neither this aft, nor any -fhisaasuspen'i
thing therein contained fhall be of any force or effect, .but the fame wholly fufpended, jMty^prSj"
until his naoft facred majefly's royal approbation and allowance thereof fhall be figni-tlun'
fied to the governor or commander in chief of this province, for the time being, any
thing herein before contained to the contrary thereof in any wife notwithstanding.
By order of the Upper Houfe.
JAMES HABERSHAM, PrefidenL
By order of the Commons Houfe of Affembly.
ALEXANDER WYLY, Speaker.
.Council Chamber, March 25, 1765.
Aflented to. JAMES WRIGHT,
An at~l to prevent frauds and abufes in the admeafuring and laying out his majeffs
lands in this province.
I. "\ 7t 7HEREAS frauds and abufes have been committed in admeafuring, and preamb«.
V V laying out his majefty's lands in this province, owing to the praftice of bearing
the chain by negroes, and by white perfons not fworn to the faithful performance of
that fervice,on thefeveral furveys which the deputy furveyors are employed in; where-
by it often happens, that the quantity of land directed to be laid out by the warrant of
furvey, doth, in the field far exceed the number of acres reprefented by the plat, re-
3M LANDS AND TENEMENTS.
turned to be annexed to the grant of fuch land, and tends to defraud the public of the
taxes, and his majefty of his quit rents, on the furplus meafure of fuch incorre6t and
unjuft furveys, which abufe in many inflances, is not in the power of the furvevor
general, or his deputies timely todeteft: to prevent- therefore the like injurious prac-
tices for the future, and for the better enabling all furveyors to be exac~t in their fur-
totin6"omebJ veys? £e it enicted, That after two months from the paffing of this a6t, no furvey -
survfy.rs. or fjiau make any furvey of his majefty 's lands without chain carriers fworn to mea-
fure juftly and exactly, according to the befl of their knowledge, and to deliver their
accounts thereof, truly to the furvevor ; which oath every furveyor in the feveral
divifions and parifhes of this province, is hereby empowered and required to admin-
ifter accordin^lv.
Deputy surrey- 2. And be it further enacted by the authority aforefaid, That all deputy furveyors
"'already appointed mall, within two months from the pafling of this act, take the
following oath before the governor or commander in chief for the time being; and
all deputy furveyors that may hereafter be appointed mail in like manner take the fame
rsich-oath. oath, before he enters on the execution of his office, viz. " I, A. B. do folemnly
and fincerely fwear, in the prefence of Almighty God, that I will, according to the
bell of my fkill and knowledge, well and faithfully execute the office of a deputy fur-
veyor, and that I will not wittingly or willingly alfent to, connive, permit or fuffer
any fraud or abufe in admeafuring or laying out lands for any perfon or perfons
whomfoever; and that I will not poftpone executing any warrant, or give undue pre-
ference to any perfon or perfons on any account whatfoever; and will in all refpecls
well and truly obferve and follow the inftru&ions given me from time to time, by his
majefly's furveyor general. So help me God."
s;,aii gh-e bond 3. And be it further enabled, That every deputy furvevor, before he enters upon
the execution of his office, (hall give bond to his majefty, with one or more appro-
ved fecurities, in the penalty of two hundred pounds fterling, for the faithful and ho-
ned performance of his office, and for the due oblervance of the inftru&ions given
imtmaionsto him by the furvevor general, which inftru&ions {hall be recorded by the faid deputy
be recorded in ' » . .... . *
the. secretary's furveyors in the fecretary's office of this province within thirty days after receiving
the fame.
orsp,"uiisfo7fdt 4- And be it further enabled, That where any undue or fraudulent furvey of lands
plun^'forfrau-ftiall be made by any deputy furveyor, fuch deputy furveyor for every fuch offence,
juient surveys. Up0n ^ ue proof inereof upon oath by one or more creditable witnefs or witneffes,
{hall forfeit and pay a fum not exceeding one hundred pounds fterling, to be fued for
and recovered with full cofts of fuit, in the general court of pleas of this province,
by action of debt, bill, plaint or information, wherein no wager of law, privilege
or protection fhall be allowed, or any more than one emparlance, which penalty fo
BewjppHeu. to De recovered fhall be one moiety to the perfon who fhall make information there-
of, and fue for the fame, and the other moiety to the party or parties aggrieved.
continuation 5- And be it further enacted. That this aft fhall continue and be in force for the
orthisatu fpace 0f three years, and from thence to the end of the next feffion of the General Af-
fembly, and no longer.
By order of the Commons Houfe of AfTembly.
ALEXANDER WYLY, Speaker.
By order of the Upper Houfe.
JAMES HABERSHAM, Prefdait,
Council Chamber, 5th March, 1765.
Affentedto. JAMES WRIGHT.
LANDS, PARTITION OF. 315
An aclto empower the general court of pleas to grant writs of partition of lands and ten-
ements held in coparcenary, joint tenancy and tenancy in common, in this province, and
appointing the method of proceeding therein.
1. T^, THERE AS it would be inconvenient in this province to purfue the method PrM«we.
V V of dividing lands and tenements by writ of partition as praclifed in Great-
Britain ; and it appears neceffary to provide a more eafy and lefs expenfive manner
of obtaining partitions.
Be it therefore enacted. That in all cafes where any perfons being of full age are petition <u
feized or lands m coparcenary, joint tenancy, or tenancy in common, or where any g^j^j*^
lands lhail defcend, or be given to any perfon or perfons whatever in coparcenary, o-bui»e<j.
joint tenancy or tenancy in common, and no provifion mall be made by will or oth-
erwifehow fuch lands, or tenements {hall be divided; it mall and may be lawful for
fuch perfons being of full age, or either of them, immediately, and alfo for any one of
fuch coparceners, joint tenants, or tenants in common, who may be under age, when5
and fo foon as he, or fhe {hall attain the age of twenty-one years, to apply to the gene-
ral court of pleas, for a writ of partition (to be deviled and framed in the faid court ac-
cording to the nature of the cafe) and in cafe he, or fhe, fo coming of age {hall neg-
lect fo to do, within the fpace of twelve months, that then the guardian or guardians of
him, her or them, remaining under age, fhall be, and he, fhe or they, is and are hereby
empowered, if he, {he or they, fhall 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 Tv,cnt,,d^,v
concerned, their agents, or attornies ; and upon any fuch application, and affidavit ^p^f^6
made of due notice having been given as aforefaid; it fhall and may be lawful for the
faid court to examine the petitioner's title and part or fhare of the premifes to
be divided, and thereupon to iffue a wrk of partition directed to any eleven perfons Writ shall issue
whom the court {hall think fit, requiring and commanding them, or a majority of $^7" piW>
them to make partition accordingly ; they being firfh fworn in court, or before one of TobC8W8ffl,
the judges, or any magiftrate, or other perfon or perfons for this purpofe nominated
and appointed by order of court, duly and impartially to execute fuch writ : And
fuch partitioned or perfons named in fuch writ, fhall give eight days' notice of the
time of executing thereof, to all the parties concerned, their attornies or agents, and
thereupon fhall proceed to make a jufl and equal partition and divifion of all fuch And make the
lands and tenements, either in entire tracls or parcels as they fhall judge to be in pro-
portion to the fhares claimed, and moft beneficial to the feveral coparceners, joint
tenants, or tenants in common, according to the beft of their knowledge ; and {hall
make return thereof under their hands and feals to the faid court within three months And return the
after the ifluing of fuch writ there to remain of record : which partition or divifion fo months under
,°. ' r their handsand
to be made lhall by the judgment of the faid court be final and conclufive to all the »^di ihall be
parties contained, any law, Itatute, ufage or cuftom to the contrary notwithstanding. ^V^f™".1
Provided always, That if the defendant or defendants, or perfon concerned, or either Twclvemonth«
of them againft whom, or their right or title, any judgment is given, fhall within the'te^tM
fpace of twelve months after fuch judgment is entered ; or in cafe of infancy, cover
ture, infanity of mind, or abfence out of the province, within one year after his, her,
or their return, or the determination of fuch inability, applying themfelves to the court
where fuch judgment is entered, by motion, and {hew a good and probable matter in
bar of fuch partition, or that the demandant hath not title to fo much as he hath re-
covered; then and in fuch cafe the court may fufpend, or fet afide fuch judgment,
and admit the tenant or tenants to appear and plead; and the caufe fhall proceed ac-
1
partition.
316 LAND ACTS.
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 firfh
judgment fhall ftand confirmed, and be good again ft all perfons whatfoever, except
inch other perfons as (hall be abfent or difabled as aforefaid ; and the perfon or per-
fons fo appealing fhall be awarded thereupon to pay cofts, or if within fuch time or
times aforefaid, the tenants or perfons concerned admitting the demandant's title, parts,
or purparts, fhall (hew to the court, any inequality in the partition, the court may award
New partition a new partition to be made in prefence of all parties concerned, (if the parties appear)
si- " notwithstanding the return and filing upon record the former ; which faid fecond par-
tition returned and filed (hall be good and firm forever, againft all perfons whatfoe-
ver, except as before excepted.
compensation 2. And be it enacted by the authority aforefaid, That the perfons making fuch parti-
Eioners. tions be allowed and paid a reafonable charge for the fame. And in the cafe the par-
Tobe awa-d- tv or Parties applying for fuch writ of partition fhall neglect or refufe to allow and
ed b>- the court. pay fuch charge,the fame mall upon application, be fettled and awarded by the court.
By order of the Commons Houfe of Aflembly.
ALEXANDER WYLY, Speaker.
By order of the Upper Houfe.
JAMES HABERSHAM, Prefident.
Council Chamber, March 26, 1767.
Affented to.
JAMES WRIGHT.
LAND ACTS.
An act for opening a land-ojzce, and for the better fettling andfrengthening thisjlale.
immbie. 1'*\ 1\ TBEREAS there remains much vacant and uncultivated land in this ftatey
V V the fettlement of which is of the higheft importance, wherefore it becomes
necefTary that all due encouragement mould be given to perfons to come and fettle in
this ftate, and by that means promote the increafe of its inhabitants : Be it therefore
enacted by the reprefentatives of the freemen of the fate of Georgia in General Affem-
»Swd*ee bly met, and by the authority of the fame, That from and immediately after the palling
of this aft, an office fhall be opened for the purpofe of applying and obtaining va-
cant lands, by perfons entitled to the fame in this ftate, under the regulations and rules
Head right*, herein fet forth, that is to fay: Every free white perfon or head of a family, fhall be
entitled to, allotted and granted him, two hundred acres* of land, and for every other
white perfon of the faid family, fifty acres of land, and fifty acres for every negro, the
property of fuch white perfon or family: Provided, the faid white perfon or family
fhall not have rights for more than ten negroes, and that they have not had land
heretofore granted them in virtue of and in right of the faid ten negroes; and the go-
Govemor shaii vernor or commander in chief for the time being, with the advice and confent of the
grant lands . -inni pn 1 1 1 i ■ i r i
executive council, mall have full power, and are hereby authorized to grant fuch
trafts or lots of land to fuch perfon or perfons fo obtaining lands as aforefaid, under
* Head rights given by ad of 1780, fed. 12, alfo by ad of 1783, fed. 1, and by ad of 1784^
fed. 3.
LAND ACTS. 317
and by virtue of this act, and he or they (hall within fix months fettle, plant, culti- ™ «££tj£ n
vate and live on the fame; or in cafe fuch perfon or perfons (hall be disturbed in time
of alarm or annoyance by any enemy, and obliged to remove from the lands lb
granted, fuch perfon or perfons fhall return to their refpettive fettlements or planta-
tions, as foon as the enemy {hall be repelled or removed, or the fituation of affairs
will permit.
2. And be it further matted by the authority afore [aid, That all and every perfon *2£^/g$.
or perfons, who heretofore have had allotments of land in the province, now ftate of
Georgia, and have continued and refided in faid ftate, and all and every perfon or Residence ;<*
O ' •' n ' 1 1 1 ■ knds not allot-
perfons who have fettled on lands not allotted or granted heretofore, inall be conti- *f sivfcsr;^f *
nued on the faid lands, and confirmed in a title thereto, in preference to any other
perfon or perfons : Provided, fuch perfon or perfons fo fettled on and pollening
fucj} lands, have rights and are entitled to have the fame granted him or them, ac-
cording to the true intent and meaning of this aft.
3.* And whereas, divers perfons who have left this ftate hold allotments, grants anfJ p*n teeshoi$i*
other claims to lands in the faid ftate, have neglected to fettle or cultivate the fame, £&6tu?™"
as particularly fpecified in their grants: to remedy which, Be it further enabled by the nlSto re-
authority aforefaid, That all fuch perfon or perfons who hold, or pretend to have in^xnimth^'
titles to fuch lands, either by allotments, grants or otherways, fuch perfon or perfons °am°e.( "
fo being entitled to land as aforefaid, fhall be publicly notified by proclamation to
return to this ftate, within fix months from and after the date of fuch proclamation,
to fettle and cultivate fuch lands, otherwife the fame fhall be, and is hereby deemed
to be vacant, and liable to be granted to any perfon or perfons applying for and en-
titled to the fame.
4. And be it further enacted by the authority aforefaid, That if any perfon or per- ^[°n™"ft\lT
fons obtaining a confirmation of former allotments of land, or fhall obtain a grant tranced tm
for lands now vacant, they, or their heirs or affigns, and fhall not continue on the residence
fame under the regulations of this act, for and during the term of five years, he or
they fhall not be allowed to affign the faid grants or allotments, and fuch alignments
are hereby declared to be invalid and of no effecl : and fuch lands fo afligned fhall be
deemed vacant, and may be re-granted to any perfon or perfons who (hall prove, to
the fatisfacYion of the governor and council, that the former poffeifors or occupiers of
fuch lands have actually left the fame, and this ftate.
5. And be it further enabled by the authority aforefaid, That no other charge or ex- two shillings
pence, except the rent of two (hillings for each hundred acres of laud as heretofore, ared-acres; and
* ' * *— ' ' fees for survey**
(hall be laid on the faid lands, but the expence of furveying and granting the fame, mgandgrant-
c • r 1 r 1 IIM- same.
for and during the (pace of one year. And the lands fo to be granted (hall be fur- "c°"dtybe s'ir"
veyed and laid out in the following manner, viz. in either a fquare or oblong figure,
the length not to be more than double the breadth, as the nature of the lands may be,
unlefs fuch as may lie between lands already granted, or that may hereafter be granted,
and be bounded by fuch lines as may be neceffary, or where fuch lands lie between
the forks of rivers or creeks, then to be bounded by the faid rivers or creeks; and
all perfons that have had lands ordered them, and have not taken out grants for the
fame, or fold their warrants or rights for the fame, or are either dead or left the
ftate, fuch perfon or perfons as have bought fuch warrants or rights and titles as
aforefaid, and continued in this ftate, fhall have fuch lands granted them, agreea-
ble to fuch order or warrant fo purchafed.
* Repealed by ad of 1777? ^^- *•
3i8
LAND ACTS.
fn™is"mni 6. And in order to encourage the building of mills in this ftate, Be it further en-
CT«ticdntoUone acted by the authority aforefaid, That if any perfon or perfons fhali build or caufe to
acre. j=)e j^jj-jj.^ a gr|£ mjjj on aUy vacant lancl? he or they fhali have one hundred acres of
land referved until the laid mill be built and fit for ufe, and then {hall have and be en-
titled to receive a grant for the fame; and every perfon or perfons building or caufing
a jaw n.iii rue to be built a faw mill on vacant land, mall have live hundred acres of land referved
hmidrcd acres. untjj {^e r^j mi\\ ^e built ancj fa for u['^ anCj t]ien rj^jj 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 furv eying and granting the faid lands.
7. * And be it further enacted by the authority aforefaid, That any perfon or per-
fhou^Sdatres0 fons willing to build a furnace or bloomcry for working iron, and that will give fe-
curity for completing 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.
8. And be it further enacted by the authority aforefaid, That every perfon or per*
fons who mall build a forge for making of bar iron, and give fecurity for completing
the faid work, and fhall actually continue the bufmefs 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.
9. And be it further enacted by the authority aforefaid, That no perfon or perfons
who have had lands already granted for their family fhall be entitled to land under
rights, not emU m- o
tied to any by UHo dtl.
10. And be it further enacted by the authority aforefaid, That this act fhall continue
and be in force until the firft day of January, in the year of our Lord one thou-
fand feven hundred and feventy-eight, and from thence till the end of the nextfeffion
of the Affembly,
By order of the Houfe of Affembly.
W. JONES, Speaker,
Savannah, 7th June, 1777.
* See aft of 1780, fed*. 18,
Forge for ma-
king bar iron
two thousand
acres.
Tersons who
have had grants
/or their nead
this ad.
Continuation
Preamble;
An actio amend and repeal part of " An act for opening a land-office, and for the leU
ter fettling andflrengthening of this fl ate."
l.TT 7HEREAS in and by an aft of the prefent Affembly, entitled " An aft for
W opening a land-office, and for the better fettling and ftrengthening of this
ftate," it is ordered, that abfentees fhall return to this ftate within fix months, or their
lands fhall be regranted to thofe perfons petitioning for the fame: And whereas, it
appears the time allowed is too fhort, and many injuries may arife therefrom to fuch
abfentees as aforefaid; for the preventing of which. Be it enacted by the reprefenta-
tives of the freemen of the fate of Georgia in Affembly met, and by the authority of the
The clause for fame, That the claufe which refpecls regulating of lands, be and is hereby repealed;
ufSrrepeaiod. and no lands formerly granted or allotted, fhall be regranted or allotted to any perfon
Holders of f0r- 01 Pcrfons whatfoever.
^teh^e1"8' 2- And be it enacted by the authority aforefaid, That if any f>erfon or per-.
£££*?*• fons have heretofore had allotments of lands within this ftate, on any fpecial contrafcl
LAND ACTS. 319
heretofore made, and have paid the depoiit money required, Mich perfon or perfons
(hall have a grant or grants for the lame.
3. And whereas, theconftitution of this ft ate directs., that each county mall keep Grant,n(.edno:
the public records belonging to the fame, and as a change of government may havebe'lUdltcd,
rendered it neceffary that the grants of land mould be audited as formerly : Therefore
be it enacted by the authority afore/aid, That all furveys which are legally made and re-
turned into the furveyor general's office mall be recorded, and a certified copy there- S&uiltfie
of delivered to the attorney for the Mate, fo that fiats may be by him prepared and SEKffiU? ne*
delivered without delay to the fecretary's office, that grants may be made out and fign-
ed for the faid lands, agreeable to the conftitution, which faid grants fhall be regif-
tered in the county* where fuch land lieth; which record fhall be, and is hereby de- ^-^J*
clared to be good and valid in law, any thing herein before to the contrary in any l°lm0\lc7"e*'
wife notwithstanding.
4. And be it farther enacted by the authority afore faid, That this act fhall be and continuatioai
continue in force until the fir fl day of January next, and from thence to the end of
the next feffion of affembly.
By order of the Houfe.
W. JONES, Speaker.
September 16, 1777.
* Repealed by aft of 1786, feet. 2.
An act for the morefpeedy and effectual fettling and frengtluning this fate.
"HERE AS in any fituation, but more efpecially in the prefent, when the preamble
counties and towns upon the fea board are in the hands of the enemy, it is
highly neceffary that fome place fhould be eftablifhed for the feat of government,
and the tranfaction of bufinefs in public offices; and alfo for the granting of lands, as
well to thofe citizens who have loft poffeffion of their lands in the faid counties and
towns, as others who may be induced to come into, and fettle the rich lands of this
ftate.
1. Be it therefore enacted by the freemen of this [late in General Affembly met. and Town of au-
• •j7 i ■ * -J ~ J -J JJ s ' custa to be the
it is hereby accordingly enacted, That from and after the day of the paffing of this act, seatofgov«m-
the town of Augufta* in the county of Richmond, fhall be confidered as the feat of
government, until directed otherwife by fome future meeting of the legiflature, and to
which all records and other public papers fhall be brought as foon as may be, and
the refpective offices opened. Provided, That in cafe the faid town of Augufta, fhould
at any time in the recefs of the legiflature, be approached or inverted, fo as the fame
(hall appear untenable; then his honor the governorand 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.
2. t And whereas the lots in the faid town of Augufta have been monopolized by
a few perfons, which moft evidently has prevented the full fettlement of the fame, con-
* Louifville is now the feat of government.
f From this to'the tenth feftion inclufive, is contained the regulations of the town of Augufta, which
aot being carried into effect, were re-enacted by act of 1783,
320 LAND ACTS,
rrary to the original intention and terms of the royal grants thereof. Be it there/ore
further enacted by the authority afore faid, That the proprietor of every lot who (hall
not build thereon, in the manner as is herein after mentioned, within two years from
the palling of this act, (hall forfeit the fame to the ufe of this date, to be fold to the
higheft bidder, who fhall engage and give fatksfaclory fecurity to build thereon.
Hn5 'hov'Tand 3* ^n^ w^er£as the vacant' land above and below the faid town of Augufta, lying
bciowtiietownon Savannah river on the north, and joining the common in a line with the fouth^
ZO VQ ' 1 3-1(1 V it 1R- ■ . J J <-J
atpubifcnven.dftrect of the town, running parallel with the river, and joining land of Mc Car ten
v;!fibortehhaife" Campbell, on the weft and Andrew M'Lean on the eaft, ought to be laid out into lots,
re1tiu°tweivee and loJd for the u fe of this (late, in order to enlarge the limits of the faid town : Be it
months. tftrefor'i enaBed by the authority ajorefaid', That five commiffioners be appointed by
this houfe, and the faid commiflioners fo appointed, or any three of them are hereby
empowered to lay out the faid vacant land, in lots of one acre each; and alfo to lay
out proper ftreets, and to arrange them with the others, in the faid town of Au-
gufta, and the whole fhall be included and called Augufta.
commissioners 4- ^n^ ^e lt ena$ed b' ^ie authority aforefaid, That the faid commiffioners,
ea,hl.clipoir,t" or anv three of them fhall caufe the faid lots to be fold at public vendue in Augufta
by the fheriffof the county, giving one month's notice, after the fame fhall be laid out
as aforefaid, receiving one half of the purchafe money down, and taking bond with
approved fecurity fer the payment of the other half within twelve months after every
fuch fale : Provided, That no one perfon fhall be allowed to hold more than one lot
in his own right, within the term of five years next enfuing, or any other perfon for
him.
The governor 5. And be it further enact ' ed by the authority aforefaid) That his honor the governor
fortlefoTs"" in council be, and he is hereby empowered to fign grants for the fame, to the refpeftive
!we$ndJnd purchafers, each firft giving approved fecurity to fettle and build upon the fame as is
bulwon them, herein after directed.
SaHrtrSehten ^. And whereas the ftreets in the town of Augufta, as well as the road on either fide
the streets. Up to Rae's Creek and down to the fand bar, are not regular or ftraight : Be it therefore
enacted by the authority aforefaid, That the faid commiffioners or any three of them,
be empowered and. directed to lay out, admeafurc, and poft the fame, in the beft and
mo ft regular way.
7 Rd'pefts the court-houfe and jail of Richmond county — repealed.
. . 8. And beit further enacted by the authority aforefaid, That no perfon, proprietor of any
bh1ft°onajt9bc ^ot m Augufta, or any perfon for him, fhall be allowed to ereel any dwelling houfe upon
said lot*. ar]y 0f tne fajd lots under the dimenfions of twenty by fixteen feet, and if the fame fhall
be in wood, it fhall be framed and built in a workman like manner, and fhali be pla-
ced in fuch part of the lot as fhall be pointed out and direBed by the faid commif-
fioners or any three of them, to the end that the faid town may be regularly built.
semijiaryof g. Jfcwd be it further enacted by the authority aforefaid, That the other public lot in
board-ftreet be referved for houfes of public feminaries and fchools.
10. And beit further enabled by the authority aforefaid, That the faid commifiTionerss
reJe?ve°dsfo? e or any three of them, fhall referve two of the belt lots in the centre line of the faid town,
ik Uwok° iPr ' aiacl diftant from each other, for houfes of public worfhip. And alio that the faid
commiffioners or any three of them, do lay out two acres of ground in the common,
fouth of the faid town, for public cemeteries, each oppofite to the refpefctive lots, and to.
caufe the fame to be cleared and fenced in; and hereafter no corpfe fhall be interred
in the town.
LAND ACTS. 321
it. And be it further enabled by the authority aforefaid, That the monies arifing Money arising
from the Tales of the (aid lots mail be depofited in the public treafury* for the fup-tp'tepMd1»V.
i * * *■ tlie treasury.
port of the expences of the ftate.
ll! And whereas the rich and healthy lands in Wilkes county, and elfewhere in this £fga^"
ftate, remain unfettled, to the great detriment of the commerce and ftrength of theheadright8'
fame, while many of the citizens of this ftate are fuffering by their lands being in the
hands of the enemy ; and others being willing to fettle and defend the fame as hereto-
fore mentioned. Beit therefore enabled by the authority aforefaid, and it is hereby en-
abled, That every citizen of this ftate, as well as any citizens of any other ftate 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 j to belaid out any where in this ftate, not in the poffeflion of the In- proviso.
dians. Provided, That every fuch perfon before he (hall obtain fuch grant, fhall bring bHag"!^"^-
the whole of his family into this ftate, and himfelf take and fubfcribe the oaths of state and take
government. And provided alfo, That he fhall give fecunty to his honor the go^E^^S-
ernor and council for fettling the fame within nine months next thereafter. can be obtain-
13. And be it further enabled by the authority afore/aid, That where it fhall appear preferenceSu
that the commifhoners under the former government fold and made allotments to any memsumkr
perfons who have fettled, and ftill poffefs the fame, fuch perfons fhall have grants in sion«»?mi
preference to any other perfons whatever.
14. And to the end, That every encouragement may be given to induce men to The settlers of
come from other ftates to fettle lands in Wilkes county. Be it enabled by the authori- fr0mmuftu11,t
ty aforefaid; That every perfon fo coming from another ftate and fettling in Wilkes auty'
county under this a6t, fhall not be compelled to ferve in the militia, in any otherway
or place, but in defending the fame during the term of two years.
15. And whereas, it is effentially neceffary, for the convenience of fuitors and
minifters of public juftice, that the building a fmall town at the place appointed for
holding courts in the county of Wilkes, fhould be encouraged: Be it therefore enac-
ted by the authority aforefaid, That five commifhoners be appointed by this Houfe; commissioner*
and the faid commiffioners fo to be appointed, or any three of them, be empower- [.fwiike^the1
ed to lay out one hundred acres of the land circumjacent to the faid place, into a ami granted a»
town and common; and that the fame be fold and granted in the manner pointed1" U8U5ta'
out in this aft, reflecting the lots in Augufta, and the monies arifing from fuch fales a^d™°™ye ap"
appropriated to the like ufes. Sam« manner.
16. And whereas, many tra£ts and parcels of land have been laid out and furvey-The governor
ed by perfons who have been long out, and yet are abfent from this ftate: Be &8$i&$M
therefore enabled by the authority aforefaid, That his honor the governor be empow- Smtate"^
ered to iffue a proclamation, admonifhing every fuch perfon to come in and fettle ftutneirlandT
the land fo laid out and furveyed, within t three months next after the date of fuch
proclamation, otherwife all fuch lands fhall be deemed vacant.
17. And be it further enabled by the authority aforefaid^ That the following fhall be Foraiof gr,nt>;
the form of all grants of land within this ftate :
By authority of the legiflature of theflate of Georgia.
I, A. J5. governor and commander in chief of the faid ftate, by and with the ad-
vice of the executive council of the fame, now prefent3 do give and grant unto C. 2?,
S s
* Vefted in truftees— fee a& of 1783— fe&. 4.
+ Extended twelve months by a& of 1783, fed. 4.
322 LAND ACTS.
all that, &c. To have and to hold the faid tra£t of land with all the premifes and
appurtenances, to him the faid C. D. his heirs and affigns forever, in fee fimple.
Given under my hand and the great feal of the Jaidflate, this
day of in the year of our Lord God one thoufand feven hun-
dred, &c.
By his honor, &c.*
^Sgr™tcdd 18. And whereas, it will tend greatly to the intereft and ftrength of the ftate to efta-
wsecuj'ity" blifh manufactories of iron: to the end therefore of encouraging able and proper
tobuiuurori peribns to undertake the fame, Be it enabled by the authority af or ef aid, That any per-
fon or perfons who will give approved fecurity to his honor the governor and coun-
cil, for erecting proper and effectual works for that purpofe, {hall be entitled to a
grant of two thoufand acres for a forge, and two thoufand acres for a bloomery, and
two thoufand acres for a furnace.
TaVsr^sts,hnodv 19* And whereas, it may fo be that a number of warrants and returns of plats may
to be- establish- [)e \Qfa jn our ]ate confufed ftate: for remedy whereof, Be it enabled by the authority
aforefaid, That where it (hall appear upon oath that any fuch paper or defcription of
land may have been loft, that grants fliall pafs for the fame notwithstanding, free of
new expence.
fmrtVhJsindian 20- And be it further enabled by the authority aforefaid, That no warrant, furvey
MiundCvor;d! or plat, made or laid out in the lands yet within the lines of the Indians, mall beheld
valid, and the fame is hereby declared null and void, to all intents and purpofes
whatever, nor mall any grant which may hereafter be furreptitioufly obtained, be
deemed legal, or of any effeft.
21. And whereas no grants have yet been figned and pafTed for many allotments,
warrants and returns of land. Be it therefore enabled by the authority aforefaid, That
lafifiTn™0/ his honor the governor in council be empowered to fign, feal, and pafs grants for
passgrants.&c. the fame as f00n as poffible ; and to all other perfons who fhall apply for lands in
the terms of this aQ;, and of the before mentioned act, commonly called the land act.
shaiifeuea 22. And bt it enabled further by the authority aforefaid, That his honor the governor,
tk^s'toth"" ^7 and with the advice and con fen t of the executive council, be empowered to iffue
«*'«■ a proclamation, pointing out the fituation, richnefs, and convenience of the lands
within this ftate, and inviting them to come and fettle the fame, upon the terms and
conditions herein before mentioned, And that he be alfo empowered in like manner
to fend one or more fit perfons into other ftates upon the public expences, the better
to carry the intentions of this act into execution.
qainisofin- 23. Whereas certain perfons, citizens of this and the ftate of South-Carolina, and
landsTnwnkc" friends to the independency of the fame, claim, that the lands in the county of Wilkes
«arainetdabnd were originally given up and ceded to the government of Great-Britain by the Creek
Mscmb!y!>7tneand Cherokee Indians, in fatisfaction and difcharge of certain debts and arrears due
by the faid Indians to the faid certain perfons, commonly called Indian traders : Be it
therefore enabled, That any perfon having or pretending to have any claim, do lay
their claims and accounts before this or fome future Houfe of Affembly to be
examined, and whatever claims fhall be found juft and proper, and due to the friends
of America, fhall be paid by treafury certificates for the amount, payable in two,
three and four years, and carrying fix per cent, intereft.
omw.hsioners 24. And be it further enabled by the authority aforefaid, That William Glafcock,
SgSSf1** Ceorge Walton, Daniel M'Murphy, John Twiggs and George Wells, efqrs. or any
* The form of grants altered by ad of 1783, fed.12.
LAND ACTS. 323
three of them, be a board of commiffioners for a&ing under this aft, refpe&ing the
town of Augufta; and William Downs, Barnard Heard, John Gorham, Daniel And for w,-ha,
Coleman, and John Dooly, efqrs. or any three of them, be a board of commif-ia2t9R
fioners* for a&ing under this a6l refpefting the town, at the court-houfe in Wilkes
county, which mail be called Wafhington.
25. And be it further enacted by the authority aforefaid, That this fhall be deem- a public aa
ed a public aft, and ilialibe given at any time fpeciallv in evidence.
WILLIAM GLASCOCK, Speaker.
January 23, 1780.
An act for opening the land-office, and for other purpofes therein mentioned*
WHEREAS it will tend to the benefit and advantage of this ft ate, that the unlo- mamMo.
cated lands within the fame, be granted out, and that all due encouragement
be given to the immediate fettlement thereof. Beit therefore enacted by the reprefen-
tatives of the freemen oftheftate of Georgia in General Ajfanbly met, and by the authori-
ty of the fame, That from and immediately after the pairing of this a£t, the land-office ^ddoft5ce
fhall, and the fame is hereby declared to be opened, and all and every perfon andper-
fons applying for land agreeable to the terms herein after mentioned, fhall be enti-
tled to a grant of the fame, that is to fay, each mafter or head of a family fhall be al- head\!gh*.
lowed as his own head right, and without any other or further charges than the of-
fice andfurveying fees, two hundred acres: And fuch perfon 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, one fhillingt per acre for the firft hundred acres,
and one fhilling and fixpence per acre for the fecond hundred acres, two fhillings
per acre for the third hundred acres, and two fhillings and fixpence 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 Pr«vi».
perfon fhall not exceed one thoufand acres, and that fuch perfon do live on and *™**h***fot
1 " r t more than one
cultivate^ a part of the faid land, twelve months before he or fhe fhall be entitled andtouvfon'
to a grant for the fame ; And alfo further provided : That fuch perfon hath not here- Kesaratw&e
tofore received the head right which he or fhe then applys, either under the prefent, he°Sbtaingthe
or former government of this ftate. erant'
2. And -whereas this ftate hath made engagements to the foldiers and other troops ^i?S£SS£I
which in jufticethey ought to fulfil. Be it therefore enacted, That in cafe any offi-2Ss
cer, or foidier or other perfon, claiming under fuch engagements as aforefaid, fhall rhekceru*-
produce a certificate from his honor the governor for the time being, that a traO: orca
trafts of land is, or are due to him, that then fuch officer, foidier or other perfon,
ihall be entitled to a warrant and grant for any unlocated lands (agreeable to the
quantity contained in his certificate) within this ftate. a' a mental
3. And be it further enacted, That every perfon applying by head rights as afore- cul?^ati°n^8"
faid, fhall previous to his .obtaining a grant for his land, or having it in his power to t«nagr«K.
difpofe of the iame, (otherwife than by will) fettle and improve a part of fuch tracl or
traces, as he may obtain a warrant and furvey of, for the fpace of twelve months as
* Some parts of this aft repealed by the next aft in order.
f To be paid in audited certificates by aft of 1783 — feft. 3.
f Settlement &c, not neceffary — fee aft of 1784— feft. i6>
324 LAND ACTS.
aforefaid, and mail actually cultivate and clear at the rate of three acres at lead for
every hundred acres of the faid land,
surveyor pene- a. And be it further enacted. That there fhall be a furveyor general for the ftate,
ral'for the state, lirrr l J. iiirii
fordeachUco«n°r an a a lurveyor for each county, t annually choien by the legiflature; and fuch
annua%bythe county furveyors fo elected fhall have power to appoint, one or more a fii ft ants if necefTa-
assembiy. ry} and the afore laid county furveyor or hisaffiftantor affiftants are hereby authorized to
lay out and furvey to any perfon or perfons who fhall apply, all fuch lands as he, (he
The-iutyof or they, may have obtained a warrant for, and the faid county furveyor is hereby re-
county survey- -li rr • 1 r \ 1 \ r • •
°»- quired to keep an office m that part or the county where the fupenor court is holden,
p'aat"intwod aUm which laid office fhall be recorded all fuch plats or furveys belonging to fuch coun-
anTtransmcit tv as ma^ ke made, within two months from the date of the warrant, and the faid coun-
fnthree'mantus tv furveyor fhall alfo tranfmitto the furveyor general, a fair copy of the fame togeth-
generarsoffice! er with the warrant, within three months from the date of the latter, and the furveyor
The duty of general fliall record fuch plat in his office, and when, and as foon as the full confide-
scuerai. ration money for the faidland (if granted on purchafeas aforefaid) together with office
fees fhall be paid, the faid furveyor general fhall record fuch plat in his office, and
pafs the original into the fecretary's office for a grant thereof to be made out and figned by
the governor, or in his ab fence by the prefident for the time being, when the party fhall be
entitled thereto, under the terms aforefaid8 and the faid grant when figned as aforefaid, fhall
be returned into the fecretary's office to be there fealed with the great feal and regiftered;
and thereafter the fame fhall betranfmitted to its proper county, and lodged in the office
of the county furveyor, to bethere recorded T and then delivered out to the grantee. Pro-
Lfrintftfrclap" vtdzd ahvay s^Thdit in cafe the confideration money for any lands granted on purchafe, fhall
omce fee's are& not ^e Paid mto tne treafury, and a certificate thereof lodged with the furveyor gene-
twi>eldmontiw*raJ (which fliall be the proper mode of paying all purchafe monies for lands granted
onTe'war'rant. under this a 8.) and alfo all office fees paid within twelve months from the date of the
warrant, then and in fuch cafe the land mentioned and contained therein, fliall be deem-
ed lapfed, and liable to be granted out to any other perfon who fliall apply for and prove
Proviso. rights agreeable to this law for the fame. And alfo provided^ in cafe any caveat fliall
caveat. be entered againft. the palling of any grant, that, then the figning and fealing of the
fame, fhall be flayed until the determination of fuch caveat.
cavfetsshan 5- ^n^ be it further enabled, That all caveats againft the paffing of grants, fliall
tif/SnoSw- k.e entered in the office of the county furveyor where the land lies, who fliall give no-
IS°idveni"d t'ce thereof by advertifement in the moft public place of the faid county, at leaft
thirty.days. thirty days before a final determination is had on fuch caveat. And the manner of
Mode of trial, trying fuch caveat fhall be as follows: The juftices of the county, or any three or
more of them, fhall, on the day fucceeding the day on which they meet for the pur-
pofe of granting warrants for lands, caufe to be drawn and fummoned out of the
by-ftanders" (being freeholders within this flate) a jury of twelve men, who being
duly fworn to try the matter according to law and equity, fhall immediately proceed
to try and give their verdict thereon, which fhall be final and conclufive.* And the faid
wrve^oxsLaH county furveyors fliall once in every month, when they reflectively tranfmit to the fur-
^acwu^'of veyor general fair copies of plats, together with warrants as before directed, alfo tranf-
ing, to thTsur- hiit and fend to the faid furveyor general a regular account of all caveats depending
or determined in their refpective counties, in order that the fame may from time to
f Now elected by the people — fee a£t of 1 799 — feet. 2.
:£ UnneceiTary — fee a<?t of 1 786, feci:. 2.
* Appeal allowed to the governor and council. See act of 1784, fed. 9.
LAND ACTS. 325
time be laid before his honor the governor and executive council, as a guide in
refpe£t to the figning of grants.
6. And be it further enacted, That a * majority of the juftices belonging to eacn &5j*g& %
county mail be empowered, and they are hereby required, on the firft Monday in ^^^
each month, and for as many days immediately following as they fhall find it ne- Jg5S?Sw
ceffary, to hold a court (at the place where the fuperior courts of fuch county are ry month*
ufualiy held) for the purpofeof receiving applications for lands, according to juftice
and the true intent and meaning of this aft; they the faid juftices, or a majority of
them, fhall order warrants to iffue, and the fame (hall be figned by the fenior juftice
then prefent, and attefted by the clerk, commanding and requiring the county fur-
veyor to lay out and admeafure fuch trad or trafts of land within their refpeclive
counties, as they fnall think fit to grant, under the terms and directions contained in
this law.
7. And be it further enacted, That all and every perfon and perfons, before he, l"T™J™ll'tt
fhe or they, (hall obtain a warrant or warrants for any land within this ftate, fhall on fS™ Ju"tib.c"
oath declare, before the faid juftices holding a court as aforefaid, that he, fhe or they, ces*
hath or have not taken up or obtained land in this ftate for the head rights, or any of
them, at that time applied for; and alfo that he, fhe or they, doth or do not hold, nor
have had granted, under the prefent or former government, to him, her or them,
on head rights as aforefaid, any quantity of land not exceeding one thoufand acres,
nor more land than, together with what is at that time applied for, will make a quan-
tity exceeding one thoufand acres; and fuch perfon or perfons fhall alfo at the fame And produce
time produce a certificate* figned by two or more juftices of the county, he, fhe or {££ fk£S*j?
they,laft refided in, or fuch other credentials as will fatisfy the court of the honefty and and intesuty-
integrity of the perfon or perfons fo applying; and thereafter the faid warrant fhall
iifue, figned and attefted as aforefaid, and run in the following form : " By the J?a°n™ofwar*
court of juftices for the county of To A. B. county furveyor of
faid county. You are hereby authorized and required to admeafure and lay out, or
caufe to be admeafured and laid out, unto C. D. a tra£t of land, which fhall contain
acres, in the faid county of (here defcribe the but-
tings andboundings of the land as particularly as may be) taking fpecial care that the
fame has not heretofore been laid out to any other perfon or perfons : And you are
alfo hereby direcled and required to record the plat of the fame in your office, and
tranfmit a copy thereof, together with the warrant, to the furveyor general, within
the term of three f months from this date. Given under my hand, as fenior juftice
of the faid court, this day of 178
8. And be it further enacted. That the clerk of the faid court of iuftices fhall keep jhecierkof
,.,/>. , .. ** * t'le 'anc* court,
a regular book of entries, of all applications made and warrants iffued, fpecifying hisduty-
the buttings and boundings of the lands contained in the fame; and the feveral county
furveyors fhall, previous to their entering on the execution of their office, take and Geuntysur.
fubfcribe the following oath, before two or more of the juftices of the county to Teyor'
which they refpeftively belong; " I, A. B. do folemnly fwear, that I will, to the beft
of my fkill and knowledge difcharge 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 admeafured, furveyed or laid out, any land, without a warrant firft obtained for
that purpofe." And fuch county furveyors refpeftively, fhall give bond with appro-
* Any five, including an afiiftant juftice, may hold a land-court, by a£l of 1783, fed. 2, And any
three veiled with the fame power by a£l of 1789, feci:. 3.
f Six months by ad of 1785, fed. 8. Two years by ad of 1786, fed. 3,
326 LAND ACTS.
Sd"fcurity1n ved fecurity, in the penal fum of five * hundred pounds fpecie, to his honor the go-
fiveepiwndryedf vcrnor for the time being, conditioned for the good behaviour in office, and true per-
formance of the truft repofed in fuch furveyor j which laid bond (hall be taken in and
pounds.
by the iirft court of juftices which fhall convene and fit after the appointment of
fuch county furveyors refpeclively, and the fame fhall be immediately tranfmitted to
his honor the governor, liable to be put in fuit, in cafe of any mifbehaviour in the faid
siiaii execute county furveyor ; and it (hall be a part of the duty of fuch county furveyors, punctually
ofthfsurVeyoT to obferve and carry into execution all fuch orders and inftructions, as they fliall
fSTswe'ar their from time to time receive from the furvevor general, and fwear, or caufe to be f'worn,
Chain carriers ,. , . . , . , . r ,-, . J f.
all chain carriers withm their reipective counties.
q. And be it further enacted, That ail warrants heretofore (that is to fay, fince the
Warrants and J . J . i j i ' r i t i i • r
surveys since revolution) obtained ior vacant lands and iurveys, that have been made in conie-
the revolution, _ / . . ' / ?
ried ■n'toecar"(ilience °^ Inch warrants, within the prefent temporary boundary line between the
srants. white inhabitants of this ftate and the Indians, fhall be delivered into the court of
juftices of the county where fuch land lies, who fliall make fuch order to the county
furveyor refpefting the fame, as the nature of the cafe may require, and as to juftice
fhall appertain. And it fhall be a (landing 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 whatfoeyer, or his legal reprefentative or
reprefentatives (being at this time a free citizen or citizens of America) was or were,
on the twenty-ninth day of December, in the year'of our Lord one thoufand feven
hundred and feventy-eight, entitled by any law, or order of the prefent government,
to a grant of lands already run and located by fuch perfon or perfons, that in all
and every fuch cafe the faid grant fha]l now actually pafs, and be figned and fealed
without any further or other additional charges or encumbrances (in confequence of
this law) upon the fame, except office fees.
Proclamation 10- And whereas, in the year of our Lord one thoufand feven hundred and feven-
ttag^ttkrT ty -eight, there was iffued by the authority of this ftate a proclamation, inviting fet-
tlers to migrate into the fame ; in confequence whereof, many perfons did actually
come into the ftate, 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, but by reafon of
the confufions which have fince taken place, they the faid perfons have not been able
rersonsentnied as yet to obtain or take out fuch grants : Be it therefore enabled;. That in all and every
n,lharii;shuavet'' cafe, when it fhall appear that any perfon or perfons is or are really and bona fide-.
the right of pre- A --./a. a ■ j • ■ *j
ference. entitled, under the terms of the faid proclamation, to any grant qy grants whereon.
he, fhe or they, have fixed fome mark of pofleffion, within the prefent temporary di-
vifion line between the white inhabitants and the Indians, that he, fhe Or they, fc en-
titled as aforefaid, or his, her or their legal reprefentative or reprefentatives, fhall
have the preference, on application for the faid land, to all and every other perfon or
perfons whatfoever. And there fliall not be any other or further charge (except of-
fice fees) on the faid land, than was to have been paid on the fame at the time fuch
perfon or perfons took poffeffion thereof as aforefaid, any thing in this a£l contained
to the contrary thereof in any wife notwithftanding.
Ait surveys and iu And be it further enacted, That all furveys which have, or may have been
fhrentempo™ry made, or lines run by any means, or under any pretence whatfoever, beyond the pre-
SreYvokf.' fent temporary line within this ftate, between the white inhabitants and the Indians be-
longing to the fame, or any part of the lands not already laid out into counties3 butal-
9 Two thoufand pounds by aft of 1789, fe£t 4.
LAND ACTS, 327
lowed to remain as hunting ground for the Indians at prefent, fhall and the fame is,
and are hereby declared to be null and void, to all intents and purpofes, as though
fuch furveys or lines had never been made. And all and every perfon and perfons Persons hav!ng
whatfoever who lhall hereafter 'furvey, or aiTifl in furveying, or procure to be fur- ^mpti°rBaw
veyed and marked with lines, any of the lands above defcribed, whereon the Indians ^'s^iunVo"r*
ate allowed to hunt for their fupport, or who fhall obtain, or attempt to obtain a grant ifngsf|?lv«y
for the fame, before fuch lands are taken within the boundary of the white inhabitants
of this Rate, and the mode of granting fuch lands fo to betaken in, be agreed and de-
termined on by the legiflature, and publilhed by proclamation, all and every fuch per-
fon and perfons fhall forfeit and pay a penalty oft twenty (hillings for every acre of
land he, (lie or they, (hall run, or attempt to run, or obtain, or attempt to obtain a
grant, which faid penalty fhall be recovered in any court of record or confeience (ac-
cording to the amount thereof) within this (late, and (hall be for the ufe of any perfon
or perfons, who (hall inform of, and fue for the fame either by way of information or nowto be re-
aftion. And if the perfon or perfons againft whom a judgment (hall be obtained for puedr.edandaf*
any penalty as aforefaid, fhall be unable to pay the fame, or will not produce proper- r^tttiiTml-
ty whereon the fherifT may levy to the amount thereof, he, (lie or they, (hall be lia- e °
ble, and thejuftices of the county where fuch caufe fhall be tried, (hall order him, or
her, or diem, into clofe confinement, without bail or mainprize, for the fpace of two
days for every twenty (hillings, the faid penalty fo recovered as aforefaid, (hall con-
fift of, and which fhall remain unpaid out of the property of the faid delinquent.
12. And be it further entitled, That the following fhall be the form* of grants Form of grafts,
of lands within this (late.
Georgia*
By the honorable A. B. esq. capt. general, governor and commander in chief in and
over the J aid fate.
To all to whom thefe prefents (hall come, greeting.
KNOW YE, that in purfuance of the a6l for opening the land-office, and by vir-
tue of the powers in me veiled, I have by and with the advice and confent of
the honorable the executive council, given and granted, and by thefe prefents in the
name and behalf of die faid (late, do give and grant, unto C. D. his heirs, and af-
figns forever all that tract or parcel of land containing fituate lying and beino- in
the county of in the faid (late, and butting and bounding having fuch
fhapes, form, and marks, as appear by a plat of the fame hereunto annexed, togeth-
er, with all and fingular 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
eflate, right, title, interell, claim and demand of the (late aforefaid, of, into, or out of
the fame, to have and to hold the faid tract or parcel of land, and all and fingular the
premifes aforefaid, with their, and every of their rights, members and appurtenances
unto the faid C. D. his heirs and affigns, to his, and their own proper ufe and behoof
forever, in fee fimple. Given under my hand in council, and the great feal of the faid
(late at this day of in the year of our Lord 178 and in
year of American Independence.
Signed by his honor the governor, in council.
E. F. clerk council the day of 178
•f Seead of 1785, fed. 5. See alfo ad of 1786, fed 1. And by ad of 1787, fea. 2, made liable to
corporeal punimment and the fecond offence declared felony.
* The governor empowered to dired the form of grants by ad of 1 789, fed. 1.
328 LAND ACTS.
13. And whereas, it may fo happen that perfons emigrating from elfewhere, and
difpofed to fettle in this ftate, may not be fufficiently acquainted with the limits
and boundaries of the fame, and furveyors may wilfully or ignorantly commit mif-
takes in the running the lines, unlefs the laid limits and boundaries be made known to
them : In order, therefore, to inform and encourage all perfons difpofed to migrate
into this ftate, to prevent miftakes, and to remove every pretence for fraud in fur-
ju°ri«ik\?onof veyors, and others intrufled with the execution of this law, Be it enabled, ordained and
declared by the authority aforefaid, That the limits, boundaries, jurifdiclion and au-
thority of the ftate of Georgia, DO and did, and of right ought to extend, from
. the mouth of the river Savannah, along the north lide thereof, and up the moll
northern ftream or fork of the faid river to its head or fource; from thence in a due
weft courfe to the river Mifiifippi .; and down the faid ftream of the Mifliiippi, to
the latitude thirty-one degrees north; from thence, in a due eaft courfe, to the river
Apalachicola, or Chatahouchee; and from the fork of the faid river Apalachicola,
where the Chatahouchee and Flint Rivers meet, in a direft line to the head or fource
of the fouthernmoft ftream of the river St. Mary; and along the courfe of the faid
river St. Mary, to the Atlantic ocean, and from thence to the mouth or inlet of the
river Savannah, including and comprehending all the lands and waters within the
faid limits, boundaries and jurifdi6tional right, and alfo all the iflands within twen-
ty leagues of the fea coaft. And all juftices of the peace, furveyors, militia and
other officers and perfons of any defcription or denomination whatfoever, are here-
by enjoined and required, and fully authorized and empowered to hold and confider
the faid limits, boundaries and jurifdiftional right above mentioned, expreffed and
defcribedas the true and juft limits, boundaries and jurifdiftion of the fovereign and
independent ftate of Georgia, as fecured to the inhabitants and free citizens thereof
by their charter, and guaranteed as well by the articles of confederation as by the treaty
proviso. OI* alliance with his moft chriftian majefty, Provided neverthelefs, That nothing here-
in before contained fhall extend, or be conftrued to extend to authorize or empower
any perfon or perfons whatfoever to furvey, run or make lines upon the lands before
defcribed, as being allowed to the Indians for hunting ground, or any part, or par-
cel thereof, before or until permiffion for that purpofe fhall be granted by the legifla-
ture, and made known by proclamation.
14. And be it further enabled, That the furveyor general and all county furveyors
Surveyor gene- ** .J ' - O. . r \. J
rai and county fhall, as nearly as may be, be governed and diretted in tne execution ot all warrants,
surveyors, how ' / / ' o in r 1 • n •
tobegoverned. an(j jn makjng tneir furveys, by the known rules, laws, and cuftoms of this itate in re-
gard to fuch bufinefs, in fo far as the fame may be made to confift with this law, the re-
volution in government, and the true intereft of the republic, as fhall from time to
time be expreffed by its legiflature or executive body.
By order of the Houfe.
W. JONES, Speaker.
Savannah, February 17, 1783.
An act to repeal and amend fome part of an act entitled " An act for opening the land-
office.
iambic; T ^THEREAS it is found by experience that fome part of the aft for opening the
V V land-office, does not anfwer the falutary purpofe thereby intended.
LAND ACTS. 329
1. Be it therefore enacted by the rcprefentati-oes of the freemen of the fate of Georgia\^lIX%
in General Afembly met, and by the authority of the fame, That the claufe of the afore-
faid aft, or that part of it, which requires a majority of the juftices of a county to grant
a warrant for unlocated lands;, be, and the fame is hereby repealed, and made null and
void.
2. And be it further enacted by the authority aforefaid, That the juftices of the Fl.veiust;ces!n.
feveral counties, or any five* of them, as hereafter mentioned, fhall meet in their ref- sLSjS,
peftive counties on the firft Monday in each month, and for as many days following. courto°.uhend"
as thev fhall find it neceffary, to hold a court at the place where the fuperior courts oi every momLm
fuch counties refpeftively are held : And the laid juftices fo met, or any number of
them not under five (and of which five or greater number, one or more of the alhft-
ant juftices of the county fhall be a part) mail conftitute a board, and be competent
to do and tranfaft all and fingular the bulinefs pointed out and required by the faid
aft, to be done by a board of juftices.
3. And be it further enacted by the authority aforefaid, That in all and every cafec"^^;^
where any perfon or perfons applying for land under the faid aft for opening the land- "^''pnrchalc
office, fhall havejuft claims againft this ftate, and fhall be pofTeffedof a certificate in01 ^ '
his, or her own name, either under the hand of the prefent, or the laft, or any future
governor for the amount of the fame, or if an account duly audited agreeable to law,
that fuch a certificate or audited account fhall be taken and received as fpecie, or gold,
orfilvercoin, in anypurchafe of unlocated lands within the late temporary boundary
line, of this ftate, he, fhe or they, may make under the faid aft, not exceeding the quan-
tity therein mentioned; Provided fuch certificates be brought in and delivered to the protis*.
treafurer within one year from and after the pafling of this aft, and not otherwife.
4. And whereas many perfons now refidents of other ftates have formerly obtained
warrants, under which they have furveyed lands in the different counties of this ftate,
and have never obtained grants for the fame. Be it therefore further enacted by the autho- The gomnor
rity aforefaid, 1 hat his honor the governor be empowered and required to iflue his pro- c?am«eion?re-
clamation immediately after the paffing of this aft, and caufe the fame to be p ublifhed .residents hoid-
in (he feveral gazettes of the United States, requefting all and every fuch perfon oro,dwar"nts'
O 'TO / l not granted, to
perfons refidents of other ftates ; who hold lands by furveys as aforefaid, or other ^^i^"12
claims, that he, fhe or they, fhall come in within the fpace of twelve months after the^eXe"^
iffuing the faid proclamation, and fettle their refpeftive claimes according to the laws of voilshallbc
this ftate, and on default of their not coming in within the time limited,every fuch furvey
or claim is hereby declared null and void, and any other perfon or perfons entitled to
land, fhall be at liberty to apply and obtain grants for the faid land, the fame as for
any other unlocated lands, within this ftate, notwithftanding faid furveys or claims,
Provided neverthelef, That nothing herein contained fhall extend to affeft or injure p .
the right of any perfon or perfons, who is, or are at prefent in his, her or their mi-.T1^^^
nority, until one year after fuch perfon or perfons fhall arrive at the age of twenty- be*ffeeted-
one years.
5. And be it further enacted by the authority aforefaid, That in all and every cafe F«s of grant,
where it fhall be made to appear to the fatisfaftion of his honor the governor, thai ca>n cas«. toe "
the party applying for and entitled to any, grant, (to which the father of him, her orPublicaft-
them, was entitled at any time before the twenty-ninth day of December, which was
in the year of our Lord one thoufand feven hundred and feventy -eight) is a minor
T t
* Three form a court by aft of 1 789, feci. 3.
33<>
LAND ACTS.
Not more than
one land court
under the age of twenty-one years, or a widow, and that fuch widow became fo fince
that period ; and that the father of fuch minor, or the huiband of fuch widow did ac-
tually in his lifetime pay the coils or fees of his grant in the proper offices; that in
all and every fuch cafe, the faid minor or widow in all be exempted from all fees or
cofts; and his, or her grant ihall be paffed, and iigned, fealedand delivered gratis. And
his honor the governor and the other officers concerned in the iigning and making out
grants ihall charge their refpeftive fees to the public. *
6. And be it further enacted by the authority afore/aid, That nothing in this aft: con-
tobeheni^na tained ihall extend, or be conftrued to extend to authorize and empower the iuilices
county, at the ' , . ** ' r J
tame time and. (jn number before mentioned) who mall be met and convened for thepurpofe of grant-
ing lands, to hold more than one court, at one and the fame place and time : And the
affiftant juftice then prefent, who ihall be the fenior, either by an older commiffion
or by being firil named in the fame commiffion with others, ihall prefi.de in the faid
court, and ihall be inverted with all and fingular the powers given to, and be under
the directions pointed out for the prefident of the board of juftices in and by the " Act
for opening the land-office," before mentioned.
* By order of the Houfe.
WILLIAM CIBBONS, Speaker,
Augufta, Auguft 1, 1783.
Freajnbte.
Temporary
kounriary of
tin state.
Two counties
laid out.
Boundaries of
franklin.
And of Wash-
■if, ton.
An act for laying out two mere counties to the zoe/lzuard, and pointing out the mode of
granting the fame.
1. \"\ T HERE AS it is neceifary in order to ftrengthen this date, and for the con-
V V venience of the inhabitants, that new counties fhould be laid out and proper-
ty fettled, Therefore be it enacted by the reprefentatives of the freemen of the fate of Geor-
gia in General Afjembly met, and by the authority of the fame, That the prefent tempo-
rary line, circurnicribing the Indian hunting ground, (hall be marked by a line drawn
from that part of the north branch of Savannah River, known by the name of Ke-
owee, which ihall be interfered by aline, running northeaft from the Okunna Moun-
tain, thence in the fame direction to Tugalo River, from thence on a direct line to the
top of the Cunokee Mountain, thence to the head or fource of the moll fouthern
ftream of the Oconee River, including all the waters of the fame, thence down the
faid river to the old line, thence along the faid line.
2. And be it further enacted by the authority aforefaid, That two counties ihall 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 ftrikes 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
moil 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 ihall be a county and known by the name of " Franklin."
The fecond county ihall be bounded by a line beginning at the Oconee River,
where the laft mentioned line ftrikes the fame, thence along that river'to where it
ftrikes the former temporary line, thence along the 'faid line to the Cherokee corner,
and from thence to the beginning. And all that tract of land included within the
LAND ACTS. 33*-
»
aforefaid lines, mall be a county and known by the name of " Wafhington."
o. And be it farther enabled by the authority aforefaid. That any perfon or perfons Pcr««w»ppiy-
, 9 r> \ • i- • i- i i • i r r ' • i • n U t,- U ingforlanfls,
deiirous of making application for lands m the atorelaid counties, mall prove his, her, murtprove
oil •ipt-1- r their rights be-
or their rights, either before the governor and council lor the. time being, or one ai- fore the gover-
O ' O P f • I 1 n0r an couu"
fiftant judge and twojuttices of rhe county where fuch perfon or perlons leiide, and a g^^fjf
certificate thereof under the hands of fuch juitices, or proof before the governor .andp;;^^
council as aforefaid, fhallentitle the perfon or perfons/o applying to a warrant for his, they're,
her, or their rights, proved as aforefaid, fo as the fame mail not exceed one thoufand No person em;-
acres to any one perfon whatfoever. And the governor and council are hereby re-than u™tnou-
quefted and empowered to proceed in the manner herein after directed for grant-
ing the fame, and to keep a book of entries, and enter therein the names of fuch per-
fons as may apply for warrants, and alfo the date and number of each warrant by
them granted, which (hall be located, to fome particular county. And when it fliall warrants to sc
lb happen that two or more perfons apply to a furveyqr, tofurvey one and thelamedmgtonum-
tra& of land; then and in that cafe the faid furveyor mail decide and give the prefer-
ence to the perfon whofe warrant is firft numbered. *
4. And be it further enacledfy the authority aforefaid, That every citizen of this citizen60fth;t
(late, or of any other of the United States, that fliall come with an intent to fettle, and $$»$«*£,
form one aftual refidence in this (late, mall be entitled to a warrant of furvey, for any eh$t\"§ to war-
quantity of unlocated lands within the aforefaid counties in manner afiore- SSgone thou-"
mentioned, fo as the fame fliall not exceed one thoufand acres to any one perfon what-"3
foever. Provided, That fuch perfon or perfons, have not already taken- up his, her, ^g^^ not
or their head rights, agreeable to an a£t for opening the land-office, paffed the fe^^en-^^^""!'
teenth day of February, one thoufand feven hundred and eighty-three ; and fliall pay oiSfewtobe
the fees of office at the time of applying for fuch warrant or warrants. *V*'A"
5. And be it further enacted by the authority aforefaid, That he, fhe or they, fo ap- persons so ap-
plying fhall pay for each and every acre granted as aforefaid, the fum of three * mil- pay tfreeshii-
lings in gold or filver, that is to fay, in Mexican or Spanifh milled dollars, at fpurgofdorsiivei
{hillings and eightpence each, and half Joannes, at thirty-feven millings 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 expira-
tion of -three years: Provided-alfo, That each and every perfon fhall, before obtain- Previ .
ing fuch grant as aforefaid, give bond to the governor of the ftate for the time being, |™£ tottl^'
and his fucceffors in office, for the confideration herein particularly fpecified, and.™nfe£elandl
mortgage upon the land fo granted; and upon full payment and difcharge of the
fpecific confideration as aforefaid, each and every perfon fliall have his, her or their
bond and mortgage delivered up, and fatisfa&ion entered thereon for the fame.
6. And be it further enacted by the authority aforefaid, That any perfon producing Exempted
a certificate from under the hands of two juflices of the county in which he or fhe from uxl-
has fo refided, that he or fhe has actually lived on the faid land fo granted as afore- conditions':
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 j Provided,, fuch certificate be obtained pr0vist.
within eighteen months from the tjrne of the furvey of the faid land.
7. And be it further enabled by the authority aforefaid, That a county furveyor rosu
fhall be appointed for each county, who fhall have the power of appointing' affiftant g^j* g^1*
furveyors, not exceeding fix in number, in each county. And the faid county fur-™p"[&™xy
yeyors are hereby required to lay out and appoint a diflrici for each and everv fuch.deputie*'
* See a& of 1785, feft. x, z,
1
332 LAND ACTS.
afliftant furveyor, who {hall be authorized to furVey within fuch diftrict only, arid fhall
make his returns to the county furveyor, who fhall keep a record thereof, and tranf-
Linestobcdfc. mi1 trie fame to the furveyor general, as the law directs- And the faid furveyors are
witfi'twnoasued' required, diftinctly to mark the lines round each and every trad which fhall be by
iiue,sexceptcn\- them furveyed, and make at leaft two Rations on each line, except fuch lines are
tural bounda- l l 1 1 i 1 • l
ii«. . marked by natural boundaries.
inhabitants ?• -And whereas, the General Affembly of this ftate, in confequence of petitions
cf Virginia, from fundry inhabitants of the ftate of Virginia, did, on the thirteenth day of Fe-
bruary, in the year of our Lord one thoufand feven hundred and eighty-three, order
that two hundred thoufand acres of land be referved to the ufe of the faid petitioners,
which land was intended to be located in the aforefaid counties, or either of them; and
for the convenience and intereft of the individuals fo concerned, it is but confonant to
juftice that they be permitted, and they are hereby authorized to fix on the county and
. place wherein they would fettle. Be it therefore enabled by the authority aforefaid. That
On application ' , „ . ;. • • . ., J s s J J '
warrimo/re- ■ *aic* Petltloliers as perfonally apply in the manner herein before pointed
monethTfifteenOLlt:' maU*t>e entitled to a warrant of referve for fifteen months from the paffing of
Butmustreside l^s a^- -^ut ^ at or Def°re the expiration of that time, fuch perfon or perfons lhall
vaKtiS'same!" not a&ually become refidents of this ftate, and remove their families, and fettle and
tobeevoi!7an* cultivate their lands, agreeable to the terms pointed out by this act, then and in that
cafe, the faid warrant fhall become null and void, and the faid land revert to the
ftate, and be granted to any perfon or perfons applying for and entitled to the fame.
Appeals to the 9* And he it further enacted by the authority aforefaid, That all perfons who have
!ouncu"auow- caveats depending in manner pointed out by the laft land act, pafled at Savannah the
a?TcTveaetstrin feventeenth day of February, in the year of our Lord one thoufand feven hundred
courts^ and eighty-three, or fuch as hereafter may have any caveats arifing under and by
virtue of the faid land act, fhalkbeat liberty to appeal from the decifion pointed out
by the fame, to the governor and executive council.* And alfo, That all caveats
reflecting the granting of lands under this act, fliall be entered in a book kept for
that purpofe, by the fecretary of the executive council, and tried before his honor the
governor, or the prefident of the council for the time being, in council, who are
hereby required and empowered to proceed to decide fuch caveats in manner and
form as they think moft conducive to juftice; and from their decifion there 'fliall be
Decision to be , ' J
final. no appeal.
Theiandsiying 1 °- -A n& be it further enatled by the authority aforefaid, That all the lands between
Stnd^uth die north and fouthfork of the Oconee, up to the prefent temporary line, be referv-
cor£e?uphteo°"-ed t the term of twelve months, for the officers, feamen and foldiers who are entitled
I'ed 'twelve"" to land in this ftate, by any refolve of congrefs, or act or refolve of this ftate, refu-
^ervseTmen gees and other militia excepted. And that the fame lands, according to the propor-
paymentof'of-tion allowed to fuch officers, feamen or foldiers, and entitled to the fame, be fully,
freely and abfolutely granted to them, and every of them, their heirs and affigns,
forever, on application for that purpofe, without any reftriction or encumbrance (of-
fice fees excepted,) or neceffary qualification in regard to cultivation, any thing here-
t. . in contained to the contrary notwithstanding: Provided, fuch officers, foldiers or
Proviso. j i - i •?•■*■ 'i rir
feamen fliall not, by virtue of his bounty, take lands in any other part oi the aiore-
faid counties.
li. 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 ad-
* The governor alone decides on appeals, by act of 1789, feet. 2.
i See ad of 1785, fed. 10.
LAND ACTS. 333
vantacrp of the fame: Beit therefore enacted by the authority afore feud. That the ^"7^ of "
va.i ^o \ ' ■(• .. ,. , ri rr r '\ ■ o il 11 1.1 - land in cacti
county furveyors, immediately after palling of this act, mail proceed to lay out ra-ewmytawoff.
each county, twenty thoufand acres of- land of the fir ft quality, in feparate tracts of meat' &?»«>*"
five thoufand acres each, for the endowment of a college or feminary of learning, ese'
and which faid lands {hall be vefted in and granted in truft to his honor the governor
for the time bein°-. And John Houflon, lames Haberfham, William Few, Jofeph And vested &
Clay, Abraham Baldwin, William Houflon and Nathan Brownlon, elqrs. and their tecs.
fucceffors in office, who are hereby nominated and appointed truftees for the faid
college or feminary of learning, and empowered to do all fuch things as to them
mail appear requii'ite and ncceffary, to forward the eftablifhment and progrefs of the
fame; and all vacancies ihall be tilled up by the faid truftees. And the faid county
furveyors fliall, in fix months after palling of this act, make return to the truftees
herein before mentioned, of regular plats of all fuch tracts as he fliall have laid out
and furvcyed by virtue of this act.
12. And.be it further enabled by the authority afore/aid, That the land granted as^«™™i*£
aforefaid, fhali be exempted from taxes.
13. And be it further enacted by the authority aforefaid, That if any citizen of any tiierz«atesmay
other ofthe United States, mall apply to the juftices as aforefaid, or to the governor warrants for c
and executive council for the time being, and produce to themfufficient evidence of his,
her or their honefty and fidelity ; and alfo take an oath that it is his, her, or their inten-
tion to remove and become an inhabitant of this (late; and the faid juftices do certify the
fame, then and in that cafe, his honor the governor and council are hereby authorized
to grant fuch perfonor perfons, fo applying, a warrant of furvey, for any quantity of
land not above one thoufand acres, on referve for twelve months : Provided never/he- Prov;so<
lefs, and it is hereby enabled, That if it mall fo happen, that any citizen who may
have obtained fuch warrant of referve, and doth not actually fettle and cultivate the
fame within the ti-me before mentioned, according to the true intent and meaning of
this a£t, the faid warrant fliall be, and the fame is hereby made null and void, and the
faid land fhall revert to the ftate.
14. And be it further enabled by the authority aforefaid, That all the officers and fol- h'w hundred Sn
diers, all the officers and mariners of the navy, officers ofthe medical department, re- tybotntefiiT"
fugees and citizens, who are entitled to land in this ftate, as bounties for their fervice-s llonfromux-
in manner as above mentioned, fliall be entitled to have included in their grants"'
an additional quantity of fifteen acres to each hundred acres, in full for and
in lieu of any exemption of taxes. And every aft, and claufe of an acl allowing fuch
exemption from taxation fliall be, and the fame is hereby repealed and declared null
and void, any thing to the contrary hereof notwithftanding.
15. And be it further enabled by the authority aforefaid, That aland court fliall be.
opened at Augufta on the firft Tuefday m April next, by his honor the governor or Jrhp,l°
the honorable the prefident with any three or more ofthe executive council, for the
purpofe of granting out lands under and by virtue of this acl : which faid couit (to be {JSSuAa^cwt
compofed of his honor the governor, or the honorable the prefident, with any three g^'uS.10
orlnore ofthe executive council as aforefaid) fliall continue fitting from the faid firft
Tuefday in April, for and during the fpace of three months, thence next enfuing, on
every Monday, Tuefday, and Wednefday of each week in the faid term, for the pur-
pofe of granting lands, and figning grants ; and on every Thurfday and Friday of
each week in the faid term, for the purpofe of hearing caveats under this a£t. * And
it fliall and mav be lawful for his honor the governor, the honorable the prefident. A,i,d uj :«*»*
' fc under this ait,
yW=LIBR ary
ATHENS
jverno
iident
with three or
mure of the
334 LAND ACTS.
with any three or more of the executive council, to fit month about in the faid court,
fo that whilft the one mall be at Augufta with three of the council holding a
land court, the other (hall beat Savannah with a conftitutional number of the coun-
cil, holding and exercifing all the other executive powers of government : Provided
proviso. neverthelefs, That nothing herein contained fhali extend, or be conftrued to excufe
both the governor and prelident, with all the members of the executive council, from
attending and being prefent, when and where the legidature fhall next meet, nor from
remaining at fuch place during the feffion of the faid legiflature purfuant to the con-
ftitution.
rayMgngrn-inrts lQ- And he it further enabled by the authority afore faid, That his honor the govern-
gaiifma?e,&c. or be requefted to fign grants for all furveys of lands that are or may be le-
without settle- gally made within the late temporary line, any requifition to cultivate* the fame,
or law or cuftom to the contrary notwithstanding: Provided only, That fuch perfon
or peribns as may apply for the fame actually refide within this ftate.
Refugees and 17- And be it enabled, That all refugees and citizens of this ftate, who are
suteeenuuedto by any aft or refolve of this ftate entitled to land as a bounty, and fhall choofe to
take the fame in either of the afoiefaid counties, on obtaining the warrant and furvey
thereof, and paying the office fees, fhall be entitled to a grant, without any reftricr
tions whatfoever.
Repealing 18. And be it farther enabled by the authority ajorejaid, That every part of any a6t
already paffed, in any wife contrary to the true intent and meaning of this act, fhall be
and the fame is hereby repealed.
By order of the Houfe.
JAMES HABERSHAM, Speaker,
Savannah, February 25, 1784.
* Again required by aft of 1785, feft. 3.
clause.
Preamble.
An'abl to amend and alter fome parts, and repeal other parts, of the fever al land
abls in this fate.
WHEREAS it hath become neceffary to make fome alterations in the feveral
land a£ts of this ftate:
1. Be it therefore^enabled by the reprefntatives of the freemen of the fate of Georgia in
linandwS-" General Afjembly met. and by the authority of the fame, That from and after the paffing
ington, how to JJ s ? sjjj' . l >-'
be granted. 0f tms att, all fuch lands as remain unturveyed, or not taken up by lome perfon or
perfons under a lawful-warrant for that purpofe, in the counties of Wafhington and
Franklin, fhall be, and the fame is hereby declared to be put upon die following
footing, that is to fay, the faid lands fhall be granted out to any perfon or perfons ap-
plying for the fame, in the lilce manner, by the like rights, and under the like reftric-
tions as are pointed out for difpofing of lands, under the land a6t, paffed the feven-
teenth day of February, one thoufand feven hundred and eighty-three, and the fup-
plemental a£t thereto, paffed on the firft day of Auguft, in the year of our Lord one
thoufand feven hundred and eighty-three, except only, that the perfon or perfons
' applying for and obtaining fuch lands, as far as the quantity of one thoufand acres,
moneytole fhall not be liable or obliged to pay any purchafe money or confideration for the
required, fo^ 0^QQ fees only excepted : Provided notwithf anting, That for all lands hereto.
ted.
'5
LAND ACTS. 335
fore furveyed by virtue of an act, entitled " An act for opening the land-office, and SSSSlSS
for other purpofes therein mentioned," the owner thereof flia.ll pay the valuation ofveycd'
faid lands, agreeable to faid acts.
2. And be it further enacted by the authority aforefaid, That all other vacant lands f^^rvacant
in the counties of Chatham, Effingham, Burke, Richmond, Wilkes, Liberty, Glynn, EEffiSuS
and Camden, fhall be, and the fame are hereby directed to be granted out in the fame
manner as before mentioned, in refpect to the faid counties of Wafhington and Frank-
lin, that is to fay, on the head -rights, gratuitoufly, as far as the quantity fixed by
law, and without any purchafe "money or confideration for the fame: Provided alfo, vmvuo.
That fuch perfons fo applying fhall take the fallowing oath or affirmation : " I, A. B. ffiSM
do folemnly and fincerely fwear (or affirm, as the cafe may be,) that the head rights Foraitli?
delivered in by me are jufl and true, and that I have not, nor hath any perfon for me
or in my name, taken up or located the head right or head rights of my family, now
applied for, either in this or any other county within this ftate; nor have I, or
any other perfon for me, difpofed or fold the fame, fo as the head rights of my fa-
mily may be illegally obtained."
3. And be it further enacted, That any time hereafter, if any perfon or perfons persons convic-
convifted of having afted contrary to the above oath, after having taken the fame, ^ai"f0'rfeitrtfe
exclufive of the pains and penalties annexed to perjury, fhall forfeit the land fo frau- thereby, exciu-
i i l j ■ j * sive of the le^al
dulently obtained, and the fame fhall be from thence conlidered as revefted in the punishment.
ftate; and that no perfon applying fhall obtain any warrant, furvey or grant, unlefsWarrantS)Upon
for himfelf or themfelves, or for his, her or their own family or families; andthat^onsVo'fe'gran
any perfon or perfons, who fhall obtain lands under and by virtue of this act, fhall
in eighteen months thereafter, fettle on and cultivate three acres for every hundred
acres of the fame, and in cafe of non-compliance, he, fhe or they, fhall be fubject to
treble tax for faid lands.
4. And be it further enacted by the authority aforefaid, That the juftices of the peace Land courts to
for the counties of Wafhington and Franklin fhall, in future, form a land court, v*ashin#on&
and fhall grant land, try caveats, and otherwife proceed in the fame manner as the theotiKreou*.
juftices do in other counties of this ftate; and fhall in all refpefcfs have the fame pow-
ers committed to them over the county furveyors, and others concerned in the land
bufinefs, as the faid other juftices have.
5. And be it further enacted by the authority aforefaid, That in cafe any furveys Allsurv s d
have been made, or grants obtained for any lands lying or being without or beyond^ 0ut°the"£
the lines of fome one of the counties of this ftate already laid out ; all and every fuch ™unt°yf *mne
furvey or grant fhall be confidered as fraudulent, and the fame is hereby declared nullandvoid"
and void ; and the perfon or perfons making fuch furveys, or obtaining fuch grants, offenders, how
fhall be profecuted and punifhed agreeable to the eleventh fectiom of the land act, paf t?dbepr'secu*
fed on the feventeenth day of February, in the year of our Lord one thoufand feyeh^«itiiithe
hundred and eighty-three. No grants fhall be figned till the furvey has been adverti- teredandaf."
*-* * o jtj -j vcrtised three
fed by the furvey or of the county, at leaft three months after they have been recorded ™nn\hss'uyr;hc
by the. faid county furveyor; and that the furveyor be allowed one fhilling and two- %g%e
pence for every fuch advertifement, to be paid by the grantee. a surveyor
6. And be it enacted, That where it fh all appear that any furveyor has knowingly-rmuTir^across
run acrofs another's line, or furveyed land, before furveyed, the laft mentioned furvey Hi<4eyiwsh0nd
fhall be deemed null and void, and fuch furveyor liable to a find of fifty pounds for ed.°trhVutey~
every offence to be recovered by action of debt, in the fuperibr court of the count) ™$0^e£ff
where the faid lands fhuil lie, one half whereof fhall go to the party who fhall inform f.;'™^here<
and fue for the fame, and the other half to be paid into the public treafury. All grants "p^"4
336 LAND ACTS.
regtrteredtn when regiftercd in die books of the county furveyors * agreeable to law, mall be
lo^rwlcc'^regiftered, not only in the name of the perfon to whom it is granted, but alfo in the
name of the perfon who then holds the fame ; and unlefs it is fo regiflered in the books
of the county furveyor, within one year after palTing the grant, it (hall be deemed va-
cant land, and be liable to be furveyed- by any perfon who fliall apply for the fame;
c.untv smvey- and every county furveyor who (hall fail to regifter fuch grant within three months
waster1 grant*, .after the fame is delivered into his office, fliall forfeit and pay the fum of fifty pounds
sha41 forfeit fif- , . ± J / r
ty pounds and fpecie, to be recovered and applied in manner aforefaid, and fhall pay all damages to
the party injured by fuch negleft.
where there 7- And be it alfo enabled, That in cafS two grants fliall be given for one and the fame
%r the fame8 traft of land, each of them obtained within the time allowed by law, that in fuch cafe the
carnoftheeoMest eldeft furvcy fliall be deemed valid in law, in fo far as to entitle the party who made the
CMveerydoui.iere" firft furvcy to an aftion of damages againft the other, and the faid land fliall be fubjeft
the land, to an execution founded on any judgment in fuch fuit in preference to any other
which shall he .' J o r ]
subjeft'-to'tiw encumbrance or claim whatfocver. Provided, the faid fuit be brought within five
such suit must years after the date of the faid furvey, and when it fliall appear by fufficient evidence
be brought in - . 11 ■ •■ . * £ J .
thc(Hterofftcr to a c°urt and jury, that any perfon hath obtained a grant, the right of preference
saidsuwev. to wfoicfe lands was, at the time of obtaining the faid grant, by law veiled in any oth-
er perfon, then and in that cafe, fuch perfon fo offending fhall forfeit and pay the in-
jured party a fum equal to twice the value of the faid lands, or relinquifli the fame.
Mwed'for'fii 8. And be it further enabled by the authority aforefaid, That all warrants already
months. granted, fhall be, and the fame are hereby renewed for the term of fixf months inftead
persons cuim- of three, as had been heretofore ufed, bounty warrants excepted: which fhall not be
to^aby°"heW out of date at any time before they are located.
fo0recti"siau(i 9. A nd whereas, it is apprehended that great abufes have happened in regard to
bounties: Be it therefore enabled by the authority aforefaid, That in future, all and
every perfon or perfons whatfoever, who conceive himfelf and themfelves entitled to
bounty, fliall lay his, or their vouchers or credentials, before the faid land court,
where they apply for the fame, who fhall, on a full confederation of all circumflances
one year ai- refpefting the petitioner, either grant or rejeft the application, as coming or not com-
inluchdaims. ing within the fcope and intention of the feveral laws of this flate for granting boun-
i.ine between ties ; and no funveys of land due as bounties from this flate fliall be allowed, unlefs
piea'nd'indfans bro ught in and claimed within one year from and after the paffing this aft.
taineda.sce£" 10. And in order to afcertain and determine the line between the white people and
the Indians of this flate, Be it enabled by the authority aforejaid, That his honor the
governor, by and with the advice and confent of the executive council, fhall nomi-
nate three fit and.difcreet perfons on the fide and in behalf of this flate, and fhall fend
up to the Creek nation and invite them to appoint perfons on their fide, and in behalf
of their nation ; which faid commiffioners on both fides fhall, as foon as pofnble meet,
and in conjunction run the faid line, agreeable to treaty, and according to law, en-
beex4nded to de?vori'ng to obtain for the white people, as large a compafs of ground as they can;
the'twofo^s and in cafe the faid commiffioners extend the faid line as far as the branch of the
Vov'thTc^na- Oconee, called the Little River, that then the two forks of Oconee, the one made by
Sfery, <£c, Little River and the other by the branch next above the fame on the fouth fide of the
faid river Oconee, fhall be deemed a referve to make good the engagements to the
continental foldiery, and feamen and officers of the medical department of this flate;
and no furveys or grants, (except fuch as have been already made to the faid foldiery,
* Repealed by aft of 1786. See fee. 2.
Extended to two years by aft of 1786, fee. 3,
LAND ACTS, 337
Teamen and officers of the medical department) within the faid forks fhall be held and
confidered as good and valid, unlefs the fame fhall appear to be agreeable to the terms
of this act ; and after the laid line (hall be run as aforefaid, there fhall be one year al- Whosiiallbe
lowed to the faid foldiery and feamen, and officers of the medical department, to make *^:f4?n^a.
their furveys,and take out grants for their refpeclive bounties to which they are entitled feo^lke
within the faid river. ^"^
1 1 . And be it further enabled by the authority aforefaid, That the furveyors of Wafh- county r„r-
irigton and Franklin counties fhall be under the fame regulations as the furveyors o&Su^ra*™*
i , • • 1 • i • r> county lines.
the other counties within this (late.
12. And be it further enabled by the authority aforefaid, That the county furvey-
ors of each county are hereby authorized and required to afce-rtain and run their re-
fpeftive county lines, according to the constitution and laws of this ftate, except fuch
as are already afcertained, the expence whereof fhall be equally borne and difcharged
by the two counties whofe divifion line it is.
JOSEPH HABERSHAM, Speaker,
Savannah, February 22, 1785,
An abl for the ratification of certain agreements made and entered into by commiffwn*
ers, appointed by the legiflatures of Georgia and Carolina, for the pur p of e of fet-
tling certain difputes relative to boundary.
WHEREAS, by an ordinance paffed by the legifiature of this ftate, commif- ^7"^-
fioners were appointed and authorized to meet other commiffioners, fimilar- c*Vgf£lnV
)y appointed by the ftate of South-Carolina: And whereas, the faid commiffioners, naf«w£dll"
or a majority of them from each ftate, were vefted with full powers to fettle all dif-
ferences, controverfies, difputes and claims, which fubfifted between the two ftates,
relative to boundary : And whereas, they, conformably to thofe powers, did, on the
twenty-eighth day of April, in the year one thoufand feven hundred and eighty-fe-
ven, in convention at Beaufort, in the ftate of South-Carolina, by certain inftru-
ments of writing to which the faid commiffioners interchangeably fet their hands and
affixed their feals, make mutual conceffions and agreements for the purpofe aforefaid:
Be it therefore enacted by the reprefentatives of the freemen of the fate of Georgia in
General Affembly met, and by the authority of the fame, That whatever was done by
the faid commiffioners, or a majority of them as aforefaid, is hereby ratified^ and
fhall be confidered as binding upon the citizens of this ftate, any law to the contrary
notwithstanding.
NATHAN BROWN SON, Speaker.
Augufta, February, 1788.
An abl to prevent perfons from fettling or furveying any part of the late ceffion of lands
between the rivers Alatamaha and St. Marys.
l-W
HERE AS it is not proper that any of the late ceffion of land, between the Preamble
Alatamaha and St, Mary's River, fhould be fettled or located at prefent:
U u
338 LAND ACTS.
vc7inTt°>eSur" &e & enabled by the reprefentatives of the freemen of the fate of Georgia in General
IkSjyii^e-" Affembly met, and by the authority of the fame , Thai no perfon fliall prefume to fur-
Sll'st. M»- vey or fettle on any land lying between the Alataraaha, and Oakmulgee and St. Ma-
muiRM RiWus, ry's Rivers, above the old Indian boundary line, being lands lately ceded to this {late;
inWion oTthe and if any furvey (hall be made, it fhallbeof no effect, and the perfon making fuch
shin forfeit one furvey fhall forfeit and pay the fum of one pound for every acre of land fo furveved :
wrc. And all warrants for furveying lands within the above boundaries, and all grants of
lands therein, are hereby declared void, null and of no effe£t; and all fuch lands fhall
flill be deemed vacant land, and fliall be liable to be furveyed as fuch, when the le-
giflature fhall give permiffion to locate the lands above mentioned: Provided, That
nothing herein contained fhall extend to the counties of Glynn and Camden, the va-
cant lands of which may be furveyed as formerly.
And if any perfon fhall fettle on the faid lands before the legiflature fhall give per-
miffion to locate the fame, fuch fettlement fhall not give any right of pre-emption or
preference whatever.
unnecessary to 2. And be it enabled by the authority aforefaid, That fo much of the late land law
register grants. . , J S . J ~> .
as requires all perlbns to regifter their grants m the office of the county furveyor5
within twelve months from the date thereof, be and the fame is hereby repealed.
wan-ants not o And be it enabled, That no warrant fliall ever be out of date, if furveyed with-
to be out of date «•* 7 ' /
fcrt.vo years. m two years from the date of faid warrant.
By order of the Houfe.
WILLIAM GIBBONS, Speaker.
Augufla, February 13, 1786.
A fupplement to the fever al land laws of this fate.
The governor i. T)E IT ENACTED by the Senate and Houfe of Reprefentatives of the fate of
forAtand'man6- JL3 Georgia in General Affembly met, That the governor be, and he is hereby
granu.^""2 empowered to direel the form and manner of paffing grants for land through the
fecretary of the flate's office, any law, cuftom or ufage, to the contrary notwith-
flanding.
Heahaii -I 2. And be it further enabled, That the governor be, and he is hereby veiled with
hear ana defer- a^ tne powers of governor and executive council, under the late conftitution, fo far
™eatt0DCa~ as the faid powers extended to the hearing and determining on caveats and figning of
grants.
il . . q. And be it alfo enabled, That any three or more iuflices of the peace in their
Three justices O J • » • r i J r ■ n •
'and co"rta refpective counties, fliall ufe and exercife the powers given to four j unices and an al-
fiftant juflice, by an a£l entitled " An act to repeal and amend fome part of an a£l
ti«mcshaii0sign entitled, an act. for opening the land-office, paffed the fird day of Auguft, one thou-
thewarrams. fanci feven hundred and eighty-three." Provided, That the faid three or more juflices
fhall each of them fign all warrants for land by them granted.
The beginning 4. And be it further enabled, That no plat of any furvey fhall hereafter be allowed
dearly setforth to pafs the office of the furveyor general, or any county furveyor which does not
county survey- clearly fet forth the beginning corner of fuch furvey, and no county furveyor fhall be
itworhou- allowed to proceed in the duties of his office, without firft giving bond and approved
sand pounds. r * r> 1 • 1
fecurity in the fum of two thoufand pounds payable to the governor for the time be-
LAND ACTS. 339
ing and his fuccefTors in office, for the faithful difcharge of the duties required of
fuch county furveyor.
SEABORN JONES, Speaker of 'the Houfe of ' Representatives .
NATHAN BROWNSON, Prefident of the Senate.
Concurred, December 23, 1789.
EDWARD TELFAIR, Governor,
An act to veft certain powers in his excellency the governor, to prevent abufes in per Jens
fufVeying lands already granted, and lands furvey ed not within the limits of any coun-
ty, defer ibtd by law, and for other pur p of es.
1. "OE IT ENACTED by the Senate and Houfe of Reprefenlatives of the fate of
JL3 Georgia in General AfJembly met, That his excellency the governor be, and Tr,e governor
he is hereby required on the information of any perfon or perfons on oath, fetting cS^o'pre-
forth, that any furvey or furveys of land within this ftate have been illegally made, ^vey0^65"
and contrary ro the laws thereof, that then, and in that cafe, he (lay all proceedings
on all fuch furvey or furveys, and that he notify in the public gazette, for fixty days,
requiring the party or parties to appear before him at the executive chamber, there
to be examined on the premifes, on oath, and to judge and determine according to
law, and the opinion he may entertain of the evidence, and on fuch determination,
either to annul and render void, the faid proceedings had on fuch furvey or furveys,
or fully to carry into effeft, by granting of the fame, any law to the contrary not-
withstanding.
2. And be it enabled by the authority aforefaid, That no county furveyor or his on what war-
deputy mall, after the paffing of this aft, admeafure or furvey to any perfon or atetom'akelur!
perfons poffeffed of, or holding a warrant iffued prior to the tenth day of December
inftant, except fuch warrant fhall appear to be the head rights or bounties of the pof-
feffor, founded on the laws of this ftate; and the juftices within the feveral counties,
holding land courts, are hereby exprefsly forbid to make any renewal of transferred wasn't srnott.
warrants whatfoever, any law to the contrary notwithstanding.
THOMAS NAPIER,' Speaker of the Houfe of Reprefenlatives,
BEMJAMIN TALIAFERRO, Prefident of the Senate.
GEORGE MATHEWS, Governor.
December 25, 1794.
An aHfor preventing controverfies concerning the bounds of land, and for proceffwning
the fame.
1. T)E IT ENACTED by the Senate and Houfe of Reprefentatives of the fate of rime Procc«.
JLJ Georgia in General Affembly met, and by the authority of the fame, That once in nominated ia
every ten years, the bounds of every perfon's land fhall be proceffioned or gone dtoia.mpany
round, and the land marks renewed in manner following, that is to fay, it fhall be the
duty of every captain or commanding officer in each militia company diftri£t through-
out this ftate, at their refpeftive company mufters, after the firfl day of June next,
to hold an election for three perfons, who (hall be appointed proceflioners of land
1
340 LAND ACTS.
Then duty. for eacn dift rift ; and all and every perib-n in this ftate are hereby required, to pro-
ceffion and go round their refpective trafts of land, in manner and form as is here-
after pointed out by this aft, that is to fay, wherever two perfons' lines join, they
are direfted and required to meet and chop, or plainly mark the fame, with one or
more perfons difinterefted, to fee that they do not difagree refpeftingthe land marks,
and make new line trees; but whenever a difpute fhall arife about fuch line, the com -
miffioners or proceffioners appointed as aforefaid, mail come forward with the coun-.
ty furveyor, to affift in afcertaining and determining the true line between the parties^
and mark out the fame, each commiffioner receiving for fuch fervice one dollar per
day, and the furveyor two dollars per day, which fhall be paid equally by the parties
difagreeing as aforefaid; and where one of the parties concerned, or his agent or re-
prefentative, after being duly fummoned fixty days before the day for proceffioning
the fame, fhall fail or refufe to attend, it fhall and may be lawful for the other party
to call on the proceffioners, who fhall then proceed to mark out the line, at the ex-
pence of the party refufing or failing to attend as aforefaid.
|^fonedbmro" 2. And be it further enacted,. That all lands throughout this ftate fhall be procef-
undere terpen- fioned or gone round, in manner and form as painted out by this aft, in twelve
*-eddo°°3rt.' months from and after the firft day of June next, under the penalty of one hundred
dollars for the omiffion or refufal of every perfon or perfons fo refufing, one half
to go to the informer, and the other to county ufes, to be recovered by bi<ll, plaint or
information, in any court having cognizance thereof.
Ruusaling 3* ^'l^ ^e it further cnaBedr That all laws paffed for this purpofe be, and the fame
are hereby repealed.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives,
DAVID EMANUEL, Prefident of the Senate,
Affented to February 2, 1798.
JAMES JACKSON, Governor.
» » » » •
An act to revife and amend tl An aB for preventing controverfes concerning the bounds,
of land j and for proceffioning thefttin^''
1. T> E IT ENACTED by the Senate and Houfe of Reprefentatives of the flate of Geor
Times for pro- J3 gia in General Afjembly met, and by the authority of the fame, That the time
&°,nmegantt6 allowed for proceffioning lands by an aft, entitled " An aft for preventing controvert
fies concerning the bounds of land and for proceffioning the fame," paffed at Lou-
ifville the fecond day of February, one thoufand feven hundred and ninety-eight,
fhall be and the fame is hereby extended to the firft day of July in the year of our.
Lord eight hundred; and any perfon failing to proceffion and new mark the true
lines of their land in manner therein pointed out, fhall be fubjeft to the fines and pen-
alties therein mentioned.
Any person in-. 2. A iid be it further enabled by the authority aforefaid, That whenever any perfon in-
li^ut ive tends to proceffion his lands which adjoin lands belonging to any other perfon or per-
t;n d.iy,' notke lor) s who mav refide in the county in which the lands lie; then and in that cafe,
to tho e con- ' / J r>iiri
[hencoduiity? written notice fhall be given to fuch perfon or perfons at leaft ten days before, that
he will on a day fpecified in the notice proceed to proceffion the lands adjoining fuch,
perfoiij and if the perfon fo notified fhall fail to attend at the time appointed, then the:
LAND ACTS, 34*
oppofite party may in prefence of the neighbors, or inhabitants contiguous to the
land, go round and new mark his tree lines, which fhall be confidered on his part as
fully complying with the before recited afct.
q. And be it further enabled. That whenever any perfons own lands in this flate, if out of the
" ,-V ir>i r 1 • l • l 1 l 1 L county, notice
adjoining land of another who renders out or the county in which the lands may De^e'^ena,
intended to be proceffioned, then and in fuch cafe notice fhall be given by advertife- j^jjfjka*
ment in one of the public gazettes of this ftate, that he will on a day therein mentioned,
proceed to procefiion his own lands as herein before directed, which fhall be pubiifhed
at leafl fix months previous to the time appointed for proceffioning the lands, and the
expence of advertifing fhall be paid by the owner or owners of the land to be noti-
fied.
4. And be it further enabled, That any perfon or perfons may as agent or attorney Apents may
for the owner of any lands to be proceffioned, on producing a part or parts, and grant Ln0<i?"i0Ii
or grants thereof, proceed to procefiion the fame, for and in behalf of the proprie-
tors, in like manner as if they were themfelves prefent, and had done the fame.
5. And be it further enabled,* That whenever the lines of lands are difputed, and f"t"sea°^dtfs-
are refurveyed as directed by the before recited a£t, that then and in every fuch cafe, ^{f^*,^
a plat of fuch lands be made out by the county furveyor or his legal deputy, and cer- cordedTnuu"
tified by him, and the proceffioners of the diftriQ, and mall be by faid furveyor re- office•
corded in his office. Provided, That nothing in this acl contained, fhall extend, or Proviso.
be conftrued to extend to affe6t the trafts of land fold under the confifcation aft,
where the plats fhall not appear of record in the furveyor general's office, fo as to give
a preference of title for want of proceffioning. And provided alfo, That where plats provu.
for lands, granted or furveyed for any perfon or perfons, prior to the fourth day of
July one thoufand feven hundred and feventy-fix, fhall not appear of record in the
furveyor general's office, and the lofs of the original plat fhall be fatisfaclorily proven
to the proceffioners by the perfon holding or claiming any traclortraQs of land as a-
forefaid, the faid proceffioners fhall proceed to proceffion from the bed evidence in
their power to obtain.
6. And be it further enabled, That returns of the electors of all proceffioners herd- £J3JJ5£"
tofore or hereafter to be made, and fhall be depofited of record in the clerk's office ftrt£!befi"
of the fuperior court, in the county wherein they fhall or may be fo appointed; and derk'scffkc'
where any vacancy fhall happen in the appointment of proceffioners, either by death,
refignation, removal out of the diftri&s, or otherwife, fuch vacancy fhall be filled in
manner pointed out by the faid recited a£t, and return thereof made as herein before
directed.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentacivcs*
ROBERT WALTON, Prefident of the Senate,
Affented to February 18, 1799.
JAMES JACKSON, Governor.
An att to add a number of plats, collected by the fecretary of fate,, to the furveyor ge-
neral's office.
X^THEREAS the fecretary of ftate hath produced a book, wherein he hath co-
V V pied fix hundred and fixty-four plats from the originals, found amongft loofe
342 LITERATURE AND GENIUS.
papers in his office, which have been examined by the furveyor general, and bv him.
certified to be accurately copied from the laid originals, and it is proper that all fuch
old plats as have been loft or deftroyed during the late war, mould be replaced when-
puts collected ever opportunity offers: Be it therefore enabled by the Senate and Houfe of Refrefen-
Jy, ahddedCtota* tali ves of the Jlate of Georgia in General Afjembly met, That the laid fix hundred
^ncrli-soffice. and fixty-four plats or furveys be, and the fame are hereby attached to the office of
furveyor general, and are hereby declared to conftitute a part of the records of that
office.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives,
DAVID EMANUEL, President of the Senate.
AfTented to February 2d, 1798.
JAMES JACKSON, Governor.
LITERATURE AND GENIUS.
Preamble.
An act for the encouragement of literature and genius.
1. T % 7HEREAS the principles of natural equity and juftice require, that every
V V author mould be fecured in the receiving the profits that may arife from
the fale of his works, and fuch fecurky may encourage men of learning and genius
to publifh their writings, which may do honor to their country and fervice to man-
Authors of kind: Be it enacted by the. reprefentatives of the freemen of the fate of Georgia, in Ge-
&c, giving an neral A ffembly met, and by the authority of the fame, That the author of anv book or
exclusive right M J . S S J, J . ? . . J
fourten"1 pamphlet not yet printed, or 01 any map or chart, being an inhabitant or reiident
in thefe United States, and his heirs and affigns, mall have the fole liberty of print-
ing, publifhing and vending the fame within this flate, for the term of fourteen years,
to commence from the firlt day of its firft publication in this ftate. And if any per-
fon or perfons, within the faid term of fourteen years, ill all prefume to print or re-
print any book, pamphlet, map or chart, within this ftate, or to import or introduce
into this ftate for fale any copies thereof, reprinted beyond the limits of this ftate, or
fhall knowingly publifh, vend, and utter or diftribute the fame, without the content
of the proprietor thereof in writing, figned in the prefence of two credible witneffes,
every fuch perfon or perfons fhall forfeit and pay to the proprietor of fuch book, pam-
phlet, map or chart, double the value of all the copies thereof fo printed, imported,
diftributed, vended or expofed for fale, to berecoveredby fuch proprietor in due courfe
»rovi« °f law: Provided neverthelefs, That no author, affignee or proprietor of any fuch
^e£a"thoerofr book, pamphlet, map or chart, fhall be entitled to take the benefit of this ftatute,
Fheuue'To'b.* until he fhall duly regifter his name as author, affignee or proprietor, with the title
«crerurt\nthe thereof, in the office of the fecretary of the ftate, who is hereby empowered and di-
office reeled to enter the fame on record. ;
if the author u 2« -^n(^ ^e li further enabled by the authority oforefaid, That at the expiration of
cnd'ol-founeen the faid term of fourteen years, in the cafes above mentioned, the fole right of print-
^ir's.'ic'.have ing and difpofing of fuch book, pamphlet, map or chart, in this ftate, lhall return
^fourteen1'1 to the author thereof, if then living, and his heirs and affigns for the term of four-
teen years more, to commence at the end of the faid firft term; and that all and eve-
ry perfon or perfons who fhall reprint, import, vend, utter or diftribute in this flate,
LITERATURE AND GENIUS. 343
any copies thereof, without the confent of fuch proprietor obtained as aforefaid, du~
ring the faid fecond term of fourteen years, fhall be liable to the fame penalties, re-
coverable in the fame manner as is herein before enacted and provided.
3. And whereas, it is equally neceffary for the encouragement of learning, that proprietors t©
the inhabitants of this (late be furnifhed with ufeful books, Sec. at reafonable prices: rScUftsirft
Be it further enacted, That when any fuch author or proprietor of fuch book, pam- atreasomwe1^
phlet, map or chart, fhall neglecl to furnifh the public with fufficient editions there- suojea to the
* ' 1 " . 4 . order of the su*
of, or fhall fell the fame at a price unreafonable, and beyond what may be adjudged v^w court.
a fufficient compenfation for his labor, time, expence and rifk of fale, the chief
juftice of the ftate^ on complaint thereof made to him in writing, is hereby authori-
zed and empowered to fummon fuch author or proprietor to appear before the next
fuperior court, to be holden in the county where fuch author or proprietor dwells, if
a refident of this ftate, if not, in the county where fuch complainant dwells ; and faid
court is hereby authorized and empowered to enquire into the juftice of fuch com-
plaint, and if the fame be found true, to take fufficient fecurity of fuch author or
proprietor, conditioned that he fhall, within fuch reafonable time as faid court fhall
dire8, publifh and offer for fale, in this ftate, a fufficient number of copies of fuch
book, pamphlet, map or chart, at fuch reafonable price as fuch court fhall, on due
confideration, affix; and if fuch author or proprietor fhall before faid court, neglect
or refufe to give fuch fecurity as aforefaid, the faid court is hereby authorized and
empowered to give fuch complainant a full and ample licenfe to reprint and publifh
fuch book, pamphlet, map or chart, in fuch numbers and for fuch term as faid court
(hall judge juft and reafonable: Provided, fuch complainant fhall give fufficient fe-
curity before faid court, to afford faid reprinted edition at fuch reafonable price as
faid court fhall thereto affix.
4. And be it further enacted That any perfon who fhall procure and print any un- Persons, print.
publifhed manufcript, without the confent and approbation of the author or propri- senptTkhouc
etor thereof, firft had and obtained, if fuch author or proprietor be living and refi- the author, in-
dent in, or inhabitant of this, or any other of the United States, fhall be liable to fuffer
and pay to the faid author or proprietor, his juft damages for fuch injury, to be re-
covered by aclion brought on this ftatute in any court of law in this ftate, proper to
try the fame. Provided always, That nothing in this a£t fhall extend to af-Pr'ov.8
feci;, prejudice, or confirm the rights which any perfon may have to the printing or
publishing of any book, pamphlet, map or chart, at common law not mentioned in
this acl, or fcreen from legal punifhment, any perfon or perfons who may be guilty
of printing or publifhing any book, pamphlet, or paper that may be profane,
treafonable, defamatory, or injurious to government, morals, or religion. Provided
alfo, That this a£t fhall not extend, or be conflrued to extend in favor, or for the
benefit of any author or perfon refiding in, or inhabitant of any other of the United
States, until the ftate or ftates in which fuch perfon or perfons refide or dwell, fhall
have paffed fimilar laws, in favor of the authors, of new publications, and their heirs
and affigns.
By order of the Houfe.
WILLIAM GIBBONS, Speaker.
Augufta, February 3, 1786.
Mi LAZARETTO.
An act io empower the commiffioners therein named, to pur chafe from Jofiah Tatnall, efq,
his executors or adminiflrators, one hundred and four acres of land, for the purpofe
of erecting a lazaretto upon Tybee Ifland,
fieambia. i. T? 7* HERE AS the frequent importation of cargoes of (laves into this province,
YY renders it neceffary to have fome buildings erected in a convenient and fafe
place, where fuch (laves can be landed, and in cafe of diftempers being among them,
be properly lodged and attended. And whereas the general aflembly of this province
have thought the weilernmoft point of Tybee Ifland, and within the creek, a proper
place for that purpofe, which land is the property of Jofiah Tatnall, efq. Be it there-
at hundred 8cfo re enabled, That immediately from and after the paffing of this afl, it (hall and may
ifZionrTybfee be lawful for the commiflioners hereinafter named, or any three of them, to accept
purchased, for and take from Jofiah Tatnall, efq. his executors or administrators, a fit deed of con-
aiLearretto,n&c veyance in the law, by him or them to be duly executed, whereby to veft in them the
faid commiflioners, and the furvivors or furvivor of them, and the heirs of fuch fur-
vivor, in truft to and for the ufe of the. public of this province forever, one hun-
dred 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, and for the purpofe of
Vested in com_ erecling a lazaretto, and other buildings ) and of which premifes the faid commiflion-
Mbucuwaf" ers> anc* lhe furvivors of them, and the heirs of fuch furvivor, (hall (land feized for
the ufe of the public of this province as aforefaid, and upon receipt of fuch deed or
conveyance, to pay to the (aid Jofiah Tatnall, his executors, adminiflrators or af-
figns, the fum of feventy pounds, lawful money of the faid province, for the pur-
chafe thereof, which fum of feventy pounds the treafurer is hereby dire&ed and em-
powered to pay to the faid commiflioners} or any three of them, out of the produce
of the tax for the prefent year.
sommisMoners 2. And be it further enacted, That the honorable Noble Jones, Grey Elliot, and
Alexander Wyly, efqrs. and Jofeph Gibbons and John Smith, efqrs. be, and they
are hereby nominated and appointed commiflioners for executing and putting in
force this acl, according to the true intent and meaning thereof.
ALEXANDER WYLY, Speaker.
nominated.
JAMES WRIGHT.
March 26, 1767.
JAMES HABERSHAM, Prefident.
LIGHT HOUSE.
An act to empower thefenators, oronefenator and two reprefentatives from this flate,in the
congrefs of the United States, tofign,feal and deliver a deed ofceffon, of the light houfe
on Tybee If and, and fve acres of land belonging thereto, to the United States.
Lighthouse™ 1. T> E IT ENACTED by the Senate and Houfe of Reprefentatives of the fate of
Tyhee Island,
B
on'anaVbe" -*-* Georgia in General Afjembly met, That from and immediately after the pal-
ni«ddsutelu"^inS of this act, it (hall be lawful for the fenators of this (late in the congrefs of the
United States, or for one of the faid fenators, with any two of the reprefentatives of
this (late, to the faid congrefs, to fign, feal, and deliver a deed of ceflion to the United
States, on behalf of this itate3 of; in and to the fame, and of five acres of land neareft^
LUMBER. 345
adjoining, and belonging thereto, to hold the fame and every part thereof to tne faid
United States forever. Provided always, That the faid United States fh all keep the -to be kept'in
fame in proper repair, and {hall fupply the fame with the neceffary lights. And pro- jS^wit*
vided alfo, That the act allowing threepence per ton for clearing and removing wrecks f™*^ f
and other obftrucuons in the river Savannah, be continued until the fame fhall be th«gp«« '
completely cleared.
WILLIAM GIBBONS, Speaker of the Houfe of Reprefentativcs,
NATHAN BROWNSON, Prefdent of the Senate,
EDWARD TELFAIR, Governor,.
December 15, 1791.
LUMBER.
An act to regulate the admeasurement and infpetlion of lumber, faves,f tingles, and for
other purpofes therein mentioned.*
E IT ENACTED by the Senate and Houfe of Reprefentativcs of the fate of^^SH
Georgia in General Affembly met, and by the authority of the fame, That from merchantab!e'
and after the paffing of this afct, ranging timber, fcantling and boards, fhall be deem-
ed merchantable only, when made, fhaped, formed and conditioned as is herein af-
ter direfted, that is to fay, all ranging timber, fcantling and boards, fhall have fquare
edges, be found, and without decay: Neverthelefs, if any fcantling or boards to be sput, de«ye<i,
meafured and infpetled under and by virtue of this a ft, (hall be fplit, decayed or counted £ bad,
fra£hired more than two feet, and lefs than fix feet From the end thereof, in that cafe, tol
fuch fplit, decayed or fraftured part fhall be left out, and not counted in the faid mea-
furement.
2. And be it further enacted, That pipe, hogfhead and barrel ftaves, fhingles and staves, sms-
heading, &c. mail be confidered merchantable only, when made, formed, fhaped iindto£eha#t*
and conditioned in manner following, viz. pipe ftaves to be at lead fifty-four inches
in length, three and an half inches in breadth, and one inch thick on ihe edge; hogf-
head ftaves to be forty-two inches long, three and an half inches broad, the one edge
an inch, the other not lefs than three quarters of an inch thick, found and free from
worm-holes or knots; barrel ftaves to be two and an half feet long, not lefs than three
and an half inches wide, one inch thick on the one edge, and not lefs than three
quarters of an inch thick on the other edge, ftraight, and free from decay, worm or
knot holes; heading to be two and an half feet long, fix inches broad, an inch
thick on the one edge, and not lefs than three quarters of an inch thick on the other
fide, found, and free from decay, worm or knot holes; fhingles to be twenty-two
inches long, not lefs than three and an half inches wide, a half inch thick at the thick-
er end, not decayed, free from worm or knot holes.
3.t And be it further enacted, That the infpeftors and meafurers to be appointed as j^j*^!™**1*
herein after directed, fhall and are hereby entitled to receive for their trouble and theirdaty-
care, in and about the infpefting, meafuring or afcertaining the quality and dimen-
Xx
* This aft, fo far as refpefts the admeasurement of lumber, repeated by aft of 1 798, which was re^
pealed by aft of 1799, feci:. 8.
f This feftion repealed by aft of 1 799, feft. 1 and 7,
3i6 LUMBER.
(ions of merchantable lumber of the various forts as herein before enumerated, the
prices and compenfation following, viz. For ranging timber per thou (and feet, feven-
pence; for fcantling and boards per thoufand feet, one {hilling and ninepence; for
superficial ftaves and heading per thoufand, three {hillings and fixpence; for fhingies per thou-
pt'oakand fand, one fhilling ; and twopence; for live oak and cedar, three millings per hundred
ced.ir
Refuse lumber ieet.
and fees
4 Re-enacted by aft of 5th December, 1799, feftions 4 and 6.
5 Repealed by aft of 1799.
6 Re-enacted by a£t of December, 1799.
tedPyea?" by c* 7. And be it further enabled, That perfons appointed to be infpeftors and meafu-
Tobe'swom & rers of lumber as aforefaid, fhall, before they enter on the duties of their office, take
Thu-"ty' h the oath or affirmation following, viz. "I, A. B. in the prefence of Almighty God,
do folemnly fwear, or affirm, that I will fairly and honeftly, to the beft of my fkill
and judgment, execute the office of the infpeftor and admeafurer, according to law.
So help me God." And fhall each enter into bond, with fufficient fecurity, before his
excellency the governor or two or more of the juflices of the inferior court of the county
in which fuch infpeftor fhall refide, in the fum of five hundred pounds, for the due and
faithful performance of his laid truft, which fhall be lodged in the clerk's office of fuch
court. And no perfon or perfons fhall be permitted to infpeft or admeafure lumber as
to°indpeapund« aforefaid, except thofe appointed by the legislature; and if any perfon or perfons fhall
fneSured0f attempt to infpeft and admeafure as aforefaid (except thofe herein before excepted)
doiia». every fuch perfon or perfons fhall, for every fuch offence, forfeit and pay the fum
of five hundred dollars, one third to the informer, and the remaining two thirds to
the ufe of this flate.
THOMAS NAPIER, Speaker of the Houfe of Reprefentatives.
BENJAMIN TALIAFERRO, Prefident of the Senate.
GEOR.GE MATHEWS, Governor.
December 16, 1794.
An act for the better regulating the admeafurement of lumber within this flate.
■W;
HEREAS it has been found by experience, that that part of the law, for ap-
pointing lumber meafurers, will by no means anfwer the purpofe intended
Lumber mea- by the legiflature. Therefore, Be it enabled by the Senate and Houfe of Reprefentatives
certificates, & of the flate of Georgia in General Affembly met, That from and immediately after the
agreed on be- parting of this aft, all perfons qualified to meafure lumber, may admeafure and give
certificates as is ufual in fuch cafes, and receive fuch compenfation as fhall be agreed
upon by the feller, purchafer, and perfon meafuring the fame.
2 And whereas, raftmen and other perfons have long been in the habit of taking up
drifted lumber of all defcriptions, and difpoling of the fame, and converting of the
Ferris taking profits to their own ufe. Therefore be it further enacted, That if any raftman, or men,
drifunmbe?f or other perfon or perfons, fhall attempt to difpofe of any drifted lumber fo taken up
rive hundred81 by him or them within this ftate, fhall be liable to pay a fine not exceeding five hun-
imp'n oned not dred dollarsfor every fuch offence, to be recovered in any court having jurifdiction
eight months. 0f the fame, one half for the benefit of the informer or profecutor, and the remain-
One half of said " rr n •
ferm«|aeno- mS m°iety to the ufe of the county wherein fuch offence fhall be committed, or to
ceuDty.the be imprifoned for a term not exceeding eight months.
MARKS AND BRANDS. 347
■3. And whereas it has been a cuftom too long eftablifhed in the city of Savannah,
lo purchafe lumber of all defcriptions of raftmen and other perfons : Therefore, Be it _
enacted, That from and immediately after the pafnngofthis act, it any perfon or per- ^nrg0^„^"
fons in the city of Savannah or el few here, {hall be detecled in purchafing of lumber ty^Viur^ fifc
of the above defcription, except from faftors or lumber cutters, he, or they fhall be
liable to pay a fine not exceeding fifty dollars for each and every fuch offence, to be
recovered in any court having jurifdi6tion of the fame, or to be imprifoned for a time
not exceeding eight months. Provided never thelefs, That nothing contained in thisProvIs0>
aft fhall prevent, or be conftruedto prevent raft hands or other perfons from taking
up drifted lumber, and receiving a reafonable compenfation from the owner or ow-
ners of fuch lumber, on their delivering the fame to the rightful owner, or to theirfac-
tor.
4. And be it further enabled. That in all feaport towns in this flate, where lum-p*" ««*«■*!
1 • 1 p • ■ " j • 1 ii r ' board i, taken
bens brought for exportation or otherwife, all hewed pine timber as well as fcanthngliysui,erhci*t
e> i . * . . v measure.
and boards, fhall be admeafured, and the bills made out in fuperficial meafurcment ;
any law to the contrary notwithftanding.
r.. And be it further enabled. That anv infpeclor, who fhall either admeafure orInsi,eftors-wt>»
*J J 1 J r " measure con-
make out a bill not in conformity to this act,* fhall be liable to pay a fine, for every X^Xttrbk
fuch offence, not exceeding thirty dollars, to be recovered in any court having jurif- one'Lfftothc
diftion of the fame, one half for the benefit of the informer or profecutor, and the re- pihe^fthe*
maining moiety for the ufe of the county wherein fuch offence fhall be committed. county-
6. And be it further enabled, That all live oak and cedar timber, fhall be meafured twep^Seec-
by the folid foot, and the meafurers fhall be allowed eighty cents per thoufand feet for be made by so-
rt ' : o y 1 lid measure.
meaiurement. tees.
7. And be it further enacted, That after the pafiing of this aQ, all infpe&ors of[nsP*ft°™*otie
lumber fhall be appointed by the legiflature, who fhall receive for evey thoufand feet'™^^^
of fuperficial lumber, twenty-five cents.
8. And be it further enabled, That all laws heretofore paffed, fo far as refpefts the Repealing
admeafurement of lumber are hereby repealed. fIaws'
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives,
DAVID EMANUEL, Prefident of the Senate.
Affented to December 5, 1799^ ' ^ '
JAMES JACKSON, Governor, \ \
MARKS AND BRANDS.
An abl to revife and amend." An act for recording marks and brands in this fate."
E IT ENACTED by the Senate and Houfe of Reprefentatives of the flate of Marks an*
Georgia in General Affembly met, That from and after the pairing of this acl, curded in the
it fhall and may be lawful for all perfons refiding within this date, to record their
marks and brands in the clerk's office of the fuperior court of the county in which fuch
perfon refides ; and if any perfon or perfons fhall neglecl to record the fame, then J2dft?Sj
and in that cafe, whenever any property fhall or may happen to be in difpute between teraSg
the party fo recording his marks and brands, and any other perfon not having re- "sm*r "'
corded as aforefaid, both having one and the fame marks and brands, the property
1
348 MILITIA.
being found in the pofTeflion of the perfon complying with this aft, the party fo claim*
ing any fuch property in difpute as aforefaid, fhall not be allowed to take the fame
out of the hands of the perfon found in poffeffion, without fuch claimant can prove,
by difinterefted teftimony, fuch property fo in difpute, and that the fame is his pro-
perty, fuch proof when the value of the property is under five pounds, to be made be-
fore any juftice of the peace in the county where fuch property may be found, and i(
above that value, before any court having jurifdiftion thereof,
ljfkfi™ thTtf^s 2. And be it further enabled by the authority aforefaid, That where two or more per-
kiest record to fons fhall have the fame marks and brands, each of them recorded ; in fuch cafe the
l c evidence of ...
rfeijt. oldeft record fhall be evidence of right, fo far as to compel the other party to prove his
property by difinterefted tell i many, in the manner herein before pointed out : Provi-
ded, That nothing in this aft contained fhall compel fuch perfpn or perfons as have ak
ready had their brands and marks recorded in the fecretary's office, to record the fame
in the clerk's office aforefaid, but fuch record in the fecretary's office fhall be good and
valid,
gierk's fees for q. And be it enacted. That it fhall be the duty of the clerks of the fuperior
courts, upon the application of any perfon or perfons, to record all marks and brands,
in books to be kept by them for that purpofe, and give certificates thereof when there-
unto required by any perfon or perfons, and far which they {hall receive the fees
pointed out by the aft torevife and amend " An aft for ascertaining the fees of the
public officers of this ftate."
WILLIAM GIBBONS, Speaker of the Houfe of 'Representatives*
BENJAMIN TALIAFERRO, Prefident of the Senate^
EDWARD TELFAIR, Governor.
December 1792.
MILITIA. V
in act to revife and amend the militia law of this fate, and to adapt the fame to- the
act of the congrefs of the United States, paffed the eighth day of May, one thoufand
feven hundred and ninety-tzuo, entitled «■« An aB more effectually to provide for the ns*
tional defence, by efiablijking an uniform militia throughout the United States."
Miiitiatobeiaidi. BE IT ENACTED by the Senate and Houfe of Reprefentatives of the fate of
fo*?,l?.vi' -D Georgia, in General Afjembly met, That in order to comply as nearly as may
be convenient with the aft of the congrefs of the United States, paffed at Philadel-
phia on the eighth day of May, in the year of our Lord one thoufand feven hun-
dred and ninety-two, entitled "An aft more effeftually to provide for the national
defence, by eftablifhingan uniform militia throughout the United States," the militia
of this ftate fhall be lakloff and apportioned into divifions, brigades, regiments, bat-
talions and companies, in the manner herein after particularly expreffed,
2. And be it further enacted, That the counties of Camden, Glynn, Liberty and
di&nsdefi- Chatham, fhalf compofe a brigade, to be known as t,he firfl brigade of the firft clivi-
fion, and the counties of Effingham and Burke as the fecond brigade of the faid divi-
fion; and the faid two feveral brigades fhall compofe the firft divifion of the militia
of this ftate; and the counties of Richmond and Columbia fhall compofe a brigade^
MILITIA. 349
to be known as the firft brigade of the fecond divifion, and the counties of Warning-
ton and Greene as the fecond brigade of the faid divifion; and the faid two feveral
brigades fiiall compofe the fecond divifion of the faid militia; and the county of
Wilkes fhall compofe a brigade, to be known as the firft brigade of the third divi-
fion, and the counties of Franklin and Elbert as the fecond brigade of the third divi-
fion; and the faid two feveral brigades (hall compofe the third divifion of the £aid
militia.
q. And be it farther enacted* That each divifion of the faid militia mall be under ..,,,. - B
O J ' A ii vision to Ms
the direction of, and be commanded by a major general; and each brigade mail he f^0arn|^ •'?
under the direction of, and be commanded by a brigadier general; and there likewife lyi^^e*
(hall be appointed an adjutant general, to have the rank of lieutenant colonel. Allf£djSt^"tjg:ne-
which faid officers fhall be appointed and comrniffioned by the commander in chief Sutisafctcoio.
of this ft ate, under the regulations and reftriftions herein after pointed out.
4. And be it further enacted, That in two months after the paffing of this aft, ^e 5[^'!dlntor .
faid feveral brigades (hall be fubdivided into regiments, battalions, and companies, as f^fa'n^at-
near as may be, in conformity to the aforementioned aft of the congrefs of the Uni-co;nPanies-
ted States, by the executive department of this ftate. Provided, That the refpeftive Provi^
counties be kept diftinft from, and unblended with any other county in fuch fubdivi-
fion, unlefs alterations in fuch counties mould hereafter by law take place,
5. And be it further enacted, That the officers of companies fhall be nominated by ^^J0®;
election of the citizens liable to bear arms in each company diftrift, and be appointed i,olntecl-
agreeably to the constitution, by the governor of this ftate, under the following rules
and reftriftions, that is to fay, the free white inhabitants fo liable to do militia duty
fhall, within ten days after fuch company diftrift fhall have been defined by the exe-
cutive, affemble at a place to be appointed therein, by any two or more magiftrates
within fuch company diftrift, or if there fhould not be two refiding magiftrates within
fuch diftrift, by any two or more magiftrates of the county fuch company may be in,
ten days' public notice being firft given by fuch magiftrates of fuch meeting and the in-
tention thereof, and the free white inhabitants liable to do duty therein, and fo con-
vened, fhall proceed to nominate by ballot, one fit and proper perfon to fill each ref-
peftive commiffian of captain, lieutenant andenfign for fuch company ; the election
fo held and the perfons fo nominated for each commiffion as aforefaid, fhall be cer-
tified* under the hands and feals of the faid magiftrates, and be by them lent, within
fifteen days, fo certified, to. his excellency the governor, who fhall within five days af-
ter the receipt thereof, appoint and commiftion the perfons fo nominated for the ref-
peftive commiffions of captain, lieutenant and enfign, as the cafe may be ; and in cafe
of the negleft or refufal of the inhabitants of any company diftrift to meet, and by
ballot to nominate the perfons aforefaid, within the time herein before pointed out
for, fuch meeting, the executive department fhall proceed to appoint the officers of
fuch company diftrift, without any fuch nomination.
6. And be it further enacted, That the captains and fubalterns of companies fo nomi- fic,^f,:^*
nated and appointed fhall, within twenty days after the notification of their appoint- $£c™™par*'
merits, by his excellency the governor has taken place, meet and affemble at fome
convenient place within the battalion or regimental diftrift, as the cafe may be, to
which fuch officers belong, under the direction of any two or more of the captains fo
appointed, not being candidates, ten days' notice being given of the meeting, and its
intention, by them, and when fo met the faid officers fhall proceed to nominate by
* 5?c ad of 1 793, fed,. &«.
s^o MILITIA.
ballot one fit and proper perfon for each coramiffion oflieatcnant colonel of the regi-
proTiwI ment, or major commandant of the battalion as the cafe may be: Provided, That
where the lieutenant colonel, when appointed, will command a regiment -confiding of
two battalions, the officers of companies of both battalions mall ailemble together in
like manner at a convenient place for each battalion, under the direction of two or
more captains, one of which at leaft belonging to each refpeclive battalion ; and the
captains fo afiembling the laid officers (hall, within ten days after fuch nomination cer-
tify the fame, and the names of the perfons fo nominated, and fend fuch certificate to
the executive department, which (hall within five days thereafter, appoint and com-
million the perfons fo nominated to fill fuch appointments of lieutenant colonel or
major, as the cafe may be.
fonuirfingtwe 7- And be it alfo enabled, That where a county will not permit its being formed
tfuel^uiat^i! into two battalions, the fame fhall compofe a regiment, to be commanded by a lieu-
tenant colonel commandant.*
officers, how 8. A nd be it further enacted, That"" where any officer now in commiffion fhall be
nominated and appointed to fill the fame commiffion he before held, he fhall take
rank from the date of the commiffion he fo before held, any thing herein contained to
the contrary notwithstanding; and the officers in commiffion at the time of paffingthis
act., fhall continue to act until the nomination or appointment of fome other perfon
to fill the fame.
persons HaMe p. And be it enabled. That the commanding officer of each company of militia,
to do dutv to *^ . *, . ■ \
beenroiied. fhall enrol the names of all the male inhabitants (flaves excepted) above the age of
eighteen, and under the age of forty-five years, who fhall have refided therein for
the fpace of ten days', and fhall caufe the perfons fo enrolled to be fummoncd and
duly notified, by a proper non-commiffioned officer, to appear at fuch times and
places as he fhall appoint, for company mufters; and the perfons fo enrolled fhall be
from thenceforth deemed and held to belong to fuch company, and liable to appear
at all its mufters, whether battalion or company, and on all other neceflary occa-
fions, and to perform the whole duty of a militia-man, without any further notice
what lb ever.
Accoutre- io. And be it further enacted, That every perfon fo enrolled fhall provide himfelf,
agreeably to the act of congrefs, with a mulket or firelock, a fufficient bayonet and
belt, two fpare flints, and a knapfack, a pouch with a box therein, to contain not
lei's than twenty-four cartridges, fuited to the bore of his mufket or firelock, each
cartridge to contain a proper quantity of powder and ball; or with a good rifle,
knapfack, fliot-pouch and powder-horn, twenty balls fuited to the bore of his rifle,
and a quarter of a pound of powder; and fhall appear fo armed, accoutred and pro-
vided when called out to exercife, or into fervice; except that when called out to ex-
v!tes0fornot ercife only on company days, he may appear without a knapfack. And if any per-
fccconutrelweIlJ fon fo enrolled fhall negleft. to provide himfelf, or fhall appear at mufter not properly
accoutred, as before expreffed, or fhall neglefit or refufe to appear at fuch battalion
or company mufters, or on any other neceflary occafion, at any time within nine
months after the paffing of this aft, fhall be fined in a fum not exceeding two dollars
for every fuch offence; and for every fuch neglecl after that time, in a fum not ex-
ceeding iix dollars, if a battalion mutter, and four dollars if a company mufter.
FieMandcom. tl And be it further enacted. That every commiffioned officer of the rank of cap-
pany officers, [ ./ ."".■•* ' ■
uniform. tajn anc[ unc[erj fhall provide himfelf with a fword or hanger, an efpontoon, and a com-
* By a major, if not more than four companies. See ail of 1795, feet. 5.
MILITIA. 351
plete fuit of uniform, to be determined on by the officer commanding the brigade
he belongs to; and in cafe of any fuch officer appearing at mufters, or on other ne- Fincsforne.
ceffary occafions, not fo provided, at any time within nine months after his appoint- f'^Xnce.00"
ment, every fuch officer fo offending, or who (hall neglect or refufe to appear at fuch
mufters, fhall be fined, if a captain, in a fum not exceeding thirty dollars, if a lieu-
tenant, not exceeding twenty dollars, and if an enfign, not exceeding fifteen dollars.
And every general and field-officer mall in like manner appear, when on duty, in com-
plete uniform, ?nd armed with a fword or hanger; the uniform of the general offi-
cers to be determined by the commander in chief, and the uniform of the field-offi-
cers by the officer commanding the brigade; and in cafe of their appearing at mufter,
or on other neceffary occafions, not fo provided, every fuch officer fhall forfeit and
pay, if a major general, a fum not exceeding two hundred and fifty dollars, if a briga-
dier, a fum not exceedingtwo hundred dollars, and if a field-officer, a fum not exceed-
ing one hundred dollars.
12. And be it further enacted, That the faid militia fhall exercife in battalion twice
in each year, and in companies four times in every year; and in cafe of rieglect ®at^falan/
thereof, if a battalion or regimental mufter, the commanding officer of fuch regi- musters-
ment or battalion, fhall be fined in a fum not exceeding one hundred dollars, to be ££c*s f8r ne-
impofed by a court-martial, to be ordered by the officer commanding the brigade;
and if a company mufter, the officer commanding and fo neglecting, fhall be fined
for every fuch negleft in a fum not exceeding thirty dollars, to be impofed by a
court-martial, to be ordered by the officer commanding the regiment or battalion, to
which fuch company fhall belong; and due notice fhall be given of fuch regimental,
battalion or company mufters, by the officers commanding the fame.
13. And be it further enacted, That every officer commanding a company fhall,
on the days appointed to exercife his men by company, have the fame formed under £Tranyim,s*
arms by eleven of the clock in the forenoon, by which hour every perfon liable to
militia duty in fuch company fnall attend, and the faid officer fhall then have his roll
called over, and mark all defaulters, and fhall proceed to inftrucl and exercife his men
in the evolutions aud manual exercife, pointed out and required by the before men-
tioned act of congrefs; and in cafe of neglect of fuch inftructing and exercifing, the
officer fo commanding fhall be liable to a penalty not exceeding thirty dollars for eve- giena.ftrne'
ry fuch neglect.
14. And be it further enabled, That if any perfon liable to bear arms, at any exer- .
* '•* * PnvMtcs to 06
cife or training hereby appointed, fhall behave in a contemptuous or unfoldier-like ^fij^o?"
manner, at either battalion or company mufters, whilft underarms, or fhall infult ^"tto/oi a
or threaten his field-company, or other officer commanding, after his difcharge, for or court martial-
on account of fuch officer's performing the duty hereby required of him whilft fuch per-
fon was under arms, every fuch perfon fhall, for every fuch offence, forfeit and pay
a fum not exceeding four dollars; and if fuch offender fhall be a coir.miffioned offi-
cer, and fhall be guilty of contemptuous or unfoldier-like behaviour, whilft on duty,
or fhall, after his difcharge from fuch duty, threaten or infult his fuperior officer, for
or on account of the duty required of fuch officer by this aft, every fuch commif-
fioned officer fo offending fhall, for every fuch offence, forfeit and pay a fum not ex-
ceeding twenty dollars, or be cafhiered, at the option of a court-martial. reruns inter-
A 1 7 r 7 (-77 rr-'T P • -1 -l- • n nip ting the ex-
15. Ana be it further enacted, 1 hat any perfon interrupting the military exercnes.:«*i»fs"t°1>«
required by this act, may be committed by the officer commanding the body of mili-
tia lb interrupted, to the neareft common jail for a fpace of time not exceeding five
days, for every fuch offence.
35a MILITIA,
Servants to hs
tijullipui by
tfsuir masters
jk«l.
1 6. And be it further enacted, That every matter or other perfon, who hath the
wile"' command, government, or power over any indented man fervant, liable to do militiaduty
by this a8, mail, at his, or her own proper coil and charge, furnifh and provide every
inch indented man fcivant during his fervice, with the aims, ammunitions and accou-
trements direfled by this aft, and every fuch matter or other perfon fljall fend fuch
indented fervant completely armed and furnifhed as is herein required, to all battalion,
regimental or company mutters, and on ail other neceffary occafions, which fuch in-
dented fervant would have been liable to attend were he not a bondman ; and in cafe
fuch indented fervant fhall not appear thereat, or on appearance fhall be defective in
arms or accoutrements hereby required, fuch matter or other perfon fhall be liable to
all the fines, penalties, and forfeitures, impofed in like cafes on other perfons liable to
bear arms by this aft.
Fines, sre/ro be i j i • r 1 r-
Murt-maniJ * 7' A "e lt jur"ur enacted, That the feveral fines, penalties and forfeitures to
be inflifted by this aft, on perfons liable to attend at company mutters, may be impo-
fed by a court confiding of a majority of the commiflioned officers of fuch company ;
or in cafe of vacancies of two commiflioned officers of the regiment, or battalion fuch.
companies belong to, Provided, one of the faid officers be an officer of fuch company.
And the feveral fines, penalties, and forfeitures to be inflicted on perfons liable to at-
tend battalion or regimental mutters, fhall be impofed by a court to confift of at leaft
feven commiflioned officers of fuch battalion or regiment ; and it is hereby made the
duty of the officers appointed members of fuch courts martial, on being duly notified
thereof to attend the fame. And in cafe of negleft or refufal of any fuch commiflion-
ed officer to attend, he fhall be liable to the penalties herein pointed out, for non ap-
pearance at regimental or battalion mutters, and ten days' notice at leaft in writing fhall
be given defaulters and offenders, to be tried at fuch company, battalion, or regimen-
tal courts martial, under the hand of the commanding officer of the company, fuchof-
fender, or defaulter belongs to, who fhall be ferved with the fame perfonally, or be
otherwife notified by a non-commiffioned officer thereof, by fuch non-commiffioned
officer's leaving the fame at fuch defaulter's, or offender's ufual place of abode, and
proof of fuch fervice fhall be made to fuch court, on oath previous to its proceeding
to the trial of fuch offender or defaulter.
Bteauigfines, * ^' ^.nd be it. further enacted, 1'hat all warrants For fines, penalties or forfeitures,
M°rvearawaarfa in^ftecl by this aft, fhall, if in confequence of the fentence of a company court-
martial, be under the hand and feal of the commanding officer of the company;
and if in confequence of the fentence of a regimental or battalion court-martial, un-
der the hand and feal of the commanding officer of fuch regiment or battalion; and
every fuch warrant fhall clearly exprefs the offence, and recite the fentence of the
court, and fhall be directed to and executed by a ferjeant of the company the offend-
er belongs to, or be direcled to and executed by any lawful conftable of fuch diftrift;
and fuch non-commiffioned officer or conftable fhall make return of fuch warrant,
within thirty days after his receiving the fame; and if on fuch return it fhall happen
that fuch offender or defaulter has not wherewithal to be levied to fatisfy the forfeiture
or fine impofed by fuch court, it fhall be the duty of fuch officer commanding, to
renew the warrant, and thereby to commit the offender or defaulter to the common
jail of the county, or the neareftjail thereto if there fhall be no fuch county jail, for
the fpace of one day for each dollar contained in fuch fine or forfeiture; and it is here-
by made the duty of the keeper of fuch jail, to receive fuch offender or defaulter,
and to keep him in clofe cuftody for the term in fuch warrant expreffed, without bail
or mainprize, and until fuch offender or defaulter ill all have fatisfied fuch keeper for
MILITIA. 353
his fees on fuch confinement: Provided, That no jailor (hall detain fuch perfon or provU"
perfons more than three days for his fees: And provided, That where this aft admits PravLa-
of perfons being committed to jail in the firft inftance, no return or renewal of fuch
warrant fhali be neceffary.
iq. And be it further enabled, That the non-commiffioned officers of the refpeftive woJ&mmi*
' - • !n ill • i • i r it i ' • r l rsioned officer*
companies mall be appointed in the following manner, that is to lay, the names oi to be diawnirr
all perfons liable to bear arms in each company diftrift, fhall be placed in a box, to
be kept in the cuftody of the commanding officer of fuch company, and to have two
partitions, to be known by the Nos. l and 2; and the names in the firft inftance fhall
be put in the partition No. i • and within one month after the refpeftive companies
are organized, it fhall be the duty of the commiffioned officers thereof to affemble,
and draw from the faid partition No. l, the names of eight perfons, which fhall be
thrown into the partition No. 2; and the eight perfons fo drawn (hall be the non-com-
miffioned officers of the company, and are hereby declared liable to execute and per-
form all the duties of fuch ftation, and they fhall ferve as fuch for the fpace of
twelve months, and (hall not be liable to ferve again in that capacity, until all the
names (hall be drawn from the partition No. l : And in cafe of refufal to aft in fuch Pio6fb»r«fu.
appointment, or to procure fome fit and proper perfon, to be approved of by the of- ngt8
ficcr commanding the company, to do the duty of a non-commiffioned officer in his
Head, fuch perfon fo drawn and refufing to aft, or to procure fuch fit and proper
perfon, fhall forfeit and pay the fum of ten dollars, to be recovered by warrant of
the officer commanding the company fuch perfon fhall belong to; and the faid com-
miffioned officers fhall proceed to draw another perfon to fill the office of fuch per-
fon fo refufing, until the number of non-commiffioned officers fhall be completed;
and the firft four perfons fo drawn as aforefaid, fhall be the ferjeants, and the laft four
fo drawn, the corporals of fuch company : Provided neverthelefs, That if fit and pro- Vnv{^°'
per perfons for non-commiffioned officers fhould be procured by the commiffioned
officers of fuch company, the mode of drawing in this claufe contained may be dif-
penfed with; but after fuch fit and proper perfons have accepted fuch offices, they
fhall be liable to ferve in fuch ftation at leaft for, the term of twelve months, as is
herein before expreffed for perfons drawn to ferve in the fame; and in confideration
of the duties in this aft affigned to them,* one half of the fines of fuch company fhall
be fet apart as a fund for defraying the expence of executing fuch duty, and be di-
vided among fuch non-commiflioned officers; but if any non-commiffioned officer, Fine fw»e.
after excepting fuch office, fhall neglect or refufe to do the duty required by this aft, s'c*mg " aAi
he fhall for every fuch offence forfeit and pay a fum not exceeding five dollars.
20. And be it further enabled, That it fhall be the particular duty of the officers SffiKSSj
commanding companies, to pay a due attention that the law for eftablifhing and regu-
lating patrols in force in this ftate, paffed the eighteenth day of November, in the
year of our Lord one thoufand feven hundred and fixty-five, under the then province
of Georgia, be ftriftly executed ; and in cafe of negleft or default of fuch execution,
every officer commanding the company defaulting, and not punifhing the defaulters
agreeable to the faid aft, fhall be liahle to a fine not exceeding fifty dollars, or be
cafhiered at the option of a court-martial.
21. And be it further enabled, That the officers commanding regiments or battal- *ettim« «*<*»
n 11 • I i i r i • to and by whew
ions, mail once in every year make proper and complete returns or their regiment or tot*™*!**
battalion as the cafe may be, to the officer commanding the brigade to which they ref-
peftively belong, and the officers commanding brigades, fhall in like manner make
Yy
354 MILITIA.
proper and complete returns of their brigades to the officers commanding the divifion
~. ,. . -to which thev refpeclively belong ; and the officers commanding divifions, fhall re-
Distribution of . . ,. J .. r j & > . & '
«<»er», ceive and diltnbute all fuch orders to the brigades of their relpective divilions, as may
from time to time be iffued from the commander in chief, or by his direction from
the adjutant general, and the officers commanding brigades, fhall in like manner re-
ceive and diftributeto, and among the refpeftive regiments and battalions of their ref-
pective brigades, all fuch orders as may from time to time be ilTued to them by the of-
ficers commanding divifions ; by the commander in chief, or from his directions by
the adjutant general, and the officers commanding regiments or battalions ffiall caufe
to be diftributed to, and executed by the refpeftive companies under their command,
all fuch orders as they may from time to time receive from officers commanding divi-
Mayhefinedor fions and brigades, or from the commander in chief, or the adjutant general ; and in
^"ourt-mar- cafe of neglect orrefufal to perform fuch duty, every officer fo offending, ffiall if a
major general, be fined in a fum not exceeding five hundred dollars, if a brigadier,
in a fum not exceeding three hundred dollars, and if a field officer in a fum not ex-
ceeding two hundred dollars, or be cafhiered at the option of a' court-martial, to be
ordered, if on a major general, by the commander in chief, if on a brigadier, by
proviso. ^e officer commanding the divifion, and if on a field officer, by the officer command-
ing the brigade : Provided, That nothing in this claufe contained fhall be conftrued
to debar the commander in chief from arrefting and ordering courts martial for the
trial of any officer of the militia of this ftate, or to debar any officer commanding a di-
vifion, brigade, regiment, or battalion, from arrefting and ordering courts martial for
the trial of any officer belonging to his divifion, brigade, regiment or battalion.
courts martial 22* -^nd ^e it further enacted, That a court-martial* for the trial of a major ge-
officerl'how5 neral5 fliall confift of at leaft one major general, three brigadier generals, and five
constituted, field-officers; and for the trial of a brigadier general, the court fhall confift of at
leaft two brigadier generals and feven field-officers; and for the trial of a field-officer,
it fhali confift of at leaft one brigadier, three field-officers, and five captains, or of
four field-officers and of five captains; and a court-martial for the trial of a captain
or fubaltern, fliall confift of at leaft feven commiffioned officers, the prefident there-
Thdr senten- Gf to be of fuperior rank to the officer tried; and every fentence of a court-martial,
cessuUiectto F ' % J '
commandefin where the officer ffiall be cafhiered, fhall be transmitted by the prefident of the court,
through the adjutant general, to the commander in chief, who may approve of, mitigate
the fentence, or pardon the offender as he may fee fit ; and in cafe of fentences merely
pecuniary, the officer ordering the court may approve, difapprove or mitigate the fame.
23. And fo it further enatlcd, That from and after the organization of the militia
as before pointed out, whenever any vacancy fhall happen in any captain's diftricl,
battalion, regiment, brigade or divifion, by death, refignation, or otherwife, the va-
^ cancies ffiall be filled up by nominating a perfon or perfons to fill fuch vacancy or
vacancies, in the fame manner as before pointed out.
The governor 24. And be it further enabled, That his excellency the governor be, and he is
ihemiiitia. hereby empowered to affemble and embody fuch part of the militia of the ftate as he
may from time to time think neceffary, to repel any invafion, infurreeuon, or rebel-
lion which may happen within the fame, and to order fuch officers to command the
?ro,iso. faid militia as he may fee fit; Provided, That the officers of one company fliall not
be placed to command another company, unlefs where the death, refignation, or in-
ProTiw. ability of fuch officer fhall make it neceffary. And provided. That nothing in this
* See aft of 1793, left. 3.
chief.
Vacancies, how
to bv filled.
MILITIA. 353
claufe contained "fliaH prevent part of fuch company from being detached on piquet
or otherwife under any officer.
25. And be it further enabled, That where volunteer corps of artillery, horfe, or -gn»h£ «^
infantry mall be formed in pur fuance of the afore mentioned aft of eongrefs, the vol -*jfe&£;S .
unteers cornpofing the fame, (hall not be permitted to leave fuch corps until he or
they mall have given tv/o weeks' notice of fuch intention, and fliall have produced a
certificate from under the hand of the commanding officer of the company diftrift he
belongs to, that his name is enrolled therein ; and until the expiration of fuch no-
tice, fuchperfon fliall be liable to continue to do duty in fuch volunteer corps: And
in cafe of removal of refidence of any perfon, liable to do militia duty, from one
diftrict to another, five days' notice mail be given to the officer of the company fuch
perfon intends to remove from, and mall produce a certificate from the officer of
the company he intends to remove to, that his name is therein enrolled, and until fuch
notice and certificate, fuch perfon fliall be liable to do militia duty, in fuch company
from which he intends to remove.
26. And be it further enacted. That any officer afting in a fcandalous or infamous improper ««.
J ~ J O ...— '.'. duct, neglect,
manner, unbecoming the officer, and which is likely to bring the militia fervice into **$$$£*
difrepute, may be arretted by order, of the commander in chief, or the commanding couns martiaJ'
officer of divifion or brigade, on fufficient grounds appearing to them of fuch con-
duct, and on conviction thereof by a court-martial, fuch officer may be cafhiered :
And all diforders and neglefts whilft on duty, or under order?, which officers or pri-
vates may be guilty of to the prejudice of good order and difcipline, though not here-
in particularly provided for, may be noticed by a general, regimental or battalion
court-martial, and be punifhed by fine or forfeiture, not exceeding the penalties here-
in apportioned for other offences, according to the rank of the offender.
27. And be it further enabled, That all fines* and forfeitures accruing by virtue of this Fines and for-
aft mail, if arifingfrom default at regimental or battalion mufters, be paid into the hands prfated.
of the major of fuch regiment or battalion, for the exprefs purpofe of procuring
regimental and company colors; and all fines and forfeitures arifing from defaults
at company mufters (except as herein excepted) fhall be lodged in the hands of the
captain thereof, to be applied in the purchafe of drums and fifes ; and fuch captain,
after fuch purpofe is attained, fhall yearly account with and pay to the major of fuch
regiment or battalion, the overplus of fuch fines and forfeitures, who fliall, after the
expence of colors is dedufted therefrom, pay the overplus of fuch regimental,
battalion or company forfeitures, into the public treafury, where all fines on general
officers fhall alfo be paid.
28. And be it further enabled, That the commanding officer of regiments fliall have %®£"?™™ }_
the fole appointment of the regimental ftaff, as pointed out by the aforefaid act of ^?^fe
eongrefs; and that for the better underftanding of this law, as it has reference to the Saof'cSfnSii.
faid aft, the executive be empowered to direct a fufficient number of copies of thai bybtheexecu-4
aft to be ftruckoff with this law, to be diftributed, one to each company of militia tlve
within this ftate, and one to each field and general officer within the fame : And it is Militia taws to
declared to be the duty of each company officer to have the faid aft, together with panfe^batuT
this law, publicly read over at lea ft twice in each year to his company, whilft under m"«u. re8'~
arms; and it fhall be the duty of the field-officers to have the fame once in every year
read to the refpeftive regiments or battalions, whilft under arms, to which they may
refpeftively belong. And the executive department is alfo farther empowered and re*
* See ad of 1793, ^&' 2«
2
256
MILITIA.
Ceneral ofl\-
«ers, how ap-
jwmtcd.
quired, to have a like number of copies of the rules and articles of war, in force with
the troops of the United States, to be diftributed in like manner, that the militia be
not ignorant thereof when called into aftual fervice.
29. And be it further enabled, That the major generals, brigadier generals, and ad-
jutant general, created by this aft, fhall be nominated in the following manner : The
Senate and Houfe of Reprefentatives fhall concur in the nomination of oneperfon as
major general for the firft divifion ; one other perfon as major general for the fecond
divihon ; and one other perfon for the major general of the third divifion of the mi-
htia of this ftate; and fhall alfo concur in the nomination of one other perfon for the
brigadier general of the firft brigade of the firft divihon ; one other perfon for the
brigadier general of the fecond brigade of the faid divihon ; one other perfon for the
brigadier general of the firft brigade of the fecond divifion ; one other perfon for the
brigadier general of the fecond brigade of the faid laft mentioned divifion ; one oth-
er perfon for the brigadier general of the firft brigade of the third divifion ; and one
other perfon for the brigadier general of the third and laft divifion ; and alfo concur in
the nomination of one other fit and proper perfon as adjutant general; and a lift of
the names of the perfons as fhall be nominated as aforefaid, fhall be figned by the pre-
sident of the Senate and fpeaker of the Houfe of Reprefentatives, and transmitted to
the governor within two days after fuch nomination, for the purpofe of appointing
and commiflioning each and every of fuch nominated perfons, within ten days after
he fhall receive fuch lifts of names as aforefaid.
30. And be it further enabled. That in cafe any officer fh all remove out of the diftrift,
battalion or regiment for which he fhall be appointed, then and in that cafe his com-
miflion fhall be void ; and all officers of divifions, brigades, regiments, battalions,
and companies, fhall be refidents of the divifions, brigades, regiments, battalions and
companies to which they feverally belong.
31. And be it further enabled, That the people called quakers, on producing a cer-
™pp™™e"t tificate from a quaker meeting of their being bona fide quakers, fhall be exempt from
^additional q\\ militia duty required by this aft, and fhall pay an extra tax of twenty-five per cen-
tum in addition to their general tax. Provided, That this aft fhall not extend to affecl
provis*. perfons nor their eftates, who are herein exempt either from years, appointments, or
imbecility.
. . Q2. And be it further enabled,* That the members of the lesiflature for the time
Exemptions in *~ •/ . * o
thole'fntheaa being, and their officers, all judicial and executive officers, all minifters in orders,
sta\«1.United praftitioners of phyfic, all public printers, all ferrymen, millers, all tutors and ftu-
dents, all juftices of the peace, regifters of probates, the treafurer, the fur vey or gene-
ral and county furveyors, the fecretary of ftate, invalids, poft-riders, madmen and
idiots, t fhall be and they are hereby exempted from any of the duties required by
this aft, in addition to thofe exempted therefrom by the aft of the United States.
WILLIAM GIBBONS, Speaker of the Houfe of Reprefentatives,
BENJAMIN TALIAFERRO, Prefident of the Senate.
Concurred December 24, 1792.
EDWARD TELFAIR, Governor.
* See aft of 1 793. fe&. 15.
f Further exemptions.— See a£U 1794? fed. 3. and 4. And 1795. fe&. %.
Vacancici by
icraoval.
Quakers ex-
^ —^M
MILITIA. 357
An act, fupplementary to an acl, entitled "An act to revife and amend the militia law
of this /late, and to adapt the fame to the act of congrefs of the United States, paffed
the eighth day of May, one thoufand f even hundred and ninety-two, entitled " An at~l
more effectually to provide for the national defence, by ejlablifhing an uniform militia
throughout the United States."
l. T> E IT ENACTED, That the governor {hall have power and authority tp,£]£g£**
J3 order out as many companies of mounted infantry or riflemen, from time to "^^
time, as may be neceffary for the defence of the frontiers, who fhall be allowed only j&SaJSIl*6*
the pay and rations of footmen, with the addition of forage: Provided always, Thatprovu0,
no fuch companies of mounted infantry or riflemen fhall be continued in fervice more
than thirty days at one time.
2. And be it further enacted, That any perfon or perfons not herein excepted, neg- v^Si^
lecting or refufing to perform his tour of duty, when called into fervice by the au- duj.wto01
thority of his excellency the governor, "under and by virtue of the laws of this ftate, be pumshod»
if a commiffioned officer in perfon, or if a non-commiffioned officer or private, ei-
ther in perfon or by fubftitute; fhall, if a commiffioned officer, be cafhiered, and fined
in a fum not exceeding one year's pay, nor lefs than one month's pay; and if a non-
commiffioned officer or private, in a fum not exceeding one year's, nor lefs than one
month's pay, for each negleft or default, at the difcretion of a court-martial, to be
held for the trial of all and every fuch offenders, and recovered in the manner point-
ed out in the aforefaid a£t: And all fuch fines fhall be paid to the major of the re- Fmes.how ap..
giment or battalion to which the defaulter or defaulters belong; who fhall therefrom
provide a fufficient quantity of powder, for the ufe of the regiments or battalions
on regimental or battalion mufters, and pay the overplus into the public treafury
within fixty days after the receipt of the faid fines.
3. And be it further, enacted, That no officer except the commander in chief, or- courts martui,
dering an arreft, fhall appoint a court for the trial of the perfon or perfons fo arrefl- I'Sj''
ed, but fhall notify the faid arreft to the officer next in command, who fhall order a howappomted-
court for the trial of the perfon or perfons arrefled as aforefaid.
4. And be it further enacted, That when any officer fhall be cafhiered, he fhall not incapacity of a
be eligible to hold any commiffion for the term of three years thereafter. wsineredoffi-
5. And be it further enacted, That the officers compofing courts martial, convened courts mania
agreeably to law, fhall take the following oath, viz. "I, A. B. do folemnly fwear, Their oath.'
that I will well and truly try and determine, to the beft of my judgment, according
to the militia laws of this ftate now of force, and the evidence before me, the feveral
defaulters legally returned to this court, without partiality, favor or affeclion, and,
if any doubts fhall arife which are not explained by the faid laws, according to my
confeience, the beft of my underftanding, and the cuftoms of war in like cafes : And
I do further fwear, that I will not divulge the fentence of the court, until it fhall be
publifhed by the commanding officer. So help me God."
6. And be it further enacted, That all lieutenant colonels fhall only take rank ac- Lieutenant
cording to the date of their commiffions, without regard or preference to the word Stater**!
" Commandant."
7. And be it further enabled, That all aliens fhall be liable to do and perform theAHensiiabieto
duties herein and by the aforefaid militia a&s required, in like manner with the citi- militia duty-
zens: Provided always, That when the United States fhall be at war with the nation proviso.
to which any alien or aliens fhall belong, fuch fervice fhall be immediately fufpended, **"?',<£ ow»
353 MILITIA.
and the faid alien or aliens fliall be entitled to all the benefits in fuch cafes arifing
under the law of nations.
Eiea;on of 8. And be it Further enabled, That the magiflrates holding; elections for the nomi-
company ora- J ^ 7 O o
hmv~oCL.en3' nati°n of company officers, hereafter fliall return a lift of the names of voters, to-
made. gether with the names of the candidates, with the number of votes for each, to his
excellency the governor, as foon as pofiible after the eleftion.
no mson to q. And be it further enabled. That in future it fliall not be lawful for anv perfon
hold nine ** ' J ... ' T
thanonemiutis or perfons to have or hold more than one militia commiffion within this flate; and
where any perfon or perfons have received more than one militia commiffion, he or
they (hall, within three months, refign one of faid commiffion or commiffions, as the
caiemay be, to his excellency the governor; and in cafe fuch resignation benotjnade
within the time limited as aforefaid, the governor for the time being fliall be, and he
is hereby empowered and directed to confider faid commiffions as being vacant, and
fill up the fame.
Quakers ex- io. And be it further enabled by the authority aforefaid. That the people called
empt from du-» ** . s J J- * it
ty- Quakers, on producing a certificate from a Quaker meeting of their being bona fide
proviso.- Quakers, fhall be exempt from all militia duty required by this aft: Provided, fuch
Mustpaytwen- <- » r ' ■ jj« • , r T •
centvonpetheir Qua^er do pay twenty-hve pounds per centum, in audition to the amount or their
general tax. general tax.
Brigadier to n.« And be it further enabled, That the brigadiers of each brigade within this flate,
camp?" aid'd,:" fliall be entitled to an aid-de-camp, to be appointed by each brigadier refpeftively.
substitutes, 12- And be it further enabled. That no perfon fliall be exempt from any tour of
P?ovvetd.beap" militia duty by a fubftitute, unlefs fuch fubftitute fliall be approved of by the officer
commanding the detachment with which he is to march : and all fubftitutes when in
aftual fervice, fliall be fubjeft to the fame rules and regulations as the perfon by whom
he was employed could have been fubjeft to.
M iq. Be it further enacted. That from and after the paffinsr of this act, the govern-
Officers of to- O J » r O >• 3 O
ni«ehow°tSpbe" or ma^ not commiiiion officers to any troop or troops of none, to any company or
commissioned, companies of artillery or riflemen, unlefs it fliall be certified to him by the officer
commanding the brigade, that fuch troop or company is compofed of and belonging
to fome regiment or battalion within the fame.
certain exemp. 14 ^n^ fre jf farther enabled by the authority aforefaid. That anv perfon or perfons
tionsfromdu- ***• J J p ' ■ ■ (< "i ' '' ■ 'i n r
'*• having a wife and child or children, removing from any of the United States or elle-
where, into this flate, fliall be, and they are hereby exempted from militia duty for
proviso. the full term of twelve months : Provided always, That fuch perfon do, within three
weeks after coming into the flate, enrol himfelf in the captain's company in the coun-
ty wherein he does refide.
Theaaefiyoi 15. And be it further enabled, That fo much of an act, entitled "An act to re-
TrnpSand vife and amend the militia law of this flate," palled the fourteenth day of December,
iawpi°epeaieda. one thoufand feven hundred and ninety-two, which exempts from militia duty the feve-
ral officers therein named, and all laws regulating the militia prior to faid aft, be, and
the fame are hereby repealed.
WILLIAM GIBBONS, Speaker of the Houfe of Reprefentatives,
BENJAMIN TALIAFERRO, Prefident of the Senate.
Concurred, December 17, 1793.
. GEORGE MATHEWS, Governor.
MILITIA, 359
An abl to Organize the militia in the fever al new counties in this fate and for other pur -
pofes.
i. TI 7HEREAS great inconvenience hath arifen and the fervice fu flamed great AI!n?ii;ti?com.
y y injury by the diforganization of the militia, in confeqiience of the late divi-^1^,^6
fion of counties ; the officers in many inflances living in one county and their com- declared vuuU
manders in another, for remedy whereof, Be it enabled by the Senate and Houfe of Repre-
fentatives of the Jiate of Georgia in General Affembly met, and by the authority of the fame,
That the commiffions of all officers in the laid counties mall be, and they are hereby
declared to be null and void, from and immediatelv after thepaffing of this aft ; and
that his excellency the governor be authorized, and he is hereby directed within three The ROvermvr
months to organize the militia within faid new counties iuto regiments, battalions and uJemuJfuT^6
companies, agreeably to an a£l paffed at Augufla, to revife and amend the militia law wy?ouw.ree*'
of this flate, and to adapt the fame to the aQ: of the congrefs of the United States, paf-
fed the eighth day of May, one thoufand feven hundred and ninety-two, entitled " An
aft more effectually to provide for the national defence by eftablifhing an uniform
militia throughout the United States." And that no injury may be done to officers now
holding commiffions in faid new counties, in cafe they mould be re-elecled to the fame
grade in that arrangement.
2. Be it further enabled, That in cafe any officer now holding a commiffion in Newcommis-
eitherof the faid counties, mould be re-elecled or appointed to the fame office or grade, bwktc?10
that then and in that cafe the governor is directed to date his or their commiffion
agreeably to the date of the commiffions now held ; any law ufage or cuflora to the
contrary notwithstanding.
3. And be it further enabled, That, for the general convenience of the citizens, and Additions «o
more equal arrangements of the divifions and brigades, that the counties of Effing- sad«" r
ham, M'Intofh and Bryan be, and they are hereby added to the firft brigade of the
firft divifion, and the counties of Montgomery and Scriven to the fecond brigade of
the faid firft divifion, and the county of Hancock to the fecond brigade of the fe-
cond divifion.
4. And be it further enabled, That the county of Warren {hall be and the fame is
hereby declared to belong to the firft brigade of the third divifion; and the county of
Oglethorpe mail, from and after the pairing of this aft, belong to and be added to the
fecond brigade of the faid third divifion, any law to the contrary notwithstanding.
5. And whereas the militia of the United States and that of this ilate, appear to counties of n«
contemplate, where practicable, that the refpeftive officers fiiould have> full andcom-|n||£'pr
plete command: And whereas feveral of the counties in this flate are now command- by-AZ™»Ted
ed by a lieutenant colonel commandant, and have not the number of companies or
battalions contemplated by faid afts : Be it therefore enabled, That in all cafes where
there is not. more than four complete companies in any county, they {hall be com-
manded by a major and not by a lieutenant colonel commandant.
6. And be it further enabled, That the governor is direfted to commiffion all the 'SK »
1 ■ f 1 1 * fY* v » *-* IMiaolUils, now ,.
colonels of the different regiments in the faid new counties as lieutenant colonels com- toberaadeoilt-
mandants, and on application to renew any commiffions from any county heretofore
granted, he will commiffion them in like manner, taking fpecial care to preferve the
original old date in fuch renewed commiffions, any law to the contrary notwithstand-
ing.
7. And be it further enabled, That all the minifters in orders, be, and thev arehere-M!nist;rsex-.
1 ir ni-.ii - •' empt from nu-
by exempted from all duties required by the feveral militia laws of this ilate. And »»**»«*•
Additions to 0-
ther brigades. ,
360 MILITIA.
that fo much of the militia laws now in force as militate with or contradict this law,
mall be, and the fame are hereby repealed.
THOMAS NAPIER, Speaker of the Houfe of Reprefentatives.
BENJAMIN TALIAFERRO, Prefident of the Senate.
GEORGE MATHEWS, Governor.
Concurred January 8, 1795.
An act to organize the militia in the fever al new counties of this fate.
Commissions
of officers in
thenewcoun
ties declared
void.
1. T> E IT ENACTED by the Senate and Houfe of Reprefentatives in General
JLJ Affembly met, and by the authority of the fame, That the cominiffions of all
officers in the new counties mail be, and they are hereby declared to be null and
void, from and immediately after new elections fhall have taken place therein; and
Jhali orga"ze his excellency the governor is hereby authorized and required, within two months,
thsr«lnf8 to organize the militia in the new counties of Bullock, Jackfon, Jefferfon and Lin-
coln, into regiments, battalions and companies, agreeably to an aft palled at Au-
gufta, to revife and amend the militia law of this ftate, and adapt the fame to the aft
of the congrefs of the United States, parted the eighth day of May, one thoufand
feven hundred and ninety-five.
2. And be it further enabled, That for the general convenience of the citizens, and
tDteaddedCton' more equal arrangements of the divifions and brigades, that the counties of Bullock
jiS"bri* and Jefferfon be, and they are hereby added to the fecond brigade of the firft divi-
fion, and the county of Lincoln to the firft brigade of the third divifion, and the
county of Jackfon to the fecond brigade of the third divifion.
Negroesand 3- And Be it further enabled, That the officers of the militia in the firft brigade in
for^arrivfng0' the firft divifion, fhall be authorized and empowered in the refpeftive patrol diftrifts,
frVmthe'west- to apprehend any negro, muftee or mulatto freeman or freemen, flave or flaves, who
waiasiandS,a 3' fhall hereafter arrive in any port of this ftate, from any of the Weft-India or Baha-
^owto £rea-ma if]ancjs, an(j to keep fuch muftees, negroes ©r mulattoes in clofe and fafe cuftody
until they can be examined before the corporation of Savannah, or any three juftices
of the peace for any of the counties lying in the faid divifion, who are hereby authori-
zed to caufe fuch freeman or freemen, flave or flaves to be exported at the expence of
the importer or owner, which fuch importer or owner is hereby made liable for as well
as for the expence of apprehending or keeping fuch perfons.
THOMAS STEVENS, Speaker of the Houfe of Reprefentatives.
BENJAMIN TALIAFERRO, Prefideni of the Senate.
JARED IRWIN, Governor.
Concurred, February 22, 1796.
preamble;
An act to provide more effectually for training the militia of this Ji ate.
WHEREAS the appointment of the officers, and the power of training the mill-
tiaofthe feveral ftates, according to the difcipline prefcribed by congrefs, is
fecured to them refpeftively by thq constitution of the United States ; And whereas it
MILITIA; Jtfi
h evident from the experience of age.% that to be prepared for war, is the greateft feca-
rity of the peace of a nation ; and that a well organized militia ought to be confider-
ed among the firft objects of a free people : A*nd whereas many of the officers com-
manding the militia of this ftate,have not been fiifficiently inftrucledin the prafticeof
the faid difcipline, to enable them to teach the fame to the privates under their com-
mand, for remedy whereof:
1. Be it enacted by the Senate and Houfe of Reprefntaiives of the fate of Georgia in j^^*,^
General Affemhly met, and by the authority of the fame, That it mail and is Hereby g^ffi^*
declared to be the duty of the adjutant general, to convene all the field-officers, and J&^uSlfj?
the brigade infpeclors of each refpeftive brigade;, once in every year, at fuch conyen- eacIin>r's?ldc'
ient time and place therein, as may be agreed on by him and the officers command-
ing the fame, for the purpofe of aiding and affifting the faid officers in carrying
into effect, the difcipline prefcribed by congrefs; and it (hall be the duty of the
faid officers to attend accordingly, fully and completely equipped as the law di-
rects, and to conform to fuch rules and regulations as the faid adjutant general
may deem neceflary for that purpofe, for a term not exceeding two days at any one
meeting ; Provided however, That fuch rules and regulations be not contrary to law,
2. And be it further enabled, That it mall be the duty of the brigade infpedors, andBrIfradejrt,p!e,
they are hereby required to attend at the ufual place of regimental mufters in each regi- t«thecompt=-
ment, within the feveral brigades to which they, refpeflively belong, twice in every year, S^SSStrf"*
at fuch convenient time as they may appoint, for the purpofe of inftrufting and train- Sriceayw^*
ing the adjutant and company officers thereof; and the better to carry the fame into
effect, to eftabliih an uniform difcipline thoughout the ftate, it ffiall be the duty of the
captains, fubalterns and adjutant of each regiment, with the fhft ferjeant of the feve-
ral companies, and they are hereby required to convene at the regimental mufter
ground therein, in complete uniform, agreeably to law, each commiffioned officer
with his commiffion, at fuch time as the brigade infpeclor may appoint, as aforefaid,
equipped with a mufket, bayonet, cartouch box, belt, and at leaft fix cartridges ; and
ilich captain, fubalterns and adjutant, fo convened, fliall form a company ; and be
fubjetl to fuch orders, regulations and redactions, as he may deem neceffary, to
teach and enforce the difcipline prefcribed by congrefs, for a term not exceeding two
days at any one meeting.
3. And be it further enacted, That it mall be the duty of the brigade infpeftors, on Andondueno-
due notice by the officer commanding the refpeftive regiments, to attend all the regi- aiie4|5hSui
mental mufters in the brigade to which they feverally belong, for the purpofe of aid-1™
ing and affifting the officers on parade, and inftrueling them in their duty in their fev-
eral places. And it fliall be the duty of the adjutant of the feveral regiments, on like The a(«U(.atl€
notice, to attend all battalion mufters for the purpofe aforefaid. tai!onmusbtew.
4. And be it further enabled, That it fliall be the particular duty of the officers Thedllty of
commanding companies, and of the adjutants, to inftru6t and train the non-commif-™™.pany0*"
fioned officers and privates, in conformity to the difcipline fo to be taught them as
aforefaid; and the faid field-officers, company officers and adjutants, fliall, and they
are hereby declared to be liable to trial by courts martial, and to all the pains, penal- Finesforne^
ties and difabilities, prefcribed by the law for non-attendance, difobedience of orders, ka-
or ungentleman-like behaviour, in regard to the aforefaid fervice.
5. And be it further enabled, That the adjutant general fliall be allowed two dol- Adutant gene.
lars, the brigade infpe£tors one dollar and feventy-five cents, the adjutant one dollar {&J con,p""**
Z z
tfi MILITIA.
and fifty cents, and the drum majors and fife majors, one dollar per day each, for
their fervices, while on aclual duty in performing the aforefaid fervice ; the accounts
of the adjutant general for the fame, being firft certified by a major general or the com-
mander in chief; the accounts of the brigade infpeftors by a brigadier general • and
thofe of the adjutants by a lieutenant colonel. And for the more eafy and effectual
tranfmitting of military orders,
central om- 6. Be it further enabled, That the major generals and brigadier generals be, and
Jlory ^pr'Scs. they are hereby veiled with power to employ fuch perfon or perfons as they may
deem neceffary, to ride exprefs, for tranfmitting fuch orders as in their judgment
may be for the good of the public fervice; and that fuch perfon fo employed mail
be allowed at and after the rate of one dollar per day, during the neceffary time they
are actually engaged in performing fuch duty, to be paid by the governor out of the
contingent fund, upon their producing a certificate of the general officer fo employ-
ing them : Provided, That a day's riding of an exprefs be not lefs than thirty-five
miles per day.
wftfonsfro 7* ^n^ ^e it furthtr enabled, That the founders, potters, forgemen, fteel makers,
muwiaduty. nail manufacturers, colliers, together with the managers and their clerks, who now
are, or may hereafter be actually engaged and employed in carrying on the adullam.
and all other iron works within this ftate, be and they are hereby exempted from mi-
litia and all other public duties, while fo employed.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, Prefdent of the Senate.
JAMES JACKSON, Governor.
Affented to February 2, 1798.
An abl to alter and amend the militia law of this fate, and to provide for arming the
militia thereof
FtcAmbk. * "W 1THEREAS the defence and fafety of republican Rates, muft greatly depend
V V on their militia, which cannot be well organized and difciplined without
arms and experienced officers; and no adequate provifion has been made by this ftate
for the attainments of thofe defirable objects : Be it therefore enabled by the Senate and
Houfe of Reprefentatives of the fate of Georgia in General Affembly met, and by the authori-
Fieid-officen ty of the fame, That the field-officers in each county fhall have power to arrange and define
may alter the -' . , . J ° ■
iKJimdaofcom- the company and battalion diftricls, foas to make the fame compact and convenient for
exercife ; and where they fhall be of opinion that any alteration or alterations are necef-
fary in any of the diftri&s aforefaid, they fhall tranfmit an account of fuch alteration or al-
terations to the commanding officer of the brigade to which the company or battalion
belongs, for his approbation; and if he approves of the alteration or alterations, the
company or battalion diftrift, as altered, fhall thenceforth be the diftricl of fuch com-
pany or battalion, any law or ufage to the contrary notwithstanding: Provided^
#•?&♦. That nothing herein contained fhall extend to authorize or empower the faid field-
officers to make any alteration or alterations that fhall or may derange or deprive any
officer of hiscommiffion, rank or command.
fincapropri- 2. And be it further enabled, That all fines incurred by the militia when not in the
fervice of the United States., mall be applied and difpofed of for military purpofes*
MILITIA. 363
'the good of the militia fervice, and at leaft one moiety of the fame (hall be applied
for the payment of non-commiffioned officers, and apportioned among them ac-
cording to the fervice performed by them refpetiively.
3. And be it further enacted, That his excellency the governor {hall be, and he is The Rowmer
hereby empowered and required to purchafe on the beft terms, one thoufand mufkets one SUsnJai
and bayonets, five hundred pair of horfemen's piftols, and five hundred fwords; and CnVed'horS-
as foon as the fame can be procured, they mall be depofited at the feat of govern- ^hundred
ment, and fhall be fold out by the keeper of the public arms or magazine, to the mi- *£fmd^,eth
litia of this flate for felf-defence, at coft and charges. ^^ tfi«
4. And be it further enaBed, That the keeper of the public arms fhall be anfwer- ^dh^doue
able for the fafe keeping of the fame, and that he fhall annually, on the firft Monday J^^ilfo*
in January, account with and pay the treafurer of this flate, all fuch fum or fums Gf ^;raafekeep"
money as he fhall or may from time to time receive in payment of any of the public ^"SSKtto
^p • 1 treasurer.
reiaid.
g. And be it further enacted, That the officers commanding court-martials, fhall courtsmwa-
keep a record of the proceeding of fuch courts, and fhall alfo keep a record of therecwKfcv.
receipt and difburfement of all monies which may be impofed by any court-martial
fo ordered, for the infpeclion of any perfon orperfons whatfoever.
DAVID MERIWETHER, Speaker of the Houfe of Reprefintatives,
ROBERT WALTON, Prefident of the Senate.
Affented to February 18, 1799.
JAMES JACKSON, Governor.
MILLS.
An at~l to regulate the toll to be taken at mills.
occi
ground, all clean and dry grain brought to their mills, and in due turn (as far as five
bufhels) as the fame may be brought, and may take for toll one eighth part thereof and
no more. And every owner or occupier of a mill who fhall not well and fufficiently
grind, or caufe to be well and fufficiently ground as aforefaid, (unlefs in times of
drought, or other fufficient caufe, of which thejufiice may judge) or not in due turn
or take or exaft more toll, fhall for every fuch offence, on proof thereof, by one or
more credible witnefs, forfeit and pay a fum not exceeding fifteen millings, to the par- ^*-7 for *•*
ty injured, recoverable with cofts, before a juftice of the peace, of the county where
fuch offence fhall be committed. Provided always, That every owner or occupier of
a mill, may grind his, or her own grain at any time.
By order of the Houfe.
WILLIAM GIBBONS, Speaker.
Augufta, January 26, 1786.
3^4
NAVIGATION OF RIVERS.
Persons ob-
Ntructing the
navigation of
rivers ind
creeks, how tt
tosarcated.
{jxptftQ.
An aBto prevent perfons throwing ballajl or rubbifh, or Jailing trees into the rivers and
navigable creeks within this province, and for keeping clear the channels of the fame.
1,2, 3, 4, Re-enafted with amendments by aft of 1765.
5. And be it enacted by the authority aforefaid, That if any perfon or perfons after
the time of paffing this aft, fhall cut or caufe to be fallen or cut down any trees con-
tiguous to the rivers or navigable creeks by this aft intended to be kept free and paya-
ble for {flipping, periaguas, and large boats, and fuch trees fo felled and cut down, (hall
happen to fall into the laid rivers, or into or acrofs the faid navigable creeks, the per.-
ibn or perfons fo falling or caufingthe faid trees to be fellen and cut down, fhall forth-
with clear the faid rivers or navigable creeks, of the fame, at his or their fole cod and
expence ; and in cafe of his or their negleft or refufal, fo to do within ten days, any
onejuftice of the peace of the parifh or diftnft where the fame fhall happen, may,
and is hereby authorized on information on oath to him thereof given, forthwith to
iffue his warrant to the conftable of the faid parifh or diflritl, to caufe the faid tree or
trees to be removed out of the faid rivers or navigable creeks, and the expence attend-
ing the doing thereof mall be paid and difcharged by the perfon or perfons fo falling
or caufing the faid trees to be felled and cut down, and fuch juftice is hereby fully au-
thorized and empowered to iffue his warrant for levying the fame, together with the
charge attending thereon, by diftrefs and fale of the goods and chattels of fuch of-
fender or offenders, and for want of fufficient diftrefs, to commit fuch perfon or per-
fons offending as aforefaid to prifon for the fpace of thirty days, or until payment
fhall be made as aforefaid; Provided neverthelefs, That nothing herein -contained fhall
extend, or be conftrued to extend, to include, or to make clear, or navigable any
creek not navigable at the time of palling this aft.
LEWIS JOHNSON, Speaker.
JAMES WRIGHT.
April 7, 1763.
JAMES HABERSHAM, PrefidenU
Preamble.
Ballast.rubJbish,
&c. obstructing
the iiavigation
of river?, how '
to be removed.
* An act to amend " An act, to prevent perfons throwing ballafi or rubbifh or falling
trees in the rivers and navigable creeks within this province, and for keeping clear
the channels of the fame.
1. T II 7HEREAS in and by an aft pafled in the fecond feffion of the fourth Gene-.
V V ral Affembly of this province, entitled " An aft to prevent perfons throw-
ing ballafi or rubbifh, or falling trees into the rivers or navigable creeks within this
province, and for keeping clear the channels of the fame," It is therein and thereby en-
acted, That if at any time from and after the paffing the faid aft, any mafter or ow-
ner, or any perfon afting as mafter or owner of any fhip or other veffel whatfoever,
fhall caft, throw out or unload, or if at any time from and after the time aforefaid,
there fhall be caft, thrown out or unladed from, or out of any fhip or other veffel
whatfoever being or riding within any port, road, channel, river or navigable creek,
within this province, any ballafi, rubbifh, gravel, earth, ftone, or wreck, but above
high water mark (except the fame be thrown out, for the purpofe only of filling ur>
* Seeaft of 1774., fed. 5,
NAVIGATION OF RIVERS. 3S5
where wharfs may be erecting or erefted tinder the banks of bruffs of fuch river or
navigable creek, it mall and may be lawful for any one or more juftice or juftices of
the peace for the parifh or diftricl: where or near which fuch offence mail be committed,
upon information made on oath thereof, and he or they are hereby authorized and re-
quired to fummon or iffue out his or their warrant or warrants, to apprehend or bring
before him or them, the mailer or mailers, owner or owners, of any fuch fhip or other
veflel, or other perfon or perfons acling as fuch againft whom fuch complaint or infor-
mation fliall 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 jufliceor jullices, 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) that any ballall, rubbifh, earth, gravel,
ftone, or wreck, hath been call, unladen or thrown out of or from any fhip or other
veffel, the mailer or mafters, or perfon or perfons acling as mailer or mafters thereof,
fliall be adjudged, and he, and they are hereby refpe61ively declared to be' the offend-
ers againft this a6t, and he and they being by fuch juftice or jullices (or by any of the
ways or means aforefaid) thereof convicted, fliall forfeit and pay for every fuch of-
fence, any fum not exceeding eight pounds, at the discretion of fuch juftice or j u ft i- offenders sh«u
ces, the one moiety thereof to the informer, and the other, moiety thereof, to his ma- n°rt exceeding
jefty for the fupport of the poor of the parifh, wherein fuch cohviclion fliall be pro-eig tpo"n
nounced. And whereas the fine of eight .pounds in and by the faid aft impofed and
fet, is found greatly deficient for preventing the evil thereby intended to be prevented : ]£••££ !s !nsuf"
Be it therefore enabled. That from and after the palling of this aft, if any mafter or They--iuii be
owner or any perfon acling as mafter or owner of any (hip or other veffel St exc^Sc'
whatfoever, fhall caft, throw out or unlade, or if there fliall be caft thrown out, ox pounds" n
unladen from or out of any fhip or other veflel, being or riding within any port,
road, channel, river, or navigable creeks within this province, any ballaft, rubbilh,
gravel, earth, ftone or wreck, but above high water mark, (except as in the faid act
excepted) every mafter or owner or any perfon acling as fuch as aforefaid, fhall be
deemed the offenders, and fhall forfeit and pay for every fuch offence, a furn not ex-
ceeding three hundred pounds fterling, to be recovered and applied as herein after di-
rected.*
2. And for the more fpeedy determination of offences againft this a£t, Be it tnac- ThecWefjul
ted by the authority aforefaid, That information on oath being made of fuch offence gticeVSu^
before the chief juftice, or one of the afhftant juftices of the general court of pleas ^of"^
of this province, the faid chief juftice and juftices, or any or either of thern, areoffclxes"
hereby required and direcled, forthwith to iffue his or their warrant to apprehend
the offender or offenders, and oblige him or them to find fufficient fecurity for their
appearance at the court to be hoiden for that purpofe, and to abide the judgment
thereof; and in cafe fuch offender or offenders fhall neglect or refufe to find fuch fe-
curity, it fhall and may be lawful to and for the faid chief juftice and aiTiftant juf-
tices, or any or either of them, to commit fuch offender or offenders to the common
jail of SavanrTah, until the determination thereof; and the faid chief juftice and juf-
tices, or anv or either of them, are hereby required and direfted to order and an- Andsl,aJ' 0: '"'
, ■ » * j x * *-* v*j> rt court for- tfc**
point a court to be held within feven days after fuch information made for the trial Jjjjj of olftlv
of the matter of facl, and to proceed therein agreeable to an act of the General Af-
(ernbly, entitled " An acl for holding fpecial or extraordinary courts of common
* See act of 1774, feci. 4,
3^6 NAVIGATION OF RIVERS.
rpleas for the trial of caufes arifing between merchants, dealers and others, andfhip
mailers, fupercargoes, and other tranfient perfons."
when.andiww 3- And be it enabled by the authority afore (aid. That if any offence fhall be coin-
byr|i°sficlsa»fe m it ted again ft this aft in any part of this province, where information thereof cannot
fpeedily be made to the chief or afliftant juftices of the general court, it mall and
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 laid juftice is hereby required to tranfmit fuch information immediately
to the chief or afliftant juftices, who are hereby required to proceed in the fame man-
ner as if the fame had been made before him or them.
forfeiture* and a. And be it further enabled by the authority a/orcfaid. That all forfeitures incur -
fines appi;>pn- 1 1 ■ p
ate*. red by virtue of this acl fhall be, one moiety thereof to the informer and the other
moiety thereof to his majefty, for the ufe of this province, to be paid into the hands
of the treafurer of this province and to be applied for clearing and keeping clear the ri-
vers and navigable creeks within the fame.
ALEXANDER WYLY, Speaker.
JAMES HABERSHAM, Prejident.
JAMES WRIGHT.
March 25, 1765.
An at! for clearing out Ogechee* River and Brier Creek.f
frrcambu:. *• \\ 7*HERE AS the river Ogechee and Brier Creek are capable of being made
V V navigable for boats, a considerable diftance higher up thofe ftreams than
they are at prefent, and it is an object of the firft confederation, to improve the na-
vigation of the water-courfes capable of being made ufeful: Beit therefore enabled
by the Senate and Houje of Reprefentatives of the flate of Georgia in General Affem-
bly met, and by the authority thereof, That Michael Shellman, Thacker Vivion, Kin-
aCp°pTted?ocrs dred Brafil, Stephen Mills, Ifrael Bird, John London, Jeffe M'Call, Stephen Den-
cheaerand Bnir rnarkg Jofhua Loper, and Drury Jones, be and they are hereby appointed commif-
fioners^ for clearing out the river Ogechee : And that David Robinfon, Jonathan
Afhberry, John Whitehead, William M'Norrel, William Moore, and William
Skinner, be and they are hereby appointed commiffioners for clearing out Brier
Creek; and the faid commiffioners, or a majority of them, are authorized to take,
receive and apply all fuch monies as may have heretofore been, or may hereafter be
appropriated by the legiflature, or as have heretofore been or may hereafter be fub-
icribed, prefented or given by individuals, for the purpofe of clearing either of the
water-courfes aforefaid; and to fue for and recover of any fubferiber or fubferibers,
all fums of money, or the value of any fpecific article or articles, which may have
been or may be fubferibed and not paid before any court or tribunal, having cogni-
zance of debts to fuch amount, in the county where fuch fubferiber may relide.
Their powers. And the faid commiffioners are authorized and required to apply all monies or fpe-
cifics fo received or recovered, towards carrying the purpofes of this law fully into ef-
fect, in fuch way or manner as they, or a majority of each board may deem moft effec-
* See a& of 1798.
f See aft of 1797.
I Commiffioners appointed for Bullock county by acl; of 1798. fed. i*
NAVIGATION OF RIVERS. 3S7
tual and proper. And the faid commiffioners, or a majority of each board, are authori-
zed and required to contraft with any perfon or perfons, for clearing the faid dreams,
to wit: The river Ogechee as high up as Louifville, and Brier Creek as high up as
Walker's bridge, in fuch manner and method ai in their judgment may bed promote
the' convenience and advantages thereof: Provided, That the work fhall be com-
menced at fuch places as may require it nearefl the mouths of the faid dreams, and
fhall be progreffed upwards and not otherwife.
2. And be it further enabled, That where any mill-dam is already built, or may Lockstohs
hereafter be built acrofs the faid river or creek, below the places before mentioned, ^nAuimuig
the proprietor or proprietors of fuch mill-dam or dams, fhall within four months af- ooSStherr>, for
ter the pairing of this aft, ereft or prepare a gate, lock or paffage, fufhcient andboats&c.
convenient for the paffage of any boat, raft or rafts of timber, boards or fcantling,
capable of being carried down fuch dream, if fuch dam were not there; and if the
proprietor of any mill-dam, fhall fail to ereft and keep fuch gate, lock or paffage,
within four months after the palling of this aft as aforei'aid, then it mall and may be
lawful for the faid commiffioners or any of them, or any perfon appointed by them,
to break down and dedroy every fuch mill-dam or dams; and the owner of any boat,
veffel or raft, which may be hindered or obtained by reafon of fuch dam for want of
a proper gate, lock or paffage, or by reafon of not opening the fame when required,
may recover of the owner or proprietor or manager of fuch mill-dam or other dop-
page, five dollars for every hour fuch boat, veffel or raft may be detained by the reafon
or means aforefaid, and any court or lawful tribunal having cognizance of debts to
the amount of the damages dated in the county where fuch mill-dam may be, is au-
thorized and required to give judgment on good and fufhcient proof of the fafts
before them, (the defendant being firft fummoned to appear and anfwer the complaint)
againd fuch owner, proprietor or manager, in terms of this aft, and award execution
thereon.
3. And be it further enacted, That all hedges, dops or weirs, already made, or which Hedge*, weirs,
may hereafter be made acrofs the faid river Ogechee, below Louifville, or acrofs Bri- amoved.'01*
er Creek, below Walker's bridge, fliall be taken up and removed by the perfon or per-
fons who made or placed, or caufed the fame to be made or placed, within two months
after the pairing of this aft, or at any time thereafter, any hedge, flop or weir, or any
part of either fhall be danding or remaining in the faid river or creek, below the places
before mentioned, the faid commiffioners or either of them, or any perfon by them ap-
pointed, fhall have power to remove, or caufeto be removed, fuch hedge, weir or dop,
and fhall recover of the perfon who made or placed, or caufed to be made or placed
the fame, double the amount of the expence attending the removal thereof, in man-
ner herein before prefcribed, for recovery of the damage fudained by the hinderance
of any boat or raft ; and if the perfon fo offending, hath not wherewithal to pay the
fum fo awarded againd him, he fliall be compelled to work on the faid dream, in
clearing it out, a time fufficient to difcharge fuch forfeiture, agreeably to the rates of
labor then cudomary, or fhall be committed to jail not exceeding two months.
4. And be it further enacted, That the faid commiffioners, or the perfon or per- Timb rma b
fons employed or appointed by them, may lawfully cut down, and take off the lands fal^tuLf*
of any perfon or perfons adjacent to the faid river or creek, fuch and fo many timber fo0rJ:lutpur" '
trees or other trees, as fliall be neceffary for the purpofes of this aft, and fhail not be
liable to pay any price or damages therefor.
5. And be it further enaEed, That if any perfon or perfons fliall fell any tree or p^mm
trees into the faid river or creek, or caufe the fame to be felled, and (hail not cut up
persons lelhngj
trees in said
streams.
3^3 • NAVIGATION OF RIVERS.
arid remoVe the fame within the period of forty-eight hours after fuch felling, fuck
perfon fliall, on conviction before any juftice of the peace for the county, forfeit and
pay the fum of five dollars for every tree fo felled into the faid river or creek, and
not removed as aforefaid; and fuch forfeiture mall be applied, one half to the ufeof
the informer, and the other half to the purpofes of this aft.
to°*?b£SF& 6- And be it further enaSgd, That the faid commiffioners mall each of them give
curity. bond, with fufficient fecurity, to his excellency the governor, in the fum of one thou*
land dollars, faithfully to apply all monies which come into their hands, towards car-
rying into full effect the intention of this aft : And in cafe of the death, refignation or
refufal to a£t, of either of the commiffioners herein before named, his excellency the
governor is authorized and required to fill fuch vacancy.
Andmafceyear- 7. And be it further enabled, That the faid commiffioners mall, on or before the
go^rnm-okiTfirlt day of January in each year, make a full and fair return of all monies by them
and paw away, received and paid in conformity to this aft, to his excellency the governor, together
with the progrefs they may have made in the execution of their duty; and the faid com-
miffioners fliall be allowed two and an half per centum on alimonies by them received
and paid away in manner aforefaid.
Ataxtoheic- 8. And be it further enacted, That a tax fhall be* and is hereby levied on all lands
vied on <dja- ,. • i ■ • —"^.y
<sent lands, adjacent to either of the faid ftreams, over and above the taxes already impofed by
law, or which may be impofed for county ufes, in the following manner, to wit: Fif*
ty cents on every hundred acres of land within one mile of either of the faid ftreams,
and below, within one mile of the places herein named; thirty-feven and an half cents
on every hundred acres of land within two and over one mile of either of the faid
ftreams, or of either of the places aforefaid; and twenty-five cents on every hun-
dred acres of land within five and above two miles of either of the faid ftreams, or
fiowtobccoi- of either of the places aforefaid; and all perfons liable to pay fuch tax, are required
lefted. t0 pay tfo fame to any one 0f tne faid commiffioners who hath given bond as afore-
faid, on or before the firft day of November next, otherwife the faid commiffioners, '
or a majority of them, may iflue execution againft thofe in default, directed to the
fheriff or his lawful deputy of the county wherein fuch land lie, who may levy the
fame on the goods and chattels of fuch defaulter, if any to be found in fuch county,
and if not, then on a part of fuch lands competent to pay the tax due by fuch perfon;
and may after three months' public notice thereof, in the gazette of Savannah or Au*
gufta, if the owner of fuch lands do not refide within fuch county, or after thirty days'
public notice in three or more public places in the county, if fuch owner be a refident
of the county, expofe the fame to public fale tothehigheft bidder; Provided, That no
proviso. mQre than a pr0p0rtjon of one tenth part of the faid lands belonging to any one per-
fon fhall be liable to fale under and by virtue of this a£t : And provided alfo, That
Em or- tne land-s of orphans or infants under age, who have no guardian to aft for them, fliall
than*. not ke liable to fale as aforefaid.
THOMAS STEVENS, Speaker of the Houfe of Reprefentatives.
BENJAMIN TALIAFERRO, Prefident of the Senate,
Concurred February 22, 1796.
]ARED IRWIN, Governor.
NAVIGATION OF RIVERS. g%
An act to improve the navigation of Brier Creek from ike line dividing the counties of
Burke and Scriven, to the mouth thereof.
i. DE IT ENACTED by the Senate and Houfe of Reprefentatives of the fate ofPersonsU!ih]e
JO Georgia in General Ajftmbly met, That the male inhabitants of the county of^crS^'"
Scriven, from the age of eighteen to forty-five years, which do or may refide within s-riTen-
two miles of the laid creek, fh all be, and they are hereby made liable to work on and
improve the navigation of the faid creek, from the aforefaid lines of Burke and Scriven
to the mouth thereof, by laboring thereon three days each year, under the penalty of one
dollar for each day, which any perfon or perfons as aforefaid, mall neglett or refufe
to work or aid in improving: the -navigation of fucb creek : and the mailer, owner or
other perfon or perfons, having the charge or cuftody of any Have, or other perfon
bound to fervice, or under the age of twenty-one years, [hall be, and they are hereby-
made liable to pay for the default or neglect of any fuch perfon or perfons whatever.
2. And be it further enacted, That the inferior court of the county of Scriven, fhall fo'SKm'
be authorized to appoint commiffioners to improve the navigation of the faid creek • miS6ume<:*-
who are hereby authorized to call or fummons the faid inhabitants, and by their joint
labor to improve and open the navigation of the faid creek ; and they the faid com-
miffioners refpeclively, fhall iffue execution againft the feveral perfons, who may neg-
lect or refufe to comply with the terms ofthis acl, and to apply fuch fum or fums of
money, as may be fo received, to and for the ufe and benefit of the navigation of the
faid creek.
3. And be it further enacted, That fuch perfons as are required by this act, to aid fewsaswarfc,.
in the improving of the navigation of the aforefaid creek, (hall be exempted from work- creek exempt
r , ' O . O " r from roadi.
mg on any public road.
4. And be it further enoMcd, That every perfon or perfons, liable to work as afore- what tools ant
faid, mall bring with them one good axe each} and fuch other tools and implements, as beustd cuts "
the faid commiffioners may direct; and every perfon or perfons, neglecting or refu-
fing to bring fuch tools and implements, as may be required as aforefaid, fhall be fined
ill a fum not exceeding one dollar each, per day ; and the owner, manager or em-
ployer of any flave or (laves liable to work, and neglecting or refuting to bring the
tools or implements required by the commiffioners as aforefaid, fhall be fined for
each (lave neglecting or refufing as aforefaid,in a fum not exceeding one dollar each per
day ; to be recovered by warrant under the hand and feal of the faid commiffioners or
a majority of them, directed to the fheriff or any conftable of the county in which they
refide; and it fhall be the duty of the faid fheriff or conftable to levy and make fale of
the defaulter's goods and chattels, as in cafe of execution and levy, ordered by the fupe-
rior or inferior courts in this ftate.
5. Be it further enatled, That all other acts or parts of acts for the improvement RePean*5
of the navigation of the aforefaid creek, fo far as militates againft this aft, fhall be and clWMC'
they are hereby repealed.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, Prefdent of the Senate.
Concurred February 15, 1797.
TARED IRWIN, Governor.
3A
370 NAVIGATION OF RIVERS.
An att to repeal an u At~l for keeping open Little River and Broad River, fo far as it
refpeBs Jofeph Ray, Bazil Lamar, and the heirs of Williamfon, upon certain condi-
tions.''''
Preamble.
WHEREAS it hath been found that an aft pafTed the twenty-fecond day of
February, one thoufand feven hundred and ninety-fix, has in its operation
borne hard upon Jofeph Ray and Bazil Lamar, by preventing the profecution of
«. their defign to erect merchant mills upon Little River : And whereas, it is of much
more confequence to the community at large, to encourage the manufactory of flour,
than the inconfiderable advantages refulting to a few individuals, from the egrefs of
the fifh in the aforefaid river.
Theaasofar i. Be it therefore enacted by the Senate and Houfe of Reprefentatives of the fate of
iSsls?iaRa0f& Georgia in General AJfembly met, and by the authority of the fame: That fo much of
r^eaiedoif' the aforefaid aft for keeping open Little River and Broad River, as refpefts the mill
£oii8.in condi~ feats of the aforefaid Jofeph Ray and Bazil Lamar, be and the fame is hereby repeal-
ed. Provided always nevertheless, That if the laid Jofeph Ray and Bazil Lamar ill a 11
not, within two years from and after thepaffing of this aft, ereft or caufe to be ereft-
ed and completed a merchant mill each, in which may be manufactured into good mer-
chantable flour, one hundred and fifty bufhels of wheat in the fpace of one day, this
aft fhall after the expiration of the aforefaid two years, be taken and confidered, fo far
as it refpefts the aforefaid Jofeph Ray and Bazil Lamar, as not operating to repeal
the aforefaid aft for keeping open Little River ; but the fame {hall thereafter be re-
ceived and remain in full force and efficiency.
rl*ta?Z*s 2. And whereas, a bounty of land upon Little River was granted to Andrew Burns,
Burns'saw jn confi(]eration of his erecting a faw mill thereon, which was accordingly com-
pleted: And whereas it was a departure from the original intention of the legiflature,
to impede the exercife of the aforefaid faw mill, by requiring a fluce to be opened in
the dam of the fame.
Renins g. Be it therefore further enabled, That the aforefaid aft for keeping open Little
River and Broad River, lb far as it relates to the aforefaid faw mill, be, and the fame is
hereby repealed.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, President of the Senate.
Affented to February 2, 1798.
JAMES JACKSON, Governor,
An act to amend an aB, for clearing out Ogechee River and Brier Creek.
ramble. 1- YT| 7HEREAS a number of citizens of Bullock county hath petitioned this le-
y y giflature for altering the mode of clearing out the lower part of Ogechee
River: Be it therefore enaiied by the Senate and Houfe of Reprefentatives of the fate
of Georgia, That the juftices of the inferior court of the county of Bullock, be, and
eommi'sioners they are hereby authorized and required to appoint commiliioners in the faid county,
l^ov^'t0he ri- for the purpofe of clearing out the river Ogechee, oppofite to the faid county line,
cou&ty. ' as far as the faid line extends, which faid commiffioners fhall have full power and au-
thority to call out the inhabitants liable to work on the roads, who fhall work on the
faid river, at the time appointed by the faid eommiffionersj fix days in every year.
NAVIGATION OF RIVERS, 371
6, And be it; further enacted, That the faid inhabitants liable as aforefaid, fhall be^m*^
fubjeft to the fame fines and penalties for not working on the faid river, or for the to worii!'1'6
difobedience of the orders of the commiffioners, as they are liable to by the road aft
of force in faid county, for negleft of duty or difobedience of orders in working on
the faid roads : Provided always, That the faid inhabitants fhall not be liable to workpro,iso
on the public roads in the faid county for'more than fix days in one year: And pro- morgan fix
vided alfo, That the faid inhabitants*, upon producing a certificate from the faid com- yen?."1
miffioners, of their having worked on the faid river in clearing and rendering the
fame navigable, to the juftices of the inferior court of the faid county, within ten
days after working as aforefaid* he or they producing fuch certificate, to be filed of£on™uki™on.-j
record in faid court, fhall not be liable to the additional tax impofed by the faid act, t«mTcei
entitled " An aft for clearing out Ogechee River and Brier Creek."
3. And be it further enabled^ That the inferior court of any of the counties inclu-otIier ;nfc,
ded and made liable to the faid tax by the aforefaid aft, be and they are hereby au-^fy001
thorized, upon the petition of a majority of the inhabitants liable as aforefaid, to ap-a°s'0'
point commiffioners for opening and clearing the faid river, oppofite to the county
line of the inhabitants fo petitioning, which faid commiffioners fhall be veiled with
like power as the commiffioners to be appointed for Bullock county ; and the inha-
bitants in fuch county petitioning as aforefaid) fhall be liable to the fame penalties,
and entitled to the fame advantages which the faid inhabitants of Bullock countv are
liable or entitled to by this aft.
DAVID MERIWETHER, Speaker of the Houfe. of Reprefentativeh
DAVID EMANUEL, Prefident of the Senate,
AfTented to February 3, 1798.
JAMES JACKSON, Governor.
may appoint
mmiuncf"
&«••«•*«
An at~i to incorporate a company for the improvement of the navigation of that part of
Savannah River bctvjeen the town of Peterfburgh and the city of Augifla.
*• "\]\ /"HEREAS the improvement of the inland navigation of every country isPremabie; ■
V V of primary importance to its inhabitants, and few countries enjoying great-
er natural advantages than this ftate for the exteniion of commerce, and it being con-
ceived that the clearing out and removing the obftructions in that part of Savannah
River, between the town of Peterfburgh and the city of Augurta* would greatly con-
duce to the convenience and intereft of the inhabitants fettled in the north and north-
weftern parts of this ftate: Be it enabled by the Senate and Houfe of Reprefeniatives ofAcom an eJ
the ft ace of Georgia in General Affembly met, and by the authority of the fame, That a ^'«jct^;
company mall be eftablifhed, the capital ftock whereof fbal) not exceed forty thou- IahSavan"
land dollars, divided into four hundred fhares, each fhare being one hundred dollars jffi* forty*0
and that fubfcriptions towards conftituting the faid ftock fhall, on the firft Monday in £r<fandd°|-
May next, be opened at the town ox Peterfburgh, under the fuperintendance of wile "^4%
fuch perl'ons, not lefs than three, as fliall hereafter be appointed for that purpofe;cobeoi>enea'
which fubfcription fhall continue open until die whole of the faid ftock fliall have
been fubfcribed.
2. And be it further enabled, That it fhall be lawful for any perfon, co-partner- mm to m
fhip, or body politic to fubfcribe, as he, (he or they, fhall think fit, for fuch or fo ma- pai4,
2
372 NAVIGATION OF RIVERS.
ny fhares not exceeding thirty, and that the fums reflectively fubfcribed, fhall be pay-
able in gold or filver, or bank, bills of the United States, to be paid at four feveral
payments, at the cliftance of nine calender months from each other, the full whereof
fhall be paid at the time of fubfcription.
The subscribers 3. And be it [livelier enaflcd, That all thofe who mail become fubferibers to the
«w°nameof )y faid company, their fucceffors and afligns, mall be and are hereby created and made
•' The Savan- * '
nah Navi^aticn a corporation and body politic by the name and ft vie of the " Savannah Navigation
Company. ■*■ / * / j y
Company," and by that name ill ail be, and are hereby made able and capable in law,
to have, purchafe, receive, pofiefs, enjoy and retain to them and their fucceflbrs, lands,
rents, tenements, hereditaments, goods, chattels and effects, of what kind, nature or
quality foever ; and the fame to fell, grant, demife, alien, or difpofeof; to me,
and be fued, plead and be impleaded, anfwer, and be anfwered, defend and be
defended, in courts of record or other place whatsoever : And alfo to make,
have and ufe, a common feal, and the fame to break, alter and renew, at their plea-
fure : And alfo to ordain, eftablifh and put in execution, fuch bye laws, ordinances
and regulations as mall feem necelfary and convenient for the government of the
faid corporation, not being contrary to law, or the conftitution thereof (for which
purpofe general meetings of the fubferibers to the faid flock fhall and may be called
by the directors, and in the manner herein after fpecified) and generally to do and ex-
ecute all and fingular acts, matters and things, which to them fhall appertain to do ;
fubj eft never theiefs, to the rules, regulations, reftrietions, limitations, andprovifions
hereafter prefcribed and declared.
Didh°wchhcn 4' And be it further enacted. That for the well ordering of the affairs of the faid
sen. corporation, there fhall be nine directors, of whom there fhall be an election on the
firft Monday of January in each year, by the flock holders or proprietors of flock in
the faid corporation, and by plurality of votes, aclually given; and thofe who mail
be duly chofen at any election, fhall be capable of ferving as directors, by virtue of
fuch choice, until the end and expiration of the firft Monday of January next enfuing,
who Shan the time of fuch election, and no longer ; and the faid directors at their firft meeting
choose n presi" •
cent. after fuch election, fhall choofe one of their number as prefident.
Noticctobegi- 5- Provided always and be it further enacted. That as foon as the fum of four thou-
tiw.mndndfo"r fond dollars fhall have been actually received on account of fubferiptions to faid
d*r8eaoer?d»ii& ft'ock, notice thereof fliall be given by the perfons under whofe fuperintendance the
fum fliall have been made, in one of the public gazettes of this ftate, and the faid per-
fons fhall at the fame time and in like manner, notify a time and place at the diftance
of thirty days from the time of fuch notification, for proceeding to the choice of di-
rectors : And it fliall be lawful for fuch election to be then and there made; and the
per fons then and there chofen fhall be the firft directors, and fhall be capable of
ferving, by virtue of fuch choice, until the end and expiration of the firft Monday
of January next enfuing the time of making the fame, and fhall forthwith thereafter
yj.«*rs.. commence the operations of the faid corporation. And provided further, That in
cafe it mould at any time happen that an election of directors fliould not be made
upon any day, when purfuant to this act it ought to have been made, the faid corpo-
ration fliall not for that caufe be diffolved ; but it fhall be lawful on any other day,
to hold and make an election of directors in fuch manner as fit all have been regulated
by the laws and ordinances of the faid corporation.
6. And be it further enabled, That the directors for the time being fhall have power
rower and du
tysftke«jirec-to appoint fuch officers and fervants under them, as fhall be neceffary for executing
the bufmefs of the faid corporation, and to allow them fuch compenfation for rheis
NAVIGATION OF RIVERS. 373
fervices reflectively, as fhall be reafonable; and (hall be capable of exercising fuch
other powers and authorities for the well governing and ordering the affairs of the faid
corporation as (hall be defcribed, fixed and determined by the laws, regulations and
ordinances of the fame.
7. And be it further enacted. That when the faid corporation fliall have fo remov-
ed the obftruchons m that part of Savannah River between the town ol reteriourgh tiers arercmo-
i- \ ' ved by tlie cor-
and the city of Augufta, that boats carrying a burthen of fifteen hogfhcads of to- ^fifteen0
bacco, when the water is at its common height, fliall fafely pafs up and down from [:°|s!l^ey S
the faid town to the faid city, then the faid corporation, and not before, fliall have lcctive tolK
power to levy and receive a toll on all articles carried up and down the faid river,
which fliall not exceed the following rate^:, viz.
For every hogfliead of tobacco, thirty-feven and an half cents. Rates of toil,
For every barrel of flour, four cents.
For every hundred weight of all other articles, except lumber, two cents.
For every thoufand feet of lumber, ten cents.
. And fliall alfo levy a toll in proportion to the diftance from any other place on the
faid river, between the faid town of Peterfburgh to the falls of the faid river, next
above the city of Augufta. And if any perfon pairing up and down the river as
aforefaid, with any boat or other veffel with goods or any articles on board, and fliall
refufe to pay the toll aforefaid, or any other rates the faid corporation may eftablifli,
not exceeding thofe aforefaid, then and in that cafe the faid corporation fliall have
power, and are hereby authorized to feize and detain the fame, until the cuftomary
toll fliall be paid.
8. And be it further enacted, That the following rules, reductions, limitations and Slit?^
provifions. fliall form and be fundamental articles of the conftitution of the faid cor- "ti0"
p oration :
1ft. The 'number of votes to which each ftockholder fliall be entitled, fliall be ac- ^lat;°nof
cording to the number of fhares he fliall hold, in^e proportions following, that is to
fay: For one (hare, and not more than four fhares, one vote; for five fhares, and
not more than nine, two votes; for ten {hares, three votes; and for every five fhares
above ten, one vote, exclufive of the three to which he, flieorthey, may be entitled
by the ten fhares.
2d. Not more than one half of the directors in office, exclufive of the prefident. Eligibility.
fliall be eligible for the enfuing year.
3d. None but a ftockholder fliall be eligible as a director. n. „
1 tvt v n r Director mutt
4th. No director or prefident fhall be entitled to any emolument, uhlefs the fame£a *tockhold-
fhall have been allowed by the ftockholders at a general meeting. f 'em°Ium*nt-
5th. Not lefs than five directors fliall conftitute a board for the tranfaclion of any Fiveshaiicon-
bufinefs, of whom the prefident fliall be one, except in cafes of ficknefs, or neceffa- sticuteaboard'
ry abfence; in which cafe his place fliall be fupplied by another director.
. 6th. A number of ftockholders, not lefs than twenty-five, fhall have power at any 90*0. meet-
11 1 • r 1 r> J J U1S) liowcalied.
time to call a general meeting of the ftockholders, for purpofes relative to the mfti-
tution, giving at leaft four weeks' notice in one of the public gazettes of this Mate, and
fpecifying in fuch notice the object or objects of fuch meeting.
;th. Every treafurer, before he enters on the duties of his office, fhall be required Treasuver shaI1
to give bond, with two or more fecurities to the fatisfaction of the directors, in a fum fe1cuI1it°y!dand
not lefs than five thoufand dollars, with condition for his good behaviour.
8th. The flock of the faid corporation fliall be affignable and transferable, accord- jjJS* aSEl£S'
374 NAVIGATION OF RIVERS.
ing to fuch ryles as (hall be inflituted in that behalf, by the laws and ordinances of the
fame.
videdsye0ariy'li" 9tn- Yearly dividends mall be made of fo much of the profits of the ftock as (hall
appear to the directors advifable, and once in every two years the directors fhall lay
before the hockholders at a general meeting, for their information, an exact and parti-
cular ftatement of all debts due or owing, and all monies received or expended.
supennten- 9> A n^ be lt further enabled, That Leroy Pope, Robert Thompfon," Memorable
dafonomina- Walker, Robert Watkins, of Peterfburgh, John Oliver, Robert Ware, Newel Wal-
ton junr. and James Hughs, are hereby appointed fuperintendants to open the fub-
fcriptions and to fuperintend and conduct the bufinefs of the faid corporation, until
organized according to prescriptions and limitations of this act.
corporation io. And be it further enabled, That the faid company fhall remain and continue a bo-
twcntCyyearsf dy politic under the restrictions limitations and provifions aforefaid, for the term of
twenty years and no longer, the term of twenty years to commence from the day
when the faid corporation fhall order the reception of the toll according to the con-
ditions of this act.
Direanrs shaii n. Be it further enacted, That when the river aforefaid fhall have been fo clear-
executwewhen ed out, and the obftructions fo removed as contemplated and required in the feventh
cilfaredout. fection of this act, a report thereof by the directors fhall be made to the executive
department, who fhall appoint perfons not lefs than three, to examine and report the
improvement made on the faid river, by the faid corporation, from the town to the
city aforefaid, and if the faid perfons fo nominated, after due examination ih all report
that the portion of the river aforefaid, is fo improved in its. navigation, and its ob-
ftructions fo removed, that boats of the burthen mentioned in the feventh fection of
this act, can fafely pafs from the town to the city aforefaid, then, and not before, the
faid company or corporation fhall be empowered to levy or receive the toll at the
rates aforefaid.
Thefundsof 12. And be it further enabled ', T^iat nothing herein contained fhall extend, or be
be'alS0"0 conftiued to extend to affect in am manner the funds of this ftate or any part there-
pr&viw. of: Provided always, That the operation of this and every part thereof fhall be and
the fame is hereby fufpended until the legiflature of South-Carolina fhall pafs a law
or laws eltabhfhing the company aforefaid, and giving the faid corporation the like
powers oi levying a toll on the produce of that ftate, as is given by this act, to the faid
proviso. company, over the produce of this flate: And provided, That nothing contained in
this act fhall prevent the next legiflature from repealing the fame.
DAVID MERIWETHER, Speaker of the Honfe of Reprefentatives.
ROBERT WALTON, Prefidcnt of the Senate.
Affented to February 14, 1799.
JAMES JACKSON, Governor.
» • * * » 8
An ati to appoint commijfioners for the purpofe of co-operating with the fate of South-
Carolina, in improving the navigation of the river Savannah, from the city of Ait-
gujla to the city of Savannah.
1. *\ H T HERE AS it is conceived that it will very much advance the agricultural
and commercial intcrefts of this ftate, to remove as much as pofhble all
NAVIGATION OF RIVERS. 375
obftructions to the navigation of the river between the cities of Augufta and Savan-
nah, and will be productive of confiderable advantages to trade and induftry in gene-
ral, therefore, Be it enacted by the Senate and Houfe of Reprefentatives of the Jlate of
Georgia in General Affembly met, and by the authority of the fame, That the corpo- commissioners
ration of Savannah fhall appoint three fit and difcreet perfons, and the city council oftojolnwSmfs-
Ausufta a like number, as commiffioners to join any who have been, or hereafter may nominated by
- roiy-ii-i'i • rr • '..South-Carolina
be aopointed by the ftate of South-Carolina: which commimoners, or a maionty ol to improve the
I r J ^ ' ■ i i r» navigation 01
them, ihall form a board, to be defignated by the name and ityle of a board of com- savannah ri-
miffioners for improving the navigation of the river Savannah, and Hi all have power ^°s»6ii16neaii
to lay and impofe a duty or toll on all produce or lumber carried down the faid ri- X'f^l^C
ver; Provided, fuch toll or duty fhall jiot exceed the following rates, to wit : On each Todv"ofr
hogfhead of tobacco thefum of fifty cents; on each barrel of corn or wheat flour, twelve Rate!0ft° •
and an half cents; on each barrel of pork, fix and a quarter cents; on every thoufand
feet of plank or lumber, fix and a quarter cents ; on every hundred buihels of corn
fifty cents; on every hundred weight of clean cotton, twelve and an half cents to be
paid by the owners, the factors or agents to whom the aforefaid articles are fhipped ;
and the monies arifing therefrom, fhall and is hereby declared to be a fund let apart
and appropriated for the fole and exclusive purpofe of improving the navigation of
the faid river Savannah, between the cities aforefaid; and veiled in the faid board of
commiffioners, and their fucceffors in office, for the ufe and purpofe aforefaid.
2. And be it further enacted, That the aforefaid board of commiffioners fhall have cou"aw?oint a
power to appoint a collector, refident in the city of Savannah, whofe duty it fhall be
.to colleft the aforefaid toll on and every of the articles herein before enumerated,
which may be carried down the faid river to the port of Savannah, and ihall give whoshallg;ve
bond, with two or more good and fufficient fecurities, in the fum of five thoufand rity1nfivesecu"
dollars, payable to his excellency the governor, and his fucceffors in office, condi-iarsU!,auddo1'
tioned for the true and faithful discharge of all duties impofed on faid collector by this
aft, which bond fhall be taken by the faid commiffioners, and tranfmitted to the trea-
fury office, fubjeft to be put in fuit, on the application of the faid board of commif-
fioners, for any breach thereof; and any monies recovered thereon, mall be appro-
priated by the faid commiffioners for the purpofe of improving the navigation of the
faid river ; and the faid collector fhall receive a commiffion of five per centum on al! Heshall receiw
monies collected and paid by him, in full compenfation for his fervices. fivepercent.
3. And be it further enabled, That the faid collector fhall make fair and regular And make a
returns of all monies received by him in virtue of this aft, and pay the amount there- of aii money re-
of to the faid commiffioners quarter yearly, or in default thereof, may be fued on his ituvertotlie
faid bond, and removed from office at the difcretion of the faid board of commif-
fioners; and it fhall be the duty of the faid board to keep a fair and regular account
of all monies recovered under and in virtue of this aft, and tranfmit a ftatement
thereof to the office of the treafurer of the ftate annually, for the infpeftion of the
legiflature.
4. And be it further enabled, That the commiffioners appointed in virtue of this commissioners
aft, fha!l give bond and fecurity in the fum of five thoufand dollars each, payable to rityih'nvesecu"
his excellency the governor and his fucceffors in office, conditioned for the faithful i"S each. u
difcharge of their duties, which bond fhall be taken by the corporation appointing
them refpeftively, and tranfmitted to the treafury, fubjeft to be put in fun, on the
application of the faid corporation, for any breach thereof; and the monies reco- Moncyrccover.
vered thereon to go to the fund intended to be railed by this aft, prune*? appro'
376 NAVIGATION OF RIVERS.
ComiTii-.sicners
to meet and
carry ti
cu effect
5. And belt farther enabled, That the faid commifTioners fhall meet at fuch time
;sa"lin- an4 place as they may agree on, and proceed to carry this act into effect, in fuch man-
ner as in their judgment will belt promote the beneficial purpofes for which it is in-
tended.
DAVID MERIWETHER, Speaker of the Houfe of Reprefeniatives.
ROBERT WALTON, Prefident of the Senate.
Affented to February 18. 1799.
JAMES JACKSON, Governor,
An abl to raife money for the purpofe of opening and improving the navigation of Broad
River, from its junction with Savannah River, up the faid Broad River to Wilhite's
Landing.
preamble. i. lOT 7* H ER E A S it appears eflential to the intereft and convenience of the citizens
Y V °f this flate? refiding on, and near the waters of Broad River, that the
navigation of faid river be improved, by means of which, the produce ofthofe parts
may be conveyed with more eafe to market. Be it enabled by the Senate and Houfe of
Reprefeniatives in General AJJembly met, and by the authority of the -fame, That it fhall
«°taSed?toe an^ may ke lawful f°r tne commiflioners herein after named, to eftablifh a lottery with-
in three years from and after the paffing of this act, to raife the dim of one thoufand
dollars, under fuch fchemes and regulations, as they, or a majority of them, may deem
neceffary and proper, to carry into effecl the above recited objeft.
2. And be it further enabled, That Allen Daniel, William Harvey, Edmund Shac-
;o effect" in~ kleford, Reuben Eafton and Clayborne Webb, be, and they are hereby appointed
commiflioners, to carry the aforefaid lottery into full effect.
DAVID MERIWETHER, Speaker of the Houfe of Reprefeniatives.
DAVID EMANUEL, Prefident of the Senate.
Affented to December i, 1800.
JAMES JACKSON, Governor.
taise one thou
sand dollar.
Commissioners
e • • • •
Preamble.
An act to authorize certain commiffioners therein named to efiablifh a lottery for the pur-'
pofe of raifing the fum of three thoufand dollars, to be appropriated to clearing
out and improving the navigation of the Alatamaha and Oconee Rivers, commencing
from the fea, and continuing as far up as the Rock Landing, and for other purpofes.
1. T 71 7HEREAS it appears effential to the intereft of the people at large, that the
V V navigation of the Alatamaha and Oconee Rivers fhould be improved, as
far up the latter river as the Rock Landing, thofe being the principal channels through
which the produce of the weflern parts of this ftate are conveyed to market. And
whereas there are at prefent many obstructions to the eafy navigation thereof. Be it
therefore enabled by the Senate and Houfe of Reprefeniatives of the fate of Georgia in
£edM^0r General Affembly met, and by the authority of the fame, That it fhall and may be lawful
fenSf juS*" f°r !t^e commiflioners herein after named, to eftablifh a lottery within nine months af-
feE* ter the paffing of this acl; to raife the faid fum of three thoufand dollars under fuck
t
tized
AUtama
Ocanee
-officers, Civil and military. 377
(themes and regulations as they may think fit and proper for the purpofe of opening
and improving the navigation of the laid rivers.
2. And be it further en-afted by the authority aforefaid, That Jonathan Fabian, John ^™ti^°«MS
Cauper, Ferdinand Ontal, Spencer Willibn, David Blackfhear, John Jones and
Samuel Wright, be the commilnoners authorised to carry the fame into effeft.
3. Andxvhercas the manufactory of cotton will be attended with public utility, and^^^*'
William M'Clure and James Thompfon have pi opofed toereel: machines for that pur- |££j*jg£^
pofe: Be it therefore further enacted by the authority aforefaid, That it (hall and may be
lawful for the cominiilioners herein after named to eitablifh a lottery within fix months
from and after the pa fling of this a£t to raifethe fum of two thoufand dollars, under fuch
ichemes and regulations as may by them be deemed necefiary, the laid money to be
applied to the ufe and benefit of the fatd William M'Clure and James Thompfon, for
the purpofes of erecting and carrying on the machinery aforefaid.
4. And be it further entitled, That Benajah Smith, Joel Abot and John Matthews f™^1*
be, and they are hereby appointed commifiioners to carry the laft mentioned lottery
•into effect.
DAVID MERIWETHER, Speaker of the Houfe of ' Reprefentatims,
DAVID EMANUEL, Prefident of the Senate.
JAMES JACKSON, Governor.
AiTeated to February 3, 1798.
OFFICERS, CIVIL AND MILITARY,
An act 10 compel all officers, civil and military, ivithin this fate, to take and fubf crib £
an oath tofuppert the conflitution thereof.
\ /£ THERE A.S it isneceffary that all officers, civil and military, within this ftate9Pn*mbfa.
V V mould be bound to fupport and maintain the constitution of the fame :
1. Be it therefore enacted, That all and every officer, tivil and military, holding any ah officers civil
office under the authority of this ftate, by commiffion or otherwife, fhalltake and shaiuak^thc
fubferibe the following oath, before the clerk of the fuperior or interior courts of °
the county in which he may reside; or if a ftate officer, before his excellency the
governor for the time being, to wit: " I, A. B. do folemnly fwear (or affirm, as the?j^c^jg^
cafe may be) that I will bear true faith and allegiance to the ftate of Georgia, and totl011
the utmoft of my power and ability obferve, conform to, fupport and defend, the
constitution thereof, without any refervation or equivocation whatfoever, and the
■constitution of the United States. So help me God."
2. And be it fur i her enacted, That all officers who are now in coHimiffioir, civil or
military, except fuch ftate officers as have been elected by the General Aflembly at this the oath shall
prefent feffion, and have been duly qualified before his excellency the governor, (hall,
within the term of fix months, take and fubferibe the aforefaid oath, in manner and
form aforefaid, which fliall be made of record by the officer before whom it is taken;
and in cafe of refufal or neglecl of any officer, his office fhall be considered null and
void, and his excellency the governor is hereby authorized and required to fill up
fuch vacancy, in the fame manner as if it had been made by death, reiignation or re-
moval from the diftrich And in cafe any iheriff, clerk of the fuperior or inferior
■3 B
378 6FFICER5, CIVIL AND MILITARY.
gk°ti^tortake8 court, or any other officer having office of truft under the authority of this ftate, fhall
dtc «aid oath. negieQ or refufe to take the aforefaid oath in manner and form aforefaid, within the
term of (ix months, their a£t or a£ts as they appertain to the faid office, fh all be con-
sidered as null and void.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
ROBERT WALTON, Prefident of the Senate.
Affented to February 16, 1799.
JAMES JACKSON, Governor.
An act to give further time to the officers of this fate to take and fubferibe the oath re*
quired by the atl, entitled " An atl to compel all officers, civil and military, -within
this fate, to take and fubferibe an oath to fupport the conflitution thereof," paffed the
Jixteenth day of February, one thouf and f even hundred and ninety-nine.
Persons ;n of- 1. 13 E I T ENACTED by the Senate and Houfe of Reprefentatives of the fate of Geor-
compiv'wfth0 -A3 giain General Affembly met, andby the authority of the fame, Thatthecivil,mili-
£oril!?nuedin tary, and all other officers of this ftate who now are in commiffion, and have not here-
tofore taken and fubferibed the oath required by the aforefaid aft in terms thereof,
mail neverthelefs be permitted to hold, exercife and enjoy their refpeclive appoint-
ments until the firft day of Oclober next.
Those who re- 2. And be it further enabled, That if any of the officers of this ftate mail negle£i
1u*e to take said J ' .' r r • i • < 1 • <->
thbaa^to'be01 or reiufe l° take and fubferibe the aforefaid oath in terms of thisacr, every fuch offi-
iffince!cdfrom cer or officers fhall, for fuch his negletl or refufal, be removed from office, as in
cafes of mal-pra8ice or difobedience of orders.
411 civil oncers q. And be it further enacted, That all civil officers hereafter to be appointed fhall,
toevcifter to be *-»_/*' i x 7
^kcTaTd'oMh1 Def°re tney enter on the duties of their refpeclive appointments, take and fubferibe
the faid oath, in addition to the oath of office; and all militia officers hereafter to be
appointed, fliall take and fubferibe the fame before the clerk of the fuperior or infe-
rior court of the county, and obtain a certificate thereof, before fuch officer fhall take
any command by or under fuch appointment.
proceedings by 4. And be it firther enabled, That all proceedings which have been had or obtained
•;ficeresfniadeg- before any of the aforefaid officers, who have not taken and fubferibed the aforefaid
oath in terms of the faid acl, or that may in future be had and obtained before
them, or any of them, previous to the aforefaid firft day of Oclober next, fhall be
held, deemed andconfidered to be as legal, as if fuch officer or officers had taken
and fubferibed the aforefaid oath in terms of the faid act.
Repealing 5- An& ^e ^ further enabled, That any part or parts of the aforefaid act, which
«ut»e. may milka'te againft this act, fliall be, and the fame is hereby repealed.
DAVID MERIWETHER, Speaker of the Houfe j Reprefentatives.
DAVID EMANUEL, Prefident of the Senate.
Affented to December 5, 1 799.
JAMES JACKSON, Governor.
PAPER MEDIUM, 379
An act to give further time to the officers of this fate to take and fubfcribe the oath,
required by the aEs entitled " An act to compel all officers, civil and military with- f
in this fate, to take and fubfcribe an oath to fup port the confitution thereof pajfed the
fxteenth day of February 1799," and alfo an ail pajfed the tfhday of December 1799.
1. T> E IT ENACTED by the Senate and Houfe of Reprefentatives of the fate of
J3 Georgia in General Affembly met, and by the authority of the fame, That the ^^J'™
civil, military and all other officers of this ftate who now are in commiffion, and kaveStjJejg*^
not heretofore taken and fubferibed the oath required by the aforefaid a£ts, in the
terms thereof, mall, neverthelefs be permitted to hold, exercife, and enjoy their ref-
peBive appointments until the firlt day of Auguft next.
2. And be it further enacled, That all proceedings which have been obtained be- And the!r pw.,
fore any of the aforefaid officers who have not taken and fubferibed the aforefaid S*^J*^
oath in terms of the faid a&s, or that may in future be had and obtained before
them previous to the aforefaid firft day of Auguft, next (hall be held, deemed and
confidered to be as legal as if fuch officer or officers, had taken and fubferibed the
aforefaid oath, in terms of the faid acls.
3. And be it further enabled, That any part or parts of the aforefaid afts, that mili- Repe&i;»
tate againft this a£t be, and the fame is hereby repealed.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives,
DAVID EMANUEL, Prefident of the Senate.
AfTented to November 29, 1800.
JAMES JACKSON, Governor.
clause.
PAPER MEDIUM.
An act for emitting the fum of fifty thouf and pounds in bills of credit, and for cfiablifk*
ing a fund for the redemption of the fame, and for other purp of es therein mentioned,
lk \ II 7HEREAS the fcarcity of gold and filver money render it neceffary to fup-
V V ply the good people of this ftate with a medium of commerce of a (table rre&mwe.
and (olid nature, for want of which they already fuffer : And whereas there is a large
traftof unlocated land in this ftate, called the New Ceffion, which ought to be pledged
as a fund of credit for relieving the public neceffities and fupplying the treafury at
this time.
Be it therefore enabled by the reprefentatives of the freemen of the fate of Georgia in
General Affembly met, and by the authority of the fame, That bills of credit to the pound^n"""^
amount of fifty thoufand pounds (hall be prepared and printed with all poffible dif- be emitted in.8
patch after pairing of this acl, on good paper under the dire£ton of the governor and tionofWg*
executive council, the charges whereof (hall be paid by the ftate treafurer out of the council,
monies fo prepared and printed ; which bills of credit (hall be prepared in manner and
form following, viz,
" This bill ihall pafs current for according to an aft of General Affembly
of the ftate of Georgia paffed the day of Auguft, in the year of our Lord one *«£»■•'***
thoufand feven hundred and eighty-fix, dated the day of A. D. 1786."
And the faid bills (hall have the ftate arms as an efcutcheon in the margin thereof, with
fuch other devices as the governor and council (hall think proper, in order to prevent
counterfeits and to diftinguifh their feveral and relpeclive denominations, which
38o PAPER MEDIUM.
r.oniin.'tiJL c" bill (hall be of the feveral and refpeftive denominations following, and no
other, that is to fay, twenty-five thoufand fix hundred and forty-one bills of twenty
fhillings each, twenty-five thoufand fix hundred and forty-two bills, of ten millings
each, twenty-five thoufand fix hundred and forty-two bills, of five millings each, twen-
ty-five thoufand fix hundred and forty-two bills, of two (hillings and fixpence each,
twenty-five thoufand fix hundred and forty-two bills of one milling each, and twenty -
Fitand proper five thoufand fix hundred and forty-one of fixpence each. And the governor and
Ippotatedto council fnall ufe their bed care, attention and diligence, and appoint fit and proper
tKes^who perfons to fuperintend the prefs during the printing of the faid bills, that the number
•*th. ' and amount thereof according to the faid feveral denominations be not exceeded nor
any clandeftine or fraudulent practices ufed by the printer, his fervants, or others,
and that each of the perfons to be appointed as a fore fa id to fupu intend the prefs mall
take and fubfcribe the following oath before they enter on the duties directed by this
sv>rm of the act : " I, A. B. do folemnly and fincerely fwear that I will according to thebeft of my
(kill and knowledge faithfully, impartially, and truly difcharge thetruft committed to
me according to the direction of this act." And for perfecting the laid bills according
to the true intent and meaning of this aft,
^rfedqwtobe ?• Be it jurther enacted by the. authority af or efaid, That the faid bills, the denomi-
nations whereof (hall be ten millings and upwards, (hall be figned by any two of the.
perfons to be appointed for that purpofe; and that every of the laid bills, the deno~.
minations whereof fhall be under ten (hillings, (hall beiignedby any one of the per-
fons to be appointed for that purpofe; and that the governor and council do appoint
the faid figners, who fhall, before they receive or fign any of them, take an oath to
©athtobeta. the effect following, \iz. " That they (hall well and truly fign and number all the
^zacu che bills of credit that (hall come to their hands for that purpofe, according to the direc-
tions of this atl, and the fame fo figned and numbered, will redeliver, or caufe to be
redelivered, into the public treafury, purfuant to the directions of this aft." And each
Compensation * J / '■ r
ffi,Sdlt&°f trie faid, figners fhall have ten (hillings for every thoufand of the faid bills by them.
^"- figned and numbered, and no more; and the perfons who (hall be appointed to fu-
perintend the prefs (hall federally receive fifteen (hillings for every day they (hall be
employed in the (aid bufinefs; and the treafurer (hall counterfign the faid bills, and
fhall receive the fame as the other figners for fuch fervices.
q. And be it further enabled* That, together with the guarantee of the honor and
'£allisc'C cow"*1' . r . . .
pledged for .tilcfakh of Georgia, which is hereby 'given, all that tracl of land which was lately ceded
^fdcmpcioT) of
i4>e said bins, to this ftate, lying between the Alatamaha, and Oakmulgee, and St. Mary's Rivers,
•above the old Indian boundary line, fhall be, and hereby is pledged and declared to
be a fund, out of which the bills of credits aforefaid (hall be redeemed and cancelled
within the term of four years* by the fale of the faid lands, as a future General Af-
fembly fhall direct, for the faid bills of credit, or gold or filver, and nothing elfe.
Aiegai.tender 4. And be it further enabled, That the bills of credit emitted by this aft be, and
.pa, ca.es. ^^ hereby declared to be a legal tender in all. pad and future bargains, contracts, pur-
chafes, agreements, dealings, debts, dues and demands, according to the fum fpeci-
fied in the faid bill, to be taken and received at the rate and value of four (hillings and
eightpence for every dollar, and fo in proportion for a larger or leffer fum, and of
equal value in the payment of fuch bargain, contraft, purchafe, agreement, dealing,,
debt, due and demand whatever, with a Spanifh milled dollar, weighing feventeen
pennyweight and fix grains, and thirty-feven (hillings and fourpence of the emiflion.
aforefaid, fhall be taken and received at the rate of or equal value to one gold. ha!£
* Time extended by act of 1789, feet. 3.
PAPER MEDIUM. 38ji
Johannes of Portugal, weighing nine pennyweight; and in the like proportion for all
other gold or filver coin.
5. And be it further enabled, That the faid bills of credit fhall be received and ta-
ken by the public treafurer, and all other public officers of this ftate, as gold and fil- shaii be recei-
ver, in all payments that are now due or owing, or that may hereafter become due or Lgpuaniuii-8
owing to the Hate, of what nature or kind foever, at the rates aforefaid, any law to ve
the contrary notwithstanding.
6. And be it further enacted, That from and after the publication of this aft, if any
r-nii-i-i-n 1 r t n r Felony without-
perfon or perfons mail within this ftate, or ellewhere prepare, engrave, itamp, lorge, bench: of ^r.
or print the counterfeit refemblance of any paper bills or credit which fhall be iffueel, j^eTa"^
emitted and made in virtue of this act, or mall counterfeit or lign the name or names
of the figners, to be appointed as aforefaid of the faid bills of credit, to fuch counterfeit
bills of credit, with an intention that fuch counterfeit bills of credit mall be pafTed in
payment, or received as genuine and good bills, whether the fame be fo pafTed or re-
ceived or not, or if any perfon or perfons in this ftate, pafs, pay, or tender in payment
any fuch counterfeit money, or deliver the fame to any other perfon or perfons, with-
an intention that they may be pafTed, payed or received as, and for good and genuine,
knowing the fame to be forged or counterfeited, every fuch perfon being thereof legal-
ly convicted in any fuperior court within this ftate by verdict of a jury or confeffion
of the party offending, or being endicted thereof fhall Hand mute or not directly an-
fwer to the endictment, or (hall peremptorily challenge more than the number of twen-
ty perfons legally returned to be of the jury far the trial of fuch offender, mall be
adjudged a felon and mail fufFer death without benefit of clergy ; and if any perfon
or perfons ihall counterfeit any of the faid bills of credit by altering the denomination
thereof, with defign to increafe the value of fuch bills, or fhall alter fuch bills knowing
them to be fo counterfeited or altered as aforefaid, and fhall be thereof legally con-
victed in any court of record in this ftate, fuch perfon or perfons mall in like manner
fufFer death without the benefit of the clergy. Provided always, That nothing herein proviso.
contained fhall extend to work a forfeiture of theeftate Or effetls of fuch offender.
And whereas, in and by an act of the General AfFerably paffed on the thirteenth clay of
February laft, entitled an aft to continue " An act to authorize the auditor to liqui-
date the demands of fuch perfons as have claims againft the confiscated edates and for
other purpofes therein mentioned," It is enabled. That any perfon. or perfons what-
soever of the defcription therein contained fhall be at liberty to pay into the treafury a ^Bri"^01'
ratable proportion of his, or their debt or dues, recovered under the faid law original- pay theSis
ly belonging to perfons being Britifh fubjects, or adherents as therein mentioned, but E^ifctrLi'ry,
is not faid in what manner the faid payment maybe made.
7. Be it therefore enabled, and it is hereby declared, That the true conftruction of
the faid in part recited act, fo far as refpeets the matter above mentioned, fhall be SKX*1^
that the faid payments fhall be made into the treafury in fpecie. But in order to
give a further credit to the paper medium by this act directed to be ftruck,
8. It is hereby enabled, That the debts, and dues or parts and proportions of debts Money due the
J ! * ■ t « ■ . 1 i r r r • 1 n 1 1 1 r» 1 ■ i - state may be
ana cues coming within tne aeicription afoxefaid, mail or may alio be paid into the' niAia ■«& *»<*
treafury in the faid paper money to be ftruck under the prefent law, but in nothing
elfe, that is to fay, either in fpecie or in the paper currency now intended to be emit-
ted, Provided fuch payments be made at any time within nine months from and af-
1 in r. 1 . ■ ■■% ' Proviso,
.te'r the palling of this a£t.
Augufta, Auguft 14, 1786
By order oi
WILLIAM GIBBONS, Speaker..
382 PAPER MEDIUM.
An act to redeem the paper medium of this fate.
Preamble. i. X If 7HEREAS it is necertary and expedient, from the injury which has arifen to
V V individuals, and for the restoration of public credit, that meafures be taken
to redeem and take up the current medium now in circulation in this (late:
Five thousand And whereas, five thoufand pounds of the faid paper medium, appropriated in the
pounds burnt. treafury lowarcJs a finking fund, agreeabie to a refolution of the 22d inft. has been
burnt under the infpeftion of the committee of finance, the amount and refpeftive
denominations of which to be certified by the treafurer, and entered on the minutes
of the General AiTembly :
Rve thousand Be it therefore enabled by the reprefentatives of the freemen of thejlate of Georgia in
four e earT General AJJembly met, and by the authority of the fame, That the further fum x>f five
thoufand pounds of the tax of the current year, and of four fucceflive years there-
after, be proportioned in like manner as aforefaid, and annually burnt, under the re-
gulations herein before pointed out. ,
certain parts of 2' And be it enacted by the authority aforefaid, That from and immediately after the
tolb/repwied. United States, in congrefs affembled, (hall or may pafs any aft or afts for laying im-
ports, or laying direft taxes within this Mate, then, in that cafe, fuch part or parts of
the aft, entitled " An aft for emitting the fum of fifty thoufand pounds paper me-
dium, and for other purpofes therein mentioned," that relate to receiving imports on
duties as aforefaid be, and the fame is hereby repealed.
3. And be it enacted by the authority aforefaid, 1 hat the time for taking up the faid
current medium of this ftate, be extended until the fifteenth day of January, one
thoufand feven hundred and ninety-four, and fhall continue to be a tender* in all
cafes, except for import and direct taxes as aforefaid, any law to the contrary not-
withstanding.
By order of the Houfe.
JOHN POWELL, Speaker,
Augufta, 3d February, 1789.
* Time fpr redeeming faid bills, extended to the 15th January, 1794. See aft of 23d Dec. 1789.
An all for repealing certain parts of atls therein mentioned.
^medium ^TJE IT ENACTED by the Senate and Houfe of Reprefentatives of the fate of
^longer aten- J3 Georgia in General Affembly met, That fo much of" An aft, parted the four-
teenth day of Auguft, one thoufand feven hundred and eighty-fix, for emitting the
fum of fifty thoufand pounds in bills of credit, and for eftablifhing a fund for the
redemption of the fame, and for other purpofes therein mentioned," as declares, that
the bills of credit emitted by virtue of the faid aft, and therein declared to be a legal ten-
der in all paft and future bargains, contrafts, purchafes, agreements, dealings, debts, dues
and demands, according to the time fpecified in the faid bill, fhall no longer be and
continue a legal tender in any part or future bargains, contrafts, purchafes, agree-
ments, dealings, dues and demands whatever, from and after the fourteenth day of
Auguft next.
PEDLARS. 383
2. And be it further enacted, That fo much of an a£l paffed the third day of Fe- ffi!!"8
bruary, one thoufand feven hundred and eighty-nine, entitled " An acl to redeem the
paper medium of this date," which extended the tender of the faid paper medium un-
til the fifteenth day of January, one thoufand feven hundred and ninety- four, {hall
be, and the faid feveral claufes of both acls are hereby repealed.
SEABORN JONES, Speaker of the Iloufe of ' Refrifintativcs,
N. BROWNSON, President of the Senate.
Concurred, December 23, 1789.
EDWARD TELFAIR, Governor,
PEDLARS,
An act for licenfing and regulating pedlars,
1. "C II 7HEREAS great injury hath accrued to the citizens and fair dealers of tbisM*u
V V ftate by unlicenfed, itinerant traders, called pedlars, going about from coun-
ty to county, and draining this ftate of its circulating coin, for remedy whereof; Be Pe(.Iars not to
it enacted by the Senate and Houfe of Reprefentatives of the fate of Georgia in «„s£ithout Hi
General Affembly met, That it (hall not be lawful for any itinerant trader, or pedlar to
fell or otherwife difpofe of any goods, wares, or merchandize, except fuch itinerant
trader, or pedlar, fhall firft produce a licenfe fo to do from the treafurer of this ftate,
who is hereby authorized to iffue a licenfe to any perfon or perfons, who (hall apply
for the fame, to be an itinerant trader or pedlar as aforefaid, on their feverally paying
into the treafury annually the fum of feven hundred dollars.
2. Be it enacted, That if any perfon or perfons whatfoever fhall, contrary to the^^tiS61"
true intent and meaning of this a6t fell, or difpofe of any goods, wares, or merchan-
dize, fuch perfon, or perfons, fhall for every fuch offence, forfeit and pay to any per-
fon who fhall fue for the fame, the fum of five hundred dollars, or who (hall when
thereunto required by any civil officer, negletl or refufe to produce fuch licenfe a"s
aforefaid for their infpe&ion, fhall for every fuch offence, forfeit and pay in man-
ner and form aforefaid, the fum of feventy dollars.
3. And be it further enacted, That in every cafe where fuit fhall or may be com-
menced for the recovery of any fine or forfeiture impofed by this act, it fhall be the wvered,
duty of the fheriff to hold the party complained of as aforefaid to bail for his ap-
pearance to the next court to which fuch writ is returnable.
4. And be it further enacted, That this act fhall not take effect until the firft day ofAa,whent»
June next.
THOMAS STEVENS, Speaker of the Houfe of Reprefentatives,
BENJAMIN TALIAFERRO, Prefident of the Senate,
Concurred February 21, 1796.
JARED IRWIN, Governor.
3^4 PRIVATE ACTS.
An ordinance for vejting in Chrijliana Yonge, the widow of Henry Yonge, fen. and
his Lioo daughters, Ann Agnefs Yonge and Elizabeth Yonge, certain property therein
mentioned.
christuna i . ~\\ T HERE A S by a refolve of the legiflature of the ninth of November,
vV one thouland feven hundred and feventy-eight, a certain tract of
land on the ifland of Skidaway in the county or Chatham, on which the (aid
Chriftiana Yonge and the faid Ann Agnefs, and Elizabeth Yonge then refided, be-
ing the property of Henry Yonge, fen. who had left the Hate under the teft aft, to*
gether with the perfonal eft ate of the faid Henry Yonge, were gratuitously beftowed,
or granted by the faid legiflature to her the faid Chriftiana Yonge, and the faid Ann
Agnefs and Elizabeth Yonge, under the provifo, u That there be a fufficiency left to
pay his debts."
Be it therefore ordained by the freemen of the fate of Georgia in General AJftmbly
met, and by the authority of the fame, That the faid donation or grant of the faid tract
of land upon the ifland of Skidaway, together with the perfonal property of the laid
Henry Yonge, fen. now deceafed, be, and the fame is hereby confirmed unto her
the faid Chriftiana Yonge, and the faid Ann Agnefs and Elizabeth Yonge, as ten-
ants in common in the full extent and meaning of the faid refolve of the legiflature,
of the ninth of November, one thoufand feven hundred and feventy-eight, but fub-
jett nevertheless to the provifo in the faid refolve herein before recited.
By order of the Houfe.
WILLIAM GIBBONS, Speaker.
Augufta} February 13, 1786.
Mrs.ArmBnrd.
Aii ordinance to vef certain property in Mrs, Ann Bard.
HEREAS by a former refolution of die Houfe of Affembly certain lots in
and near Savannah were confirmed to Peter Bard, efq. deceafed, as having
been given to Mrs. Ann Bard by her father John Joachim Zubly, deceafed. And
whereas doubts have arifen as to the effect of refolutions of the General Affembly,
Be it ordained by the reprefentatives of the freemen of the fate of Georgia in General Af-
fembly met, and by the. authority of the fame, That three fifty acre lots near Oats's, one
lot and the appurtenances in Yamacraw, and one lot near the market in Savannah,
formerly in thepoffeffion of the faid Peter Bard, deceafed, be and the fame is hereby
veiled in the faid Mrs. Ann Bard, her heirs and affigns forever, as fully and com-
pletely, as though the faid lots had been conveyed to her in fee fimple, by conveyan-
ces lawfully executed by the faid John Joachim Zubly, deceafed, at the time of his
having given her poffeiiion of the fame.
« By order of the Houfe.
WILLIAM GIBBONS, Speaker,
Augufta, 30th January, 1786.
PiUVATfi ACf 1 %*i
Andettoveji certain powers in George Abbot Ball, and for other pur pffes therein,
mentioned.
WHEREAS George Abbot Hall, of the (late of South-Carolina, efq. hat& Oe0rgeAWrtfc
fet forth to the legiilature of this Rate, that Alexander Inglis and Nathaniel "'"•
Hall, two perfons named in the act of confifcation and banifliment, alfo John In-
glis and Samuel Hunt Jenkins, two perfons comprehended in the faid aft, and co-
partners of the late houfe of Inglis, Jenkins and Gibbons, are indebted to him very con-
liderably, and praying an ad of this Houfe to enable him to recover from the cred-
itors of the faid co-partnerihip, certain fums of money, to enable him to recover from
the creditors of the faid co-partner fhip, certain fums of money, to enable him to pay
the faid debts, which this legiilature have thought proper to grant, by their refolution
of the twenty-fixth day of January laft, Be it therefore enacted by the reprefentalives
of the freemen of the fate of Georgia in General AJfembly met, and by the authority of the
fame, That it dial! and may be lawful for the faid George Abbot Hall to receive an
alignment of ail or any part of the books, bonds, notes, or papers of the faid Alex-
ander Inglis and Nathaniel Hall, or all, or any part of the books, bonds, notes, or
papers of the co-partnerihip of Inglis*, Jenkins and Gibbons, as he the faid George
Abbot Hall and William Gibbons the remaining co-partner of the faid houfe of In-^
gles, Jenkins and Gibbons, (hall agree on, and that the faid George Abbot Hal!, mail,
and he is hereby authorized to recover the debts in as full and ample a manner as the
faid perfons could do, if prefent, and not any way difqualified by law, any acl to the
contrary notwithstanding. ,
By order of the Houfe.
WILLIAM GIBBONS, Speaker.
Aagufta, February io, 1789.
An aB for the relief of John Ferrie and other perfons therein defer -ibed.
HERE AS Nathaniel Afhley late fheriff and collector of taxes for the county j0hnTeWi.
of Camden within this ftate, did proceed illegally and unjuflly to make fale
of fix thoufand acres of land, adjoining Buttermilk Bluff on the river St. Mary's;
alfo a tract called Black Point on Crooked River, containing (even thoufand and
forty acres, likewife another tratt, adjoining the laft of eighteen hundred and eighty-
eight acres, the property of John Ferrie, which lands were illegally and unjuflly fold,
by the faid Nathaniel Afhley, on the twenty-ninth day of December, one thoufand feven
hundred and eighty-feven, faid to be for payment of public taxes; and notwithftand-
ing the fheriffas well as the other inhabitants of Camden county, had prior to that
time, been obliged to abandon their habitations, and remove to Cumberland liland
for jrefuge from the ravages and depredations of the favages ; for remedy whereof :
Be it enacted by the reprefentatives of the freemen of the flate of Georgia in General Af~
fembly met, and by the authority of the fame, That the premifes herein before recited,
are hereby declared to be as amply and fully veiled in the faid John Ferrie, his heirs
sxecutors, adminiftrators and affigns, as if no fuch fale had been made by the faid
2&S PRIVATE ACTS.
Nathaniel A fh ley late fheriffof the county aforefaid, and that all fuch deeds, inftru-
ments of writing, conveyances or Tales as herein before recited, done, or made by the
laid Nathaniel Afhley to any perfon or perfons whatever are hereby declared null and
void, any aft to the contrary notwithftanding.
2. And belt enabled by the authority aforefaid, That all fuch fale, or faler*. as fhall
have been made by the faid Nathaniel Afhley, late fhenff, fince the inhabitants of the
county aforefaid have been obliged to abandon their habitations within the faid' coun-
ty, by means of the late ravages and depredations of the favages, during their latehof-
tilities, are alfo hereby declared null and void, any law to the contrary notwithfland-
ing.
3. And be it enabled by the authority aforefaid, That nothing herein contained fhall
extend to preclude any perfon or perfons from the eftablifhment and recovery of any
of the prcmifes before recited, or comprehended in this act, where claims by any
prior grants legally obtained fhall appear.
By order of the Houfe.
JOHN POWELL, Speaker.
February 3, 1789.
An act to authorize and empower George Bailie adminiflrator of the goods and chattels*
rights and credits which where of his father Robert Bailie, deceafed, to Jell and dif-
pofe of any lands or other real efiate of the deceafed.
««(*£e»art», i. TIC THERE AS the faid George Bailie adminiflrator and one of thefons of the faid
V V Robert Bailie, deceafed, together with Ann Bailie, Euphemia Bailie, Marge-
ry Bailie, John Bailie and James H. Bailie, by their petition have prayed the General
Affembly, that as well for the payment of the debts of the faid deceafed, as for other
good reafons flated in their petition, that the faid adminiflrator may be permitted to
fell any lands of the deceafed, and to perfeel titles of fales made by the deceafed, in
his life time, as alfo for the faid adminiflrator to confirm any contract he has made
with Alexander M'Queen for divers tracls of land, in pofleffion of the faid Alexan-
der M'Queen or to any other perfon or perfons: Be it therefore enabled by the Senate
and Houfe of Reprefentatives of the fate of Georgia in General Affembly met, That
it mail and may be lawful for the faid George Bailie adminiflrator of the efiate and
effefts of the deceafed Robert Bailie, to fell any tracl or traces of land, or other
real efiate of the faid Robert Bailie, deceafed, either at public or private fale, and
good and fufficient titles in the law, to make to the purchafer or purchafers thereof,
his, her or their heirs and affigns forever.
2. And be it further enabled by the authority aforefaid, That it mall and may be.
lawful for the aforefaid George Bailie, as adminiflrator aforefaid, by good and fufficient
*!eeds in the law to perfeel any contracl, bargain or fale of any lands or hereditaments,
made by the faid P.obert Bailie in his life time, or by the faid George Bailie admin-
iflrator as aforefaid, to the faid Alexander M'Queen, his heirs and afligns, or to
any other perfon or perfons, his, her or their heirs and affigns, according to the. na-
ture of the contract between the parties.
PRIVATE ACTS. g$7
3. And to the end that the creditors, and the heirs and reprefentatives of the faid
Robert Bailie, deceafed,may be fecured in the purchafe money arifing from the fales
of his land, to be made or already made, and apprized of the tranfattions of the
faid adminiitrator : Be it enabled by the authority afore/aid, That before any deeds
to be executed for the conveyance of fuch lands, (hall be effective and good in law*
it mall be the duty of the faid George Bailie, and he is hereby required to record a
copy of all contracts, bonds, agreements or other documents, on which the contract
is founded, in the office of the clerk of the county where he refides, of the land is fitu-
ate, and on a certificate thereof being granted to the faid George Bailie, and a copy-
thereof annexed to fuch deed oT conveyance, then fuch deed fhail be, and is hereoy
deemed and declared to be valid in law, and not otherwife.
JOSEPH HABERSHAM, Speaker of the Houfe of Reprefentatives.
NATHAN BROWNSON, Prefidint of the Senate,
Concurred December 10, 1790.
EDWARD TELFAIR, Governor,
An ab~l for the relief of colonel Peter Purkins.
HERE AS it hath appeared to the legiflature that colonel Peter Purkins did, on Peter!,wlkftWv
the firft day of Auguft, one thoufand feven hundred and feventy-feven, ad-
vance to John and Thomas Dooly, for the ufe of the troops in the fervice of this
flate, the fum of four hundred and forty-four pounds, for which he has not received
fatisfaclion :
1. Be it therefore enabled by the Senate and Houfe of Reprefentatives of the flate of
Georgia in General Affcmbly met, and by the authority of the fame , That the auditor
be directed to iffue his certificate to the aforefaid colonel Peter Purkins, for the value
of the aforefaid fum of four hundred and forty-four pounds, reducing the fame ac-
cording to the face thereof, agreeably to the fcale of depreciation, and that fuch cer-
tificate fhall exprefs, that it is given for and in lieu of a certificate formerly granted to
him by Wade and O 'Bryan, treafurers of this ftate, for the fum of four hundred
and forty-four pounds, on account of fupplies furnifhed in the profecution of the
late war, and the defence of the United States, which faid certificate of Wade and
O'Bryan fhall be depofited by the auditor in the office of the treafurer.
2. And be it further enabled, That the auditor be, and he is hereby directed to
iffue his certificate in favor of John Thompfon, for the value of two thoufand three
hundred and fifty pounds, in lieu of two certificates iffued by O'Bryan and Wade,
dated the twenty-fifth day of September, one thoufand feven hundred and feventy-
eight, with the interefl as expreffed thereon, one of which was iffued to Francis
Coddington, for two thoufand pounds, and the other to James Hambleton, for three
hundred and fifty pounds, reducing the fame agreeably to the fcale of depreciation;
and that fuch certificate fhall exprefs that it is given for and in lieu of the aforefaid
certificates, which certificates of Wade and O'Bryan as aforefaM, fhall be depofited
by the faid auditor in the office of the treafurer.
3. And be it further enabled, That the auditor be, and he is hereby directed to iffue
his certificate in favor of the heirs of John Walton, for the value of a certificate of
1
M PRIVATE ACTS.
the aforefaid treafurers, dated the fifteenth day of February, owe thoufand fevea
hundred and feventy-eight, iffued in favor of the aforefaid John Walton, for
feven hundred and eighty pounds, five (hillings and threepence, with the intercft
as expreffed thereon, reducing the fame agreeably to the fcaie of depreciation, and
that fuch certificate ihali exprefs that it is given for and in lieu of the aforefaid certi-
ficate, which fhall be depoiited by the auditor in the office of the treafurer.
THOMAS NAPIER, Speaker of ike Iloufe of Reprefentatives,
BENJAMIN TALIAFERRO, Prefident of the Senate,
Concurred December i6, 1794.
GEORGE MATHEWS, Governor,
An aft to secure to Reuben Coleman a tract of conffcated land, lying on Little River*
Bte^en Mao, i. T 7t 7HEREAS the faid Reuben Coleman did, as early as the year one thoufand
\ V feven hundred and eighty-five, purchafe of the commifhoners appointed
to difpofe of the confifcated property within this ftate, a certain tra£t of land lying
on Little River, in the then county of Richmond, fold as the property of James
Grierfon, containing the quantity of feven hundred and fifty acres, and hath fince
taken up his bond and mortgage, and duly paid for the faid lands; and the fame ha-
ving been fo expreffed by a joint refutation of the legiflature at their la ft fefhon : Be
it therefore enabled by the Senate and Houje of Reprefentatives of the fate of Georgia'
in General AJfembly met, and by the authority of the Jame, That the laid tract of feven
hundred and fifty acres of land, lying on Little River as aforefaid, butting and boun-
ding in the following manner, viz. foutheaftwardly by Jofhua Sanders' land, fouth-
wardly by William Lee's and Sherrafs land, eaftwardly by land formerly the proper-
ty of the faid James Grierfon, lately fold to Jofeph Ray, and northwardly by Lit-
tle River, be, and the fame h hereby veiled in the faid Reuben Coleman, his heirs
ar»d affigns, forever, in fee fimple: And it is hereby declared to be the duty of the
eommiffioners appointed for the difpofal of reverted property, to make and execute
proper titles, and convey the faid land and premifes unto the faid Reuben Coleman.,
feis heirs and afiigns, as aforefaid.
THOMAS NAPIER, Speaker of the Houfe of Reprefentatives,.
BENJAMIN TALIAFERRO, Prefident of the Senate,
GEORGE MATHEWS, Governor..
Concurred January %3 *295'
An &t~i to relieve the heirs of Francis Maria Leys Dumoufay De la Vave, the heirs *f
Hyacinth De Chapadelane, and Glirifopher Poulain Dubignon,
1. W 7HERE AS it hath been reprefented to the General Affembly, That Nicholas
V V Francis Mazon De la Ville Houchet, a Frenchman, Jate of the county of
Glynn in this ftate, purchafed at tax collector s fale the iiiaud of jekyl on the fea coaftj,
in the county and ftate aforefaid, that he afterwards fold and conveyed the one fourth.
PRIVATE ACTS, $«9
part of the faid ifland to Francis Maria Loys Dumou fay Dc la Vave, one fourth
part to Hyacinth De Chapadeiane, and one other fourth pari to Chriftopher Poulain
Dubignon, in fee fimple; referving the remainder to himfelf; that the deeds of con-
veyance for the faid property, were lent in a vefiel to France, for the purpofe of ob-
taining a renunciation of dower from the wife of the faid Ville.Houchet ; that the faid
vefiel being chafed by an enemy, the deeds before mentioned, with the other papers
of the ihip were thrown overboard and entirely loft, and that there is no method pre-
ferred in the laws of this (late whereby the faid deeds may be ftablifhed. Be it there-
fore enabled by the Senate and Houfs of 'Representatives oj the Ji ate of Georgia in General
Ajfcmbly met, That it (hall and may be lawful for the Superior court of the laid county of
Glynn, at the fecond term of the faid court, or at anytermthereafter,aftertbepafnngof
this act, to fummon, hear, and examine all witneffes at the in fiance of either or any of the
partie.Sjtouching and concerning the premifes, and to take their depoiitions in writing, and
to certify the fame under the hand of the judge prehding. Provided, That the party
applicant {ball publilh in the Georgia gazette the intended application to the fuperior
court, under and by virtue of this act, at leaft three months before fuch examination
mail take place: And provided, all examinations of witneffes, in relation to the
deeds before recited, (hall be taken in open court, in prefence of the grand jury of
the county, and be alfo certified under the hand of the foreman thereof; and if the
teftimony adduced (hall appear to the court and to the grand jury unequivocal
and fatisfaciory, that fuch deeds di'd exift, and loft in manner herein before recited^
then the judge (hall dire£i the clerk, by order under his hand, to record the depo-
fitions, fo taken and certified as afore faid, in his office ; which depoiitions, fp
recorded, Shall and may be given in evidence, in any court of law or equity, andlhall
avail for the benefit of the perfons herein before recited, or their heirs, or affigns, or
of all perfons claiming under them, as much as the fame can or ought to avail : And
it fhall be lawful for the clerk of faid court to record the copies of the faid deeds, if
they fhould be produced, and proved to be true copies, before the faid court and grand
jury, in manner aforefaid ; Provided, That nothing in this act contained (hall be
conftrued to extend to affett any right the ftate may have to any part, or the whole
of the property in the faid deeds, or this law mentioned, or the right of any other per-
fon? or perfons whatsoever.
THOMAS STEVENS, Speaker of the Houfe of Rcprefentatives,*
BENJAMIN TALIAFERRO, Prefident of the Senate.
Concurred February 19, 1796.
JARE.D IRWIN, Governor.
Ml aB to authorize the commifjioners of Louifville to convey to John Cohbs and affigns
fix Iocs of land within the limits of the j aid town.
a. \ 71 J" HERE AS it appears by a joint refolution of the General AfTembly of this J°teCoL!
\ ▼ itate pafled at Louifville on the Seventeenth day of February in the year
feventce a hundred and ninety-nx, that there was a miftake made in the return of iix
lots, (oia by the iaie commilhoners to colonel John Cobbs, amounting to thirty-
four pounds, which fum was paid by work done on the ftate-houle, for which Wil-
liam Clarke is credited; Be it tkerejore enacted by the Senate and liovfe of ' Reprejtm
390 PRIVATE ACTS.
fives of the fate of Georgia in General AJfembly met, and by the authority of the fame^
That the commiffioners of the faid town of Louifville or a majority of them be, and
they are hereby authorized and required to convey, by lawful deed of conveyance, to
the faid John Cobbs or his affigns, fix other lots in the town of Louifville, in lieu of
the fix lots for which he hath paid the fum of thirty-four pounds fterling.
DAVID MERIWETHER, Speaker of the Houfe of Reprejentalives.
DAVID EMANUEL, Prcfdent of the Senate.
Concurred, February 9, 1796.
JARED IRWIN, Governor,
An at! for the better fecur nig to Alexander Cafwell a certain trail of land, pur chafed
at the fates of corf if c ate d property.
Akxandercas-"'!^?"^^^"^^ William Barron, on the fixth day of November, one thoufand
■wen. V v feven hundred and ninety-three, purchafed of the commiffioners of conflf-
cated property, a certain tracl: of Jand, containing one hundred and fifty acres, in
the county of Burke, bounded by Reedy Branch, James Thompfon, Elijah Brown
and John Gilmore's land; which faid tracl of land was fold as the property of Tho-
mas Beaty: And whereas the faid William Barron, on the twenty-feventh day of
January, one thoufand {'even hundred and ninety-four, did transfer his right to the
laid tracl of land to the faid Alexander Cafwell, and draw an order in favor of the
faid Alexander Cafwell, on the commiffioners of confifcated property, requiring them
to convey the faid tracl: of land to the faid Alexander Cafwell: And whereas, alfo, it
appears that the faid Alexander Cafwell has paid and difcharged the whole of the
purchafe money for the faid land, and received a deed, executed by one of the com-
miffioners, to wit, Hugh Lawfon, in confequence of which the faid deed is not fuf-
ficiently valid, not having been figned by all or a majority of the commiflioners:
Me it therefore enabled by the Senate and Houfe of Reprejentatives of the fate of Georgia
in General Affembly met, That the faid deed, ligned by the faid Hugh Lawfon, one
of the commiffioners aforefaid, be, and it is hereby declared to all intents and purpo-
fes, as valid in law and equity, as if the fame had been executed by the whole of the
commiffioners of confifcated property.
DAVID MERIWETHER, Speaker of the Houfe of Reprejentatives,
DAVID EMANUEL, Prefdent of the Senate.
AfTented to February 1, 1798.
JAMES JACKSON, Governor.
An aB for the relief of Bazil Lamar.
Baail Lanu
"•' T Ji 7HEREAS in and by an act, entitled " An a£l to repeal an act for keeping
V V open Little River anrd Broad River, fo far as refpecls Jofeph Ray, Bazil
Lamar, and the heirs of Williamfon, upon certain conditions," palled at Louifville,
on the fecond day of February, one thoufand feven hundred and ninety-eight, the
PROTESTANTS, DISSENTING. 391
faid Bazil Lamar was allowed the term of two years from the date thereof, to creCt
and build a merchant mill acrofs Little River, at the place called Lamar's mill, which
he had in a great degree performed, when unfortunately his works were confumed
by fire, to the great injury of the owner: Be it therefore enacted, That the further
time of five years from and after the date thereof, be and is hereby allowed the faid
Bazil, to erect, and build fuch merchantable mill at the place aforefaid, of the defcrip-
tion mentioned in the aforefaid a6t, any thing therein contained to the contrary not-
withstanding.
DAVID MERIWETHER, Speaker of the Houfi of Reprefentadves,
DAVID EMANUEL, Prefdent of the Senate,
Affented to December 6, 1799.
JAMES JACKSON, Governor.
PROTESTANTS, DISSENTING.
An atlfor the eafe of diffenting protejlants within this province who may be fcrupuhus of
taking an oath in refpefl to the manner and form of adminiflermg the fame.
l. T 71 7HEREAS many inconviences may arife in this province through the fcru- Prwmbfe,
V V pies of divers proteftant diffenters, within the fame of good eftates and abili-
ties who refufe to take an oath by laying their hand on the holy evangelift, whereby
the public is deprived of their fervices as jurymen. And whereas, acls of toleration
and indulgence to proteftant diiTenters have been found of beneficial tendency to oth-
er his majefty's provinces, and may in a particular manner be fo to this infant pro-
vince, in order that fuch difTenting proteftants may be enabled and compellable to ierve
on all juries, and to give evidence in all cafes, and that the afcls of fuch proteftant dif-
A solemn affirm
fenters may be valid and effectual in refpeft of the manner and form of taking and nation valid »
a.i oath and
adminiftenriff oaths. Be it enacted, That immediately after paffing of this aft, am false affi™.
C ° r 1 n 11 • r 1 r • v 1 r tion punished**
perlon or persons who inall appear m any or the courts or judicature, or beiore any perjury.
judge, or magistrate in this province, either as juror, witnefs, party or otherwife, in
any caufe civil or criminal, and mall make and difiinclly repeat a folemn and con-
fcientious declaration and affirmation according to the form of his profeffion in any
matter, caufe or thing, wherein an oath is required by law, in the following words: " I,
A. B. do fwear in the prefence of Almighty God, as I fhall anfwer at the great and
awful day of judgment that, (as the cafe may be.) So help me God." And fuch folemn
and confcientious declaration and affirmation fhall be deemed, held, adjudged and ta-
ken to be valid and effectual to all intents constructions, and purpofes whatfoever, in the
fame manner as if fuch perfon had taken an oath on the holy evangelift of Almighty
God. And that all and every fuch perfon and pe.rforis, as fhall be convicted of falfe-
ly and corruptly affirming and declaring any matter or thing which (if the fame had
been an oath taken on the holy evangelifts) would by law amount to wilful and cor-
rupt perjury, fhall incur the fame penalties, difabilities, and forfeitures as perfons con-
victed of wilful perjury do incur by the laws of Great-Britain.
WILLIAM LITTLE, Speaker,
In Council Chamber, December 13, 1756,
Affented to*
J. REYNOLDS.
39*
Preamble.
Trustees fimb-
riated far Qua-
kers.
B*o be elifted
ciu the first
Monday in May
every second
year.
Authorized to
sell a tract uf
land for their
^ie.
?*Gorvwated
QUAKERS.
An a& to authorize certain perfons therein mentioned to fell or oiherzuife difpofe of cer-
tain land appertaining to the people called Quakers.
HEREAS there was, on the third day of July, which was in the year one
thou fan d feven hundred and feventy, a certain tracl: of land, containing five
hundred acres, lying and being in the then parifh of St. Paul, now Columbia coun-
ty, granted to Jofeph Maddock and Jonathan Sill, in tiult for the ufe and benefit of
the people called Quakers, for certain purpofes therein exprefied; and inafmuch as
it doth appear by the petition of the aforefaid people, that the aforefaid premifes
doth not anfwer the purpofes for which it was intended:
i. Be it therefore enacted by the Senate and Houfe of Reprefeniatives of the flats of
Georgia in General A fjembly met, and by authority^ of the fame, That Daniel Williams,
Canun Thomas, Joel Cloud and John Stubbs, be and they are hereby appointed
truftees in lieu of the aforefaid truftees, who fhall continue in office until the firfl;
Monday in May, one thou fa nd eight hundred and one; at which time the aforefaid
people who are qualified to vote for members of the legiflature, fhall afiemble at the
town of Wrightfborough, and eleel;, at every fubfequent term of two years thereaf-
ter, five fit and difcreet perfons of their own body as truftees, who mall continue in
office for the term of two years.
2. And be it further enabled, That the aforefaid truftees, or their fucceffors in of-
fice, (hall fell or otherwifedifpofe of the aforefaid tract of land, in fuch manner and
form as they may deem moll beneficial, for the ufe and benefit of the aforefaid
people.
3. And be it further enabled, That it fhall and may be lawful for the aforefaid truf-
tees, or their fucceffors in office, to fue and be fued, plead or be impleaded, and per-
form any other legal matter or thing which may become neceffary to be done, in fup*
port of the common intereft of the aforefaid people, in the faid premifes.
DAVID MERIWETHER, Speaker of the Houfe of Reprefeniatives,
DAVID EMANUEL, President of the Senate*
AfTented to December 6, 1799.
JAMES JACKSON, Governor.
QUARANTINE.
Anablto oblige veffels and perfons coming from places infetled with epidemical aiflcni-
pers, to perform quarantine, and to prevent the bringing in andfpreading malignant
and contagious dif orders in this flatd
1. \ li THEREAS it is highly neceflary to preferve the health of the inhabitants of
V V this ftate,that veffels, perfons or merchandize, coming from places infecled
with malignant or epidemical diftempers, fhould perform quarantine, and means adop-
ted to prevent the Spreading 'of fuch diforders: Be it therefore enabled by the Senate
and Houfe of Reprefeniatives in General Affembly met, and by the authority of the
fame, That when any country fhall be infected with the plague or other malignant
^Iw^&roeu. difteinper, all veffels, boats, perfons and goods, fhall be fubject to and be liable to
perform quarantine, as is in this afct directed; and during fuch quarantine, no perfon
***irr»Me.
Quarantine,
tvhen and hnw
fcr perfons doming, or goods imported in any fuch fhip, veffel Or bdat, mall cofn<S
on (hore, or go on board any other {hip, or veffel, or boat, or be landed or put into
any other fhip, or veffel or boat, in any place within this (late, other than fuch place
as fhall be appointed for that purpofe; nor fhall any perfon go on board any fucli
fhip, or veffel, or boat, without licenfe firff had and obtained, in writing, under the
hand of fuch perfon or perfons who fhall be appointed to fee quarantine performed;
and the faid fhips, or veffels, or boats, and the perfons and goods coming and import-
ed in or going on board the fame during the time of quarantine, and all fhips, veffels,
boats and perfons, receiving any perfon or goods under quarantine, fhall be fubjecl
to fuch orders* rules and directions, touching quarantine, as fhall be made by the
authority directing the fame.
2. And be it further knaBed by the authority aforefaid, That if any commander, or ^jp^ojwnot
mafter, or other perfon taking the charge of any fhip, or veffel, or boat, coming from ^aio^e,
any place infe£ted as aforefaid, fhall go himfelf, or permit or fuffer any feaman or pai- i£rwteaU™*es-
fenger to go on fhore, or on board any fhip, or veffel, or boat whatfoever, during theted'
quarantine, or until fuch fhip, or veffel, or boat, fhall be difcharged from quarantine,
without fuch licenfe as aforefaid, then, and in all fuch cafes, the perfon offending fhall
forfeit and pay for every fuch offence, the fum of one hundred pounds fterling, to
be recovered by a£Hon of debt, bill, plaint or information, in any of the courts of
this flate, and to be for the purpofe of building of a peft-houfe; and the judges of
any of the faid courts are hereby empowered to allow fuch reward to the informer or
informers (if any there fhall be) out of the faid fine, as in their judgment they fhall
fee fit, fo as the fame fhall not exceed a moiety of the fine levied: And if any per-
fon or perfons whatfoever, who fhall arrive in any port or place within this ftate, in
any fhip, or veffel, or boat, which fhall j by reafon of his coming from any country
or place infe&ed with any contagious diftemper, be obliged to keep quarantine, fhall
quit fuch fhip, or veffel, or boat, by coming on fhore, or going on board any other
fhip, or veffel, or boat, before or while under quarantine, it fhall and may be lawful
for the perfon or perfons appointed to fee fuch quarantine duly performed, and they
are hereby required to compel fuch perfon or perfons to return on board of fuch
fhip, or veffel, or boat, and there to remain during the time of quarantine; and fuch
perfon or perfons fo leaving fuch fhip, or veffel, or boat, and being thereof, after the
expiration of his quarantine!, convicted by one or more credible witnefs or witneffes,
before any onejufticeof the peace, living near the place where the offence fhall be
committed, and three freeholders, fwornto try the truth of the faid charge, fhall for-
feit and pay into the hands of the faid juttice the fum of fifty pounds fterling, one
third thereof fhall be for the informer; and the remainder, after the neceffary ex^-
pences are difcharged, fhall be applied as herein before provided; and in default of
iuch payment, it (hall be lawful for the faid juftice to commit fuch offender to one of
the public jails of this ftate, for any time not exceeding twelve months, nor lefs than
fix months.
3. And be it further enabled by the authority aforefaid) That if any per fori or per- ^b^dS^
fons whatfoever fhall prefume to go on board and return from fuch fhip, or veffel, ^^^f1
or boat, required to perform quarantine, before or during the time of quarantine,
without a licenfe as aforefaid, every fuch offender fhall be compelled, and in cafe of
refiflance, by force and violence be compelled by the perfon or perfons appointed as
aforefaid, to return on board fuch fhip, or veffel, or boat, and there to remain during
the time of her quarantine, and fhall afterwards be liable to a fine or imprifonmenU
g D
394 QUARANTINE.
as herein before directed, in cafe of perfons quitting a (hip, or vefTel, or boat per-
fonning quarantine, and to be difpofed of as in that cafe provided; anH the mailer
of fuch fhip, or veffel, or boat, is hereby obliged to receive and maintain fuch per-
son on board accordingly,
fowersoftiw 4. And he it further enacted by the authority aforefaid, That it mail and may be
*»*>. lawful for any officer of the cuitoms,*or fuch as ihail be appointed to take care that
fuch quarantine be duly performed, to feize any boat or fkiff belonging to fuch fhip
or veffel, or which ihail therewith be found, and to detain the fame until the quaran-
tine fh all be performed; and in cafe any officer or other perfon infirutied as aforcfaid
ihail voluntarily fuffer any feaman belonging to fuch fhip, or veffel, or boat, or any
paffenger therein, to quit fuch fhip, or veffel, or boat, while under quarantine, every
fuch offender (hall forfeit and pay the fum of one hundred pounds fterling for every
fuch offence, ore third thereof to the informer, ;and the remaining part thereof to be
applied as herein before directed, to be recovered in any of the courts of this {late,
with cofts of fuit.
to be ieiseved 5- And ke it further enacted by the authority aforefaid, 1 hat after the quarantine fhall
i£matce.per" have been duly performed according to the directions of this acl, and upon proof to be
made by oath of the mailer or other perfon having charge of the faid fhip, or veffel,
or boat, and two of the perfons belonging to the faid fhip, or veffel, or boat, before
any one of the ju ft ices of the peace of this ftate, that fuch fhip, or veffel, or boat,
and all and every perfon therein have duly performed the quarantine as aforefaid, and
that the fhip, or veffel, or boat, and all the perfons on board, are free from an infec-
tious diftemper ; then, in fuch cafe, fuch juftice is hereby required to give a certificate
(gratis) thereof, and thereupon fuch fhip, or veffel, or boat, and all and every perfon
therein, fhall not be liable to any further reftraint, by reafon of any matter or thing
contained in this a£l.
eoods brought 6. Provided neverthelefs and be it further enacted, That the goods imported in fuch
10 be aired. ' fhips, or veffels, or boats, fhall, after fuch quarantine performed, be opened and air-
ed, in fuch place and for fuch time as fhall be directed concerning the fame,
preventing the 7. And be it further enacted by the authority aforefaid, That whenever the govern-
fo'nwgTolfdia- or or commander inchiefforthetime being fhall find it neceffary to give any orders or
directions for preventing any contagious diflempers being brought into this flate, or
from any port of this ftate infecled therewith, into any uninfected part of this ftate,
by perfons travelling by land or by water, it fhall and may be lawful for the faid go-
vernor or commander in chief, by proclamation for that purpofe to be ifiued, to pro-
hibit all and every perfon or perfons coming from fuch infecled places, to enter into
or come within fuch bounds, limits or lines as fhall be in fuch proclamation defcribed,
for and during fuch time as fhall be therein mentioned, and to appoint boats and fen-
tinels to put the fame in due execution; and the perfons appointed, and every of them,
ihail have the famepowerto compel any perfons attempting to pafs through or within
fuch bounds, limits or lines, as is by this a£l given to the perfons to be appointed for
feeing quarantine duly performed, and fhall be liable to the fame penalties for buffer-
ing perfons wilfully to pafs through or within the fame; and all and every perfon or
perfons wilfully pairing through or within the faid bounds, limits of lines, fhall be lia-
ble to the fine or imprifonment herein before directed in cafe of any perfon's quitting
any fhip, veffel or boat performing quarantine, and to be difpofed of as in that cafe
provided.
'ufr^Mo'the" 8. And be it further enabled by the authority aforefaid, That from and after the paf-
■Yofdiip? £ng of tilts' aBj the pilot or pilots, belonging to the feveral ports of this ftate3 dg be-
keakh c
■•AW*
QUARANTINE. g$j
fore his or their entering on board any fhip or veflel, defigned for this ftate, make
flricl enquiry of every mailer or commander of the fame, whether the plague, fmall*
pox, malignant fever," or any other contagious diftemper, be in fuch fhips or veffels;
and every fuch mafter or commander is hereby flriclly enjoined without equivocation
or referve, to give juft and true anfwers to ail fuch enquiries of the fair! pilot or pilots,
under the penalties hereafter mentioned and exprefled, and in cafe the faid pilot or
pilots fhall, upon enquiry as aforefaid, find that the plague, fmallpox, malignant fe-
ver, or any other contagious diftemper, be in fuch fliip or veflel, fuch pilot or pi-
lots, are hereby ftriclly forbidden and prohibited from entering therein, on any pre-
tence whatever. And if the mailer or commander of any fliip or veflel, or any doc-
tor, officer or foremaftman belonging thereto, fhall refine to anfwer or give any un-
true anfwer to any pilot or pilots relating to healthinefs of ail perfons on board the faid
fhip or veflel, or fhall refufe to be fworn or affirm to, or anfwer fuch queftions as
may be put to him by the health officer, or other perfon having authority fo to do,
fuch mailer or commander, or fuch doftor, officer or foremaftman, fhall forfeit andB „ „
' " ' Pea illy for ra-
pay the fum of one hundred pounds fterling, to be recovered and applied as herein f™e"f;tn°„*n*
before mentioned.
9. And be it further enacted, That the quarantine of any perfon or veffels, or of sa^SSKS
their goods, mall be of fuch duration, and in fuch places and under fuch regulations as p1I"eaand c
fhall be deviled and held expedient, fo far as refpecls I he arrival of veffels or perfons rlmineVty"
in Tybee or Waffaw inlets, and rivers thereof, under the -infpeclion of the corpora- ^vi^ds-,
tion of Savannah : and fo far as refpecls other inlets or rivers in this ftate, under theot¥.r£er«
_„.,.. r _ ' % and inlets.
mfpe&ion of tne jufticesof the county or commiflioners of the town adjacent to fuch
inlet or river, or commiflioners of pilotage of fuch port as the cafe may happen ; and
fuch corporation, juflices or commiflioners are hereby fully authorized to fix fuch fen-
tinels, guard boats and to ufe all and every means in their power to enforce this law
for the purpofes intended.
io. And be it further enacted. That on the notification of fuch corporation jufticesThegsvemar
1 1 - i r -i ■ 1 i r 1 1 ■ r> • rs 1 i- shall enforce
or others herein empowered, after notifying; to the people of the diftnct they live in, the««ne by ,
~f\U rr. r j • • J 1 r 1 r 1 -i r ■ 1 proclamation
Gitne neceiiity of ordering quarantine to be performed, forthwith to tranlmit by ex-
prefs, or poll an exacl account and ftatement thereof to the governor and commander
in chief for the time being, who is directed to publifh the fame by proclamation, en-
joining and requiring a due obedience to the rules adopted for the preventing con-
tagious diftempers being fpread in this ftate, and a due onedienceof the duties requir-
ed of fuch regulations accordingly.
11. And be it further enabled, That the health-officer for the port of Savannah, and j^°/Xcr.
the vifiting phyficians of any other port, that fhall vifitany veflel or veffels, and grant
a certificate of the health of the crew and paflengers on board, or vifit the fame, if
directed fo to do, under this law, fhall be entitled to have and receive the following
fees from the captain or owner of fuch veflel, before fuch veflel fhall be permitted to
enter: For every fliip, fnow, brig or belander, two dollars; for every fchooner,
floop, perriager or boat one dollar; coafting veffels coming from one inlet in the
ftate to another inlet in the fame excepted.
12.* And be it further enabled, That from and after the pafling of this afcl, every Ke«oe«imp«»
„n 1 r n . it 1 ' 1 ' n nil. ■ • '1 • n • 1 ted, how to tie
matter or commander of any fhip or veflel, who fhall arrive in this ftate with any ne- landed.
groes on board, exceeding ten in number, from Africa or elfewhere, fnall before fliip
©r veflel be permitted, upon any pretence whatever to enter, be obliged to land and
* See a£l of 1 798, prohibiting the importation of flave--&?
1
«
39s RELIGIOUS SOCIETIES.
put on fhore all fuch negroes, there to remain for and during the term often days, and
(hall fuffer them to be and remain o-n fhore at lead fix hours, in fummer, and five
hours in winter in each of the faid ten days, at the parties own election, for the better
purifying and clearing the faid ill ip or veffel, and (laves, from any malignant or con*
tagious diltemper, any law, cuftom to the contrary notwithstanding.
J°0ther°wfwted 13- And be it further enabled, That in cafe any negroes imported or brought in-
landed or *oid. to t^is (late, fhall be fold, landed or put on Ihore in any part of the ftate, before
fuch negroes fhall have been landed, and remained on fhore at lealt ten days or five
days or fix hours or five hours in thofe days agreeable to the direction of this aft, all
fuch negroes fhall, and they are hereby declared to be forfeited, one third to the infor-
mer or informers, and the remaining two thirds to the ufe of the peft-houfe.
Expencesunder 14. And it is hereby enabled, And an appropriation made of all monies that fhall be
pafdf ' ow expended by any of the powers or conflituted authorities, that fhall arife from enfor-
cing this a6t, and the fame fhall be defrayed by the government of this ftate; and
charged to the contingent fund thereof; all former laws refpetting performing quar-
Repeajinfc amine, and to prevent the fpreading contagious diltempers, fo far as relates thereto
are hereby repealed.
WILLIAM GIBBONS, Speaker of the Houfe of Reprefeniativei.
BENJAMIN TALIAFERRO, Prefident of the Senate,
Concurred December 17, 1793.
GEORGE MATHEWS, Governor.
One tliird to
the informer
thereltto the
state
clause.
RELIGIOUS SOCIETIES.
An aft to protect religious focieties in the exercife of their religious duties.
rersonsdisturb- * • TJ E IT ENACTED by the Senate and Houfe of Reprefcntatives oftheflate of Geor*
sembi'Sring -*-* giain General Affembly met, and 'by the authority ofthe^fame, That if any perfon
Subject foThn'e or perfons whornfoever, fhall interrupt or difturb any congregation of white perfons
^ik- commit-' a ffem bled at any church, chapel or meeting-houfe, or any other place for public wor-
isy».°Jil el fhip, during the time of divine fervice, it fhall be the duty of any juftice of the peace,
fheriff, conftable, or any civil officer of the county, being prefent, where the offence
fhall be committed, to take the perfon or perfons fo offending into cuflody; or on
complaint made by any perfon on oath, to lflue a warrant againft him or them fo of-
fending; and the faid juiiice is hereby empowered to impofe a fine on fuch offender
not exceeding five pounds, or on default of payment of the fame, to commit him or
them to the common jail of the county, or to the nearer! jail thereto, for a fpaceof
time not exceeding ten days; and if fuch offender be aflave, to order him or her to
bepunifhed by whipping on the bare back, not exceeding thirty-nine lafbes.
Th,es fcr t/,e 2. And be it further enabled, That it fhall be the duty of the fheriff and other of--
tpuor'ficers, who may collect the fines and forfeitures impofed by this act, to make a return
of the amount fo collected to the clerk of the inferior court, and to pay the fame in-
to the hands of the overfeers of the poor, for the fole purpofe of fupporting the
poor of the county wherein fuch offence fhall have been committed. And no coo-
REPRESENTATIVES,
397
gregation or company of negroes fhall, under pretence of divine worfhip, a fTemble Negroes to
C ° n . \ (x r 1 • l assemble con-
therafeives contrary to the act for regulating patrols. ,tra«;y tether*
WILLIAM GIBBONS, Speaker of the Houfe of Representatives. "^
BENJAMIN TALIAFERRO, Prefident of the Senate.
Concurred, December 13, 1792.
EDWARD TELFAIR, Governor.
REPRESENTATIVES.
An aB for apportioning reprefentatives among the fever al counties in this fate >, accord*
ingte the firft enumeration.
w
HEREAS the feventh fection of the firft article of the conftitution directs, preamw*.
11 That the Houfe of Reprefentatives fhall be compofed of
members, from all the counties, according to their refpeftive numbers of free white
perfons, and including three fifths of all the people of color," the actual enumera-
tion to be made within two years from the date of the faid conftitution; and each
enumeration having been made agreeably to the twenty-fifth feclion of the faid article,
and reported to the legiflature, in order therefore to apportion the reprefentatives of
each county refpectively to the faid enumeration or cenfus, Be it enabled by the Senate
and Houfe of Reprefentatives of the General Affemhly of the fiat e of Georgia, That
in future the reprefentation of the refpeftive counties fhall be appointed in the fol-
lowing manner, to wit : Camden, one, Glynn, one, M'lntofh, one, Liberty, two, apponfonedf5
Bryan, one, Chatham, three, Effingham one, Scriven, one, Burke, three, Bullock,
one, Montgomery, one, JerFerfon, two, Lincoln, two, Elbert, three, Jackfon, two,
Richmond, two, Wilkes, three, Columbia, three, Warren, two, Wafhington, three,
Hancock, three, Greene, two, Oglethorpe, three, and Franklin, two.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives,
ROBERT WALTON, Prefident of the Senate.
Affented to February 15, 1799.
JAMES JACKSON, Governor.
REVIVAL OF LAWS.
An aB to continue the fever al laws therein mentioned, and for vefting fever al ferries in
the perfons mentioned in an aft, entitled "An atlfor ejlablifhing fever al ferries in
this province in the perfons therein mentioned.'''
"X "X THERE AS feveral wholefome laws of this province are expiring, and it is expe-
V V dient that they fhould be further continued. Be it enacted, That an aft paf- An&a!oit1
fed the twenty-ninth day of February, one thoufand feven hundred and fixty-four, p^»4nt'^
c \ ■ i\ ri» / " vagabonds-pas-
lor the pumfhment of vagabonds ana other idle and dTorderiy perfons and for erecV^;^!'-^"
3g3 REVIVAL OF LAWS.
ing prifons or places of fecurity, in the feveral pariflies of this province, and for pre-
venting trefpafies on lands of the crown, or lands referved for the Indians, and for
the more effectual fuppreffing and punifhirTg perfons bartering with the Indians in
the woods, which was to continue and be in force for the term of two vears, and fur-
co^timiefhe0 ^ier continued by an acl paffed the twenty- fixth day of March, one thoufand (excn
?6th Ma?ciithe hundred and fixty-feven, and again continued by an acl paffed the tenth day of May,
»/rj7- one thoufand (even hundred and feventy, and to the end of the next felfion of the
General Aflembly. And alfo an a£t paffed the twenty-ninth day of Februarv, one
An aa to sup- thoufand feven hundred and fixty-four, to fupprefs lotteries, and prevent other ex-
^pjissedioH! ceffive and deceitful gaming, which was to continue and be in force for the fpace of
' feven years, and to the end of the next feffion of the General Aflembly. And alfo an
uonJuaof" additional act palled the twenty-fifth day of March, one thoufand feven hundred and
25th March fixty,.five, to an act entitled « An acl to fupprefs lotteries, and prevent other exceffive
and deceitful gaming, which was to continue and be in force for the fpace of fix
years, and to the end of the next feffion of the General Aflembly.
fedVaftof a!" And alfo an acl paffed the feventh day of April, one thoufand feven hundred and
vOTtt£t3ow££" ffxty-three, to prevent perfons throwing ballad or rubbim, or falling trees into the rivers
to riven!* &cm' ar*d navigable creeks within this province, and for keeping clear the channels of the
fame, which was to continue and be in force for the fpace of feven years, and to the
And an aa to a- end of the next feffion of the General Aflembly, and alfo an acl to amend the faid
sam?*a8 paffed the twenty-fifth day of March, one thoufand feven hundred and fixty-five,
and to the end of the next feffion of the General Aflembly.
Aisoanaapas- And alfo an act paffed the twenty-fifth dav of March, one thoufand feven hundred
sed nth of J . * J
march ,70-5 to and fixty-five, to prevent frauds and abates in the admeafuring and laving out his ma-
prevent .ibu-.cs * . * c o j <~j
iandyi"cs out Je^)'s lands in this province, which was to continue and be in force for the fpace of three
toifdrTue'thc0 years? and again continued by an a£t paffed the eleventh day of April, one thoufand
Funhercontm-^ven hundred and fixty-eight; and further continued by an acl paffed the tenth of
uU' May, one thoufand feven hundred and feventy, and to the end of the next feffion of
the General Aflembly.
aiso an aa .of And alfo an acl paffed the twentv-fifth day of March, one thoufand feven hundred
the ijth of " ■ i o • o
March .76510 and fixty-five, to amend an acl entitled " An acl to prevent private perfons from pur.-
amend an acl to J " _ .*.*.. . ~
purchasingh'ndchafing lands from the Indians and for preventing perfons trading v;ith them, without
of the Indians. ljcenfe9 which was to continue and be in force for three years and from thence to the
aanofn"tho| end of the then next feffion of the General Aflembly and no longer, and further con-
FErihu'enac- tinned the eleventh day of April, one thoufand feven hundred and fixty-eight, and
again continued by an acl paffed the tenth day of May, one thoufand feven hundred
and feventy, and to the end of the next feffion of the General Aflembly.
fedfthof1^ And alfo an acl palled the fixth day of March, one thoufand feven hundred and
punishingse^fixty-fix, for punifhing feamen and mariners negiecling or deferting their duty on
board their refpeclive fhips or veflels, and for preventing feamen or mariners from
being harbored or running in debt, which was to continue and be in force for and
aatfTofnaf during the term of three years, and further continued by an acl palled the tenth day
May 1770. op lyt a^ one thouTand feven hundred and feventy, and to the end of the next feffion
of the General Aflembly.
Jdz^hofFebl ^nd alfo an acl paffed the twenty -feventh day of February, one thoufand feven
SXpetfrte*0 hundred and feventy, for the better fecurity of the inhabitants, by obliging the male
^clrrvearas white perfons to carry fire-arms to ail places q^ public worfhip, which was to conti-
tc._pubuc.wor- nue anc} ^e in force |or and during tjje term of three years, and to the end of thene^t
feffion of the General Aflembly.
REVIVAL OF LAWS,
899
And alio an acl parted the fixth day of March, one thoufand feven hundred and An<aisoana&
fixtv-fix, to prevent frauds and deceits in felling beef, pork, pitch, tar, turpentine $jf tu^ttfis
and firewood, which was to continue and be in force for1 and during the terra of/raudsT&c in
three years, and further continued by an act palled the tenth day of May, one thou- pltcSf &l"
fand Seven hundred and feventy, and to the end of the next icilion of the General ^V'othtff
Affembly.
And alio an acl palTed the feventh day of April, one thoufand feven hundred and Als0anaapato
fixty-three, for regulating a workhoufe fqr the cuftody and punifhment of negroes f^l"; V^ ?„
and further continued by an a 61, entitled " An att to amend and continue an ad for ISm1* &cWOrE
regulating a workhoufe for the cuftody and punifhment of negroes, pa fled the twen- fStnd^**0
ty-fixth day of March, one'thoufand feven hundred and fixty-feven, for three years, same,npassel
and to the end of the next feflion of the General Affembly. 1767. a'cl
And alfo an acl paffed the eighteenth day of November, one thoufand feven hun- ., _ ,
1 O J ' Also sn act past
dred and fixty-five, for the eftablifhing and regulating patrols, and for preventing Nov^mben^ds
any perfon from purchafing provisions or any other commodities from, or felling t?eu,8&c'ep*"
fuch to any flave, unlefs fuch flave fhall produce a ticket from his or her owner,
manager or employer, which was to continue and be in force for and auring the term
of three years, and further continued the twenty-fourth day of December, one thou- Co„ttauedb„
fand kven hundred and fixty-eight, and again continued by an att paffed the tenth a^°/,7l3Saild
day of May, one thoufand feven hundred and feventy, and to the end of the next
feflion of the General Affembly.
And alfo an acl paffed the twenty-fourth day of December, one* thoufand feven Andanac1to
hundred and fixty-eight, to amend and continue an a6l for the eftabli filing and regu- ^uethesa™?]
lating patrols, and for preventing any perfon from purchafing provifions or any other Se/?76°.e"
commodities from, or felling fuch to any flave, unlefs fuch flave fhall produce a ticket
from his or her owner, npanager or employer, which was to continue and be in force
for and during the term of one year, and further continued by an acl pafied the tenth continued by
day of May, one thoufand feven hundred and feventy, and to the end of the nextadof >77°-
feffion of the General Affembly.
And alfo an acl: to direel executors and adininiftrators in the manner and method #«> an »a to
„ . . . direct execu-
ot returning inventories and accounts of their teftators' and inteftates' eitates, and torS,&c i^v
.0 ' to return lnvcn-
for allowing them and all other perfons who fhall or may be intrufled with the care s°dtheSthpof"
and management of minors and other eftates, to charge commiflions thereon paffed Fctel,liyi'^
the twenty-ninth day of February one thoufand feven hundred and iixty-four for
feven years, and to the end of the next lemon of the General Affembly.
And alfo an acl paffed the twenty-fourth of December one thoufand feven hundred Afld;,at0 pte.
and fixty-eight to prevent fraudulent mortgages and conveyances, and for making ^^"'Ic!
valid ail deeds and conveyances heretofore made with refpect to any defect in the Series.6"
form and manner of making thereof, with certain reftriclions, which was to conti-
nue and be in force for and during the term of three years; fhall feverally andrefpec- SnaIIbecl,nt!v,
lively continue and be in force for and during the term of one year from the patting ^X^
of this aft and from thence to the end of the next feflion of the General Affembly, ufUli8aa-
and no longer.*
2. And whereas by a certain acl paffed the eleventh day of April one thoufand 8e^ebr,fif^rig
feven hundred and fixty-eight entitled "An acl for eftablifhing feveral ferries in,pr°pertyve'steJ
... J . ° O in certain pcr-
this province, and for veiling the fame m the perfons therein named, the faid feve- sons-
ral ferries are veiled in the feveral perfons in the laid att named, for the term of five
years only, and whereas the property in the faid feveral ferriers in fuch ferries did
determine on the eleventh day of April laft ; Be it therefore enabled by the authority
400 REVIVAL OF LAWS.
contjituwUne aforefaid, That the feveral ferries in the faid aft mentioned (hall be refpe&ively vefted
in the feveral perfons in the faid a& named, for the fpace of one year from the paf-
fing of this act.
By order of the Commons Houfeof Affembly.
WILLIAM YOUNG, Speaker.
By order of the Upper Houfe of Affembly.
JAMES HABERSHAM, Prefident,
Council Chamber, September 29, 1773.
Afientedto. JAMES WRIGHT.
* In this aft were contained many a&s which are not now in force, being obfokte or repealed, all of
which are omitted as unneceflary.
freamble.
An ac~l to extend and enforce the authority of the feveral laws heretofore paffed in the
then province but now fate of Georgia, to, and throughout the territory thereof.
l. T 71 7HEREAS it has been deemed neceffary by the reprefentatives of the peo-
V V pie of the thirteen United Colonies of North America, in general congrefs
afTembled to declare the faid Colonies free and independent dates, and thereby have
diflblved all political connexion between them and the crown of Great-Britain. And
whereas it hath been recommended by the faid congrefs to adopt fuch government, as
might, in the opinion of the reprefentatives of the people of the faid dates, bed con-
duce to the fafety of their conftituents in particular, and America in general. And
xohereas in confequence thereof, the reprefentatives of the people of this date in con-
vention afTembled 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 conditution, for the
rule and government of the faid date and people thereof. And -whereas divers good
and wholefome laws, were heretofore made and paffed in this date (then province) and
to the end that difputes and difficulties may not arife touching the prefent validity of
the faid laws, fo made and palled as aforefaid, within the faid territory of Georgia.
Beit enacted by the reprefentatives of the freemen of this Jl ate in General Affembly met,
^rovindaiiaws, and by the authority of the fame, That from and after the paffing of this acl, all laws
inland, hereto- heretofore made in, (the then province) now date of Georgia, and have not been re-
not1 repugnant pealed, and all the laws of England, as well datute as common, relative to criminal
to the constitU" o ? . , 1
tionand form matters, and heretofore ufed and adopted in the courts of law in this date (then pro-
ci our t*ovcrn- ^ » , ,
^enetind^]jir-d vince of Georgia) except in cafes of treafon, ihall be of full force, virtue, and edeft,
force. to an intents and purpoles, as were heretofore ufed, and received^ as the law of this
land ; any law, ufage, cudom, article, matter, or thing at prefent adopted in a change
of government, to the contrary in any wife notwithdanding*, fo far as the fame do not
contradict, weaken, hurt, or interfere with the refolves and regulations of the honora-
ble the continental congrefs, or of any refolves and regulations of this, or any former
affembly, congrefs, or convention held in and for this date$ andin particular the con-
ditution of the fame, made and agreed to by the reprefentatives of the people in con-
vention affembled, and ordered to be the rule and government of this date, and the
fame Ihall extend to, and be in as full force, power, effect, and in as full and ample a
manner as the fame were formerly of force in this date (then province) as if the faid
territory were an independent Uate? at the time of making ?nd pafiing fuch laws.
REVIVAL OP LAWS/ 401
fe. And be it matted, That this aft fhall be a general aft, and mall be taken
notice of as fuch,by all judges and other officers of juftice, or government within this
ftate, without the fame being fpecially pleaded.
3. And be it further enabled, That this aft fhall be and continue, and be in force
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 affembly.
By order of the Houfe of Affembly.
W. JONES, Speaker,
Savannah, June 7, 1777.
Public a*.
C«ntiruuti»«.
An act to revive and continue thefeveral abls therein referred in.
1. lOT 7"HERE AS feveral ufeful and neceffary laws of this (late (then province) Piim^h
\ V are expired, and divers other good and wholefome laws will expire with
this prefent feffion, and to the end that difputes and difficulties may not arife, touch-
ing the prefent validity of the faid laws fo made and paffed as aforefaid, within the
faid territory of Georgia: Be it enacted by the rcprefenlatives of the freemen of this
ftate in General Affembly met, and by the authority of the fame, That from and Prov;nc;auni
after the palling of this aft, all laws heretofore made in the then province, now ftate heretofo'reTn
of Georgia, and have not been repealed: and all the laws of England, as well nantt°thepcolf.
ftatute as common, and heretofore ufed and adopted in the courts of law of the then ciaredlnWI
province, now ftate of Georgia, and which were ufed and of force at the time of the
revolution, except part of an aft entitled " An aft to regulate and extend the trade
and commerce of this ftate, and to eftablifh an infurance office, for the encourage- Excc'h<,"•
ment thereof, and alfo to reftrain the felling of merchandize by public auction with-
in the fame," fo far as the fame refpefts the fale of merchandizes by public auftion,
fhall be of full force, virtue and effeft, to all intents and purpofes as were here-
tofore had, ufed and revived, as the law of this land, any law, ufage, cuftom,
article, matter or thing,, at prefent adopted in a change of government, to the con-
trary in any wife notwiihftanding, fo far as the fame do not contradict, weaken
hurt or interfere with the refolves and regulations of the honorable the continental
congrefs, or of any refolve, or regulation of this or any former affembly, congrefs
or convention, held in and for this ftate; and in particular the conftitution of the
fame, made and agreed to by the reprefentatives of the people in convention affem-
bled, and ordered to be the rule and government of this ftate, and the fame fliall
extend to, and be in as full fojrce, power and effeft, and in as full and ample a
manner as the fame were formerly of force in this ftate, (then province) as if thtf
faid territory were an independent ftate at the time of making, and paffing fuch laws.
2. And be it enacted, That this aft fhall be a general aft, and fhall be taken notice
thereof as fuch by all judges, and other officers of juftice or government within this
ftate, without the fame being fpecially pleaded.
3. And be it further enabled, That this aft fhall be and continue, and be in full
force until the firft Tuefday in January, in the year of our Lords one thoufand fev-Co
3E
402 REVIVAL OF LAWS.
en hundred and feventy-nine, and from thence to the end of the next feffion of Af-
fembly.
By order of the Houfe.
W. JONES, Speaker.
November 15, 177$*
An aB to continue the fever al aBs heretofore made in the then province of Georgia, and
alfo all aBs made and faffed by the feveral conventions, congrefj'es and Houfes of
Affembly of theflaie of Georgia.
■preamble. 1. T 71 7HEREAS feveral laws are already expired, and others near expiring'.
V V Be it enaBed by the reprefentatives of the freemen of the ftate of Georgia^in
General Affembly met, and it is hereby enaBed by the authority of the fame, That the
su?eiaulacon? feveral laws heretofore made in the then province of Georgia, and alio ail laws made
ciaredto^la and paffed by the feveral conventions, congreffes and Houfes of Affembly of the
ftate of Georgia (and not repealed by this or any former Houfe) except thofe which
are repugnant to the constitution of the faid ftate, {hall be in full force and effeft, as
if the fame had not expired, any law, ufage or cuftom to the contrary in any wife
notwithstanding.
contiauatieo. 2. And be it enaBed by the authority of ore faid, That this aft fhall be and continue
in force for the term of one whole year, and from thence to the end of the next fef-
|k>n of the General Affembly, and no longer.
Signed by order of the Houfe.
JOHN JONES, Speaker.
Auguft 21, 1781.
Atteft,
ABRAHAM JONES, Clerk.
Preamble.
An &B to continue the feveral laws of this fate, near expiring, and for other purp of es
therein mentioned.
TIEREAS feveral neceffary laws of this ftate paffed before the revolution
are near expiring, and it is expedient for the welfare thereof that they mould
be further continued: Be it therefore enaBed by the reprefentatives of the free-
men of this ftate in General Affembly met, and it is hereby enaBed by the authority
Anaapassed °f ine fame, That an aft paffed the feventh day of April, one thoufand feven hun-
Ap^nVewo dred and Sixty-three, to prevent perfons throwing ballaft or rubbifh, or falling trees
TOrHTrowing into the rivers and navigable creeks within this ftate, then province, and for keeping
to!rtvers&&c. " clear the channels of the fame; and alfo an aft to amend the faid aft, paffed the twen-
an'endthet0 ty -fifth day of March, one thoufand feven hundred and fixty-five.
"^ThMMch Alfo an aft paffed the fixth day of March, one thoufand kven hundred and fixty-
Aiseanaapas-iix, for v ■ umfhine feamen and mariners, neglecting or deferring their duty on board
""ishb-m -!° l eir re'pee"ve Ihips or vellels, and for preventing feamen or manners from being
**• harbored or running in debt,
REVIVAL OF LAWS, • 4^
And alfb an a$ to prevent frauds and deceit.-; in felling beef, pork, pitch, tar, tur- ^*'s£*aaa
pentine and firewood, patted the iixth day of March, one thotifand feven hundred ;^°-^:n
and lixty-fix; aH'o an act for amending an aft, entitled " An aft to prevent frauds ^e;^
and deceits in felling beef3 pork, pitch, tar, turpentine and firewood, pafled the f^n*fa„t?£fn.
twenty- fourth day of December, one thoufand feven hundred and fixty-eight. ^u^dS
And alfo an aft paffed the feventh day of April, one thoufand feven hundred and ^;:;h"^l,L.
fixty-thiee, for regulating a workhoufe for the cultodv and punilhment of negroes ^%6 3, wregu-'
/ - , 7 .11 n . , v ,, . r\ 1 * > • 1,4. X" late a work-
and furtner continued by an an entitled " An act to amend and continue an act tor house, kc.
A • 1 c >> IV J U' Ana an act to
regulating a workhoufe for the cultodv and punilhment of negroes, paiieu the imendamicoiw
OD J : I „. tinuc the saaiCi
.twenty -'fixth day of March, one thoufand feven hundred and fixty-feVen.
And alfo an act paffed the eighteenth day of November, one thoufand feven kn-^^,^
dred and fixty-five, for the eftablifhing and regulating fjairols, and for preventing any T^Ul^l
perfon from purchafing provifions or any other commodities from or felling fiiCh to m
any {lave, unlefs fuch flave fhall produce a ticket from his or her owner, manager, or
employer.
And alfo an acl to regulate the wharfs and Clipping in the feveral ports of this ^^f
date, then province, and afcertaining the rates of wharfage, of (hipping and dorage$ ^ping"^.
and alfo the duty of an harbor malter for the port of Savannah, and to authorize
the faid harbor mafter to put in force an acl entitled " An act to amend an a£tto pre-
vent perfons throwing ballad or rubbiih, or falling trees into the rivers and navigable
creeks within this date, (then province,) and for keeping clear the channels of the lame."
Alfo an ad to prevent dealing of horfes and neat cattle, and unlawfully branding, ^^^a*
marking, killing or driving the fame, pafled the twenty-ninth day of September, one t^&°c^pas«d*
thoufand feven hundred and feventy-three, fhall feverally and reflectively be, and ^j^0!8^
they are hereby continued in full force until repealed by this or fome future General for«^ta«-'
Aflembly. pc"led
2. And whereas at the time of the invafion of this date by the Briiifh troops in the Piihiic.tco.ds,
year one thoufand feven hundred and feventy-eight, the public records were fen t state for secu-
away to prevent their falling into the hands of the enemy, and have not yet been re-
turned into this date, from which caufe the feveral laws heretofore palled and which
may be now expiring, cannot with precifion be known, and if no remedy be applied
there is reafon to believe great injury may accrue to the citizens of this date, for the
prevention thereof: Be it further enacted by the authority aforefaid, That all laws A1Maws plSfed
pafled before the twenty-ninth day of December one thoufand feven hundred and ?™hr December
feventy-eight, which are or may be near expiring, and that are not repugnant to the arenea? «pi-
conltitution of this date, or in their nature temporary, be and they are hereby declar- puf^nttoethe
ed to be in full force, and that they (hall continue in force until repealed by this or desiarejuobe
r r , -n J r J ,n fu:i force til!
tome future legillature. repealed
3. And be it further enabled by the authority aforefaid^ That nothing contained in ^*Jf- ?'0%
any aft or afts heretofore in force, fhall extend to enable his honor the governor, to^££gof'
lay an embargo oh indian corn, or any other fpecics of grain or flour, except when a
general embargo fliall be found necefiary to be laid thereon, and that in cafes only of
particular emergency, and for as fhort a period as fuch emergency will poflibly ad-
mit of. And that in any cafe when an embargo fliall be laid by his honor the govern-
or and the executive council, the legillature fhall be convened as foon thereafter as
may be done agreeable to law, in order that their fenfe may be taken on the expedi-
ency and propriety of continuing the fame.
By order of the Houfe.
Auguda,July 30, 1783. WILLIAM GIBBONS, Speaker.
40j REVIVAL OF LAWS,
An act for reviving and enforcing certain laws therein mentioned*
?.tsmblc.
l. X7T7HEREAS, during the late convulfions in this ftate, feveral falutary laws
VV were loft and deitroyed, that had from time to time been enabled bv the
General Affcmbly of the fame; and among ethers, an ac\ reviving and putting in
force fuch and fo much of the laws of the province of Georgia as were adjudged ne-
ccflary to be in force in this ftate : And whereas, the faid laws are for the moft part
fuited to the circumftances of the people: And whereas, it is abfolutely necellary for
the well governing every ftate, that laws properly adapted to the circumftances of the
inhabitants be at all times in force: Therefore be it enabled by the reprefentatives of the
-freemen of the ftate of Georgia in General Affhnbly met, and by the authority of the
AUhwsm force fame, That all and lingular the feveral a£is, claules, and parts of acts, that were in
comr'<P6tonthe f°rce aRd binding on the inhabitants of the faid province on the fourteenth day of May,
uwfjince'p"? in the year of our Lord one thoufand feven hundred and feventy-fix, fo far as they
fedindfuifforc" are not contrary to the conftitution, laws, and form of government now eftablifhed
in this ftate, fhall be, and are hereby declared to be in full force, virtue and effect, and
binding on the inhabitants of this ftate, 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 A ffembly, until the fame fhall be
AmJthe com. repealed, amended, or otherwife altered by the legiflature. And alfo the common
laws of Engird law of England, and fuch of the ftatute laws as were ufually in force in the faid oro-
tonder the same . . °. , „ . * Xr
exceptions vmce, except as before excepted.
Aiifincs, &c. 2. And be it further enabled by the authority aforefaid, That all fines, penalties and
jhoseadu to the forfeitures inflicted or made payable by any of the aforementioned acts to the kin? of
into the ueasu- Qreat_Britain, are hereby directed to be paid into the public treafury of this ftate,
pubneoffiers f°r tne ufe °f tne fame. And that all authorities given and enjoined by any of the
t^me'pow- hid acts to any public officer, are hereby given and enjoined to fuch public officers,
tc\hensamcbie? appointed under the conftitution or form of government eftablifhed in this ftate, and
gpiS'* agreeable to the fame.
'■*** By order of the Houfe.
JAMES HABERSHAM, Speaker..
Savannah, February 25, 1784.
ROADS AND BRIDGES.
An act to eflablifli a road from Louifville to Savannah, one from Lotdfville to Waffling-
ton in Wilkes county, and another from the Chickefaw ford on Brier Creek to Colum-
bia court-houfe.
frtwut, 1> '\%7' HERE AS a road is now opened from within tjiree miles of Louifville, to
ly^f within fifteen miles of Savannah, that is to fay, beginning at Lambert's
big creek in the county of Jefferfon, to M'Cullers' mill-fpring on Buckhead to Ifaac
Brinfon's, thence to Afa Tanners, from thence into the Augufta road above capt.
John Spencer's. And whereas bridges are now erected over Lambert's big creek, big
Buckhead, little Buckhead, and little Ogechee, at a great expence, but defrayed by the
generous fubfeription of individuals; Be it therefore enabled by the Senate and Houfe
ROADS AND BRIDGES. 405
of Reprefenlatives of the Jl ate of Georgia in General AJfembly met, That the faid road xoSfsvIueto
be eftahlifhed as a public one, and that John Clements, John Powell, and Hugh coS^ner*
Alexander, for the county of JefFerfon ; Bryant M'Cullers, Ifaae Brinfon, and Battappom
Jones, for the county of Burke ; Richard Cooper, Gabriel Parke, and A fa Tanner,
for the county of Scriven ; and Earned; Zitteror, Samuel Rya-U, and Chriftopher Bai-
ly for the county of Effingham, be commiffioners in the counties to which they res-
pectively belong, to open and work on fuch parts of the faid road from Louifville to
Savannah as are not already opened, and to keep in repair the remainder.
2. And be it, further enabled, That the faid commiffioners fhall have full power td<.ii*aMtan6i&.
call out the inhabitants liable to work on the fame agreeably to the exifting road acl »ut.
now in force.
3. And be it further enaEted, That one other road be opened and laid out from Roadtobeo,
Louifville, to the town of Wafhington (Wilkes county) acrofs Little River at Wil- ES&uteto
liam fon's mill; and that William Black, Zachariah Gray, and James Rogers be ap-»mmSJe»
pointed commiffioners for the county of Jefferfon; Ifaiah Tucker, Solomon New-nominae
fom, and Vinfon A. Tharpe, commiffioners for the county of Warren ; and Robert
Mathews, Thomas Porter, and Richard Worfham, be appointed commiffioners for
the county of Wilkes ; whofe duty it fhall be to view, lay out, open and keep in re-
pair the aforefaid road, and fhall have the fame powers given by law to commiffion-
ers or furveyors of roads in this (late.
4. Be it further enabled , That a public road be eftablifhed from the ChickefawTheroadfrom
ford on Brier Creek to Columbia court-houfe, and that James Culbreath, John Hobbs fordon'iw1^
and Thomas Waggoner, be appointed commiffioners on the part of the county of inmbiacoSS
Richmond and Burke, and that John M'Donald, David Harris and Han- bffiu**"
cock, be appointed commiffioners on the part of the county of Columbia. And in
cafe of death, refignation or removal from office of either of the aforefaid commiffion-
ers, the inferior court of the county in which fuch vacancy may happen, fhall fill up
the vacancy at the next fucceeding court, any law to the contrary notwithstanding.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives*
DAVID EMANUEL, -Prefident of the Senate.
Concurred, February 11, 1797.
JARED IRWIN, Governor,
An at! to empower the inferior courts of the fever al counties in this fiate, to order the
laying out of public roads , and to order the building and keeping in repair of public
bridges.
E IT ENACTED by the Senate and Houfe of Reprefentatives of the /late of
* Georgia in General AJfembly met, and by the authority of the fame it is hereby A« roads now
enacted, That all the roads in the feveral counties of this ftate, that have been laid out red,SiCdecla'
by virtue of any aft of the General AfTembly, or by virtue of any order of court, "
are hereby declared to be public roads; and that from time to time, and at all times
hereafter, the inferior courts of the feveral counties in this (late fhall have full now- »^™ti2
t • . J 1 1 • c 1 1 ill r by the inferior
er and authority to order the laying out of public roads where the fame may be ne-cou,:ts0"inew
(~T* it* /■*•/-* 11 * ones m<iy be
celiary, and to culcontinue fuch roads as now are or fhall hereafter be made, as fhall *££**> said
4o6 ' tlOADS AND BRIDGE?.
be found ufelefs, and to alter the roads, fo as to make them more ufcful and Conve-
nient, as often as occafion ihail require.
Hcwroadstobe 2. And be it further enabled, That all roads hereafter to be laid out, fhall.be laid out
threq csmmis- by three or more commiflioners, appointed by the faid inferior courts refpe£tively, which
com miffi oners, being freeholders, mail take an oath before any juftice, to lay out the
fame to the greateft eafe and eonveniency of the inhabitants, and as little as may be to
tenons aggne-the prejudice of any private perfon or perfons' enclofed ground. And when any perfon
toadsfiXdtd or perfons {hall feel him, her or themfelves aggrieved by reafon of any road being
be redrwsed. ja j^ oo t through his, her or their enclofed ground, it (hall be the du'y of any two or
-more of the justices of the inferior courts, on application in writing by the perfon or
perfons injured, to iflue a warrant under their hands, directed to the flieriflf of the
county, to fummon a jury of freeholders, who (hall be fworn to affefs fuch damages;
and that the fherifF mall make and return a true inquifition thereof to the next infe-
rior court; and it (hall be the duty of fuch court to order the amount of damages fo
alTefledto be paid out of the next county tax, or out of any public monies belonging to
ft0Vj,o, the county fund : Provided neyerthelefs, That where it (hall appear to the inferior
court that the damages fo affeffed tranlcend the utility of that part of the faid road,
fuch court (hall order the fame to be altered in fuch manner as to avoid the enclofed
ground fo damaged, unlefs the perfon complaining ihall agree to accept fuch com-
penfation as (halt be deemed juft and reafonable by fuch court.
Roads to be q. And be it further enabled, That all public roads laid out or now in ufe, or which
twenty feet • " " * " . * ■?-■■* 7
wide. fhall be hereafter laid out, mail be cleared of all trees, Humps, grubs and brufh, at
leaf! twenty feet* wide, and fuch limbs of trees as may incommode horfemen or car-
causewaysandriages ill all be cut away; all bridges or caufeways made or to be made over fmall
smaiVtreams water-courfes, and caufeways over fwamps or low lands, fhall be made and kept in
feetwi^Ind repair by the hands fubjeci to work on the roads where the fame may be neceffary;
^nsiiabiew and the pieces wherewith the fame mall be made, fhall be laid acrofs the road, and
.' be at lead fixteen feet long, well fecured, made faft, and covered with earth.
4 And be it further enabled, That all free male inhabitants between the age of fix-
shaii he divided teen and forty-five years, and all male (lav es,t ihall be fubject to work on the public
iuco d.stn^s. roajs . an(] jt |]iajj ^e tke juty Qf t|1£ inferior courts in each county, within fix months
after the palling of this aft, to divide the feveral roads within the refpective counties
into diftricts of convenient length, and fhall from time to time apportion the perfons
overseen aP- fubject to work on the roads, among the feveral diftri&s, in fuch manner and in fuch
ftruior courts, proportion as they fhall deem juft and equitable, regarding as. far as poffible the con-.
venience of the people and the fituation of the roads.
shaii take an And the faid inferior courts fhall alfo within the aforefaid term of fix months, ap-
mth point one fit and proper perfon, being a freeholder, as overfeer of each diftrift of
informed of road, who fhall take an oathj before fome juftice, truly and faithfully to perform
menubythe the duties required of him by this a£t. And the faid inferior courts, fhall, from time
to time, make fuch alterations in the diftricts, and apportionment of perfons to work
thereon as occafion may require. And the clerks of the inferior courts mall, withirf
ten days after the appointment of the overfeers, and apportionment of perfons to
work in the feveral diflricts, give notice of fuch appointment, to the faid overfeers3
and alfo ferve them with a lift of the perfons to work within their feveral diflricts.
* See aft of 1800, feft. 3, refpefting Grofs-roads ; alfo feet. 4, refpefting trees, flumps* &c»
■f See aft of 1800, feft. 5. explaining this feftion,
$ Repealed by aft of 1800, feft 2.
ROADS AND BRIDGES. 407
5. And be it further enaBed, That all overfeers of roads, who (hall refufe or neg- tweweewiraii-
left to do their duty, as is directed by this aft, or ill a 1 1 not keep the roads and bnd- w£htifi°?«L
J 1 r ' r i f" l ' J • • shall forfeit five
res over imall water courles, and cauleways over Iwamps and low iands in repair, or dollars for eve.-
o ' 1 1 "1 • 1 r r 1 • j ' 1 r ryne'-'lcc* an(*
let them remain uncleared or out of repair, for and during the Ipace ortnirty days, un Ids jw^jgj*^
hindered by extreme bad weather, fuch overfeer mail forfeit for every fuch offence raaee*.
the fum of five dollars, to be recovered in the juftices' court of the diftrift in which
fuch overfeer may rende for the ufe of any perfon or perfons fuing for the fame; and
mall neverthelefs be fubjeft to an action for damages at the fuit of any perfon injured
by fuch refufal or negleft.
6. And be- it further enacted, That whenever the faid roads, fmall bridges and &"&'*£$
caufeways (hall require repairing, the overfeers mail give at lead five days' notice to all thc'roV<uand
perfons fubjeft to work within their refpeftive diftrifts, of the time and place of at- pair.0
tendance with fuch tools as he may deem neceffary; and if any perfon fubjecl: to
work as aforefaid, fhall fail to attend agreeably to fuch notice, together with all Have t0emtndmay
owned by them or under their care and management, they fhall be fubjecl to the fol- hundTed«nts
lowing fines, to wit: for the non-attendance of every free perfon, the fum of one oreiCh<i^'
hundred cents, per day, and for every flave the fum of one hundred cents, per day;
to be levied of the snoods, chattels, lands, and tenements of fuch defaulters, by warrant Tobewiedby
. , , ° ' • ' • n • 1 t n • r warrar>t from a
of diftrefs and faie, under the hand and feal of any juftice of peace in the diftrici Jl,:>tice.
where fuch defaulters may relide; or be recovered before any court having compe-
tent jurifdiction of the 1'ame, unlefs the party making fuch default {hail, within ten
days thereafter, make fuch excufe, on oath, as may be deemed satisfactory to the uniessanex-
J . J J cu?e is made in
overfeer: And -provided afo, That no juftice of the peace fhall be authorized to if-tenday»,&c.
fue a warrant as aforefaid, without fatisfaftcry proof being firfl made that the notice
required by this act. was duly ferved.
7. And be it further enaffed, That all fines fo as aforefaid incurred and collefted atea.sapproi>n"
fhall be one half for the ufe of the overfeer of thediftrift, and the other half to be paid
to the ovefeer for the repairs and improvement of roads within his diftrift
8. And be it further enacted, That where any perfon or perfons fhall have made&c^b^'mo*
any fence or laid any other obftruftion acrofs, or in any public road heretofore laid ITzxZ^
out without the leave of any court having cognizance thereof, it fhall be the duty of
the overfeer of thediftrift in which the fame may be, within three months after his
appointment to caufefuch obftruftionto be removed, and theroad reftored to its ori-
ginal fituation; unlefs in the opinion of fuch overfeer, the road now ufed is equally
convenient with the original one; and when any perfon mall bedelirous of remov- ^cjt,erhe0fi"^»
ing anyroad for private convenience, fuch perfon fhall petition any one or more K'tf conv*
juftice or juftices of the inferior court for leave to remove the fame ; and on fuch pe-
tition it fhall be the duty of the faid juftice or juftices, to lffuehis or their order dire61ed
to any three freeholders of the neighborhood, who being (worn as is by tins aft here-
in before directed, fhall proceed to view the ground over which fuch removal is intend-
ed to be made ; and if the faid freeholders fhall report, that fuch alteration will be
equally convenient, the inferior court may order the fame to be made by the perfon
praying the fame, which fhall be cleared in fuch manner as is herein before directed.
9. And be it further enacted, That when any perfon fhall hereafter make any fence or ^lin'uppi
cut any tree, or make other obftructions in or acrofs any public road (unlefs removed roadsT 'ng
within two days) fuch perfon ihall for every fuch offence pay a fine not exceeding
twenty dollars 10 be recovered by warrant under the hand of any juftice of the peace; how recovered
to be applied as herein before directed : And it fhall be the duty of the overfeer of the amlaw>Uca-
cWirict forthwith to caufe the faid obftruftion to be removed,
4o3 ROADS AND BRIDGES.
Rjceborough 1Q. j.iui wjiereas t]ie public good requires that a road mould be opened and kept
in repair from the town of Riceborougfa in the county of Liberty, to the town of St.
Mary's in the county of Camden, by way of Fort Earrington on the river Alatamaha.
inhabitants of Be it further enafied, That all the male inhabitants in the counties of M'lntofh,
Giynnanci Glynn and Camden, fubject to work on the roads in the faid counties, including all
fo^work'oaaid the ifiands belonging to the faid counties of M'lntofh, Glynn and Camden, (hall be
liable to work on the faid road, under the fame rules and regulations, and fubject to
the fame fines for default as is before pointed out by this act : And thejuftices of the
inferior courts in the aforefaid counties (hall appoint overfeers in their respective coun-
ties to carry this act into effect, any law or claufe of laws to the contrary notwith-
flanding.
aii bridges e- lx' And be it further enabled, That all the bridges that have been erected by any
Eubik.decured a& of the General Affembly, or by virtue of any order of court, not being private
tobepubhe. toll-bridges, are hereby declared to be public bridges. And that from time to time
interior tourts hereafter, the inferior courts of the feveral counties {hall have full power and autho-
mayere&new . . , . „ n . , . . . . 1 • n 11 1 i i r r 1
ones. rity to appoint the places lor erecting public bridges; ana it ihah be the duty or luch
Te be kept in courts to appoint one or more commiffioner or commiffioners, to contract for the
tha»rnveoress building fuch bridges, as may be deemed neceffary, for a time not lefs than five nor
'"a1 year" sc" more than feven years.: And the faid commiffioner or commiffioners, before he or
^fTridg«0snhau they mail enter on the duties of fuch appointment, (hall take an oath before fome
juftice of the inferior court or of the peace, truly and faithfully to perform the truft
repofed in him. And the faid commiffioners being fo (worn, fhall advertife the time
JSTblfe8' an^ place for letting the fame, at three or more public places at lead twenty days, and
fcm:ng°ofthe fhall then let the fame by public outcry to the lowed bidder, taking bond payable to
budges. jljs exce]]enCy t}ie goveror or his fucceffors in office, to be depofited in the office of
the clerk of the inferior court with at leaft two freeholders as fureties for the perfor-
mance of fuch building and keeping in repair; and the inferior court mall levy the
amount thereof on the county, or order the fame to be paid out of any of the funds of
the county fubject to their difpofal.
Bndgesover 12, A nd be it further enabled, That when bridges (hall be neceffary over any wa-
d\rngcountu"s ter courfe which divides one county from another, the inferior court of each county
L'uiit.10 be fhall join in appointing commiffioners for the building and keeping in repair the fame :
and the expence thereof fhall be defrayed by both counties in proportion to the
amount of the general tax of each, to be eflimated by the digell of the general tax ta-
ken next before fuch contract.
commirsi- 13. And be it further enabled, That whenever any public bridge fhall require re-
pwenodce pairing it fhall be the duty of the commiffioners or one of them to give notice in wri-
briVeisout of ting thereof to the undertaker or one of his fecurities, dating the repairs neceffary to
be made, and requiring the fame to be made within a reafonable time to be fet forth
in the faid notice, and if the fame fhall not be made within fuch time, fuch commif-
fioner or commiffioners, fhall employ fome other perfon or perfons forthwith to make
against the un- fuch repairs : and fhall immediately thereafter iffuean execution affainft the faid un-
in what cafes, dertaker and his fecurities for the amount given for the faid repairs with cofls.
^commissi- 1 4.' And be it further enabled, That when any commiffioner appointed for letting
anderukcr1,"^- any public bridge under and by virtue of this act, fhall undertake the building and
ssshisofike. keeping m repair the fame, or fhall become the fecurity for any other perfon {o under-
taking, the powers of fuch commiffioner fhall from thenceforward ceafe and deter-
mine, and the inferior court of the county fhall appoint another in his room.
ROADS AND BRIDGES, 4-9
15. And be il further enabled, That all former laws on this fubjecl fo far as they IS.1"8
militate againft this law be and they are hereby repealed.
DAVID MERIWETHER, Speaker of the Houft of Reprefentatives.
DAVID EMANUEL, Prefdent of the Senate.
AfTented to December 4, 1799.
JAMES JACKSON, Governor.
An aB to alter and amend an acl to empower the inferior courts of the fever al counties
in this fate to order the laying out the public roads, and to order the building and
keeping in repair the public bridges.
1. T> E IT ENACTED by the Senate and Houfe of Reprefentatives of the fate of Gcor-
JL3 gia in General Affembly met, and by the authority of the fame, That whereas by
an acl paffed on the fixth day of December, onethoufand (even hundred and ninety, wademmpto*
r J ' 1 • 1 • 1 f empowered ta
an exclusive right was given to James Gunn and Wade Hampton, their heirs and at- J^^/*^.
figns forever, to erecl, and keep in good order and fufficient repair, a bridge overchee-
the great Ogechee River: And whereas, the faid James Gunn and Wade Hampton
did erecl a bridge over the fame agreeable to the faid acl, but have neglecled to keep
the faid bridge in good repair, whereby the lives and properties of individuals are en-
dangered: Therefore be it enacted, That it is hereby declared to be the duty of the 5J^ri°^5f ,j
faid James Gunn and Wade Hampton, their heirs or affigns, who may now be insaidbridsc
poffeffion of the faid bridge, to keep the fame in good and fufficient repair, and fub-
iecl to the infpeflion of two or more commiffioners, to be appointed by the inferior commissioners
•J * , "T . , J r J to inspect it. ts
court for the county of Bryan for that purpofe: and it is hereby declared to be the du- [|=eaipn1'^ir'i'(^dby
tvofthe faid commiffioners. to infpeel the faid bridge monthly, and whenever it (hall be court of Bryan,
J '.'.'■■* ^ ' Repairs to tie
found that the faid bridge wants repairing, they are hereby directed to notify the b1^nlnfivc
owners or proprietors of the fame tg commence the repair within five days, and in
cafe of the refufal or neglecl fo to do; it mail be the duty of two or more of the in-
a .. . r or else it will
ferior court juftices of the faid county, on complaint to them being made by the bedorf by*he
aforefaid commiffioners, to direel the commiffioners aforefaid to proceed to pur-
chafe materials and hire workmen to complete the fame, and to notify the proprie-
tors or their attornies that the faid expences of fuch repairs are to be paid for imme-
diately on completion of the fame;jand in cafe fuch proprietors or owners mall fail Andpaidbythc
to pay the fame, then and in that |afe k mail be the duty of two or more of tfie ^el-udmi wiiir
faid inferior court juftices to award'execution; which faid execution mall be direel- Kf&Brya*
ed to the flieriff, deputy merifY or conftablcs of either the county of Bryan or couCnue!lam
Chatham, againft the property of the-*faid proprietors or owners, and, on giving
fifteen days' notice, proceed to fell the fame ; and if any overplus after paying the
neceflary expences attending the fame, to return the faid overplus to the owner or
proprietors of the faid bridge.
2. And be il farther enacted, That fo much of the above recited acl, entitled That part of
6; An acl to empower the inferior courts of the feveral counties to order the laving prescribing *»'
1 . ■• , j 1 r i i *i i- it 1 oatli for ovcr-
OUt the public roads, and to order the building and keeping in repair public bridges, *cen, «!**!•«»
as refpecls the oath therein prefcribed to be taken by the overfeers of diftricls be and
the fame is hereby repealed.
3F
4i<
SABBATH.
inferior courts
to direft tlie
mariner of lay-
ing out cross
Mail*.
Overseers need
not dig up
Negroes liable
to work on
roads,
Repealing
clause.
3. And be it further enacted, That the inferior courts of the refpeQive counties with-
in this ftate are hereby authorized and empowered to direct the manner and mode of
keeping in repair all crofs, and other roads not being an immediate or direct market
road, leading through their refpective counties; in fuch manner as they in their judg-
ment may think raoft proper.
4. And be it further enabled, That fo much of the before recited act, directing the
overfeers of diftricts to remove all flumps and trees, mail be conftrued fo as to remove
fuch flumps and trees from being obstructions to wheel carriages, by cutting the fame
as nearly even with the furface as poffible ; and that no perfon fhall be liable to work
upon any road more than fix days at one time, nor than twelve days in one year.
5. And be it further, enabled, That the age of male negroes liable to work on the
public roads in this ftate fhall be between the age ®f fixteen and fifty.
6. And be it further enacted, That all laws or parts of laws, which any way mili-
tate againft this act be, and the fame are hereby repealed.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, Prefdent of the Senate,
AiTented to December 1, 1800.
JAMES JACKSON, Governor.
SABBATH.
An aU for preventing and punifliing vice, prof aneneff and immorality, and for keep
holy the Lord's day, commonly called Sunday.
inr
Vc r.»ons work-
ing o'l Sunday
shall forfeit ten
shillings.
No goods to be
sold on that
Aay.
Thinling, shoot-
ing. 'lic. re-
trained penal-
ty fivesliil-
WHEREAS there is nothing more acceptable to God than the true and fincere
worfhip and ferviceof him, according to his holy will, and that the. keeping
holy the Lord's day, is a principal part of the true fervice of God, which in this
province is too much neglected by many.
1 Compels all perfons to attend worfhip — repugnant to the conftitution,
2. Be it further enabled, That no trade fm an, artificer, workman, laborer, or other
perfon whatfoever, fhall do or exercife any worldly labor, bulinefs 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 lum of ten
fhiilings. And that no perfon or perfons whatfoever, fhall publicly cry, fhew forth
or expofe to fale, any wares, merchandizes, fruit, herbs, goods or chattels whatfoever,
upon the Lord's day or any part thereof, upon pain that every perfon fo offending
fhall forfeit the fame goods fo cried, or fhewed forth, or expo fed to fale, or pay ten
millings.
3 Reftrains perfons from travelling on Sunday. Obfoiete.
4. And be it further enabled, That no public fports or paflimes, as bear-baiting.,
bull-baiting, foot-ball playing, horfe-racing, mooting, hunting or fifhing, interludes
or common plays, or other games, exercifes, fports or paftimes whatfoever, fhall be
ufed on the Lord's day by any perfon and perfons whatfoever; and that all and every
perfon and perfons offending in any of the premifes3 fhall forfeit for every fuch of-
fence the fum of five (hillings fterling.
SABBATH. 411
5. And &e it further enabled, That no vintner, inhholder or other perfon keeping &cbtobekept
any public houfe of entertainment, fliall entertain, or fuffer any, perfon or perfons ^ys.onS
(except ftrangers or lodgers) in fuch houfes or out-houfes, to abide or remain ; nor
lhalj they fuffer any perfon or perfons vvhatfeeVer, in their laid houfes, out-houfes,
yards, orchards or fields to abide or remain drinking, or in any manner idly (pend-
ing their time on the Lord's day, upon the pains and penalties of five {hillings for eve-
ry perfon offending, payable by themfelves refpeciively, that fliall be found fo drink-
ing or abiding in any fuch public houfe or dependencies thereof as aforefaid, and the
like fum of five (hillings to be paid by the keeper of fuch houfe for every perfon constables, s*.
° x to examine tip*-
entertained by them. v^}\ ™ <**
6. And for the better keeping of good orders on the Lord's day, Be it further enac- l'
ted, That the church wardens and conftables of each parifh refpeciively, or any one
or more of them, mall once in the forenoon and once in the afternoon, in the time
of divine fervice, walkthrough 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 att; and they fhail have power, and are here- AnJ ta uje
by authorized and empowered to enter into any public houfe, or tippling houfe, to f°rtcr^!ellifc*
fearch for any fuch offenders; and in cafe they are denied entrance, fhall have power,
and are hereby authorized and empowered to break open, or caufe to be broke open,
any of the doors of the faid houfe, and enter therein; and all perfons whatfoever are
ft r icily 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 millings fterling for every just;-*- mst
1 » (j u / apprIie?.Jof."en»
rC filial, defsand seize
7. And be ii further matted, That for belter execution of all and every the forego-
ing 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 fliall of-
fend in any of the particulars before mentioned, and upon his own view or confeffion
of the party, or proof of any one or more witneffes upon oath, which the faid jufti-
ces are by this act, authorized to adminifler, the faid juftice, or juftices 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 committed
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 imp.ofethe fine and penalty for
the fame, and to levy the faid forfeitures and penalties, by way of diftrefs, and fale of
goods, of every fuch offender returning the overplus, (if any there be) after reasonable
charges allowed for the diftrefs, and fales. And in cafe of default of fuch diftrefs, or
in cafe of infufficiency or inability of the faid offender, to pay the faid forfeiture or
penalties, that then the party offending be fet publicly in the flocks, for the fpace of two
hours, and all and lingular the forfeitures or penalties aforefaid, fhall be employed
and converted to the ufe of the poor of the parifh, where the faid offences fhall be
committed, and to be delivered into the hands of the church wardens, or ovcrfeers of
the poor for that end; faving only, that it fhall and may be lawful to, and for any
fuch juftice or juftices, out of the faid penalties or forfeitures, to reward any perfon or
perfons, that fliall inform of any offence againft this act, according to his or their dif-p'ort*'
cretion, fo as fuch reward exceed not the third part of the forfeitures or penalties.
Provided, That nothing in this act contained, fhall extend to the prohibiting ofdref-
fing of meat in families, or dreffing, or felling of meat in inns, victualling houfes or
1 1 i- 1 <*• r c 1 1 1 • r -it 1 1 • Provi*.«.
412
SABBATH.
Writs, war-
rants, &c not
to be executed
on Sunday ex-
eept in ccrcain
•u>es.
Ptsohs served
on that day dis-
•liafged.
Sn what man-
ner persons su
cd for execu-
ting this afi,
siiall proceed.
"Preble costs.
This aft shall
fee read forrr
. times a year,
hy Biinisters-.
peached, profecuted or moTeft.ed for any offence before mentioned in this act; un~
lefs he or they be profecuted for the fame, within ten days after the offence commit-
ted.
8. And be it further enabled, That no perfon or perfons upon the Lord's day, fhall
ferve, or execute, or caufe to be ferved or executed, any writ,procefs, warrant, order,
judgment^or decree, except in cafes of treafon, felony, or breach of the peace; but
that the fervice of every Rich writ, procefs, warrant, order, judgment or decree fhall
be void to all intents and purpofes whatfoever. And the perfon or perfons fo ferv-
ingor executing the fame, fhall be liable to the fuit of the party 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 all. And in cafe any perfon or
perfons fliall be imprifoned or detained in cuftody by any writ, procefs, warrant, or-
der, judgment, or decree, fo ferved or executed upon the Lord's day, upon motion,
or petition made to the chief juflice, or any one of the aftiftantjuftices for the time be-
ing ; it fhall be lawful for the chief juftice, or afliftant juftice or juftices, and he, or
they are hereby authorized and required immediately to order fuch perfon or perfons
to be difcharged out of prifon and cuftody, and to be clear not only from fuch writ*
procefs, warrant, order, judgment or decree fo ferved on the Lord's day, but alfo
from all and every other writs, procefs, warrant, order judgment or decree, ferved or
executed upon any perfon during the time of the faid perfons being imprifoned or de-
tained upon the account of any fuch writ, procefs, warrant, order judgment or decree,
fo ferved or executed on the Lord's day, and fuch perfon fhall be allowed by the faid
chief juftice, or affiftantjuftices fuch reafonable time, as he, or they fhall think fit-
ting, to return to his home or habitation, free from any arreft or hinderance whatfoe-
ver in civil matters.
9. And be it further enabled, That if any a£tion, fuit or information fliall be com-
menced againft any perfon or perfons for what he or they fliall do in purfuance or ex-
ecution of this a£t, fuch perfon or perfons fo fued may plead the general iffue (not
guilty) and upon ilfue joined, give this a£t and the fpecial matter in evidence. And
if the plaintiff, or profecutor fhall become nonfuit, or fuller discontinuance, or if a
verdict pafs againft him, the defendant or defendants fliall recover his, or their treble
cofts, for which he or they fhall have the like remedy, as in any cafe, where cofts by
law are given to the defendant.
10. And be it further enabled, That this act fhall be read yearly and every year, at
leaft four times in each year, before fermon begins. And every minifter is hereby re-
quired to read the fame, in his refpective place of divine worfhip.
By order of the Commons Houfe of Aifembly.
LEWIS JOHNSON, Speaker,
By order of the Upper Houfe.
JAMES HABERSHAM, Prefzdenh
In Council Chamber, March 4, 1762.
Affented to.
JAMES WRIGHT.
SEAL OF GEORGIA. 413
An at! for altering the great feal of the fate of Georgia.
1. T J[7HEREAS the conftitution of this ftate directs the alteration of the great Prea
V V feal, therefore, Be it enacted by the Senate and Houfe of Reprefeniatives of &**«***
thejlate of Georgia in General AJfembly met, and by the authority of the fame, That the
great Teal of the ftate of Georgia fhall be made of filver, and the fize of two and a
quarter inches in diameter.
2. And be it further enabled by the authority aforefaid, That the device fhall be as Itsdevice;
follows: On the one fide a view of the fea fhore with a fliip bearing the flag of the
United States, riding at anchor near a wharf, receiving on board hogiheads of tobac-
co and bales of cotton, emblematic of the exports of this Mate; at a fmall diftance a
boat landing from the interior of the ftate with hogfheads, &c. on board, reprefent-
ing her internal traffic; in the backpart of the fame fide, a man in theact of ploughing ;
and at a (mail diftance a flock of fheep in different poftures fhadedby a flourifhing ,
tree. The motto on this fide, agriculture and commerce 1799. That the other fide
contain three pillars fupporting an arch, with the word conftitution, engraven within
the fame, emblematic of the conftitution fupported by the three departments of gov-
ernment, viz. the legiflative, judicial and executive, the firft pillar to have engraven
on its bafe, wifdom, the fecond juftice, and the -third moderation ; on the right of the
laft pillar a man ftanding with a drawn fword, reprefenting the aid of the military in
defence of the conftitution ; the motto, ftate of Georgia 1 799.
3. And be it Jurther enabled by the authority aforefaid, That his excellency the gov- shall contra"
em or be and he is hereby authorized to contract, with fome fit and proper perfon for uttiJ££.°*
making of theaforefaid leal in manner and form aforefaid, and fhall depofit the fame
in the office of the fecretary of ftate, and on and after the fourth day of July next, the
faid feal fhall be confidered as the great feal of the ftate of Georgia and applied and
made ufe of as fuch in all cafes as the law directs ; and the old or prefent great feal, ourswitot*
fhall be broken in prefence of his excellency the governor.
DAVID MERIWETHER, 'Speaker oj the Houfe of Reprefentatives.
ROBERT WALTON, Prefdent ojthe Senate,
AfTented to February 8, 1799.
JAMES JACKSON, Governor.
An abl fupplementary to an atl, entitled " An abljor altering the great feal of the Jf ate
of Georgia," pajfed the 8th day of February, one thoufand feven hundred and ninety-
nine,
WHEREAS it appears that fo much of the fecond fection of the before recited rreamue.
act, as are contained in the words following, to wit, That the other fide con-
tain three pillars fupporting an arch, with the word, conftitution, engraved within
the fame, emblematic of the conftitution fupported by the three departments of govern-
ment, viz. The legiflative, judicial, and executive; the firft pillar to have engraven
on its bafe, wifdom, the fecond juftice, and the third moderation, could not be com-
pletely carried into execution, in as much as from examination of the fize of the
great feal eftablifhed by the aforefaid aft, an impreflion of thefe words, wifdom, juf-
414 SEAMEN AND MARINERS.
tice, and moderation, engraven on the three aforefaid pillars, would not be legible or
intelligible.
Apartofanaa Be lt therefore enaHed, That, that part of the faici before recited feclion, to wit, the
£«ffirc^ words, the firft pillar engraven on its bale wifdom, the fecond juftice, and the third
!fadeth'c jjreat moderation, be and the fame is hereby repealed. And that the great feal, as now de-
seaiwieuoned, politecland in operation in the fecretary oHtate's office of this ftate, with the words, wif-
dom, juftice and moderation engraven in a wreath on the feparate pillars, emblematic
of the feveral departments of the government, be and is hereby fanclioned, ratified
and declared the great feal of the ftate of Georgia; and all grants papers and docu-
ments to which the fame has been affixed by order of the executive authority fince
the fourth day of July laft pall, the period when the former great feal by the afore-
faid act ceafed to be the great feal, and the new great feal was by the faid acl to be in
operation, are hereby alfo fanclioned, ratified and declared to be as valid in all courts
of law and equity, as they poifib'y would or could have been, had the words wifdom,
juftice and moderation been engraven on the bafe of the refpective pillars agreeably
to dire6tions of the faid fecond feclion.
New seaitobe 2. Whereas there is now in the fecretary of Rate's office a number of grants of land if-
afhxed to grants _ J O
revioufly to the fourth day of July laft paft, which have not heretofore had the
former great feal of the ftate affixed" to them. Be it therefore enacted, That the fe-
cretary of ftate, fhali affix the prefent great feal of this ftate, as declared by this aft, to
any grant or grants which have been lfiued for land under the authority of this ftate
previous to the fourth day of July paft, which have not heretofore had the former
great feal of this ftate affixed to fuch grant, or grants as aforefaid, which mall be held,
deemed and confidered valid in all courts of law and equity, any law to the contrary
notwithftanding,
DAVID MERIWETHER, Speaker of the Houfi of Re prefent atives,
DAVID EMANUEL, Prefidem of the Senate.
Affented to December 5, 1799.
JAMES JACKSON, Governor.
signed during fiif>A n
thecontinu- 1UeQ P
ance of the
SEAMEN AND MARINERS.
An att to punifi feamen or mariners, neglecting or defining their duty on hoard their
refpeBive Jhips or vejjeh ; and for preventing j earn en or mariners from being har-
bored or running in debt.
Prs&mll
HEREAS matters and commanders of veflels trading to this province are
often greatly diftrelled by the neglecl or defertion of their feamen, which
is in general occaftoned by fuch feamen being harbored and entertained by and
running in debt with the keepers of taverns and tippling houfes, and ill difpoied per-
fons, to the great detriment and hinderance of trade, for prevention of which evil, Be
ju8ticeSmay it enacted, That from and immediately after the palling of this aft, if any feaman or
K&en mariner having entered or fhipped himfelf on board any fliip or veffel within this
ut^rcontraa. provincej or which fl^i] come to the fame, and having iigned an agreement or con-
traft with the mailer or commander thereof to proceed upon any voyage therein
SEAMEN AND MARINERS. 41*
mentioned, fhall abfent himfelf from fuch (hip or veffel for the fpace of twenty-four
hours, without leave had and obtained from the faid matter or commander, or other
chief officer having the command of fuch fhip or veffel, or fhall refufe or neglect to
perform his duty on board the fame, or refufe to proceed on the voyage mentioned in
fuch agreement or contract figned as aforefaid, it fhall and may be lawful for any
juftice or juftices of the peace, within their refpective jurifdiflions, upon application
beino-made to him or them by fuch mafter or commander, to iffue his or their war-
rant or warrants, to apprehend fuch feaman or mariner, and upon proof of fuch ab-
fence without leave had and obtained, or of fuch neglect or refufal as aforefaid, to
commit fuch feaman or mariner to the jail or workhoufe, for any time not exceeding
thirty days, any law ufage or cuftom to the contrary notwithstanding.
2. And be it, further enabled by the authority of the fame, That the charge of appre- SSEd^Jd
hcnding, committing, and maintaining fuch feaman or mariner, during his confine-^s;fa*e
ment as aforefaid, fhall be paid by the complainant, which charge he is hereby authori-
zed to deduct out of the wages due or to be due to fuch feaman or mariner.
q And be it enabled by the authority aforefaid. That if any perfon or per-***" trait.
O* -'-*• • J S ■ J ■J; ' v ' * _ l mg seamen un-
fons whatfoever after the palling of this act fhall give credit to or trult any ieaman or ^vXeshii-8"
mariner belonging to any fhip or veffel within this province, having figned an agree- {£e sd^m&«e
ment or contract to proceed therein as aforefaid* for any fum exceeding five (hillings,
except by leave of the mafter or commander of fuch fhip or veffel, he, fhe or they,
fo giving credit to or trufting fuch feaman or mariner as aforefaid, fhall, for every
fuch offence lofe the monies or goods fo credited or trufted.
4. And be it enabled by the authority aforefaid, That if any perfon or per- persons hart**-
fons whatever, after the paffing of this aft, mail willingly and knowingly entertain, £m°ngethem
, ■ n • it 1 • ' /-M t (-> 1 r /t» 1 • 1 • 1 without leave
retain, harbor, or keep, or fhall directly or indirectly fuffer to be entertained, retained, shaii forfeit &-
harbored or kept any feaman or mariner belonging to any fhip or veffel, and having <%•
figned any agreement or contract as aforefaid, in his, her or their ho life without the
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 millings fterling for every twenty-four
hours fuch feaman or mariner is harbored, entertained, retained, or kept in his, her,
or their houfe as aforefaid, and fuch fine or forfeiture fhall be recovered by diftrefs "rodand'p.
and fale of the offender's goods by warrant under the hand and feal of any juf-phed'
tice of the peace of the parifh where fuch offence fhall be committed, which penalty
ihall be to his majefty, for the ufe of thepoor of the faid parifh.
5. And be it further enabled by the authority aforefaid, That all and every keeper or mYumiswIg
keepers of taverns, or tippling houfes, or any other perfon or perfons whatever, who tf™om™n-
from and after the paffing. of this aft, fhall fell any wine, punch, beer, ale, cider, or any pelce woS
r . . ,. \ ° ;. J . \ r, .' n • - rr i per day, or en-
ipintuous liquor whatever, to any teaman or manner Delongmg to any imp or veffel, terrain them af-
and having figned any agreement or contract as aforefaid, to the amount of more than night without
o O __ J O ' ^ \eave, forfeit
one fhilling and iixpence in any one day, or fliall entertain, or fuffer any feaman or [™|nty shil-
mariner as aforefaid to drink or tipple in his, her or their houfe, or furnifh fuch fea-
man or mariner with any liquor as aforefaid after the hours of nine of the clock at night,
unlefs with the knowledge or by the leave and confent of the mafter or commander of
the fhip or veffel to which fuch feaman or mariner fhall belong, fuch keeper of tavern
or tippling houfe, or fuch perfon or perfons fo offending fhall, upon proof of fuch of-
fence, forfeit the fum of twenty [hillings fterling, to be recovered and apnlied as in'Mastem shaii
■* fi'ivs 3. certiii-
this act is before directed. cat* to seamen
6. And be it enabled by the authority aforefaid, That from and after the pairing of [*r™re4thl^rdei.
this act, any and every feaman or mariner, whofe agreement or contract entered into pp0e™^'of five
4i6 SERVANTS, NOT SLAVES.
witli any mailer or commander of any fnip or veffel within this province, for the per-
formance of any voyage therein fpecified, fhall be fulfilled and determined, (hall and
may demand of, and from the faid mailer or commander a certificate thereof, and of
his difcharge from fuch Chip or veffel, which certificate fuch mailer or commander is here-
to* recovered by required to give, under the penalty of five pounds fterling, to be recovered by warrant
of diftrefs, and fale of the offender's goods under the hands and feals of any two juf-
tices of the peace, for the parifh where fuch offence was committed, and be to his ma-
jetty, and applied one half to the informer, and the other half to the poor of the faid
■ewo justice, parifh; and upon rcfufal of faid mafter or commander to give fuch certificate without
tame. juft caufe, any two juftices of the peace upon due application and proof thereof, are
■ hereby empowered to give fuch certificate, which fhall be of equal force, as if given,
by iuch mafter or commander; and fuch juftices fhall receive for every fuch certifi-
cate fo given by them as aforefaid the fum of one milling fterling, to be paid by
aneshiiiingfee. fucn ma{l;er or commander refufmg as aforefaid.
commanders 7. And be it further enabled, That no mafter or commander of any fhip or veffel
SSS- within this province, fhall hire, receive, entertain or fhip any feaman or mariner be-
younsis.161 €n longing to, and pretending to bedifcharged from any other ihip or veffel, unlefs fuch
feaman or mariner fhall have a certificate of his difcharge as aforefaid, under the pen-
alty of ten pounds fterling, to be recovered and applied as the penalty in this act in-
flitted upon matters or commanders refufing to give fuch certificate.
Ferrymen 8. And be it enacted by the authority aforefaid. That if any perfon or perfons keer>=
Transporting . '. * S J J J y ± k i
vuclTcertiacat m§ or atteRding any ferry within this province, fhall willingly or wilfully tranfport, or
^uridfItfive ^uffer to be tranfported over iuch ferry, any fugitive feaman or mariner not having a
certificate of difcharge as directed by this act, fhall upon conviction thereof before any
one of hismajefty's juftices of the peace for thepariih, where fuch offence was corn-
Now recovered mitted, 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 per-
fons informing of and fuingforthe fame.
tonunuatisn. 9' And be it enacted, That this acl 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.*
By order of the Commons Houfe of Affembly.
ALEXANDER WYLLY, Speaker.
By order of the Upper Houfe.
JAMES HABERSHAM, PrefidenL
Council Chamber, March 6, 1766.
JAMES WRIGHT.
* Revifed and continued by act of 1783, feet. i»
SERVANTS, NOT SLAVES.
An all for the government offervants, notjlaves, imported or migrating into this fate.
tttmM*. *• \\ /"HER'EAS the encouragement of migration into this ftate, of white inhabit-
V V ants, is of primary confequence thereto, and many valuable citizens and
wfeful perfons of the poorer clafs of Europeans defirous of migrating hither, have not
SERVANTS, NOT SLAVES.
4-7
white servants
to i>e car-
ina effe&'i
wherewithal to defray the charge of paffage money and other incidental expences at-
tending the fame., and either indent themfelves as fervants previous to embarking, or
agree with the captains, owners, fupercargoes of veflels or others to indent themfelves
as fervants on their arrival at any of the ports of this (late, or the United States, as a
compenfation for fuch pafiage money and expences. And whereas, it has happened
on fuch arrival, difputes have arifen between fuch perfon fo migrating, and thofe who
•have borne their expences as aforefaid, or thofe to whom they were previoufly to
embarkation indented, and doubts have been entertained of the validity of any con-
tracts made in a foreign country with refpeft to binding and holding to fei vice any
perfon fo migrating, unlefs a new agreement be entered into after his or her arrival
within the date: for remedy whereof, Be it enabled by the Senate and Houfe of Repr.e-catitn.Ri.witw
fentatives of the fate of Georgia in General Affembly met, and it is hereby enabled byipw
and with the authority of the fame, That from and after the palling of this acl, all
white fervants brought into this county under any agreement or contract made in
foreign countries, and who mail not previoufly to embarkation therefrom have been
indented, (hall be bound to perform the fame; and in cafe of refufal to indent himfelf,
herfeif or themfelves, on application and demand, it (hall be lawful for the perfon
or perfons with whom fuch fervants have fo agreed or contracled, to apply to any
three juftices of the county into which fuch fervants may arrive, one of whom to be
a judge of the inferior court thereof, who are hereby empowered and required to
have the parties brought before them, and decide on the validity and good faith of
fuch contracl, and if they, or a majority of them, (hall judge the fame binding and
valid, it (hall be the duty of fuch magiftrates, or a majority of them, to indent fuch
fervants by an order to be entered up of record in the clerk's office of the inferior
court, which order (hall be received and confidered as indenture, and held to be as
binding in law, to all intents and purpofes, as if the fame had been voluntarily enter-
ed into by fuch fervants after fuch their arrival : Provided neverthelefs, That if fuchPr0vis
fervant be of the age of nineteen years, they fhall not be indented for a longer term yea''
than five years, and if under that aee for a longer period than their arrival at the age more th"nl'fiv«
,. r i *r i r" r -i i ■ i i }ears anil if un-
oi twenty-tour years, and ir at the age or lourteen, until they arrive at the age order that age,
twenty-one years: and the faid magiftrates are alfo hereby empowered to decide on tin they are
J J ' O _ J I twenty-four
the age of fuch fervants and bind them accordingly, which decilion fhall be entered vear6 <* ae«-
up of record with fuch order in the clerk's office of the faid inferior court.
2. And be it further enabled, That all indentures made between m afters*, fupercar- indentures in
goes or owners of veffels, or other perfons in foreign countries, and perfons wifh- force in this
ing to migrate to this ftate or the United States, and thus becoming fervants as afore-
faid, fhall be held and received as valid and binding in law, on their arrival within
any port or place within this ftate as if fuch indenture had been voluntarily entered
into by the parties after fuch their arrival.
3. And whereas, it is as neceffary and proper, and humanity requires that the fer-
vants fo held to fervice fhould, in return therefor, meet with humane and kind treat-
ment from perfons to whom they may be bound: Be it therefore further enabled *™te ?***'>
1 j j J J ' how to be trtfSt**
That all mailers and owners of fervants coming within the intention of this aft, fhall ed-
find and provide for their fervants wholefome and competent diet, clothing and lod-
ging, in health, and proper and neceffary medicine and attendance in ficknefs; and
fhall not at any time give immoderate correction, or at any time whip fuch perfons
naked, without an order from two or more magiftrates for that purpofe, after a hear-
3G
If nineteen
old, not
to be bourn', for
4*8 SERVANTS, NOT SLAVES.
ing from both parties, and fhall not talk them with immoderate labor; and Rich fer-
vants ihall have their complaints received by any juiiice of the peace, who, if he finds
cauie, may bind the mailer or owner over until the complaint can be heard before
the inferior court of the county where they fhall refide; and all complaints of fuch
fervants fhall and may, by virtue hereof, be received by the faid court in form of
petition, without the formal procefs of an aft ion; and full force and authority is here-
by given to the faid court, at their discretion (having firft fummoned their mailers or
owners to juftify themfelves if they think fit) to adjudge, order and appoint what
ihall be neceffary and proper, as well with refpect to the diet, lodging, clothing and
exceffive labor, as to the correction of the fervant or fervants complaining; and if
any mailer or owner (hall not thereupon comply with the court's order, the faid court
is hereby authorized and empowered, upon a fecond juft complaint, to releafe and
acquit fuch fervant or fervants from any future fervice, by entering an order to that
purport on the records of the court; and in cafe it fhall be found, upon examination
before the faid court or three ju dices, that the complaint of fuch fervant or fervants
was unfounded or malicious, then the inferior court as aforefaid, fhall have power to
direft and order any moderate punifhment, not exceeding thirty-nine lafhes; and in
cafe fuch fervant ihall abfent him or herfelf from his or her faid malter or owner's
fervice, the faid inferior court fhall be, and hereby is authorized to indent fuch fer-
vant for fuch abfence, a term not exceeding four days for every dav's abfence, more
than the time he, orfhewere originally indented for, by an order entered as aforefaid
on the court books.
Contrast* with 4- And be it further enacted. That no mailer or owner of any fervant fhall during
tte™ertf«£" the time of fuch fervant's fervitude, make any bargain with him or her for further
made0 fervice or other matter or thing relating to liberty or perfonal profit, unlefs the fame
be made with the approbation of the inferior court of the county where they fo refide ;
and if any fervant fliall at any time during fuch fervice, by gift or other lawful means,
acquire any goods or money* fuch fervant fhall have the property thereof to his or
roeyarenot her own fole ufe and benefit. And if any fervant fhall, during fuch fervitude, hap-
>o become
•harjjeabieto pen to fall fick or lame fo that he or ffoe become of little or no ufe to his or her maf-
ter or owner, the mafter or owner fhall at his or her own expence provide fuch
fervant with neceffary medicine and attendance during fuch ficknefs, and fhall not put
away fuch fervant, but fliall maintain him or her during the whole time he or fhe were
obliged to- ferve; and if under any pretence of freedom any mafter or owner fhall put
away any fuch fick or lame fervant, and fuch fervant fhall become chargeable to the coun-
ty fuch mafter or owner fhall forfeit and pay a fum equal to the maintenance of fuch per-
fon to be recovered by diftrefs, monthly or weekly, at the option of the magiftrates
fuperintending the poor rates of fuch county,
Tpbewedcio- 5. And be 'it further enabled, That at the expiration of the time of fervice, every
€kLr^*en lJS" mafter or owner fhall fupply every fuch fervant with a new and fufflcient fuit of clothes
to be approved of by any three or more ju dices of the faid county under a penalty
not exceeding thirty dollars, to be recovered in a fummary way, by fuch fervant, be-
fore the faid juftices.
fe*a^1*Brc? ^' And be it further enacted, That all fervants imported or migrating and indented
as aforefaid, may be transferred by aflignment of the indentures, either by the per-
forms they originally contracted with or their affigns ; and fuch perfons to whom fuch
fervant may be fo affignedj fhall be fubjettto the claufes and provifoes of this aft5 and
SLAVES AND PATROLS. 419
t@ every matter and thing expreffedto be done or performed on the part of. the origi-
nal owners, importers or contractors.
THOMAS STEVENS, Speaker of the Houfe of Reprefentativcs.
BEMJAMIN TALIAFERRO, Prefidertt of iht Senate.
Concurred, February 6, 1796.
JARED IRWIN, Governor,
SLAVES AND PATROLS.
An act for the ejlablifhing and regulating patrols, and for preventing any per {on from
purchafing provifions or any other commodities from or felling fuch to any/lave, urilefs
fuch flave fhall produce a ticket from his or her owner,' manager or employer.
1. TlfHEREAS it is abfolutely neceffary for the fecurity of his majefty's fub-j,^,,^
\\ jefts of this province, and for preventing the many dangers and inconven-
iences that may arife from the diforderly and unlawful meetings of negroes and oth-
er flaves within the fame, that patrols fhould be eftabiifhed under proper regulations,
in fuch parts of the province where the militia is formed and fettled : And whereas,
it is alfo proper to prevent dealing and trafficking with (laves ; Be it enacted, That wtroi dw$*0«
immediately from and after the palling of this aft, every captain or commanding of- twelve Wiw,
ficer of a company of foot militia throughout this province, is hereby authorized, em-
powered and required feverally and refpeftively to fummons together his inferior of-
ficers, if any fuch there be ; and they mail in concert fubdivide and diftinguifh his
f ompany diftrift into as many other convenient patrol divifions as they fhall think molt
proper and confident with the extent andiituation of their general.company diftrift,
and fo as the riding over any fuch patrol divifion may not exceed twelve miles in ex-
tent, which faid fubdivided divilion feverally and refpeftively, fhall thenceforth be the
patrol divifions, unlefs the fame fhall be thought neceffary to be altered by the officers
as aforefaid, and wherein the owners of fettled plantations as well as the other inhabit-
ants of any fuch patrol divifion, as well alarm men as others of horfe and foot be-
tween the age of fixteen and fixty years, fhall be fubjeft to the patrol duty of that di-
vilion, and fhall either by themfelves in perfon, or by others employed for that purpofeJpftroite^
do their patrol duty regularly and fucceffively, according to the true intent and mean-
ing of this aft:, and in cafe any captain or commanding officer, fhall omit or fail to
fubdivide and diftinguifh his company diftrift in manner herein before enjoined, or
afterwards at any multer-day, or within five#days after fuch mufter-day, fhall negleft
to prick off the feveral patrols as is herein after direfted, that then every fuch captain,
or commanding officer fo failing fhall refpeftively be fubjeft to, and pay the penalty ofe tefM >ttk
five pounds fterling, to be recovered by warrant of diftrefs under the hand and feal oj jSfcuST
any juftice of the peace for the parifh where fuch offence fhall be committed, and f^°^. five1'
fale of the offender's goods; and which fum fhall be paid to the commiflioner, tT "vlUpai*
of the roads within fuch parilh, and by them applied towards repairing the bridges andCddho,vaI>i1{,"
eaufeways within the fame ; and that the owners of fettled plantations and inhabitants
within each company diftrift may the better know to what patrol divifion they feve-
rally 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
1
420 SLAVES AND PATROLS.
oCfePra[roi'dWi-cs church and meeting-houfe doors, or other public places in their feveral diitricls, and
Stt^uwte* and fhall caufe another copy thereof to be entered in a book by the clerk of their
puces. company, that any perfon concerned may from time to time have recourfe to the
fame. And as all perfons, as well women as men who are or may be owners of fet-
tled plantations in any parifli or diftrict ought in jufti'ce to contribute 10 the fervice
and fecurity of fuch parifh or diftritt, Be it therefore enabled by the authority aforejaid,
That the captains or commanding officers of each company of foot militia {hall in
Captains to . . r o , > r • \ irnr r 1
keepa-pecui tneir diltrias make out and keep from time to time a lpecial patrol lilt, for every lub-
each division, divided and diftinct patrol divifion, in which lift lhall be inlerted the names of all
ofwhom com- owners of fettled plantations being within the fame, as well women as men, and
l>0Eed as well alarm men as others, as alfo the names of all the male white inhabitants.
proviso. Provided, That every perfon having feveral plantations fettled in this province, fh all
not be fubject to, or obliged to do patrol duty in thofe divifions where fuch plantations
proviso. lie other than in fuch in which he or (he, (hall ufually relide, Provided alfo, That the
matters and employers of all white male fervants who by this act are obliged to do pat-
rol duty (hall 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
recovered and applied in like manner as the penalties on captains or commanding of-
ficers in this acl before mentioned.
LUbie to per- 2. And be it enacted by the authority afore/aid, That all perfons, male or female,
turrnS.duty m whole names fhallbe inlilted as aforefaid, ill all be liable to perform the patrol duty
of their refpective divifions feverally, fucceffively, and in turns; and on every mufter-
day, the captains or commanding officers of the feveral companies of foot militia
(hall, out of every patrol lift made out as aforefaid, prick off the names of any num-
Not exceeding ber not exceeding ten perfons, as well women as men, inhabitants and owners of, and
bepnckedoff refiding upon plantations as aforefaid, all of whom (hall, by themfelves or others em-
for patrol duty, oil .>* * '. /
each muster- ployed and provided for that purpofe, feverally and refpettively do and perform the
patrol duty herein directed, from fuch mufter-day until the next enfuing mufter-day 5
regularly, equally and fucceffively, the laid captains or commanding officers as afore-
faid, always choofing, and they are hereby directed to choofe the neareft fet of inha-
bitants fet down in the patrol lift as aforefaid; to do the duty together, that they may-
be enabled to meet and affemble with the better conveniency and expedition: Provi-
noviso. ded always, That it fhali and may be lawful for any perfon or perfons liable to do and
.haiiberecei- perform the patrol duty prefcribed by this acl, and who may not choofe to do duty in
perfon, to employ a fufficient perfon to do, perform and undertake fuch duty on his,
her or their behalf, when their names fhali be pricked off as aforefaid: Provided alfo%
That if any perfon or perfons {o liable and pricked off as aforefaid, whether man or
woman (except fuch woman hath not fix working flaves) (hall not, either by them-
felves, or by a fufficient perfon on his, her or their behalf as aforefaid, do and per-
SS* eaptiin form fuch duty, or fhall refufe to do and perform the fame, then and in every fuch
aja&Igji c" cafe, the captain or commanding officer of fuch company of foot militia, to which
fuch perfon fo neglecting or refuling fhall belong, upon the report of the perfon ap-
pointed to command fuch patrol, fhall and is hereby empowered to agree with any fuf-
ficient perfon at a certain price, not exceeding ten fhillings fterling per night, to do
duty for him or her fo neglecting or refuting^ until he or fhe fhall actually procure
fome other white perfon, between the age of fixteen and tixty years, to do patrol
duty for him or her; and the rate or price fo agreed upon by fuch captain or com-
manding officer as aforefaid, fhall be paid by the perfon whofe turn of duty fhall be
fo performed to the perfon performing the fame? according to his time of fervice;
SLAVES AND PATROLS. 421
and in cafe any perfon or perfons fhall fail to pay or fatisfy fuch other perfon fo ap-
pointed for him, her or them fo negle6Hng, the price agreed upon by the faid captain
or commanding officer as aforefaid, upon demand thereof, then and in every fuch
cafe, it mall and may be lawful to and for the faid captain or commanding officer
who agreed with fuch perfon, to levy the fame on the goods and chattels belonging to
the perfon fo failing, by warrant of diftrefs for that purpofe, directed to any fer geant Tnberrowl,
of his company, or any conftable of the parifh in which fuch company fhall be efta- uni'/r unhand
blifhed, which fergeant or conftable fhall be obliged, and he is hereby fully authori-0 tieo! cur"
zed or empowered to execute the fame, and fhall be allowed for executing the war-
rant the fum of one milling, and twopence per mile for every mile he fhall travel, to Fees for excciv
be computed from the dwelling houfe of the faid conftable or fergeant, to the dwelling ting the same.
houfe of the defaulter.
q. And be it further enaBed by the authority aforefaid, That the feveral captains Patrol duty par-
y -' •* '*.-''■•■. ticui.iriy regu-
and commanding officers of the feveral companies belonging, to the town of Savan- iatedint*e
o _ I -O.p ... ... town =n«l su-
nah, fhall make out a general patrol lift of their refpective companies (including the '^bsofSavan*
horfe and alarm men as alfo women) except as before excepted, within their divilion,
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 (hall be done and performed by the faid patrols refpeflively
every night in rotation; the feveral patrols to meet, and the duty to begin at nine o'clock,
and be continued until day-light; and they fhall and are hereby empowered to take
up all flaves whatever, which they fhall End 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 fhew thereafonablenefs of their being out, or who have not a white
perfon in company to give an account of his or their bufinefs; and fuch patrol may
correct every fuch flave or flaves belonging to any perfon refiding within the town of
Savannah, or within the limits aforefaid, by whipping with a fwitch, whip or cow-
fkin, not exceeding twenty lames; but if the flave or flaves fo taken up and liable to
punifhmentas aforefaid, fhall belong to any plantation or feitlement being without
the limits aforefaid, fuch flave or flaves fhall be, by the patrol who fhall take him, her
or them up, delivered to the warden or keeper of the workhoufe as fugitive flaves:
Provided always, That nothing in this.aft contained fhall extend, or be conftrued to Prov;,.b,
extend, to fubjecl the commander in chief for the time being, or any of the members fldfro^a&S
of his majefty's honorable council, and their clerk or officers, or of the Commons duty"
Houfe of Affembly, or their clerk or officers, the public treasurer, the powder re-
ceiver, the commiffary general, nor any judges of the general court, or minifters of
the gofpel, cuftom-houfe officers, or other officers commiffioned by virtue of his ma-
jefty's iign manual, the field-officers of the feveral regiments of foot militia in acuial
commiffion, or the pilots or ferrymen in any part of this province, to ferve upon any
patrol duty in any diftrifct whatever, any thing herein before contained to the contrary
notwithftanding.
4. And be it further enabled by the authority aforefaid, That the captain or com- ca^&nsofpa*
manding officer of every company fhall have power in their feveral diftricts, from time poki**?
to time, to appoint one good and difcreet perfon from among the perfons fo pricked
off to do patrol duty as aforefaid, to be their commander, as loon as their names fhall
be fo pricked off as aforefaid, and if fuch perfon, being regularly appointed to com-
mand thepatrol as aforefaid, fhall refufe to accept of fuch command, or after accept- Onf?iHn„t0
ing thereof fhall refufe or neglecl to do his duty as prefcribed by this act, fuch perfon ^t'.^Lle.
fo offending (hall, for every fuch offence, forfeit and pay a fum not exceeding one Sj^Mty
422 SLAVES AND PATROLS.
pound, to be adjudged by a majority of the commiffioned officers of the company out
Recotreredb °f which fuch patrol fliall be pricked oft"; and levied in both cafes by diftrefs and falc
d"SSt,/tb °f lbe offender's goods, by a warrant for that purpofe, under the hand and feal of the
F°ot- commanding officer of fuch company, to and for the ufe of the poor of the parifh
where fuch offence (hall be committed; and that the commander of every patrol may
have better authority to keep them in good order and demeanor during their time and
turn of duty, it (hall and may be lawful to and for every fuch patrol commander, and
5£?rfp£tt&". triey are hereby directed, empowered and required, on any default or milbehaviour or
ft«Mk«c» neglect of duty, of any patrol man, to inflict a fine upon him not exceeding the fum
*iingtenshii- 0f ten (hiiiingS fterling, for the ufe of the patrols reflectively, in which fuch neglect,
default or milbehaviour fliall be committed, to be levied by diftrefs and fale of the of-
fender's goods, by virtue of a warrant for that purpofe, directed to the conftable of
the diftrict or fergeant of fuch company, under the hand and feal of the captain or
commander of the company from which fuch patrol, where fuch neglect, default or
mifdemeanor may happen or be committed, fliall be pricked off, which conltable or
fergeant fliall be obliged, and are hereby ieverally authorized and empowered to exe-
Feesofser- cute the fame, and fliall be allowed for executing the warrant the fum of one (hilling,
lefinedfort^ay and milage as is herein before directed ; and every conftable or fergeant refilling and
giecuiduty" neglecting to ferve fuch warrant directed to him, fhall be liable to a fine not exceeding
forty (hillings fterling.
5. And that the laid patrols may be the better able to fupprefs any mifchievous
deiigns of negroes and other flaves during their time of fervice. It is hereby further
»'*>*» enabled by the authority aforefaid, That every perfon pricked off or appointed, or
j^Sj|Lof undertaking as a proxy for any other perfon liable to ferve in the faid patrol in pur*
fuance of, or by virtue of this act, fliall provide for himfelf, and keep always in readj-
nefs, and carry with him on his patrol fervice one good gun or piftol in order, with
fix cartridges fuitable for fuch gun or piftol, and one good cutlafs under the penalty
of a fum not exceeding ten fhiliings, for want of any fuch arms or amunition, at fuch
times and places as they fhall be appointed by their refpective commanders, in their
•bedicntto «f- feveral divifions, to whofe orders they fliall on all occafions be refpectively obedient
penaitynoften during their time of fervice, on pain of incurring a fine not exceeding twenty (hillings,
jhiiunp. to be levied by warrant under the hand and feal of the captain or commanding offi-
cer of the company from which fuch patrols fliall be pricked off, as is herein before
mentioned.
6. And be it further enabled by the authority afore faid, That every patrol fliall go
Shall ride at
kast one night to, and examine the feveral plantations in their divifions at fuch times as they in their
difcretion fliall fee fit, one night in fourteen at leaft, and may and (hall take up all
flaves which they (hall fee without the fences or cleared ground of their owner's plan-
wenuvei"'" tations, who have not a ticket or letter or other token to (hew the reafonablenefi, of
their ab fence, or who have not fome white perfon in company to give an account of
his, her or their bufinefs; and fuch patrol may correct every fuch (lave or (laves by
proviso. whipping with a fwitch, whip or cow (kin, not exceeding twenty laflies. Provided,
fehbfiveshu-r" That if any patrol man, not having fuflicient caufe, fhall beat and abufe, any (lave pea-
jfwWiomMM! ceably and quietly being in his mailer's plantation, or found any where out of the
fame, having lawful or other token as is herein before directed, fuch patrol man fliall
for every fuch offence forfeit and pay the fum of five ihillings, and in cafe of iucfe
SLAVES AND PATROLS. 423
-flave being maimed, difabted or killed, fhall be fubjecl to the feveral penalties inflic-^,sup^e°3
ted for fuch offences by the aa entitled " An aft for the better governing negroes and for maiming ««
other flaves in this province, and to prevent the inveighling or carrying away flaves
from their matters or employers." And the laid patrols fhall have full power to fcarch
* l „ _.. v 1 •• 1 C A' Shall search for
and examine all negro houfes for often five weapons and ammunition, and on iinding offensive w-
any fuch, contrary to the before recited act, fhall proceed as is therein directed ; and pceedoufiS*
if any patrol fhall fee any fugitive flave or flaves endeavoring to avoid them by hi-
ding' or running into, or mail hear of any fuch being harbored in any dwelling houfe
of a white perfon, the commander fhall afk leave of the owner of the laid dwelling
houfe or of fome white perfon then there, to fearch for, examine and apprehend the
laid fugitive flave, or that the faid owner fhould deliver up fuch flave or flaves; and
in cafe the faid owner or other white perfon fo entreated, fhall refufe to deliver up
fuch fugitive flave or flaves or to fuffer fcarch to be made for them, the faid patrol or
any other white perfon having feen fuch flaves enter, fuch perfon fo refuting fhall
forfeit the fum of five pounds forever fuch offence.
7. This feclion is repealed by an a£t of 1770.
8. And whereas many irregularities may arife by patrols drinking too much liquor PatroIs getting
before or during the time of their being on duty : Be it further enacted by the authority ^ZVoftvl
afore/aid, That any perfon whatever who fhall be drunk during the time of his fer- J^Se?.' h<w
vice on the patrol, fhall be fubjeft to the penalty of a fum not exceeding ten fhillings,
to be recovered by warrant from any juftice of the peace, upon oath fir ft made there-
of, the fame to be applied to the ufe of the highways in the refpeftive diftri&s where
the offence fhall happen.
9. This and the next fe&ion repealed by aft of 1770.
11. And for better enforcing the performance of the feveral duties required by this;^*2*j^|
a£t, Be it further enabled by the authority aforefaid, That the field-officers of each re- thuTa.°n oi
fpeclive regiment of foot militia within this province, or any of them, fhall be, and
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 regi-
ments to which fuch field-officers belong, as they fhall judge neceffary for the more
effectually doing and performing the feveral duties by this aft required by them to be
done and performed, and on failure thereof by the faid feveral captains and officers
commanding companies aforefaid, the faid field-officers, or any of them, are hereby
directed and enjoined to caufe the feveral fines and penalties mentioned in this a£t to
be flrictly levied, and applied in the manner herein before mentioned.
12. And be it further enabled by the authority aforefaid^ That if any captain or persons sued
other officer, con (table, patrol man or other perfon, fhall be fued arretted or implead- th;sca<ac.myg
ed for any matter or thing which he fhall do, or caufe to be done, by virtue of or in raiLuV.' g?a?"
purfuance of this aft, it fhall and may be lawful for every fuch captain or other offi-
cer, conftable, patrol man or other perfon, to plead the general iffue, and give this
aft and the fpecial matter in evidence on the trial; and if a verdict, fhall pafs againft
the plaintiff or plaintiffs, or that fuch plaintiff or plaintiffs fhall fuffer a non-fuit, or
difcontinue his or their aftion or fuit, then and in every fuch cafe, the court where
fuch aftion fhall be depending fhall tax and allow to the defendant his or their double ISuffiSZf
cofts in every fuch fuit or action : Provided always. That this aft,, and every thing miTl**,
AH SLAVES AND PATROLS.
coatinuition. herein contained, fhall continue and be in force only for the term of three years, and
from thence to the end.of the next, feffion of the General Affembly, and no longer.
By order of the Commons Houfeof Affembly.
ALEXANDER WYLY, Speaker.
By order of the Upper Houfe.
JAMES HABERSHAM, Prefident,
Council Chamber, November 18, 1765.
JAMES WRIGHT,
An aft to amend and continue an aft for the eflablifliing and regulating patrols, and
Jor preventing any per {on from pur chafing provifions or any other commodities from,
or felling f itch, to any flave unlefs fuch flave fliall product a ticket from his or her ow-
ner, manager or employer.
rreambie. 1* ■ "IHTTHEREAS, the feventh and ninth claufes of the "Aft for the eflablifliing
\y/ and regulating patrols, and for preventing any perfon from purchafing
piovilions or any other commodities from, or felling fuch to any flave, unlefs fuch
(lave (hall produce a ticket from his, or her owner, manager or employer," do refer
to the acl of the General Affembly of this province, entitled " An a£t for the better
governing negroes and other Haves in this province, and to prevent the inveighling or
carrying away flaves from their mailers or employers," of which a£l his majefly hath
declared his royal difallowance and the feveral directions therein contained and to
which the faid firfl recited act doth refer, are thereby annulled and of non effect, by
which means many inconveniences have arifen, to remedy which, Be it enaftcd, That
carry firearm*, immediately fr°m a°d after paffrng of this act, it (hall not be lawful for any flave,
&c except in '.--." / A . ° '
certamcases. unlefs in the prefence of fome white perfon, to carry and make ufe of fire arms, or any
offenfive weapon whatfoever, unlefs fuch flave fhall have a ticket or licenfein writing,
from his mafler, millrefs or overfeer, to hunt and kill game, cattle, or mifchievous
birds, or beafts of prey, and that fuch licenfe be renewed once every week, or
unlefs there be fome white perfon of the age of fixteen years or upwards in the com-
pany of fuch flave, when be is hunting or mooting, or that fuch flave be actually car-
rying his mailer's arms to, or from his mafler's plantation by a fpecial ticket for that
.■■ purpofe or unlefs fuch flave be found in the day time actually keeping off birds with-
in the plantation to which fuch flave belongs, lodging the fame gun at night within
proww. the dwelling houfe of his mafler, miflrefs or white overfeer, Provided always, That no
flave mall have liberty to carry any gun, cutlafs, piflol or other offenfive weapon
abroad at any time between Saturday evening after funfet, and Monday morning be-
fore funrife notwithftanding a licenfe or ticket for fo doing.
patrols mav 2. And be it further enaftcd* That in cafe any or either of the patrols eflablifhed,
seize offensive J ~ i J . » . ,
tottse£ne"or to be eflablifhed within this province, by virtue of the faid act on fearching and
examining any negro houfe for offenfive weapons, fire arms and ammunition, mail
find any fuch, or in cafe any perfon fhall find any flave ufing or carrying fire arms or
other offenfive weapons contrary to the intent and meaning of this act, fuch patrol
or perfon or perfons may lawfully feize and take away fuch offenfive weapon, fire
arms and ammunition, but before the property thereof fhall be veiled in the perfon
weapons in
gro
SLAVES AKrD PATROLS. 4*5
' or perfons who fhall 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
true intent and meaning of this act, the faid juftice fhall by certificate under his hand
and feal declare them forfeited, and that the property is lawfully veiled in the perfon or
perfons who feized the fame. Provided always, That no fuch certificate (hall be grant- ProvIs#'
ed by any juftice of the peace, until the owner or owners of fuch five arms or other
offenfive weapon fo feized as aforefaid, or the overfeer or overfeers who fhall or
may have the charge of fuch flave or flaves from whom fuch fire arms or other of-
fenfive weapon fo taken or feized, fhall be duly fummoned to 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.
3, 4, and 5 Prohibit perfons from trading with negroes without a licenfe obtained
in writing, permitting the faid negroes to trade — re-ena£ted by a£t of 1770, fe&ions
31, 32, 33 — vide the next law.
6. And whereas, it'has been found that the number of perfons exempted in andTWfourth
by the fourth claufe in the faid a£t from the patrol duty, renders the faid duty very <rd°^rctpf(?!*
burthenfome upon the inhabitants in the town of Savannah, who are by law obli- jg™riandjn"mp
ged to perform the fame: Be it therefore enabled, That the faid fourth claufe fhall
not extend, or be conftrued to extend, to exempt the feveral perfons therein men-
tioned, being above the age of fixteen and under the age of fixty, and refiding in
the town of Savannah, or hamlets of Yamacraw, Ewenfburgh, and the Truftees'
gardens, the governor or commander in chief for the time being, and minifters of
the gofpel only excepted from being fubjeft to fuch patrol duty in the faid town of
Savannah and hamlets aforefaid, in the fame manner, and liable to the fame penal-
ties and forfeitures as in and by the faid recited a£t is particularly mentioned and de-
clared.
7. And in order to prevent the nightly diforders and riots in the town of Savannah, Night,y dis9r<
Be it further enabled, That every patrol appointed and to be appointed to do duty in^wtSVeprc,
the faid town by virtue of the faid acl, fhall be and they are hereby empowered in cafe vented'
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 diftricl of the faid patrol, calling never-
thelefs a lawful conftable to their affiftance before they fhall enter fuch tippling houfe,
tavern, or punch houfe, to apprehend and take into cuftody fuch white perfon or per-
fons, and him or them fafely to keep until the next morning, except fuch perfon or
perfons fhall be apprehended and taken in any fuch tippling houfe, tavern or punch
houfe, in which cafe the conftable fo called to the affiftance of fuch patrol fhall con-
tinue in the charge of fuch offender or offenders, when fuch patrol or patrols fhall
deliver fuch offender or offenders to the cuftody or charge of fome one of the confta-
bles appointed for the faid town, who are hereby directed to take charge of fuch of-
fender or offenders and convey him or them, at or before the hour of nine in the
forenoon of the fame day, to fome one of the juftices of the faid town, who upon proof
of fuch offence, fhall and he is hereby empowered to inflift a fine not exceeding ten fhil-
ings upon fuch offender or offenders,to be recovered by warrant under the hand and feal of
3H
4*6
SLAVES AND PATROLS.
Continuation
of this aft and
fuch juftice, and applied one half to the patrol who (halt apprehend, and the otto
half to the conftable, having charge of fuch offender or offenders.
8. And be it further enacted, That the faid before recited aft, and this act (hall con-
ifctfor^rpM. tinue and be in force for and during the term of one year, and from thence to the end
of the next feffion of the General Affembly and no longer, any thing in the faid reci-
ted aft, to the contrary thereof notwithstanding.
By order of the Commons Houfe of Affembly.
N. W. JONES, Speaker..
By order of the Upper Houfe.
JAMES HABERSHAM, Prcjichnl..
Council Chamber, December 24, 1768..
A (Tented to.
JAMES WRIGHT..
fecamble,
An all for ordering and governing flaves within this province, and for eflablijhing &1
jurifdiclionfor the trial of offences committed by fuch /laves, and other perfons there-
in mentioned, and to prevent the inveighling, and carrying away Jlavesjrom their
maflers, owners, or employers..
i.\ 7S, 7"HEREAS, from the increafing number of flaves in this province, it is ne-
V V ceffary as well to make proper regulations for the future ordering and go-
verning fuch flaves, and to afcertain and prefcribe the punifhment of crimes by
them committed, as to fettle and limit, by politive laws, the extent of the power of the
owners of fuch flaves over them, fo that they may be kept in due fubjettion and obe-
dience, and owners or perfons having the care and. management of fuch flaves, may
be retrained from exercifmg unneceffary rigor or wanton cruelty over them.
Therefore be it enacted, That all negroes, inclians, mulattoes, or muftizoes, who now
are, or hereafter fhall be in this province, (free Indians in amity with this government;,
and negroes,. mulattoes, or muftizoes, who now are or hereafter fhall become free ex-
cepted) and all their iffue and offspring born, or to be born, fhall be, and they are
hereby declared to be and remain forever hereafter abfolute flaves, and fhall follow the
condition of the mother, and fhall be taken and deemed in law to be chattels perfonal
in the hands of their refpeftive owners and poffeffors, and their executors, adminiftra-
tors and affigns, to all intents and purpofes whatfoever :. Provided always, That if
any perfon or perfons whatfoever, on behalf of any negro, Indian, mulatto, or muf-
tizoe, do apply to the chief juftice, or juiiices of his majefty's general court by peti-
tion, either during the fitting of the faid court, or before the chief juftice, or any of
fSfSm? the juft ices of the fame court, at any time in the vacation, the faid chief juftice, or
du'nrapSeu any of the faid jufticss, fhall be, and he and they is, and are hereby empowered to ad-
mit any fuch perfon, fo applying to be guardian for any negro, Indian, mulatto, or
muftizoe, claiming his or her freedom, at) d fuch guardian fhali 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 poffeffion of any fuch negro, Indian, mulatto* or muftizoe; and the defendant
or defendants, fhall and may plead the general iflue on fuch aftion brought, and the
fpecia! matter may and fhall be given in evidence, and upon general or fpecial ver-
dift found, judgment fhall be given according to the very right of the caufe, without
Tfavfc*.
SLAVES AND PATROLS. 4*7
liaving any regard to any defeft in the proceedings, either in form or fubftance, and if
judgment fhall be given for the plaintiff, a fpecial entry fhall be made, declaring that
the ward of the plaintiff if free, and the jury fhall affefs damages which the plaintiff's
waVdhath fnitained, and the court mall give judgment and award execution againft
the defendant, for fuch damages, with full colts of fuit, but in cafe judgment {hall be gi-
ven for the defendant, the faid court is hereby fully empowered to inflict fuch corporeal
punifhment, not extending to life or limb, on the ward of the plaintiff as they in their dif-
cretion fhall think fit : Provided always, That in any aclion or fuit, to be brought in ftV^9.
purfuance of the direction of this aft, the burthen of the proof fhall lie on the plaintiff,
and it mail always be prefumed that every negro, Indian, mulatto, or muftizoe, (ex-
cept as before excepted) is a (lave, unlefs the contrary can be made appear.
2. And be it, further enabled, That in every aclion or fuit to be brought by anymore
fuch euardian as aforefaid, appointed purfuant to the direction of this acl, the defen-§^rdi.;n,c!a,
O ?rr r %> • i 1 - fendant must
dant {hall enter into a recognizance, with one or more fufficient fureties, to the plain- £°rd^f $f
tiff, in fuch fum as die faid general court fhall direel, with the condition that he fhall p1*111^-
produce the ward of the plaintiff at all times when required by the court, unlefs fuch
defendant fhall prove upon oath to the fatisfaclion of the faid court, his inability to
produce fuch ward, and that whilft fuch aclion or fuit fhall be depending and unde-
termined, the ward of the plaintiff fhall not be abufed or mifufed.
3. And for the better keeping flaves in due order and fubjeBion, Be it further
mailed, That no perfon whatfoever fhall permit or fuffer any flave under his or permit their
' r Jt / staves to ro osi
their care or management, and who lives or is employed in any town in this province, of the limits
o ~ I J J I ' herein men-
to go out of die limits of the faid town or towns, or any fuch flave who lives in the £°?cc^with^
country, to go out of die plantation to which fuch flave belongs, or in which plan-
tation fuch flave is ufually employed, without a ticket figned or fubferibed by the
mafter or other perfon having the care or charge of fuch flave, or by fome other
perfon by his or their order, direction' and confent; and every flave which fhall be
found out of any town in this province, if fuch flave lives or is ufually employed
there, or out of the plantation to which fuch flave belongs, or in which fuch flave is
ufually employed, if fuch flave lives in the country, without a ticket as aforefaid, or
without a white perfon in his or her company, fhall be punifhed with whipping on
the bare back, not exceeding twenty lafhes.
4. And be it further enacted, That if any perfon or perfons fhall prefume to givef^^****
a ticket or licenfe to any flave who is the property or under the care or charge of ano- without°con^
ther, without the confent of the owner or other perfon having the charge of fuch 0w„e4thaaf
flave, he, flie 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 ahfence of fuch
flave.
5. And be it further enabled, That if any flave, who fhall be out of the houfe or siaves-.bej« .
plantation where fuch flave doth live, or is ufually employed, or without fome white wire^thefuvo
perfon in company with fuch flave, fhall refufe to fubmk to the examination of any tj^itd(w>w
■white perfon, it fhall be lawful for any fuch white perfon to purfue, apprehend and frc$*s
moderately corre6t fuch flave, and if fuch flave (ha':l affault and ftrike fuch white perfon,
fuch flave may be lawfully killed. Provided always, That proof be made of fuch af-
fault, or ftriking as aforefaid, to the fatisfacliori of any two ju dices of the peace, and
feven freeholders, to be fummoned for that purpofe; and if fuch proof cannot be
made to the fatisfaclion of the faid ju ft ices and freeholders, then and in fuch cafe.,
the perfon or perfons killing fuch flaye fhall forfeit and pay to the owner the value of
fuch flave fo killed, to be afcertained on oath by tiie faid juftices and freeholders.,
I
428 SLAVES AND PATROLS.
and to be recovered, if exceeding the fum of eight* pounds, in the general court of
pleas in this province; and if not exceeding the fum of eight pounds, to be recover-
ed by the faid juftices by warrant of diftrefs and fale of the offender's goods; and in
cafe no goods can be found whereupon to levy fuch diftrefs, then the offender or of-
fenders fhall be committed by the faid juftices to the common jail, thereto remain
until the faid value fhall be paid, or for any time not exceeding fix months.
ftmaitieson. 6. And he it further enatted, That if any flave who fhall be employed in the lawful
suvwin thc;-^ bufinefs or fervice of his mafter, owner, overfeer, or other perfon having the charge
their masters, of fuch flave, fhall be beaten, bruifed, maimed or difabled, by any perfon or perfons
not having fufficient caufe for fo doing (of which caufe any jufbce of peace refpeft-
ively may judge) every perfon and perfons fo offending, fhall for every fuch offence
forfeit and pay the fum of five fhillings fterling, over and befides the damages herein
after mentioned, to the ufe of the poor of the parifh in which fuch offence fhall be
committed; and if fuch flave or flaves fhall be maimed or difabled by fuch beating
from performing his or her work, fuch perfon or perfons fo offending fhall alfo for-
feit to the owner of fuch flave, his or her lawful attorney, a fum not exceeding two
fhillings for every day of his loft time, and alfo the charge of the cure of fuch flave,
and fatisfaftion fhall alfo be made to the owner for the damage done to fuch flave,
and the damage to be afcertained by two freeholders of the neighborhood, one to
be named by the owner, or his or her attorney, and the other by the offender; and
in cafe the faid offender will not name one freeholder on his part, then fuch freehold-
er to be named by any juftice to whom the party aggrieved fhall apply; and the faid
penalty and damages fhall, upon lawful proof thereof made, be recoverable before
any one of his majefty's juftices of the peace; and fuch juftice before whom the lame
fhall be recovered, fhall have power to commit the offender or offenders to jail, if
he, flie or they, fhall produce no goods on which the faid penalty and damages may
be levied, there to remain until fuch penalty and damages mall be paid, any law, fta-
tute, ufage or cuftom to the contrary notwithstanding.
IriavelTowto 7' -And wherzm the frequent meeting and affembling of flaves under the pretence of
kedispersed. feafting may be attended with dangerous confequences; Be it further enafled. That
it fhall and may be lawful for every juftice affigned to keep the peace in this province
" within his refpeftive parifh, upon his own knowledge or information received, either
to go in perfon, or by warrant or warrants directed to any conftable or other perfon,
to command their affiftarice 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 perfon as aforefaid,
are hereby authorized and empowered to fearch all fufpecled places for arms, ammu-
nition, or ftolen goods, and to apprehend and fecure all fuch flaves as they fhall fuf-
pe£t to be guilty of any crimes or offences whatfoever, and to bring them to fpeedy
trial according to the dire&ion hereafter given by this att : And in cafe any conftable
or other perfon fhall refufe to obey or execute any of the warrants or precepts of fuch
juftices or any of them within their feveral parifhes, or fhall refufe to affift the faid
juftice or conftable, or any of them, when commanded and required, fuch perfon and
perfons fhall forfeit and pay for every fuch offence a fum not exceeding five pounds
* Juftices' jurifdiQion confined to thirty dollars
o.L,.a v iLd jyl\u ri\ 1 j^wi^. 429
fterling, to be recovered by a warrant under the hand and leal of any other juftice of
the peace.
8. And be it further enacted. That upon any complaint bein^ made to, or infor- Triaiofsiaves
■J 7 lji . , cominitLii.c of*
mation received, by any juftice of the peace, of any offence being committed by any fence*.
Have orflaves within the parilh where fuch juftice is empowered to a£t, fuch juftice
ihall commit fuch flave or flaves to the workhoufe, if any, or to the fafe cuftody of
any conftable of the faid parifh, and fhall without delay, by warrant under his hand
and feal, give notice of fuch commitment to any two or more of the neareft juftice or
juftices of the peace in the faid parifh, toaftociate with him, and by the fame warrant
fhall fummons a jury of not lefs than feven of the neighboring freeholders, to meet to-
gether with the faid juftices at a certain time and place to be by them appointed, not
exceeding three days after the apprehending and committing of luch flave or flaves as
aforefaid, (unlefs it fhall appear neceffary for the faid juftices, either for want of fuf-
ficient and pofitive proof or any other fufficient reafon to delay the fame,) and the juf-
tices and jury fo affembled fhall caufe the flave or flaves accufed or charged as afore-
faid, to be brought before them, and fhall hear the accufation brought againft fuch
flave or flaves, and his or her defence, and proceed to the examination of witneifes
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 offender
fhall be convifted of any crime not capital, the faid juftices or any two of them, fhall
give judgment for the inflicting any coporeal puniihment, not extending to the taking
away life or member, as they in their difcretion fhall think tit, and fhall award and caufe
execution to be done accordingly ; and in cafe fuch offender fhall be convicted of any
crime for which by law he or fhe ought to luffer death, the faid juftices or any two of.
them fhall give judgment and award execution of their fentence, by directing fuch man-
ner of death, and at fuch time, as the faid juftices with a majority of the jury fhall
think moft convenient, and which they fhall judge moft effectual to deter others from
offending in like manner. Provided neverthelefs, That in cafe the owner, truftee or ftovisa,
other perfon fhall give fufheient fecurity to the faid juftices for the forth coming of
fuch negro or negroes, and of all expences that may attend fuch delay, then the faid
execution of fuch fentence fhall not be carried into effed, 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, verdift and judgment thereupon, before the governor or comman-
der in chief for the time being, and his pleafure be known thereon.
9. And be it further enacted, That as foon as the juftices and jury fhall be aflem- oathtobeta*
bled as aforefaid, in purfuance of the direction of this ^ct, the faid jury fhall take <»« tn« ^ of
the following oath; u I, A. B. do folemnly fwear, in the prefe.nce of Almighty God,
that 1 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/'
10. And for preventing the concealment of crimes and offences committed by
(laves, and for the more effectual difcovery and bringing flaves to condign punifh-
ment, Be ii further enacted, That the evidence of any free Indians, mulattoes, muf-?vjdence*0^
1 J ' J j ~ taken against
tizoes, or negroes, or flaves, fh all be allowed and admitted in all caufes whatfoever, sUvtB-
for or againft another flave, accufed of any crime or offence whatfoever ; the weight
of which evidence, being ferioufly conhdered and compared with all other circum-
ftanses attending the cafe, fhall be left to the juftices and jury.
11. And whereas, flaves may be harbored and encouraged to commit offences, and
concealed and received by free negroes? and fuch free negroes may eicape the punifh-
J
430 SLAVES AND PATROLS.
ment due to their crimes for want of fufficient and legal evidence againft them t Beit
Evidence ad- therefore further enacted. That the evidence of any free Indian or (lave mail in like
free negroes, manner be allowed and admitted in all cafes againft any free negroes, Indians (free
Indians in amity with this government excepted) muiattoes or muftizoes, and all
crimes and offences committed by free negroes, Indians (except as before ex-
cepted) muiattoes or muftizoes, (hall be proceeded and tried by the juftices and jury
appointed by this aS for the trial of fiaves, in like manner as is hereby directed for
the proceedings and trial of crimes and offences committed by fiaves, any law, fta-
tute, ufage or cuftom to the contrary notwithftanding.
certain «rimes i2. And be it further enafied, That the feveral crimes and offences herein after
declared itlony • 1 1 l i l 1 1 i 1 ' ' i> '
kv this act. particularly enumerated, are hereby declared to be felony, that is to fay, if any
{lave, free negro, Indian, mulatto or muftizoe (Indians in amity with this govern-
ment excepted) flia.ll be guilty of homicide of any fort upon any white perfon, ex-
cept by mifadventure, or in defence of his or her owner or other perfon under whofe
care and government fuch Have mall be, or (hall raife or attempt to raife any infur^
reftion, or commit or attempt to commit a rape on any white perfon whomfoever,
every fuch offender and offenders, his and their aiders and abettors, fhall, upon con-
viction thereof, fuffer death; or if any flave, free negro, Indian, mulatto or muftizoe,
-(except as before excepted) fhall wilfully and malicioufly kill any flave or other per-
fon as aforefaid, or fhall break open, burn or deftroy any dwelling houfe or other
building whatfoever, or fet fire to any rice, corn or other grain, tar-kiln, barrel or
barrels of pitch, tar, turpentine, rohn, or any other goods or commodities whatfo-
ever, or fhall fteal any goods or chattels whatfoever, or delude or entice any Have
or fiaves to run away, whereby the owner or owners of fuch flave or fiaves fhall or
wrould have loft or been deprived of fuch flave or fiaves, every fuch Have and flave?,
and his and their accomplices, aiders and abettors, fhall, upon conviction as afore-
faid, fuffer death, or fuch other punifliment as the faid juftices and jury fhall in their
previse difcretion think fit: Provided, That fuch flave fhall have actually prepared provi-
fions, arms, ammunition, horfe or horfes, or any flat, canoe, or other vefiel, or
done any other overt acl, whereby fuch their intentions fhall be manifefted.
13. And whereas, the deteftable crime of poifoning hath frequently been commit-
poisoningorbe- ted by fiaves : Be it therefore enacted, That not only fuch negroes, muiattoes or muf-
tSoTdecL tizoes, as fhall adminifter poifon to any perfon or perfons, whether free or bound,
but alfo all and every negro, mulatto or muftizoe, who fhall furnifh, procure or
convey any poifon to be adminiftered to any flave or fiaves, or to any perfon or per-
fons as aforefaid, and alfo all fuch negroes, muiattoes and muftizoes, as fhall be pri-
vy (and not reveal the fame) to the furnifhing, procuring or conveying any poifon
to be adminiftered to any perfon or perfons as aforefaid, fhall be deemed and ad-
judged, and all and every of them are hereby declared to be felons, and fuffer death
in fuch manner as the perfons appointed by -this aci for trial of fiaves fhall adjudge
and determine.
14. And for the encouragement of fiaves to make difcovery of the defigns of
suve, ivis otners to poifon any perfon, Be it enabled, That every negro, mulatto or muftizoe,
Mvrd«ieantrf wno w a^ hereafter give information of the intention of any other flave to poifon
hi rewarded10 anv perfon, or of any flave that hath furnifhed, procured or conveyed any poifon
to be adminiftered to any perfon, fhall, upon conviftion of the offender or offend-
ers, be entitled to and receive from the public of this province, a reward of twenty
(hillings, to be paid him or her by the treafurer yearly and every year, during the
abode of fuch negro, mulatto or muftizoe in this province, on the day that fuch cUfcove-*
SLAVES AND PATROLS. 431
ry was made, and fhall alfo be exempted from the labor of his or her matter on that
day; and every juftice, before fuch information and conviction is made, is hereby
required to give a certificate of every l^ich information, which certificate fhall entitle
the informant to the reward aforefaid: Provided always neverthelefs, That no flave Pravu*.
fhall be convicted upon the bare information of any other flave, unlefs fome cir-
cumftance or overt act appear, by which fuch information fhall be corroborated to<
the fatisfaftion of the faid juftices and jury.
ik And provided alfo. and be it further enabled, That in cafe any fl'aves fhall be MaWrvtag
O ' £ ■ r \r ■ c • IT in l r r f,llse ""ornal-r
convicted ot having given falle information, wnereby any other Have may have iui- tion.hwto^
fered wrongfully* every fuch falfe informer fliall be liable to and fuffer the fame pu-
niflimerit as was inflicled upon the party accufed, any lav;, ufage or cuftora to the
•contrary notwithftanding..
16. And be it further enabled. That in cafe any flave fliall teach and inftruft ano--SI(Vateashto„
ther flave in the knowledge of any poifonous root, plant, herb, or other fort of a ^Siua'a*
poifon whatever,, he or fhe offending fliall,. upon conviction thereof, fuffer death as ^ \^ht
a felon; and the flave or Haves fo taught or inftru&ed, fhall fuffer fuch punifhment, LhS:a.ll>un''
not extending to life or limb, as fhall be adjudged and determined by the juftices and
jury, before whom fuch flave or Haves fhall be tried.
17. And be it further enabled, That no negroes or other flaves fhall hereafter be slaves giving
fuffered or permitted to adrninifter any medicine or pretended medicine to any other H,«iu"«0un-
(lave, but at the inftance or dire6tion of fome white perfon owning or having the care If/a whiteePe?-n'
and management of the flave, to whom the fame is to be adminiftered; and in cafe IT^oL^m^
any negro or other flave fliall offend herein, he or fhe fliall, upon complaint and"'
proof thereof made, to any juflice of the peace, fuffer corporeal punifhment not ex-
ceeding fifty ftripes.
18. And in order to difcourage any owner of flaves from concealing any crime
committed by fuch flaves to the prejudice of the public welfare, Be it further enabled, j;'a [ifv;exte0c^e*-
That in cafe any flave fhall be put to death in purfuance of any fentence awarded by »ppra5sed-
direction of this acl, 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 fliall be certified to the treasurer of this province,
who is hereby authorized to pay the fame to the owner of fuch flave or his order,*
Provided, fuch appraifement and valuation does not exceed the fum of forty pounds Ho7to°excee&
fterling for any one flave. And provided alfo, That fuch flave or flaves at the time of Proviso!1"' *'
the committing the crime for which he, fhe or they, fhall be fo fentenced, fnall clearly ap-
pear to have been the property of an inhabitant of this province, or of fome perfon
having a fettled plantation therein whereon fuch Have or flaves at the time the faid
crime was committed, was or were employed.
19. And be itfurther enabled? That the faid juftices or any of them are hereby au- AUper30ns
thorized, empowered, and required, to fummon and compel all perfons whatfoever ^'evidence0
to appear and give evidence upon the trial of any fiave, and if any perfon fhall neg- °^i tml of
left or refufe to appear, or appearing fhall refufe to give evidence, or if any mafter
or other perfon who has the care and government of any flave, fhall prevent and hin-
der any flave under his charge and government from appearing and giving evidence
in any matter depending before the juftices and jury as aforefaid, the faid juftices may,
and they are hereby fully empowered and required, upon due proof made of fuch
fummon being ferved, to bind every fuch perfon offending as aforefaid, by recognir
* Repeal^by adof 1793, feft. 3*
•
432 SLAVES AND PATROLS.
zance with one or more fufficient fureties, to appear at the next general court to an-
fwer fuch their offence and contempt, and for default of finding fureties to commit luch
offenders to prifon, for any term not exceeding the fpace of two months.
Meters con- 20. And be it Juriher enabled , That in cafe the inailer or other perfon having
sfavesSaccused charge or government of any flave who mould be accufed of any capital crime, fhall
crimtto for- conceal or convey away any fuch fiave, fo that he cannot be brought to trial and con-
feit two hiiti- •■,'''*■'* -
dred pounds, if dien punifhment, every mafler or other perfon fo offending, fhali forfeit a fum not ex-
not capital . 1 ' i •
twentypounds. ceeding two hundred pounds fterling, if fuch flave be accufed of a capital crime as
aforcfaid ; but if fuch flave be accufed of a crime not capital, then fuch mafler or
other perfon fhall only forfeit a fum not exceeding twenty pounds fterling, to be paid
to the treafurer for the ufe of the public.
""we'tnex"". 21- ^n^ &e it further enabled ', That all and every the conflable and conftables in
fcesp&Kdw" tne l^veral parifhes within this province where any flave fhall be fentenced to fuffer
sfaves. death, or other punifhment, fliall caufe execution to be done of all the orders, warrants,
precepts and judgments of the juflices hereby appointed, to try fuch flaves for the
charge and trouble of which the Laid conflable or conftables rcfpeclively fliall be
paid by the public, unlefs in fuch cafes as fliall appear to the faid juftice or juflices
to be malicious or groundlefs profecutions, in which cafes the faid charges fhall be
paid by theprofccutors, for whipping or other corporeal punifhments not extending
to life, the fum of five fhillings, and for any punifhment extending to life, the fum of
fifteen fliillings, and fuch other charges for keeping and maintaining fuch flaves, as
are by the aft for creeling the workhoufe appointed; for the levying of which char-
ges againfl the profecutor, the juflices are hereby empowered to ifiue their warrant,
and that no delay may happen in caufing execution to be done upon fuch offending
flave or flaves, the conflable who fliall be directed to caufe execution to be done, fliall
be and he is hereby empowered to prefs one or more flave or flaves in or near the
place where fuch whipping or other corporeal punifhment fhall be inflicted, to whip
or inflift fuch other corporeal punifhment upon the offender or offenders; and fuch
flave or flaves fo preffed fliall be obedient to, and obferve all the orders and directions
of the conflable in and about the premifes, upon pain of being punifhed by the faid
conflable by whipping, on the bare back not exceeding twenty lafhes, which punifh-
ment the faid conflable is hereby authorized and empowered to inflift; and the con-
flable fliall, if he preffes a negro, pay the owner of the faid negro two fhillings out of his
fee, for doing the faid execution ; and in cafes capital fliall pay to the negro doing the
faid execution, the fum of two fliillings over and above the faid fee to his owner.
Saves not to 22. And' be it further enabled, That it fhall not be lawful for any flave to carry
cx^t«ahere.and make ufe of fire arms, or any often five weapon whatfoever, unlefs there be
fome white perfon of the age of fixteen years or upwards in the company of fuch
flave when he is hunting or flio6ting, or unlefs fuch flave be found in the daytime,
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
mafler, miftrefs or white overfeer; and in cafe any perfon fliall find any flave ufing
or carrying firearms or other often five weapon contrary to the true intention of this aft,
fuch perfon may lawfully feize and takeaway fuch often five weapon or fire arms; but
before the property thereof fliall bevelled in the perfon who fhall feize the fame, fuch
perfon fhall, within forty-eight hours next after fuch feizure, go before the next juf-
tice of peace, and fhall make oath of the manner of the taking thereof; and if fuch
juftice of the peace, after fuch oath, fliall be made3 or if upon any other examination^
in pointed out.
SLAVES AND PATROLS. 438
he fhall be Satisfied that the faid fire arms or other offenfive weapons mail have been
feized according to the directions, and agreeable to the true intent and meaning of this
aft, the laid juftice fhall by certificate, under his hand and feal, declare them forfeited,
and that the property is lawfully veiled in the perfon who feized the. fame : Provided ttnu*.
always, That no fuch certificate mall be granted by any juftice of the peace until the
owner or owners of fuch fire arms or other offenfive weapon To feized as aforefaid,
or the oyerfeer or overfeers who (hall or may have the charge of fuch (lave or (laves
from whom fuch fire arms or other offenfive weapon fo taken or feized, (hall be duly
fummoned, to (hew caufe why the fame fhould not be condemned as forfeited, or un-
til forty-eight hours after the fervice of fuch fummons, and oath made of the fervicc
thereof, before the faid juftice.
2Q. And be it further enabled. That if any (lave fhall prefume to ftrike any white «i«e« itrSdag
r r 1 n J ■ i i • o ■' - l r I ■' n.- -a' J* any white per-
peiion, fuch Have upon trial and conviction, before thejuitice orjuitices according ^ju^to*
to the direction of this acl, fhall for the firft offence fuffer fuch punifhrnent as the
faid juftice or juftices fhall in his ortheir difcretion think fit, not extending to life or
limb; and for the fecond offence fuffer death : But in cafe any fuch flave fhall griev-
oufiy wound, maim or bruife any white perfon, though it (hall be only the firft of-
fence, fitch (lave fhall fuffer death. Provided always, That fuch linking, wound- Pv8Tl5*;
ing, maiming or bruifing be not done, by the command, and in the defence of the
perfon or property of the owner or other perfon having die care and government of
fuch (lave, in which cafe the (lave (hall be wholly excufed, and the owner or other
perfon having the care and government of fuch (lave, (hall be anfwerable as if the
£cl had been committed by himfelf.
24. And be it further enacted, That it fhall and may be lawful for every perfon to nun„„r-
take, apprehend and fecure any runaway or fugitive Have, and they are hereby di- uvewdtobSi?"
reeled and required, within forty-eight hours after fuch taking, apprehending and fe-r mentioned.61*
curing (otherwife fuch perfon to be conftrued and taken as a harborer of fuch runa-
way or fugitive flave) to fend fuch flave, if convenient, to the mafter or other per-
fon having the care and government of fuch (lave, if the perfon taking up or fecur-
ing fuch flave, knows, or can without difficulty be informed to whom fuch (lave be-
longs, or fuch flave (hall 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 mailer or other perfon who has the care or government of fuch flave, fhall pay
for taking up fuch (lave, whether by a free perfon or (lave, the fum of five (hillings
Sterling, and the mafter of the workhoufe or conftable, upon receipt of every fugi-
tive or runaway (lave, is hereby direcled and required to keep fuch flave in fafe cuf-
tody until fuch flave fhall be lawfully discharged, and (hall, as foon as conveniently it
may be, advertife fuch flave in the public gazette, and alfo in the moll public place
in the parifh where fuch (lave fhall be taken up, with the bed defcription he fhall be
able to give, firft carefully viewing and examining fuch (lave for any brand or mark,
which he fhall alfo advertife, to the intent the owner or other perfon who (hall have
the care and charge of fuch flave may come to the knowledge that fuch flave is in
their cuftody; and if fuch flave dial 1 efcape through negligence, and cannot be taken
up in three months, the faid perfon (hail anfwer to the owner for the value of fuch
flave, or the damages which the owner fhall fuilain by reafon of fuch efcape, as the
cafe fhall happen.
25. And be it further enacted, That the faid mafter of the workhoufe or con ft a- si*™ to b«
Biai nt .lined at
ble fhall, at theucharge of the owner of fuch flave, provide fufficient food, drink* "«»>«i« »f
• t * ' ^ Q» swiff*,
434 SLAVES AND PATROLS.
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 advertife as before
directed, the fum of three (hillings.
persons taking 2.6. AndM it further enaEUd, That if any perfon fhall take up any runaway flave,
"ea'tonve-11' and fhall deliver fuch flave either to the mailer or oiher perfon having the care and
Account tThc" charge of fuch flave, or to the conftable of the parifh, or the mafter of the work-
vcVrevofnsiaves houfe, fhall be entitled to receive from the owner, or conftable of the parifh, or the
•f the work- mafter of the workhoufe, twopence per mile for every mile fuch flave fhall have been
stable. brought or fent, to be computed from the place where fuch flave was apprehended;
and if fuch flave fhall be delivered into the cuftody of the conftable of the parifh
aforefaid, or the mafter of the workhoufe, the perfon delivering fuch flave fhall give
an account of his name, place of abode, and the time and place when and where fuch
flave was apprehended; which account the faid conftable or mafter of the workhoufe
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 con-
ftable or mafter of the workhoufe is hereby fully authorized and empowered to de-
mand 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 mafter's, any
t«6fthew?r£ turn not exceeding eighteen fhillings, and the feveral funis following, and no other
subk.^^'fum, fee or reward, on any pretence whatfoever, that is to fay: that for apprehend-
ing each flave, paid to the perfon who delivered fuch flave into cuftody, five fhillings;
for mileage, paid to the fame perfon, twopence per mile; for a fufficient quantity of
provifton for each day for each flave, fixpence; for advertising every flave as direct-
ed by this a c\ three fhillings and fixpence; for receiving each flave, fixpence; for
poundage on money advanced, one milling in the pound: and the faid conftable or
mafter of the workhoufe fhall and may lawfully detain any flave in cuftody, until
the fees and expences aforefaid be fully paid and fatisfied; and in cafe the owner of
fuch flave, or his overfeer, agent, manager, attorney ortruftee, 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 abfent from this province) upon his overfeer, agent, manager, attorney or
truftee, the faid conftable or mafter of the workhoufe fhall and may expofe any fuch
{lave to fale at public outcry, firft giving ten days' notice of fuch fale, and after de-
ducting the [ees and expences aforefaid, and the charges of fuch fale, the overplus
money arifmg from fuch fale to be lodged in the hands of any one juftice of the pa-
rifh 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.
Penalty en con- 27- And be it, further enabled, That if any conftable, or the matter of the work-
So^"™*- houfe fhall refufe to take into his or their cuftody any fugitive flave or flaves, and to
^'ecfofdutV do and perform all the feveral fervices and duties required by the foregoing claufe,
'£taeU' fuch conftable or mafter of the workhoufe (hall forfeit a fum not exceeding twenty
pounds fterling, one half to be paid to the owner of fuch flave, and the other half to
the poor of the parifh ; fuch fine to be recovered on proof being made of fuclj
offence being committed.
28. And for as much as for want of knowing or finding the owners of any fugitive flave
to be delivered to him as aforefaid, the faid conftable or mafter of the workhoufe may not
be obliged to keep fuch flave in his cuftody, and find and provide provifi<§fts for fuch flaves
over and beyond a reafonable time : Be it therefore mailed; That if the owner or owners
SLAVES AND PATROLS. 435
of fuch fugitive flaves fliall not, within the fpace of fix days from the time of adver- s!««hot .
tifinsr, make his, her or their claim or claims, or it fhall not be otherwife made ^yikfrera'd-
o * vcrtis'.nt1" to he
known to the faid conftable or mailer of the workhoufe within the time afore faid, to <.•'"'!-«' ^
whom fuch committed Have (hall belong, the faid conftable fhall commit tne faid (lave to
thecuftody of the mailer of the workhoufe in Savannah, who (hall give a receipt
for the fame, and pay the conftable his fees and expences, as directed by this act ;
and the faid matter of the workhoufe fir alt, immediately and conftantly, advertifein
the gazette of this province for the fpace of eighteen months, and if not claimed in
that time, it (hall be lawful for the faid mafter of the workhoufe to fell fuch (lave at a
public outcry, he firft advertifing fuch fale, together with the reafons thereof, and out
of the money arifing from fuch flave to deduct or retain to himfelf what mall be then
due for money by him diiburfed on receipt of fuch fugitive flave, and for his fees and
provifions, together with the reafonable charges arifing by fuch fale ; and the over-
plus money, if any, fliall be rendered and paid by the faid mailer of the workhoufe to the
treafurer ofthe province for the time being, in truft, neverthelefs for the ufeof 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 ofthe general tax for any fum or fums which fnall or may have
been paid for negroes publicly executed, Provided neverthelefs. That on fufficient Prav!s(fi
proof of the property being in any perfon or perfons, at any time, the public fliall
be liable to, and repay the fame.
29. And be it further enacted, That if any free perfon or any flave fhall harbor, Persons narboi--
conceal, or entertain any flave that fliall runaway, or fliall be charged or accufed of l"av«"hw7to
any criminal matter, every free negro, mulatto, and muftizoe, and every flave that
fhall harbor, conceal or entertain any fuch flave, being duly convicted thereof ac-
cording to the direOion of this a8, if a flave fhall fuffer fuch corporeal punifhment,
not extending to life or limb, as the juflice or juftices who fliall try fuch flave fliall in
his or their discretion think fit; and if a free perfon, fliall forfeit the fum of thirty fliil-
Jings for the firft day, and three fhillings for every day fuch flave fliall have been ab-
fentfrom his or her owner or employer, to be recovered and applied as in this acl here-
after is direcled.
30. And be it further enabled, That if any perfon fliall be maimed, wounded or *«»ncs f™**
difabled in purfuing, apprehending or taking any flave that is fugitive, or charged t,^c"£°"0(;fc
with any criminal offence, or in doing any other act, matter or thing, in obedience to, J§^dblfc!'y
or in purfuance ofthe direction of this act, he fhall receive fuch reward from the pub-
lic as by the General Affembly fhall bethought fitting and proper; and if any fuch
perfon mall be killed fuch reward fhall be given and paid to his heirs, executors or
adminiftrators.
31. And be it further enabled, That if any retailer of flrong liquors, or any other Penalty on per-
perfon or perfons, fhall give or felhto any flave any beer or fpirituous liquors what- beeV&c.V'
ibever, without the licenfe or confent ofthe owner or fuch other perfon who fliall have •»««&.
the care or government of fucli flave, every perfon fo offending fhall forfeit a fum
not exceeding five pounds fterling for the firft offence, and for the fecond offence
ten pounds fterUng, and fhall be bound in a recognizance in the fum of twenty pounds
fterling, with one or more fufficient fureties before any one of the j uftices of the peace for
theparifh where fuch offence fliall be committed, not to offend in like manner, and to
be of good behaviour for one year; and for want of fuch fufficient fureties to be com*
mitted to the nearer! common jail for a term Rot exceeding three months.
2
43^ SERVANTS, NOT SLAVES;
32. And whereas many perfons purchafe provifions and other commodities from
flaves, by which the owners of fuch Haves are and may be great fufferers, fhould fuch,
penalty on per- pernicioiics practices continue, Be it therefore enacted, That'immcdiately from and af-
tons dcaliuc *■ •-* *
ytitiii,iave*,&c.ter the palling of this aft, any perfon or perfons whatfoever who [hall purchafe from,
or fell to, for money or barter with any flave or flaves for any fort of provision or other
commodities whatfoever, unlets fuch fiave or flaves mail produce a ticket from his, her
or their employer, owner or manager, allowing fuch flave or (laves to difpofe of fuch
money, or purchafe or fell fuch provifion or commodity, fhall upon conviction
thereof, before any one or more juflice or juflices of the peace for the parifti M'here
fuch offence (hall be committed, forfeit a fum not exceeding ten pounds, to be appli-
ed one half to the poor of the faid parifh, and the other half to the informer, and fhall
find fufficient fecurity for his, her or their good behaviour for twelve months ; and in
cafe of refufal to pay fuch penalty or find fuch fecurity, then and in fuch cafe he, fhc
or they, fhali be by the faid juflice or juflices committed to the neareft common jail,
there to be and remain for and during the fpace of three months. Provided always?
..ty»»ia». That it fhall and may be lawful for any Have who lives, or is actually employed, in
or near any town in the province to buy and fell fruit, nfh, and garden (luff, and to
purchafe any thing for the ufe of their owner, manager or employer, in open market,
under fuch regulations as are or may by law be made and appointed concerning the
market in fuch town or towns.
qq. And whereas it may in manv cafes be difficult to procure fufficient evidence or
Ividence ad- r r r 1 rr 1 • ■ 1 r> ■ ; r -t 1 r-m 1
aii^ii.icagainst proof ol iucn offences beimj committed, Be it therefore enacted, I hat where any
such otfeiuUis. r P . ' . . '
flave or flaves fhall declare, before any one or more juflice or juflices of the peace,
(of the probability of which declaration fuch juflice or juflices are hereby allowed to
judge) that any perfon or perfons whatever are or have been guilty of fuch offen-
ces, it fhall 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 fatisfaction of fuch juflice or juflices, that he or fhe is not
guilty of fuch offence.
rtnakvonow. 34- And be it further enabled, That no owner, mafter or miflrefs of any flave, af-
vcrmittin"" ter the palling of this afcf, fhall permit or fuffer any of his, her or their flaves to go
mit'ukhou't^ and work out of their refpective houfes or families without a ticket in writing under
the pain of forfeiting the fum of thirty {hillings flerling for every fuch offence, to be
paid the onehalf to the juflices 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 (hillings flerling for each
few-m. (jay ne f0 employs fuch flave ever and above the wages agreed to be paid fuch
flave for his work. Provided neverthelefs, That the faid penalty of fifteen (hillings
each day fhall not extend to any perfon whofe property in fuch Have is difputable.
35. And whereas feveral owners of flaves may peimit them to keep canoes, and to
breed and raife horfes and neat cattle, and to traffic and baiter in feveral parts ofthis
province for the particular and peculiar benefit of fuch flaves, by which means they may
have not only an opportunity of receiving and concealing flolen goods, but to plot
Tinots'tc °r anc* confederate together and form confpiracies dangerous to the peace and fafety of
/o,pthbirovn3 tne whole province, Be it therefore enabled, That it fhall not be lawful for any flave
U^ed*blet0'be f° to buy, fe^ trade, traffic, deal or barter for any goods or commodities, (except as
before excepted) nor fhall any flave be permitted to keep any boat, perriagua or ca-
noe, or to raife, breed or keep, for the ufe and benefit of fuch flave, any horfes;
SLAVES AND PATROLS. 437.
mares, and neat cattle, under pain of forfeiting all goods and commodities which fhall
be fo bought, fold, trafficked, traded, dealt or bartered for by any Have, and of all
the boats, 'pcrriaguas, canoes, horfes or cattle which any Have mall keep, raife or
breed for the peculiar ufc, benefit and profit of fuch (lave; and it fhall and may be
lawful for any perfon or perfons whatfoever to feize, and take away from any (lave,
all fuch goods, commodities, boats, perriaguas, canoes, horfes, mares or neat cattle,
and to deliver the fame to any juftice of the peace nearer! to the place where the feiz-
ure fhall be made; and fuch juftice fhall take the oath of fuch perfon who fhall make
any fuch feizure, concerning the manner offeizing and taking the fame, and if the
faid juftice fhall be Satisfied that fuch feizure hath been made according to the direc-
tions of this aft, he fhall pronounce and declare the goods fo feized as aforefaid, to
be forfeited, and {hall order the fame to be fold at public outcry, and the monies ari-
fing from fuch fale fhall be difpofed of and applied as is herein after directed. Provi- wovu.
ded always That if any goods (hall be feized, which comes to the polieffion of any
Have by theft, finding, or otherwife without the knowledge, privity, confent, or con-
nivance of the perfon who have a right to the property or lawful cuftody of any fuch
goods, the fame fhail be reftored on fuch perfons making oath before any juftice as, To be restore*
O 7 10 j j to the owncvi i*
aforefaid, who is hereby empowered to adminifter fuch oath to the effeft or in the.«oien.
following words : " I. A. B. do fincerely fwear that I have a juft and lawful right 0atu>
or title to certain goods feized and taken by C. D. out of the polieffion of a {lave na-
med E. that I did not direftly or indirectly permit orfuffer the faid Have or any oth-
er (lave whatfoever to keep and employ the faid goods for the ufe, benefit or profit of
any (lave whatfoever, or to fell, barter, or give away the fame, but that the fame
goods were in poffeffion of the faid (lave by theft, finding or otherwife, or to be kept
bona Jide for the ufe of E. F. Bl free perfon, and not for the ufe or benefit of any
flave whatfoever. So help me God." Which oath fhall be taken as the cafe (hail
happen. Provided alfo, That it fhall be lawful for any perfon being the owner or Proviso,
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 tov/n, to givelicenfeor 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 permiffion the quantity and quality of the Pr0ylso.
goods and commodities with which fuch flave fhail be intrufted, be particularly and
diftinftly fet down and fpecified, and figned by the owner or other perfon having
the care or government of fuch flave, or by fome other perfon by his or their order
and direction.
36. And as it is absolutely neceffary to the fafety of this province, that all due care
be taken to reftrain the wandering and meeting of negroes and other Slaves at all times,
and more efpecially on Saturday nights, Sundays and other holy days, and their ufing
and carrying mifchievous and dangerous weapons, or ufing and keeping of drums,
horns or other loud inftruments, which may call together or give fign or notice to
one another of their wicked defigns and intentions, and that all mailers, owners, and
others may be enjoined diligently and carefully to prevent the fame, Be it enaBed., slaves found
That it {hall be lawful for any perfon whomsoever, to apprehend and take up any ne- uuoVcrffi"
gro or other flave that fhall be found out of the plantation of his or their mafter 01 piTaucket!'or
owner at anytime, efpecially on Saturday nights, Sundays or other holy days, not tobetakmnp
being on lawful bulinefs and with a ticket from their mafter, or not having a white per- a"
fon with them, and the faid flave or fl-aves met or found out of the plantation of his or
their mafter or miftrefs though with a ticket, if he or they be armed with fuch offenfive
weapons aforefaid, him or them to difarm, take up, and whip; and whatfoever maf-
without
person
4sS SLAVES AND PATROLS.
tor or owner or overfecr (hall permit or fufleihis or their Have or flaves at any time
hereafter to beat drums, blow horns, or other loud instruments, or whofoever (hall
Aider and countenance any public meeting, or feafting of Strange {laves in their plan-,
tations, (hall forfeit thirty {hillings (lerling for every inch offence, upon conviction or
proviso proof as aforefaid. Provided, an information or other fuit be commenced within one
month after forfeiture thereof.
slaves not to 37- dnd h it further enabled, That no flave or (laves fhall be permitted to rent or
rent any house, ^ j ^ an^ houfe5 r0om, (tore or plantation on his or her own account, or to be ufed
or occupied by any (lave or Haves; 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 oc-
cupied by any Have or flaves, every perfon fo offending (hail forfeit and pay to the
informer a fum not exceeding twenty pounds.
Men _ slaves ex- 08. And xohereas it mav be attended with ill confequences to permit a great number
ceedmgseves, "J J . . l .l o
Ic'S'te080*' Haves to travel together on the high roads without fome white perfon in company
a white with them: Be it therefore enacted, That no men (laves exceeding feven in number,
fhall hereafter be permitted to travel together in any high road in this province, with-
out fome white perfon with them; and it fhall and may be lawful for any perfon or
perfons who fhall fee any men flaves exceeding feven in number, without fome white
perfon with them as aforefaid, travelling or aflembled together in any high road, to
apprehend all and every fueh flaves, and may whip them, not exceeding twenty ladi-
es, on the bare back.
39. And whereas the having flaves taught to read or fuffering them to be
penalty*. per- em pk>yed in writing, may be attended with great inconveniences: Be it therefore
skve^cowrfte. enacted, That all and every perfon and perfons whatsoever, who (hall hereafter teach,
or caufe any flave or flaves to be taught to write or read writing, or fhall ufe or
employ any flave as a Scribe in any manner of writing whatsoever, every fuch perfon
and perfons fhall, for every fuch offence, forfeit the fum of twenty pounds (lerling.
40. And w her mm the inhabitants of this province are liable to have their flaves in-
veigled, flolen or carried away, and may receive great prejudice and damage by fuch
vd°iey»ia0ves." unwarrantable and wicked practices : Be it therefore enabled, That all and every perfon
or perfons who fhall inveigle, ileal or carry away any negro or other flave or flaves,
or distil hire, aid or counfel any perfon or perfons to inveigle, (teal or carry away as
aforefaid, any fuch (lave or flaves, or that (hall aid any fuch flave in running away,
or departing from his mailer's or employer's fervice, or lhall give a ticket or pafs,
whereby fuch (lave ill all depart from the fervice of his or her faid owner, manager
or employer, lhall be, and he and they is and are hereby declared to be guilty of fe
lony, and being thereof convicted or attainted, fhall (land mute, or will not directly
anfwer to the endi8ment, or will peremptorily challenge above the number of twen-
tv of the jury, (hall fuller death as felons, and be excluded and debarred of the be-
nefit of clergy.
penalty on ma- 41. And be it further enacted, That if any perfon fliall on the Lord's day, com-
bor'onthe^ab-" monly called Sunday, employ any flave in any work or labor, (work of abfolutene-
ceflitv, and the neceffary occafions of the family only excepted) every perfon ib of-
fending fhall forfeit and pay the fum of ten (hillings for every flave he, (he or they (hall
fo caufe to work or labor.
42 Prefcribes the punifhment for killing (laves — repealed by the constitution, and
by an act in purfuance thereof.
Penalty on per- ' a i ■ j ^ • n 1 i • 1 n • 1 t ■ 1
«oni, hot keep- 4 o . And tuner -eas plantations fettled with flaves, without any white man tnereon9
iw^a white per- ~o t 7 _ J *
ibSpn^antt- roav De harbors for runaway and fugitive (laves: Be it therefore enacted, That no perr
SERVANTS, NOT SLAVES/ 439
fern or perfons hereafter fliall keep any flaves on any plantation or fettlement, with-
out having a white man on fuch plantation or fettlement, under pain of forfeiting the
fum of five pounds ilerling for every month whieh 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, fliall be, and is hereby obli-
ged to retain and keep in his or her fervice on fuch plantation or fettlement, one
white man, capable of bearing arms, under the pain of forfeiting five pounds per
month for every white man wanting thereon.
44. And be it further enabled, That if any perfon fhall be at any time fued for persons sued f<>»
putting in execution any of the powers contained in this aft, fuch perfon fhall and aamay-fread
may plead the general iffue, and give the fpecial matter and this aft in evidence; and »«e,"
if the plaintiff be^a non-fuit, or a verdift pafs for the defendant, or if the plaintiff dif-
continue his aftion, or enter a noli profequi, or if upon demurrer judgment be given
for the defendant, every fuch defendant Ihall have his -full coils.
45. And be it further enabled, That this aft, and all the claufes therein contained, J^V^0^
fliall be conftrued mod largely and beneficial for the promoting and carrying int'5*™^1^
execution this aft; and for the encouragement and juftification of all perfons to be ££■; hUG ef"
employed in the execution thereof; and that no record, warrant, precept or commit-
ment, to be made by virtue of this aft, or the proceedings thereupon, ill all be rever-
ted, avoided, or any wife impeached by reafon of any default in form.
46. And be it enabled, That all fines, penalties and forfeitures impoied or inflicted Sn«ccv?MaV
by this aft, which are not hereby particularly difpofed of, or the manner of the re- aK,Ue(t
covery direfted, fliall, if not exceeding the value of eight pounds ilerling, be recov-
ered as is direfted in and by an aft for the more eafy and fpeedy recovery of fmall
debts and damages, in the parifh where fuch offence (hall be committed, and in
cafe fuch fine, penalty or forfeiture, fhall exceed the fum of eight pounds ilerling,
the fame fhall be recovered by aftion of debt, bill, plaint or information in the gene-
ral court of this province, and all the faid fines, penalties and forfeitures, which ihall
be recovered by this aft, and are not before particularly difpofed of, fhall be one
half to his rnajefty, his heirs and fucceffors, and to be paid to the treafurer, to be
applied in aid of the general tax, towards paying for fuch (laves as are executed by
virtue of this aft, and the other half to the informer or informers.
47. And be it further enabled, That his majeity's part of the fines, penalties and forfeit- ta'&cbc-
ures, which fliall be recovered by virtue of this aft, ihall be paid into the hands of the jui- pV"c Shan't*
tices, or in the court where the fame fliall be recovered, who ihall make a memorial or
record of the fame, to the treafurer of this province, from the faid court of juf-
tices, who fhall receive his majeity's part of fuch fines and forfeitures : which memo-
rial fhall be a charge on the judges or jultices refpeftively to whom the fame fliall be
paid, and the treafurer of this province for the time being fhall, and may, and he is here-
by 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 juflices refpeftively, who fliall be
charged with the fame in cafe they or any of them fhall neglect or refufeto make fuch
memorial or record as aforefaid, or fend fuch tranfeript thereof as is before direfted,
or ihall negleft, or refufe to pay the fame over to the treafurer within thirty days af-
ter the receipt of the fame.,
48. And be it further enabled, That this aft fliall be deemed a public aft, and fliall Ti,iSaa,JI#
be taken notice of without pleading the fame, before all judges, juflices, magiftrates
and courts within this province,
I>C aOt.
410 SLAVES, IMPORTATION OF.
continuation. ^ ^nci ^ it further enabled, That this aft mail continue and be in' force'for and
daring the term of live years, and from thence to the end of the then next feffion
of the General AfTembiy, and no longer.
?eh/nfM?e°tma 5°- ^nd be it further enacted, That neither this act, nor any part and claufe thereof,
h'iTm^ty. by fliail be of any force or effect, but the fame is wholly fufpended, until his mod facred
majeity's royal approbation and allowance thereof mail be fignified to the governor
and commander in chief of this province for the time being, any thing therein before
contained to the contrary thereof in any wife notwithstanding.
Bv order of the Commons Houfe of AfTembiy.
N. W. JONES, Speaker.
By order of the Upper Houfe. ,
JAMES HABERSHAM, Prefident,
Council Chamber, May io, 1770,
AfTented to.
JAMES WRIGHT,
SLAVES.
A ii atl to prohibit the further importation of fiaves into this fate.
preamble. i. "^"^T HERE AS a practice hath hitherto prevailed of importing great numbers
\ y of fiaves into this ftate for fale, from Africa and elfewhere, which is not
confident with the principles of benevolence and humanity, or confonant with the true
il^euVf^ : %e 7i therefore enabled by the Senate and Houfe of
six month?. Reprefentatives of the fate of Georgia in General Affembly met, and by the authority of
the fame, That fix months after the paffing of this act, it lhall be unlawful for any per-
ibn or perfons ;' to import into this ftate, from Africa or elfewhere, any negro or ne-
groes of any age or fex, or to make fale or other difpolition of them by themfelves,
their agents or attornies, to the inhabitants of this ftate; and fuch perfon or perfons
i'o offending, (hall, for the firft offence, forfeit and pay the fum of one thoufand dol-
lars, for every fuch negro fo imported, fold or otherwife difpofed of; and for every
fubfequent offence, the fum of one thoufand dollars, to be recovered by bill, pteint or
endiclment, in the fuperior court. of the county where the offence mall happen, one
half to the ufe of any informer, who fhall profecute the offender to conviction, and
the other half to the ufe of the ftate.
bioughtfrom 2" And be it further enabled by the authority aforefaid, That three months from
saieealt«thrw ari^ after the paffing of this aft, if any perfon or perfons fliall bring into this ftate,
months. fr0m any other ftate in the United States, any mulatto, muftizoe or negro Have or
fiaves, of any age or fex, or make fale or other difpofition thereof to any of the inhabi-
tants of this ftate, all and every perfon and perfons fo offending, fhall forfeit and pay for
the firft offence the fum of five hundred dollars, and for the fecond, and every fubfe-
quent offence, one thoufand dollars, for every mulatto, muftizoe, or negro flave fo
brought into this ftate, fold or otherwife difpofed of, to be recovered in the fuperior
court of the county where the offence fhall happen, by bill, plaint or endiclment, one
half to the ufe of any informer, who fliall profecute the offender to convi£tion5 the
other half to ihe ufe of the ftate.
SLAVES IMPORTATION OF. 441
$. And to prevent any evafion, or conftru&ion contrary to the true intendment of rw»ntc<m-
this aft, Be it enabled, That wherever it mall appear to the fatisfaftion of a court Tn? suvl«bint«*
and jury, that any perfon or perfons have aftually brought fuch flave or (laves into avicwtosTu,
this Hate, with a view or intention of making fale of the fame, and he or they be duly ^"^p*"^
convicted thereof, fuch perfon or perfons (hall be fubjeft to the fame penalties, as inwl*'
cafes where the importation and fale, or other difpofition fhall have been made; and
the aft of bringing them into this ftate with fuch intention, and the aft of making
fale or other difpofition of them, fhall be feverally conhdered and taken as a con-
fummation of the offence herein prohibited, and bepunifhable in the county where
either aft fhall be committed.: Provided always neverthelefs, That nothing in this aft provist.
fhall be conftrued to prevent any perfon removing into this ftate from either of the
United States, and becoming a citizen thereof, from bringing with him any number
of flaves. And nothing herein contained fhall reftrain the fale or other difpofition of
flaves by the citizens of this ftate in their own right, and in the ordinary methods of
transferring that fpecies of property, unlefs it fhall be made appear that fuch prac-
tice is intended as a fraud upon this aft, and contrary to the true intent and meaning
thereof: And provided alfo, That from and after the time aforefaid, no perfon what- pr»vis»,
<ever fhall bring or caufe to be brought from any of the United States, any flave or
flaves, except fuch who are removing to this ftate, or fuch who have negroes left by
will or otherwife, in any of the United States; that before any fuch flaves be brought
to this ftate, the perfon intending to bring fuch flaves fhall firft make oath before the
court of the county (or juftice of the peace) from which he is about to remove or
bring fuch flaves, that the flaves he is about to bring to Georgia are his own family
negroes, or fuch as have been aftually left him by will or otherwife, particularly fpe-
cifying the name, number and fex of fuch negroes, that a certificate, together with
the feal of the faid county annexed, fhall be by fuch perfon produced to a juftice of
the peace, after coming into this ftate; that fuch juftice is hereby required to give fuch
perfon a certificate of the fame, which fhall entitle him to pafs to the county in which
he refides oris moving to; and within twenty days after his arriving in fuch county,
fhall go to the clerk of the fuperior court, and there make oath, that the negroes he
has brought with him are the fame comprehended in the certificate aforefaid, which
certificate and oath fhall be filed of record in fuch office.
DAVID MERIWETHER, Speaker of the Hoife of Reprefentatives,
DAVID EMANUEL, Prefident of the Senate,
Affented to January 31, 1798.
JAMES JACKSON, Governor.
An aft fupplementary to an atl, entitled " An aB for ordering and governing Mat 6*
within this fate (then province) paffed 10th day oj May, 1770, and for ejlablijtiing a
jurifdiflionfor the trial of offences committed by fuch jlavcs and other perfons there-
in mentioned and to prevent the inveigling and carrying away flaves from their m af-
ter's, owners, or employer's, and for repealing fuch laws or claufes of laws as militate
agamfl the jame.
-w
HERE AS many perfons purchafe provifions and other commodities from ^encm
flaveaj by which the owners of fuch flaves are and may continue to be great
442 NEGROES, FREE, IMPORTATION OF.
persom purch»- fufferers fhould fuch pernicious practices continue : Be it therefore enabled, That from
&"sof nekro"' and immediately after the paffing of this acl, any perfon or perfons whatsoever, who mall
rt*taiiforfrit purchafe from, or fell to, for money, or barter with any fJave or flaves for any fort of
doiursl"" ' corn, rice, cotton, or other commodities whatfoever, unlefs fuch (lave or flaves fnall pro-
duce a ticket defcribing the article and quantity permitted to be fold, from his, her or their
employer, owner or manager, allowing fuch flave or flaves to difpofe of fuch mon-
ey, or purchafe or fell fuch provifion or commodity, (hall, upon conviBion before
any court having competent jurifdi&ion thereof, in the county where fuch offence
fhall be committed, forfeit the fum of three hundred dollars, to be applied one half
SST "appu°dercd to the ufe of the county, and the other half to the informer, and fhall find fuffi-
cicnt fecurity for his, her or their good behaviour for twelve months; and in cafe of
orbeim'pri- rem fal or inability to pay fuch penalty, or find fuch fecuritv, then and in fuch cafe,
tenths.1 threc ne» Hie or they, fhall be by the faid court committed to the nearefl common jail,
there to be and remain for and during the fpace of three months, and to pay all law-,
ful cofts ana charges attending the fame.
DAVID MERIWETHER,' Speaker of the Houfe of Reprefentatives,
DAVID EMANUEL, Prefident of the Senate.
Affented to December 6, 1799.
JAMES JACKSONr Governor;
NEGROES, FREE, IMPORTATION OF.
An act to prevent the importation of negroes into this ft ate from the places herein men^
tioned,
ift SeBion refpeftstbe importation of negroes — re-enacled by the conftitution.
2. And be it further enacted, That all free negroes, mulattoes or muftizoes, who
Cufor«.min5s;0 at any time after the paffing of this acl mall come into this flate, fhall, within thirty
fcuwtoconWtdavs after their arrival, enrol him, her or themfelves in the clerk's office of the county
themselves " / . ' . . ' /
wherein they rehde; and within iix months thereafter procure a certificate ot two or
more magiftrates of the county certified by the clerk thereof with the feal of
the county annexed, of his, her or their honefly and indullry, to entitle them
to the privileges of refidence in this flate ; and in failure of fuch enrolment, or neg-
le£l of procuring fuch certificate, he, fhe or they, fhall be fubjeel to be taken up
and committed to the nearell jail, for a term not exceeding three months, or until
he, fhe or they, fhali give fecurity, by two freeholders, for his, her or their prifon
fees, and future mduilrious and honeft behaviour.
fo pfyloi sieves 3. And be it further enabled That from and after the paffing of this a£r, the flate fhall
*cf.'yex ' in no inftance be anfwerable for, or liable to pay the owner any confederation what-
ever for any negro flave or flaves who may fuffer death by the laws of this Hate.
Expencesin 4. And be it further enacted by the authority afore faid, That all expences and fees > •
»u°veshowgto chargeable by any of the public officers, for profecuting any negro flave or flaves,
*eEauU convicted of any crime not capital, againfl the laws of this flate, fhall be paid by the
owner cr owners of fuch fla\ e or flaves. But in all cafes where any fiave fhall be con-
victed of any crime whereby he, file or they, may fuffer deathj the expences attending
SLAVES, MURDER OF. 443
the trial and execution of fuch (lave or (laves, mall be paid by the county where they
{hall be executed.
WILLIAM GIBBONS, Speaker of the Houfe of Rcprcfentativcs.
BENJAMIN TALIAFERRO, Prefidentof the Senate.
December 19, 1793.
GEORGE MATHEWS, Governor.
SLAVES, MURDER OF*
An act to carry into effect the twelfth feci ion of the fourth article of the conjlittttion.
E IT ENACTED, That if any perfon or perfons whofoever, fhall be char- yrp&ft*
ged with the offence of wilfully and maliciouily difmembering or maiming Ey?ȣ*'
any (lave or flaves, he, fhe or they, fhall be profecuted by eh diclment exhibited S/punySdl*
againft him, her or them, in the fuperior court of the county within which fuch of-^StfithU"
fence may have been committed, in the fame manner ^as if the like offence had been pewoiu
committed on a free 'White perfon; and the faipe mode of trial and rules of evidence
{hall obtain; and upon conviction of any fuch offence, the fame punifhment fhall
be inflicted or fine impofed, as by law would enfue, if the like offence or offences
had been committed on a free white perfon, except in cafe of in furred ion by fuch
Cave, and unlefs fuch maiming or difmembering mould happen by accident, in giving
fuch Have moderate correction.
2. And be it further enabled, That if any perfon or perfons whomfoever, fhall Theramemodft
malicioufiy deprive a flave or flaves of lite, he, She or they, fo offending, (hall be and m" asurelcof
r 1 1 ■ 1 • r\ \ 1 ■ r 1 • i • i r i (f " punl) hment for
proiecuted by endictment m tne iupenor court or the county m which iuch oitence tMing a siarC
1 1 . J ...... x •(• 1 r " r 1 11 as a while pe«*
may have been committee, m like manner as it tne pedon or perions charged had*™,
perpetrated a like offence on any free white perfon or perfons whomfoever- and on all
fuch trials the fame rules of law and evidence fhall obtain, as on other trials for mur-
der. And if upon trial for fuch offence, any perfon or perfons fhall be found guilty
of murder, he, fhe or they, fhall fuffer fuch punifhment as would be inflicted in cafe
the like offence had been committed on a free white perfon, that is to fay, fhall be
hanged, without the benefit of clergy; and if found guilty of manflaughter, fhall be
punifhed by branding, in like manner as is ufual in cafes where any perfon or per-
fons is or are convided of manflaughter, committed on a free white perfon or per-
fons, except in cafe of infurredion by fuch flave, and unlefs fuch death mould hap-
pen by accident in giving fuch flave moderate corredion.
3. And be it further enacted, That in all profecutions for offences of this nature, Eadiflmeatrc*
committed by any white perfon or perfons upon any flave or flaves, it fhall be theiwwtobeUMg
duty of the folicitor or attorney general preferring and profecuting fuch endidment
or endidments, to charge the offence or offences to be contrary to the conftitution
and ad of the General Affembly of this ftate, in fuch cafe made and provided.
And the judge or judges prefiding on the trial or trials of fuch offender or offend-
ers, fhall be bound, upon convidion by a jury, to pronounce fentence in like, man- (mm**
ucr as iE the like offence had been committed on a free white perfon, fo that fuch of-
%
Ui STAGE CARRIAGES.
fender or offenders may be punifhed according to the true intent and meaning ©f
the twelfth feftion of the fourth article of the conftitution, and of this law.
DAVID MERIWETHER, Speaker of ihe Houfe of Reprefentatives*
DAVID EMANUEL, Prejidmt of the Senate.
Affented to December 2, 1799.
JAMES JACKSON, Governor,
STAGE CARRIAGES.
An at! to fecure to Nathaniel Twining, Thomas Davis and Jofeph Grant, for ike
term of ten years, the fole and exclufive right of running a line of flag e carriages
between the city of Savannah and town of Augujla.
J?rmnilnglht \* TJ E IT ENACTED by the Senate and Houfe of Reprefentatives of the fate of
N/rwinin|nand -*^ Georgia in General Affembly met, and by the authority of the fame, That
•sfesrs. Nathaniel Twining, Thomas Davis and Jofeph Grant, their heirs and afiigns, fhall
have the fole and exclufive right of running a line of flage carriages, for the con-
veyance of paflengers and their baggage, between the city of Savannah and town
of Augufta in this ftate, for the term of ten years, to commence on the firft da; :>£
OOober, which will be in the year of our Lord one thoufand feven hundred and
ninety- fix.
»e«aity •« per- 2. And be it enacted, That if any perfon or perfons fhall within the faid term pre-
Jngthefeme. fume to run any flage carriage or carriages in any manner for fare or hire between
the places aforefaid, without the con fen t or concurrence of the faid Nathaniel
Twining, Thomas Davis and Jofeph Grant, under their hands and feals firft obtain-
ed; every fuch perfon or perfons fo offending, fhall forfeit and pay to the faid Na-
thaniel Twining, Thomas Davis and Jofeph Grant, their heirs and affigns, double
the amount of the fum demanded or received by the faid perfon or perfons for the
carriage or conveyance of any perfon or perfons to or from any part or place with-
in the limits of the faid city of Savannah and town of Auguita comprehending all
the different routes between the fame; to be recovered by the faid Nathaniel Twining,
Thomas Davis and Jofeph Grant, or their legal reprefentatives, by a&ion of debt
tre*s«. before any magiftrate or court having cognizance thereof: Provided iKverthelefs,
That the faid Nathaniel Twining, Thomas Davis and Jofeph Grant, fhall, within
the term of one year from the paffing of this aft, commence and put in practice the
running the faid line of flage carriages, and continue the fame at lead once every
week between the places, and to the end of the time or term aforefaid: Provided^
That the faid Nathaniel Twining, Thomas Davis and Jofeph Grant, do give bond
of one thoufand pounds, with good and fufficicnt fecurity, to his excellency the go-
vernor, for the running of flages for the aforefaid term.
Theaftmfa. 3. And be it further enacted, That the att palled at Augufta, in the year one thou-
jbrtand M'clu fand feven hundred and ninety-three, veiling, on certain conditions, in William
Thompfon and Thomas M'Callthe fole and exclufive right of running a line of Mage
carriages between the city of $avannah and town of Augufta, not being carried into
TAVERN LICENSES. 445
effeSt on the part of the faid William Thompfon and Thomas M'Call, the fame
fhall be and is hereby repealed. *
THOMAS STEVENS, Speaker of the Houfe of Reprefaitaiives.
BEMJAMIN TALIAFERRO, Prefide?it of the Senate.
Concurred, February 12, 1796.
JARED IRWIN, Governor.
TAVERN LICENSES.
An act for regulating taverns and reducing the rates of tavern licenfe.
i.T>E IT ENACTED by the Senate and Houfe of Reprefentatives of the flate of
_D Georgia in General Affembly met, That from and after the paffing of this act, 1^™$%?™-
any perfon or perfons wifhing to keep a tavern or houfe of entertainment, mall peti- ta?niSetknemb"
tion the juftices of the inferior court, held for the county where fuch petitioner re- security.0"**
fides, and the court to whom fuch petition fhall be exhibited, fhall thereupon confid-
er the convenience of fuch place intended for a tavern, and having regard to
the ability of fuch petitioner to keep good and fufficient accommodations for tra-
vellers, their horfes and attendants, may at their difcretion grant a licenfe to fuch
perfon or perfons for the term of one year next enfuing the date of fuch licenfe, and
from thence to the next inferior court held for the faid county and no longer, which
licenfe upon petition may be renewed from year to year if the court think proper ;
Provided always. That before ilfuing fuch licenfe the court fhall caufe the petitioner proviso
to enter into bond with fufficient fecurity to be approved of by the court in the fum
of fifty pounds, conditioned for their keeping an orderly and decent houfe, with
good and fufficient accommodations for travellers, their horfes and attendants ; which
bond fhall be filed in the clerk's office, and fubjecl. to be put in fuit upon any breach
thereof.
2. And be it further enabled. That the juftices of every inferior county court at Tavem raws
the firft term in every year, fhall fix and eftablifh the rates and prices to be paid atth=Li£d0r
taverns for liquors, diet, lodging, provender, {tabling and pafturage ; and every iot^xwafrl
tavern keeper, fhall within one month after the rates fo eftablifhed, obtain of the
clerk of the faid court a fare table of fuch rates, which fhall be openly fet up in the
public entertaining room in every tavern, and there kept throughout the year, until
the rates fhall be fixed or altered again by the court, and then a copy thereof fhall be
again fo obtained and kept from time to time, under a penalty often pounds, on eve-
ry tavern keeper failing fo to do; and if any tavern keeper fhall demand and receive
any greater price for any liquor, diet, lodging, provender, {tabling or pafturage than
by fuch rate fhall be allowed, he, me or they, fo offending fhall forfeit and pay the
fum of two pounds over and above the fum extorted for every fuch offence to the
informer recoverable with coft before any juftice of the peace in the county where
fuch tavern fhall be.
3. And be it further enatted, That if any perfon fhall prefume to keep a tippling Penalty for
houfe or retail liquors, or fell by retail any wine, beer, cider, brandy, rum, or other SS*"1*0^
fpirits or any mixture of fuch' liquors in any houfe, booth, arbour, flail or other
place whatsoever without licenfe firft obtained as aforefaid, he or they, fo offending
and being thereof convicted fhall forfeit and pay the fum of ten pounds, one half to
44* TAVERN LICENCES.
pjsvist. the informer, and the other to the uf<|of the county, Provided always^ That nothing
herein contained fhall extend to profroit any merchant from retailing liquors, not lefs
than one quart ; nor to prevent any planter or other perfon from difpofing of fuch
brandy, rum, or whifky, as they may make from their own grain, orchards, or diftille-
ries, fo that it be not fold in a lefs quantity than one quart, or drank or intended to
be drank at the houfe, ftore, or plantation, where the fame fliall be fo fold ; except in
the counties of Chatham, Liberty and Effingham, wherein it fliall not be lawful for
any merchant to difpofe of any quantity lefs than one gallon.
Tavern licenfe 4. A iid be it farther enabled. That each perlcwi petitioning for tavern licenfe as
wopeun s. aforefajc|5 f^ajj pay for fuch licenfe the fum of two pounds, which the clerk is direc-
ted to receive before figning or renewing the fame ; for licenfe to keep a billiard table*
the fum of five pounds; and any perfon prefuming to keep any billiard table with-
out having obtained a licenfe in the manner herein before di retted for obtaining tavern
licenfe, fhall be fubjeclto the like penalty as perfons prefuming to keep tavern with-
out having obtained licenfe.
Tormeracb 5. And be it further enabled, That all a£ts heretofore made refpe&ing any thing
within the purview of this aft, fliall be, and the fame are hereby repealed : Provided
i^p'-in cor. always. That the corporation of the city of Savannah and Augufta fhall have the
routs towns, fole regulation and power of governing and directing taverns and granting licenfes^
within their feveral jurifdiBions.
WILLIAM GIBBONS, Stealer of the Houfe of Reprefentaiiveu
N. BROWNSON, Prefdcnt of the Senate.
Concurred December 24, 1791.
EDWARD TELFAIR, Governor..
* See tax ad of 1 800, feet. 2*
• e « c e
An aB for the better regulating of taverns, and for eflablfiiing a fund for building and
keeping in repair the. court-houfes and jails in the counties of thisflau.
•ojnmu.ionws i, 2, Repealed by aft of 24th December, 1791.
hoiwiMdjaiii q. And be it further enabled, That the iuda.es of the fuperior court in each conn*
to be appointed u -J. .-,.., , J P l , .. .
by t«e superior ty fhall, as often as they thniK. proper, appoint three or more dncreet perJons to be
commiffioners of the jail and court-houfe, which faid commiffioners, or one of them,
frSicenfeF, fhall receive the monies* arifing from licenfes in their refpefclive counties, fines of de-
pikdtobuud faulting jurors, fines impofed by the court, and the forfeiture of recognizances, to be
a fund fet apart in each county, under the direction of the judges, for building and
repairing the jail, court-houfe, pillory and flocks, and for the fupport of prifoncrs;
touirt^acti*0" an^ the faid commiffioners fhall exhibit their accounts on the firft day of each term
to the judges, flating in a clear and precife manner all the money by them received,
from whom and for what, asalfo ail the monies paid by them, to whom and for what
purpoi'e, which faid account, if approved of, fhall be lodged in the clerk's office for
the free infpeclion of the inhabitants.
NATHAN BROWNSON, Speaker,
Augufta, February l,, 1788.
* All of this aft, except the application of fanes, &e. repealed*
term with the
TAX, 447
An act for impofing a fax on the inhabitants of the, fl ate of Georgia for the life and ftp-
port of the government thereof from the firfl day of January to the thirty -firfl day of
December, in the year one thoufandfeven hundred and eighty-three.
.
WHEREAS it is expedient that a fum fhoukl be raifed forthe purpofe of defray- presmbio,
irig the contingent expences of this (late, and paying the feveral officers there-
of their refpeftive falaries due from the firfl: day of January laft, to the thirty -fir ft day
of December following.
1. Be it therefore enacted, by the reprefentatives of the freemen of this fate in Gene-
ral Affembly met, and it is hereby enacted by the authority of the fame, That a tax be
raifed on the prooerty of the inhabitants of this ft ate, in manner as herein after di-
i -.-,t • r iii r i i i r r Tax on land
retted, 1 hat is to lay, on every hundred acres or land, the mm or one quarter aminegrue-,.
of a dollar, on every negro, mulatto or other flave, one quarter of a dollar ; on
every town lot, one quarter dollar ; on every free negro, mulatto or muftizoe, one
dollar ; on every male inhabitant of the age of twenty : one years, who does not fol-
low fome lawful pro feffion or mechanical trade, or'who does not cultivate or caufe
to be cultivated live acres of land, two dollars.
2. And be it further enacted by the authority of or ef aid, That all and every perfon AH,tcft;lxa.,,c
and perfons, who have any eilate or intereft in any lands, or negroes within this gjyentay o°tw
itate, ihall on or before the thirtieth day of November next after the paffing ofo^'itf0'0*'
this aft, tender a particular account in writing upon oath, (or affirmation if a qiia-
ker) to the bell of his, her or their knowledge, unto the colleBor of the feve-
ral diftriBs, where he, me or they, lhall refpectively refide, of all lands, town lots
and negroes, whereof he, fhe or they, is or are feized or pofleffed or interefted in,
liable by this act, to the rates and taxes aforefaid at fuch time and place as the collec-
tors herein after named mail direcl and appoint, who are hereby required to give at
leait thirty days' notice thereof by public advertifement in their refpeftive diftrifts,
fp.ecifying the feveral rates aforefaid. And all and every the fa id perfon and
perfons fo giving an account as aforefaid, lhall at the fame time pay to the faid Taxt9bepa;d
collectors the feveral fums and taxes due from him, her or them thereupon, as bv gjvtagl™ aSf
this ad is rated. ' p'"operty-
o. And be it further enacted by the authority aforefaid, That the faid collectors re- coiicaors chart
yJ J y J J J* administer the
fpeclively lhall and they are herebv required to adminifter the oath following; to all ana path to be ta-
r i r i ■ r - • i • . i • °r n ken ^ Pe,rs?ni
every per ion and pertons at the tune or receiving his, her or their account nrit enter- s^1^ *
ing fuch accounts in the lift or fchedule agreeable to the form to this a£t annexed,
whereto the perfons fo paying their tax mall respectively fubicribe their names in the
column of the faid fchedule for this purpofe affigned : " I, A. B. do folemnly (wear sorm thereof
(or affirm as the cafe may be) in the prefence of Almighty God that the account now
given by me and delivered to the collectors of the public tax doth contain a juft, true
and particular account of all the lands, negroes, and town lots by me pofleffed, in-
terefted in, or entitled to, either in my own right, or as attorney, guardian, execu-
tor or adminiftrator, or truftee, to any other perfon or perfons whatfoever. So help
me God."
4. And be it further enacted by the authority aforefaid, That in cafe any perfon or Tax tobepata
perfons who fliall give an account of their lands, town lots and flaves as herein before ^"s^s?11*
i _ o . ■ or a levy to b*
required, and (hall not at the fame time pay the tax thereupon due from him her or madc'
them as herein before directed, or within twenty days after fuch account by him, her
or them fo given3 that then it ftiall and may be lawful to and for the feveral colleet,ars?
44* TAX.
8iid they are hereby respectively required to caufe the fame to be levied as herein af-
ter mentioned.
*B'adwrbie9tax S- Andbe it further enabled by the authority aforefaid, That if any perfon or per-
£*t^vehia ^ons whatfoever fhall neglecl or refufe to give an account of their refpeftive* lands,
t&flrreturas. town lots, and negroes as aforefaid, at the time and in the manner as by this aft is here-
in before directed, the collectors refpeftively and either of them, fhall and they are
hereby feverally authorized and required within twenty days after the faid thirtieth day
of November to rate and affefs every fuch defaulter or defaulters double the tax herein
and hereby impofed. And to prevent free mulattoes from evading the payment of
%iatt»«. the tax.
6. Be it further enacted by the authority aforefaid, That every fuch perfon, who fhall
be reputed a mulatto fhall be affeffed as fuch, uniefs he or fhe can prove the contrary.
G»odsand 7. And be it further enacted by the authority aforefaid, That the feveral rates and
TO&Mdtfauit! taxes hereby rated and impofed fhall be levied on the goods and chattels of the de-
faulter or defaulters, by warrant under the hand and feal of the collector or collec-
tors of the county wherein fuch defaulter or defaulters fhall refide, to be direfted to
any conftableor conftables thereof, requiring him or them to levy the fame by diftrefs
and fa!e of the defaulter or defaulters goods and chattels, returning him or them the
•Rabies' fees overplus, if any after deducting the charges following, viz. for ferving every warrant
or execution one fhilling, and one fhilling in the pound for every pound levied, and
twopence per mile, to be computed from the dwelling houfe of the conftable, levying
the fame ; to the place of refidence of any fuch defaulter or defaulters : And the
*°rS«g\fw- collectors refpeftively fhall and may take one fhilling and fixpence for eve_y fuch
conrtabiesto warrant ; and every cqhfiable refuling or neglefting to execute fuch warrant, or neg-
pounisforre? leOtiog or refuting to pay over the money fo levied, to the collector or collectors
m-ylo^'cdve°d within three days from the receipt thereof, fhall for every offence forfeit and pay
e? b!fimprisȣ the fum of twenty pounds, to be recovered by warrant of diftrefs of any juftice of
wceutaj the peace where the offence fhall be committed, on due proof thereof made before
him by any collector or collectors; and in cafe no goods or chattels of fuch offender
fhall be found whereon the faid diftrefs may be levied, then it fhallnd may be lawful
for fuch juftice of the peace to commit fuch offender to the nearefl amnion jail, there
to remain for the fpace of three months, or until the faid fum of twenty pounds for
<each offence neglect or refufal be fatisfied.
coiie««tt ap- 8. And be it further enaSed by the authority aforefaid, That the feveral perfons here-
ftmui. .*,.- ^n after narnecj fhall be, and they are hereby appointed clleftors for the feveral coun-
ties herein after mentioned refpeftively, that is to fay, for the county of Chatham,
Edward Lloyed, for the county of Effingham, Theophilus Sundy, for the county of
Burke, Alexander Irwin, for the county of Richmond, Lewis Gardner, for the coun-
ty of Wilkes, Richard Aycock, and for the counties of Liberty, Glynn, and Cam-
den, John Elliot, which laid collectors refpeftively fhall before their entering upon
vow skaH take their office take the oath following before any juftice of the peace, that is to fay : " I,,
fjvb,° 0WI8S A. B. do folemnly fwear that I will well and faithfully according to the beft of my
knowledge and ability (and fo that the public tax fhall fuftain no lofs or damage frora
any wilful negleft of mine,) obierve, execute, and perform the feveral matters and
things required of me to be done, and performed in and by an aft of the General Af-
fembly of this ftate, entitled " An aft for impofing a tax on the inhabitants of the
ftate of Georgia, for the ufe and fupport of the government thereof, from thefirft
day of January to the thirty-firii day of December, in the year one thoufand f#-
TAX,
4-19
tees, i.c of ab-
sentee?, to
make returns
Vcn hundred and eighty-three, according to the true intent and meaning thereof.
So help me God."
9. And whereas, There are fundry trafts of land, and negroes, the proprietor*
thereof are not refidents of this ftate, Be it further enabled by the authority aforejaid,
That all attornies, truftees, executors, and adminiftrators, or other perfons any wife a^o™,-,
concerned for abfentees, fhall make due return to the collectors of the counties, ref- ««t'ees,cta
pectively where they fhall refide, of the eftateand effects they fhall fo pofiefs, or be in- tothecolic
tereftedin, as attornies, guardians, truftees, executors or adminiftrators, or otherwife,
and fliall and they are hereby made liable to the payment of the rates and taxes af-
fefTed and impofed by this act, out of their own eftates and effects in manner as here-
in before mentioned, unlefs fuch attorney or attornies, guardian or guardians, trufteetaxou?oftreh-
or truftees, fliall make oath before the collectors or one of therm that he has renounced i-enounceor.'
' . . oath such trusty
his power and attorney flnp before the tax became due, and without anv intent to evade i^vetue tax
r j r ? . _ is due.
the payment thereof, and every fuch attorney or attornies, guardian or guardians,
truftee or truftees, executors and adminiftrators, fhall and may deduct the tax he, fhe
or they, fhall fo pay out of the effects of the abfentee, in his, her or their hands, and in
cafe of no fuch effects, every payment fhall and is hereby made a debt and charge upon
the lands and chattels of every fuch abfentee, his heirs and affigns, and fliall and may
accordingly be recovered at any time afterwards by theperfon or perfons paying the
fame, his, her or their executors or adminiftrators, in any court of record within this
ftate.
10. And whereas, The public tax hath been evaded by perfons fettled on or near
the banks of Savannah River, that hold or pofiefs lands, on the oppofite fide thereof,
in the ftate of South-Carolina, by removing their flaves from this ftate, at the time of
collecting the tax, for remedy whereof. Be it further enabled by the authority afore-
faid, That all and everv fuch perfon or perfons fo holding lands in both ftates at die ?erf?ns ]ivH
time or giving an account of his, her or their lands and eftates, to the colleaors as Riverow,;ins
™ , O 7 ' property in
herein before required, fliall produce to fuch collector or collectors, a receipt or cer- fnusthprodiiM
tificate from the collector or collectors of tax in South-Carolina, of the number of tnfcoNeX-s
flaves for which tax fhall have been paid by him, her or them, for the prefent year ; tfenumbaereo*f
or otherwife fhall make oath before the collector or collectors aforefaid, to the follow- fh^yearfoT
ing effect, which they are hereby authorized and required to adminifter, viz. " That ingVatk."
he, fhe or they, hath or have paid the public tax in the ftate of South-Carolina for the
prefent year, for all his her or their flaves, other than fuch as are contained in the ac
count now delivered to the collector or collectors as aforefaid, purfuant to the direc-
tions of this a£t." And all and every perfon and perfons who fhall refufe to produce
fuch receipt, or certificate, or to make oath as aforefaid, fliall be liable to pay tax for
the whole number of his, her or their flaves, and the faid collector or collectors fhall in (Warranty
default of payment iffue warrants of execution for the fame as herein before directed. ihemagaiRSC
ii. And be it further enacted by the authority aforefaid, That the faid collectors
reflectively fhall on or before the thirty -fir ft day of December next after the paffing the lasutlVof
of this act, or within ten days after, clofe their accounts, and deliver the fame in per- Hverin there-
-.«'*.'*'. ■* turns and pay
fbn, together with the tax lift aforefaid, and alio an account of the lands held by abfen- the money mw
' O ,, . . * " the public Uei-
tces or perfons not refidents in their feveral counties unto the public treafurer of this sur>-
ftate, and at the fame time fhall. pay unto him, all fuch monies, as by them or either of
them fhall have been reflectively received in purfuance of this act, after deducting for
commifiionsatthe rate of onefliillingfor every pound, and at the rate of fixpence per Their commit
mile for every mile they refide diftant from Savannah, or where the treafurer fliall refide, "°
3^
OjO TAX.
and the laid collectors respectively fhall fign the tax lift by them delivered, and at the
fame time upon oath (hall deliver to the treafurer an account of their own lands, flaves,
andeftates, in like manner as by this act is required of others to be given to them, and
taieh- property ina^ pav tne taxes for the fame accordingly, in default whereof, the fame (hall and may
*e.tdor'by°tne be a fie fled and levied by the treafurer in manner as aforefaid.
m deals, &c. 12. And be it further enatted by the authority aforefaid, That all deeds and convey -
this tr.x-void ances whatfoever, of any lands, tenements, goods or chattels, by any perfon orperfons
whatfoever, made with an intent to avoid being a {felled or paying tax for the fame as
aforefaid, fhall and are hereby declared to be fraudulent and void to all intents and
purpofes whatfoever.
SftJ*wa«h0 13- And be it further enacted by the authority aforefaid, That the feveral collectors
tonaredpound' or an>' or ekh'er of them, who (hall neglect or refufe to do and perform the feveral mat-
to the state. ters }lcreby required of them reflectively to be done within the time prefcribed bv this
act, fhall for every fuch neglect or refufal, forfeit the fum of one hundred pounds for
to be recover- the fupport of government of this ftate, to be fued for and recovered,, by the treafurer
cti in the supe- • i r • r i • a
rioroourt in the iuperior court of this itale.
The treasurer j4. And be it mailed by the authority aforefaid. That in cafe any collector or col-
under tiic pd- , -^ •/ ■/ J J ■ v m
;:,y,oftm'\,,un- lectors ilia.ll refufe or neglect to give in upon oath to the treafurer aiuit and true ac-
•Wed pounds, , . O o r _ J
waarrintuteohthe count of all monies received by him or them, or due to this (late, on account of the tax
ga(krtevery herein impofed within their feveral and refpective counties., by the time herein before
d»u?efuMto limited, and alfo a lilt of alinon-reiidents whole tax has not been paid, and of all de~
rAvktheemraeyr faukers in the faid counties, that then it fhall and may be lawful for the treafurer, and
X'ifcommit0 he is hereby enjoined under the penalty of one hundred pounds for each neglect or of-
puSi with a»u" fence, by warrant directed to any conltahle for the counties where the collectors may
reflectively refide, under his hand and feal to commit fuch collector or collectors to
the molt common jail, there to remain until he or they fhall have rendered upon oath
to the treafurer a full and fatisfactory account, and Ihall have paid all fuch fums as
aforefaid by him or them collected, due to this ftate in his or their feveral and refpect-
ive diftricts by virtue of this act, and have paid the reafonable charges for fuch com-
mitment: And the feveral conftables fo* the county or counties wherein fuch col-
lector or colleclors fhall refide, are hereby required to execute fuch warrant without
cenAabisrefii- delay, and every fuch conltable refilling or neglecting; to execute fuch warrantor com-
sing to execute . - ' / r r ■ i i r r i i
toforf^twJn mitment, mall, lor every offence, forfeit and pay the lura of twenty pounds, to be
typjwuis. recovered by warrant of diltrefs from any jultice of the peace in the county where
the offence fhall be committed, on a certificate from the treafurer of the manner of
fuch refufal or neglect, and which certificate is hereby declared to be fufficient proof.
And in cafe no goods or chattels of fuch offender may be found whereon the faid
oi tiuee pHson" diltrefs may be levied, then it fhall and may be lawful for fuch jultice of the peace
^Btiw. ^Q comm}t fuch offender to the nearelt common jail, there to remain for the fpace of
browse. three months, or until the laid fum of twenty pounds ihall be fatisfied. Provided
neverthelefs, That if the faid collector or collectors fhall prove upon oath, to the trea-
furer, that they haveufed every means directed by this act, for the recovery of the
tax due by the faid defaulters, and no effects could be found whereupon to levy the
fame, then, and in that cafe the laid collector or collectors reflectively, fhall not be
liable for or chargeable with the payment of the fums fo due from the defaulters as
•^re- surer to is- aforefaid.
ntaftdefauit- 15- And be it further enabled by the authority aforefaid, That the treafurer fhall
*"*• and he is hereby empowered and required within ten days after he fhall receive any lift
or lilts of defaulters; to iitue warrants under his hand and feal againit each of the d«-
TAX. 45*
faulters for fuch amount of taxes as (hall appear by the faid returns to be due by filch
defaulters refpectively, whether the defaulters be fuch for themfelves, or as attorrties
or agents for others, or otherwife, excepting as herein before excepted, to be directed
to any lawful conftable or conftables for the counties where fuch defaulter or default- whichahaii h
ers fhall refide, requiring him or them immediately to levy the fame, by diftrefs andltt]3>i£!,,lic"*
fale of the defaulter or defaulters' goods and chattels, returning to the faid defaulter or
defaulters the overplus, if any, after deducting the charges following : for ferving
every warrant one (hilling, and one milling in the pound for every pound fo levied, uiftuo
and twopence per mile for every mile the conftable fhall go to execute fuch warrant,
to be computed from the dwelling houfe of the conftable to the place where the levy
fliall be made or fold, and the faid treafurer (hall and may take for every fuch war-
rant, two millings and fourpence ; and every conftable refufing or neglecling to ex- Treasurer's
ecute fuch warrant, (hall for every fuch offence forfeit and pay the fum of twenty Penalty on the
pounds, to be recovered by warrant of diftrefs of any juftice of the peace lor tne refusing^ a«.
county where fuch offence fhall be committed on his receiving a complaint and
certificate thereof unjbr the hand and feal of the faid treafurer : And all jultices ofpe)11Ity94
the peace are hereby ftrictly required and enjoined under the penalty of fifty pounds just,c&-
for every refufal or neglect, to be aiding and affifting unto the faid treafurer in duly
carrying the directions herein contained into execution ; and in cafe the faid treaiur-
er (hall neglect or refufeto iffue fuch warrant or warrants, he (hall forfeit and pay for *thetKM-
every fuch offence, the fum of one hundred pounds, to be recovered by action of
debt, bill, plaint or information, in any fuperior court within this ftate.
16. And be it further enacted by the authority aforefaid, That in cafe there mail ConstibIes tmv
not be in any county or counties any conftable who may be thought fufficiently ref- foV&atpur-
ponfible to execute the duties herein required by any juftice of the peace to whompose"
the treafurer may think fit to enclofe his warrant, it fhall and may be lawful for fuch
juftice of the peace to appoint a conftable or conftables for the fpecial purpofe or pur-
pofes herein before dire£ted. And fuch conftable or conftables fliall be entitled to ^tmefehes&
the fame fees, and liable to the fame penalties, as are herein before directed to be ta-^b^?t*c
ken and fuffered by any county conftable as a fore laid. And every conftable or con-
ftables who (hall receive any taxes by virtue of any warrant or warrants from the
treafurer as aforefaid, is and are hereby ftrictly directed and required within three days
from the receipt thereof to pay over the fame, into the hands of the juftice to whom
the treafurer fliall have enclofed his warrant under the penalty of twenty pounds as
aforefaid, and fuch juftice of the peace perfonally paying the fame unto the treafurer
fhall for fuch fervice be allowed at the rate of uxpence per mile, travelling charges to j,lsticey,fee».
be computed from thehoui'e of fuch juftice or jultices to the town of Savannah, or
where the treafurer may refide.
17. And whereas the having a fair and juft account of all the property held within
this ftate, according to the real value thereof, will enable a future legiflatur.e to lay an
equitable tax on the inhabitants of the fame. Be it therefore further enatled by the au-
thority aforejaid, That all and every perfon and perfons liable to pay tax under this 4. general re-
act, do and (hall at the time he, (he or they, fhall give in his, or their account of tax- tyr£begfva!^
ables under the prefent law, (and all and every other perfon and perfons within this «w$e°tiw'i£
ftate having or pojTeffing cr be entitled to, or interefted in, any of the articles herein an ^u1ubky
after mentioned, either in his, her or theirjown right, or other vviie, mall within the fame ■ ,"
time as is befoie limited for the aforefaid returns.) Alio give in to the collectors of
the refpective counties where fuch perfon or perfons refide, a fair and juft account
en oath, to the belt of his, her or their knowledge and belief, of all neoro and other
452
TAX.
Ip^y *>;•£"- right or otherwife
Saves, diilinguilhing thofe under the age of ten years, and above the age of fixty,
from within thofe periods. Of all lands, and their different qualities, whether on inl-
ands or on the main, held by grant, warrant, or otherwife, particularly diftinguifhing
the quantity and quality under cultivation from that which is otherwife. Of all buil-
dings and improvements, with the fuppofed value thereof on fuch lands. Of all town
lots, or parts of lots with the buildings and improvements thereon, and their fuppofed
value,,and if rented out, the rent thereof annually. Of the number of whites, their fexes
and ages, in fuch families refpectivcly. Of all monies at intereft by choice, {locks of
cattle, horfes, jfheep and hogs. Of all veffels, boats, and wheel carriages, of any fort
or kind whatsoever held or poffeffed by fuch perfon or perfons, or to which he, (he or
they, (hall be in any wife entitled, or therein interefted, either in his, her or their own
And any perfon or perfons neglecting or refuting to render and
give in fuch account as herein before required within the time for that purpofe limit-
ed, ihall forfeit and pay for fuch neglecl or refufal, the fum of ten pounds, to be reco-
how recovered vered by the faid tax collectors for the county where fuch perfon or perfons reiides, and
an apph . ^ pplied in the fame manner as other penalties are by this law dire^ed to be applied.
^Seio s°nothe And the faid collectors are hereby directed and required under pain of forfeiting
finest such fox every omiffion the fum of twenty pounds, to recover fuch penalty by war-
rant under their hands and feals and fale of the offender's goods and chattels if necef-
fary.
18. And be it further enacted by the authority af or ef aid, That the fines and penal-
ties by this aft inflicted, not herein before difpofed of, ihall be applied towards the
fupport of government of this ftate.
By order of the Houfe.
WILLIAM GIBBONS Speaker.
Augufta, July 31, 1783.
Tines, &c. ap-
propriated.
• • • e
Th amble.
Tax on all
lands granted
or surveyid.
An aft for impofing a tax on the inhabitants of the fate of Georgia, and other perfons
holding property, real or perfon al therein, for the uje and fupport of the government
thereof from thefirjl day of January to the thirty -fir Jl day of December, in the year
of our Lord one thouf and f even hundred and eighty-five.
i. TTTHEREAS it is expedient that a fum fhould be raifed for the purpofe of
\ %f difcharging the debts of this ftate, and lor defraying the expenees of gov-
ernment. Be it therefore enabled, by the reprefentalives of the freemen of the ftate
of Georgia, in general affembly met, and by the authority of the fame, That a tax
of four ihillings for every one hundred pounds value of all lands within this ftate,
granted to, or furveyed for any perfon, fuch land and the buildings and improve-
ments thereon, fhall be eftimated.at, ihall be levied on the fame according to the fol-
lowing mode, viz.
£. s. L
Lud,cimed& AH tide fwamp, (including iflands) cultivated and uncultivated, of the firft
8fgJS$""g quality, Ihall be rated at, per acre,
Ditto of the fecond quality jf. 3 o O; ditto of the third quality,
All pine barren lands adjoining luch fwamp, or contiguous thereto, and
within three miles of water carriage, at
17 6
17 6
o 1.5 o
TAX. 453
. i £. s. cl
Ail prime inland fwamp, cultivated and uncultivated, at an average of 376
Ditto of the fecond quality £'. 1 17 6; ditto of the third quality, o 15 o
Pine barren lands adjoining or contiguous thereto 076
Salt marfh at o 3 9
High river fwamp or low grounds (including iflands) cultivated and un-
cultivated, including fuch as commonly called fecond low grounds, ly-
ing above Abercorn, and as high as the mouth of M'Bean's Creek,
on Savannah River, of the firft quality at 2 12 6
Ditto of the fecond quality £ 1 10 Oj ditto of the third quality 0150
High river fwamp or low grounds (including iflands) cultivated and un-
cultivated, including fuch as are commonly called fecond low grounds,
lying above M'Bean's Creek, and as high as the mouthof Rae's Creek,
of the fir it quality at 3 15 o
-Ditto of the fecond quality £. 2 12 6; ditto of third quality at 1 26
High river fwamp (including iflands) cultivated a»-'d uncultivated from
the mouth of Rae's Creek, to the mouth of Broad River, lying on the
river Savannah of the firit quality at 213
Ditto of the fecond quality £. 126; ditto of the third quality 076
All good oak and hickory land (including iflands) cultivated and unculti-
vated, from the mouth of Rae's Creek, to the mouth of Broad River,
within one mile of the river Savannah, of the firit quality o 15 o
Ditto of the fecond quality £.076; ditto of the third quality at ° 3 9
All good oak and hickory land (including iflands cultivated and unculti-
vated, from the mouth of Broad River up the Savannah River, within
one mile of the fame and along the northernmoit ft ream thereof (com-
monly called Keowee) to the marked line on the faid itream, of the firfl
quality at O 11 3
Ditto of the fecond quality o 5 7^; ditto of the third quality o 2 7^
All good oak and hickory land (including iflands) cultivated and uncul-
tivated, from the mouth of Broad River to the faid marked line or head
theieof, of the firft quality at 0113
Ditto of the fecond quality £. o 5 7^ j ditto of the third quality 027-
All high river fwamp or low grounds (including iflands) cultivated and
uncultivated, including fuch as commonly called iecond low grounds
lying above the mouth of Canouchee Creek, to the mouth of Buck-
head Creek on the river Ogechee of the firfl: quality o 18 9
Ditto of the fecond quality £. o 13 3; ditto of the third quality o 3 9
All good oak and hickory land (including iflands) cultivated and uncul-
tivated, from the mouth of Buckhead Creek to the head of OgeLee
River, of the firft quality at o 15 o
Ditto of fecond quality £. 076; ditto of the third quality o 3 9
All high river fwamp or low grounds (including iflands) cultivated and un-
cultivated, including fuch a;; are commonly called fecond low grounds
from Cathead on the river Alatamaha, to the mouth of Ogechee River,
for the firft quality at 126
Ditto of the fecond quality^. 0113; ditto of the third quality ° 3 9
AH high river fwamp or low grounds (including iflands) cultivated and
uncultivated, including fuch as are commonly called low grounds from
4&4 TAX.
the mouth of the Oconee River along the northern and fouihern dreams
or up to the marked line, of the firft quality, at • 1 10 o
Ditto of the fecond quality £ o 15 O; di:to of the third quality p 3 9
All oak and hickory land (including iflands above the flowing of the tide
on all the rivers from Cathead on the river Alatamaha to the river
St. Mary's, inclafive, to the marked Hue, of the full quality, at 076
Ditto of the fecond quality £.039; ditto of the third quality o 1 10.7
All other oak and hickory land throughout ihe date, of thefirft quality, at o 11 3
Ditto of the fecond quality £. o 5 "]\; ditto of the third quality o 2 n\
AH other pine land throughout the Hate, 0110-
A!l lands on the fea-iflands, or lying on or contiguous to the fea-fhore,
ufually cultivated, or capable of cultivation in corn or indigo, of the
firft quality, at 250
Ditto of rhe fecond quality £. 1 26; ditto of the third quality, at 0113
T*utax, 2. And be it further enaBed by the authority aforefaid, That the fum of four {hil-
lings and eightpence fhall be levied on all free male white perfons from the age of
twenty-one years and upwards, who are entitled to vote at elections in this (late, and
Tax»nflegroes. tne fum of two fliillings and fourpence on all negroes and other flaves whatfoever, with-
in the limits of the fame, and the fum of four {hillings for every one hundred
antswniots. pounds value of every lot, wharf or other lands, and on all buildings within the li-
mits of any town, village or borough in this (late, and the fum of nine millings and
onpieasurecar- fourpence upon every four-wheeled, and the fum of four millings and eightpence
upon every two-wheeled carriage, except waggons, carts and drays, and the fum of
one pound one milling and ninepence upon all free negroes, mulattocs and muftizoes,
onfieenegroes. £-rom twenty_one to fixty years of age, over and above any taxable property they
may be po fief fed of, and four millings for every one hundred pounds upon every
tea*!?ckul perfon's Hock in trade of perfons in trade, {hop-keepers and others, to be given in
upon oath, and the fum of one pound one milling and ninepence on every practi-
ce professional tioner of phyfic and lav/, and the fum of one pound one milling and ninepence on
all factors, brokers and vendue mailers throughout this Mate.
mndteda**d 3- A?id be it further enaBed by the authority a for ef aid, That in cafe difficulty {hall
arife in the mind of any perfon with refpetl to the clafling his land or valuating his
buildings, then and in that cafe, it may be lawful for fuch perfons to call in three free-
holders, who Ih all value and clafs the fame, and their certificate mall be received by
the receiver that fuch freeholders have been qualified by a magiflrate for that purpofe.
4. And be it further enabled by the authority aforefaid. That all male perfons of
BM?eabsratea.the ageof twenty-one years, holding uncultivated lands in this Hate, who {hall have
been abfent from the fame for one year immediately preceding the time of making a
return, ihall be doubly taxed, that is to fay, that the fum of eight {hillings for one
hundred pounds value of all lands within this flate, {hall be levied on all Inch pro-
provbo, property by the collectors herein after particularly named: Provided nevenhelefs,
That no member of congrefs or any other perfon fent from without the limits of
this flate by public authority, Ihall be fubjeeted to the foregoing tax: And provided
aifo, That if any perfon or perfons who ihall be citizens and residents in any one of
cuiKyRt.on. t]ie United States, fhall cultivate and improve the lands which he or they hold in this
flate, at the rate of three acres for every hundred acres thereof, the lame {hall be
deemed a fufficient cultivation and improvement to excufe him or them from the dou-
ble tax within the meaning of this act A double tax ihail alfo be paid for all lyy.
TAX. 455
cultivated lands held by anyone individual over and above two thoufand acres; but
a cultivation and improvement as aforefaid, at the rate of three acres for every hun-
dred acres on each particular traft or body of lands within the fame lines, fhall be
deemed fufficient to exciTfe the owner of fuch land from the faid double tax. '\
c. And be it further enabled by the authority aforefaid. That the mode of coileftingtaxreturBsto
O J *r y J . ,J ' . . v a ' ~~L appointed
the taxes {hall be as follows: each county fhall beconfidered as divided into dilTricts, ^^^ma
which {hall be the fame as are now laid off for the feveral companies of militia in eachl"Potorcourti
county. The fuperior court for fuch county fhall appoint one juftice of the peace in
each diftricT, or where there is no juftice of the peace, forne other difcreet perfon, to re-
ceive the returns of the taxable property agreeable to this aft , and who {hall be entitled to
receive one pound per centum on the amount of the tax collected in their refpeftive JSr° w"j6
cliftritts. The diftrifts fhall be laid out and the receivers appointed by the fuperior Mnt*
court of the county of Liberty for the counties of Glynn and Camden, in the coun-
ty of Burke for the county of Wafhington, and in the county of Wilkes for the
county of Franklin, until the fuperior courts can be held in the aforefaid counties of
Glynn, Camden, Wafhington and Franklin. It fhall be the duty of the receivers Their duty,
fo appointed to give public notice by advertifement to the inhabitants of the diftrift
of the time when they are to bring in their returns, at leaf! thirty days before the time
appointed; he fhall alio make out a return, including the whole fo received by him, and
alfoallthe taxable property of non-refidents and fuch defaulters as neglect or refu fe Non-resident*
to make their return within his diftrift, and tranfmit the fame to the clerk of the court
of the county. The faid clerk of the court fhall digeft the whole into one general re- £^|j£f f^t
turn, containing a ftate of the taxable property of the whole county, one copy histluty-
of which he fhall tranfmit to the treasurer of the (late, and another to the collector of
the faid county appointed by this aft, and fhall alio enter the fame in a book to be
kept in his office for the free infpeftion of the inhabitants. The returns of the re-
ceivers in the feveral diftrifts fhall be laid before the next fuperior court for their in-
fpeftion, and the grand jury for the county fhall particularly exprefs their fentiments
thereon. The collector, before he enters upon the duties of his office, mail give bond, ^anlivllion*
with good and fufficient fecurity, in a fum not exceeding one thoufand five hundred audaecurity'
pounds, to his honor, the governor for the time being and his fucceffors in office, to
be taken by the fuperior court for the county, for the faithful performance of his of-
fice; and in cafe of the death, or refufal, or neglect of fuch collector to enter into 1ttt*%bI\^t
fuch bond, then fuch court is hereby authorized and required to appoint fome other "ise-
perfon willing to accept the fame, who fhall, in manner required by this act, enter
i-nto bond, and be veiled with all the powers by this act given to the collectors here-
in appointed. The collector fhall attend at not lefs than four different places within Hisdat?«
the county for the purpofe of receiving the taxes, and fhall give notice in each dif-
trict by public advertifement at leaft fifteen days before, of the time and place where
he fhall give fuch attendance; and if any collector fnall . prefume to execute the faid
office without having given bond and fecurity as aforefaid, fuch collector fhall forfeit S^h^rea
and pay the fum of three hundred pounds fterling, to be recovered by any perfon who Sg^eoffice
fhall inform and fue for the fame. bond01" £ivms
6. And be it alfo enabled by the authority aforefaid, That all perfons whatfoever, Returns to be
who are poffefred of any lands granted to, or furveyed for any perfon or perfons ; oatU>
flaves, carriages, either in their own right or in the right of any other perfon, or are lia-
ble to pay any other tax by virtue of this act, fhall on or before the firft day of June
next, render a particular account thereof in writing upon oath or affirmation, fetting
forth in what county the faid lands and flaves are to the beft of his or her knowledge,
456 TAX.
to the receiver in the diftrict where fuch perfons refide, at fuch time and place as the
faid receiver fhali direct and appoint, for the doing thereof, fo that the fame be done
on or before the firft day of June aforefaid, which oath or affirmation mall be in the
TheoatJi. words following : I, A, B. do fwear (or affirm as the cafe may be) that the account
which I now give in, is a juft and true account of the quantity and quality of the
lands, and of the number of all (laves and riding carnages which I am poffeffed of,
interefted in or entitled unto, either in. my own right, or in the right of any other per-
fon or perfons whatfoever, as guardian, executor, attorney, agent or truflee, or in
any other manner whatever, according to the beft of my knowledge information and
belief; and that I will give a juft and true anfwer to all lawful queftions that may be
afked me touching the fame; and this I declare without any equivocation or mental
refervation whatfoever. So help me God." which oath or affirmation the receivers
i'o appointed are hereby duly authorized enjoined and required to adminifter.
7. Andzohereas there are divers tracts of land and flaves in this flate held, owned
and claimed by perfons not redden t here who pay no tax or other charges towards
the fupport of the government of this flate. Be it therefore enacted by the authority
Artomies.trus- aforefaid, That all attornies, and truflees, of or for any perfon or perfons living with-
noLa-'resuienti, out the limits of this flate, fliall make due and true returns to the receiver in the dif-
fer such absen- tricf where fuch attorney or truftee lives and refides as aforefaid, of all lands and Raves
belonging to fuch abfent perfons for whom they are attornies or truflees, fliall be fub-
jecl and liable to pay the tax to become due by virtue of this act, or which is due by
who shaii pay any former tax acts ; for fuch lands and flaves, out of his or their own proper eftates,
kameouty ? notwithftanding fuch attorney or truflee, may renounce or difclaim acting as fuch be-
tates. fore the faid tax is levied unlefs, fuch attorney (hall make oath before the receivers ref-
Grrenoimceonpeclively that he hath bona fide renounced his power andattorneyfhip before thepay-
before'theux rnent of the faid tax becomes due, without having done it only with an intention to
avoid the payment of the faid tax. Provided always, That if fuch attorney fliall
within one year next after fuch oath made, again become attorney or truftee for fuch
abfent perfon or act as fuch, every fuch attorney fhall be liable to pay the faid tax as
is herein before directed, any thing herein before contained to the contrary thereof
notwithftanding, and for levying whereof the fame remedies fliall be, and are hereby
given as for levying the "tax to become due by virtue of this -act, on the proper eftate
of fuch attorney or truftee.
Mndsindefauie 8. And be it alfo enafted by the authority aforefaid. That in cafe any tracts of land
owned bv ab- ** * •/ J J 7 /
spntees, how.to fliall be found by the receivers to belong to any perfon or perfons living or refiding
out of the limits of this flate, and who have no attorney or attornies, truftee or truflees,
legally conftitutedin this flate, or which have not been returned to any of the receiv-
ers appointed for any county where the lands lie, then and in fitch cafe the receivers
fliall be, and they are hereby authorized and required to charge the faid lands for the
payment of the tax herein impofed, according to the quantity and quality thereof, and
for all taxes due by virtue of any former tax act, ratably and proportionably ac-
cording to the quantity of acres, as if the fame were in the actual poffeffion of fome per-
fon or perfons living or refiding in this flate, and forthwith for three fucceffive weeks
to publifh and give notice of fuch their charge and affeffment in the gazette ; and in
cafe of non-payment of the faid taxes, the faid lands fliall thereafter be liable to be pro-
ceeded againft by attachment as herein after mentioned.
-nx,howtobe 9. And be it enacted by the authority aforefaid, That the feveral rates and taxes here-
by rated and impofed, lhalhbe levied on the goods and chattels of the defaulter or de-*
faulters by warrant under the hand and feal of the collector or collectors of the coua-
TAX. 457
ty wherein fuch defaulter or defaulters {hall refide, to be directed to any conftable or
conftables thereof, requiring him or them to levy the fame by diftrefs and fale of the
defaulter or defaulters' goods and chattels, returning to him or them the overplus, if constable's fee*
any after deducting the charges following, viz. for ferving every warrant of execu -Van-ant £&.
tion one milling, and one (hilling in the pound, of every pound levied, and twopence
for every mile to be computed from the dwelling houfe of the conftable levying the
fame, to the place of refidence of every fuch defaulter or defaulters, and the collec-
tors refpectively mall, and may take one milling and lixpence for every fuch warrant, collectors' fca>
and in cafe no goods and chattels of the defaulter or defaulters can be found, then itrants.&c
fhall and may be lawful to and for the collector or collectors of the county wherein ReMesWtelfa.
any real eftate belonging to fuch defaulter or defaulters fhall lie, and he or they is or gy^^y*
are hereby required to caufe an attachment to be laid under his or their hands and
feals on fuch real eftate for the amount of the faid taxes and to caufe the fame to be
advertifed in the public gazette for three weeks fucceflively, at the end o*" which time
or as foon thereafter as the fuperior court fhall meet in fuch county, or in cafe of no
fuch court in fuch county, then as foon as the fuperior court fhall fit in the county
neareft thereto, the faid collector or collectors fhall, in cafe the owner or owners of
the faid land fhall ftiil be in default, make a return thereof to the faid court, and the
iury empannelled and fitting in the fame, mall be and they are hereby required fwith- By a judgment
out any emparlance being allowed) to give judgment againlt men defaulter or de-wurt,
faulters, for the amount of his, her or their taxes, together with cofts of fuit, and
thereafter an execution fhall iffue founded on the faid judgment, which fhall be pro-
ceeded in by the fheriff, and a fale made of the faid lands in the fame manner, and
attended with the like cofts as for any other debt recovered by judgment. ,
10. And be it enabled by the authority ajorefaid, That the feveral perfons herein collectors a*-
after named, fhall be collectors for the feveral counties herein after mentioned, pointed'
viz. for the county of Chatham, Richard Wylly, efq. for the county of Liberty,
Gideon Dowfe, efq. for the county of Effingham, Abraham Ravot, efq. for the
county of Burke, Ifaac Walker, efq. for the county of Richmond, Joel Barnettj
efq. for the county of Wilkes, Walton Harris, efq. for the county of Wafhington,
William Fitzpatrick, efq. for the county of Franklin, John Barton, efq. for the
counties of Glynn and Camden, John Berrian, efq.
it. And be it alfo enacted by the authority aforef aid, That all perfons whofoever, Taxtobspaut
who are poffeffed of any lands or flaves in this ftate in their own, or in the right of December,,
others, or any ways liable to pay tax by virtue of this aft, fhall pay in their taxes to
the feveral perfons hereby appointed to receive the fame, on or before the firft day
of December next, and the collectors fhall give a receipt, if required, to the perfon
paying the fame; and the faid colle6tors for the feveral counties refpeftively within
this ftate, fhall on or before the twentieth day of January next, clofe their accounts
and deliver the fame on oath to the treafurer for the time being, and after deducting
two pounds per hundred, as commiffions, pay the faid treafurer5 all fuch monies as collator*
fhall be by fuch collectors received in purfuance of this aft ; and the faid receivers C9mmib81Q**'
and colleftors for each county, fhall give an account in writing upon oath as afore-
faid of their own lands and flaves, after the manner aforefaid, to the faid treafurer, and ^r&?h«%
pay the tax thereon according to the rates appointed by this aft. returned.
12. And be it alfo enabled by the authority aforefaid, That any perfon or perfons Penaity for co-
in giving in, or rendering his or her account of lands or flaves or other taxable pro- p?openy.axab
4i>3 TAX.
perty, fhall wilfully conceal any part thereof, all fuch perfons fiiall forfeit the value
of the tax for what they fo concealed.
to"? "J fn ren-g *3- -And be it alfo enabled by the authority afore/aid. That any perfon neglecting or
UfwbYy twai. refuting to give in his or her account of the lands and flaves or other taxable proper-
ty to the receivers a fore fa id refpectively, at fuch time and place as they {hall apnoint
agreeable to this att, or by the frit day of June next, at fartheft, he or lhe ihall be
deemed a defaulter, and lhall be doubly taxed for all his or her lands or flaves or other
taxable property.
Tax preferred 14. And be it enabled by the authority afore [aid* That the taxes impofed bv this act.
to all securities » / ■ ' ™
&<--. 'fhall be preferred to all fecurities and encumbrances whatever; and that in cafe any
perfon lliall happen to die between the time of giving in his or her account to the laid
receivers, and the paying of his or her tax, and any goods or chattels of the deceafed,
to the value of the lum fo taxed, fhall come into the hands of his or her executors
or adminiftrators, or any executor, in their own wrong, fuch executors or admini-
ftiators fhall pay the fame by the time before limited, prior to all judgments, mort-
gages, or debts whatfoever ; or oiherwife a warrant of execution fhall iifue againft
Administrators, the proper goods of fuch executors or administrators : and if any perfon, between
P,iy out of their the time of rendering the account of his or her eftate to the receiver asaforefaid and
own estates. o ii-n'
the time of paying in his or her tax, fhall be about to depart this date, the faid col-
leelor is hereby directed and required forthwith to levy the fame, notwithstanding
the day of payment is not already come, unlefs fuch perfons will find fureties to the
liking of the collector for the payment thereof at the time of payment.
Deeds, &c. 15- And be it alfo enabled by the authority aforefaid, That all deeds of gift, convey-
the parent of arises, mortgages, fales and alignments of lands and tenements, goods and chat-
knclndTo'id. tels of any perfon whofoever, made with an intent to avoid paying the tax, are hereby
deemed and declared to be fraudulent, null and void to all intents and purpofes what-
Motigageeiu- foever. And in cafe any perfon who has mortgaged any part of his eftate real or
c^esVor'taK1! perfonal, mall refufe or neglect to pay the tax for the fame, the mortgagee fhall be
anfwerable and liable to pay the fame. Provided, That fuch eftate fhall be in the
poffeffion of the mortgagee.
Executions- x 6. And be it enabled by the authority aforefaid, That the treafurer for the time be-
co!ieao?sr.mer ing, be and is hereby empowered and required to grant executions againft all former
collectors of taxes, provided the fame are not paid into thetreafury on or before the
collectors. fir ft day of May next; and againft ail collectors of tfce prefen.t tax hereby impofed
if the lame fhall not be paid on or before the time is elapfed for paying the fame ; and
if any collector or treafurer or other perfon fhall be fued for any matter or thing by
General issue him or them done, in the execution of this act, it mall and may be lawful for fuch
perfon or perfons to plead the general iffue, and give this act and the fpecial matter
in evidence ; and in cafe judgment fhall be given for the defendant or defendants, or
the plaintiff fhall fuffer a non-fuit or difcontinue his action, the faid defendant or de-
fendants fhall recover cofts of fuit.
jDnehaifofthe 17- ^nd be it enabled, That any perfon liable to pay tax mall be at liberty to dif-
fnxaSbdS charge one half of his, her or their tax in audited accounts or certificates, and the trea-
furer is hereby directed to receive the faid moiety or one half, in audited- accounts or
certificates from the collectors of faid tax.
By order of the Houfe.
JOSEPH HABERSHAM, Speaker,
Savannah, February 21, 1785.
TAX. 459
An aU for imp o fin g a tax on the inhabitants of the fate of Georgia, and other p erf ons
holding properly real or perfonal therein, for the life and fup port of the government
thereof from the firfl day of January to the thirly-frjl day of December^ one thou-
find f even hundred and eighty-fix.
/"HERE AS it is expedient that a fum mould be raifed for the purpofe of dif- rreamkie,
charging the debt of this ftate, and for defraying the expences of govern-
ment:
i. Be it therefore enacted by the reprefentatives of the freemen of the fate of Georgia Taxonanumu
in General Affembly met, and by the authority of the fame, That a tax often fhiliings vey«i.
for every one hundred pounds value of all lands within this fcate, granted to or fur-
veyed for any perfon,. as fuch lands fhall be eltimated at, fhall be levied on the fame
according to the-following mode, viz.
All tide fwamp (including ifiands) cultivated and uncultivated, of the firft quality, CUsseiitxi^.
.fhall be rated at four pounds feventeen millings per acre; ditto of the fecond qua- tfqu»uty!.as
lity, three pounds; ditto of the third quality, one pound feventeen millings.
All pine barren lands adjoining fuch fwamp, or contiguous thereto, and within three
miles of water carriage, at fifteen fhiliings.
All prime inland fwamp, cultivated or uncultivated, at an average of three pounds
feven millings.
Ditto of the fecond quality, at one pound feventeen (hillings.
Ditto of the third quality, at fifteen (hillings.
Pine barren lands adjoining or contiguous thereto, feven millings.
Saltmarfh, at four millings.
High river fwamp or low grounds (including ifiands) cultivated and uncultivated (in-
cluding fuch as are commonly called fecond low grounds) lying above Abercorne,
and as high as the mouth of M'Bean's Creek on Savannah River, of the fir ft qua-
lity, two pounds twelve fhiliings.
Ditto of the fecond quality, one pound ten fhiliings.
Ditto of the third quality, fifteen fhiliings.
High river fwamp or low grounds (including ifiands) cultivated and uncultivated (in-
cluding fuch as are commonly called low grounds) lying above M'Bean's Creek, as
high as the mouth of Rae's Creek, of the fir ft quality, three pounds fifteen fhil-
iings.
Ditto of the fecond quality, two pounds twelve fhiliings.
Ditto of the third quality, one pound two fhiliings.
High river fwamp (including ifiands) cultivated and uncultivated, from the mouth of
Rae's Creek to the mouth of Broad River, lying on the river Savannah, of the firit
quality, two pounds one milling.
Ditto of the fecond quality, one pound two fhiliings.
Ditto of the third quality, feven {hillings.
All good oak and hickory land (including ifiands) cultivated and uncultivated, from
the mouth of Rae's Creek to the mouth of Broad River, within one mile of Sa-
vannah River, of the firft quality, fifteen fhiliings.
Ditto of the fecond quality, feven fhiliings.
Ditto of the third quality, four fhiliings.
All good oak and hickory land (including ifiands) cultivated and uncultivated, from
the mouth of Broad River up the Savannah River, within one mile of the fame?
2
460 TAX.
and along the northernmoft ftream thereof (commonly called Keowee) to the
marked line on the faid ftream, of the firft quality, at eleven millings.
Ditto of the fecond quality, at fix millings.
Ditto of the third quality, at three (hillings.
All good oak and hickory land, (including iflands) cultivated and uncultivated, from
the mouth of Tugalo River to the faid marked line of the firft quality, eleven
(hillings.
Ditto of the fecond quality, at fix millings.
Ditto of the third quality, at three millings.
All good oak and hickory lands (including iflands) cultivated and uncultivated, from
the mouth of Broad River to the marked line or head thereof, of the firft quality,
at eleven (hillings.
Ditto of the fecond quality, at fix (hillings.
Ditto of the third quality, at three millings.
All high river fwamp or low grounds (including iflands) cultivated and uncultivated,
including fuch as are commonly called fecond low grounds lying above the mouth
of Canouchee Creek, to the mouth of Buck-head Creek, on the river Ogechee^
of the firft quality, at nineteen (hillings.
Ditto of the fecond quality, at eleven (hillings.
Ditto of the third quality, at four (hillings.
All good oak and hickory land (including iflands) cultivated and uncultivated, from-
the mouth of Buck-head Creek, to the head of Ogechee River, of the firft quality^
at fifteen (hillings.
Ditto of the fecond quality, at feven (hillings.
Ditto of the third quanty, at four (hillings.
All high river fwamps or low grounds (including iflands) cultivated and uncultivated,
including fuch as are commonly called fecond low grounds, from Cathead, on the
river Alatamaha, to the mouth of Oconee River, of the firft quality, at one pound
two (hillings.
Ditto of the fecond quality, at eleven (hillings.
Ditto of the third quality, at four (hillings.
All high river fwamp or low grounds (including iflands) cultivated and uncultivated,
including fuch as are commonly called fecond low grounds, rrom the mouth of Oco-
nee River, along the northern and fouthern dreams, or up to the marked line, of
the firft quality, at thirty (hillings.
Ditto of the fecond quality, at fifteen (hillings.
Ditto of the third quality, at four (hillings.
All oak and hickory land (including iflands) above the (lowing of the tide on all the
rivers from Cathead, on the river Alatamaha, to the river St. Mary's incluhve?
to the marked line, of the firft quality, at feven (hillings.
Ditto of the fecond quality, at four (hillings.
Ditto of the third quality, at two (hillings.
AH other oak and hickory land throughout this ftate, of the firft quality, at eleven
(hillings.
Ditto of the fecond quality, at fix (hillings.
Ditto of the third quality, at three (hillings.
All other pine land throughout the ftate, two (hillings.
All lands on the fea iflands, or lying on or contiguous to the (eaihore, ufually ctfttiva*
led or capable of cultivation in corn or indigo^ at two pounds five (hillings.
TAX. 461
Ditto of the fecond cfuality, one pound two (hillings.
Ditto of the third quality, at eleven fhiilings.
2. And be it mailed by the auth&rity afore/aid, That the fumof four fhiilings andp°nu».
eightpence, fhall be levied on all free male white perfons from the age of twenty-one
years and upwards, who are entitled to vote at elections in this ftate and the fum of
four millings on all negroes, and other flaves whatsoever, within the limits of the Taxonncgroe*.
lame; and the fum of ten millings for every one hundred pounds value of every
lot, wharf or other lands, and on all buildings within the limits of any town, village or on town lots,
borough within this ftate; and the fum of one pound eight fhiilings upon every four onorme«s
wheeled, and the fum of fourteen millings upon every two wheeled carriage, except
waggons, carts, and drays; and the fum of twenty-one fhiilings and ninepence upon
all male free negroes, mulattoes, and muftizoes from twenty-one to fixty years of
age, over and above any taxable property they may be polfeffed of; and the fum
of forty fhiilings for every ftudhorfe; and the fum often fhiilings for every one hun- on studhorse
dred pounds value of every perfon's (lock in trade, of perfons in trade, mopkeepers °r^"ckin
and others to be given in upon oath ; and the furn of three pounds five fhiilings and
threepence on every practitioner of phylic and law; and the fum of three pounds on praaitioners
five fhiilings and threepence on all factors, brokers, and vendue mailers throughout Paysie-
this ftate : Provided nevertkelefs, That in cafes of extreme indigence or infirmity, theProvL*9'
fuperior court of each county fhall be and they are hereby empowered to remit the
poll tax upon fuch indigent or infirm perfons appearing in court and claiming fuch in-
dulgence.
3. And be it further enabled by the authority afore/aid. That in cafe difficulty fhallarife^f^^**
in the mind of any perfon with refpect to the claffing his land, or valuing his build-
ings, then and in that cafe, it fhall and may be lawful for fuch perfon to call in three
freeholders, who fhall value and clafs the fame, and their certificate fhall be received
by the receiver, as the value and refpeftive clafTes of the fame : Provided, it fhall ap-
pear to the receiver that fuch freeholders have been qualified by a juitice for that
purpofe.
4. And be it further enabled by the authority aforefaid, That all perfons of the age£00s"d*
of twenty-one years, holding lands in this ftate, who fhall not refide within the limits
of the fame, or cultivate and improve his faid lands in manner as is herein after men-
tioned, fhall be doubly taxed, that is to fay, that the fum of one pound for every one
hundred pounds value of all lands within this ftate, fhall be levied on all fuch prop-
erty by the collectors herein after particularly named : Provided nevertkelefs, That
no member of congrefs or any other perfon fent from without the limits of the
ftate by public authority, fhall be fubjeCt to the foregoing double tax. And provi- ■Ptmla^
ded alfo, That if any perfon or perfons, who fhall be citizens or refidents in any
one of the United' States, fhall cultivate and improve the lands which he or they hold cultivation;
in this ftate, at the rate of three acres for every one hundred acres thereof, the fame
fhall be deemed a fufficient cultivation and improvement to excufe him or them
from the double tax within the meaning of this aQ. A double tax fhall alfo be laid
for all uncultivated lands, held by any one individual (whether refident or non-refi-
tlent) over and above two thoufand acres, and under fix thoufand ; a treble tax on Trebfetaxon
ali above fix thoufand and under twelve thoufand ; and a fourfold tax on all above $£££1$^
twelve, and under twenty-four thoufand; and fo on in progreffion one fold higher afi^eftwdw
in proportion to the double of the laft grade ; but a cultivation and improvement"10™114*"*'"
aforefaid at the rate of three acres for every hundred acres of land fuch individual
poffeffesj fhall be fuilicient to excufe iirch individual from the double tax aforefaid,
tax irr.-
in cer-
tain case^
402 TAX.
K-tfrnfto 5- And be it enabled by the authority afore/aid, That the mode of collecting the tax-
foVca?hcom- cs 1 1 1 a 1 1 be as follows : each county fhall be conlidered as divided into diftricTs, which
ia" fhall be the fame as are now laid off for the feveral companies of militia in each coun-
ty ; the fuperior court for each county {hall appoint one juftice of the peace in each
di ft rift, or where there is no juftice of the peace, fome other difcreet perfon to re-
ceive the returns of the taxable property agreeable to this act ; and who fhall be enti-
tled to receive thirty (hillings as a compenfation for his trouble, the fame to be paid
by the collector of the county out of the money received by him for taxes, or credit
him on his public account for the fame. The diftrict mall be laid out and the re-
ceivers appointed by the fuperior court of the county of Liberty, for the county of
Glynn and Camden, until courts are held in faid counties ; and the affiftant juftices
for the counties of Franklin, Greene and Wafhington are authorized and required at
the land courts in their refpective counties on the firft Monday in March next, to lay
out their diftricts and appoint the receivers of taxable property in each of the faid coun-
ties. And in cafe there mould not be a fufficient number of juftices collected at the faid
courts, or either of them, then and in that cafe it fhall be the duty of one or more of
the affiftant juftices to fend out their fummons to each of the juftices of their county,
or fo many as may be a fufficient number to form a court, on the firft Monday in
April, to perform the aforefaid duty or duties. It fhall be the duty of the receivers
fo appointed to give notice, by advertifement to the inhabitants of the diftrict, of the
time when they are to bring in their returns, at leaft thirty days before the time ap-
pointed ; he fhall make out a return, including the whole fo received by him, and al-
io the taxable property of non-refidents, and fuch defaulters as neglect or refufe to
make their returns within his diftrict, and tranfmit the fame to the clerk of the county,
and fiiall at the fame time give an account on oath of his taxable property : The
tf'erk of the , . o _ r 1 J
sourt, his duty, fa i cl clerk of the court fhall digeft the whole into one general return, containing a ftate
of the taxable property of the whole county; one copy of which he fiiall tranfmit to
the treafurer of the ftate, and another to the collector of the faid county appointed
by this act ; and fiiall enter the fame in a book to be kept in his office, for the free
inflection of the inhabitants, and he fhall be paid for his trouble the fum of five
pounds by the collector as aforefaid. " The returns of the receivers in the feveral dif-
tricts fiiall be laid before the next fuperior court of the counties to which they are re-
turned for their infpection, and the grand jury for the county fhall particularly ex-
coiieaoi-s shaii prefs their fentimeuts thereon ; the collector before he enters upon the duties of his of-
E'curuy. dn fice fiiall give bond, with good and fufficient fecurity in a fum jiot exceeding fifteen hun-
dred pounds to his honor the governor for the time being, and his fucceflors in of-
fice, to betaken by the fuperior court for the county, or one of the affiftant juftices
of fuch county, for the faithful performance of the duties of the faid office, and fhall
,. take the following oath : " I, A. B. appointed collector of taxes for the county of
And t.ike this ^ *■ *■ »
«*<*• do folemnly fwear that I will faithfully difcharge the duties required ol me
by law; and that I will not directly or indirectly, exchange or fuffer to be exchanged,
any gold or filver coin, that I fiiall receive for or on account of taxes, for certificates
or paper of any denomination whatever, or drafts on the trealury for audited certifi-
cates." And in cafe of the death, or refufal, or neglect of fuch collector to enter fuch
bond, or take fuch oath, then his honor the governor in council, is hereby authori-
zed and required to appoint fome other perfon willing to accept the fame, who fiiall,
in manner required by this act, enter into bond, and be veiled with all the powers by
fbeirduty. this act given to the collectors herein after appointed : The collector fiiall attend in
each diftrict of the county, for the purpofe of receiving the taxes, and fhall give notice
TAX. 463
in each diftrict by public "advertifemeht, at leaft fifteen days before, of the time and
place where he (hall give fuch attendance: And if any collector mail pre fa me to exe-
cute the faid office wiihout having given bond and fecurity as aforefaid, fuch collector one hundred
r- /• • r fiii 11 11 r rounds penalty
fhall forfeit and pay the fum or one hundred pounds, to be recovered by any perlon f<«acungwita-
r J i J j j l out giving
who fhall inform and fue for the fame. bona,&c.
6. And be it alfo enabled by the authority aforefaid, That all perfons whatfoever,
who are poiTeffed of any lands granted to or furveyed for any perfon or perfons, n^S^X
(lave or (laves, carriages, either in their own right or in the right of any other per-
fon, or are liable to pay any other tax by virtue of this a6t, mail, on or before the
fir ft day of June next, render a particular account thereof in writing, upon oath or
affirmation, fetting forth, in what county the faid lands and flaves are, to the belt of
his or her knowledge, to the receiver in the diftrict where fuch perfon refides at fuch
time, and as the faid receiver mail direct and appoint for the doing thereof, fo that
the fame be done on or before the firft day of June aforefaid; which oath or affirm-
ation (hall be in the words following: " I, A. B. -do (wear (or affirm, as the cafe <>»<*•'
may be) that the account which I now give in is a juft and true account of the quan-
tity and quality ofthe lands grantedto or furveyed for me, which I now hold or lay
claim to, and of the number of all (laves, riding carriages, (lock in trade, or any
other taxable property which I am poffeffed of, interefted in or entitled unto, either
in my own right or in the right of any other perfon or perfons whatfoever, as guar-
dian, executor, attorney, agent or truftee, or in any other manner whatever, accord-
ing to the befl: of my knowledge, information and belief; and that I will give a juft
and true anfwer to all lawful queftions that may be allied me touching the fame; and
this I declare without any equivocation or mental refervation whatfoever. So help
me God." Which oath or affirmation the receivers fo appointed are hereby duly
authorized, enjoined and required to adminiiler.
7. And whereas there are divers tracts of land and flaves in this "(late, held, owned
or claimed by perfons notreiidents here, who pay no tax or other charges towards
the fupport of the government of this (late: Be it therefore enacted by the authority Attornies,**
aforefaid, That all attornies, Iriiftees of or for any perfon or perfons living without tot^Lmi
the limits of this (late, mall make due and true returns to the receiver in the diftrict states, 0UB
where fuch attorney or truftee lives or refides as aforefaid, of all lands and (laves be-
longing to fuch abfent perfons for whom they are attornies or truftees, and that fuch
attornies or truftees (hall be fubject and liable to pay the tax to become due by virtue
of this act, or which is due by any former tax acts for fuch lands and flaves, out of his
or their own proper eftate; notwithstanding fuch attorney or truftee may renounce or dif- g^fSSS^
claim acting as fuch before the faid tax is levied, unlefs fuch attorney fhall make oath 2£l;bcforeiti*
before the receivers refpectively, that he hath bona Jide renounced his power and at- Proviw.
torneyfhip before the payment of the faid tax became due, without having done it on-
ly with an intention to avoid the payment of the faid tax: Provided always, That if
fuch attorney fhall, within one year next after fuch oath made, again become attor-
ney or truftee for fuch abfent perfon, or act as fuch, every fuch attorney (hall be lia-
ble to pay the faid tax as is herein before directed, any thing herein before contained
tD the contrary thereof notwithftanding; and for levying whereof the fame remedies
fhall be and are hereby given as for levying the tax to become due by virtue of this
act on the proper eftate of fuch attorney or truftee.
8. And be it alfo enabled by the authority aforefaid, That incafe any tracts of land fhall
be found by the receivers to belong to any perfon or perfons, living or redding out5'1'
of the limits of this ftate; and who have no attorney or attornies, truftee or truftees.
Lands of ah'sen-'
not given
how treated.
464 TAX.
legally conftituted in this ftate, or which have not been returned to any of the receiver*
appointed for the counties, where the lands He, then and in fuch cafe the receivers
fhall be and they are hereby authorized and required to charge the faid lands for the
payment of the tax herein impofed, according to the quantity and quality thereof;
and for all taxes due by virtue of any former tax acl, ratably and proportionally ac-
cording to the quantity of acres, as if the fame were in the actual poffeffion of fome
perfon or perfons living or reiiding in this Rate ; and forthwith for three fucceffive
weeks to publifh and give notice of fuch their charge and affeffment in the gazette;
and in cafe of no payment of the faid taxes, the faid lands fhall thereafter be liable
to a double tax ; and to be proceeded againft by attachment as herein after mentioned.
Lands of dti- g. And be it further enatled by the authority afore [aid , That if it mould be found
tobVtreatedin there are anv lands or other taxable property which belong to citizens of this (rate,
the same man- . . ' , 1 i • 1 i i r l 1 1
»ei« and which have not been returned to the receivers agreeable to the time preicnbed by
law, the faid receivers fhall proceed to charge the laid lands for the payment of the
tax herein impofed in the fame manner as is prefcribed in the claufe immediately pre-
ceding, and make return thereof to the collector for the county in which his diftricl
lies; and the faid receiver, or perfon giving him information againft fuch defaulter,
fhall be entitled to and receive one half of the amount of the tax fo recovered.
Griffs made 10. And be it further enatled by the authority afore/aid. That it fhall be the duty of
the fherifFs of the feveral counties in this ftate to collect the taxes impofed by this acl.
Ao'intedlforrap" li% And whereas the counties of Glynn and Camden have no fheriff yet appoint-
«amaea"d e^ f°r them or either of them : Be it therefore enatled by the authority aforefaid, That
Michael Rudolph be, and he is hereby appointed collector for the faid counties of
Glynn and Camden.
Tax, when to 12. And be it alfo enatled by the authority aforefaid, That all perfons whofoever, who
epa' ' are poffefled of any lands or flaves in this ftate, in their own right, or in the right of
others, or any wife liable to pay tax by virtue of this aft, fhall pay in their taxes to the
feveral perfons hereby appointed to receive the fame on or before the firft of Novem-
ber next enfuing ; and the collector fhall give a receipt if required to the perfon pay-
ing the fame, and for that purpofe the collectors fhall give regular attendance in their
refpeclive counties; and if at the expiration of the faid firft day of November, any
•oodian/ perfon or perfons fhall ftill be in default, the collector fnall immediately proceed
khv^don,0ifbto againft fuch defaulter or defaulters, by diftrefs and fale of the goods and chattels if to
wJKUnd.uttlcr' be found, otherwife on the land of fuch defaulter or defaulters, or fo much thereof as
will pay the whole amount of taxes due with cofts; and the faid collectors for the feve-
ral counties refpeftively within this ftate, fhall on or before the firft day of January,
coiieftorsto one thoufand feven hundred and eighty-feven, dole their accounts and deliver the
account" onieir fame on oath to the treafurer for the time being, and after deducting two and one
TheYrsommis-half per cent, commiflions, pay the faid treafurer all fuch monies, as fhall be by fuch
collector received in purfuance of this act; and the faid collectors for each county
(hall give an account in writing upon oath as aforefaid, of their own lands and flaves,
and other taxable property, after the manner aforefaid, to the treafurer and pay the
taxes thereon according to the rates appointed by this ach
*ena!ty forces 13- And be it alfo enafied by the authority aforefaid, That jf any perfon or perfons
"xabiTproper- m giving in or rendering his or her account of lands or flaves, or other taxable pro-
tr* perty? fhall wilfully conceal any part thereof, ail fuch perfons fhall forfeit twice the
value of the tax for what they fo concealed.
SSStittfq* 1i' ^n^ ^e ** afo enacted by the authority aforefaid, That any perfon neglecting or
refuting to give in his or her account of the lands and flaves or o&her taxable proper-
TAX. 465
ty, to the receivers aforefaid refpeBively at fuch time and place as they (hall appoint
agreeably to this aft, he or fhe fhall be deemed a defaulter, and (hall be doubly taxed
for all his or her lands or flaves, or other taxable property.
15. And be it alfo enabled by the authority afore) 'aid ', That the taxes impofed by this x.* prefers*
act, fhall be preferred to all fecurities and encumbrances vvhatloever ; and that in cafe °
any perfon ft all die between the time of giving in his or her account to the faid re-
ceivers, and the paying his or her tax, and any goods or chattels of the deceafed, to
the value of the fum fo taxed, mall come into the hands of his or her executors or ad- Administer
miniftrators, or any executors in their own wrong, fuch executor or adminiftrator, tors,*c
fhall pay the fame by the time before limited, prior to all judgments, mortgages or
debts whatfoever, or otherwife a warrant of execution fhall iffue againft the proper
goods of fuch executor or adminiftrator; and if any perfon between the time of ren- ^de^olc
dering the account of his or her eftate to the receiver aforefaid, and the time of \ ay-sUl€"
ing in his or her tax fhall be about to depart this ftate, the faid collector is hereby
directed and required forthwith to levy the fame, notwithstanding the day of payment
is not already come, unlefs fuch perfon will find fure'ties to the liking of the collector
for the payment thereof at the time of payment.
16. And be it further enabled by the authority aforefaid, That all deeds of gift, con- Deed<i &ei
veyances, mortgages, fales, and alignments of land and tenements, goods and chat- £h?ftax.cdSem.
tels of any perfon whatever, made with ""an intent to avoid paying tax, are hereby voki!udale"tfe
deemed and declared to be fraudulent, null and void, to all intents and purpofes what-
foever ; and in cafe any perfon who has mortgaged any part of his eftate real or per-
gonal fhall refufe or neglect, to pay the tax for the fame, the mortgagee fhall be an-
fwerable and liable to pay the fame, provided that fuch eftate fhall be in poffeffion
of faid mortgagee.
17. And be it further enabled by the authority aforefaid, That the treafurer for the ^nsfeofiSc-'
time being, be and he is hereby empowered and required to grant executions againft tors'
all former collectors of taxes, provided the fame are not paid into the treafury before
the firftdayof June, except the collectors of the counties of Wafhington and Frank-
lin, who are required to make and return the fir ft of September, and againft all col-
leclors of the prefent tax hereby impofed, if the fame fhall not be paid on or before
the time iselapfed for paying the fame : And if any collector, or treafurer, or other ^"^ ^
perfons, fhall be fued for any matter or thing done in the execution of this act, it fhall
and may be lawful for fuch perfon or perfons to plead the general iffue and give this
act and the fpecial matter in evidence, and in cafe judgment fhall be given for the de-
fendant or defendants, or the plaintiff fhail fuffer a non-fuit or difcontinue his action,
the faid defendant or defendants fhall recover cofts of fuit.
18. And be it further enabled by the authority aforefaid, That one half part of the ?"» *° ?>« j»'*
amount of the taxes impofed by this act, fhall be paid in gold or filver coin or orders *»,&<=.
on the treafury, and nothing elfe. and the remaining moiety may be difcharged in cer-
tificates.
19. And be it further enabled, That the a 61 for the regular eftablifhment and fup- Awrtauia*
port of the public duties of religion, fo far as it refpects the appropriation of fourpence
in the hundred pounds for the fupport of miriifters, and which regulates the manner in
which they fhall exercife their functions, is hereby declared to be repealed.
By order of the Houfe.
■ WILLIAM GIBBONS, Speaker.
Augufta, February 13, 1786.
3 N
465 TAX.
An aft for impofing a tax on the inhabitants of the ft ate of Georgia, and other perfons
holding property, real or perfonal therein, for the ufe andfupport of the government
thereof from the firfl day of January to the thirty -ft rfl day of December, one thou-
fand feven hundred and eighty-feven,
preamble. l. TTTHEREAS it is expedient that a fum fhould be raifed for the purpofe of
\ Y difcharging the debts of this (late, and for defraying theexpences of gov-
Landsgrasted ernment. Be it therefore enabled, by the reprefentatives of the freemen of the Jtate
u«£eyed' of Georgia, in General Affembly met, and by the authority of the fame, That a tax
' of twelve (hillings and lixpence for every one hundred pounds value of all lands
within this ftate, granted to, or furveyed for any perfon, as fuch lands fhall be ef-
timated (hall be levied on the fame according to the following mode, viz,
tSoVmng" All tide fwamp, (including iflands) cultivated and uncultivated, of the firfl quality,
totality. H^ all be rated at four pounds feventeen millings per acre.
Of the fecond quality, three pounds.
Of the third quality, one pound feventeen (hillings.
All pine barren lands adjoining fuch fwamp, or contiguous thereto, and within three
miles of water carriage, at fifteen (hillings.
All prime inland fwamp, cultivated and uncultivated, at. an average of three pounds
feven (hil lings.
Of the fecond quality, at one pound feventeen (hillings.
Of the third quality, at fifteen (hillings.
Pine barren lands adjoining or contiguous thereto, feven (hillings.
Salt marfli, at four (hilllings.
High river fwamp or low grounds (including ifland:-) cultivated or uncultivated,
including fuch as are commonly called fecond low grounds, lying above Aber-
corn, and as high as the mouth of M'Bean's Creek, on Savannah River, of the
firfl quality at two pounds twelve (hillings.
Of the fecond quality, one pound ten (hillings.
Of the third quality, fifteen (hillings. *
High river fwamp or low grounds (including iflands) cultivated or uncultivated, in-
cluding fuch as are commonly called fecond low grounds, lying above M'Bean's
Creek, and as high as the mouth of Rae's Creek, of the firfl quality, three pounds
fifteen (hillings,,
Of the fecond quality, two pounds twelve (hillings.
Of the third quality, one pound two (hillings.
High river fwamp (including iflands) cultivated and uncultivated, from the mouth
of Rae's Creek to the mouth of Broad River, lying on the river Savannah, of the
firfl quality, two pounds one (hilling.
Of the fecond quality, one pound two (hillings.
Of the third quality, feven (hillings.
All oak and hickory land (including iflands) cultivated and uncultivated, from the
mouth of Rae's Creek, to the mouth of Broad River, within one mile of Savan-
nah River, of the firfl quality, fifteen (hillings.
Of the fecond quality, feven (hillings.
Of the third quality, four (hillings.
All oak and hickory land (including iflands) cultivated or uncultivated, from the
mouth of Broad River up the Savannah River3 within one mile of the fame, and
TAX. i67
along the northernmoft ftream thereof (commonly called Keowee) to the marked
line on the faid ftream, of the firft quality, at eleven (hillings.
Ofthefecond quality, at fix (hillings.
Of the third quality, at three (hillings.
All oak and hickory land ^eluding. iflands) cultivated or uncultivated, from the
mouth of Tugalo River to the faid marked line, of the firft quality, at eleven
(hillings.
Of the fecond quality, at fix (hillings.
Of the third quality, at three (hillings.
All oak and hickory lands (including iflands) cultivated or uncultivated, from the
mouth of Broad River to the marked line or head thereof, of the firft quality at
eleven (hillings.
Of the fecond quality, at fix (hillings.
Of the third quality, at three (hillings.
All high river fwarop or low grounds (including iflands) cultivated or uncultivated,
including fuch areas commonly called fecond low giounds, lying above fort Argyle,
to the mouth of Buckhead Creek on the river Ogechee, of the firft quality, at
nineteen (hillings.
Of the fecond quality, at eleven millings.
Of the third quality, at four (hillings.
All oak and hickory land (including iflands) cultivated or uncultivated, from the
mouth of Buckhead Creek to the head of Ogechee River, of the firft quality, at
fifteen (hillings.
Of the fecond quality, at feven (hillings.
Of the third quality, at four (hillings.
All high river fwamp or low grounds (including iflands) cultivated or uncultivated, in*
eluding fuch as are commonly called fecond low grounds, from Cathead on the
river Aiatamaha, to the mouth of Oconee River, ol the fuft quality, at one pound
two (hillings.
Ofthefecond quality, at eleven (hillings.
Of the third quality, at four (hillings.
All high river fwamp or low grounds (including iflands) cultivated or uncultivated*
including fuch as are commonly called (econd low grounds, from the mouth of Oco*
nee River along the northern and fouthern dreams, and on the north fide of the
Indian boundary line, of the firft quality, 'at thirty (hillings.
Of the fecond quality, at fifteen (hillings.
Of the third quality, at four (hillings.
All oak and hickory land (including iflands) above the flowing of the tide on all the
rivers (rom Cathead, on the river Alatamaha, to the river St. Mary's, inclufive,
to the marked line, of the firft quality, at (even (hillings.
Of the fecond quality, at four (hillings.
Of the third quality, at two (hillings.
All other oak and hickory land throughout theftate, of the firft quality, at eleven (hillings.
Of the fecond quality, at fix (hillings.
Of the third quality, at three (hillings,
Ail other pine land throughout the date, at two (hillings.
AH lands on the fea-iflands, or lying on or contiguous to the fea-fhore, ufually cul-
tivated, or capable of cultivation in corn or indigo, of the firft quality, at two
pounds five (hillings.
o
3
4C8
TAX.
Tax on all fre«
male white per-
On negroes.
Onlots, &€.
On tarriagcs.
tly/ree negroes.
On stock in
trade
On professions.
Breviso.
Lands in what
manner to be
classed.
rouble tax on
non-residents,
male.
Proviso.
Cultivation.
What shall be
deemed citlti-
» at Urn
Of the fecond quality, at one pound two [hillings.
Of the third quality, af eleven {hillings.
2. And b'e it enabled by the authority aforefaid, That the fura of five [hillings fhaiT'
be levied on all free male white perfons from the age of twenty-one years and up-
wards in this ftate, and the fum of five millings on all negroes and other flaves whatfo-
ever, within the limits of the fame, and the fum of twelve [hillings and lixpence
for every one hundred pounds value of every lot, wharf or other lands, and on ail
buildings within the limits of any town, village or borough within this Rate, and the"-1
fum of two pounds upon every four-wheeled, and the fum of one pound upon eve-
ry two-wheeled carriage, except waggons, carts and drays, and the fum of five [hil-
lings upon all male free negroes, mulattoes and muftizoes, from twenty-one to fixty
years of age, over and above any taxable property they may be poffeffed of, and
the fum of twelve [hillings and fix pence for every one hundred pounds value of
every perfon's ftock in trade, of perfons in trade, fhopkeepers and others, to be gi-
ven in upon oath, and the fum of four pounds on every practitioner of phyfic ot
law, and the fum of four pounds on all faCtors, brokers and vendue mafters through-
out this ftate: Provided neverthelefs, That in cafes of extreme indigence or infirmity
the fuperior court of each county [hall be, and they are hereby empowered to remit
the poll tax upon fuch indigent or infirm perfon claiming fu-ch indulgence.
3. And be it further enacted by the authority aforefaid, That in cafe difficulty mall
arife in the mind of any perfon with refpecl to the claffing of his lands or valuing
his buildings, then and in that cafe, it fhall and may be lawful for fuch perfon to call
in three freeholders, who fhall value and clafs the fame, and their certificate [hall be
received by the receiver as the value and refpeCtive claffes of the fame : Provided, it fhall ap-
pear to the receiver that fuch freeholders have been qualified by a juftice for that purpole.
4. And be it further enabled by the authority afore/aid, That all perfons of the age
of twenty-one years, holding lands within this ftate, who [hall not refide in the
limits of the fame, or cultivate and improve his faid lands in manner as is herein-
after mentioned, [hall be doubly taxed, that is to fay, that the fum of twenty-five
millings for every one hundred pounds value of all lands within this ftate, [hall be
levied on all fuch property by the collectors herein after particularly named: Provi-
ded neverthelefs, That no member of congrefs or any other perfon fent from with-
out the limits of the ftate by public authority, fhall be fubjeft to the foregoing dou-
ble tax: And provided, That if any perfon or perfons who [hall be citizens or refi-
dents in any one of the United States, fhall cultivate and improve the lands which he
or they hold in this ftate, at the rate of three acres for every one hundred acres
thereof, the fame lhall be deemed a fufficient cultivation and improvement to excufe
him or them from the double tax within the meaning of this aCt. A double tax
mail be alfo laid for all uncultivated lands held by any one individual, whether
refident or non-refident, over and above two thoufand acres; but a cultivation and
improvement aforefaid, at the rate of three acres for every hundred acres of land
fuch individual poffeffes, [hall be fufficient to excufe fuch individual from the double
tax aforefaid: Provided, fuch cultivation be particularly fpecified and made a part of
the return on oath.
5. And whereas, doubts may arife in determining what [hall be deemed a lawful
cultivation of fuch traCt or trafts of land, as to exempt the proprietor or proprietors
from a double tax : Be it therefore enabled by the authority aforefaid, That all cleared
land under a good fence or enclofure for pafturage, or planted annually in any man-
ner whatever : either by ploughing or hoing, [hall be deemed a cultivation, and no other,
TAX. 4^9
6. And be it enacted by the authority afore faid, That the mode of colle&ing. Receivers of
-/ y J J * o ^ax returns ;ip-
the taxes fhall be as follows : each militia company fhall form one diftncr. The fu-?°^rby*£
perior court at the dated fpring term mall appoint a magistrate or fome other dif-
creet perfon in each diftrift, to receive the returns of taxable property in each
diitrict : And the clerks of the refpective courts fhall, within twelve days after fuchcierks.tft^
appointment, give notice thereof to the perfons appointed receivers, under the pe-
nalty of one hundred pounds in cafe fuch notice is not given: And the receiver fo
appointed, and after being notified as above, fhall be, and they are hereby required,
under the penalty of one hundred pounds, within twelve days from the lime of his Penalty fame-
being fo notified, to Signify to one of the affifrant juftices of the county his refufal*'1
cf the faid office, or mall appear before him and take the following oath: " I, A. B. Receive t»t&
do folemnly promife and {wear, that I will truly and faithfully perform the duty of
receiver of returns of taxable property in the diftrifct to which I am appointed." In
cafe the perfon fo appointed fir all fignify his refufal, or the clerk fhail neglect to give
notice as above, the laid affiftant juftice fliall fend out his fummon to form a court
within ten days, who fhall take fuchmeafures as they may find neceffary to procure,
and before them at faid meeting duly qualify as above, fome difcreet perfon to do faid
duty: Provided, the lame fhall not exceed the expence of three pounds, which theProvi£*1
faid court fhall affefson the faid diftrift, to be noted in the return of the faid receiver,
and collecled in the general tax : And it fhall be the duty of the receivers fo appoint-
ed to give notice by advertifement to the inhabitants of the diftricl of the time when
they are to bring in their returns, at leaft ten days before the time appointed; he fhall
make out a return, including the whole fo received by him, and alfo all the taxable pro-
perty of non-refidents and fuch defaulters as neglect or refufe to make their returns
within his difiricl, and tranfmit the fame to the clerk of the county on or before the
firft day of July, and fhall at the fame time give in an account on oath of his taxable
property, and publifh, within one month thereafter, in the gazette, the names of all
fuch as have refufed or neglecledto give in their returns agreeably to law, under the
penalty of fifty pounds for his neglect; and the faid receivers fliall be entitled to re-
ceive one milling for each return in his diftriB, to be allowed by the court, and cre-
dited on the tax of fuch receiver or his order in full compenfation for his trou-
ble. The clerk of the court fnall digeft the whole into one general return, agreea-
bly to the form annexed to this act, containing a ftate of the taxable property of
the whole county, one copy of which he mail tranfmit to the treafurer of the ftate,
and another to the collector of the faid county appointed by this act, and one
fhall be kept in his office for the free infpeftion of the inhabitants; and he fhall .
be paid for his trouble the fum of one penny for every perfon returning his tax,
to be paid by the collector as aforefaid. The returns of the receivers in the
feveral diftrifts fhall be laid before the next fuperior court of the counties to which
they are returned for their infpeclion, and the grand iury for the county mail parti- poiieaorsto
,, ,.«.1 ° J J J 1 give bond and
cularly expreis their fentiments thereon. The collector, before he enters upon the security,
duties of his office, fhall give bond, with good and fufficient fecurity, in a fum not
exceeding, for the county of Chatham, eight thoufand pounds; for the county of
Effingham, two thoufand pounds; for the county of Burke, four thoufand pounds;
for the county of Richmond, five thoufand pounds; for the county of Wilkes, eight
thoufand pounds; for the county of Liberty, five thoufand pounds; for the county
of Glynn, one thoufand pounds; for the county of Camden, two thoufand pounds;
for the county of Wafhington, two thoufand pounds; for the county of Franklin,
one thoufand pounds; for the county @f Greene, one thoufand pounds; to his ho-
nor the governor for the time being and his fucceiTors in office? to be taken by the
470 TAX.
fuperior court for the county, or one of the affiftant juilices of fuch county, for
the faithful performance of the duties of the faid office, and fhall take the following
AndWe this oatn *• " I? A. B. appointed collcftor of taxes of the county of , do fo-
va&acics. leinnly fwear, that I will faithfully difcharge the duties required of me by law." And
in cafe of the death, or refufal, or neglect of fuch- collector to enter into fuch bond,
or take fuch oath, then his honor the governor in council is hereby authorized and
required to appoint fome other perfon willing to accept the fame, who mail, in man-
ner required by this act, enter into bond, and be veiled with all the powers given
to the collectors herein after appointed. The collector fhall attend in each diftrid
of the county for the purpofe of receiving the taxes, and fhall give notice in each
diftrict by public advertifement at lead fifteen days before, of the time and place
where he fhall give fuch attendance; and if any collector (hall prefume to execute
the (aid office without having given bond and fecurity as aforefaid, fuch collector
ihall forfeit and pay the fum of one hundred pounds for every fuch offence, to be
recovered by any perfon who fhall inform and fue for the fame.
Theirhondsto 7 '• And be it further . enabled, That all bonds and fecurities given by the collectors
tourer0. the appointed by or in purfuance of this aft, fhall be tranfmitted by the perfon taking the
fame to the treafurer, on or before the firft day of January next, under the penalty
of five hundred pounds for every neglect or refufal.
Returns. r tax- 8. And he it aifo enable d by the authority aforefaid, That all perfons whatfoever,
toT?epmalue% who are poffeffed of any lands granted to, or furveyed for any perfon or perfons,
flav.es, or carriages, either in their own right or iri the right of any other perfon, or are
liable to pay any other tax by virtue of this act, fhall on or before the firft day of
June next, render a particular account thereof in writing upon oath or affirmatioiij
letting forth in what county the faid lands and flaves are to the beft of his, her or their
knowledge, to the receiver in the diftrict where fuch perfons reudes, at fuch time and
place as the faid receiver fhalljdirecl; and appoint for the doing thereof, fo that the fame
be done on or before the firft day of June aforefaid : which oath or affirmation fhall be
The oah. in the words following : $' I, A. £. do folemnly fwear (or affirm as the cafe may be)
that the account which I now give in is a juft and true account of the quantity and qua-
lity of the lands granted to, or furveyed for me of which I was pofleffed, held or laid
claim to, on the firft day of April, one thoufand feven hundred and eighty-feven,
and of the number of all flaves, riding carriages, flock in trade, or of any other taxa?
ble property of which I was then poffeffed, interefted in or entitled unto, either in my
own right or in the right of any other perfon or perfons whatfoever, as guardian, exe-
cutor, attorney, agent or truftee, or in'any other manner whatfoever, according to the
beft of my knowledge, information and belief; and that I will give a juft and truean-
fwer to all lawful queftions that may be afked me touching the fame; and this I declare
without any equivocation or mental refervation whatfoever. So help me God."
Which oath or affirmation the faid receivers fo appointed are hereby duly authorized,
enjoined and required to adminifter.
9. And to the intent, that the lands in this ftate, may be truly and faithfully return-
ifewAitvforcoa-ed and in the name of the real owner or proprietor of the fame, Be it enabled, That
Seretum. if any perfon fhall he guiity of neglecting or refuting to give in a return of his taxable
property, or fhall return the fame or any part thereof in the name of another or ficti-
tious perfon, and be thereof convicted before any court proper toiry the fame, he fhall
be liable to pay to the clerk of the county, a fine of ten pounds for every hundred
pounds valuation fo neglected or concealed, one moiety thereof for the ufe of the
county under the direction of the faid court, and the other moiety to the informer oj-
TAX. 471
informers ; and {hall alfo loTe his free law for fuch time, as he had fq concealed his
property, year for year, and (hall for fuch time be deprived of the privilege of vo-
ting at elections or bearing any part in' that government which he had thus refufed to
fupport.
10. And whereas there are clivers tracts of land and flaves in this, ftate, held, owned ^™;fs^rus-'
or claimed -by perfons not refidents here, who pay no tax or other charges towards ^j^™'s
the fupport of the government of this ftate: Be it therefore enacted by the authority ^^^
afore faid, That all attornies and tru flees of or for any perfon or perfons living without
the limits of this ftate, fhall make due and true returns to the receiver in the diftrict
where fuch attorney or truftee lives or refides as aforefaid, of all lands and flaves be-
longing to fuch abfent perfons for whom they were attornies or truflees, and that fuch
attornies or truflees (hall be fubject and liable to pay the tax to become due by virtue
of this aft, or which is due by any former tax acts for fuch lands and (laves, out of his
or their own prorer eftates; notwithstanding fuch attorney or trjftee may renounce or dis-
claim acting as fuch before the faid tax is levied, unlejs fuch attorney fhall make oath
before the receivers refpectivelv, that he hath bona fide renounced his power and at- or renounce,
r J ' J I their trust oil
torneyfhip before the payment of the faid tax became due, without having done it on- <»&■
ly with an intent to avoid the payment of the faid tax: Provided always, That if proviso.
fuch attorney fhall, within one year next after fuch oath made, again become attor-
ney or truftee for fuch abfent perfon, or a 61 as fuch, every fuch attorney fhall be lia-
ble to pay the faid* tax as is herein before directed, any thing herein before contained
to the contrary thereof notwithstanding; and for levying whereof the fame remedies
fhall be and are hereby given as for levying the tax to become due by virtue of this
act on the proper eftate of fuch attorney or truftee.
11. And be it alfo enacted by the authority aforefaid. That in cafe any tracts of L,ands/&c- °C
J y y J J ' / absentees, nut
land fhall be found by the receivers to belong to any perfon or perfons living or re- ^char^dw"°
Tiding out of the limits of this ftate, and who have no attorney or attornies, truftee
or truflees, legally conftituted in this ftate or which have not been returned to any
of the receivers appointed for the countie s where the lands lie, then and in fuch cafe,
the receivers fhall be and they are hereby authorized and required to charge the faid
lands for the payment of the tax herein impofed according to the quantity and qua-
lity thereof, and for all taxes due by virtue of any former tax act, rateably and pro-
portionably, according to the quantity of acres, as if the fame were in the a6hial
poffeffion of fome perfon or perfons living or refiding in this ftate; and forthwith
for three (ucceffive weeks, to publifh and give notice of fuch theirchargeand affeffment
in the gazette, and in cafe of non-payment ofthe faid taxes, the faid lands fhall thereaf-
ter be liable to a double tax, and to be proceeded againft by attachment as herein af- Double tax.
ter mentioned.
12. And be it further enabled by the authority aforefaid, That it fhall be the du ty t»*. g™*o
of the fheriffs of the feveral counties in this ftate, to collect the taxes impofed by
this act, and that the fecretary be inftructed to furnifh the fheriffs with the neceffary a6ts
to enable the different receivers to proceed on their appointments, and the fheriffs for
the time being fhall complete their collections notwithftanding they may not be re-
chofen at the en fuing election .
13. And be it alfo enacted by the authority aforefaid, That all perfons whofoever, when to be
who are poffeffed of any lands or flaves in this ftate, in their own right or in thepa" '
right of others, or any wife liable to pay tax by virtue of this act, fhall pay in their
taxes to the feveral perfons appointed to receive the fame, on or before the fifteenth
day of November next? enfuing? and the collector fhall give a receipt if required, to
47 * TAX,
the pcrfon paying the fame, and for that purpofe the colle&ors mall give regular at-
tendance in eachdiftrict in their refpeciive counties ; and if at the expiration of the
faid fifteenth day of November a«y perfon or perfons fhall dill be in default, the col-
ooodsand lector fhall immediately proceed again!!: fuch defaulter or defaulters, by diftrefs and
leueci/iftoiie fale of the goods and chattels, if to be found, otherwife on the lands of fuch defaul-
found, otlier-
wueiand. ter or defaulters, or fo much thereof as will pav the whole amount of taxes due with
cofts, fir ft giving five days' notice thereof by public advertifement ; and the faid col-
. lectors for the feveral counties refpectively within this ft ate, (hall on or before the fif-
teenth day of January, one thouiand fcven hundred and eighty-eight, clofe their ac-
counts and deliver the fame on oath to the treafurer for the time being, and after
deducting two and an half per centum commiffions, pay to the faid treafurer all fuch
monies as fhall be by fuch collectors received in purfuance of this act.
pwvdtyforre- 14- ^nd be it alfo enabled by the authority afore/aid. That any perfon fo neglecting
klnglTsele- or refufing to give in his or her account of the lands, or flaves, or other taxable pro-
perty, or any part thereof, to the receivers aforefaid refpectively, at fuch time and
place as they fhall appoint agreeably to this act, he or fhe fhall be deemed a default-
er, and fhall be taxed in double the fum which would have been due had the fame
been returned agreeably to tins act; the receivers fhall life their utmoft diligence
to difcover and return any taxable property fo concealed, for which fuch receivers or
other perfon who ihall thus detect fuch defaulter fhall be entitled to receive of the col-
lector one half of the double tax fo recovered of fuch defaulter.
Taxes, prefer- 15. 'And be it alfo enabled by the authority aforefaid, That the taxes impofed by
cumbrances. this act fhall be preferred to all fecurities and encumbrances whatever, and that in cafe
any peribn ihall die between the time of giving in his or her account to the faid re-
ceivers, and the paying of his or her tax, and any goods or chattels of the deceafed
to the value of the fum fo taxed fhall come into the hands of his or her executor or
Mmintstrator, adminiftrator, or any executor in his own wrong, fuch executor or adminiftrator
ihall pay the fame by the time limited, prior to ail judgments, mortgages or debts
whatfoever, or otherwife a warrant of execution 111 all i flu e againft the proper goods
of fuch executor or adminiftrator ; and if any perfon between the time of rendering
the account of his or her cftate to the receiver aforefaid, and the time of paying in
persons about his, her or their tax, fhall be about to depart the county in which he lives, the faid col-
iut"NC lector is hereby directed and required forthwith to levy the fame, notwithstanding
the day of payment is not already come; unlefs fuch perfon will find fecurity to the
liking of the collector for the payment thereof at the time of payment,
seeds, &c 16. And be it alfo enabled by the authority aforefaid. That all deeds of gift, eonvey-
this tax.frau- ances, mortgages, fales, and aifmnments of lands and tenements, goods and chattels,
cluk'iit and * o O ' . ' *-*. . . ' o »
re*d- of any perfon whatever, made with an intent to avoid paying the tax, are hereby
deemed and declared null and void; and in cafe any perfon who has bona fide mort-
gaged any part of his eftate real or perfonal, fhall reFufe or neglect to pay the tax for
the fame, the mortgagee fhall be anfwerable and liable to pay the fame. Provided^
proviso. That iuch eftate fhall be in poffeflion of faid mortgagee.
Executions .a. if. A nd be it further enabled by the authority aforefaid, That the treafurer for
ton?u the time being, be and he is hereby empowered and required to grant executions
againft al! former collectors of taxes who may be defaulters, immediately after the
?revi». paifmg of this act. Provided no executions fhall iffue againft the collectors for the
year one thoufand feven hundred and eighty fix, until the firft day of May ; nor
againft the collectors for the tax impofed by this act, until the fifteenth day of
January next,
TAX. 473
i3. Whereas, by a law patted the thirtieth of February, one thoufand feven hun-
dred and eighty-fix, it is made the duty of the receivers to return of the perfons of
every age, lex and condition within his district, which from unavoidable delays has
not yet been carried into full effect: Be it enacted by the authority aforefaid, That Further time
further time be given until the firft day of June next to complete fuch return; and fiSe thecge«&.
any perfon who fhall neglect or refufe to comply in the manner pointed out in faid"
act, by the faid firft day of June next, fhall be liable to the fine therein impofed, to
be fued for and recovered agreeably to faid act.
19, And be it further enacted, That all taxes impofed by this act, fhall be paid t« to be pa*
and received in gold and filver coin, or in bills of credit emitted by virtue of an act, &c. !
entitled " An act for emitting the fum of fifty thoufand pounds."
By order of the Houfe.
WILLIAM GIBBONS, Speaker.
Augufta, February iOj 1787c
&•••••••
An act for laying a tax for the year one thoufand feven hundred and eighty-eight.
i. "OE IT ENACTED by the reprefentatives of the freemen of the fate of Geor-rzxm
JL3 gia in General Ajfembly met, and by the authority of the fame, That a tax of •Tsurleyed.
twelve millings and fixpence for every hundred pounds value of all lands within this
ftate granted to, or furveyed for any perfon, as fuch lands fhall be eliimated, fhall be
levied on the fame according to the following mode, viz.
All tide fwamp (including iflands) cultivated or uncultivated, of the firft quality, Lands cussed &
if t r n Ml' rated accordiug
fhall be rated at four pounds feventeen millings per acre. to quant/.
Of the fecond quality, three pounds.
Of the third quality, one pound feventeen fhillings.
All pine barren lands adjoining fuch fwamp, or contiguous thereto, and within three
miles of water carriage, fifteen fhillings.
All prime inland fwamp, cultivated or uncultivated, at an average of three pounds
feven fhillings.
Of the fecond quality, one pound feventeen fhillings.
Of the third quality, at fifteen fhillings.
All pine barren lands adjoining or contiguous thereto, feven fhillings.
Saltmarfh, at four {hillings.
High river fwamp or low grounds (including iflands) cultivated or uncultivated (in-
cluding fuch as are commonly called fecond low grounds) lying above Abercorne,
and as high as the mouth of M'Bean's Creek on Savannah River3 two pounds
twelve fhillings.
Of the fecond quality, one pound ten fhillings*
Of the third quality, fifteen fhillings.
High river fwamp or low grounds (including iflands) cultivated or uncultivated (in-
cluding fuch as are commonly called fecond low grounds) lying above M'Bean's
Creek, and as high as the mouth of Rae's Creek, of the firft quality, three pounds
fifteen fhillings.
30
ii7 TAX.
Of the fecond quality, two pounds twelve fhillings.
Of the third quality, one pound two fhillings.
High river fwamp (including iflands) cultivated or uncultivated, from the mouth of
Rae's Creek to the mouth of Broad River, lying on the river Savannah, of the firft
quality, two pounds one milling.
Of the fecond quality, one pound two millings.
Of the third quality, feven millings.
All oak and hickory lands (including iflands) cultivated or "uncultivated, from
the mouth of Rae's Creek to the mouth of Broad River, within one mile of Sa-
vannah River, of the firft quality, fifteen fhillings.
Of the fecond quality, feven fhillings.
Of the third quality, four fhillings.
All oak and hickory lands (including iflands) cultivated or uncultivated, from the
mouth of Broad River, up Savannah River within one mile of the fame, and up
the Tugalo River to the marked line on faid flream, of the firft quality, at eleven
millings.
Of the fecond quality, at five fhillings.
Of the third quality, at three fhillings.
All oak and hickory lands (including iflands) cultivated or uncultivated, from the
mouth of Broad River, to the marked line or head thereof, of the firft quality,
eleven fhillings.
Of the fecond quality, at fix fhillings.
Of the third quality, at three fhillings.
All high river fwamp or low grounds, (including iflands) cultivated or uncultivated,
including fuch as are commonly called fecond low ground, lying above Fort Ar-
gyle to the mouth of Buck-head Creek on the river Ogechee, of the firft quality,
nineteen fhillings.
Of the fecond quality, at eleven fhillings.
Of the third quality, at four fhillings.
All oak and hickory lands (including iflands) cultivated or uncultivated,from the mouth
of Buck-head Creek to the head of Ogechee, of the firft quality, at fifteen fhillings.
Of the fecond quality, at feven fhillings.
Of the third quality, at four fhillings.
AH high river fwamp or low grounds (including iflands) cultivated or uncultivated,
from the mouth of Buck-head Creek to the head of Ogechee, of the firft quality, at
fifteen fhillings.
Of the fecond quality, at feven fhillings.
Of the third quality, at four fhillings.
All high river fwamp or low grounds (including iflands) cultivated or uncultivated,
fuch as are commonly called fecond low grounds, from Cathead, in the river Ala-
lamaha, to the mouth of Oconee River, of the firft quality, at one pound two
fhillings.
Of the fecond quality, at eleven fhillings.
Of the third quality, at four fhillings.
All high river fwamp or low grounds (including iflands) cultivated or uncultivated,
including fuch as are commonly called fecond low grounds, from the mouth of
Oconee River, along the northern ftreams, and on the north fide of the Indian
TAX. 475
boundary line to the confluence of the Oconee and Appalachee, or fouth fork,
of the firft quality, at thirty fhillings.
Of the fecond quality, at fifteen {hillings.
Of the third quality, at four fhillings.
All river fwamp (including iflands) cultivated or uncultivated, from the confluence
of the Oconee and Appalachee River, upwards, on the north fide of the Indian
boundary line, of the firft quality, at twenty fhillings.
Of the fecond quality, twelve fhillings and fixpence.
Of the third quality, feven fhillings.
All oak and hickory lands (including iflands) above the flowing of the tide on all the
rivers from Cathead, on the river Alatamaha, to the river St. Mary's, inclufive,
to the marked line, of the firft quality, at feven fhillings.
Of the fecond quality, at four fhillings.
Of the third quality, at two (hillings.
All other oak and hickory lands throughout this ftate, of the firft quality, at eleven
fhillings.
Of the fecond quality, at fix fhillings.
Of the third quality, at three fhillings.
All other pine lands throughout the ftate, at two fhillings.
All lands on the fea iflands, or lying on or contiguous to the feafhore, ufually cultiva-
ted or capable of cultivation in corn or indigo, of the firft quality, at two pounds
five millings.
Of the fecond quality, at one pound two fhillings.
Of the third quality, at eleven fhillings.
2. And be it enaHed by the authority afore faid* That the fum of five fhillings fhall Taxon free
"^ ' ** - *^ - ^ male white pcfa
be levied on all free white male perfons from the age of twenty-one years and upwards sons.
in this ftate, and the fum of five fhillings on all negroes, and other flaves whatfo-
ever, within the limits of the fame ; and the fum of twelve fhillings and fixpence Lots.
for every one hundred pounds value of every lot, wharf or other lands, and on all
buildings within the limits of any town, village or borough within this ftate; and the carriages.
fum of eighty {hillings on every four-wheeled, and the fum of forty fhillings on eve-
ry two-wheeled carriage, (except waggons, carts, and drays;) and the fum of five Frec negroes
fhillings upon all male free negroes, mulattoes and muftizoes, from twenty-one to &c*
fixty years of age, over and above any taxable property they may be pofleffed of;
and the fum of twelve fhillings and fixpence for every one hundred pounds value of stock -m trade,
every perlbn's flock in trade, of perfons in trade, fhopkeepers and others, to be given
in upon oath; and the fum of five pounds upon every practitioner of law and phy- Lawyers, &c.
fie; and the fum of five pounds on all factors, brokers and vendue mafters through-
out this ftate : Provided ?ieverthelefs, That in cafes of extreme indigence or infirmity, Pr0vis»,
the fuperior court of each county fhall be and they are hereby empowered to remit
the poll tax upon fuch indigent or infirm perfon claiming fuch indulgence.
3. And be it enacled by the authority aforefaid, That in cafe difficulty fhall arife tand3, ;n wn*€
in the mind of any perfon with refpecl to the clafling of his land, or valuing his build- Klrtobc
ings, then and in that cafe, it fhall and may be lawful for fuch perfon to call in three
freeholders, who fhall value and clafs the fame, and their certificate fhall be received
by the receiver, as the value and refpeclive claffes of the fame : Provided, it fhall ap-Pf0Vis»,
pear to the receiver that fuch freeholders have been qualified by a juftice for that
purpofe.
2
47^ TAX.
SppoS!0 be 4- And be it enabled by the authority afore/aid. That the mode of collecting the tax-
es fhall be as follows : each militia company (hall form one diftriQ, the fuperior court
at the ftated fpring term, fhall appoint a magiftrate, or fome other difcreet perfon in
each diftricY, to receive the returns of taxable property in fuch diftri£t, and the clerks
of the refpedive courts fliall, within twelve days after fuch appointments, give notice
thereof to the perfons appointed receivers, under the penalty of one hundred pounds,
in cafe fuch notice is not given, and the receivers fo appointed, and after being noti-
fied as above, mall be and they are hereby required, under the penalty of one hun-
dred pounds, within twelve days from the time of his being notified, to (ignify to one
of the affiftant juftices of the county ofhisrefufal of the faid office, or fliall appear
Thdr oath, before him and take the following oath : " I, A. B. do folemnly promife and fwear,
that I will truly and faithfully perform the duty of receiver of returns of taxable
property in the diflricl to which I am appointed." In cafe the perfon ib appointed
ill all fignify his refufal, or the clerk neglect to give notice as above, the faid affiftant
juftice fhall fend out his fummons to form a court within ten days, who fliall take fuch
meafures as they may find neceffary to procure, and before them at faid meeting duly
proTiss. 1 qualify as above, fome difcreet perfon to do faid duty: Provided, the fame fliall not
exceed the expence of three pounds, which the faid court fliall affefs on the faid dif-
trict, to be noted in the return of the faid receivers, and collefted in the general tax.
And it fhall be the duty of the receiver appointed to give notice by advenifement to
the inhabitants of the diftrict, when they are to bring in their returns, at leaft ten
days before the time appointed; he fhall make out a return, including the whole fo
received by him, and alfo the taxable property of non-refidents, and fuch default-
ers as neglect or refufe to make their returns within his diftrict, and tranfmit the fame
to the regifter of probates of each county, on or before the firft day of July, and
fhall at the fame time give an account on oath of the taxable property, and pub-
lifh within one month thereafter in the gazette, the names of all fuch as have refufed
or neglected to give in their returns agreeable to law, under the penalty of fifty
pounds for his neglect; and the faid receiver fhall be, entitled to receive one fhiiling
for each return in his diftritt, to be allowed by the court, and credited on the tax of
wptcfthe fuch receiver or his order, in full compenfation for his trouble. The regifter of
probates fliall digeft the whole into one general return, agreeable to the form annex-
ed to this act, containing a ftate of the taxable property of the whole county and the
amount thereof; one copy of which he fhall tranfmit to the treafurer of the ftate, and
another to the collector of the faid county appointed by this aft, and one fhall be
kept in his office, for the free infpeQion of the inhabitants; and he fhall be paid for
his trouble the fum of threepence for every perfon returning his tax, to be paid by
the colleftor as aforefaid. The returns of the receivers in the feveral diftricls fliall be
laid before the next fuperior court of the county to which they are returned for their
inflection, and the grand jury for the county fhall particularly exprefs their fenti-
ments thereon; the collector, before he enters upon the duties of his office, fliall give
coiieaors sbaii bond with good and fufficient fecurity in a fum not exceeding, for the county of Chat-
fecurity^ndbeham, eight thoufand pounds ; for the county of Effingham, two thoufand pounds;
for the county of Burke, four thoufand pounds; for the county of Richmond, five
thoufand pounds; for the county of Wilkes, eight thoufand pounds ; forthecounty
of Liberty, fivethoufand pounds; for the county of Glynn, one thoufand pounds;
for the county of Camden, two thoufand pounds; for the county of Wafhington,
two thoufand pounds; for the county of Franklin, one thoufand pounds; and for
the county of Greene, one thoufand pounds; to his honor the governor for the time
to the
TAX.
being, and his fucceflors in office, to be taken by the fuperior court for the county,
or one of the affiftant ju ft ices of fuch county, for the faithful performance of the
duties of the faid office, and fhall take the following oath : " I, A. B. appointed Tl
collector of taxes for the county of — : -, do fofemnly fwear, that I will faithfully
difcharge the duties required of me by law." And in cafe of the death, refufal, or
neglect of fuch collector to enter into fuch bond and take fuch oath, then his honor the
governor in council is hereby authorized and required to appoint forne other perfoa
willing to accept the fame, who mall, in manner required by this act, enter into bond,
and be veiled with all the powers of this act given to the collectors herein after ap-
pointed. The collector fhall attend in each diflrict of the county, for the purpofe of
receiving the taxes, and fhall give notice in ilich diflrict by public advertifement, at
leaft fifteen davs before, of the time and place where he (hall give fuch attendance:
And if any collector fhall pre fume to execute the faid office without having given bond
and fecurity asaforefaid, fuch collector fhall forfeit and pay the fum of one hundred
pounds for each perfon's tax he fhall receive, to be recovered by any perfon who fhall
inform and fue for the fame.
£. And be it enabled by the authority a fore faid, That all bonds and fecurities given Their bond
\J . . ^ -^ . , ^ be sent to t
by the collectors appointed by or in purfuance of this act fhall be tranfmitted by the treasurer
perfon taking the fame to the treafurer, on or before the firfl day of January next, un-
der the penalty of five hundred pounds, for every neglect or refufal.
6. And be it enabled by the authority aforefaid, That all perfons whatfoever, who Returns to be
are poffefled of any lands granted to or furveyed for any perfon or perfons, flaves or
carriage, either in their own right, or in the right of any other perfon, or are liable to
pay any other tax by virtue of this act, fhall on or before the firft day of June next,
render a particular account thereof in writing upon oath or affirmation, fetting forth
in what county the faid lands and flaves are, to the befl of his, her or their knowledge,
to the receiver in the diflrict where fuch perfon refides, at fuch time and place as the
laid receiver fhall direct and appoint for the doing thereof, fo that the fame be done on
or before the firfl day of June aforefaid, which oath or affirmation fhall be in the words
following : " I, A. B. do folemnly fwear (or affirm as the cafe may be) that the ac- -Form there*
count which I now give in, is a jufl and true account of the quantity and quality of
the lands granted to or furveyed for me, of which J was pofTeired, held or claimed on
the firfl day of April, one thoufand feven hundred and eighty -eight, and of the num-
ber of all flaves, riding carriages, flock in trade, or any other taxable property, of which
I was then poffefled interefled in, or entitled unto, either in my own right, or in the right
of any other perfon or perfons whatfoever ; as guardian, executor, attorney, agent
or truftee, or in any other manner whatever, according to the befl of my knowledge,
information and belief, and that I will give a jufl and true anfwer to all lawful ques-
tions that may be afked me, touching the fame, and this I declare without any equivo-
cation or mental refervation whatfoever. So help me God." Which oath or affir-
mation the faid receivers fo appointed are hereby duly authorized, enjoined and re-
quired to adminifter.
7. And be it enacted, That if any perfon fhall be guilty of neglecting or refuting to
give in a return of his taxable property, or mail be convicted of fraud or making a «ng or meakinS
falfe return, he fhall be liable to pay to the clerk of the county a fine often pounds for ho^io begun,
every hundred pounds valuation fo neglected or concealed, one moiety thereof for the
ufe of the county under the directions of faid court, and the other moiety to the infor-
mer or informers, and mall lofe his free law for fuch time as he had concealed his pro-
perty, year for year, and fhall for fuch time be deprived of the privilege of voting at
473 TAX.
elections or bearing any part in that government which he had thus refufed to fupport.
8. And whereas there are divers trafts of land and flaves in this (late, held, owned or
claimed by perfons not refident here, who pay no tax or other charge towards the
government of this (late. Be it therefore enacted, That all attornies and truftees, of
Attomies, tms- or for any perfon or perfons living without the limits of this ftate, fhall make due and
mttU return, true returns to the receiver in the diftrift: where fuch attorney or truftee lives or re-
&c and pay the ,. r* r * 1 r 1 1 l 1 in 11 • *• 1 1 /• r-
taxoutofthdr hdes as aiorelaid, ot all lands and Haves belonging to fuch abfent perfon, for whom
ewn estates. . ., 1 1 r 1 • n n
they are attornies ortrultees, and that luch attornies or truftees. fhall be fubjeQ; and
liable to pay the tax to become due by virtue of this a£t, or which is due by any for-
mer tax atts, for fuch lands and flaves, out of his or their own proper eftates, not-
wuthftanding fuch attorney or truftee may renounce or difclaim acting as fuch before
the faid taxis levied, unlets fuch attorney or truftee, (hall make oath before the receiv-
orrenmwee ers refpeclively, that he hath bona fide renounced his power and attorneyship before
their trust on . L r 1 r • ! 1 1 • 1 1 • 1 • 1 • 1 •
cath. the payment or the laid tax became due, without having done it only with an intention
to avoid the payment of the faid tax ; Provided always, That if fuch attorney (hall
proviso. within one year next after fuch oath made, again become attorney or truftee for fuch
abfent perfon, or acl as fuch, every mch attorney lhall be liable to pay the faid tax
as is herein before direfted, any thing herein before contained to the contrary not-
withftanding, and for levying whereof the fame remedies (hall be, and are hereby giv-
en, as for levying the tax to become due by virtue of this aft, on the proper eftate of
fuch attorney or truftee,
9. And be it alfo enabled, That in cafe any tra&s of land (hall be found by the re-
tandsnotre. ceivers to belong to any perfon or perfons living or refiding out of the limits of this
l^hargedV t0 ftate, and who have no attorney or attornies, truftee or truftees legally conftituted in
this ftate, or which have not been returned to any of the receivers appointed for the
counties where the land lies, then and in fuch cafe the receivers fhall be, and they are
hereby authorized and required to charge the faid land for the payment of the tax
herein impofed according to the quantity and quality thereof, and for all taxes due by
virtue of any former tax acl ratably and proportionably according to the quantity
of acres, as if the fame were in the aftual polTeffion of fome perfon or perfons, living
or refiding in this ftate, and forthwith, for three fucceflive weeks, to publifh and give
notice of fuch their charge and affeffment in the gazette, and in cafe of non-payment
of the faid taxes, the faid lands fhall thereafter be liable to a double tax and to be pro-
©oubietax. ceeded againft by attachment as herein after mentioned.
10. And be it further enacted by the authority afore faid, That the following per-
coiieftors ap- fons be appointed collectors, viz. for the county of Chatham, Alexander Watts ; for
pomted. t^e county 0f Effingham, Jenkin Davis ; for the county of Burke, John Jones; for
the county of Richmond, Joel Barnett; for the county of Wilkes, Frederic Sims;
for the county of Liberty, James M. Stewart; for the county of Glynn, John Pal-
mer; for the county of Camden, Nathaniel Afhley ; for the county of Wafhing-
ton, Deoclefion Davis; for the county of Franklin, Thomas Payne; and for the
county of Greene, John Swepfton.
Tax.whttiami 11. And be it alfo enacted by the authority aforefaid, That all perfons whofoever
tob£paid' are porTeffed of any lands or (laves in this ftate, in their own right or in the right of
others, or any wife liable to pay tax by virtue of this ac>, mall pay in their taxes
to the feveral perfons hereby appointed to receive the fame, on or before the fifteenth
day of November next enfuing, and the collector fhall give a receipt, if required, to the
perfon paying the fame ; and for that purpofe the collector (hall give regular attend-
ance in each diftrift j in their refpeclive counties, and if at. the expiration of the faid fif.
TAX, 479
teenthday of November, any perfon or perfons mall be in default, the collector lhall
immediately proceed againft fuch defaulter or defaulters, by diftrefs and fale of the
goods and chattels, if to be found, otherwife on the lands of fuch defaulter or default-
ers, or fo much thereof as will pay the whole amount of taxes due with cofts, firfl giv-
ing five days' notice by advertifement, and the faid colleQors for the feveral coun-
ties refpectively within this ftate fhal) on or before the fifteenth day of January, one
thoufand kven hundred and eighty-nine clofe their accounts and deliver the fame to
the treafurer for the time being, and after deducting two and a half per centum com-
miflions, pay the faid treafurer all fuch monies as fiiall be by fuch collectors received
in purfuance of this act.
12. And be it alfo enabled by the authority aforefaid, That any perfon negleBingorP^y.*1?^"8
refufing to give in his or her account of the lands and (laves, or other taxable proper- **jj|« ^«
ty, or any part thereof, to the receivers aforefaid refpeflively, at fuch time and place as
they fiiall appoint agreeably to this act, he or file fiiall be deemed a defaulter, and fhall
be taxed in double the fum which would have been due had the fame been returned
agreeably to this a£t. The receivers fhall ufe their utmoft diligence to difcover and re-
turn any taxable property fo concealed for which fuch receivers or any other perfon
who fhall thus detect fuch defaulter fiiall be entitled to receive of the collector one half Doublet**;
of the double tax of fuch defaulter.
13. And be it enacted by the authority aforefaid, That whenever the collector fhall property in dc-
difcover that any perfon has omitted to return any property, he mail fummon three aut"
freeholders who fhall refide in the diftrict where fuch property fiiall be found, to af-
certain the value of the faid property, and to determine the amount of the double
tax upon it, for which amount the collector is hereby empowered to levy in the man-
ner herein before mentioned. And to the intent that the lands may be faithfully re-
turned, and in the name of the real owners and proprietors of the fame, Be it enac-
ted, That when lands are not included in any tax return as aforefaid, it fhall and may
be lawful to give the fame in evidence in any court of law in this flate, that fuch land gpntiand.
was vacant at that time.
14. And whereas, it has frequently happened, that between the day of receiving
the tax returns and the day appointed for die payment of the tax, many perfons have
left the diftri£t in which they refidcd, and have been returned by the fherifFs as de-
faulters who had no property upon which they could levy or diftrain: Be it therefore InsolventUst»
enabled by the authority aforefaid, That the fherifF mall be obliged to prove in a fa-
tisfactory manner, to the affiftant judges of the county in which he a8s, the indigence
and inability of thofe whom he returns as defaulters without property.
15. And be it alfo enabled by the authority aforefaid, That the taxes impofed by
this act, fhall be preferred to all fecurities and encumbrances whatever; and that into*nencum-
cafe any perfon fhall die between the time of giving in his or her account to the faid
receivers, and the paying of his or her tax, and any goods or chattels of the deceafed,
to the value of the fum fo taxed, fiiall come into the hands of his or her executors
or adminiftrators, or executors in their own wrong, fuch executor or admini- Atlmlni8trator)
fixator fiiall pay the fame by the time before limited, prior to all judgments, mort-
gages, or debts whatsoever ; or otherwife a warrant of execution fhall iffue againft
the proper goods of fuch executor or adminiftrator : \And if any perfon, between
the time of rendering the account of his or her eftate to the receiver aforefaid, and
the time of paying in his, her or their tax, fhall be about to depart the county in Personsabout
which he lives, the faid collector is hereby directed and required forthwith to levy «atEvetl*
the fame, notwithstanding the day of payment is not already come, unlefs fuch per-
480 TAX.
fons will find furelies to the liking of the collector for the payment thereof at the time
of payment.
bieaddet?evade 1^- And be it alfo enacted, That all deeds of gift, conveyances, mortgages, fales
icntSfvoid?*ai3d alignments of lands, tenements, goods and chattels, of any perfons whatfo-
ever, made with an intention to avoid paying the tax, are hereby deemed and declared
null and void. And in cafe any perfbn who has bona fide mortgaged any part
of his eflate real or perfonal, fhall refufe or neglect to pay the tax for the fame, the
mortgagee fhall be anfwerable and liable to pay the fame: Provided, That fuch ef-
proviio. tate ma^ De m poffeffion of faid mortgagee.
Execution »- 17. And be it further enacted by the authority aforefaid, That the treafurer for the time
wT™ e"' being be, and he is hereby empowered and required to grant executions againft all
former collectors of taxes who are or may be defaulters, immediately after the paf-
fifig of this act.
specific tax. 18. And be it further enabled, That an additional tax be impofed on and col-
lected of the inhabitants and others holding or laying claim to property within this
ftate, to the amount of four {hillings and twopence fterling on every hundred
pounds value, in fpecifics, to be eftirnated by the collec^>rs of the taxes afore-
faid in each county, in the manner directed by an act for railing fupplies, paffed the
thirty-firft day of October, one thoufand feven hundred and eighty-feven, which
faid additional tax fhall be paid by the firft Tuefday in January next; and all
and every defaulter or defaulters are hereby declared to be fubject to the difabilities
while in default, as defaulters are under by the faid act, as well as the penalties there-
in impofed.
By order of the Houfe.
N. BROWNSQN, Speaker.
February 1, 17880
In act for impofing a tax for the year one thoufand feven hundred and ninety.
,E IT ENACTED, by the Senate and Houfe of Reprefentatives of the fate of
item landi JD Georgia in General Affernbly met, That a tax of ten millings for every
fey"d.dorsur' hundred pounds value of all lands within this ftate, granted to or ftuveyed for any
perfon, as fuch lands (hall be eftirnated at, fhall be levied on the fame in the follow-
ing mode, viz.
lands classed All tide fwamps (including iflands) cultivated or uncultivated, of the firft quality,
cordd[ngetoac' at ninety-feven (hillings per acre; of the fecond quality, fixty millings per acre;
fu>ty. of the third quality, at thirty-feven millings per acre.
All pine barren lands adjoining fuch lands or contiguous thereto, and within three
miles of water carriage, at fifteen {Hillings per acre,
All prime inland fwamps, cultivated or uncultivated, at an average of fixty-feven
millings per acre; and of the fecond quality, at thirty-feven millings per acre; and
of the third quality, at fifteen {hillings per acre.
All pine barren lands adjoining or contiguous thereto, at four millings per acre.
.Salt maim, at four millings per acre.
TAX. 481
AH high river fwamp or low grounds (including iflands) cultivated or uncultivated,
including fuch as are commonly called fecond low grounds, lying above Abcr-
corn, and as high as the mouth of M'Bean's Creek, on Savannah River, of the
fir ft quality at fifty-two millings per acre; of the fecond quality, at thirty {hillings
per acre; and of the third quality, at fifteen millings per acre.
All high river fwamp as aforefaid, lying above M'Bean's Creek, and as high as the
mouth of Rae's Creek, of the firft quality, at feventy-five {hillings per acre; of
the fecond quality, at fifty-two millings per acre ; and of the third quality^ at twen-
ty-two {hillings per acre.
All high river fwamp as aforefaid, from the mouth of Rae's Creek to the mouth
of Broad River, lying on the river Savannah, of the firft quality, at forty-one
(hillings per acre; of the fecond quality, at twenty-two (hillings per acre; of the
third quality, at {even (hillings per acre.
All oak and hickory lands (including iflands) cultivated or uncultivated, from the
mouth of Rae's Creek, to the mouth of Broad River, within one mile of Savan-
nah River, of the firft quality, at fifteen (hillings per acre ; of the fecond quality,
at (even {hillings per acre; and for the third quality, at four (hillings per acre.
All oak and hickory land (including iflands) cultivated or uncultivated, from the
mouth of Broad River up the Savannah River, within one mile of the fame, and
up Tugalo River to the marked line on faid ftrearn, of the firft quality, at eleven
(hillings per acre ; of the fecond quality, at fix (hillings per acre ; and of the third
quality, at three (hillings pet acre.
All oak and hickory land (including iflands) cultivated or uncultivated, from the
mouth of Broad River to the marked line on the head thereof, of the firft quality,
at eleven (hillings per acre; of the fecond quality, at fix (hillings per acre; and
of the third quality, at three (hillings per acre.
Ail high river fwamp or low grounds (including iflands as aforefaid) from Fort Ar-
gyle, to the mouth of Buckhead Creek, on the river Ogechee, of the firft qua-
lity, at nineteen (hillings per acre; of the fecond quality, at eleven (hillings per
. acre; and of the third quality, at four (hillings per acre.
All oak and hickory lands as aforefaid, from the mouth of Buckhead Creek to the
head of Ogechee River, of the firft quality, at fifteen (hillings per acre; of the
fecond quality, at feven (hillings per acre; and of the third quality, at four (hil-
lings per acre.
All high river fwamp or low grounds as aforefaid, from the mouth of Buckhead Creek
to the head of Ogechee River, of the firft quality, at fifteen (hillings per acre; of
the fecond quality, at feven (hillings per acre; and of the third quality, at four
(hillings per acre.
All high river fwamp (including iflands) cultivated or uncultivated, from Cathead on
the river Alatamaha, to the mouth of Oconee River, of the firft quality, at twen-
ty-two (hillings per acre; of the fecond quality, at eleven (hillings per acre; and
of the third quality, at four (hillings per acre.
All high river fwamp or low grounds as aforefaid, from the mouth of Oconee River
along the northern ftrearn, and on the north fide of the Indian boundary line, to
the confluence of the Oconee and Appalachee or fouth fork, of the firft quality at
thirty (hillings per acre; of the fecond quality at fifteen (hillings per acre; and of
Jthe third quality, at four (hillings per acre.
3 P
*fgrO€S.
TAX.
AD river fwamp as aforefaid, from the confluence of the Oconee River and Apt>a-
lachee Rivers upwards, on the north fide of the Indian boundary line, of the firft
quality, at twenty millings per acre; of the fecond quality, at twelve millings and
fixpence per acre; and of the third quality, at feven millings per acre.
All oak and hickory land (including iflands) cultivated or uncultivated, above the
flowing of the tide on all the rivers from Cathead, on the river Alatamaha, to
river St. Mary's, inclufive, to the marked line, of the firfh quality, at feven mil-
lings per acre; of the fecond quality, at four millings per acre; and of the third
quality, at two (hillings per acre.
All other oak and hickory land throughout the (late, of the firft quality, at eleven mil-
lings per acre; of the fecond quality, at fix (hillings per acre; and of the third
quality, at three millings per acre.
All lands on the fea-illands, or lying on or contiguous to the feafhore, ufu ally cul-
tivated, or capable of cultivation in corn or indigo, of the firft quality, at for-
ty-five fhiilings per acre; of the fecond quality, at twenty-two Iliillings per acre;
and of the third quality, at eleven (hillings per acre.
All other pine lands throughout the (late, at two millings per acre.
Taxonpersons, 2. And be it enabled by the authority aforefaid. That the fum of four Iliillings be
levied on all free male white perfons from the age of twenty-one years and up-
wards in this (late, and the fum of four millings on all negroes and other (laves what-
foever, within the limits of the fame, and the fum of ten millings for every
hundred pounds value of every lot, wharf or other lands (not herein already enu-
merated) and on all buildings within the limits of any town, village or borough with-
in this Itate, and the fum of fixty-four millings on every four-wheeled, and the
fum of thirty-two millings on every two-wrheeled carriage (waggonsf carts and
drays excepted) and the fum of four (hillings upon ail male free negroes, mulattoes
and muftizoes, from the age of twenty-one and upwards, over and above the taxable
property they may be po fie fled of,
onstockin 3. And be it further enacted, That the fum of two (hillings mail be levied for
every hundred pounds value of all perfons' (lock in trade, Ihopkeepers and others,
aftual refidents, to be given in upon oath, and to be computed at the prime cod,
and the fum of four pounds on all practitioners of law or phyfic, and the fum of
four pounds on all factors and brokers, and on all foreign goods, wares, liquors
and merchandize, and negroes fold, bargained or trafficked for by all fuch faclors
and brokers, the fum of fifty (hillings on every hundred pounds by them fo fold or
difpofed of, to be given in upon oath, and on all vendue mailers (after qualification)
throughout the (late, the fum of four pounds.
4. Provided neverthelefs, That in all cafes of extreme indigence or infirmity, the
fuperior court of each county (hall be, and they are hereby authorized to remit the
poll tax upon fuch indigent or infirm perfons claiming the fame.
5. And be it enabled by the authority aforefaid, That the mode of collecting the
iSwte£?ty' taxes (hall be as follows : The receiver of taxable returns in each county mall give
*"*tle' notice to each captain's diflrict within his county, by advertifing in the molt public
places of the faid dixtrict, the day and place he will attend to receive their returns of
taxable property; and the commanding officer of each company (hall give to the re-
ceiver fo attending a lift of all the inhabitants liable to pay taxes within his diltricl, on
oath or affirmation, to the bed of his knowledge and information; and it (hall be the
duty of the receiver of returns at all times, upon perfonal application, to receive the re-
turns not given in at the time and place fpecially notified, at any time before he makes &
trade, &c.
Proviso.
Returns of tax-
TAX. 485
digefl: oFthe whole returns, and he fhall, previous to entering on the execution of his
duty, take and fubfcribe an oath or affirmation in the words following: " I, A. B. do Receiv«*»oatft
folemnly fwear (or affirm) that I will truly and faithfully perform all the duties of receiv-
er of returns of taxable property in the county to which I am appointed, as required of
me by this aft, and will not receive any return but on oath or affirmation."
6. And be it alfo enabled, That all and every perfon liable to pay tax {Hall give in£r~^b£
the lift of his, her or their taxable property, as well as a lift of every fuch perfon or mi&- -«-*«•
perfons as he, (he or they, may be attorney or attornies, executor or executors, ad*
miniftrator or adminiftrators for, or in the county or counties where fuch attorney,
executor or adminiftrator refides, and every fuch perfon or perfons giving in taxa-
ble property as aforefaid, fhall make a return defcriptive of the lands and other tax- cener-i rehir*
able property, as the fame may be in die different counties of this ftate; and the re-derpfEaityof"
ceiver of fuch returns fhall proceed, after being duly qualified in giving notice, to pound*.
•make a general return of the whole fo received, and alfo of the taxable property of
non-refidents and defaulters within his diftrift, and (hall tranfmit a copy thereof to
the collector of the county, fuperior court and treal'urer of the ftate (under the pe-
nalty of two thoufand pounds) including therein his own taxable property, and fhall p^u'led8™-1*
publifh, within one month thereafter, in the gazette, the names of all defaulters, un- iftypltntf
der the penalty of fifty pounds; and the faid receiver fhall be entitled to receive for
each return made in his diftrift, to be' allowed as aforefaid, the fum of fixpence, and
threepence for each name in the general returns to be tranfmitted to the treafurer, fu-
perior court and collector of taxes.
The collectors of the refpeftive counties, before they enter on the duties of their eoiiea&w shajj
office, fhall give bond with fufficient fecurity, as follows : for the county of Chatham, securi'™*
in the fum of eight thoufand pounds; for the county of Effingham, two thoufand
pounds; for the county of Burke, four thoufand pounds; for the county of Rich-
mond, five thoufand pounds; for the county, of Wilkes, eight thoufand pounds; for
the county of Liberty, five thoufand pounds; for the county of Glynn, one thou-
fand pounds; for the county of Camden, two thoufand pounds; for the county of
Wafhington, two thoufand pounds; for the county of Franklin, one thoufand
pounds; and for the county of Greene, one thoufand pounds; as pointed out in and by
the tax aft* of one thoufand feven hundred and eighty-eight; and fhall alfo take and
fubfcribe the following oath, viz: " I, A. B. appointed colleftor of taxes for the Ami uke t*i»
county of , do folemnly fwear, that I will faithfully difcharge the duties re- oadl"
quired of me by law."
And in cafe of the death, refufal or neglect of any fuch collector to enter into fuch Vacanci<*'
bond or take fuch oath, then his excellency the governor is hereby authorized and
required to appoint fome other perfon willing to accept the fame, on the qualifica-
tion aforefaid, who fhall attend in each diftrift of the county to receive fuch tax,
and fhall previoufly give public notice thereof, at leaft ten days, of the time and
place of his attending; and if he fhall prefume to execute the faid office without the
qualifications aforefaid, he fhall forfeit and pay double the fum for each perfon's tax he
ihallreceive, to be recovered by any perfon who fhall inform and profecute for the fame.
7. And be it enabled by the authority aforefaid That ail bonds and fecurities giv- Their bonds t9
en by the colleftors appointed by or in purfuance of this aft, fhall be tranfmitted by trVa^"*"^
the perfons taking the fame to the treafury, on or before the firft day of Auguft humireaoffivc
next, under the penalty of five hundred pounds for every fuch negleft or refufal.
* See 10th fection of faid a£U
1
4§4 TAX.
Tax returns,
when to be
made on oath.
8. And be it further enacted by the authority aforefaid, That all perfons whatfocver
who are pofTeffed of any lands granted; to, or furveyed for them, or for any other
perfon or perfons, (laves, or carriages, either in their own right or in the right of any
other perfon, or are liable to pay any other tax by virtue of this aft, fhall, on or
before the fir ft day of July, render a particular account thereof in writing upon
x>ath or affirmation, letting forth in what county the faid lands and flaves are to the
beft of his," her or their knowledge, to the receiver of the diftrift wherein fuch perfon
refides, at fuch time and place as the faid receiver fhall direct and appoint for the doing
thereof, fo that the fame be done on or before the firft day of July aforefaid : which
Form thereof, oath or affirmation fhall be in the words following : " I, , do fwear (or affirm
as the cafe may be) that the account which I now give in is a juft and true account of
all the taxable property which I was poffefTed of, held or claimed, on the firft day of
February, one thoufand feven hundred and ninety, or was interefted in or entitled
unto, either in my own right or in the right of any other perfon or perfons whatfoc-
ver, as parent, guardian, executor, agent or truftee, or in any other manner whatfb-
ever, according to the beft of my knowledge, information and belief; and that I will
give a juft and true,anfwer to all lawful queftions that may be afked me touching the
fame; and this I declare without any equivocation or mental refervation whatfo-
ever. So help me God." Which faid oath or affirmation the faid receivers of tax
returns are hereby refpeftively duly authorized and required to adminifter, and that
gratis.
persons rew- 9 And be it further enabled. That if any perfon or perfons fhall be guilty of neslec-
Kingor making ■ ^ r r • • r 1 • 1 1 • 11 r. .. .
false .etums, ting or reiu ling to give in a return of his, her or their taxable property, or fhall be
' convicted of fraud or making a falfe return thereof, he, fhe or they, fhall be liable to
pay to the clerk of the fuperior court of the county, a fine of ten pounds for every
hundred pounds valuation fo negleftcd or concealed, one moiety thereof for the
ufe of the county under the directions of the fuperior court, and the other moiety
to the informer or informers.
lc. And whereas there are divers tracts of land and fundry flaves in this ftate,
owned, held, or claimed by perfons no* refident in the fame, who pay no tax to-
?e"M&cS'u>ros" ward the fupport of the government thereof: Therefore be it enacted by the authority
HTjwdpay™8' aforefaid, That all attornies and truftees of or for any perfon or perfons living without
tM/ownel-of the limits of this ftate, fhall make true returns as aforefaid, and in the diftrift where fuch
attorney or truftee refides, and that fuch attorney or truftee, attornies or truftees fhall
be fubjeft and liable to pay the tax to become due by virtue of this aft, which may
be due by any former tax aft or afts, for fuch land or lands, flave or flaves, out of
his, her or their own proper eftate; notwithftanding fuch attorney or attornies, tiuftee
or truftees, may renounce or difclaim afting as fuch before the faid tax is levied, un-
dr renounce ^s fucrl attorney or attornies, truftee or truftees, fhall make oath before the receiver
therv tru.t on aforefaj(jj that he or they, hath or have renounced fuch attorneyfhip before the pay-
ment of the faid tax became due, without having done it only with an intention to
rroTiso. avoid the payment thereof: Provided always, That if fuch attorney or attornies,
truftee or truftees, fhall, within one year next after fuch oath made, again become
•attorney or attornies, truftee or truftees, or aft as fuch, he or they, fhall be liable to
pay the faid tax as herein directed, any thing herein contained to the contrary not-
withftanding; and for levying whereof the fame remedies fhall be and are herein giv-
en as for levying the tax to become due by virtue of this aft on the proper eftate or
cftates, of fuch attorney or attornies, truftee or truftees, or other perfon or perfons.
afting as fuch,
TAX. 4-5
ii And be it alfo enabled by the authority afore [aid. That in cafe any lands or a*Lu«scnQt:
J * •/ j j J * returned liuvv
ether taxable property fhall be found by the receivers to belong to any per ton or to be charged,
perfons rending without the limits of this ftate, and who have no attorney or attor-
nies, trufteeor truilees, legally conftituted in this ftate, or which have not been re-
turned to any receiver appointed for the county where fuch lands are, then and in
fuch cafe, the receivers fhall be and they are hereby authorized and required to charge
the faid lands and other property for the payment of the tax impofed thereon, and
alfo for all taxes due thereon by any former tax act, and forthwith once in each month to
puhlifh and give notice of fuch charge or affeffment in the gazettes, and in cafe of non-
payment of fuch taxes within fix months the faid lands and other property fhall be
thereafter liable to a double tax, and to be proceeded againft by attachment in a fum-
mary way by the collector in the manner of diftrefs and faie and to make titles to the
perfon or perfons purchafing the fame, and to pay the money (lawful charges only
to be deducted) into the treafury.
12. And be it enacted by the authority afore/aid, That ail perfons whatsoever, T,lX|howan4
who are poffeffed of any lands or (laves in this ftate, in his own right or inthe^tobe
right of others, or any wife liable to pay tax by virtue of this or any other tax aft,
fhall pay in their taxes to the collectors that may be appointed to receive the fame, in
. the manner herein after directed on or before the fifteenth day of December, one
thoufand feven hundred and ninety, and the refpective collectors' receipts fhall be held
and taken as Satisfactory, and if at the fifteenth day of December one thoufand feven
hundred and ninety aforefaid, any perfon or perfons fhall be in default, the col-
lector of the county where fuch default fhall happen, fhall immediately poceed
aeainft fuch defaulter or defaulters by diftrefs and fale of their goods and chat- Goods and
o j o chattels to be
tels, if any be found, otherwife on the land of fuch defaulter or defaulters, or fo much levied on, if to
7 - . .' . . ' be found* other-
thereof as will pay the amount of the taxes due with cofts, and in all fuch cafes to make wisetheUud-
titles to the purchafers of the property fold as aforefaid, and the faid collectors res-
pectively, fhall on or before the firft day of March, in the year one thoufand feven coiieaor5'
hundred and ninety-one, clofe their accounts and deliver the fame to the treafurer
for the time being, and after deducting two and a half per centum on all fuch taxes
as they fhall receive, pay the remainder to the laid treafurer.
1 3. And be it alfo enabled by the authority aforefaid. That any perfon or perfons nee-
i ■ r r • i • i i • ■ ' r i i n i & Pr°Perty in dc-
lecting or refuting to give in his her or their account of lands, Haves, or other taxa- b"iuuxcdedau"
ble property as aforefaid, fhall be taxed in double the fum herein already pointed out,
and every receiver as aforefaid fhall be entitled to receive of the collector to whom he
accounts, one half of the double tax hereby fo impofed on the property of defaulters,
fpecially returned by fuch receivers.
14. And be it further enacted, That when any of the faid receivers of returns, or'Howtobew.
collectors of taxes fhall or may difcover that any lands, flaves, or other taxable pro- JS."*""*'
perty hath not been returned as in this act .pointed out, he or they fhall fummon three
freeholders refidents of the diftrict where fuch lands may lie, or other property, be
to afcertain the value of fuch lands or other property, and double the tax thereon for
which amount the collector is hereby empowered and required to levy, fell, and con-
vey, in the manner herein already mentioned.
15. Provided always neverthelefs, That all lands or other property veiled in com- Proviso,
miffioners or truftees for public ufes, fhall not come within the purview or meaning
of this act : And provided alfo, That no faie which fhall be made under this act ofPropert ofQfi
the property of orphans having no guardian or trufke fhall have any effect, iS7 '
486 TAX.
16. A n d whereas it has happened, and may frequently happen, that between the
day of receiving the return and the day appointed for the payment of the faid tax,
many perfons have left the diftricts in which they refide, and have been returned by
the collector as infolvcnts, who had no- property upon which they could levy and
insolvents; diftrain : Be it therefore enabled by the authority afore/aid. That the collector la every
, fuch county fhall be obliged to prove in a fatisfactory manner to the fuperior court
of the county in which he acts, the indigence or inability of thofe whom he returns
infolvents having no property.
Bdtolue^ 17- And be it alfo enabled by the authority afore/aid, That the taxes impofed by
cumbrances. jj-^ ac£ fha.ll be preferred to all fecurities and encumbrances whatfoever, and that in cafe
any perlbn or perfons coming under the notice of this act, fhall die between the time
of giving in his, her or their returns to the receiver or receivers refpeclively, and
the paying of his, her or their tax, and any goods or chattels of the deceafed to the
value of the fum fo taxed fhall come into the hands of his, her or their executors or
Administrator!, adminiftrators, or executors in their own wrong, fuch executors or adminiftrators
fhall pay the fum by the time before limited, prior to all judgments, mortgages or debts
whatfoever, or otherwife a warrant of execution fhall iffue againft. the proper goods
and chattels of fuch executor or adminiftrator ; and if any perfon or perfons between
the time of rendering the account of his, her or their eftate to the receiver aforefaid^
to^vesie1* and the time of his, her or their paying in the faid tax, fhall be about to depart the
county in which he, me or they, may have immediately then preceding refided, the
faid collector and collectors is and are hereby directed and required forthwith to levy
the fame, notwithftanding the day of payment may not then be come ; unlefs fuch
perfon or perfons mall and will find fecurities to be approved of by the faid collector
or collectors refpeclively, for the payment thereof at the day herein appointed.
needs. &c. i8. And be it further enacted, That all deeds of gift, conveyances, mortgages, fales
thisdtax,fr^-e and affignments of goods, lands, tenements and chattels of any kind, of any perfon
du|eritan4 Qr perr;ons whatfoever, made with an intention to avoid paying the aforefaid tax, are
hereby deemed and declared null and void ; and in cafe any perfon who has bona fide
mortgaged any part of his eft ate real or perfonal, fhall refufe or neglect to pay the tax
for the. fame, the mortgagee fhall be anfwerabie and liable to pay the fame, if in actual
poffeffion of the premifes.
EScXc' i9' ^n^ ^e it further enabled by the authority aforefaid, That the treafurer for
*Ci«- the time being, be and is hereby empowered and required to grant executions
againft all former collectors of taxes who are or may be defaulters, immediately after
the paffing of this act.
2Q. And be it further enabled, That the treafurer for the time being, be and is
hereby required and directed to proceed and prepare a general return, to be made by
the refpective receivers of tax returns, to be approved of by the governor, and trans-
mitted by the treafurer without delay to the .aforefaid officers.
2nhSSrtB,ir ?1* And be it further enabled, That when the collector of the county finds no
K/wwhiS*" ProPerty real or perfonal therein of perfons in arrears, to fatisfy the tax due by virtue
™S ap- of this or any former tax act, fuch collector is hereby authorized and empowered to
fell fo much of the property of the perfon neglecting to pay as aforefaid, as may be
fituate in any other county or counties, as will fatisfy the faid tax and arrears of tax
aforefaid, and make titles thereto. Provided, That thirty days' notice be previoufly ■
given of the time and place of fuch fale, by fuch collector in the public gazette.
Taxinwhatit And be it further- enabled by the authority aforefaid, That the tax impofed by this
*«uj»F»<i. ^ fcaU be pa.d and colkaed in ^e following manner, that is to fay : One half
TAX, 4S7
thereof in merchantable rice, at twelve (hillings per hundred weight; in infpeeled
crop tobacco, at fixteen (hillings and fourpence per hundred weight, or fpecie, and
nothing elfe ; any law to the contrary notwithstanding. And the remaining moiety
fhall be collected in the paper medium emitted under an a£t pafl'ed the fourteenth day
of Auguft, one thoufand feven hundred and eighty-fix, and nothing elfe.
22. Be it alfo enabled by the authority a for tf aid, That the laid fpecific articles fhall ^»/p£$
be delivered at the infpe61ion in SavannarT, Sunbury, Augufta, New-Savannah, Louif- £Sd2f.,p«**
ville and Call's warehoufes only ; and that tobacco fhall be received in well coopered
hogfheads weighing not lefs than nine hundred and fifty pounds net, and rice in well
coopered bands weighing not lefs than five hundred and twenty-five pounds net.
20. And be it further \naHea I by the authority aforefaid, That the governor fhall, The govemat
O J y , t- r ^ r 1 "»1 to notify col-
on the appointment of collectors and receivers of taxes of the leveral counties with- iectorS&c of
in this ftate, notify -the fame in the moil public manner; and ihoulci it lo happen menu,
that any of the aforefaid officers refufe or neglect to qualify within twenty days after
the notification fo given as aforefaid, then and in that cafe the governor is hereby au-
thorized and required to fill up fuch vacancy or vacancies.
SEABORN JONES, Speaker of the Houfe of Reprefentative^
N. BR OWN SON,- Prejident of the Senate.
Concurred, December 29, 1789.
EDWARD TELFAIR, Governor.
An aft for the fupport of government from the firft Monday in November, %ne thoufand
feven hundred and ninety, to the firfi' Monday in November, one thoufand feven hun- v.
dred and ninety-one, by raifng a tax on perfons and property.-
■
E IT ENACTED, by the Senate and Houfe oj Reprefentativesoftheflateof
Georgia, in General Affembly met, and by the authority of the fame, That aTr;*™foar"^
tax of fix (hillings fpecie or Specifics for every hundred pounds value of all lands veyed-
within this ftate, granted to or furveyed for any perfon, as fuch land is eftimated by .
the tax a£t of the year one thoufand feven hundred and ninety, be levied thereon According to
agreeably to the mode, and collected as directed by the faid tax aft, except where the mediately pre-
r • 1 1 u 1 • Ol J *" ceding this
lame is altered by this act. »ct-
2. And be it further enabled, That the fum of two millings and fourpence fhall be^^p^0**
levied on all free white males from the age of twenty-one years in this ftate; the fum
of two {hillings and fourpence on all negroes, mulattoes, or other flaves, and the like
fum on all free negroes, or other free perfons of color, upwards of fixteen years of
age, over and above their property; the Fum of fix (hillings on all and every hundred Oniots,&e.
pounds value of every lot, wharf or other lands, not included in the faid tax act, and
on all buildings within the limits of any town, village or borough within this ftate;
and the fum. of two dollars on all four-wheeled carriages (waggons excepted); the fum ^ckmuade,.
of fix fhillings for every hundred pounds value of all ftock in trade, including the
amount of imports, purchafes or consignments for the preceding year on all fhop-
keepers and others, to be given in upon oath, to be computed at the prime coit; the
fum of forty-five fhillings on all practitioners of "law or phytic, and each and every Ondofi:0rs &s.
fattor, broker and vendue matter; and the fum of fix fhillings on every hundred
pounds value of all foreign goods, wares and merchandize, and negroes fold, bargain- ""^71%
438 TAX.
ed or trafficked for by fuch factors, brokers or vendue mailers, and each and every of
them.
Rseeiwimnd 3- An& ^ it. further* enacted by the authority aforefaid. That the tax collectors and
;; ;;:;;;,f,° bJ receivers appointed or to be appointed, mall be and hereby are inverted with full pow-
taKfor'rjpo/" er and authority to carry this act into execution at the days and times in the year one
thoufand feven hundred and ninety-one,* as k mentioned in the faid tax aft for the year
one thoufand feven hundred and ninety, agreeably to the principles and fpirit thereof:
proviso. Provided, That no collector be allowed to diltrain for any tax impofed by this aft:
previous to the firft day of January, feventeen hundred and ninety-two, except where
perfons arc removing, or about to remove, from the county in which the return is
jt'ntitiea to the made; and fuch receivers of tax returns and collectors of taxes fhall be entided to
s.iDio ice^, tire
auowedbysau the fame fees and be fubje& to the fame penalties, as in and by the faid act is given
act, and fnbjedl ^ *• ' * -J O
^tjeg^p"1- and granted, demanded and required.
Thepovemor 4- ^nc^ ^ it further enacted, That the governor and treafurer be, and they are
governed"7" hereby refpeftively veiled with all the powers given them by the faid act, entitled
the .said aa. a j^n act jor imp0{jng a tax for tnc vear feventeen hundred and ninety.
Gierksdireded 5. And be it further enabled by the authority aforefaid, That the clerks of fuperior
uirnfofper-" courts within their refpeftive counties, at any time within fixty days from thepaffinff
sans 111 default. ,. , . , 1 ■ 1 it 1 - 1 , ,• r
or this act, be authorized ana directed to receive any return, duly {worn to, rront
any defaulter of his, her or their taxable property ; and where any perfon has been
defaulter for the year feventeen hundred and ninety, the tax fir all be collected and
paid into the treafury, as pointed out in the tax aft of that year, and if for any year
preceding, it fhall be collefted and paid as above in the paper medium of this itate,
any law to the contrary notwithstanding. And it (hall be the duty of the clerks of
the fuperior courts where any defaulter fhall give in his, her or their returns as afore faid
to tranfmit a lift of the fame, with the amount of taxable property fo returned to
^heUnie'to'the die treafury of this ftate, and alfo to the collector in their refpeftive counties, with-
trea.ury, ^ .pour mpnths from the palling of this act, and fuch defaulters fo giving in their re-
turns as aforefaid, fhall be exempted from the pains and penalties pointed out in
. the faid aft, and the feveral collectors mall add an account of all fuch taxable pro-
perty to the general returns of their refpeftive counties, and pay the fame into the
treafury, and the clerks of the fuperior courts mall be allowed the fum of tw7o fhiU
Their fees. ' *■
lings and fourpence for each return fo received and tranfmitted as before directed.
6. And be it further enacted, That there fhall be one receiver of taxable returns
be%Rohitedtofor each county except Wilkes, and in that there fhall be a receiver appointed for
for each coun- 1 > ,• c ... . 1
tv. each battalion or militia therein.
Tax ma be 7' -Ana)J)e & enacted, That any perfon or perfons chargeable with tax by this aft,"
anicLVde-ific may Pav tne ferae or any part thereof in clean merchantable rice, delivered at Sa-
Ik^TuiX. vannah, Sunbury or North Newport Bridge, at the rate of ten millings per hun-
dred weight; in crop or transfer tobacco notes, infpected, delivered at Savannah,
fourteen (hillings; each of the infpeftions at Augufta, New-Savannah, Georgetown,
Louifville, and at no other place, at the rate of twelve millings and fixpence per
hundred weight, or in merchantable cotton, clear of feed, in bags : Provided, That
no bag of cotton fhall be received that fhall not weigh at leaft one hundred pounds
net, to be received at the feveral places aforefaid, at the rate of one milling per
pound.
akmsof 8* And be it further enacted by the authority aforefaid, That from and after the
Siledat" paffi"g of this aft, an infpeftion of rice and cotton fhall be eftabl.ifhed at Savannah^
* See page 480,
jiidry places.
Is AX. 4B9
Sunbury and Norih Newport; at which inflections all rice and cotton {hall be re-
ceived and infpected, before it fhali be received in payment of taxes, by perfons to
be hereafter appointed infpeclors of the fame, by the juftices of the inferior court, And.rtgpeaeft
who are alfo empowered to fix on the proper places for fuch infpections. And Reappointed.
where any rice or cotton is offered in payment of tax, it> fhall be delivered at the
places aforefaid ; and if upon infpeftion the faid articles mail be merchantable, it
mall be the duty of the infpeclors to weigh and pafs the fame, if cotton, in bags
of at leaft one hundred pounds net, if rice, in barrels or half barrels as directed by whos,n„ gh,8
law, (tamping or marking the weight on the bag or barrel fo paffed; and the inipec- ^fstellie
tors fhall enter the name of the perfon delivering fuch rice or cotton in payment
of tax, with the net weight of each caik and bag, and fhall enter the fame in a book
to be by him kept for that purpofe, and fhall give to the owner thereof a receipt in
the following form, viz*
Warehoufe, day of
Received of A. B. barrels of good merchantable rice or bags of form thereof.
cotton (as the cafe may be) marks, weight and number as per margin, to be deliver-
ed to the order of the executive on demand, this day of
And all receipts mail be printed, and no infpeOor or infpeclors fhall, on any pre-
tence whatever, iffue any other than a printed receipt, which mail be received by the
feveral colleclors in payment of tax; and the feveral infpeclors fhall be allowed forThe;rft(,S4
their trouble for infpecling and coopering fuch barrel of rice, the fum of one fhilling
and twopence; and for each bag of cotton, the fum of one fhilling and twopence, to
be paid by the owner or perfon delivering fuch rice or cotton on receiving the receipt
as aforefaid, and fhall alfo receive the legal ftorage for rice, and fevenpence on each
bag of cotton, to be paid by the fhipper or perfon receiving the fame; and every in-
fpeclor hereby appointed, before he enters upon the duties of his office, fhall give and sfcurity,
bond and good fecurity, payable to his excellency the governor and his fucceffors in
office, in the fum of one thoufand pounds, for the faithful performance of his duty,
and for the delivery of all fuch rice and cotton as fhall come into his hands when the
fame may be called for, in the fame merchantable condition as he received them.
9. And be it further enabled. That each of the feveral infpeclors, before they en-
ter on the duties of their office, fhall take and fubferibe the following oath or affirm- oa"h.take a*
ation, the fame to beadminiftered in open court, viz. "I* A. B. do folemnly {'wear,
1 t *n r 11 i • 11 • 1 i-i 111 Form thereof,
that 1 will carefully view and examine all rice and cotton which may be brought to
me for that purpofe, and that I will not give my receipt to any perfon for rice or cot-
ton, but fuch as fhall be in my judgment clean and merchantable. So help me God."
10. And be it enabled, That the feveral colleclors appointed by virtue of this act
fhall keep an exact account of all fpecie and fpecifics by them received in payment of g££*
taxes to be collected by them, and fhall, on the fettlement of their accounts with the the treasurr-
treafurer, ftate the fame in different columns, fpecifying the different kinds of fpeci-
fics, the amount of fpecie, and of whom and when received; and the treafurer is
hereby directed not to receive any collector's account which is not ftated according
to the mode pointed out as above; and any colle6tor who fhall be guilty of making
a falfe return fhall? on due proof thereof, forfeit and pay the fum of five hundred
3Q
How collcflow-
makc
eturns t9
49°
TAX.
pounds, one half to the informer, and the other half to the ufe of the county of
which he is colleclor, to be recovered by bill, plaint o'r information.
JOSEPH HABERSHAM, Speaker of the Hovfe of Reprefeniatives.
NATHAN BROWNSON, Prefident of the Senate.
Concurred 10th December, 1790.
EDWARD TELFAIR, Governor.
Tax on all
lands granted
Of surveyed
According to
the fallowing
ratei.
An aH to raife a tax for the f up port of government for the year one thoaf and f even hun-
dred and ninety -two.
1. "OE IT ENACTED by the Senate and Houfe of Reprefentatives of the /late of
A3 Georgia in General Affembly met, That a tax of fix (hillings for every hun-
dred pounds value of all lands within this ftate, granted to or furveyed for any per-
fon, as fuch lands mail be estimated at, fhall be levied on the fame in the following
mode, to wit :
All tide fwamps (including iflands) cultivated or uncultivated, of the firft quality,
at forty -eight millings and fixpence per acre; of the fecond quality, at thirty mil-
lings per acre; and of the third quality, at eighteen (hillings and fixpence per
acre.
All pine barren lands adjoining fuch lands or contiguous thereto, and within three
miles of water carriage, at (even (hillings and (ixpence per acre.
All prime inland fwamp, cultivated or uncultivated, of the firft quality, at an ave-
rage of thirty-three millings and fixpence per acre; of the fecond quality, at
eighteen (hillings and fixpence per acre; and of the third quality, at feven (hil-
lings and (ixpence per acre.
All pine barren lands adjoining or contiguous thereto, at two (hillings per acre.
Salt marfh, at two (hillings per acre.
Ail high river fvvamp or low ground (including iflands) cultivated or uncultivated
(including fuch as are commonly called fecond low grounds) lying above Aber-
corn, and as high as the mouth of M'Bean's Creek on Savannah River, of
the firft quality, at twenty-fix fhillings per acre; of the fecond quality, at fifteen
(hillings per acre; and of the third quality, at feven fhillings and fixpence per
acre.
All high river fwamps as aforefaid, lying above M'Bean's Creek, and as high as the
mouth of Rae's Creek, of the firft quality, at thirty-feven (hillings and fixpence
per acre; of the fecond quality, at twenty-fix fhillings per acre; and of the third
quality, at eleven (hillings per acre.
All high river fwamps as aforefaid, from the mouth of Rae's Creek to the mouth of
Broad River, lying on the Savannah River, of the firft quality, at twenty (hil-
lings and fixpence per acre; of the fecond quality, at eleven (hillings per acre;
and of the third quality, at three (hillings and fixpence per acre.
Ail oak and hickory lands (including iflands) cultivated or uncultivated, from the
mouth of Rae's Creek to the mouth of Broad River, within one mile of Savannah
River, of the firft quality, at feven (hillings and fixpence per acre; of the fecond
quality, at three (hillings and fixpence per acre; and of the third quality, at two
shillings per acre.
TAX. 49*
All oak and hickory lands (including iflands) cultivated or uncultivated, from the
mouth of Broad River up the Savannah River, within one mile of the fame, and
up Tugalo River to the marked line on the faid ftream, of the firft quality, a£
five millings and fixpence per acre; of the fecond quality, at three (hillings per
acre; and of the third quality, at one milling and fixpence per acre.
All oak and hickory land (including iflands) cultivated or uncultivated, from the
mouth of Broad River to the marked line on the head thereof, of the firft quali-
ty, at five {hillings and fixpence per acre; of the fecond quality, at three {hillings
per acre; and of the third quality at one milling and fixpence per acre.
All high river fwamp or low grounds (including iflands) cultivated or uncultivated, ,
from Fort Argyle to the mouth of Buckhead Creek, on the river Ogechee, of
the firft quality, at nine {hillings and fixpence per acre; of the fecond quality, at
five millings and fixpence per acre; and of the third quality at two {hillings per
acre.
All oak and hickory land as afore faid, from the mouth of Buckhead Creek to the
head of Ogechee River, of the firft quality, at feven {hillings and fixpence per
acre; of the fecond quality, at three (hillings and fixpence per acre; and of the
third quality, at two {hillings per acre.
All high river fwamp or low grounds (including iflands) cultivated or uncultivated,
from the mouth of Buckhead Creek to the head of Ogechee River, of the firft
quality, at feven millings and fixpence per acre; of the fecond quality, at three
{hillings and fixpence per acre; and of the third quality, at two (hillings per acre.
All high river fwamp (including iflands) cultivated or uncultivated, from Cathead,
on the river Alatamaha, to the mouth of Oconee River, of the firft quality, at
eleven (hillings per acre; of the fecond quality, at five (hillings and fixpence per
acre; and of the third quality, at two {hillings per acre.
All high river fwamp or low grounds asaforefaid, from the mouth of Oconee River,
along the northern ftream on the north fide of the Indian temporary line, to the
confluence of the Oconee and Appalachee or fouth fork, of the firft quality, at
fifteen (hillings per acre; and of the fecond quality, ai feven (hillings and fixpence
per acre; and of the third quality, at two millings per acre.
All river fwamp as aforefaid, from the confluence of the Oconee River and Appala-
chee River, upwards, on the north fide of the Indian temporary line, of the firft
quality, at ten (hillings per acre; of the fecond quality, at fix (hillings and three-
pence per acre; and of the third quality, at three (hillings and fixpence per acre.
All oak and hickory lands (including iflands) cultivated or uncultivated, above the
(lowing of the tide on all the rivers from Cathead, on the river Alatamaha, to the
river St. Mary's, inclufive, to the marked line, of the fivft quality, at three (hil-
lings and fixpence per acre; of the fecond quality, at two (hillings per acre; and
of the third quality, at one (hilling per acre.
All other oak and hickory lands throughout the ftate, of the firft quality, at five
(hillings and fixpence per acre; of the fecond quality, at three [hillings per acre;
and of the third quality, at one (hilling and fixpence per acre.
All lands on the fea iflands, or lying on or contiguous to thefeamore, ufually cultiva-
ted or capable of cultivation in corn or indigo, of the firft quality, at twenty-two
(hillings and fixpence; of the fecond quality, at eleven (hillings; and of the third
quality, at five (hillings and fixpence per acre.
All other pine land throughout the ftate? at one (hilling per acre.
492 TAX.
Ja^whucper. 2. And be it enaHed by the authority afore/aid, That the fum of one (hilling and
twopence fhall be levied on all free male white perfons from the age of twenty-one
onnegroes. years and upwards in this ftate, and the fum of one (hilling and twopence on all ne-
groes and other flaves whatever, under the age of fixty years, within the limits of
oniot^&c. tliefame. and the fum of three (hillings and fixpence for every hundred pounds
value of every lot, wharf or other lands, not herein already enumerated, and on all
oa carriage*, buildings within the limits of any town, village or borough within the fame ; and the
fum of four (hillings and eightpenceon every four-wheeled carriage, including cara-
vans, coaches and ftage-waggons; and the fum of two (hillings and fourpence on
°rno«eenc* every two-wheeled ca/riage (waggons, carts and drays excepted;) and the fum of
one (hilling and twopence upon all male free negroes, mulattoes and muftizoes,
from the age of twenty-one years and upwards, over and above the taxable proper-
on stock in ty they may bepolteffed of; that the fum of three (hillings and fixpence (hall be
levied for every hundred pounds value of all perfon's (lock in trade, fhopkeepers
physicians, &c, a,nd others, to be given in upon oath, and to be computed at prime coft; the fum of
twenty (hillings on all profeffors of law or phyfic; and the fum of twenty (hillings
on all factors and brokers, and on all foreign goods, wares, liquors and merchan-
dize, and negroes fold, bargained or trafficked for by all fuch faclors and brokers,
the fum of three millings and fixpence on every hundred pounds by them fo fold or
difpofed of, to be given in upon oath; and upon all vendue mafters, after qualification,
rroviso. the fum of twenty (hillings. Provided never thelefs. That in all cafes of extreme in-
digence or infirmity, the inferior court of each county (hall be and they are hereby
authorized to remit the poll tax, upon fuch indigent or infirm perfon's claiming the
fame.
one receiver to o. And be it enacted by the authority afore faicL That there (hall be one receiver for
be appointed u , . . . ^ . ' y ° ,
urwiich bac' each battalion of militia throughout this (late; and that the mode of taking the re-
Theirduty, turns (hall be as follows : The receiver of taxable returns in each battalion, (hall
*** give notice to each captain's diftricl within the battalion, by advertifing in the mod
public place of each diftricl the day and place he will attend to receive the returns of
taxable property therefor, and which notice (hall be given at lead ten days previous
thereto. Such receiver mall likewife attend previous to making his return of de-
faulters, three different days in each di(lri6l for that purpofe, which days (hall not
be within feven days of each other; and the commanding officer of each company,
fhall give to the receiver fo attending a lift of all the inhabitants liable to pay taxes
within his diftrift, on oath or affirmation to the bed of his knowledge and informa-
tion ; and it (hall be the duty of the receiver of returns, at ail times upon perfonal
application, to receive the returns not given in at the time and place fpecially notifi-
ed, at any time before he makes a digeft of the whole returns ; and he (hall, pre-
vious to entering on the execution of his duty, take and fubferibe an oath or arfir-
shati take-an mation in the words following, to wit : " I, A. B. do folemnly fwear (or affirm) that
^oVd1"11 I will truly and faithfully perform the duties of receiver of returns of taxable prop-
erty in the battalion to which I am appointed, as required of me by this aft, and
will not receive any return but on oath or affirmation."
Returns in what 4. And be it alfo cnaBed) That all and every perfon liable to pay tax, fhall give
»ade.ei ° ' in the lift of his, her or their taxable property, as well as a lift of every fuch perfon
or perfons, as he, (he or they, may be attorney or attornies, executor or adminiftra-
tor refides, defcribing as near as poflible from the plats, deeds or other documents,
the particular fituation of fuch land, in what county, what particular watercourfq
on, and what lands it adjoins ; and the receiver of fuch returns fhall make a gener*
TAX. 493
ai divert, and return the whole of the taxable property received as aforefaid, and alfo m"VTgeaerai
of the taxable property of non-refidents and defaulters within his battalion, and lge$'
fhall tranfmit three copies, one to the collector of the county, one to the inferior und«pcM«y
court, and one to the treafurer, under the penalty of onethoufand pounds, includ- saBdP°unds-
ing therein his own taxable property, and fhall publifh within one month thereafter,
in the gazette, the names of defaulters, under the penalty of fifty pounds ; and the Their few.
receiver lhall receive for each name returned to him the fum of ninepence; and it
fhall be his duty to tranfmit to the treafurer, clerk of the inferior court and collector
of taxes, each a copy of fuch digeft. And that the laid feveral receivers to be ap-
pointed by this aft, fhall be paid by the collcftors in their refpeftive counties the
fums which fhall become due to them for their fervices, 'as allowed by this aft. Pro- proviso.
vided neverthelefs, That no receiver fhall be allowed or paid by the colleftor, before
fuch receiver fhall produce a certificate from under the hands of the clerk of the in-
ferior court of fuch county, that fuch receiver is entitled to fuch fum for his fervices,
agreeable to this aft, which certificate fuch clerks are hereby on application direfted
to give; and every collector ill all be allowed credits for fuch payment in his fettle-
ment with the treafurer. And the treafurer is hereby required to tranfmit an alpha- Treasurer to
betical divert, from the feveral general returns in his office, of all the lands and other boacaidigaa;,"'
property returned as lying in each county, to the inferior courts of the refpeftive
counties, to be examined and compared with the return of fuch county, for which
duty the treafurer fhall be entitled to the fum of twenty fliillirigs for each digeft fo Hlifecs
tranfmitted ; and it fhall be the duty of each tax receiver to examine the alphabetical Receivers dutj
digeft fo tranfmitted by the treafurer, and report upon oath all lands and other prop-
erty within his diftrict not returned as aforefaid, and the quality of fuch land to the
be ft of his knowledge and information, to the collector of fuch county; and it fhall
be the duty of fuch coliefttor to proceed to colieft the taxes duethereon3 in the fame
manner as if fuch property had been returned under this aft.
5. And be it further enabled, That the receivers and collectors of tax for the ref- Receivers ana
peftive counties to be appointed by virtue of this aft, fhall be refponfible to the ex- nahietUheexI
ecutive department, and be amenable to fuch rules in the conducting the duties of
their refpeftive offices, as the executive may think neceffary and proper. The col- ^""^1 alia1
leftors of the refpeftive counties, before they enter on the duty of their office, fh all calmer point-
"give bond with fufficient fecurity, as follows : For the county of Chatham in the icJ«8.tbyadof
fum of five thoufand pounds ; for the county of Effingham in the fum of onethou-
fand pounds; for the county of Burke in the fum of two thoufand pounds; for
the county of Richmond in the fum of two thoufand pounds; for the county of
Columbia in the fum of one thoufand five hundred pounds ; for the county of
Wilkes in the fum of four thoufand pounds; for the county of Franklin in the fum
of five hundred pounds; for the county of Greene in the fum of one thoufand
pounds; for the county of Elbert in the fum of one thoufand pounds ; for the coun-
ty of Wafhington in the fum of one thoufand pounds; for the county of Liberty
in the fum of two thoufand five hundred pounds; for the county of Glynn in the
fum 01 five hundred pounds, and for the county of Camden in the fum of onethou-
fand pounds; as pointed out in and by the tax aft* of the year onethoufand feven
hundred and eighty-eight; and fhall alfo take and fubferibe the following oath, to
wit : " I, A. B. appointed colleftor of taxes for the county of , do folemn- ' Ami take ti&
ly fwear, that I will faithfully difcharge the duty required of me by law." And in
cafe of the death, refufal or negleft of any collector to enter into fuch bond, or
take fuch oath, then his excellency the governor is hereby authorized and required to
* See feft. 10 of the faid act.
oath.
494 TAX.
appoint fome other peiTon willing to accept the fame, on the qualification aforefaid,
who fli all attend in each diftrict of the county to receive fuch tax, and fhall pre-
vioufly give public n-otice thereof, at lead ten days, of the time and place of his at-
tending ; and if he mail prefume to execute the laid office without the qualification
aforefaid, he (hall forfeit double the fum for each perfon's tax he fhall receive, to be
recovered by any perfon who fhall inform and profecute for the fame.
Howtheivftds 6. And be it farther enabled, That the governor for the time being fhall take bond
and fecurity of the collectors of each county refpeclively appointed in conformity
to this aft, for the due performance of ail the duties required of them, and in the
feveral counties (except the county of Richmond) fhall tranfmit a dedimus to the in-
ferior court judges, or any two of them, to receive and caufe to be executed a bond
by the collector, with two or more fufficient fecurkies, to be approved of by the faid
judges, which bond fhall be transmitted to the treafury forthwith by them. And the
governor fhall caufe to be executed before him a bond with like fecurity for the coun-
ty of Richmond.
b£mad?o"st° 1' And be it further enabled by the authority aforefaid, That all perfons whatever,
*Ath- who are pofTefled of any lands granted to, or furveyed for them, or if anv other
perfon or perfons, or of flaves or carriages, either in their own right or in the right
of any other perfon, or are liable to pay any other tax by virtue of this act, fhall,
on or before the firfl day of July next, render a particular account thereof in wri-
ting upon oath or affirmation, fetting forth in what county the faid lands and flaves
are, to the beft of his, her or their knowledge, to the receiver of the diftrict wherein
fuch perfon refides, at fuch time and place as the faid receiver fhall direft and appoint
for the doing thereof, fo that the fame be done on or before the firft day of July afore*
Form thereof, faid, which oath or affirmation fhall be in the words following, to wit : " I, ,
do fwear (or affirm as the cafe may be) that the account which I now give in, is a juft
and true account of all the taxable property which I was pofleffed of, held or claim-
ed on the firft day of February, or was interested in, or entitled to, either in my own
right, or in the right of any other perfon or perfons whatsoever ; as parent, guardian,
executor, agent or truft.ee, or in any other manner whatever, according to the beft of
my knowledge, information and belief, and that I will give a juft and true anfwer to
all lawful queftions that may be afked me, touching the fame, and this I declare with-
out any equivocation or mental refervation whatever. So help me God." Which
faid oath or affirmation the faid receivers of tax returns are hereby refpeftively duly
authorized and required to adminifter, and that gratis.
penalty forre- 8. And be it further enabled, That if any perfon or petfons fhall be guilty of neg-
kin's a'iai'bTre- lefting or refufing to give in a return of his, her or their taxable property, or fhall
be convifted of fraud, or of making a falfe return thereof, he, fhe or they, fhall be
liable to pay to the clerk of the inferior court of the county, a fine of ten pounds
for every hundred pounds valuation fo neglefted or concealed, one moiety thereof
for the ufe of the county under the direction of the inferior court; and the other
moiety to the informer or informers.
j _ _____ — ___ j _
attornies or truftees, fhall be fubjecl and liable to pay the tax to become due by vir-
tue of this aft, or which may be due by any former tax act or acts, for fuch laud or
lands, flave or flaves, out of his, her or their own proper eftate, notwithftanding
fuch attorney or attornies, truftee or truftees, may ienounce or difciaim acling as
TAX. 495
Or renounce
such trust on
oata.
fuch before the faid taxes are levied, unlefs fuch attorney or attornies, truftee ortruf-
tees, (hall make oath before the receiver a fore faid, that he or they hath or have re-
nounced fuch attorneyfhip before the payment of faid taxes become due, without
having done it only with an intention to avoid the payment thereof: Provided always,*™*™-
That if fuch attorney or attornies, trufiee or truftees, fhall, within one year next after
fuch oath made, again become attorney or attornies, truftee or truftees, or a 61 as
fuch, he or they fhall be liable to pay the faid tax as herein directed, any thing con-
tained to the contrary notwithstanding; and for levying whereof the fame remedy
fhall be and is hereby given, as for levying the tax to become due by virtue of this
act, on the proper eitate or eftates of fuch attorney or attornies, truftee or trultees,
or other perfon orperfons acting as fuch.
10. And be it alfo enacted by the authority aforefaid. That in cafe of anv lands or Lands, &c of
i 11 n 1 1 • r ill- ii r absentees not
Other taxable property mall be round by the receivers to belong to any penon or per- returned, h»w
fons refiding without the limits of this (late, and who have no attorney or attornies,
trufiee or truftees, legally conltituted in this (late, or which have not been returned to
any receiver appointed in the county where fuch lands are, then and in fuch cafe, the
receivers fhall be and they are hereby authorized and required to charge the faid lands
and other property, for the payment of the tax impoled thereon, and alfo for all
taxes due thereon by any former tax act, and forthwith once in each month to pub-
lifh and give notice of fuch charge or aiTeffment in the gazette; and in cafe of non-
payment of fuch taxes within fix months, the faid land and other property fhall be eda«ix mintus,
thereafter liable to a double tax, and to be proceeded againft by attachment in a fum-
mary way by the collector in the manner of diftrefs and fale, and to make titles to
the perfon or perfons purchafing the fame, and to pay the money (lawful charges
only to be deducted) into the treafury.
i i. And be it enacted by the authority afore faid, That all perfons whatever who are o^pfrsom
poifeffedof any lands or flaves in this ftate in his or their own right, or in the right oi Sb^roceedeS
any other perfon, or any ways liable to pay taxes by virtue of this or any other aCT,asamst'
fhall pay in their taxes to the collectors that may be appointed to receive the fame, in
the manner herein after direcled, on or before the fir ft day of December, and the re-
fpe£tive collectors' receipts fhall be held and taken as fatisfaftory ; and if at the fir ft
day of March following any perfon or perfons fhall be in default, the collector of the
county where fuch defaulter or defaulters fhall happen, (hall immediately proceed
againft fuch defaulter or defaulters by diftrefs and fale, after due notice given, and
ftating the amount of the affeifment levied or tax due by fuch perfon orperfons, of
the goods and chattels, if any to be found, otherwife on the land of fuch defaulter ^dflc to
or defaulters, or fo much thereof as will pay the amount of the taxes due, with cofts,^.bseVf0u°^:^
and in all fuch cafes to make titles to the purchasers of the property fold as afore faid ; not the !ailds-
and the faid collectors refpeclivelv fliali, on or before the fir ft day of fune, in the coiieaorsto
year of our Lord one thoufand feven hundred and ninety -three, clofe their accounts counts with ttw
and deliver the fame to the treafurer for the time being, and after deducting five per Five per cent.
n r i i ii p i -i r • . / commissiuns.
centum on all inch taxes as they fhall receive, pay the remainder to the faid treafurer:
Provided neverthelefs, That no tax collector (hall diftrain for any tax in arrear u,ntil^n^otdis.
a demand is made at the houfe of the perfon (o in arrear, nor fhall he be allowed any Sand^ada
'greater fee for diftraining than two millings and fourpence, and a commiifion on the tueatiaXr!'
amount of the fale of the property fold at five per centum.
12. And be it further enacted, That when any of the faid receivers of returns or Lan<js,*c !n
collectors of taxes, fhall" Or may diicover that any lands or flaves, or other taxable bl-prll-^V*
property hath not been returned as in this act is pointed out, he or they fhall fum- *caiait'
49 J
TAX.
Proviso
trustees for
public uses.
Proviso.
Orphans.
Tax preferred
to all encum-
brances.
Administra-
tors, &c.
Parsons about
to depart ths
etate.
Heeds, &c.
made to evade
this r.ft, deera-
<-d fraudulent.
Proviso.
Executions a-
gafirist Collec-
tors.
mon three freeholders, refidents of the di(lrf£l where fuch lands may lie or other
property be, to alcertain the value of fuch lands or other property, and double the
tax thereon, for which amount the collector is hereby empowered and required to
levy, fell and convey in the manner herein already mentioned. Provided always
nevertheiefs; That all lands or other property veiled in commiffioners or truftees for
public ufesj (hail not come within the purview of this aft; And provided alfo, That
no Tale which (hall be made under this a 61 of the property of orphans (having no
guardian or truftee) mail have any effect. And whereas it has happened and may
frequently happen, that between the day of receiving the returns and the day ap-
pointed for the payment of the faid tax, many perfons have left the diftrict in which
they reude, and have been returned by the collectors as infolvents, who had no
property upon which the collector could levy and diltrain :
13. Be it therefore enacted by the authority afore/aid, That the collector in every
county ihall be obliged to lay before the grand jury of each county, a lift of fuch
infolvents as may be in fuch county or counties, who (hall allow or dilallow the
fame. *
14. And be it alfo enacted by the authority aforefaid,, That the taxes impofed by this
act lhall be preferred to all fecurities and encumbrances whatever; and that in cafe
any perfon or perfons coming under the notice of this act, fhall die between the
time of giving in his, her or their returns to the receiver or receivers refpectively,
and the paying of his, her or their tax, and any goods or chattels of the deceafed, to
the value of the fum taxed, (hall come into the hands of his, her or their executors
or adminiftrators* or executors in their own wrong, fuch executors or adminiftra-
tors fhall pay the fame by the time before limited, prior to all judgments, mortgages
or debts whatfoever, or otherwife a warrant of execution fhall ifl'ue againfl the prop-
er goods and chattels of fuch executor or adminiftrator; and if any perfon or per-
fons, between the time of rendering the account of his, her or their eftate to the re-
ceiver aforefaid, and the time of his, her or their paying in the faid tax, fhall be
about to depart the county in which he, fhe or they, may have immediately then pre-
ceding refided, the faid collector or collectors is and they are hereby directed and re-
quired forthwith to levy the fame, notwithftanding the day of payment may not then
be come, unlefs fuch perfon or perfons ihall and will find fecurities to be approved
of by the faid collector or collectors refpectively, for the payment thereof at the day
herein appointed*
15. And he it further enabled, That all deeds of gift, conveyances, mortgages, fales
and alignments of goods, lands, tenements and chattels of any kind, of any per-
fon or perfons whatfoever, made with an intention to avoid paying the aforefaid tax,
are hereby deemed and declared null and void. And in cafe any perfon who has
mortgaged his eftate real or perfonal, fhall refufe or neglect to pay the tax of the
fame, the mortgagee fhall be liable to pay the fame: Provided, That no fale for
taxes under this act fhall tend to affect the right of the ftate to any property mortgaged
or fecured to this ftate.
16. And be it further enacted by the authority aforefaid, That the treafurer for the
time being be, and he is hereby empowered and required to grant executions again It
all former collectors of taxes who are or may be defaulters, immediately after the
paffing of this act; and he is hereby required and directed to proceed and prepare
the form of a general return to be made by the refpective receivers of tax returns,
to be approved of by the governor, and transmitted by the treafurer without dela/
to the aforefaid officers*
TAX. TM 497
17. And be it further enacted, That where the collector of the county finds rJ© 'other cowl™
property real or perfonal therein of perfons in arrears to fatisfy the tax due by vir- ^Exws!dby
tue of this or any former tax acl, fuch colleclor is hereby authorized and empower-
ed tc# fell fo much of the property of the perfon neglecting to pay as aforefaid, as
may be htuate in any other county or counties as will fatisfy the faid tax and arrears
of tax aforefaid : Provided, That thirty days' notice be previoufly given, of theProyis*.
time and place of fuch fale-by fuch colleclor, in the public gazette. Lndu"]
18. And be it alfo cnaBed, That every perfon or perfons refufmg or neglecting to Pena!tvfornot
•give in a lift of his, her or their taxable property, agreeably to the directions of this ^™^'f
act, fhall forfeit and pay for every fuch neglect the fum of twenty (hillings for every
free male perfon above the age of twenty-one years : the fum of twenty millings for
every negro, and the fum of twenty {hillings for every hundred acres of land, to
be paid by the mailer or owner .thereof, and to be recovered by bill, plaint or infor-
mation before any court of record; the one half thereof to go to the informer, and
the other half to the life of the county where fuch information is made, except
where the prosecution is carried on by.prefentment, and in that cafe the whole (hall
be applied to the ufe of the county. Provided always, That fuch information or pre- ProvJfio-
fentment be made within twelve months after fuch negleft or default.
19. And be it enacted, That it Thai 1 be the duty of the judges of the fuperior Defaulter! tolo
1 ■ ■ r 1 r 1 • (• t 1 nil presented by
courts at their next term after the returns of the receivers at taxable property in all the grand jury.
have been made agreeably to this acl, to give it in charge to the grand juries of the
feveral counties, that they do prefent all fuch perfons as may be defaulters under this
acl. Provided neverikelefs, That where any perfon or perfons who may be a default- Proviso.
er, dial], before any information or prefentment be made againft him or them, go
to the clerk of the fuperior court of his county, and give in a lift of his property
upon oath in the fame manner as ought to have been given to the receiver, fuch per-
fon or perfons Hi all be exonerated from the pains and penalties of this acl; and each
perfon fhali pay to fuch clerk for taking Rich lift the fum of two (hillings and four-
pence, and every fuch clerk mall return to the colleclor of his county, on or before
the full day of February one thoufand feven hundred and ninety-three, a true lift of
fuch property, and alfo tranfmit to the treafurer a return thereof on or before the
■fir ft day of May following.
.. 20. And be it further enacted by the authority aforefaid, That the tax impofed by ooid.siivw
this aft, ill al 1 be paid and collected in gold and filver coin, or warrants drawn on the ^£,££fe"
treafurer for the year onethoufand feven hundred and ninety-two, and nothing elfe. ofthisact'
And no replevin (hall lie or other judicial interference be had in any levy or dill rain no replevin,
for taxes under this law, but that the party injured be leu to his proper remedy iri 3.^'
court of law. And whereas doubts have arifen whether the treafurer is juftifiable in
ilTuing his execution againft the fecurities of any colleclor for any balance due by
them, or hereafter may become due j for explaining the fame,
21. Be it enaBed, That the treafurer is fully authorized and he is hereby direcled, f^f^mt0
that in all cafes where any colleclor or collectors (hall neglecl to pay according toll"5
the direclions of this acl, the treafurer fhall- iffue his execution againft fuch colleclor
or collectors and their fecurities.
22. And be it further enaBed, That from and after the palling of thisvael, cron or.,
pi f» -* ■ ** . . w . Ac) ■'I 1 odrcco ri cm
transfer tobacco notes from the infpeclion at Peteriburgh in the county of Elbert, geffiUe
{hall be receivable in the payment of taxes for the year one thoufand feven hundred S'oST
g & for 1791,
collectors inde-
Tohacco from
49S TAX;
and ninety-one, at the rate of ten {hillings and fixpence per hundred, any former
law to the contrary notwithstanding.
23. And whereas from the negleft: of the receivers appointed for the county of
Chatham in the diftricts of Great Ogechee and Cherokee Hill to takein a lift of tax-
able property therefor, in the year one thoufand feven hundred and eighty-nine, no
returns were made for the faid year, whereby no collection of tax from the inhabi-
tants of the aforefaid diftricts was made, and it is juft and right that every individ-
ual of the community mould contribute to the fupport of government; for remedy
^ms'for'chlt w'iereor? Be it further enacted, That the receivers to be appointed under this act to
wYthTeruio ta^e m tne returns of the taxable property of the county of Chatham, be and they
fev>«r*, are hereDy directed to require of the inhabitants of the diftricts of Great Ogechee
and Cherokee Kill on oath, a lift of the taxable property each of them were poiTefT-
ed of, at the time when the property ought to have been given in to the receiver ap-
pointed under and by virtue of the tax act, for the year one thoufand feven hundred
and eighty-nine aforefaid, which lift fuch receiver fhall keep feparate from Ae tax
return to be made under this act, and fhall return the fame to the treafurer, together
with the general return to be made under this act, and the receiver fhall have and re-
ceive the fame allowance for his trouble as is by this act allowed receivers, and every
perfon or perfons neglecting or refufing to give in fuch lift, fhall be returned a de-
faulter, and fhall be fubject to all the pains and penalties as other perfon or perfons
refufing or neglecting to give in their taxable property under this act are, and fhall be
praise. . recovered in the manner herein pointed out. Provided neverthelefs, That where it
arrear[toPay fhall appear to the receiver that any perfon or perfons hath or have given in their
•pecie value of property for the aforefaid year, in fuch cafe fuch perfon or perfons fhall not be com-
l>:iper medium *• .* J J ' ti .>,..
fer that year, pellcd to give in their return of taxable property, and that no perlon who is in arrear
for the taxes of the faid year, fhall be compelled to pay in fpecie more than the real
value of the paper medium at that time, which was four for one. And the collector
for the county of Chatham fhall receive and account with the treafurer for the afore-
faid arrearages in the fame manner as for the tax impofed by this act.
cewirs iT/ma- And be it enacted by the authority aforefaid, That any receiver making a falfe re-
fci?ns.falsere" turn, expreffive of more or other than is to him given in, fhall forfeit and pay to the par-
ty aggrieved a fum equal to double the amount of the tax on the property fo illegally re-
oncoikaors turned, and any collector demanding any other or more tax than by this aft is im-
l?"rcS'due. pofed according to the refpeftive returns fhall forfeit and pay to the party aggrieved
for every fuch offence fourfold on the fum fo unlawfully received, to be recovered
„,_-„ before any mrifdi6tion bavins cognizance thereof, and it fhall be the duty of the
Sheriff shall ex- . / J , P ° .. ' . 11 r ■ rr J L
ecuteaiiexecu- jherms or the refpethve counties to execute all executions and other proceis iliued by
tions issued a- r . ' p /■
gainst couec- the treafurer again ft officers appointed by this act, under and by virtue of the fame.
WILLIAM GIBBONS, Speaker of the Houfe of ReprefentativeK
N. BROWNSON, Prejident of the Senate,
Concurred December 22, 1791.
EDWARD TELFAIR, Governor,
TAX. 499
An aB to impofe a tax on the inhabitants of this fate for thefiipport of the government
for the year one thoufand feven hundred and ninety-three.
i. "O E IT ENACTED,, by the Senate and Houfe of Reprefentauves of the fate lofr*x<m\m«*,
JiJ Georgia, in General Afjembly met, That a tax of eight {hillings and twopence %\^tQI raT
for every hundred pounds value of all lands within the ft ate-, granted to or furveyed
for any perfon or perfons, fhall be paid and levied thereon.
2 And be it further enabled, That the value or eftimation of fuch lands [hall be jur* «*««•<
rated agreeably to theeftimation or value of lands in and by the a£l entitled " An aft KxbaW
to raife a tax for the fupport of government for the year one thoufand kven hundred
and ninety-two."
3. And be it further enacted, That the fum of one milling and ninepence fhall be^*ww«Sj?
levied on all free male white perfons refidents within this Mate from the age of twen-S0!
ty-one years and upwards; and the fum of one (hilling and ninepence on ail negroes onnegroet.
and other (laves under the age of fixty years within. the limits of the fame; and the 0n !ot5 >&ii
fum of four 'millings and eightpence lor every hundred pounds value of every lot,
wharf or other lands not herein otherwife included, and the fame fum for the like va-
lue of all buildings and improvements within the limits of any town, village or bo-
rough; and the fum of fix (hillings and (ixpence upon all four-wheeled carnages, onc&rr!ag«e
including caravans, coaches and ftage-waggons (waggons carts and drays excepted;)
and the fum of one (hilling and ninepence on all free male negroes, mullattoes and. .
Oi O ' On free ne-
muftizoes, from the age of twenty-one years and upwards, over and above the taxa-sroes>&c--.
ble property they may be poffelled of within this ftate, and the fum of four (hillings onstockia
and eightpence (hall be levied on every hundred pounds value of all perfons' (lock in trauc'
trade, whether merchants, (hopkeepers or other perfons retailing the fame within this
ftate, to be given in on oath, and to be computed on prime coft ; the fum of twenty- 0nl:lwv<:rs'ic-
eight (hillings on all profeftbrs of law or phyfic, factors, brokers, and vendue maf-
ters ; and the fum of four (hillings and eightpence on every hundred pounds value of
all foreign goods, wares, liquors, negroes and merchandize of what nature or kind
foever, fold, bargained or trafficked for by fuch factors and brokers; and four (hil-
lings and eightpence on every hundred pounds value on all goods, wares and liquors,
negroes or other merchandize fold at vendue ; fuch factors, brokers, and vendue maf-
ters to render the fame in on oath. Provided neverthelefs, That in all cafes of ex- pr0Vk:
treme indigence or infirmity, the inferior couit may remit the poll tax on fuch indi-
gent or infirm perfon if he (hall claim the fame.
4. And be it further enabled, That the receivers of tax returns and collectors ofRecdv?«tohe
taxes (hall be appointed as they were appointed in and by the act to raife a tax for the SF«ffiJythe
year one. thoufand feven hundred and ninety-two ; and their duties mall feverally besfe^a?«>.
the fame as is therein pointed out and required for receivers and colleQors under that amffieW*
lav/ ; andthe regulations, reftrictions, claufes and provifoes, as well for the government byth«t£V
and rule of fuch receivers and collectors as for the government and rule of the inhab-
itants of this ftate liable to pay tax, either for giving in returns or payment of taxes,
or for the time and mode of fo doing; except that the receivers of taxable returns
in each county (hall receive for each name returned to him the fum of fixpencc, or
for receiving and digefting fuch returns, or for levying on and felling property, (hall
be the fame for carrying this law into execution as is therein contained for the regu-
lations and reftrictions under which this law is declared to operate. Provided. TJha
CilC
e as given
' a&.
Provi
no fales of land fhall take place under this law, unlefs thirty days' notice of fuch fak ^;;^",n"y4
Haall have been given by publishing the fame in feme one of the public ga- days' "oUc*"
i
50P TAX.
zettes of this (late, together with the beft defcription of Rich land the collector is able
to procure, and which charge for publishing fu'ch notice, fuch collector may deduct
from the amount fates of the property fold, or lawfully demand from the perfon own-
proviso. ing and paying the tax for the fame. And provided. That no fale for taxes fhall be
state secured, conftrued to have effe£t where it has already taken place or may hereafter take place
of property mortgaged or fee urea to the Hate, or where the ftate has other wife a legal
or equitable title to the fame.
The aft laying 5. And be it further enabled, That for the better carrying the foregoing; claufe into
a tax for tie -it * cy o c>
vear.79f,'in execution , all and every part of the aforementioned act for railing a tax for the (up-
fnll force,1 ex- r r 1 i r 1 - 1 1 i i ■ •"!•
taTin^muiis P ° g°Yernment ror the year one thoulandleven hundred and ninety-two not mm-
*». ° tating with this act, (hall be held, deemed and confidered as of full force and effect.
6. And whereas divers perfons non-refidents of this ftate import large quantities of
goods, and evade the payment of taxes by not being in this ftate at the time ufually pre-
Non-re»idents fcribed for making returns for taxes, for remedy whereof, Be it enabled. That any
selling waves, <-> ' ■> in
<r how to be non-rehdent w no fhall expofe to fell any goods in this ftate, mall on his arrival or
proceeded a- i J o '
gainst. within feven days after entering the fame, make return on oath to the receivers of
taxable returns, and give fecurity to the tax collector to pay the fame on or before
proviso. the time prescribed for paying the taxes impofed by this act. Provided, That fuch
goods fhall not be liable to pay the taxes where they may be exported or placed in the
hands of a vendue mafler or factor to be actually difpofed of by him or them, it mall
and may be lawful for the tax collectors to proceed againft him or them in like man-
ner as perfons about to remove out of the county on failure thereof.
7. Be it further enabled, That fales for taxes, where the property mail be purchafed
in for, or be held by the perfon or perfons previoufly entitled thereto, or by his, her
or their executors or adminiftrators, or by any other perfon or perfons in truft for
him, her or them, Ihall beheld and confidered as good evidence of a fraudulent in-
tention and fale, where the fame fhall be contefted, by bona Jide creditor, lineal repre-
fentative, or legatee, in any court of law and equity in this ftate; and fuch perfon or
perfons, on conviction of fuch fraudulent intention and fale, mall forfeit the amount
of taxes he, fhe or they, may have paid on the fame.
countytax. 8. And be it further enacted, Thai all perfons who were heretofore, now are, or here-
after may be fubjett to a County tax, fhall pay in the county where fuch perfon re-
fides, in proportion to the whole amount'of his or her taxable property, whether fuch
lands be within that county or any other within this ftate.
coiieaorofEf- q. And'be it further enaHed. That the collector of taxes for the county of Effing-
fincham his ^ J '. * o
duty. ' : ham [hall attend at the four following places within the county for the purpofe of re-
ceiving the tax for the year one thoufand feven hundred and ninety-two, and for the
year one thoufand feven hundred and ninety-three, at the houfes of Jofeph jackfon,
Jofhua Pierce, John Waldtour and John M'Call, and at no other place, any lav/ to
the contrary notwithstanding.
WILLIAM GIBBONS, Speaker of the Houfe of Reprefentativcs.
BENJAMIN TALIAFERRO, Prefident of the Senate.
Concurred, December 20, 1792.
EDWARD TELFAIR, Governor.
Tax collectors
fales, when
fraudulent.
TAX. 501
An act to impofe a tax on the inhabitants of this /late, for the [up port of the govern-
ment for the year one thoufand f even hundred and ninety -four.
S IT ENACTED by the Senate and Houfe of Reprefentative; of the fate of^for^
Georgia in General Affembly met, That a tax of eight (hillings and two- «j,-J»"xed-
pence for every hundred pounds value of all lands- within this (late, granted to or
furveyed for any peri'on or perfons, fliall be paid and levied thereon.
2.* And be it further enacted, That the value or eflimation of fuch lands (hall be-^^j*^
rated agreeably to the estimation or value of lands in and by the aft, entitled Ci An ;;:;;; ';.;;
aft to raife a tax for the fupport of government for the year one thoufand feveji L~
hundred and ninety-two."
3. And be it further enacted, That the funvof one (hilling and ninepence (hall be.™n_^™'
levied on all free male white perfons refidents within this ftate from the age- of twenty-
one years and upwards; and the fum of one (hilling and ninepence on all negroes
and other (laves under the age of fixty years, within the limits of the fame; and
the fum of four (hillings and eightpence for every -hundred pounds value of ev-
ery lot, wharf or other lands not herein otherwife included; and the fame fum
for the like value of ail buildings and improvements within the limits of any town,
village or borough; and the fura of fix millings and fixpence on all four-wheeled
carriages, including caravans, coaches and (lage-waggons (waggons excepted); and
the fdm of one (hilling arid ninepence on all free male negroes, mulattoes and rnuf-
tizoes, from the age of twenty-one years and upwards, over and above the taxable
property they may be pofleffed of within this ftate ; and the fum of four (hillings and
eightpence (hall be levied on every hundred pounds value of all perfons' (lock in
trade, whether merchants, (hopkeepers, or other perfons retailing the fame within
this ftate, to be given "in toil oath, and to be computed on prime coft; the fum of
twenty-eight (hillings on all profeflbrs of law or phyfic, factors, brokers, vendue
mafters and dancing mailers; and the fum of four (hillings and eightpence on every
hundred pounds value of all foreign goods, wares, liquors, negroes and merchandize, of
what nature or kind foever, fold, bargained or trafficked for by fuch factors and brokers;
and four (hillings and eightpence on every hundred pounds value on all goods, wares
and liquors, negroes or other merchandize, fold at vendue: Provided neverthelefs,PlQVhi,_
That in all cafes of extreme indigence or infirmity, the inferior court may remit the
poll tax on fuch indigent or infirm perfon, if he (hall claim the fame.
4. And be it further enacted, That the receivers of tax returns and collectors ofRece!versanc!
taxes, fliall be appointed as they were appointed in and by the aft to raife a tax for appoSls.«|
'*' the year one thoufand feven hundred and ninety-two; and their duties fliall feverally Ja^SSf
be the fame as is therein pointed out and required for receivers and collectors underlet 'etuonf,*,
that law; and the regulations, redactions, claufes and provifoes, as well for the go-
vernment and rule of fuch receivers and collectors, as for the government and rule
of the inhabitants of this ftate liable to pay tax, either for giving in returns, or pay-.
msnt of taxes, or for the time and mode of fo doing; except that the receivers of Receivers- fees.
taxable returns in each county fliall receive for each name returned to him the fum of
fixpence; or for receiving and digefting fuch returns, or for levying on and felling
property, (hall be the, fame for carrying this law into execution as is therein contained
for the regulations and redactions under which that law is declared to operate : Pro- Proviso.
vided, The collector of taxes may and dial! pay to the receiver of tax returns, month-
# See from page 490 to 498.
502
TAX.
Proviso.
'! Inrty days'
notice to be gi-
ven before the
saie of lands
Property mort-
gaged to the
state
All the aft of
i 7<j :, not con-
trary to tliis act
declared to berf
in force.
Kon-vesiilcnt8,
&c vending
goods, ire. how
to be charged.
Evidence of
fraudulent
taks.
County tax.
ColleftoTsun-
Jertbe direc-
i.oh ol the £,0-
s criior.
ly if required, the amount of fuch fums as the receiver may be entitled unto, for all
perfons who have paid their taxes at the time fuch demand is made; and the receivers
of taxable returns fhall not be entitled to demand or receive any allowance or pay for
making returns of any perfon until the tax of any fuch perfon or perfons is or are
paid: And provided, That no fale of lands fhall take place under this law, unlets
thirty days' notice of fuch fale fhall have been given, by publiihing the fame in fome
one of the public gazettes of this (late, together with the beft defcription of fuch
lands the collector is able to procure, and which charge for publifhing fuch notice
llich collector may deduct from the amount of fales of the property fold or lawfully
demanded from the perfons owing and paying the tax for the fame. And provided,
That no fale for taxes fhall be conftrued to have eflecl where it has already taken
place, or may hereafter take place of property mortgaged or fecured to the ftate3 or
where the ftate has otherwife a legal or equitable title to the fame.
5. And be it juriher enabled, That for the better carrying the foregoing claufe into
execution, all and every part of the aforementioned act for raifing a tax for the fup-
port of government for the year one thoufand feven hundred and ninety-two, not
militating with this act, fhall be held3 deemed and confidered as of full force and
effect.
6. And whereas, divers perfons, non-refidents of this ftate, import large quanti-
ties of goods, and evade the payment of taxes by not being in this ftate at the time
ufually prefcribed for making returns for taxes : for remedy whereof, Be it enabled.
That any non-refident who fhall expofe to fale any goods in this ftate, fhall, on his
arrival, or within feven days after entering the fame, make return on oath to the re-
ceiver of taxable returns, and give fecurity to the tax collector to pay the fame on or
before the time prefcribed for paying trie taxes impofed by this act: Provided, That
fuch goods fhall not be liable to pay the taxes where they may be exported, or placed
in the hands of a vendue mafter or faclor, to be actually difpofed of by him or them,
and on failing to comply as aforefaid, it fhall and may be lawful for the tax collec-
tors to proceed againft him or them in like manner as againft perfons about to remove
out of the county.
7. And be further enabled, That fales for taxes where the property mall be pur-
chafed in., for, or be held by the perfon or perfons previoufly entitled thereto, or by
his, her or their executors or adminiftrators, or by any other perfon or perfons in
Iruft for him, her or them, fhall be held and confidered as good evidence of a frau-..
dulent intention and fale, where the fame mall be contefted by a bonaf.de creditor,
lineal reprefentative or legatee, in any court of law and equity in this ftate; and fuch
perfon or perfons, on conviction of fuch fraudulent intention and fale, mall forfeit
the amount of taxes he, ihe or they, may have paid on the fame.
8. And be it fun her enacted, That all perfons who were heretofore, or hereafter
may be fubjett to a county tax, fhall pay in the county where fuch perfon or perfons
refide, in proportion to the whole amount of his or her taxable property, whether
fuch lands be within that county or any other within this ftate.
9. And be it further enacted, That his excellency the governor is hereby vefted
with full and ample powers to call on the collectors of the taxes in the feveral coun-
ties, in any manner he may think belt (to pay into the treafury the monies they
may have feverally collettcd) at any time after the fir ft day of March; and any col-
lector failing to make fuch payment when required as aforefaid, fhall be fubje£t and
liable to have execution ifiued againft him for the full amount of his collection.
TAX. 503
10. And he it further enacted. That the colleCior of the tax for the county of county tax of
Wilkes, mall and he is hereby authorized to collect from the feveral perfons liable to beiawta
pay tax in faid county, one eighth of the amount of their general tax for the year one
thoufand (even hundred and ninety-three ; which faid tax fhall be fubjeft to the order
of the inferior court for the purpofe of fatisfying the feveral claims againft the county
for building bridges or otherwife, and for the fupport of the poor of faid county.
11. And be it farther enacted. That each collector of the public tax fhall take the path to be 'a-
J ken Dv tlit cot**
following oath ; " That he hath not extorted from any perfon or perfons any dif- ie&°r.
count on any governor, prefident or fpeaker's warrant which he offered in fettle-
ment of the tax of the county for which he is appointed collector; and that he has
not refufed to receive or exchange the fame;" which oath the treafurer is hereby di-
rected to adminifter to the feveral collectors at the time of fettlement.
WILLIAM GIBBONS, Speaker of the Houfe of Reprefentatives.
BENJAMIN TALIAFERRO, Prefident of the Senate,
Concurred, December 19, "1793.
CEORGE MATHEWS, Governor.
An act to raife a tax for the fupport of government for the year one thoufand f even hifn~
dred and ninety -five.
1. ]}E IT ENACTED by the Senate and Houfe of Reprefentatives of the fate of
JL3 Georgia, in General Affembly met, That a tax of fix millings for every htin- Taxonaii
dred pounds value of all lands within this fiate, granted to or furveved for anv per- or surveyed, -tb
r _ 7 o *_ < J r . be rated and es-
fon or perfons, fhall be paid and levied thereon ; and the value or eftimation of fuch j^to tii«a£
lands fhall be rated agreeable to the eftimation or value of lands in and by the a£i en- Jhf,j*Ja,*«?
O / \uz ) ear 1 />)*•
titled " An acl to raife a tax for the fupport of government for the year one thoufand
feven hundred and ninety-two."
2. And be it further enabled, That the fum of one milling and twopence fhall be Tax on n#.
y 3 o _ 1 eroes &€
levied on all negroes and other (laves under the age of fifty years, within the limits of
this Mate; and the fum of three fhillings for every hundred pounds value of every
lot, wharf or other lands not herein otherwife included, and the fame fum on the
like value of all buildings within the limits of any city, town, village or borough;
and the fum of four fhillings and eightpence on all four-wheeled carriages, including
caravans, coaches and ftage-waggons (waggons excepted) ; and the fum of one mil-
ling and twopence on all free male negroes, mulattoes and muftizoes, from the age
of twenty-one years and upwards, over and above the taxable property they may be
pofleffed di within this flate; and the fum of three millings fhall be levied on every
hundred pounds value on all perfons' flock in trade, whether merchants, fhopkeep-
ers or others retailing the fame within this flate, to be given in on oath to be computed
at prime coft ■ and the fum of eighteen millings and eightpence on all praftitioners onpraftitior»«
of law or phyfic; and the fum of eighteen fhillings and eightpence on all faQors, oflavv' &a'
brokers and vendue mafters ; and the fum of three millings on all foreign goods,
wares, liquors, negroes and merchandize of what nature or kind foever, fold, bar-
gained or trafficked for by fuch faclors or brokers ; and the fum of three fhillings on
all negroes and other merchandize fold at vendue.
504.. • TAX.
ReceWte-sind' ' 3' ^''^ %? U further , cnaBcd, That the receivers of tax returns and collectors of
; "taxes fhall be appointed as they were appointed by and under "An act to raife a tax
! * 'or the year one thoufand feven hundred and ninety-two ;" and their duties mall fev-
eraiiy be the fame as is therein pointed out for receivers and collectors under that law,
'";u'"' and the regulations, redactions, cjaufes and provifoes, as well for the government and
rule of fuch receivers and collectors, as for the government and rule of the inhabi-
tants of this (late liable to pay tax, either for giving in returns or payment of taxes,
or for the time and mode of fo doing, (except that the receivers of taxable returns in
Receivers' com- each county lhall receive the fum of two and one half per cent, on the amount of
taxes accruing on the property by them returned) or for levying on or felling proper-
ty, mail be the fame for carrying this law into execution as is therein contained for
the regulations and rcftrictions under which that law is declared to operate. Provided,
proviso. That the collector may and fhall pay to the receivers of tax returns, monthly, if re-
quired, the amount of fuch fums as the receiver may be entitled unto for all perfons
who have paid their taxes at the time fuch demand is made; and the receivers of tax-
able returns fhall not be entitled to demand or receive any allowance or pay for mak-
ing returns of any perfon, until the tax of any fuch perfdri or perfons is or are paid,
saiesofiand And provided no Sale of land fhall take place under this law, unlefs thirty days' notice
piaceViuMtvy of fuch fale {hall have been given, by publishing the fame, in fome one of the public
tiTbe given1!0" gazettes of this ftate, together with the belt description of fuch land the collector is
able to procure, and which charge for publishing fuch notice fuch collector may de-
"duct from the amount of fales of the property fold, or lawfully demand from the
property mort- perfon owning and paying tax for the fame. And provided alfo, That no fale for taxes
gagedtothe .j]^} j.,^ Coni!rued to have effect where the property is mortgaged or fee u red to the
ftate, or where the ftate has otherwifea legal or equitable title to the fame.
Evidencdof 4- '4^A be $ 'fk?Jher enabled, That the fales for taxes, where the property mail be '
framiuitnt purchaSed in for, or in behalf of, the perfon or perfons previously entitled thereto,
or by his, her or their executors or administrators, or by any other perfon or per-
fons, for him, her or them, fhall be held and confidered as good evidence of a frau-
dulent intention and fale when the fame {hall be contefted by a bona fide creditor,
lineal repreientative or legatee, in any court of law or equity in this ftate; and fuch
perfon or perfons on conviction of fuch fraudulent intention and fale;, fhall forfeit
the amount of taxes he, fhe or they have paid on the fame.
5. And whereas, divers perfons, non-refidents of this ftate, import large quantities of
goods, wares and merchandize, and evade the payment of taxes by not being in the
ftate, at the time ufually prefcribed for making returns for taxes; for remedy where-
Non-residents of, Be it enacted, That any non-refident who (hall expofe to fale any goods in this
&c°4ho?vgto°be' ftate, fhall, on his arrival or within feven days after entering the fame, make return
g»irist.c on oath to the receiver of taxable returns, and give Security to the tax collector to
pay the fame on or before the time -prefcribed for paying taxes impofed by this aft :
Provided, That fuch goods fhall not be liable to pay the tax, when they may be ex-
ported or placed in the hands of a vendue mafter or factor, to be actually clifpofed
of by him or them; and on failing to comply as aforefaid, it fhall and may be law-
ful for the tax collector to proceed againft him or them, in like manner as againft
perfons about to remove out of the county.
6. And be it, further enacted, That his excellency the governor is hereby vefted with
full power to call on all. collectors of the taxes in the Several counties, in any manner
he may think beft (to pay into the treafury the monies they may have Severally collec-
ted) at any time after the firft day of March, any collector failing to make fuch pay-
TAX. S°5
went when thereunto required as afbrefaid, (hall be fubjeel and liable to have execu-
tion iflued againft for the full amount of his collection.
7. And be it further enabled, That each collector of the public tax fh all take the coiiedort
following oath : " That he hath not extorted or received from any perfon, any dif-°a
count on any governor, prefident, or fpeaker's warrant which he offered in fettle-
ment of taxes of the county, for which he is appointed collector, and that he has not
refufed to receive or exchange the fame." Which oath the treafurer is hereby direct-
ed and empowered to adminifler to the feveral collectors at the time of fettlement,
and e\ery perfon making a return of his, her or their property, fhall exprefs in the
body of fuch return to whom the lands therein were originaliy granted or conveyed '
by the ftate.
8. Whereas 'm and by an aft entitled " An aft; to grant monies for thepurpofe ofcert.-i<ipart«
building and repairing court-houfes and tails," palled at Augufta on the 1 Ath De- cem,y .'/$>' •
o r o J ' r O <J repealed m cer-
cember 1791, it is enafted " That the jultices of the inferior court of each county ^ia counties.
in the (late may levy a tax in fpecie upon the feveral. perfons liable to pay tax in the
refpeftive counties, not exceeding one fifth part of fuch perfons' general tax. Be it
therefore enacted, That fo much of the aft; as is before recited fhall be and the fame
is hereby declared to be repealed, fo far as refpefts the counties of Liberty, Effing-
ham, Greene and Montgomery, after completing the collection of the tax of the year
one thoufand feven hundred ninety-four: And be it further enabled. That the iufti- ' ^
, / J ' J County tax of
ces or the inferior courts of the counties of Liberty, Effingham, Greene and Mont- °™^f%^'
gomery, be and they are hereby authorized and empowered to levy a tax, on all taxa- j.^"^14
ble property within their refpeftive counties which fhall not exceed one half the
amount of the general tax for the purpofe of enabling the commiffioners to build
and keep in repair jails and court-houfes in their feveral counties.
9. And whereas the. ftate has been defrauded of a conliderable part of her revenue re^nS i£ ?*«>
arifing from property not being returned in the county where the property may be, Sntywhereit
for remedy whereof: Be it enabled, That all perfons poiTefiing property liable to pay
tax in any of the counties within this ftate, fhall by themfelves, or their attornies, re-
turn fuch property where the fame may be, within the time prefcribed by this aft.
10. And be it further enabled, That for the better carrying the foregoing claufes in- curtlto^ir
to execution, all and every part of the aforefaid a6l for railing a tax for the fupport of forcc'&:c-
government'for the year one thoufand feven hundred and ninety-two, not militating
with this aft, be deemed and confidered of full force and effeft.
THOMAS NAPIER, Speaker of (he Houfe of Representatives.
BENJAMIN TALIAFERRO, Prefident' of the Senate,
Concurred December 29, 1794.
GEORGE MATHEWS^ Governor,
An act to raife a tax for the fupport of government for the year one thoufand feven hun-
dred and ninety fin.
E IT ENACTED by the Senate and Houfe of Reprefentatives of the fate o/Vaxomii
JLJ Georgia in General Affembly met, and it is hereby enabled by authority there- o^mw^t
*/", That a tax of forty cents for every hundred dollars value on all lands within this
3S
$o6 TAX.
ftate, granted to or furveyed for any perfon, as fuch lands fhall be eftimated at, fhail
be levied on the fame in the following mode, to wit,
ft»fe«, All tide fwarnps (cultivated or uncultivated) including iflands, of the flrft quality,
at ten dollars and thirty-nine cents per acre; of the fecond quality at fix dollars, for-
ty three cents per acre ; and of the third quality, at one dollar feventy-feven cents per
acre.
All pine lands adjoining fuch tide fwamp lands, or contiguous thereto, and within
three miles of water carriage, at one dollar fixty-one cents per acre.
All prime inland fwamps, cultivated or uncultivated, of the flrft quality, at an aver-
'age of feven dollars feventeen 'cents per acre; of the fecond quality, at three dollars
ninety-feven cents per acre; of the third quality, at one dollar lixty-two cents per
acre.
All pine barren lands adjoining or contiguous thereto, at forty-three cents per
acre.
* All fait marfh, at forty-three cents per acre.
A11 high river fwamp and low grounds, cultivated or uncultivated, (including ifl-
ands) including fuch as are commonly called fecond low grounds, lying above
Abercorn Creek and as high as the mouth of M'Bean's Creek on Savannah River,
of the flrft quality, at five dollars thirty-fix cents per acre ; of the fecond quality,
at three dollars twenty-two cents per -acre; and of the third quality, at one dollar
fixty-one cents per acre.
All high river fwamp as aforefaid, lying above M'Bean's Creek, and as high
as the mouth of Rae's Creek, of the flrft quality, at eight dollars and three cents per
acre; of the fecond quality at five dollars thirty-fix cents per acre; and of the third
quality, at two dollars thirty-five cents per acre.
All high river fwamp as aforefaid, lying from the mouth of Rae's Creek, to the
mouth of Broad River, lying on Savannah River, of the flrft quality, at four dollars
eighteen cents per acre ; of the fecond quality, at two dollars thirty -five cents per
acre; of the third quality, at feventy-flve cents per acre.
All oak and hickory lands cultivated or uncultivated, (including iflands) from
the mouth of Rae's Creek to the mouth of Broad River, and within one mile of
Savannah River, of the flrft quality, at one dollar fixty-one cents per acre ; of the
fecond quality, at feventy-flve cents per acre; and of the third quality at forty-three
cents per acre.
All oak and hickory lands (including iflands) cultivated or uncultivated, from the
mouth of Broad River up the Savannah River, and within one mile of the fame,
and up Tugalo River to the marked line on faid ftream, of the flrft quality, at one
dollar and eighteen cents per acre ; of the fecond quality, at flxty'-eight cents per acre;
and of the third quality at thirty-one cents per acre.
All oak and hickory lands (including iflands) cultivated or uncultivated, from the
mouth of Broad River to the marked line on the head thereof, of the flrft quality, at
one dollar eighteen cents per acre; of .the fecond quality, at fixty-eight cents per
acre ; and of the third quality, at thirty-one cents per acre.
All high river fwamp or low grounds (including iflands) cultivated or uncultivated,
from Fort Argyle to the mouth of Buck-head Creek, on Ogechee River ; of the
flrft quality, at two dollars three cents per acre ; of the fecond quality, at one dollar
eighteen cents per acre ; and of the third quality, at forty-three cents per acre.
All oak and hickory lands as aforefaid, from the mouth of Buck-head Creek to the
head of Ogechee River, of the flrft quality, at one dollar fixty-one cents per acre;
tax. 507
of the fecond quality, at feventy-five cents per acre * and of the third quality, at
forty-three cents per acre.
All high river fwarap or low grounds (including iflands) cultivated or uncultivated,
from the mouth of Buck-head Creek to the head of Ogechee River ; of the firft
quality, at one dollar fixty-one cents per acre; of the fecond quality, at feventy-hve
cents per acre ; of the third quality, forty-three cents per acre.
All high river fwamp, cultivated or uncultivated, (including iflands) from Cat-
head on the River Alatamaha, to the mouth of Oconee River, of the firft quality,
at two dollars thirty-five cents per acre; of the fecond quality, at one dollar eighteen
cents per acre ; of the third quality, at forty-three cents per acre.
All high river fwamp or low grounds as aforefaid, from the mouth of Oconee Ri-
ver along the northern ftream, on the north fide of the Indian temporary line, to the
confluence of the Oconee and Appalachee, or fouth fork, of the firft quality, at three
dollars twenty-two cents per acre ; of the fecond quality, at one dollar fixty-one cents
per acre; of the third quality at forty-three cents per acre.
All high river fwamp as aforefaid, from the confluence of Oconee River and Appa-
lachee River upwards, on the north fide of the Indian temporary line, of the firft
quality, at two dollars fifteen cents per acre ; of the fecond quality, at one dollar
thirty cents per acre ; and of the third quality, at feventy-five cents per acre.
All oak and hickory lands throughout the flate, of the firft quality, at one dollar
eighteen cents per acre; of the lecond quality, at fixty-eight cents per acre; and of
the third quality, at thirty-four cents per acre.
All oak and hickory lands (including iflands) cultivated or uncultivated, above the
flowing of the tide on all rivers, from Cathead on the river Alatamaha, to the river
St. Mary's inclufive, to the marked line aforefaid, of the firft quality, at feventy-five
cents per acre, of the fecond quality, at forty-three cents per acre; of the third
quality, at twenty-one cents per acre.
All lands on the fea iflands or lying on or contiguous to the feafhore, and ufually
cultivated, or capable of cultivation, in corn, indigo, or cotton, of the firft quality, at
four dollars eighty-one cents per acre ; of the fecond quality, at two dollars thirty-five
cents per acre ; and of the third quality, at one dollar eighteen cents per acre.
All other pine lands throughout the ftale at twenty-one cents per acre.
2. And be it enabled by the authority aforefaid, That the fum of thirty-feven and a p „
half cents {hall be levied on all free male white perfons of the age of twenty-one years
and upwards in this ftate, and the fum of thirty-feven and an half cents on all negroes Taxonnegro(3P
and other flaves whatever under the age of fixty years within the limits of the fame;
and the fum or forty cents for every hundred dollars value of every lot, wharf, or
other lands not herein already enumerated, and on all buildings within the limits of
any town, village or borough within the fame, the fum of fifty cents upon all male Onlreeneerot*'
free negroes, mulattoes, and muftizoes, from the age of twenty-one years and up-
wards, over and above the taxable property they may be polfeiTed of; that the fum on stock*
of twenty cents fhall be levied for every hundred dollars value of all perfons ftockin
trade, mop keepers and others, and to be computed at prime coft, and the return to
be made on oath. that the ftock in trade fo returned is the higheft eftimation of the
flock in fuch perfons pofiefiion, at any time not exceeding three months preceding
the time appointed by this law for fuch ftock in trade to be eftimatcd and returned; onpreftMon
thefum of four dollars on all profcffors of law or phyfic, and the fum of fifty do~l-*fc.
lars on all billiard tables, and the fum of four dollars on all factors and brokers; Onfddors>5%
■«l4pa ail foreign wares, liquors^ and merchandize, fold, bargained, or trafficked fur,
l
returns.
$o8 TAX.
by all fuch factors and brokers, the fum of eighteen and three quarter cents on every
hundred dollars, by them fo fold or difpofed of, to be given in upon oath, and the fum
of fifty cents upon every hundred dollars of the funded ftock of the United States to
proviso; be given in by the holders thereof in like manner as fuch (lock in trade. Provided
neverthelefs. That in all cafes of extreme indigence or infirmity the inferior court of
each county fhall be and they are hereby authorized to remit the poll tax upon fuch
indigent or infirm perfons claiming the fame,
©ne receiver to- 3. And be it enacted by the authority aforefaid, That there fhall be one receiver for
foraeich'coun- each county throughout this ft ate, and that the mode of taking the returns fhall be as
Mode of taking follows, the receiver of tax returns in each county fhall give notice to each captain.'s.
diftricTt within the county by advertising in the moil public place of each difiriti the
day and place he will attend to receive the returns of taxable property therefor, and
which notice fhall be given at leafl ten days previous thereto, fuch receiver mall like-
wife attend previous to making his return of defaulters three different days in each
diftrift for that purpofe, which days fhall not be within feven days of each other,
and the commanding officer in each company fhall give to the receiver fo attending a
List of defawi- lift of all the inhabitants liable to pay taxes within his diftrict, on oath or affirmation
te"" to the befl of his knowledge and information, and it fhall be the duty of the receiver
of returns at all times upon perfonal application, to receive the returns not given at
the time and place, fpecially notified, at any time before he makes a digeft of the
whole returns; and he fhall previous to entering on the execution of his duty, take
and fubfcribe an oath or affirmation in the words following, to wit: u I, A. B. do
iolemnly fwear (or affirm) that I will truly and faithfully perform the duties of re-
ceiver of returns of taxable property in the county to which I am appointed as re-
quired of me by this a£t,. and will not receive any return but on oath or affirma-
tion."
Retumstocon- 4. And be it alfo enabled, That all and every perfon liable to pay tax, fhall give
«OT*te* ofaii in the lift of his, her or their taxable property, as well as a lift of every fuch perfon or
tends, &c. r , ', , , J r ■" r .
perions as he, Ihe or they may be attorney or attormes, executor or executors, ad-
miniftrator or adminiftrators for, in the county or counties wherein fuch attorney,
executor or adminiitrator refides, defcribing as near as poflible from the plats, deeds
or other documents, the particular fituation of fuch land, in what county, what
particular water courfes on, and what lands it adjoins; and the receiver of fuch re-
turns fhail make a general digeft, and return the whole of the taxable property re-
ceived as aforefaid, and alfo of the taxable property of non-refidents and defaulters
within his county, and fhall tranfmit three copies, one to the collector of the county,
one to the inferior court, and one to the treafurer, under the penalty of four thou-
iand dollars, including therein his own taxable property, and fhall publifh within
one month thereafter in the gazette the names of the defaulters, under the penalty
of two hundred dollars; and the receiver mall receive two and one half per cent.
on the taxes ariiing from all property returned, and fix and one fourth cents on
*oirfiien'ation eacn return of a poll without property, and it fhall be his duty to tranfmit to the
treafurer and clerk of the inferior court, and collector of taxes, each a copy of fuch
digeft. And that the faid feveral receivers to be appointed by this a£t fhall be paid
by the collectors in their refpechve counties, the fums which fhall become due them
froiriio. for their fervices as allowed by this ad : Provided, That no receiver fhail be allowed or
paid by the collectors before fuch receiver fhall produce a certificate from under the
hands of the clerk of ihe inferior court of fuch county, that fuch receiver is entitled
to fuch fum for his fervices agreeably to this acl; which certificate fuch clerks art
TAX. 509
hereby on application directed to give, and every collector fh all be allowed credits mafe^fgwerJi
for fuch payments in his fettlement with the treafurer, and who is hereby required jto-dlsest'
tranfmit an alphabetical digeft (from the feveral general returns in his office) of all
the lands and other property returned as lying in each county, to the inferior courts
of the refpective counties, to be examined and compared with the returns of fuch
county, for which duty the treafurer fhall be entitled to the fum of five dollars
for each digeft fo tranfmitted, for which fums his excellency the governor is au- ,
thorized to draw a warrant on the treafury, on the treafurer's producing and depo-
fiting in the executive office a receipt for fuch digeft from the clerk of the inferior
court of the county, and in cafe the treafurer fhall fail or neglecf to tranfmit fuch ^transmit
J ' ^ O jc to theseveral
alphabetical digeft on or before the laft day of each year, he fhall forfeit and pay the ^/Yu^m"'
fum of fifty dollars for each digeft not tranfmitted, to be recovered by thejuftices 0fdulUrs-
the inferior court, in any court having cognizance thereof, and applied to the ufe of
fuch county. And it fhall be the duty of each tax receiver to examine the alphabet- Receiver's duty
J J 1 therein
ical digeft fo tranfmitted by the treafurer, and report upon oath all lands and other
property within his diftri6t not returned as aforefaid, and the quality of fuch land, to
the beft of his knowledge and information, to the collector for fuch county; and it
fhall be the duty of fuch collector to proceed to collecl the taxes due thereon in the
fame manner as if fuch property had been returned under this act.
5. And be it further enacted, That the receivers and collectors of tax for the re- caueson «-
fpective counties, to be appointed by virtue of this aft, fhall be refponfible to the executive? thc
executive department, and be amenable to fuch rules in concluding the duties of their
refpective offices as the executive may think neceffary and proper. The collectors shaUglveb0I}(.
of the refpe£tive counties, before they enter on the duties of their office, fhall give andsecuril:y-
bond with fufficient fecurity, as follows: for thecounty of Chatham, in the fum of
twenty thoufand dollars; for the county of Camden, in the fum of four thoufand
dollars; for the county of Glynn, in the fum of two thoufand dollars; for the coun-
ty of M'intofh, in the fum of five thoufand dollars; for the county of Liberty, in
the fum of five thoufand dollars; for the county of Bryan, in the fum of three thou-
fand dollars; for thecounty of Effingham, in the fum of two thoufand dollars; for
the county of Scriven, in the fum of two thoufand dollars; for the county of Burke,
in the fum of five thoufand dollars; for the county of Montgomery, in the fum of
two thoufand dollars; for the county of Wafhington, in the fum of four thoufand
dollars; for the county of Warren, in the fum of four thoufand dollars; for the
county of Hancock, in the fum of four thouiand dollars; for the county of Greene,
in the fum of fivethoufand dollars; for thecounty of Richmond, in the fum of eight
thoufand dollars; for thecounty of Columbia, in the fum of fix thoufand dollars;
for the cou-nty of Wilkes, in the fum of ten thoufand dollars; for the county of
Oglethorpe, in the fum of eight thoufand dollars; for the county of Elbert, in the
fum of five thoufand dollars; for the county of Franklin, in the fum of four thou-
fand dollars; for the county of Jackfon, in the fum of three thoufand dollars; for
the county of Bullock, in the fum of two thoufand dollars; for the county of Lin-
coln, in the fum of three thoufand dollars; for the county of Jefferfon, in the fum
of three thoufand dollars: and fhall alio take and fubferibe the following oath or af-
firmation, to wit: " I, A. B. appointed collector of tax for the county of »rathtakct$*
do folemnly fwear, that I will faithfully difcharge the duty required of me by law."
And in cafe of the death, refufal or neglect of any collector to enter into fuch bond, vaamt^
or take fuch oath, then his excellency the governor is hereby authorized and required
\o appoint fome other perfon willing to accept the fame; on the qualification afore-
eolleftors'
bends, how to
be t.iken.
piade oi) o.uk
B^rni thereof
510 TAX.
faid, who fhall attend in each diftrict of the county to receive fuch tax, and fhall pre-
vioufly give at leaft ten days' notice thereof; and if he fhall prefume to execute the
faid office without the qualification aforefaid, he ihall forfeit double the fum for each
perfon's tax he fhall receive, to be recovered by any perfon who fhall jnforra and pro-
fecute for the fame, in any court or tribunal having cognizance of debts to that
amount.
6. And be it further enacted, That the governor for the time being fhall take bond
and fecurity of the collectors of each county refpectively, in conformity to this acl,
for the due performance of all the duties required of them, and fhall tranfmit a dedi-
musto the juftices of the inferior court of the feveral counties, or any two of them,
to receive and caufe to be executed fuch bond with two or more fecurities, to be ap-
proved of by fuch juftices, which bend fhall be forthwith tranfmitted by them to the
treafury office.
Retumstobe 7. And be it further enacted by the authority aforefaid, That all perfons whatfoever
who are poffelled of any lands granted to or furveyed for them, or of any other per-
fon or perfons, or of fiaves or carriages, either in their own right or of any other per-
fon or perfons whatfoever, or are liable to pay any other tax by virtue of this atr,
fhall, on or before the fir ft day of May next, render a particular account thereof,
on oath, in writing, fetting forth in what county fuch lands and fiaves are, to the
belt of his, her or their knowledge, to the receiver of the county wherein fuch per-
fon refides, at fuch time and place as the receiver of fuch county fhall appoint for
the doing thereof, fo that the fame be done on or before the firft day of May afore-
faid, which oath or affirmation fhall be in the words following, viz. '■' I, , do
fwearor affirm (as the cafe may be) that the account which I now give in is ajuft
and true account of all the taxable property which I wTas poflefied of, held or claim-
ed on the firft day of January lad, or was interested in or entitled unto, either iir-my
own right or the right of any other perfon or perfons whatfoever, as parent, guar-
dian, executor, adminiftrator, agent or truftee, or in any other manner whatever,
according to the beft of my knowledge, information and belief; and that I will give
a juft and true anfvver to^all lawful queftions that may be afked me touching the
fame, and all this I declare without any equivocation or mental refervation whatever.
So help me God." Which faid oath or affirmation the receivers of tax returns for
the feveral counties arehereby refpectively authorized to adminiftcr gratis.
penalty for re- 8. And be it further enabled, That if any perfon or perfons fhall neglect or refufe
retu"n or giv- to give in a return of his, her or their taxable property, or fhall be convicted of
fraud, or of making a falfe return thereof, he, fhe or they fhall be liable to pay to
the clerk of the inferior court of the county a fine often dollars for every hundred
dollars' valuation fo neglected or concealed, one half whereof for the ufe of the
county, under the directions of the inferior court, and the other half to the ufe of
the informer or informers,
Attomies, trm- 9. And be it enacted, That all attornies or truflees of or for any perfon or perfons
mtke returns, living without the limits of this ftate, (hall make true returns as aforefaid in the dif-
andj-ay the tJX • r\ i • r 1 -i r 1 1 1 r 1
imposed by this trifct wherein iuch attorney or truttee reiides, ana that luch attorney or attornies,
trullee or truftees, fhall be fubje£t and liable to pay the tax to become 6\xe by this
aft, or which may be due by virtue of any former tax act or acts, for fuch land or
lands, Have or fiaves, out of his, her or their own proper eftate, notwithstanding
fuch attorney or attornies, truftee or truftees, may renounce or difclaim acting as
ufekuu^aa fucn Derore the faid taxes are levied, unlefs fuch attorney or attornies, truftee or truf-
wti»' tee3, fhall make oath before the receiver aforefaid. that he or they hath or have re-'
TAX. 511
nounced fuch trail or attorney fhip before the payment of fuch tax become clue, with-
out having done it only with defign to avoid the payment thereof: Provided always, proviso.
That if fuch attorney or attornies, truftee or truftees, fhall, within one year next
after making fuch oath, again become attorney or attornies, truflee or truftees, or
act as fuch, he or they mail be liable to pay the faid tax as herein directed, any thing
herein contained to the contrary notwithstanding; and for levying whereof the fame
remedy (hall be and is hereby given as for levying the tax to become due by virtue of
this a6i, on the proper eftate or eftates of fuch attorney or attornies, truftee or truftees,
or other perfon or perfons afting as fuch.
10. And be it further enacted by the authority af ore/aid, That in cafe any land orSSfeS Vt
other taxable property mall be found by the receivers to belong to any perfon or per- S*b??w£3£
fons reading without the limits of this ftate, and who have no attorney or attornies, edaaamst"
truftee or truftees, legally conftituted in this ftate, or which have not been returned
to any receiver appointed to the county where fuch lands are, then and in fuch cafe
the receivers fhall be, and they are hereby authorized and required to charge the faid
lands and other property for the payment of the tax impofcd thereon, and alfo for all
the taxes due thereon by any former tax act, and forthwith, once in each month, to
publifh and give notice of fuch charge or affeflment in the gazette; and in cafe of
non-payment of fuch taxes within fix months, the faid lands and other property fhall
be thereafter liable to double tax, and to be proceeded again ft by attachment in a fum- Double tax.-
inary way by the collector, in the manner of diftrefs and fale, and to make titles to
the perfon or perfons purchafing the fame, and to pay the money, lawful charges only
to be deducted, into the treafury.
11. And be it enabled by the authority afore/aid, That all perfons whatfoever who ZteLl\Vl£ni
are p off e fled of any lands or flaves in this ftate, in his or their own right, or inthepaki-
right of any other perfon, or any ways liable to pay tax by virtue of this or any other
act, fhall pay in their taxes to the collectors that may be appointed to receive the fame
in the manner herein after directed, on or before the firft day of December next, and
the respective collectors' receipts fhall be held and taken as fatisfaBory • and if on the
faid firft day of December, any perfon or perfons fhall be in default, the collector
of the county where fuch default fhall happen, fhall immediately proceed againft fuch
defaulter by diftrefs and fale, after due notice given of fuch fale, which in no cafe
fhall be lefs than twenty days' advertifement in one of the public gazettes of the ftate, Goodsand
. • chattels to bs
and ftatins the amount of the afleffment levied or tax due by fuch perfon or perfons, levied on, if
o * r £ ' to he found; if
of goods and chattels, if any to be found, otherways on the lands of fuch defaulter not the lands;
O > 1 f r 1 r j on tweSity_days*
or defaulters, or fo much thereof as will pay the amount of the taxes due, with colts, nPJj,c^.beins
and in all fuch cafes to make titles to the purchafers of the property fold as aforefaid;
and the faid collectors respectively fhall, on or before the firft day of February, in
the year of our Lord one thoufand feven hundred and ninety-feven, clofe their ac-
counts and deliver the fame to the treafurer for the time being, and, after deducting
five per cent, on all fuch taxes as they (hall receive, pay the remainder to the treafii- tiwiaudtob*
*■ J , l J , fold as v. ill pay
rer. And the tax collectors fhall, at all fales of land for taxes, firft offer fuch part the tax.
of fuch lands for fale as may be reafonably expected to produce the amount of tax
clue by the owner thereof; and if he fhall not have a bid for fuch part of the laid
lands., he may then offer a larger quantity, until he can produce bids to the amount
of the taxes due; and that.no fale of lands heretofore or hereafter made by tax col-
lectors of n>ore than one tract or grant belonging to or fold as the property of one
perfon, or one company or fociety of perfons, where fuch tract: firft fold fhall
haye produced or amounted to the taxes due by fuch perfon; or on all the lands re-
h l ■*
1A,
turned or rcprefented as the property of fucli per fun or perfons, (hall be deemed or
confidcred valid, but fucli Tales are hereby declared to be null and void.
Pfnpertv no* 12. A id he. it further enabled, That when any of the faid receivers of returns or
i todoubte" collectors of taxes, (hall or may difcoyer that .any land, or fiaves, or other taxable
property, hath not been returned as in this aft pointed out, he or they fliali fummons
three freeholders, refidertts of the diftrift where fuch lands may lie or properly be, to
afcertain the value of fuch lands or other property, and double the tax thereon, for
which amount the collector is hereby empowered and required to levy, fell and con-
vey in the manner herein already mentioned: Provided always never thelefs, That all
lands or other property veiled in commiliioners or truftees for public ufes fhall not
Bcoyiso. come within the purview of this aft: And provided alfo, That no fale which fliali be
made under this aft of the property of orphans (having no guardian or truftee) (hall
have any e fie ft.
13. A ad whereas, It has happened, and may frequently happen, that between the
day of receiving the return and the day appointed for the payment of the faid tax, ma-
ny pcrfonshave left the diftrict in which they rende, and have been returned by the
Tt. ,U.,[S> collectors as in fol vents who had no property upon which the collectors could levy and
diftrain: Beit therefore enabled by the authority aforefaid, That the collectors in any
county fhall be obliged to lay before the grand jury of each county a lift of fuch in-
solvents as may be in fuch county or counties on oath, who fliali allow ordifatlow
the fame.
Ti-.-staxtobe 14. And be it enabled by the authority afore/aid, That the taxes impofed by this act
wcumbran°ce5.' fhall be preferred to all fecurities and encumbrances whatever, and that in cafe any per-
fon or perfons coming under the notice of this act fliali die between the time of eivin^
in his, her or their returns to the receiver or receivers reflectively, and the paying of
his, her or their tax, and any .goods or chattels of the deceafed, to the value of the
fum taxed fliali come into the hands of his, her or their executors or adminiftrators,
k.IT&c^'"' or executors in their own wrong, fuch executors or adminiftrators fliali pay the fame
by the time before limited, prior to all judgments, mortgages or debts whatfoever,
or otherwife a warrant of execution fhall iffue againft the proper goods and chattels
personsabont 0f fuch executor or adminiftrator : and if any perfon or perfons, between the time
of rendering the account of his, her or their eftate to the receiver aforetaid, ana the
time of his, her or their paying in the faid tax, fliali be about to depart the county
in which he, fhe or they may have immediately then preceding refided, the faid col-
lector or collectors is and they are hereby direfted and required forthwith to levy the
fame, notwithstanding the day of payment may not then have arrived, unlefs fuch
perfon or perfons fliali and do find fecurities, to be approved of by the faid colleftor
or collectors refpeftively, for the payment thereof at the day herein appointed.
SSte'tfwadc 15- -And be it further enabled, That all deeds of gift, conveyances, mortgages,
fales and alignments of goods, lands, tenements and chattels of any kind, of any
perfon or perfons whatfoever, made with an intention to avoid paying the aforefaid
tax, are hereby deemed and declared null and void : And in cafe any perfon who has
mortgaged his eftate, real or perfonal, (hall refufe or negleft to pay the tax of the
fame, the mortgage fhall be liable to pay the fame; Provided, That no fale for taxes
under this aft fliali tend to affeft the ftate title to any property mortgaged or fecured
thereto.
wuagarnsst° 16. And be it further enabled by the authority aforefaid, That the treafurer for the
time being be, and he is hereby empowered and required to grant executions againft
all former colleftors of taxes who are or may be defaulters immediately after the paf-
»ti* tax — void.
prcTi<.«.
TAX. 6*3
fmg of this a&, and he is hereby required and directed to proceed and prepare the
form of a general return to be made by the refpeftive receivers of tax returns to be ap-
proved of by the governor, and tranfmitted by the treafurer without delay to the
aforefaid officers.
17. And be it Further enacted, That where the collector of the county finds no pro- Property out»r
' c r • r l J ? • r the county,
perty real or perfonal therein or perfons in arrear to iatisty the tax due by virtue ormayu-jsohi.
this or any former tax aft, fuch collector is hereby authorized and empowered, to fell
fo much of the property of the perfoii neglefting to pay as aforefaid, as may be filtr-
ate in any other county or counties as will fatisfy the laid tax, and arrears of tax as
aforefaid, without further notice than his giving twenty days' previous publicity of
fuch fale, by advertifement in one of the gazettes of this ftate, and the collectors mail
be allowed the fum of fifty cents for each execution levied, and five per cent on all
amount of fales.
18. And be it alfo enacted, That every perfon or perfons, refufing or neglefting toFena!tTforra»
give in a lift of his her or their taxable property agreeably to the directions of this a6t\ g"v«|i %»a,
fhall forfeit and pay for every fuch neglect the fum of one dollar for every free male
perfon above the age of twenty-one years, the fum of one dollar for every negro ; the
fum of eighty cents on every hundred dollars value of every lot, wharf or other
lands not therein already enumerated, and on all buildings within the limits of any
town, village or borough, within the fame, to be paid by the mafter or owner there-
of, and to be recovered by bill, plaint, or information before any court of record;
the one half thereof to go to the informer and the other half to the ufe of the coun-
ty where fuch information is made, except where the profecution is carried on by pre-
sentment, and in that cafe the whole mall be applied to the ufe of the county : Provi- &#&*
ded always, That fuch information or prefentment be within twelve months after fuch
neglect or default.
19. And whereas divers perfons non-reridents of this ftate import large quantities
of goods, wares, and merchandize, and evade the payment of taxes by not being in
this ftate at the time ufually prefcribed for making returns for taxes, for remedy
whereof: Be it enacted? That any non-refident who fhall expofe to fale any goods inTaxonnafl-
this ftate, fhall on his arrival or within feven days after entering the fame make re» {Sgi^r&e.
turn on oath to the receiver of taxable returns and give fecurity to the tax collector"11 ldsU<
to pay the fame on or before the time prefcribed for paying taxes impofed by this
aft : Provided That fuch goods fhall not be liable to pay the tax, when they may bePT0Ti'**
exported or placed on the hands of a vendue mafter to be actually difpofed of by him
or them, and on failing to comply as aforefaid, it (hall and may be lawful for the tax
collector to proceed againft him or them in like manner as againft perfons about to
remove out of the county.
20. And be it further enacted, That it fhall be the duty of the judges of the fuDeri-
* ul_ ■- r \ r 1 • ' 1 f. ■A.- ?i rn ,, Defaulters to be
or courts at tneir next term, alter the returns of the receiver of taxable property fhall presented br
have been made agreeably to this aft, to give it in charge to the grand juries of the1.62™1 Jmt"
feveral counties, that they do prefent all fuch perfons as "may be defaulters under this
aft, Provided neverthelefs, That where any perfon or perfons who may be a default- ProtWfc
er, fhall before any information or prefentment be made againft him or them go to
the clerk of the fuperior court of his county, and give in a lift of his property upon
oath, in the fame manner as ought to have been given to the receiver, fuch perfon
or perfons mall be exonerated from the pains and penalties of this aft \ and each per-.
fon fhall pay to fuch clerk for taking fuch lift the fum of fifty cents, and every fuck
3 T
SM TAX.
clerk fhall return to the collector of his county on or before the firftday of Decem-
ber one thoufand feven hundred and ninety-fix a true lift of fuch property, and al-
io tranlmitto the treafurer a return thereof, on or before the firft day of February
following.
Taxtq^epaid And be it enabled by the authority aforefaid. That the tax impofed by this a6l fhall
No'repievin, be paid and collected in fpecie, and nothing elfe ; and no replevin fhall lie or other
judicial interference be had in any levy of diftrain for taxes under this law, but that
the party injured be left to his proper remedy in a court of law.
21. And whereas many of the perfons appointed by the lafi legiflature in the ref-
pettive counties to receive returns of taxable property of fuch county did not ac-
cept their appointments, or failed to perform the duties thereof, by reafon whereof
no returns have been made from many diftrictsin fome counties, and in others from
no diftrict therein, for the year 1795, and in confequence thereof, no tax has been
collected from fuch diilricts and counties ; and it is juft and neceffary that every indi-
vidual of the community fhould contribute his proportion of the means for the fup-
Recewwap- port of government : Be it therefore further enacted, That the receivers to be ap-
Sft°o1iiwr*ls pointed by virtue of this act, in all fuch diftrifts and counties where no returns of
wherethcy95 taxable property have been made for the year 1795 as aforefaid, be and they are
teTen?utteen hereby directed to require of the inhabitants of fuch diftricts on oath a lift of the
taxable property each of them were poffeffed of at the time when the returns ought
to have been given in to the receivers appointed under and by virtue of the tax law
for that year, which lifts fuch receivers {hall keep feparate from the tax returns to be
made by virtue of this afl ; and mall return the fame to the treafurer together with
ihe general return to be made under this afl, and fuch receivers (hall have and re-
ceive for their trouble, fuch allowance as is by this act allowed for receiving the gene-
ral returns, and every perfon neglecting or refilling to give in fuch lift, fhall be re-
turned a defaulter, and fhall be fubject to all the pains and penalties as other perfons
neglecting or refuting to give in their returns under this act, and mall be recovered in
proviso, manner herein after pointed out for default under the prefent act. Provided never-
thelefs, That where it fhall be fhewn fatisfactory to the receiver that any perfon or
.perfons have given in their return of taxable property for the aforefaid year, in fuch
cafe, fuch perfon fhall not be compelled to give in his or her return again ; and that
the collectors of the refpective counties where fuch neglects have happened fhall re-
ceive and account with the treafurer for the aforefaid arrearages, in the fame manner
as for the tax impofed by this act.
22. And whereas in and by the tax law for the year 1795 aforefaid, it is enacted
that the returns for all lands mall be made and the taxes paid in the county wherein
fuch land is fituate, which tends to deprive the date of a very confiderable part of
her revenue and it is likewife calculated to incommode and harrafs the citizens there-
of unnecefTarily, and to fubjeft them to the lofs of their property without having
fnheKa been intentionally defaulters, Be it therefore enacted, That fo much of the aforefaid
jutoi?5' re" aft as is before recited, relative to returning lands in the county where they lie, is here-
by repealed, and the owners of all lands or their agents, guardians, or truftees, lying
out of the county wherein fuch perfon refides may make returns of all fuch lands isi
the county where they re fide, and pay the tax due thereon for the year 1795 afore-
faid, in manner and form herein before prefcribed for perfons refiding in any county
or diftri£t for which the receiver or receivers have not acled as aforefaid, and fuch re-
ceivers are required to receive the fame and the collectors to collect the taxes due there-
on in manner before mentioned; and any fale of lands lying out of the county whereto
TAX. $i$
fuch owner or owners refides, or fucli attorney, guardian, or trufiee refides, under
and by virtue of the a£t 1795 aforefaid, is declared null and void; provided the ow-
ner or owners fhall within four months after the palling of this ad return fuch lands
and pay the taxes due thereon for the faid year 1795, in manner herein before pre-
ferred.
23. And be it further enabled, That the fum of ten dollars fhall be levied on all?«£ef|»M
negroes brought into this ftate by fea, for fettlement or fale, except fuch as may be .*" siiU:-
brought in by emigrants from any other part of the United States for fettlement, to be
paid to the tax collector of the county within which fuch negroes may arrive, within the
[pace of twenty days after fuch arrival, and a return of which negroes fhall be made
to the receiver of tax returns of the county within five days after fuch arrival, fpeeify-
ing the number and fexes of negroes fo imported, and in cafe of neglect or refufal
to make fuch returns or payment, the faid negroes fhall be and are hereby declared to
be forfeited to and for the ufe of the ftate, and fuch tax collector is hereby authori-
zed and required to fell and difpofeof fuch negroes, and to lodge the amount of fales
thereof in the treafury. Provided, That the tax collectors appointed by virtue of thispr07i*
act fhall not be entitled to receive more than one per cent, on the tax impofed by this
act on negroes brought into this ftate by fea, nor the receivers of tax returns more
than one half per centum on the amount of fuch tax, and fuch collectors fhall quar-
terly account for and pay into the treafury all monies fo by them received for fuch
tax.
24. And provided alfo, That nothing in this acl: fhall be conftrued to impofe ataxpnmi..
of ten dollars on negroes brought into this ftate actually belonging to the veffels bring-
ing them as mariners.
25. And be it further entitled by the authority aforefaid, That any receiver making penalty for re-
a falfe return expreffive of more, or other than is to him given in, fhall forfeit and faue%etuMi."c
pay to the party aggrieved a fum equal to double the amount of the tax on the prop-
erty fo illegally returned; and any collector demanding any other or more tax tharipeniItyforMl.
by this a£t is impofed according to the refpe&ive returns, fhall forfeit and pay to thelcd
party aggrieved, for every fuch offence four fold on the fum fo unlawfully received,
to be recovered before any jurifdiftion having cognizance thereof: And it fhall be the
duty of the fheriffs of the refpeftive counties to execute all executions and other pro-
cefs iffued by the treafurer againft officers appointed by this a6l, under and by virtue
of the fame.
THOMAS STEPHENS, Speaker of the Houfe of Reprefentatives,
BENJAMIN TALIAFERRO, Prefident of the Senate.
Concurred February 22, 1796.
JARED IRWIN, Governor.
ing raoiC t!u*
due.
In act to raife a tax for the fupport of government for the year one thouf and f even hun-
dred and ninety feven.
E IT ENACTED by the Senate and Houfe of Reprefentatives of the fate o/Vax <m fe«*s.
Georgia in General Affembly met, and it is hereby enaEed by the authority
thereof That a tax of thirty-five cents, for every hundred dollars value, on all lands
$i6 , TAX.
within this date, granted to or furveycd for any perfon, as fuch lands fnall be eftl-
rnated at, fhall be levied on the fame in the following mode, to wit :
All tide fwamp, (cultivated or uncultivated) including iflands, of the firft quality, at
ten dollars thirty-nine cents per acre; of the fecond quality, at fix dollars forty-
three cents per acre ; and of the third quality, at one dollar feventy-feven cents per
acre.
^All pine lands adjoining fuch tide fwamp lands or contiguous thereto, and within
three miles of water-carriage, at one dollar fixty-one cents per acre : all prime in-
land fwamps (cultivated or uncultivated) of the firft quality, at an average of feven
dollars feventeen cents per acre j of the fecond quality, at three dollars ninety-feven
cents per acre ; of the third quality, at one dollar fixty-two cents per acre.
All pine barren lands adjoining or contiguous thereto, at forty-three cents per acre.
All fait mar fh, at forty -three cents per acre.
All high river fwamp and low grounds, (cultivated or uncultivated) including iflands,
including fuch as are commonly called fecond low grounds, lying above Abercorn
Creek, and as high as the mouth of M'Bean's Creek, on Savannah River, of the
firft quality, at five dollars thirty-fix cents per acre; of the fecond quality, at three
dollars twenty-two cents per acre; and of the third quality, at one dollar fixty-one
cents per acre.
All high river fwamp as aforefaid, lying above M'Bean's Creek, and as high as the
mouth of Rae's Creek, of the firft quality, at eight dollars three cents per acre;
of the fecond quality, at five dollars and thirty-fix cents per acre; and of the
third quality, at two dollars thirty-five cents per acre.
All high river fwamp as aforefaid, from the mouth of Rae's Creek to the mouth of
Broad River, lying on Savannah River, of the firft quality, at four dollars eight-
een cents per acre; of the fecond quality, at two dollars thirty-five cents per acre;
of the third quality, at feventy-five cents per acre.
AH oak and hickory lands (cultivated or uncultivated) including iflands, from the
mouth of Rae's Creek to the mouth of Broad River, and within one mile of Sa-
vannah R.iver, of the firft quality, at one dollar fixty-one cents per acre; of the
fecond quality, at feventy-five cents per acre; and of the third quality, at forty-
three cents per acre.
All oak and hickory lands (including iflands) cultivated or uncultivated, from the
mouth of Broad River, up the Savannah River, and within one mile of the fame,
and up Tugalo River to the marked line on the faid ftream, of the firft quali-
ty, at one dollar and eighteen cents per acre; of the fecond quality, at fixty-eight
cents per acre; and of the third quality, at thirty-one cents per acre.
All oak and hickory lands (including iflands) cultivated or uncultivated, from the
mouth of Broad River to the marked line on the head thereof, of the firft quali-
ty, at one dollar eighteen cents per acre; of the fecond quality, at fixty-eight
cents per acre; and of the third quality, at thirty-one cents per acre.
All high river fwamp or low grounds (including iflands) cultivated or uncultivated,
from Fort Argyle to the mouth of Buck-head Creek on Ogechee River, of the
firft quality, at two dollars three cents per acre; of the fecond quality, at one dol-
lar eighteen cents per acre; and of the third quality, at forty-three cents per acre.
All oak and hickory lands aforefaid, from the mouth of Back-head Creek to the head
of Ogechee River, of the firft quality, at one dollar fixty-one cents per acre; of
the fecond quality at feventy-five cents per acre; and of the third quality, at forty-
three cents per acre.
TAX, 51
All hicrh river fwamp or low grounds (including iflands) cultivated or uncultivated,
from the mouth of Buck-head Creek to the head c>f Ogechee River, of the firft
quality at one dollar fixty-one cents per acre; of the fecond quality, at feventy-five
cents per acre ; and of the third quality, at forty-three cents per acre.
All high river fwamp (cultivated or uncultivated) including iflands, from Cathead,
on the river Alatamaha, to the mouth of Oconee River, of the firft quality, at two
dollars thirty-five cents per acre; of the fecond quality, at one dollar eighteen
cents per acre; of the third quality, at forty-three cents per acre.
All high river fwamp or low grounds as aforefaid, from the mouth of Oconee Ri-
ver,- along the northern ftream on the north fide of the Indian temporary line, to
the confluence of the Oconee and Appalachee or fouth fork, of the firft quality,
at three dollars twenty-two cents per acre; of the fecond quality, at one dollar fix-
ty-one cents per acre; of the third quality at forty-three cents per acre.
All river fwamp as aforefaid, from the confluence of Oconee River and Appalachee
upwards, on the north fide of the Indian temporary line, of the firft quality, at
two dollars fifteen cents per acre; of the fecond quality, at one dollar and thirty
cents per acre; and of the third quality at feventy-five cents per acre.
All other oak and hickory lands throughout this ftate, of the firft quality, at one dollar
and eighteen cents per acre; of the f'ecoad quality, at fixty-eight cents per acre;
and of the third quality at thirty-four cents per acre.
All oak and hickory lands (including iflands) cultivated or uncultivated, above the flow-
ing of the tide on all rivers from Cathead, on the river Alatamaha, to the river St.
Mary's, inclufive, to the mr. ■ ifore! \ the in't quality, at feventy-five
cents per acre; of the fecond cents per acre; of the third
quality, at twenty-One cents pet
All lands on the fca iflands or lyin s to the feafhore, ufually culti-
vated or capable o! m cotton,, of the firft quality, at
four dollars eighty-one :ond quality, at two dollars thir-
ty-five cents per acre, and qj , at one dollar eighteen cents per
acre.
All other pine lands throu; , -one cents per acre.
2. And be it enaHed by tht . . ' That the liim of thirty-one and ap.
quarter cents fhall be levied white perfons of the age of twenty-one
years and upwards in this fta is (urn of thirty-one and a quarter cents on
all negroes and other ilaves whatever, under the age of fixty years, within the
limits of the fame; and the fum of thirty-one and a quarter cents for every hun>£™«.
dred dollars value of every lot, wharf or other lands not herein already enume-
rated, and on all buildings within the limits of' any town, village or borough
within the fame; the fum of fifty cents upon all male free negroes, mulattoes and
muftizoes, from the age of twenty-one years and upwards, over and above the tax-
able property they may bepoffeffed of; that the furn of twenty cents fhali be levied
for every hundred dollars value of all perfons' flock in trade, fhopkeepers and others,
and to be computed at prime coft, and the return to be made on oath that the ftock
in trade fo returned is the higheft eftimation of the ftock in fuch peifon's pofleffion,
at any time not exceeding three months preceding the time appointed by this law for
fuch ftock in trade to beeftimated and returned; the fum of four dollars on all pro-
feffors of law and phyfic; and the fum of fifty dollars on all billiard tables; and the
fum of three hundred dollars on every EO table, or other inftrument of the like
conftruclion for the purpofe of gambling; that the tax impofed on EO and billiard
And tax on as-
fii8 TAX.
tables may be levied and collcfled at any time after the palling of this aft, wherever
fuch tables may be found; and every tax collector is hereby required to proceed im-
mediately againft perfons keeping fuch tables; as is directed in cafes of non-payment
of taxes on other property; and the fum of four dollars on all faclors and brokers,
and on all foreign wares, liquors and merchandize, fold, bargained or trafficked for
by all fuch faftors and brokers; the fum of eighteen and three quarter cents on every
hundred dollars by them fo fold or difpofed of, to be given in upon oath; and the
fum of fifty cents upon every hundred dollars of the funded flock of the United
States, to be given in by the holders thereof in like manner as (lock in trade : Pro-
vided neverthelejs, That in all cafes of extreme indigence or infirmity, the inferior
court of each county fliall be, and they are hereby authorized to remit the poll tax
upon fuch indigent or infirm perfons claiming the fame.
toxr«eurn0sfto 3* ^n^ ^e ^ enacted by the authority afore/aid, That there fliall be a receiver for
bsor7hclc^cc. eacn county throughout this flate, and the mode of taking the returns fliall be as
tivceounues. f0nGWS : The receiver of tax returns in each county fliall give notice to each captain's
diftricl; within the county, by advertifing in the moft public place, of each diftricl; the
Mannfrofrc dav and place he will attend to receive the returns of taxable property therefor; and
«f iving re- • '. . . » ■ ' »
sum*. which notice fliall be given at'leaft ten days previous thereto; fuch receiver fliall likewife
attend previous to making his return of defaulters, three different days in each diftricl:
for that purpofe, which days fliall not be within feven days of each other ; and
the commanding officer in each company fliall give to the receiver fo attend-
ing a lift of the inhabitants liable to pay taxes within his diftricl;, on oath or af-
firmation, to the beft of his knowledge and information, under the penalty of thirty
dollars in cafe of failure, to be recovered before any jufticeof the peace within the
county, one half to the perfon fuing for the fame, the other for the ufe of the poor
of fuch county. And it fliall be the duty of the receiver of returns at all times, up-
on perfonal application, to receive the returns not given at the time and place fpecially
notified, at any time before he makes a digeft of the whole returns; and he fliall, pre-
vious to entering on the execution of his duty, take and fubferibean oath or affirma-
a ''tion in the words following, to wit: " I, A. B. do folemnly fwear (or affirm) that I
will truly and faithfully perform the duties of receiver of returns of taxable property
in the county to which I am appointed, as required of me by this aft, and will not
receive any return but on oath or affirmation."
tfcftpftw&Me 4. And be it alfo enacted. That all and every perfon liable to pay tax fliall give in.
the lift of his, her or their taxable property, as well as a lift of every fuch perfon or
perfons as he, flie or they may be attorney or attornies, executor or executors, ad-
miniftrator or adminiftrators for, in the county or counties wherein fuch attorney, ex-
ecutor or adminiftrator refides, defcribing as near as pofuble, from plats, deeds or
ether documents, the particular fituation of fuch land, in what county, what parti-
cular water courfe on, and what lands it adjoins, for whom furveyed or to whom
SU&efi"*1'" granted ; and the receiver of fuch returns fliall make a general digefl, and return the
whole of the taxable property received asaforefaid, and alfo of the taxable property
of non-refidents and defaulters within his county, and fliall tranfmit three copies, one
to the colleclor of the county, one to the inferior court, and one to the treafurer ; and
that the faid tax receivers do deliver the aforefaid three copies, to wit, to the colleclor
and clerk of the inferior court, on or before the fifteenth day of July next, and to
the treafurer, on or before the firft day of Auguft thereafter, under the penalty of
Perpetuity one thoufand dollars for each offence, including therein his own taxable property"
tmww, and fliall publifli within one month thereafter in thegazette the names of the defaul-
TAX. 519
ters, under the penalty of two hundred dollars; and the receivers fhall receive two under penalty
and one half percent, on the taxes ariling from all property returned, and fix anddoiuru».mn rc
one fourth cents on each return of a poll without property ; and it fhall be his duty to
tranfmit to the treafurer, and clerk of the inferior court, and collector of taxes, each
a copy of fuch digeft. And that the faid feveral receivers to be appointed by this their compw-
act fhali be paid by the collectors in their refpective counties, the fums which fhall be- ^
come due them for their fervices as allowed by this aft : Provided, That no receiver
fhall be allowed onpaid by the collectors before fuch receiver fhall produce a certifi-
cate from under the hands of the clerk of the inferior court of fuch county, that
fuch receiver is entitled to fuch fum for his fervices agreeable to this act; which cer-
tificates fuch clerks are hereby on application direBed to give; and every collector
fhall be allowed credits for fuch payments in his fettlement with the treafurer, who is
hereby required to tranfmit an alphabetical digeft (from the feveral general returns in
his office,) of all the lands and other property returned as lying in each county, to the
inferior courts of the refpective counties, to be examined and compared with the re-
turns of fuch county; for which duty the treafurer fhall be entitled to the fum of five Tre<lsurert-
dollars for each digeft fo tranfmitted, for which fums his excellency the governor is i^f0firveex^:
authorized to draw a warrant on the treafury, on the treafurer's producing and depo- iurn!.said re~
firing in the executive office a receipt for fuch digeft from the clerk of the inferior
court of the county; and in cafe the treafurer fhall fail or neglect to tranfmit fuch
alphabetical digeft on or before the laft day of each year, he fhall forfeit and pay the
fum of fifty dollars for each digeft not tranfmitted, to be recovered by the juftices of
the inferior court, in any court having cognizance thereof, and applied to the ufe of
fuch county. And it fhall be the duty of each tax receiver to examine the alphabet-
ical digeft fo tranfmitted by the treafurer, and report upon oath all lands and other
property within not returned as aforefaid, and the quality of fuch land, to the beft
of his knowledge and information, to the collector of fuch county; and it fhall be
the duty of fuch colleftor to proceed to collect the taxes due thereon, in the fame
manner as if fuch property had been returned under this act, and fhall be accounta-
ble for the fame to the treafurer.
5. And be it further enacted, That the receivers and collectors of tax for the ref- Receivers and
pective counties fhall be refponfible to the executive department, and be amenable to acponS?bTtoe~
fuch rules in conducting the duties of their refpective offices, as the executive may thcSuS1 toe*
think neceffary and proper. The collectors of the refpective counties before they fdcumyf a,ld
enter on the duties of their office fhall give bond with fufficient fecurity, as follows :
For the county of Chatham, in the fum of twenty thoufand dollars .; for the coun-
ty of Camden, in the fum of four thoufand dollars ; for the county of Glynn, in the
fum of two thoufand dollars; for the county of M'Intofh, in the fum of five thoufand
dollars ; for the county of Liberty, in the fum of five thoufand dollars ; for the county
of Bryan, in the fum of three thoufand dollars ; for the county of Effingham, in
the fum of two thoufand dollars; for the county of Scriven, in the fum of two thou-
fand dollars; for the county of Burke, in the fum of five thoufand dollars; for the
county of Montgomery, in the fum of two thoufand dollars ; for the county of
Washington, in the fum of four thoufand dollars; for the county of Warren, in the
fum of four thoufand dollars; for the county of Hancock, in the- fum of four thou-
fand dollars; for the county of Greene, in the fum of five thoufand dollars; for the
county of Richmond in the fum of eight thoufand dollars; for the county of Co-
lumbfe, in the fum of fix thoufand dollars ; for the county of Wilkes, in the fum of
ten thoufand dollars ; for the county of Oglethorpe, in the fum of eight thoufand
TEhciroath.
■Vacancies.
The go+erncT
520 TAX.
dollars j for the county of Elbert, in the fum of five thoufand dollars j for the couri*
ty of Franklin, in the fum of four thoufand dollars; for the county of Jackfon, in
the fum of three thoufand dollars ; for the county of Bullock, in the film of two
thoufand dollars; for the county of Lincoln, in the fum of three thoufand dollars;
for the county of Jefferfon, in the fum of three thoufand dollars; and mail alfo
take and fubferibethe following oath or affirmation, to wit: " I, A. B. appointed
collector of tax for the county of do folemnly fwear that I will faithfully
difcharge the duty required of me by law;" and in cafe of death refufal or neglect,
of any collector to enter into fuch bond, or take fuch oath, then his excellency the
governor is hereby authorized and required to appoint fome other perfon willing to
accept the fame on the qualification aforefaid, who mail attend in each diftricl of the
county to receive fuch tax ; and mail previoufly give at leafl ten days' notice thereof,
and mail attend at lead two days in each captain's diftri£l ; and not within ten days of
each other, and if he fhall prefume to execute the faid office without the qualification
aforefaid, he mail forfeit double the fum for each perfon's tax he mail receive, to be
recovered by any perfon who fhall inform and profecute for the fame in any court or
tribunal having cognizance of debts to that amount.
6. And be it further enacted, That the governor for the time being fhall take bond
ai\dlf«irity.n^ and fecurity of thecolleftors of each county refpeclively, in conformity to this acl,
for the due performance of all the duties required of them ; and fnall tranfmit a de*
dimus.to the juftices of the inferior court of the feveral counties, or any two of them,
to receive and caufe to be executed fuch bond with two or more fecurities to be ap-
proved of by fuch juftices, which bond fhall be forthwith tranfmitted by them to the
treafury office.
-Tteraf' 7' ^ ^e it furth£r enacted by the authority aforefaid, That all perfons whatfoever
*dor.aath. w}10 are poffeffed of any lands, granted to or furveyed for them, or for any other per-
fon or perfons, or of flaves, either in their own right, or in any other perfon or per-
fons whatever, or are liable to pay any tax by virtue of this a£t, fhall on or before the
firft day of May next, render a particular account thereof, on oath in writing, fetting
forth in what county fuch lands and (laves are, to the beft of his, her or their knowl-
edge, to the receiver of the county wherein fuch perfon refides, at fuch time and
place as the receiver of fuch county fhall appoint for the doing thereof, fo that the
fame be done on or before the firft day of May aforefaid ; which oathor affirmation
rormofuic fhall be in the words following, viz. '4 I — do fwear or affirm (as the cafe may be)
that the account which I now give in, is a juft and true account of all the taxable
property which I was poffefled of, held or claimed on the firft day of January laft,
or was interefted in or entitled unto, either in my own right or in the right of any
other perfon or perfons whatfoever, as parent, guardian, executor, adminiftrator,
agent or truftee, or in any other manner whatever, according to the beft of my knowl-
edge, information and belief, and that I will give a juft and true anfwer to all lawful
queftionsthat may be aiked me touching the fame ; and all this I declare without any
equivocation or mental refervation whatever. So help me God." Which faid oath
or affirmation the receivers of tax returns, for the feveral counties, are hereby ref»
pectively authorized to admin ifter gratis,
fenaity fome- 8. And be it further enabled, That if any perfon or perfons fhall neglecl or refufe
fi^rctuln^ to give in a return of his, her or their taxable property, or fhall be convifted of fraud
or making a falfe return thereof, he, me or they, fhall be liable to pay to the clerk of
the inferior court of the county, a fine of ten dollars, for every hundred dollars valua-
hon fo neglceled or concealed ; one half whereof for the ufe of the county, under
TAX. 521
the direction of tr*e inferior court, arid the other hair" to the uTe of the informer or in-
formers; to be recovered in any court having cognizance of the fame.
9. And be it enacted, That all attornies or truftees of, or for any perfon or perfbris *£*£*££,
living without the limits of this ftate, fhall make true returns as afbrefaid, in the dif- «»«!«•«*
trift wherein fuch attorney or truftee refides; and that fuch attorney or attornies,
truftee or truftees^ fhall be fubject and liable to pay the tax to become due by this
aft, or which may be due by virtue of any former tax act or afts, for fuch land or
lands, flave or (laves, out of his or their own proper eftate, notwithftanding fuch at-
torney or attornies, truftee or truftees may renounce or dife'aim afting as fuch before
the faid taxes are levied; unlets fuch attorney or attornies, truftee or truftees, (half
make oath before the receiver afbrefaid, that he or they hath or have renounced fuch
truft, or attorneyfhip, before the payment of fuch tax became due without having
done it only with a defign to avoid the payment thereof. Provided always, That ifProviJ#,
fuch attorney or attornies, truftee or truftees, (hall within one year next after making
jfuch oath, again become attorney or attornies, truftee or truftees, or aft as fuch, he
or they {hall be liable to pay the faid tax as herein directed, any thing herein contain-
ed to the contrary notwithftanding; and for levying whereof the fame remedy fhall
be, and is hereby given as for levying the tax to become due by virtue of this aft on
the proper eftaie or eftatcs of fuch attorney or attornies, truftee or truftees, or other
perfon or perfons afting as fuch.
10. A nd be it further enacted by the authority aforefaid, That in cafe any land or other
taxable property fhall be found by thereceivers to belong to any perfon or perfons reft- ncrabrentw*
ding without the limits or this itate; and who nave no attorney or attornies, truftee fa*-
or truftees, legally conftituted in this ftate, or which have not been returned to any
receiver appointed to the county where fuch lands are, then and iri fuch cafe the re-
ceivers fhall be, and they are hereby authorized and required to charge fuch lands and
other property for the payment of the tax impofed thereon, and alfo for all taxes due
thereon by any former tax aft, and forthwith once in every month topublifh and give
notice of fuch charge or affefTment in the gazette, and in cafe of non-payment of
fuch taxes within fix months, the faid lands and other property fhall be thereafter lia-
ble to double tax and to be proceeded again ft by attachment in a fummary way by the
collector in the manner of diftrefs and fale, and to make titles to the perfon or per-
fons purchafmg the fame, and to pay the moneys lawful charges only to be deducted
into the treafury, Provided, the owner or owners, his or her agent or attorney, fhall provis*.
not within twelve months after fuch fale apply for the furplus; and it fhall be the du-
ty of every tax collector, and he is hereby required on the day on which he fhall come
to a final fettlement with the treafurer, or on the day when he is required by law to
clofe his accounts, to make a return on oath, which fhall be certified and vouched
for by at leaft two juftices of the peace for the county, of all land fold by him for
the taxes, fpecially fetting forth the tax for which it was fold, the price it fold for,
and the purchafer or purchafers, and in cafe of failure fuch collector and his fecuri-
ties fhall be fubject to a penalty of twro thoufand dollars, to be recovered in any court
having cognizance thereof to the ufe of the profecutor, and fhall alfo be fubject to an
action at law for damages by any perfon aggrieved thereby.
11. And be it further enacted by the authority aforefaid, That all perfons whatfoe-TaK wl tt
ver who are poffeffed of any lands or flaves in this ftate, in his or their own right, bc^id-
or in the right of any other perfon or any ways liable to pay tax by virtue of this or
,&ny other aft, fhall pay in their taxes to the collectors that may be appointed to receive
522 TAX.
the lame, in the manner herein after direcled, on or before the firfl day of February
rw&xt,, and the refpective collectors' receipts (hall be held and taken as fatisfactory ; and ,
if on the iaid firit day of February, any perfon or perfons fhall be in default, thecol-
Defaufter-.s pro- lector of the county where fuch default fhall happen, fhall iramediatelv proceed
«oidV£0 e againft fuch defaulters by diitrefs and fale (after due notice given of fuch {ale which
in no cafe fhall be lefs than twenty days' advertifement in one of the public gazettes of
Mannerofsa^. the (late, and Rating the amount of the affefiment levied, or tax due by fuch perfon
or perfons) of goods and chattels, if any to be found, otherwife of the lands of fuch
defaulter or defaulters,. or fp much thereof as will pay the amount of taxes due with
colli, but no fale of lands {hall be made or be valid unlefs two months' notice thereof
be given by advertifement in one of the gazettes of the (late, which fhall be regularly
published until the day of fale : And in all cafes to make titles to the purchasers of
trie property fold as aforefaid, and the {aid collectors reflectively mail, on or before
the firfl da) of June, in the year of our Ford one thoufand feven hundred and nine-
tv-eight, clofe their accounts, and deliver the fame to the treafurer for the time being,
and a,fter deducting five per centum, on all fuch taxes as they fhall receive pay the
remainder to the (kid treafurer. And the tax colle6tors fhall at all fales of land for
taxes firft offer fuch part of fuch lands for fale as may be reafonably expe6ied to
produce the amount of tax due by the owner thereof, and if he {hall not have a bid
for fuch part of the faid lands, he may then offer a larger quantity until he can pro-
duce bids to the amount of the taxes due; and that no fale of lands heretofore or
hereafter made by tax collectors of more than one tract or grant belonging to or fold
as the property of one perfon, or one company or fociety of perfons, where fuch
tract firfl ibid, fhall have produced or amounted to the taxes due by fuch perfon, or
on all the lands returned or reprefented as the property of fuch perfon or perfons
fhall be deemed and confidered valid, but fuch fales are hereby declared to be null
and void.
»ouWe tax in 11, ^nc^ ^e it further enacted. That when any of the faid receivers of returns or
certain cases, collectors of taxes fhall or may difcover that any land or flaves, or other taxable pro-
perty hath not been returned as in this act pointed out, he or they fhall fummon three
free holders, refidents of the diftrict where fuch lands may lie, or property be, to af-
certain the quality of fuch lands or other property, and double the tax thereon, for
which amount the collector is hereby empowered and required to levy, fell, and convey
in the manner herein already mentioned, Provided always neverthelefs9 That all lands
or other property vefted m commifiioners or truftees, for public ufes fhall not come
within the purview of this act : And provided alfo, That no fale which ihall be made
under this act of the property of orphans (having no guardian or truftee) fhall have
any effect.
13. And whereas it has happened and may frequently happen that between the day
of receiving the returns and the day appointed for the payment of the faid tax, many
perfons have left the diftrict in which they refide, and have been returned by the col-
lectors as infolvents, who had no property upon which the collector could levy and
deftrain.
m> Went nst Be it therefore enacted by the authority aforefaid, That the collector in any county
by gfan? jurto! ma^ be obliged to lay before the grand jury of each county, a lift of fuch infolvents
as may be in fuch county or counties on o'ath who fhall allow or difallow the fame.
14. And be it enacted by the authority aforefaid- That the taxes impofed
Taxes prefer* ^ s J J 7 *■
redujauen- by this act, mail be preferred to all fecurities and encumbrances whatever, and that
in cafe any perfon or perfons coming under the notice of this act, fhall die between
TAX. 523
the time of giving in his, her or their returns, to the receiver or receivers refpectively,
and the paying of his, her or their tax, and any goods or chattels of the deceafed, to
the value of the funi taxed, fhall come into the "hands of his, her or their executors
or adminiftrators, or executors in their own wrong, fuch executors or adminiftrators
fhall pay the fame by the time before limited, prior to all judgments, mortgages, or
debts whatfoever, otherwife a warrant of execution fhall iffue againft the proper goods
and chattels of fuch executor or adminiftrator ; and if any perfon or perfons between
the time of rendering the account of his, her or their eftate to the receiver aforefaid,
and the time of his, her or their paying in the faid tax, fhall be about to depart the
county in which he, fhe or they may have immediately then preceding refided ; the
faid collector or collectors is and they are hereby directed and required forthwith to le-
vy the fame, notwithstanding the day of payment may not then have arrived, unlefs
fuch perfon or perfons fhall and do find fecurityto be approved of by the faid collec-
or or collectors reflectively, for the payment thereof at the day herein appointed.
k. And be it further enabled* That all deeds of gift, conveyances, mortgages, Dee<is,&c
,. , ° 1 m J r 111 -lip 1 • 1 r made to evade
fales, and ailignments or goods, lands, tenements and chattels, or any kind or any the payment of
perfons whatfoever, made with an intention to avoid paying the a fore fa id tax, are and void.
hereby deemed and declared null and void; and in cafe any perfon who has mortga-
ged his eftate real or perfonal, fhall refufe or neglect to pay the tax of the fame the
mortgagee fhall be liable to pay the fame. Provided, That no fale for taxes under
this ad fhall tend to affect the ftate title to any property mortgaged or fecured there-
to,
16. And be it further enabled by the authority a fore faid. That the treafurer for the Executions
- t * ■ / i\ apaiiKst collect*
time being, be and he is hereby empowered and required to grant executions againft pwiade&uit.
all former .collectors of taxes who are or may be defaulters, immediately after the
paffing of this act ; and he is hereby required and directed to proceed and prepare
the form of a general return to be made by the refpective receivers of tax returns j Form of the
to be approved of by the governor, and tranfmitted to the treafurer without delay
to the aforefaid officers.
17. And be it further enabled, That where the collector of the county finds no pro-coiieaowmay
perty real or perfonal therein of perfons in arrears to fatisfy the tax due by virtue oi ingoutoftheir
this or any former tax act, fuch collector is hereby authorized and empowered
to fell fo much of the property of the perfon neglecting to pay as aforefaid, as may
be iituate in any other county or counties as will fatisfy the faid tax and arrears of tax
as aforefaid, without further notice than his giving twenty days' previous publicity of
faid fale, by advertifement. in one of the gazettes of this ftate ; and the collectors
■lh all be allowed the fum of fifty cents for each execution levied, and five per cen-
tum on the amount of all fales.
18. And be it further enabled, That every perfon or perfons refufing or neglecting Additional tm
to give in a lift of his, her or their taxable property agreeably to the directions of this act,-'
fhall forfeit and pay for every fuch neglect, the fum of one dollar for every free male above
the age of twenty-one years, and the fum of one dollar, for every negro ; the fum of
eighty cents on every hundred dollars value of every lot, wharf, or other lands net
herein already enumerated, and on all buildings within the limits of any town, vil-
lage, or borough within the fame, to be paid by the mafter or owner thereof and to
be recovered by bill, plaint, or information before any court of record; the one half
thereof to go to the informer, and the other half to the ufe of the county where fuch
information is made, except where the profecution is carried on by prefentment; and
In that cafe, the whole fhall be applied to the ufe of the county : Provided always.
on defaulter!.
5^4
TAX.
Tax on mer-
chandize fold
by nan-resi-
dents,
Defaulters to
be presented.
Proviso.
That fttch information or prefcntment be made within twelve months after fuch neg-
lect or default.
19. And whereas, divers perfons non-reiidents of this ftate, import large quanti-
ties of goods, wares and merchandize, and evade the payment of taxes, by not be-
ing in this (late, at the time ufually prefcribed for making returns for taxes, for reme-
dy : Be it enacted, That any non-refident who fhall expofe to fale any goods in this
ftate, fhali on his arrival or within {'evtn days after entering the fame, make return on
oath, t© the receiver of taxable returns, and give fecurity to the tax collector to pay
the fame on or before the time prefcribed for paying taxes impofed by this act. Pro-
vided, That fuch goods mall not be liable to pay the tax when they may be exported,
or placed in the hands of a vendue mailer to be actually difpofed of by him or them ;
and on failing to comply as aforefaid; it Thailand may be lawful foi the tax collector to
proceed again ft him or them, in like manner as againft perfons about to remove out
of the county.
20. And be it further enacted, That it fhall be the duty of the judges of the
fuperior courts, at their next term, after the returns of the receiver of taxable property
fhall have been made agreeably to this act, to give it in charge to the grand juries of
the feveral counties, that they do pre lent all fuch perfons as may be defaulters under
this act. Provided neverthelefs, That where any perfon or perfons who may be a de-
faulter, fhall before any information or prefentment be made againft him or them,
go to the clerk of the fuperior court of his county, and give in a lift of his properiy
upon oath, in the fame manner as ought to have been given to the receiver, fuch
perfon or perfons fhall be exonerated from the pains and penalties of this act ■ and
each perfon fhall pay to fuch clerk for taking fuch lift, the fum of fifty cents; and
every fuch clerk fhall return to the collector of his county, on or before the fir ft day
of December, onethoufand feven hundred and ninety-feven, a true lift of fuch pro-
perty, and alio tranfmit to the treafurer a return thereof, on or before the firft of
February following.
21. And be it enacted by the authority aforefaid, That the tax impofed by this act
fhall be paid and collected in fpecie, bank bills of the United States, or of the dif-
ferent branches thereof, governor, prehdent and fpeaker's warrants, agreeably to
the order of the prefent le'giflature, and nothing elfe : And no replevin fhall lie, or
any judicial interference be had in any levy or diftrain for taxes under this law3
but that the party injured be left to his own proper remedy in a court of law.
22. And whereas, in conformity to the tax law of one thou fand feven hundred and
ninety-five, many perfons had returned their lands in the counties where they lie; but
have fince taken advantage of the law of one thou fand feven hundred and ninety-fix,
and paid the taxes thereon in the counties where they refide, and the collectors ftill
Taxcoiieftor. ftand charged with the amount of the returns fo made: Be it enabled, That the trea-
iSe«totocda»es furer be and he is hereby directed and authorized to credit any tax collector with the
amount of returns made of lands by perfons refiding in other counties : Provided,
*»vmo. fucn collector fhall make oath, that fuch taxes have not been paid to him, and the
treafurer fhall make returns of all fuch lands to the collector of the county where
the owner, truftee, agent, attorney or guardian may refide, requiring fuch collector
to Ihew whether the taxes have or have not been paid to him, and if not, the faid
collector is authorized and required to proceed againft fuch owner, agent, truftee or
guardian as in cafes of default.
9 23. And be it further znaHed, That the fum of fifteen dollars fhall be levied on
*m all negroes brought into this ftate by fea? for fettlement or fale, except fuch as may
Tax how to
fee (aid,
Tax en ne
imported
safe.
TAX, 5,5
be brought in by emigrants from any other part of the United States for fettle menf, t©
be paid to the tax collector of the county within which fuch negroes may arrive, within
the (pace of twenty days after fuch arrival, and a return of which negroes mall be
made to the receiver of tax returns of the county, within five days after fuch arri-
val, fpecifying the number and fexes of negroes fo imported ; and in cafe of
neglect or refufal to make fuch returns or payment, the faid negroes fhal) be and
are hereby declared to be forfeited to and for the ufe of the (late, and fuch tax col-
lector is hereby authorized and required to fell and difpofe of fuch negroes and lodge
the amount of fales ther-eof in the treafury ; Provided That the tax collectors ap-prov..a
pointed by virtue of this aft, fhall not be entitled to receive more than one per cen-
tum, on the tax impofed by this act, on negroes brought into this ftate by fea,
nor the receiver of tax returns more than one half per centum on the amount
of fuch tax ; and fuch collector fhall quarterly account for, and pay into the trea-
fury all monies fo by them received for fuch tax; And provided affo, That nothing Proviso.
in this a6t (hall be conftrued to impofe a tax of fifteen dollars on any negroes brought
into this ftate, actually belonging to the veffels bringing them as mariners.
24. And be it further enacted by the authority aforefaid, That any receiver making Penalties
a fa He return, expreffive of more or other than is to him given in, fhall forfeit and tr"con"a"rS
pay to the party aggrieved a fum equal to double the amount of the tax on the pro- tice£a~m
perty fo illegally returned; and any collector demanding any other or more tax than
by this act is impofed, according to the refpective returns, fhall forfeit and pay to the
party aggrieved for every fuch offence fourfold on the fum fo unlawfully received,
to be recovered before any jurifdiction having cognizance thereof, and it (hall be the
duty of the fheriffof the refpective counties, to execute all executions and other pro-
cefs iffued by the treafurer againft officers appointed by this act, under and by virtue
of the fame.
25. And be it further enabled, That in cafe any collector of taxes for any county ExecutIon3to
in this ftate fnall not fettle his accounts with the treafurer, and pay in the amount ofcXcatiri?st
his collection by the time pointed out in this act, the treafurer fhall publifh in one of
the gazettes of this ftate a notification, requiring all and fingular the tax collectors
who may be in arrear, to come forward and fettle their accounts, and pay the ba-
lance they may reflectively owe into the treafury, within two months from the date
of fuch notification, which fhall be regularly publifhed fix weeks fuccefiively, ftating
the fums due by each collector, their names and fecurities; and in cafe of failure to
make fettlement and pay in the monies as aforefaid, the treafurer is authorized and direc-
ted to iffue his execution againft every collector fo in default, directed to all and lin-
gular the fheriffs of this ftate, and tranfmitted to the fheriff of the county for which
the collector is appointed, who is required to levy the fame immediately, if there is
any property of the defendants in the county, if not, to tranfmit the fame to any
other county where the defendants, or either of them, may have property; and the
fheriff of fuch other county is in like manner to levy the fame; and no execution if-
fued by the treafurer in manner herein prefcribed fhall be ftayed by reafon of the
death of the faid collector or his fecurities, as to the fum due or the legality of the
execution.
26. And be it Jurther enacted, That the collectors of the feveral counties fhall, Taxable pro-
before they receive the taxes from defaulters in their refpective counties, afcertain &"% be entered
and enter in a book to be kept for that purpofe, the taxable property in default, and «** pu^.
the amount of taxes due by fuch defaulter, an exact copy of which book or digeft
s26 TAX.
tLv„y fliall Iranfmit to thetreafurer, and another copy fliall lodge with the receiver of
taxes of the laid county, who fliall add the fame to his digeft previous to fuch col-
lector's receiving the taxes from fuch defaulters; and in cafe any collector fhall attempt
to receive the taxes, or any part thereof, from fuch defaulter or defaulters, before he
fhall tranfinit the aforefaid digefts to the treafurer and receiver as aforefaid, he ftiall
forfeit double the amount fo received, to be recovered by execution to be iffued by
the treafurer, as in cafes of default, on information thereof to the treafurer.
Former coiirc- 27. And be it further enabled, That all former collectors in default fliall, within
torretumdiU-lt fixty days after the paffing of this act, return a digeft to the treafurer, and another
treanwer.6 to the receiver, of all monies received or which they may receive from defaulters as
aforefaid, in the manner herein pointed out, and in failure thereof fhall be fubjeCt to
execution, and the penalties which collectors under this act are fubject to.
DAVID MERIWETHER, Speaker of the Houfe of Reprefeniativc,
DAVID EMANUEL, President of the Senate.
Concurred, February 11, 1797.
TARED IRWIN, Governor,
9 * • .■■» •
An atl to imp of e a tax for the fop port of the government for the year one thouf and feven
hundred and ninety-eight.
i. T)E IT ENACTED by the Senate and Houfe of Reprefentatives of the fit
:ic_ JL3 Georgia in General Ajfembly me?, and by the authority thereof That a tc
or"urfeyed tc- •*-* Georgia in General Affembly met, and by the authority thereof, That a tax or
cjtimation'iaid thirty-five cents for every hundred dollars value of all lands within this ftate, granted
«r7ft>jr.aw** to or furveyed for any perfon or perfons, fliall be paid and levied thereon the value
or eltimation of fuch lands to be rated agreeably to the eftimation or value of lands
in and by an act, entitled 6* An act to raife a tax for the fupport of government for
the year one thoufand feven hundred and ninety- feven."
pel 1 tax. 2. And be it further enabled, That the fum of thirty-one and a quarter cents fhall
be levied on all free male white perfons refident within this ftate, of the age of twenty -
Taxonne- one years or upwards; and the fum of thirty-one and a quarter cents on all negroes and
eroe!- flaves, under the age of fixty years, within the limits of the fame; and the fum of
onuts.&c. thirty-one and a quarter cents for every hundred dollars value of every let, wharf or
other land not particularly eftirnated in the act before recited, and on all buildings
within the limits of any town, village, borough or city within the fame; the fum of
onf^eene- fifty cents on all male free negroes, mulattoes and mufiizoes, of the age of twenty-.
£roei5 one years or upwards, over and above the taxable property they may be poifefled of;
©nstockin the fum of twenty cents for every hundred dollars value of all perfons' flock in trade,
Hade. • • . l
merchants, fhopkeepers and others, to be computed at prime coft, and the return to
be made on oath that the ftock in trade fo returned is the highefl eftimaiion of the
flock in fuch perfon's pofleffion, at any time not exceeding three months preceding
on physicians, the time appointed by law for fuch ftock in trade to be eftirnated and returned; the
on biiuard ta- fum of four dollars on all profeflbrs of law andphyfic; the fum of fifty dollars on
m»,&c, a|j kjj|jartj tables- and the fum of three hundred dollars on every EO table, or other
inftrument of limiiar construction ufedor intended for gambling; the fum of four
TAX. 527
1
dollars on all factors and brokers; and the fum of eighteen and three quarter cents on factor., &e.
on every hundred dollars value of all foreign wares, liquors and merchandize, fold,
bargained and trafficked for by all fuch factors and brokers; and the fum of fifty cents
on every hundred dollars of the funded flock of the United States, to be given in by
the holders thereof in like manner as Mock in trade: Provided neverthele.fs, That in Proviso.
all cafes of extreme indigence or infirmity, the inferior court' of each county {hall,
and they are hereby authorized to remit the poll tax on fuch indigent or iufinn per*
fon claiming the fame.
3. And be it further enacted. That the fum of fifteen dollars (hall be levied on all Tasonne-
I 1 • 1 • n ) r r r 1 r 1 1 1 grries imported
negroes brought into this itate by lea, tor iettlement or iale, as long as the importa- mto Estate.
tion is by law permitted, except fuch as may be brought in by emigrants from any
other part of the United States for the purpofe of actual iettlement; which fum fhall
be paid agreeably to the requiiitions contained in the before recited tax act for the
year one thoufand feven hundred and ninety-feven, with this further provifion, that
nothing fhall be received in payment of faid tax except fpecie, at the following rates, Tobepauirj
to wit, French Crowns at one hundred fix and a quarter cents, and other coin at thespeuc'
rates eltablifhed by the laws of the United States, or bank bills of the United States.
4. And be it further enacted, That the inferior court of the refpective counties of Receiyersand
this ftate, or any three or more of the members of the faid court, fhall be, and they appointed b°ybs
are hereby authorized and required to elect the receiver or receivers of tax returns CourT^uur
(as the cafe may be) for the time being, and the collectors of taxes in their refpective
counties, within forty days after the annual adjournment of the General Affembly,
and.take bond, with two or more good and fufficient fecurities, in fuch fum as may whoftaii
be provided for in the tax law for the time being, conditioned for the faithful perform- iSy 'l ana
ances of the duties required of them by law, which bond mail by the faid juflices or
inferior court be tranfmitted to the fecretary of Hate within the term of forty days as
aforefaid, and fhall, on the appointment of faid collectors and receivers, qualify
them into office.
5. And be it further enacted, That if it mould fo happen that any of the counties vacancies,
inail not elect, take bond and qualify the collectors and receivers of tax returns pur-
fuant to this act, that then and in that cafe, his excellency the governor fhall appoint
a receiver of tax returns and collector of taxes, and ifiue a commiffion, directed to
the juflices of the inferior court of the county where fuch neglect or default may
happen, to take bond and qualify the parties or perfons fo elected.
6. And be it further enacted. That the duties of the faid receivers and collectors Re,?e|rer"5l
«,, p J ' collcftors to br
VdA ieveraily be the fame as is pointed out for receivers and collectors in and by the f^^^jf
act to raife a tax for the fupportof government for the year one thoufand feven rmn-^g
cred and ninety-feven; and the regulations, reftrjetions, claufes and provifoes, as well *£££_„,
for the government and rule of fuch collectors and receivers, as for the govern^?fthi8tax"
raent and rule of all fuch perfons as are liable to pay tax, either for giving in returns
or payment of taxes, or for the time and mode for fo doing, fhall be the fame for car-
rying this law into execution, as is therein contained for the regulations and reftrictions
under which that law is declared to operate.
7. And be it further enacted, That for the purpofe of carrying the intent and mean- ah parts of
" r 1 r • • sa'd »& not
ing or the loregoing claufe more fully into execution, that every part of the before f?Ptriry,to,
A r\ ■ r » r this ad dccl.
recited act to raife a tax for the fupport of government for the year one thoufand fe- }££ be in
ven hundred and ninety-feven, not militating with this act, fhall be held? deemed and
confidered as of full force and efTed.
which is
declared to be
_ieration for
"collection
5^8 TAX,
property^a/de- 8. And he it further £ naclcd ', That the receivers of tax return:; fliali, inthirfy days
betaxL-d. after poblifhing the names of defaulters, proceed to and affefs all Pucjh defaulters in
a fum equal, according to the bed of his opinion, to the full amount of the tax of
inch defaulter or defaulters, which faid alTefl'ment (hall be deemed and held good againd
fuch defaulter or defaulters; and the collector {hall proceed againd fuch defaulter or
defaulters for double the amount of the faid afielfment, in manner pointed out by the
faid tax act of onethoufand (even hundred and ninety-feven, for proceeding againd
3*-a*iso. defaulters : Provided, That if any defaulter or defaulters fo aflefled fnall, at any
time before the collector fhall levy for the fame, make return upon oath before the
receiver of his or her taxable property, the faid afleffment fhall be conddered void,
and the collector {hall confider the return as the proper charge againd faid defaulter.
iwoietaxoa 9- J^n'^ ]°e lt> further enacted. That any perfon or perfons owning more than ten
h"o"eds°^d thoufand acres of land within this date, fhall cultivate or caufe to be cultivated, five
sandlieres'un-" acres for every hundred acres over and above ten thoufand acres as aforefaid, and in
fotefivveer^h«rt. default thereof, a double tax fiiall be affeded by the collectors of the refpe£tive coun-
UHai.ccu!t;- t;cs wr)erc rucn default fliall be made; and that all lands of this description fhall be
and are hereby declared chargeable in the original grantee or grantees' name, any law
to the contrary notwithstanding.
.v.-^ntsof 10- And be it further enacted. That at the meeting of every General Aflembly
coneSrtofbe hereafter it {hall be the duty of the treafurer to make out an account of the arrears
«"tcULuSehe ages of all collectors of taxes and holders of public monies, and to pod it up in ths
fiate-houfe for the information of the members.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatites*
DAVID EMANUEL, President of the Senate,
A dented to February 2, 1798.
JAMES JACKSON, Governor.
t e • o e
An act to impofe a tax for thefupporl of government for the. year one thoufand feveri
hundred and ninety-nine.
1. T>E IT ENACTED by the Senate and Houfe of Reprefentatives of the fate of
£nl°gia -D Georgia in General Affembly met, and by the authority thereof That a tax of thir-
beeSedt0 ty-five cents for every hundred dollars value of all lands within this date, granted to
tStSSuf or furveyed for any perfon or perfons, fhall be paid and levied thereon, the value or
edimation of fuch lands to be rated agreeably to the edimation or value of lands in
and by an aft, entitled ss An acl to raife a tax for the fupport of government for the
year onethoufand feven hundred and ninety-fevem"
fbutnt 2. And be it further enacted^ That the fum of thirty-One and a quarter cents fliall
be levied on all free male white perfons refident within this date, of the age of twen-
^ „ tv-one vears or upwards: and the fum of thirty-one and a quarter cents on all negroes
Tax on rtegrpes J J * ' • i • t i • • r i r j i •
and other daves, under the age of lixty years, within the limits or the lame; anatne
fum of thirty-one and a quarter cents for every hundred dollars value of every lot*
•hi.ts.fcc. wjiarp or othcr |an(j not particuiariy edimated in the aft before recited, and on all
buildings within the limits of any town, village, borough or city within the fame; ih©
TAX.
i
fum of%fty cents on all free male negroes, mulattoes and muftizoes, of the age of
twenty-one years or upwards, over and above the taxable property they may be pof-
feffed of; the fum of twenty cents on every hundred dollars value of all perlons' (lock ^ockm
in trade, merchants, ihopkeepers and others, to be computed at prime coft, and the
return to be made on oath that the ftock in trade fo returned is the higheft eftimation
of the frock in fuch perfon's pofteffion at any time not exceeding three months pre-
ceding the time appointed for fuch ftock in trade to be eftimated and returned; the onpliysidma(
fum of four dollars on all profeifors of law and phyfic; the fum of fifty dollars on Lw u-
alt billiard tables; and the mm of three hundred dollars on every farm, equality, orbl
EO table, or other iniirument of fimilar conftruBion ufed or intended for the pur-
pofe of gambling : And all and every perfon and perfons who may fet up or keep
any table of the aforementioned conitruclions, (hail pay the fum hereby levied not-
withftanding the fame may not have been ufed at the time of making returns of taxa-
ble property, and (hall whenever the collector may deem it neceifary, oblige the per-
fon or perfons keeping the fame to give fecuriiy for the payment thereof; and in
cafe fecuriiy is not given, the collector ihall proceed to levy on any property real or
perfonai belonging to the holders or keepers of fuch tables, notwithftanding the
lime for collecting the general tax may not have taken place. The fum of four dol- 0nfiaol's' Sf
lars on all factors and brokers ; and the Turn of eighteen and three quarter cents, on on.saieoffo-
every hundred dollar's value of all foreign wares, liquors and merchandize, fold, bar-^n1
teredand trafficked for by all fuch faclors and brokers; and the fum of fifty cents 0nf,.B(,e(,
on every hundred dollars of the funded ftock of the United States, to be given in by ^^u*
the holders thereof in like manner as flock in trade. Provided neverthclefs, That in provu*.
all cafes of extreme indigence or infirmity, the inferior court of each county (hall and
they are hereby authorized to remit the poll tax on fuch indigent or infirm perfon
claiming the fame.
3. And belt further enacted, That nothing ilia.ll be received in payment of faid Tax to be pasa
taxes except fpecie at the following rates, to wit : French crowns at one hundred ins'""u
fix and a quarter cents ; and other coin at the rates eitablifhed by the laws of the
United States, or bank bills of the United States.
4. And be it further enabled, That the inferior courts of the refpective counties of Receiver.-, and
this (late, or any three or more of the members of the faid courts ih all be and they are appointed by
hereby authorized and required to elect the receiver or receivers of tax returns (as^ou^."
the cafe may be) for the time being, and the collectors of taxes in their refpective
counties, within forty days after the annual adjournment of the general alterably, and
take bond with two or more srood and fufficient fecurities, in fuch fum asmav be pro- And R>ve boms
* Fn' security*
vided for in the tax law for the time being, conditioned for the faithful performance
of the duties required of them by law ; which bond mail, by the faid juftices or in-
ferior court be tranfmitted to the fecretary of ftate within the term of forty days as
aforefaid, and mail, on the appointment of the faid collectors and receivers, qualify
them into office.
5. And be it further enacted, That if it mould fo happen that any of the counties vacancy
fhali not elect, take bond and qualify the collectors and receivers of tax returns pur-
fuant to this act, that then and in that cafe, his excellency the governor fhall appoint
a receiver of tax returns and collector of taxes, and iifue a commiffion directed to
the juitices of the inferior court of the county where fuch neglect or default may
happen, to take bond and qualify the parties or perfons fo elected,
3 X
530 TAX.
Duties of re-
nTcoi- 6. And be it further enabled, That the duties of the faid receivers and collectors
same as ,.o3nted mall feverally he the fame as pointed out for receivers and collectors in and by the
aftforiw. "Act to raife a tax for the fupport of government for the year one thoufand feven
hundred and ninety-feven;" and the regulations, reftrietions, claufes and provifoes,
as well for the government and rule of fuch collectors and receivers, as for the go-
vernment and rule of all perfons as are liable to pay tax, either for giving in returns
or payment of taxes, or for the time and mode for fo doing {hall be the fame for
carrying this law into execution, as is therein contained, for the regulations and re-
finctions under which that law is declared to operate.
slu of the said 7. And be it further enacted, That for the purpofe of carrying the intent and
act not repug- '. r i r ■ - rr o
rr^j^ein' aie;ininS °' t'ie '°regoing claule more fully into execution, that every part of the
forces before recited "Act to raife a tax for the fupport of government for the year one
thoufand (even hundred and ninety-feven," not militating with this aft, fhall be heids
deemed, and coniidercd as of full force and effect.
m"ktas«* ^' J^n^ ^e ^ further enacted, That the receiver of tax returns fhall within thirty days
£doubtejteax. a^ter publifhing the names of defaulters, proceed to, and affefs all fuch defaulters in
a fum equal, according to the belt of his opinion to the full amount of the tax of fuch
defaulter or defaulters, . which faid afleffment fhall be held and deemed good
againft fuch defaulter or defaulters, for double the amount of the faid afleffment in
manner pointed out by the faid act of one thoufand feven hundred and ninety-feven, for
proviso. proceeding againft defaulters : Provided, That if any defaulter or defaulters fo affef-
fed, fhall at any time before the collector fhall levy for the fame, make return upon
oath before the receiver of his or her taxable property, the faid afleffment fhall be con-
fidered void, and the collector fhall conftder the return as the proper charge
againft faid defaulter.
The treasurer q_ And be it further enacted, That at the meeting of every General AiTembly
shall txist up in C7 ■ J i o / /
aeth^raeetiS? hereafter, it fhall be the duty of the treafurer to make out an account of the ar-
Afs<en-.Syanr£- rearages °f all collectors of taxes, and holders of public monies; and to pofl it up
airs &c?1! ar* in the ftate-boufe'for the information of the members.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives,
ROBERT WALTON, Prefident of the Senate.
Aflented to February 13, 1799.
JAMES JACKSON, Governor.
An atl to raife a tax for the fupport of government for the year one thoufand eight hun-
dred.
T^xonaH 1 . T> E I T ENACTED by the Senate and Houfe of Reprefentatives of the fate of
lands granted Bm J J C J J J ,J
«r«urvcyed. J[_J Georgia, in General Affembly met, and it is hereby enacted by the authority
thereof, That a tax of thirty-five cents for every hundred dollars value on all lands
within this ftate, granted to or furveyed for any perfon, as fuch lands fhall be efti-
At the follow- mated at, fhall be levied on the fame, in the following mode, to wit :
wig rates, * . ' ■ «• i r> rt. ' ■ T'
All tide fwamp, (cultivated or uncultivated) including iflands, of the firii. quality, at
ten dollars thirty-nine cents per acre; of the fecond quality, at fix dollars forty-
three cents per acre ; and of the third quality, at one dollar feventy-feven cents per
acre.
All pine lands adjoining fuch tide fwamp lands or contiguous thereto, and within
three miles of water-carriage, at one dollar fixty-one cents per acre : all prime in-
land fwamps (cultivated or uncultivated) of the firft quality, at an average of feven
TAX. «a
'06
dollars feventeen cents per acre ; of the fecond quality, at three dollars ninety-feven
cents per acre ; of the third quality, at one dollar fixty-two cents per acre.
All pine barren lands adjoining or contiguous thereto, at forty-three cents per acre.
All fait marfh, at forty-thrqe cents per acre.
All high river fwamp and low grounds, (cultivated or uncultivated) including iflands,
including fuch as are commonly called fecond low grounds, lying above Abercorn
Creek, and as high as the mouth of M'Bean's Creek, on Savannah River, of the
firft quality, at five dollars thirty-fix cents per acre; of the fecond quality, at three
dollars twenty-two cents per acre; and of the third quality, at one dollar and fixty-
one cents per acre.
All high river fwamp as aforefaid, lying above M'Bean's Creek, and as high as the
mouth of Rae's Creek, of the firft quality, at eight dollars three cents per acre;
of the fecond quality, at five dollars and thirty-fix cents per acre; and of the
third quality, at two dollars thirty-five cents per acre.
All high river fwamp as aforefaid, lying from the mouth of Rae's Creekto the mouth of
Broad River, on Savannah River, of the firft quality, at four dollars eight-
een cents per acre; of the fecond quality, at two dollars thirty-five cents per acre;
and of the third quality, at feventy-five cents per acre.
All oak and hickory lands (cultivated or uncultivated) including iflands, from the
mouth of Rae's Creek to the mouth of Broad River, and within one mile of Sa-
vannah River, of the firft quality, at one dollar fixty-one cents per acre; of the
fecond quality, at feventy-five cents per acre; and of the third quality, at forty-
three cents per acre.
All oak and hickory lands (including iflands) cultivated or uncultivated, from the
mouth of Broad River, up the Savannah River, and within one mile of the fame,
and up Tugalo River to the marked line on the faidftream, of the firft quali-
ty, at one dollar and eighteen cents per acre; of the fecond quality, at fixty-eight
cents per acre; and of the third quality, at thirty-one cents per acre.
Ail oak and hickory lands (including iflands) cultivated or uncultivated, from the
mouth of Broad River to the marked line on the head thereof, of the firft quali-
ty, at one dollar eighteen cents per acre; of the fecond quality, at fixty-eight
cents per acre; and of the third quality, at thirty-one cents per acre.
All high river fwamp or low grounds (including iflands) cultivated or uncultivated,
from Fort Argyle to the mouth of Buck-head Creek on Ogechee River; of the
firft quality, at two dollars three cents per acre; of the fecond quality, at one dol-
lar eighteen cents per acre; and of the third quality, at forty-three cents per acre.
All oak and hickory lands as aforefaid, from the mouth of Buck-head Creek to the head
of Ogechee River, of the firft quality, at one dollar fixty-one cents per acre; of the
fecond quality, at feventy-five cents per acre; and of the third quality, at forty-
three cents per acre.
All high river fwamp or low grounds (including iflands) cultivated or uncultivated,
from the mouth of Buck-head Creek to the head of Ogechee River, of the firft
quality at one dollar fixty-one cents per acre; of the fecond quality, at feventy-five
cents per acre; and of the third quality, at forty-three cents per acre.
All high river fwamp (cultivated or uncultivated) including iflands, from Cathead, on
the river Alataraaha, to the mouth of the Oconee River, of the firft quality, at two
dollars thirty-five cents per acre; of the. fecond quality, at one dollar eighteen
cents per acre; and of the third quality, at forty-fhree.cents. per acre,
1
532 TAX.
All high river fwamp or low grounds as aforefaid, from the mouth of the Oconee
River, along the northern ftream on the north fide of the Indian temporary line,
to the confluence of the Appalachee or fouth fork, of the firft quality,
at three dollars twenty-two cents per acre ; of the fecond quality, at one dollar fix-
ty-one cents per acre; of the third quality at forty-three cents per acre.
All river fwamp as aforefaid, from the confluence of Oconee and Appalachee River.-:
upwards, on the north fide of the Indian temporary line, of the firft qualitv, at
two dollars fifteen cents per acre; of the fecond quality, at one dollar and thirty
cents per acre; and of the third quality at feventy-live cents per acre.
All other oak and hickory lands throughout this (late, of the firft quality, at one dollar
and eighteen cents per acre; of the l'ecoad quality, at fixty-eight cents per acre;,
and of the third quality at thirty-four cents per acre.
All oak and hickory lands (including iflands) cultivated or uncultivated, above the flow-
ing of the tide on all rivers from Cathead, on the river Alatamaha, to the river St.
Mary's, iuclufive, to the marked line aforefaid, of the firft quality, at feventy-five
cents per acre; of the fecond quality, at forty-three cents per acre; and of the third
quality, at twenty-one cents per acre.
All lands on the fea iflands or lying on or contiguous to the feafhore, ufaaily culti-
vated or capable of cultivation in corn, indigo or cotton, of the firft quality, at
four dollars eighty-one cents per acre; of the fecond quality, at two dollars and
thirty-five cents per acre; and of the third quality, at one dollar eighteen cents
per acre.
All other pine lands throughout the ftate, at twenty-one cents per acre,
poii'tax. 2' j4j-a^ ^e it further enabled, That the fum of thirty-one and one fourth cents
mail be levied on all free male white perfons from the age of twenty-one years and
' upwards in this ftate ; and the fum of thirty -one and a quarter cents on all negroes
and other flaves whatever, under the age of fixty years within the limits of the fame;
and the fum of thirty-one and a quarter cents for every hundred dollars value of
oniots,&<5. every lot, wharf, or other lands not herein already enumerated; and on all other
buildings within the limits of any town, village or borough within the fame, the fum
onfreenegrses. of thirty-one and a quarter cents upon all male free negroes, mulattoes and mufti-
zoes from the age of twenty-one v years and upwards, over and above the taxable
property they may be poffeffed of; and the fum of thirty-one and a quarter cents
ontt.ockin mail be levied for every hundred dollars value of all perfon's ftockin trade, fnop-
keepers and others, and to be computed at prime coft, and the return to be made on
oath, that the ftockin trade fo returned is the higheft eftimation of the ftock in fuch
perfon's poffeffion, at any time not exceeding three months, preceding the time ap-
pointed by this law for fuch ftock in trade to be eftimated and returned ; the fum of
oa&tr-iazes. one dollar on all four-wheeled carriages (waggons excepted) and the fum of fifty
cents on all two-wheeled carriages (carts and drays excepted;) the fum of four dol-
onphysicfans, }ars on a]} practitioners of law and phyfic and the fum of one hundred dollars on all
£&c.rdtar billiard tables ; and the fum of five hundred dollars on all EO tables or other
inftmment of the like conftruftion for the purpofe of gambling : And whenever it fhall
fo happen that the perfon or perfons owning or holding fuch table in poffeffion, re-
fufe legally to return the laid table or tables, or after returning the fame; fhall neg-
lect or refufe to pay the tax thereon, when thereunto required, it fhall be; and is
hereby made the duty of the collector of tax, to levy on the faid table or tables or
inftrument, and expofe the fame to public fale, after giving fuch notice as is required
for the faleofperfonal property ; and mould the faid table or tables after being fet up
trade
TAX. 53g
for fale, not fell for the full tax due on the faid table or tables, that then all the proper-
ty of the owner or owners, {hall be liable for the taxes aforefaid ; and further the per-
i'on or perfons owning fuch table or tables, is hereby made liable to return and pay
the like tax in every county in this ftate wherever he, fhe or they may cany the
fame : That the tax on E O, and billiard tables may be levied and collected at any
time after the paffing of this aft: ; wherever fuch tables may be found : and every tax
collector is hereby required to proceed immediately againft perfons keeping fuch ta-
bles as is directed in cafes of non-payment of taxes on other property ; and the fum
of four dollars on all factors and brokers, and on all wares, liquors, and merchandize, _ , ,
' ' » ' - On bi jfcer*.
fold, bargained or trafficked for by fuch faclors and brokers ; and the fum of eighteen &c
and three quarter cents on every hundred dollars by them fo fold or difpofed of, to be
given in upon oath; and the fum of fifty cents on every hundred dollars of the fund-
ed flock of the United States, to be given in by the holders thereof in like manner as 0a {'^^
' O / stock.
fiock in trade: Provided neverthelefs. That in all cafes of extreme indigence orin-D . -
J ' o Proviso.
firmity, the inferior court of each county (hall be, and they are hereby authorized
to remit the poll tax upon fuch indigent or infirm perfon claiming the fame.
3, And be it further enabled, That there mall be a receiver for each county through- one receiver t0
out this ..ftate, and that the mode of taking the returns fhall be as follows: The re- fore«hwM.
ceiver of tax returns in each county fhall give notice to each captain's diftricr. within y,tIt"uty-
the county, by advertising in the moil public place of each diftritt, the day and place
he will attend to receive the returns of taxable property therefor; and which notice
fhall be given at lead ten days previous thereto; each receiver fhall likewife attend,
previous to making his return of defaulters, three different days in each diftritt. for
that purpofe, which days fhall not be within feven days of each other; and the com-
manding officer in each company fhall give to the receiver fo attending, a lift of tfieListofdefau*.
inhabitants liable to pay taxes in his diftritl, on oath or affirmation, to the belt of his
knowledge and information, under the penalty of thirty dollars in cafe of failure, to
be recovered before anyjuftice of the peace within the county, one half to the perfon
fuing for the fame, the other for the ufe of the poor of fuch county. And it fhall
be the duty of the receiver of returns, at all times upon perfonal application, to re-
ceive the returns not given at the time and place fpecially notified, and at any time
before he makes a digeft of the whole returns ; and he fhall, previous to the entering
on the execution of his dutv, take and fubfcribe the following oath or affirmation,
"to wit, ;; I, A. B. do folemnly fwear (or affirm) that I will truly and faithfully perform Receivertoatfc
all the duties of receiver of returns of taxable property in the couaty to which I am
appointed, as required of me by this act, and will not receive any return but upon
oath."
4. And be it further enabled, That all and every perfon liable to pay tax fhall give Returns of taas-
in a lift of his, her or their landed property, as well as a lift of every fuch perfon or Sbeffini
perfons as he, fhe or they may be attorney or attornies, executor or executors, ad-oatl'
miniftrator or adminiftrators of, defcribing as near as can be from the plats, deeds,
or other documents, the particular fituation of fuch lands, what particular water
courfeon, and what lands it adjoins, for whom furveyed, or to whom granted; and
the receiver of fuch returns fnall make a general digeft and return of the whole of the
taxables received as aforefaid, and alfo of the taxable property of non-refidents and
defaulters within his county, and ihall tranfmit three copies, one to the collector of
the county, one to the inferior court, and one to the treafurer; and that the faid tax
receivers do deliver the aforefaid three copies, to wit, to the collector and clerk of
the inferior court, on or before the fifteenth day of July next^ and to the treafurer,
Frovise,
531 TAX.
on or before the firft day of Auguft next, under the penalty of one thoufarid dollars
for each offence, including therein his own taxable property; and fhall publifh within
one month thereafter, in the gazette,, the names of defaulters, under the penalty of
Receiver's fees, two hundred dollars; and the receivers mail receive two and one half per centum on
the tax arifing from all property returned, and fix and one quarter cents on each re-
turn of a poll without property ; and it mall be his duty to tranfmit to the treafurer,
the clerk of the inferior court, and the collector of taxes, each a copy of fuch di-
geft. And that the faid ieveral receivers to be appointed by this aft fhall be paid by
the collectors in their refpective counties the funis which fhall become due them for
their fervices, as allowed by this aft:: Provided, That no receiver fhall be allowed, or
paid by the collectors, before fuch receiver fhall produce a certificate from under the
hand of the clerk of the inferior court of fuch county that fuch receiver is entitled
to fuch fum for his fervices, agreeably to this aft; which certificate fuch clerks are
hereby on application directed to give; and every collector mall be allowed credits
for fuch payments in his fettlement with the treafurer, who is hereby required to tranf-
The treasurer mit an alphabetical divert (from the feveral general returns in his office) of ail the
sll ill H12-KS il -^ w * O , /
genera; digest, lands and other property returned as lying in each county, to the inferior courts of
the refpective counties, to be examined and compared with the returns of fuch county,
His fees there- for which duty the treafurer fhall be entitled to five dollars for each digeft fo trans-
mitted, for which fums his excellency the governor is authorized to draw a warrant
on the treafury, on the treafurer's producing and depoilting a depofition in the exe-
cutive office a receipt for fuch digefh from the clerk of the inferior court of the
county. In cafe the treafurer fhall fail or neglect to tranfmit fuch alphabetical digeft
on or before the lad day of each year, he fhall forfeit and pay the fum of fifty dol-
lars for each digeft not tranfmitted, to be recovered by the juftices of the inferior
court, in any court having cognizance thereof, and applied to the ufe of fuch county.
Receiver's duty ^nd it fhall be the duty of each tax receiver to examine the alphabetical digeft fo
tranfmitted by the treafurer, and report upon oath all the lands and other property
within his diftrict not returned as aforefaid, and the quality of fuch land to the belt
of his knowledge and information, to the collector of fuch county ; and it fhall be
the duty of fuch collector to collect the taxes due thereon, in the fame manner as if
fuch property had been returned under this act, and fhall be accountable for the fame
to the treafurer.
k. And be it further enacted, That the receivers and collectors of tax for the re-
Receivers 3.Tld '-'_ **
collectors re- fpective counties, fliall be refponfible to the executive department, and to be amenabl
sponsible to 1 "■."__. " ■■ . ■ _ „ . r _. }
e
the governor. io fucn rules jn conducting the duties of their refpective officers, as the executive
may think neceffary and proper. The collectors of the refpective counties, before
they enter on the duties of their office, fhall give bond With fumcient fecurity as fol-
CKieaovs shaii )ows • For the county of Chatham, in the fum of twenty thoufand dollars; for the
give Dunu and * ■ . ■*
security, county of Camden in the fum of four thoufand dollars; for the county of Glynn,
in the fum of two thoufand dollars; for the county of M^Intofh, in the fum of five
thoufand dollars; for the county of Liberty in the fum of five thoufand dollars; for
the county of Bryan, in the fum of three thoufand dollars; for the county of- Effing-
ham, in the fum of two thoufand dollars; for the county of Scriven, in the fum of
two thoufand dollars; for the county of Burke, in the fum of five thoufand dollars;
for the county of Montgomery, in the fum of two thoufand dollars; for the county
of Wafhington, in the fum of four thoufand dollars; for the county of Hancock,
in the fum of eight thoufand dollars; for the county of Greene, in the fum of five
thoufand dollars; for the county of Richmond, in the fum of eight thoufand dol-
TAX. S3,
Jars; For the county of Columbia, in the fum of fix thoufand dollars; for the coun-
ty of Wilkes, in the fum of eight thoufand dollars j for the county of Oglethorpe,
in the fum of eight thoufand dollars; for the county of Warren, in the fum of four
thoufand dollars; for the county of Elbert in the fum of five thoufand dollars; for
the county of Franklin, in the fum of four thoufand dollars; for the county of
T^;kfon, in the fum of three thoufand dollars; for the county of Bullock, in the
fum of two thoufand dollars; for the county of Lincoln, in the fum of three thou-
fand dollars; and for the county of Jefferfon, in the fum of three thoufand dol-
lars; and fhall aifo take and fubfcribe the following oath or affirmation, to wit:
" I, A. B. appointed collector of tax for the county of , do folemnly fwear Their oath.
that I will faithfully difcharge the duty required of me by law;" and in cafe of
death, refufal or neglect of any collector, to enter into fuch bond or take fuch path', vacancies,
then his excellency the governor is hereby authorized and required to appoint fome
other perfon willing to accept the fame on the qualification aforefaid: who fhall at-
tend in each diftrict of the county to receive fuch tax, and fhall previoufly give at
kali ten days' notice thereof, and mall attend at leait two days in each captain's dis-
trict, and not within ten days of each other; and if he fhall prefume to execute the
faid office without the qualification aforefaid, he fhall forfeit double the fum for each
perfon 's tax he fhall receive, to be recovered by any perfon who fliall inform and
profecute for the fame in any court or tribunal, having cognizance of debts to that
amount.
6. And be it further enabled, That the governor for the time being fhall take bond Governor to
and Security of the collectors of each county respectively in conformity to this act, conccK8 \
for the due performance of all the duties required of them; and fhall tranfmit a de-
dirnus to the juftices of the inferior court of the feveral counties, or any two of them,
to receive and caufe to be executed fuch bond with two or more fecurities, to be ap-
proved of by fuch juftices; which bond fhall be forthwith tranfmitted by them to the
treafury office.
7. And be it further enabled, That all perfons whatfoever who are poffeffed of any Tax, when and
lands granted to, or furveyed for them, or for any other perfon or perfons, or of owtobePdiu'
flaves, either in their own right or of any other perfon or perfons whatever, or are
liable to pay other tax by virtue of this act, fhall, on or before the firft day of May
next, render a particular account thereof on oath in writing, fetting forth in what
county fuch lands and flaves are, to the beft of his, her or their knowledge, to the
receiver of the county wherein fuch perfon refides, at fuch time and place as the re-
ceiver of the county mall appoint for the doing thereof, fo that the fame be done on
or before the firft day of May aforefaid; which oath or affirmation fhall be in the
words following, viz. " I, do fwear or affirm (as the cafe may be) that the ac- oath to i!e re-
count which I now give in, is a juft and true account of all the taxable property mankingpve-ons
which I was poffeffed of, held or claimed on the firft day of January laft, or was in-
tgrefted in or entitled unto, either in my own right, or in right of any other perfon
or perfons whatfoever, as parent, guardian, executor, adminiftrator, agent or truf-
tee, or in any other manner whatever, according to the beft of my knowledge, in-
formation and belief, and that I will give a juft and true anfwer to all lawful quef-
tions that may be afked me touching the fame ; and all this I declare without any
equivocation or mental refervation whatever. So help me God." Which oath or
affirmation the receivers of tax returns for the feveral counties are hereby respectively
authorized and required to adminifter gratis.
536 TAX.
pcnaityfpT . 8. And be it further enacted, That if any perfon or perfons fliall neglect or refufe
iforgf^nflnto give ina return of his, her or their taxable property, or (hall be convicted of
" fal L rciu'"- fraud or of making a falfe return thereof, he (he or they mall be liable to pay to the
clerk of the inferior court of the county a fine of ten dollars for every hundred dol-
lars' valuation fo neglected or concealed, one half whereof to the ufe of the county un-
der the direction of the inferior court, and the other half to the ufe of the^informer or
infbrmers; to be recovered in any court having cognizance of the fame.
Attomies tms. 9« And ^e ^ farther enacted. That all attornies or truftees of, or for any perfon or
make&retu?ns perfons living without the limits of this ft ate, fliall make true returns as afore fa id in
and j
out c
own estates.
ofthdrt2K the diftrict wherein inch attorney or truftee refides, all that fuch attorney or attor-
nies, truftee or truftees fliall be liable to pay the tax to become due by this act, or
which may be due by any former tax act or acts, for fuch land or lands, flave or
flaves5 out of his or their own proper eftate, notwithfianding fuch attorney or attor-
nies, truftee or truftees, may renounce or difelaim acting as fuch before the (aid tax-
es are levied, uniefs fuch attorney or attornies, truftee or truftees, fliall make oath
nrrenmijnw before the receiver aforefaid, that he or they hath or have renounced fuch truft or at-
uilciu n torneyfhip, before the payment of fuch tax became due, without having done it on-
rrovy ly with defign to avoid the payment thereof: Provided alzuays, That if fuch at-
torney or attornies, truftee or truftees, fliall within one year next after making fuch
oath again become attorney or attornies, truftee or truftees, 01 act as fuch, he or they
ihall be liable to pay the faid tax herein directed, any thing herein contained to the con-
trary notwithftanding ; and for levying whereof the fame remedy fliall be and is here-
by given as for levying the tax to become due by virtue of this act, on the proper ef-
tate or eftates of fuch attorney or attornies, truftee or truftees, or other perfon or
perfons afting as fuch.
10. And be it farther enabled by the authority aforefaid, That in cafe any land or
abKntewlnde- other taxable property fliall be found by the receivers to belong to any perfon or per-
beV'occeded fans, refiding without the limits of this ftate, aud who have no attorney or attornies,
truftee or truftees, legally conftituted in this ftate, or which have not been returned to
any receiver appointed to the county where fuch lands are, then and in fuch cafe, the
receivers fhall be and they are hereby authorized and required to charge fuch lands
, , and other property for the payment of the tax impofed thereon, and alfo for all taX-
How to bead- i r ' n iri-i • l_
vwtisedgrsow. es jue thereon by any former tax act ; and forthwith once in every month, to pub-
lish and give notice of every fuch charge or affeiTment in the gazette : And in cafe of
non-payment of fuch taxes within fix months, the faid lands and other property fhall
be thereafter liable to double tax, and to be proceeded againft by attachment in a
fummary way by the coiieft or in the manner of diftrefs and fale, and to make titles
to the perfon or perfons purchafing the fame, and to pay the money, lawful charges only
„ . to be cieducled into the treafury : Provided. The owner or owners, his or her agent or
Proviso. , . * i
attorney, fhall not within twelvemonths after fuch fale, apply for the furplus: And it
fliall be the duty of every tax collector, and he is hereby required on the day on which
he fhall come.to a final fettlement with the treafurer ; or on the day on which he is re-
quired by law to clofe bis accounts, to make a return on oath which fhall be certified
and vouched for by at leaf! two juftices of the peace for the county, of all lands fold
by him for the, taxes, fpecialiy letting forth the tax for which it was fold, the
wiorsY.TM1' P1 "*ce lt 1°^ f°r5 an<^ thepurchaler or purchafers. And in cafe of failure, fuch col-
witiu-ietrw- lettorand his fecurities fhall be fubjeft to a penalty of two thoufand dollars, to be re-
iser, covered in any court having cognizance thereof, to the ufe of the profecutor, and fhall
alfo be fubjett to an aBion at law for damages by any perfon aggrieved thereby.
'A#. 53?
ii. And he it further maMid, That all perfons whatfbever who are peffeffed ofESaSuS
fihy lands or fiaves in this ftate, in -his or their own right; or in the right of any otha u
perfon, or any ways liable to pay tax by virtue of this or any other aft, fli'all pay in
their taxes to the collector that may be appointed to receive the fame, in the manner
herein after direcledj on or before the fir ft day of February, in the year one thou-
fand eight hundred and one, the refpeftive collectors' receipts (hall be held and taken
as fatisfaclory ; and if on the faid firft day of February any perfon or perfons mall be
in default, the colleclor of the county where fuch default fhall happen, fhall imme-
diately proceed againlt fuch defaulters by diflrefs and fale (after due notice given
fuch fale, which in no cafe fhall be ieis than twenty days' advertifement in One of
the public gazettes of this flate^ and Mating the amount of the affeffrhent levied 61
tax due by fuch perfon or perfons) of goods and chattels, if any to be found, pt t- ; ; ■ frc.ti.
erwife of the lands of fuch defaulter or defaulters, or (o much thereof as will pay tbesoId-
amount of taxes due with cofts ; but no fale of lands flia.ll be made or be valid, -.„,„,, tobs
uniefs two months' notice thereof be given by advertifement in one of the gazettes two months
of this ftate, which fhall regularly be publifhed until the day of fale ; and in all fuch SS*^
cafes to make titles to the purchafers of the property fold as aforefaid. And the fa id ™y tumult
collectors refpeftively fhall, on or before the firft day of [une, in the year of our'J
Lord one thoufand eight hundred and one, clofe their accounts and deliver the fame
to the treafurer for the time being, and after deducing five per centum on all fuch
taxes as they fhall receive, pay the remainder to the faid treafurer. And the tax col-
lectors fhall at all fales of lands for taxes, fir ft offer fuch part of fuch lands for fale
as may reafonably be expe€ted to produce the amount of -tax due, by the owner
thereof ; and if he fhal! not ha\e a bid for fuch part of faid lands, he may then offer *
a larger quantity, until he can produce bids to the amount of the tax due; and that
no fale of lands heretofore or hereafter made by tax collectors of mote than one
traft or grant, belonging to or fold as the property of one perfon, or one company
or fociety of perfons, where fuch tracts firft fold fhall have produced or amounted to
the taxes due by fuch perfon, or on all the lands returned or reprefented as the pro-
perty of Iuch peifon or perfons* fhall be deemed or confidered valid, but fuch fales
are hereby declared to be null and Void,
12. And be it jurther enacted, That when any of the faid receivers bfreturns or col- DouMejtMton
leclors of taxes, fhall or maydifcover that any land or fiaves or other taxable pra-ffi
-perty, hath not been returned as in this acl pointed out, he or they fhall fumrnon three
freeholders, refidents of the diftricl where fuch land may lie or property be, to afeer-
-tain the quality of fuch land, and double the tax thereon ; for which amount the col-
lector is hereby empowered and required to levy, fell and convey in the maimer herein
already mentioned. Provided always neverthelefs^ That all lands or other property proviso,
vefted in commiliioners or truftees, for public ufes, fhall not come within the purview
of this a£t. And provided alfo. That no fale which fhall be made under this*a® ofProvl>a>
.the property of orphans (having no guardian or truftee,) ft all have any effect; on^n*
1 3. And whereas it has happened, and may frequently happen, that between the day
of receiving the return, and the day appointed for the payment of the faid tax, many
perfons have left the diclricl in which they refided, and have been returned by the
.collectors as defaulters, who had no property upon which the co!le6tors could levy and
diftrain : Be it therefore enacted by the authority aforefaid. That the collector in any
county fhall be obliged to lay before the grand jury of each county-, a lift of fuc-h in-
•3 Y - • *
53^ TAX.
folyents as may be in fuch county or counties on oath, who fhall aliow or difallow the
fame.
This tax prefer- 14« And he it further enabled, That the taxes impofed by this aft, (hail be prefer-
G^VnnGn.' red to all lecurities and encumbrances whatever: and that in cafe any perfon or per-
fons coming under the notice of this aft:, fhall die between the time of giving in his,
her or their returns to the receivers refpeftively, and the paying of his, her or their
taxes, and any goods or chattels of the deceafed to the value of the fum taxed, fhall
come into the hands of his, her or their executors or administrators, or executors iri
their own wrong, fuch executors or adminiftrators fhall pay the fame by the time be-
fore limited, prior to all judgments, mortgages or debts whatfoever, otherwife a war-
rant of execution fhall iffue againft the proper goods and chattels of fuch executor or
administrator; and if any perfon or perfons between the time of rendering the account
of his, her or their eftate to the receiver aforefaid, and the time of his, her or their pay-
persons about ing in the laid tax, fhall be about to depart the county in which he, me or they may
*e«&ty. have immediately then preceding refided; the laid collector or collectors is and they
are hereby directed and required, forthwith to levy the fame, notwithstanding the
day of payment may not then have arrived, unlets fuch perfon or perfons fhall and
do find fecurities to be approved of by the laid collector or collectors reflectively for
the payment thereof, at the day herein appointed.
»"!ls,co&ev.uie 15* And. he ihjwrther enabled, That all deeds of gift, conveyances, mortgages,.
»hi« ux-void fa]es and aifignments of goods, lands, tenements and chattels of any kind of any
perfons whatfoever, made with an intention to avoid paying the aforefaid tax, are
Mortgage hereby declared null and void; and in cafe any perfon who has mortgaged his eftate,
real or perfonaS, fhall refufe or neglect to pay the tax of the fame, the mortgagee
jfovfco. fhall pay the fame. Provided, That no fale for taxes under this aft, fhall tend to af-
fect the ft ate title to any property mortgaged or fecured thereto.
Executions a- 1^' And ^e it further enabled, That the treafurer for the time being, be and he is
lector™1" hereby empowered and required to grant executions againft all former collectors
of taxes who are or may be defaulters immediately after the parting of this act;
and he is hereby required and directed to proceed and prepare the form of a general
return to be made by the refpeftive receivers of tax returns, to be approved of by
the governor, and tranfmjtted by the treafurer, without delay to the aforefaid of-
ficers.
property with. 17. And be it further enabled. That where the collector of the county finds no
out the couwty ' J 7 , , " ' , '
inaybesoid for pr0perty real or perfonal therein of perfons in arrears, to fatisfy the taxes due by
virtue of this or any former tax act, fuch collector is hereby authorized and empow-
ered to fell fo much of the property of the perfon neglecting to pay as aforefaid, as
may be fituate in any other county or counties as will fatisfy the faid tax and arrears
of tax as aforefaid, without further notice than his giving twenty days' previous publi-
coBecters' city of faid fale by advertifement in one of the gazettes of this ftate ; and thecollec-
wmpeBtat t». tors fhall be allowed fifty cents for each execution levied, and five per centum on the
amount of fuch execution.
i$Mto°™ke !8. And be it further enabled, That every perfon or perfons refufing or neglecting
to give in a lift of his, her or their taxable property agreeably to the directions of this
aft, fhall forfeit and pay for every fuch neglect, the ium of one dollar for every free
male above the age of twenty-one years, and the fum of one dollar for every negro; the
fum of eighty cents on every hundred dollars value of every lot, wharf or other lands
not herein enumerated, and on all buildings within the limits of any town, village or
borough within the fame, to be paid by the matter or owner thereof, and to be re-
icturns.
TAX, 535
covered by bill, plaint or information before any court having cognizance thereof; the
one half thereof to go the informer, and the other half to the ufe of the county, where
fuch information is made; except where the profecution is carried on by prefentment,
and in that cafe the whole fhall be applied to the ufe of the county : Provided, Thatpr3Yi*>.
fuch information or prefentment be made within twelve months after fuch neglect or
default.
iq. And whereas divers perfons non-refidents of this {late, import large quantities
of goods, wares and merchandize ; and evade the payment of taxes by not being in
the {late at the time ufually prefcribed for making returns for taxes, for remedy : Be
it enabled, That any non-refident who fhall expofe to fale any goods in this ftate, Tax on theses
fhall on his arrival, or in feven days after entering the fame, make return on oath, to bym°n-V«!-'
the receiver of taxable returns, and give fecurity to the tax collector to pay the fame
on- or before the time prefcribed for paying taxes by this act : Provided, That fuch
goods fhall not be liable to. pay the tax when they may be exported, or placed in the
hands of a vendue matter to be actually difpofed of, by him or them; and on failing
to comply as aforefaid, it fhall and may be lawful for the tax collector to proceed a-
•gairift him or them in like manner as againft perfons about to remove out of the county.
20. And be it further enacted, That it fhall be the duty of the judges of the fuperior Grand jwies't*
courts, at their next term after the returns of the receivers of taxable property fhall tew. "
have been made agreeably to this acl, to give it in charge to the grand juries of the fe-
vcral counties, that they do prefent all fuch perfons as may be defaulters under this
a CI : Provided neverthelcfs, That where any perfon or perfons who may be a defaulter,
fhall before any information or prefentment be made againft him or them, go to the
clerk of the fuperior court of his county, and give in a lift of his property upon oaths
in the fame manner as ought to have been given in to the receiver, fuch perfon or
perfons •fhall be exonerated from the pains and penalties of this aCt; and each perfon
fhall pay to fuch clerk for taking fuch lift, the fum of fifty cents; and every fiich
clerk fhall return to the collector of his county on or before the firltday of Decem-
ber one thoufand eight hundred, a true lift of fuch property, and alfo tranfmkto the
treafurer a return thereof, on or before the firft day of February following.
21. And be it further enabled, That the tax impofed by this a 61 fhall be collected T t, , ^
in fpecie, bank bills of the United States, or of the different branches thereof, g0-tn3peac-
vernor, prefident and fpeaker's warrants, and in nothing elfe; and no replevin fhall no replevin,
lie, or any judicial interference be had in any levy or diitrain for taxes under this
law, but the party injured be left to his own proper remedy in a court of law*
22. And be it en aH ed by the authority aforefaid, That any receiver making a falfej^wfo/thft,
return, expreffive of more or other than is to him given in, fhall forfeit and pay to the tuSwr*"6*
party aggrieved a fum. equal to double the amount of the tax on the property fo il-
legally returned; and any collector demanding any other or more tax than by this
a6t is impofed, according to the refpeCtive returns, fhall forfeit and pay to the party
aggrieved for every fuch offence fourfold on the fum fo unlawfully received, to be
recovered before any jurifdiclion having cognizance thereof. And it fhall be the
duty of the fheriffs of the refpeCiive counties to execute all executions and other
procefs iffued by the treafurer againft officers appointed by this act, under and by
virtue of the fame.
23. And be it further enacted, That in cafe any colleclor of taxes for any county Execl!t<0n,t#
in this ftate mall not fettle his accounts with the treafurer, and pay in the amount of collector's.*"
his collection by the time pointed out by this acl, the treafurer fhall publifh, in one
of the gazettes of this ftate. a notification, requiring all and fifcgular the tax collec-
l ' '
i s'.ilr
5io TAX,
tors who may be in arrears to come forward and fettle their accounts, and pay the
balance they may refpectively owe into the treafury, within two months from the
date of fuch notification, which fhail be regularly publifhed fix weeks fucceffively,
itating the fums due by each collector, their names and fecurities; and in cafe of
failure to make fettlement and pay in the monies as aforefaid, the treafurer is autho-
rized and directed to iffue his execution againft every collector in default, directed to
all and lingular the flier iffs of this ftate, and tranfmitted to the flieriff of the county
for which the collector is appointed, who is required to levy the fame immediately,
if any property of the defendants in the county, if not, totranfmit the fame to any
other county where the defendants, or either of them, may have property; and the
iheriff of fuch other county is in like manner to levy the fame: and no execution
iflued by the treafurer in manner herein prefcribed, mall be flayed by reafon of the
death of the faid collector or his fecurities, as to the fum due, or the legality of the
execution.
pStffni^" 24# And be it further enabled, That the collectors of the feveral counties fhal!, be-
fore they receive the taxes from defaulters in their refpective counties, afcertain and
enter in a book to be kept for that purpofe, the taxable property in default, and the
amount of taxes due by fuch defaulters; an exact copy of which book or digeft they
ihali tranfmit to the treafurer, and another copy fhall lodge with the receivers of taxes
of the faid county, who fhail add the fame to his digeft, previous to fuch collectors'
receiving the taxes from fuch defaulters; and in cafe any collector mail attempt to
receive taxes, or any part thereof, from fuch defaulter or defaulters, before he fhall
tranfmit the aforefaid digeft to the treafurer and receiver as aforefaid, he fhdil for-
feit double the amount fo received, to be recovered by execution to be iffued by the
treafury as in cafe of default, on information thereof to the treafurer.
coiieaorsinjie. 25. And be it further enabled, That all former collectors who are in default, fhall
within fixty days after thepaffing of this act, return a digeft to the treafurer, and an-
other to the receiver, of all monies received or which they may receive from default-
ers as aforefaid, in the manner pointed out, and on failure thereof fhall be fubject to
execution, and the penalties which collectors under this act are fubjected to.
26. And be it further enabled, That where there may be a defalcation of revenue in
the opinion of the executive, proceeding from fales of land in the different counties of
this ftate for want of buyers, that he be and is hereby authorized to caufe the fame to
be fold by the collectors of fuch counties at fome one of the principal cities, towns or.
court- houfes within the circuit to which fuch collectors belong.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentativts,
DAVID EMANUEL, President of the Senate,
Affented to December 4, 1799.
JAMES. ]ACKSON? Governor,
fault.
Tower of the
executive in
certain cases,
TAX. 5{i
An alt to raife a lax for the fuppcrt of government for the year onethpufand eight hun-
dred and one.
E IT ENACTED by the Senate and Houfe of Reprcfentatives of the ne'e p/raxonan
Georgia, in General Afferahly met, and it is hereby enacted by the authority wanrveyed.
thereof, That a tax of thirty-five cents for every hundred dollars value on all lands
within this Rate, granted to or Purveyed for any perfon, as fuch lands fhall be efti- Atthefoikw.
mated at. fhall be levied on the fame, in the following mode, to wit :
All tide fwamp, (cultivated or uncultivated) including iflands, of the fir ft quality, at
ten' dollars thirty-nine cents per acre; of the fecond quality, at fix dollars forty-
three cents per acre ; and of the third quality, at one dollar feventy-five cents per
acre.
All pine lands adjoining fuch tide fwamp lands or contiguous thereto, or within
three miles of water-carriage, at one dollar fixty-one cents per acre : all prime in-
land fwamp (cultivated or uncultivated) of the firft quality, at an average of icvei\
dollars feventeen cents per acre ; of the fecond quality, at three dollars ninety-fever*
cents per acre ; of the third quality, at one dollar fixty-two cents per acre.
All pine barren lands adjoining or contiguous thereto, at forty-three cents per acre.
All fait marfli, at forty-three cents per acre,
All high river fwamp and low grounds, (cultivated or uncultivated) including iflands",
including fuch as are commonly called fecond low grounds, lying above Abercom
Creek, and as high as the mouth of M'Bean's Creek, on Savannah River, of the
firft quality, at five dollars thirty-fix cents per acre; of the fecond quality, at three
dollars twenty-two cents per acre; and of the third quality, at one dollar and fixty-
one cents per acre.
All high river fwamp as aforefaid, lying above M'Bean's Creek, and as high as the
mouth of Rae's Greek, of the firft quality, at eight dollars three cents per acre;
of the fecond quality, at five dollars and thirty-fix cents per acre; and of the
third quality, at two dollars thirty-five cents per acre.
All high river fwamp as aforefaid, lying from the mouth of Rae's Creekto the mouth of
Broad River, on Savannah River, of the firft quality, at four dollars eight-
een cents per acre; of the fecond quality, at two dollars thirty-five cents per acre;
and of the third quality, at feventy-five cents per acre.
All oak and hickory lands (cultivated or uncultivated) including iflands, from the
mouth of Rae:s Creek to the mouth of Broad River, and within one mile of Sa-
vannah River, of the firft quality, at one dollar fixty-one cents per acre; of the
fecond quality, at feventy-five cents per acre; and of the third quality, at forty-
three cents per acre.
All oak and hickory lands (including iflands) cultivated or uncultivated, from the
mouth of Broad River, up the Savannah River, and within one mile of the fame*
and up Tugalo River to the marked line on the laid ftream, of the firft quali-
ty, at one dollar and eighteen cents per acre; of the fecond quality, at fixty-eight
cents per acre; and of the third quality, at thirty-one cents per acre.
All oak and hickory lands (including iflands) cultivated or uncultivated, from the
mouth of Broad River to the marked line on the head thereof, of the firft quali-
ty, at one dollar eighteen cents per acre; of the fecond quality, at hxty-eight
cents per acre; and of the third quality, at thirty-one cents per acre.
All high river fwamp or low -grounds (including iflands) cultivated or uncultivated,
from Fort Argyle to the mouth of Buck-head Creek on Ogechee River; of the'
542 TAX.
firft quality, at two dollars three cents per acre; of the fecond quality, at one dol-
lar eighteen cents per acre ; and of the third quality, at forty-three cents per acre.
All oak and hickory lands as aforefaid, from the mouth of Buck-head Creek to the head
of Ogecllee River, of the firft quality, at one dollar fixty-one cents per acre; of the
fecond quality, at feventy-five cents per acre; and of the third quality, at forty-
three cents per acre.
All high river fwamp or low grounds (including iflands) cultivated or uncultivated,
from the mouth of Buck-head Creek to the head of Ogechee River, of the firft
quality at one dollar fixty-one cents per acre; of the fecond quality, at feventy-five
cents per acre; and of the third quality, et forty-three cents per acre.
All high river fwamp (cultivated or- uncultivated) including iflands, from Cathead, on
the river Alatamaha, to the mouth of the Oconee River, of the firft quality, at two
dollars thirty-five cents per acre; of the fecond quality, at one dollar eighteen
cents per acre; and of the third quality, at forty-three cents per acre.
All high river fwamp or low grounds as aforefaid, from the mouth of the Oconee
River, along the northern ft ream on the north fide of the Indian temporary line,
to the confluence of the Oconee and Appalachee or fouth fork, of the firft quality,
ai three dollars twenty-two cents per acre; of the fecond quality, at one dollar fix-
ty-one cents per acre; of the third quality at forty-three cents per acre.
All river fwamp as aforefaid, from the confluence of Oconee and Appalachee Rivers
upwards, on the north fide of the Indian temporary line, of the firft quality, at
two dollars fifteen cents per acre; of 'the fecond quality, at one dollar and thirty
cents per acre; and of the third quality at feventy-five cents per acre.
All other oak and hickory lands throughout this ftate, of the firft quality, at one dollar
and eighteen cents per acre; pf the fecond quality, at fixty-eight cents per acre;
and of the third quality at thirty -four cents per acre.
All oak and hickory lands (including iflands) cultivated or uncultivated, above the flow-
ing of the tide on all rivers from Cathead, on the river Alatamaha, to the river St,
Mary's, incJuiive, to the marked line aforefaid, of the firft quality, at feventy-five
cents per acre; of the fecond quality, at forty-three cents per acre; and of the third
quality, at twenty-one cents per acre.
All lands on thefea iflands or lying on or contiguous to the feafhore, ufually culti-
vated or capable of cultivation in corn, indigo or cotton, of the firft quality, at
four dollars eighty-one cents per acre; of the fecond quality, at two dollars and
thirty-five cents per acre; and of the third quality, at one dollar eighteen cents
per acre.
All other pine lands throughout this ftate, at twenty-one cents per acre.
foiitajb 2. And be it further enabled, That the fum of thirty-one and a quarter cents
ill all be levied on all free male white perfons from the age of twenty-one years and
Tax on thves. upwards jn this ftate ; and the fum of thirty-one and a quarter cents on all negroes
and other flaves whatever, under the age of fixty years within the limits of the fame;
and the fum of thirty-one and a quarter cents for every hundred dollars value of
oniots.&e. eyery lot, wharf, or other lands not herein already enumerated; and on all other
buildings within the limits of any town, village or borough within the fame, the fum
on free negroes. Qf thjrty-one and a quarter cents upon all male free negroes, mulattoes and mufti-
zoes from the age of twenty-one years and upwards, over and above the taxable
property they may be pofleffed of; and the fum of thirty-one and a quarter cents
ulT.ck',n fea^ {ie levied for every hundred dollars value of all perlon's (lock in trade, mop-.
TAX. 543
keepers and others, and to be computed at prime coft, and the return to be made on
oath, that the flock in trade fo returned is the higheft eftirnation of the ftock in fuch
perfon's poffefiion, at any time not exceeding three months, preceding the time ap-
pointed by this law for fuch ftock in trade to be eftknated and returned ; the fum of
one dollar on all four-wheeled carriages (waggons excepted) and the fum of fifty on carriages,
cents on all two-wheeled carriages (carts and drays excepted;) the fum of four dol-
lars on all practitioners of law and phytic and the fuiri of one hundred dollars on all ^J^™'
billiard tables j and the fum of -five hundred dollars on all EO tables or other m«m, eo,&«.
inftrument of the like conftruftion for the purpofe of gambling : And whenever it mall
fo happen that the perfon or perfons owning or holding fuch table in poffeffion, re-
fufe legally to return the faid table or tables, or after returning the fame; mail neg-
lect or refufe to pay the tax thereon, when thereunto required, it fliall be, and is
hereby made the duty of the collector of tax, to levy on the faid table or tables or
inftrument, and expofe the fame to public fale, after giving fuch notice as is required
for the fale of perfonal property ; and mould the faid table or tables after being fet up
for fale, not fell for the full tax due on the faid table or tables, that then all the proper-
ty of the owner or owners, fliall be liable for the taxes aforefaid ; and further the per-
fon or perfons owning fuch table or tables, is hereby made liable to return and pay
the like tax in every county in this ftate wherever he, fhe or they may carry the
fame : That the tax on E O, and billiard tables may be levied and collected at any
time after the palling of this aft ; wherever fuch tables may be found : and every tax
collector is hereby required to proceed immediately againft perfons keeping fuch ta-
bles as is directed in cafes of non-payment of taxes on their property ; and the fum
of four dollars on all factors and brokers, and on all wares, liquors, and merchandize, on broker*,,
fold, bargained or trafficked for by fuch factors and brokers ; and the fum of eighteen
and three quarter cents on every hundred dollars by them fo fold or difpofed of, to be
given in upon oath; and the fum of fifty cents on every hundred dollars of the fund-
ed ftock of the United States, to be given in by the holders thereof in like manner as svcckn.ndsd
ftock in trade: Provided neverihelcjs, That in all cafes of extreme indigence or in- Proviso,
firmity, the inferior court of each county mall be, and they are hereby authorized
to remit the poll tax upon fuch indigent or infirm perfon claiming the fame.
3. And be it further enabled^ That the following funis {hall be paid on all fuits Onsustsatfc»».
hereafter commenced in the fuperior or inferior, or mayor's courts, where the debt
or damages fued for fhall not exceed one hundred dollars, the fum of fifty cents ;
above one hundred and not exceeding three hundred, one dollar ; above three hun-
dred and not exceedingifive hundred dollars, one dollar and fifty cents; and on all
'firms above five hundred dollars, two dollars; to be paid to the clerk by the plaintiff
before the fuit or procefs i flues, for the ufe of the ftate ; which fums (hall be taxed in
the bill of cofts : And the clerks of the refpective courts of all the counties in this
ftate, are hereby required to make annual returns to the comptroller, on oath, on or
before the flrft day of January in every year, of the number of fuits commenced,
and the fums received thereon ; and fhall at the fame time remit to the treafurer the
amount of fuch return, deducting therefrom five per centum, And any clerk fail-
ing to make fuch returns, and pay or remit the monies as aforefaid, fhall on complaint
made by the treafurer to the judge or juftiees or their refpective courts, be liable to a
writ of attachment for contempt, and fined at the discretion of the court, and con-
tinuing in default be difmiffed from office, and fuffer execution from the treafurer in
like manner as tax collectors.
514 TOBACCO INSPECTION*.
Receivers arid
ill tors to
: i] uiiiisd,
4. And be it farther enabled, That on the firft Monday in January annually, the
juftices of the inferior courts, and the juftices of the peace of the refpective counties
of this flate, (hall be and they are hereby authorized and required to eleti the receiv-
er or receivers of tax returns (as the cafe may be) for the time being, and collector of
taxes in their refpeftive counties.
m,e-o7^hc 5- And be it further enabled, That the fame rules and regulations for carrying this
fc/fe&a-?®' imo effeQ5 &al1 beobferved as are laid down for carrying into effeft the tax law
of the year one thoufand feven hundred and ninety-feven ; except the returns of the
receivers of tax returns, and they mail be returned to the comptroller general : Pro*
■vided, That no Tales which mall be made under this act of property belonging to or-
phans, fhall have arty effeft,
DAVID MERIWETHER, Speaker of the Houfe of Repfefentativesx
DAVID EMANUEL, Prefident of the Senate.
Affented to December i9 1800.
JAMES JACKSON, Governor.
en ot 'tis is tax.
TOBACCO INSPECTION,
An act to regulate the infpebiion of tobacco.
SrtSfrthSc*11 *4- And whereas, it is highly improper that the fame perfon mould be infpeclof
whaumade and vender of tobacco : Be it enabled by the authority aforefaid, That no perfon to
piantatToS11 be appointed infpe&or of tobacco by virtue of this act fhall be allowed to fell tobac-
co as aforefaid, uiilelTiiifi fame fhall be of the growth and manufacture of his own
plantation or plantations, and then he fhall produce a certificate figned by two or
more of the infpeftors fo'be appointed as aforefaid of its being fo; and any perfon
who fhall fell in violation. hereof, on conviction before the fuperior court of the coun-
ty in which he fhall refide$ fhall be difcharged from acting as infpeflor, and the faid
t^/diKt court fhall proceed and appoint another in his Read, and thf perfons fo offending
jpouanddS'fifine. fliall be liable to a fine not exceeding the fum of fifty pounds, which fhall be fued for
and recovered in any court of record in this ftate, and paid into the public treafury
poveredand' thereof; and the perfon or perfons making information againft fuch offender, fhall
be entitled to one half the amount of faid fine.
The former and latter parts of this act repealed and re-enafted by the following acl
of 1791.
hy order of the Houfe,
WILLIAM GIBBONS, Speaker*
Augufta, 14th February, 1786,
TOBACCO INSPECTION. 515
An aft 'for regulating the infpcHion of tobacco.
HEREAS it has been found by experience that the feverallaws now in force riju&&
for regulating the infpection of tobacco throughout this ftate, are unequal
to the purpofe for which they were intended :
1. Be it therefore enacted by the Senate and Hovfc of Reprefenlativcs of the fate #££*£&*
Georgia in General Ajfembly met, That from and' immediately after the pairing of'^'i'twmT6"
this aft, no perion (hall put on board or receive into any (hip, brigantine) fchoonerj "areliouM.
(loop, bylander, boat or other veffel, in order to be exported therein, any tobac-
co which fhall net have been packed in hogfheads or calks, upon any pretence what-
ever, before the fame fhall have been viewed and infpccled according to the direc-
tions of this act; that all tobacco whatever to be received or taken onboard any fliip^
brigantine, fchooner^ (loop, bylander or other veffel, and to be therein exported,
or to be carried and put on board any other fhip, brigantine, fchooner, floop, by-
lander or other veflel for exportation as aforefaid, fhall be received or taken on
board at the feveral warehoufes for that purpofe herein after mentioned, or fome or
one of them, and at no other place or places whatfoever : And any matter, mate or Jf^jj®*?*
boatfwain of any fhip or other veffel, which fhall arrive in this ftate in order to load oa^to™""
with tobacco during the continuance of this aft, fhall, before the faid fhip or veffel tubatxo. Udir,s
be permitted to take on board any tobacco whatever, make oath before the collector
<of the cuftoms of the port where fuch fhip or veffel fhall arrive, which oath the faid
collector is hereby empowered and required to adminitter, that they will not permit
any tobacco whatfoever to be taken on board their refpective mips or other veffels,
•except the fame be packed in hogfheads or cafks, (tamped by fome infpector legally
thereunto appointed, which oath they mail fubferibe in a book to be kept for that pur-
pofe by the faid collector. And if any matter fhall caufe any perfon who is not really Mastenof*w»
and bona fide mate or boatfwain, to come on fhore and take fuch oath, he fhall fpr j^w^onT
faid offence forfeit and pay five hundred pounds; and if any commander or mafter oat* tdf&mt
.of anv fliipor veffel fhall take on board, or fuffer to be taken on board the fhip or twenty pounds
' * *■ for each hoc*'-
veffel whereof he is matter, any tobacco brought from any other place than fuch ^so put o»
public place herein mentioned, or any hogfhead or cafk- of tobacco not (lamped by
fuch lawful mfpetlor, or fhall fuffer to be brought on board any tobacco except in
hogfheads Or calks (tamped as aforefaid, every fuch commander or matter fhall for-
feit and pay twenty pounds for each hogfhead, one moiety thereof to the ufe of the
informer, and the other moiety to" the ufe of the ftate, to be recovered by bill, plaint
or information before any court of record.
2. And be it further enabled, That every matter of a fhip or veffel wherein tobac-MrTe70fv-<;r
-/ 7 J r sels laden with
co (hall be laden, fhall at the time of clearing out deliver to the collector a fair ma- |°vbca™'nfet
nifeft of all the tobacco on board his fhip or veffel, expreffing the marks and num- 255fartt«rti
bers of every hogfhead, and the tare and net weight (tamped thereon, the perfon
by whom (hipped, and from what warehoufe; and (hall make oath thereto, that the
fame is a juft and true account of the marks, numbers, tare and net weight of each
refpective hogfhead, as the fame was taken down by the perfon or perfons appointed
by him to take the fame, before the faid tobacco was (lowed away; and no fhip or
veffel (hall be cleared by the collector before he dial! have received fuch lift or mani-
feft, which fhall by the faid collector be transmitted to the treafurer of this (late for
the time being.
sent to cha
treasurer,
546
TOBACCO INSPECTION.
public ware-
houses for the
3. And be it further enatted by the authority afore/aid, That public warehoufes for
i«uccorc/ the infpefiion of tobacco purfuantto this act fhall be kept at the feveral places herein
after mentioned, that is to fay, at Auguita, the three tobacco infpec'tions already ef-
tablifhed, called and known by the aames of Calls, Richmond and Auguita, at Hen-
ry Arrington's, on Savannah River; at New Savannah, on the lands of foha Twi^g;
at Yamacraw,* on the lot of Mordecai Sheftall; at Hardwick's, at the mouth of
Ogcchee; at Louifville, on the land of John Shehnan; at Galphinton, on the land
of Robert Forfyth; at Georgetown, on the land of Arthur Fort: at Lexington, on'
the land of Charles Statum ; at the Rock Landing, on the land of John M'Kenlie;
at Mount Pelier, on the land of Charles M'Donald; in the town of Greeniborough,
on the land of John Armour; at the town of Wafhington, on the lot of ;
at the mouth of Broad River, on the land of John Oliver, on the land of White,
Robifon, & Co. at their iron works on Sweet Water, and at Pace's Ferry, on the
land of Drury Pace. And the proprietors of each warehoufe are hereby entitled to
tworence!E& demand and receive for the (iorage of each hogfhead of tobacco infpecicd at his
psavteo, warehoufe, the i'um of one (hilling and twopence : Provided, the faid tobacco does
net lay longer in fuch warehoufe than twelvemonths; and for every month after the
owner or proprietor of fuch tobacco fhaii pay at the rate of fixpence per month,
which duty or (forage [hall be paid to the feveral mfpectors before the fame be re-
moved from the faid warehoufe, who fhal! be anfwerable to the owner or proprietor
thereof for the full amount of fuch {forage by them received.
4. And be it further enacted, That there (hall be kept at the feveral warehoufes here-
in appointed, and ali others hereafter to be appointed, a good and fufficient pair of
fcales with weights fufficient to weigh fifteen hundred weight at leaft, and a fet of
fmall weights, the fame that are or ought to be provided for the ftandard weights of
each county and that the proprietors of fuch warehoufes provide the fame.
5. And be it further enaHed, That all tobacco brought to any of the public ware-
houfes fli all be viewed, infpected, and examined by two perfons thereunto appointed
who fhal I be called infpectors, which faid infpectors mall be appointed in the follow-
ing manner, that is to fay: The judges of the inferiort courts in the feveral coun-
ties in which infpectors are appointed (except as herein after is excepted) mall at their
county courts to beheld between the firit day of May, and fir ft day of September m
each year nominate and appoint three fit and proper perfons for infpectors at each of
their feveral warehoufes within their refpective counties, who fhal! be commiffioned
by the governor, the two firft in the nomination mall be confidered as the acting in-
fpectors for the enfuingyear, and in cafe of ficknefs, death, or inability of either of
Tiurd uispeaar t}le two firft infpeclors the third (hall act, and alfo on the difagreement of the faid in-
«"«3' fpeciors, the third mall be called in to decide on fuch hogfhead- or hogfheads of to-
bacco, and the faid judges fhall have power on complaint in writing being lodged in
the office of the clerk of the inferior court and being duly notified thereof by fuch
clerk, fuch juftices or any three of them, fhaii within three days^after fuch notice to
them given, iuraraon the infpecior before them, firft ordering a copy of the complaint
to be ferved on him or them and within five days thereafter, fuch juftice mall confider
fuch complaint and may continue or difmifs from office him or them, as the court
Raid conn may r J 7
mail judge j u ft ; and fuch courts mall fill up ali vacancies that may happen at any of
SlOTSge for
And sixpence
io> every
ir.i.iah after
«ne year.
Scales and
weights to be
provided Ivy
yrojrietors.
taJq.-s of the
jjffonor court
to appoint in-
ipewers.
dismiss or con-
tinue inspec-
* Repealed by aft of 1 798, fed. 4.
■f See a6l of 1^798, feft. u
TOBACCO INSPECTION., 547
their faid courts to continue to the end of the then infpeftion : Provided always, and Kvafo?.^
be it enabled, That the third infpeclor on the death or removal of any infpeclor in \l^Z\ «a.
the fame nomination mall be considered as infpeclor and fhall act accordingly : Aiid^*™^^
provided neverihelefs, That where the inferior courts fhall fail to nominate perfons #ea'CQWr "^
for infpe&ors the governor is hereby empower to make fuch appointments (except
that the firft five magiftrates on the lift for the county of Richmond not being mer-Howtobe,p.
chants (hall annually betwixt the tenth day of May and the tenth day of Auguix^™?""
nominate to his excellency the governor three lifts containing perfons each capable
and fit to ferve as infpefc'tors at the refpective warehoufes at Augufta, and the gov-
ernor fhall within ten days after the laid lifts fhall be tranfmitted to him appoint and
eommifiion tiiree fit and difcreet perfons out of each lift to ferve as infpectors at each
warehoufe at Augufta, as defcribed by ibis act:) and that every per fori fo appointed ^\\g\v^4.-
infpectorby virtue of this act, fhall before he enters on the execution of his office,
give bond with fecurity in the penalty of five hundred pounds payable to the gover-
nor for the time being and his fucceflors in office; conditioned for the true and faith-
ful performance of his duty according to the directions of this act, and liable to be
put in fuit upon any neglect of duty, which bond fhall be given or entered into be-
ibre the inferior court, or any judge thereof, and lodged in the clerk's office of the
county.
6. And be it further enacted, That all infpectors to be appointed by virtue of this ^n*^^
act, fliall conltantly attend their duty at the warehoufe or warehouses under their thew*rc5l0ilKS-
charge from thefirit day of October, till the firftday of Auguft yearly (except Sun-
days) and the holy days obferved at chriftmafs, eafter and whitfuntide, or when hin-
dered by ficknefs, and afterwards they or one of them, fliall conftantly attend at the
fame except Sundays to deliver tobacco for exportation until all the tobacco remain-
ing there the faid firft day of Auguft be delivered, and no infpector fhall be obliged to
view any tobacco between the faid firft daytof Auguft and the faid firftday of October, How u*bie f«»
and every infpector neglecting to attend as aforefaid, fhall forfeit and pay to the party r'egkA-
aggrieved five millings for every neglect or fliall be liable to an action to recover all
fuch damages as he or they fliall have fuftained by occalion of every fuch neglefl, Tkeirdu<«r-
together with his or their full cofts, at the direftion of fuch party. And that all per-
fons having tobacco at the public warehoufes may have equal juftice, the infpectors
fhall enter into a book to be kept for that purpole, the marks and owners' names of
all tobacco brought to their refpefctive warehoufes for infpection, as the fame lb all be
brought in, and ihall view and infpect the fame in due time as it fhall be entered in
fuch book, without favor or partiality, and uncafe and break every hogfliead or cafk
of tobacco brought them to be infpected as aforefaid; and if they fhall agree diat
the fame is good, found, well-conditioned, merchantable, and clear of train, then
fuch tobacco fliall be weighed in fcales with weights of the lawful ftandard, and the
hogfliead or cafk fhall be (lamped in the prefence of the faid infpectors or one of
them, with the name of the warehoufe at which infpected, and alfo the tare of the
hogfliead or cafk, and quantity of net tobacco therein contained, and the infpectors
at fuch warehoufe fliall iffue a receipt for each hogfliead of tobacco they fliall pafs9
if required by the owner, if the fame weighs nine hundred and fifty, which receipt
fhall be in form following, to wit :
$
0-i
3 TOBACCO INSPECTION.
Form of receipt J?ii\/>r
emote, x^i>vli
Warehoufe, the day of
179 Sweet fcentcd Stemmed
Oronoko leaf leaf
Mark No. Grofs Tare Net Grofs Tare Net
Grofs Tare Net Received of
hogfhead of crop tobacco, marks, numbers, weights and fpecies as per above, to be
delivered by us to the f aid for exportation when demanded, Witnefs
our hands, the day of 179
size of -hogs- 7. And be it further enabled', That the fize of the hogfhead or cafk -fhall not ex-
ceed forty-nine inches in length, and thirty-one inches in the raifing head, and to
weight. weigh nine hundred and fifty pounds net at leaft.
Recdptstoie 8. And be it aljo enabled, That no infpector or infpectors fhall, under any pretence
pel"aftycTder whatever, iflue a receipt for any other than fuch as fhall be printed, in which the date
wgnyrjoun s. ^^ ^e inferted at full length; and if any infpector or. infpectors At ail prefume to if-
fue a receipt in any other manner than is hereby expreffed, he or they for fuch offence
fhall forfeit and pay twenty pounds, to be recovered with colts by any perfon who
may fue for the fame in any court within this ftate having cognizance thereof; which
Upon diS!.gree. receipts as aforcfaid fhall be furnifhed by the proprietor of the warehoufe; but if the
tooacco.phaowBS feid two infpectors fhall at any time difagree concerning the quality of tobacco brought
taproccea. for their infpection to any warehoufe under their charge, they fhall, as foon as con-
veniently may be, call in an additional infpector appointed to attend fuch warehoufe,
who mall determine and pafs or reject fuch tobacco; and if he mall pafs the fame,.
his name fhall be entered in a book kept by the infpectors appointed, oppofite the
mark, number and weight of the hogfiiead by him paffed, together with the name
of the infpector at fuch warehoufe who fhall officiate with him : And the infpectors-
at each of the warehoufes eftablifhed by this act fhall conftantly keep fo many able
hands at their refpective warehoufes, not lefs than two, for the purpofe of taking
care of all tobacco brought to fuch warehoufe, and flowing it away after the fame
Eandstobe fhall be infpected and ftamped; and it fhall be lawful for the infpectors to employ the
to?/ wtak!ec" laid hands in the yard when not otherwife fufhciently employed by this act; and no
SwaytoiaS infpeftor fhall, by himfelf, his fervant, or any other perfon, either directly or indirect-
topfcck°tobac- ly, be concerned in picking any refufed tobacco (unlefs it be his own property) on any
thereof? ** pretence whatever, under the penalty of being forever thereafter difabled from hold-
ing the office of infpecior.
Refuse tobacco, 9. And be it further enabled, That when any tobacco fhall be refufed by the in-
r£ket(i°.be fpector, the proprietor thereof fhall be at liberty to feparate the good from the bad>
but if herefufes or negletls to do fo within one month of fuch refufal, the infpeft-
ors fhall employ one of the pickers attending to the warehoufe, to pick and feparate
fuch refufed tobacco, and give the owner credit for fo much thereof as fhall be
found merchantable, after paying the pickers one tenth part of the quantity faved >
and the infpeclors fhall caufe the tobacco which fhall be judged by them unfit to pafs
SUalJ be burnt * J o / 1
v..,(ier penalty' t0 be burnt, under the penalty of fifty pounds for every failure, one half to the m-
*ffilty pounds. ' , 1 • V n 1 r 1 r 1 i ■ r i
former, recoverable with colts, before the court or the county wherein fuch ware-
houfe fhall be.
Ree . 10. And be it further enabled, That when any tobacco fhall be brought to any
vausje, toDac. warehoufe for the difcharge of any public or private debt or contract in bulk or
cafks? the infpeclors or one of themj after they have received? examined and weigh-
TOBACCO INSPECTION. 549
ed the faid tobacco according to the directions of this aft, {hall deliver to the perfon
bringing the fame as many receipts under the hands of the faid infpectors, as (hall
be required for the full quantity of tobacco fo received by them, in which mall be e*-
preffed whether the tobacco received be fweet fcented, Oronoko leaf, or ftemmed,
which receipts mall be in the form following, to wit ;
RlVCf Perm thereof,
Warehoufe, the day of
Received of pounds of transfer tobacco, to be delivered on de-
mand to him or his order.
11. And be it enabled, That from and after the palling of this act, if any infpecior \™Hx™™*
mall prefumcto deliver any tobacco in his warehoufe without an order from the own-^Xlrorn
er or proprietor of fuch tobacco, every infpecior fo offending, and being thereof duly derpS^u?f"
convicted in the fuperior court or the inferior court of any county, fliall be incapa- ttl fine!cat:oa
blse of ferving ever after as an infpecior in this ftate, and mall moreover be liable to pay
a penalty of fifty pounds, one half to the informer, and the other half to the ufeof
the ftate, to be recovered by bill, plaint, or information.
12. And be it further enabled, That no infpe8.or fhall accept or receive, directly shaii receive
or indirectly, any gratuity, fee or reward for anything by him to be done in purfu- fee, undeTpen-
ance of this act, other than his faid allowance or fees by this act allowed fuch infpec- <ired pounds,
tor, being thereof convicted, mail forfeit and pay one hundred pounds, to be reco-
vered with cofts by any perfon who will inform and fue for the fame. And be it &|/o persons mak.
enabled, That if any perfon hereafter (hall make a fire within any of the public ware- wifre'KelLb.
houfes, or within fifty yards of fuch warehoufe, other than in a room for the ufe oV^
the infpectors, or in fome houfe having a chimney, fuch perfon or perfons fliall, for
every fuch offence, forfeit twenty pounds, to be recovered with cofts by information,
to the ufe of the informer; and if a fervant or (lave, he or (he fliall, by order of
fome juftice of the peace, receive on his or her bare back twenty-five ladies for every
fuch offence.
13. And be it further enabled, That he or they who (hall forge or counterfeit, alter vorpag, &e.
or erafe the ftamp or receipt of any ihfpector or infpeBors, or (hall caufe or procure^ of aeny?n-
fuch ftamp or receipt to be forged or counterfeited, altered or erafed, or fliall aid or' be punish °
affift in forging or counterfeiting, altering or erafing, fuch ftamp or receipt, or fliall
have in his cuftody or pofleffion any infpectors ftamp or receipt which (hall have
been altered or erafed, knowing the fame to have been altered or erafed, and fliall
notdifcover fuch altered or erafed ftamp or receipt to a juftice of the peace within
five days after they or either of them (hall have come to his or their poffefiion; or
caufe to be exported any hogfhead of tobacco damped with forged or counterfeited
ftamp; or fliall receive or demand tobacco of an infpecior upon forged or counter-
feited, altered or erafed ftamp or receipt, knowing the fame to be counterfeited or
forged, or (hall put or pack, or caufed to be put or packed, into any hogfhead or
cafik (tamped by an infpecior, any tobacco whatever, or (hall draw or take out, or
caufe to be taken out any ftave or ftaves, plank or heading-board of any hogfhead
or cafk of tobacco fo damped as aforefaid, after the fame fhall have been delivered
out of any of the public warehoufes aforefaid, and being thereof convicted, fhall
fufFer fix months' imprifonment, ftand four hours in the pillory, and pay a fine of
one hundred pounds.
14. And be it enabled, That if any infpecior or infpeclors fliall give, deliver, {"Lcc"1™^
*>r iffue to any perfon whatever his or their receipt., expreffed to be for any hogf- JSMS'
550 TOBACCO INSPECTION.
head or cafk of tabacco which they have not aQually received into the warehoufe
whereof they are infpectors at the time of giving fach receipt or fit a 11 give, deliver or
iflue, more than one receipt for any one hoglhead or cafk of tobacco by him or them
received, except when aathorized by law fo to do, fuch infpector or infpeclors be-
ing thereof convicted by due courfe of law mall be adjudged a felon, and (hall fuffer
death by being hanged.
test receipt, 15- ^nd ^ it farther enabled, That if any infpector's receipt be actually loft,
howes^bfl^i- mifiaid, or deftroyed, the perfon or perfons entitled to receive the tobacco by virtue
of any fuch receipt, (hall make oath before any juftice of the peace of the county
where the fame is payable, to the number and date of every fuch receipt, to whom
and where payable, and for what quantity of tobacco the fame was given, and that
fuch receipt is loft, miflaid or deftroyed, and that he fhe or they at the time fuch re-
ceipt was loft, miflaid or deftroyed, was lawfully entitled to receive the tobacco there-
in mentioned; and fliall take a certificate thereof from fuch juftice, and upon produ-
cing a certificate thereof, the infpettors who figned fuch receipt and lodging the fame
with them ; the infpectors fliall and they are hereby required and directed to pay and
deliver to the perfon obtaining fuch certificate the tobacco for which any fuch receipt
was given, if the lame or any part thereof mail not have been before by them paid
by virtue of the faid receipt, and fhali be thereby difcharged from all actions, fuits,
and demands on account of fuch receipt and if any perfon fliall be convicled of ma-
king a falfe oath, or producing a forged certificate, in the cafe aforefaid fuch per-
fon fliall fuffer as in cafe of wilful and corrupt perjury or forgery as the cafe may be.
, ftion tW6 16. And be it further enacted. That the infpectors at the feveral warehoufes except
foi's"l!dpex- Calls, Richmond and Augufta fhall be and they are hereby entitled to receive for each
mind M*Richr hoglhead of tobacco by them infpected the fum of two millings which fliall be paid
E^vhomubc tne "lfpeclors, by the merchants, or other perfons to whom the fame fhall be deliver-
paid. ecj? and every fuch infpector before entering on the duties of his office fhall take the
injector's following oath, to wit; " I, A. B. do folemnly fwear that I will diligently and care-
fully view, examine, and infpeel all tobacco brought to the warehoufe whereof I am
appointed infpector, and that not feparate and apart from, but in prefence of my.
fellow, and that I will not receive any tobacco that is not in my judgment found,
well conditioned, merchantable and clear of trafli, and that I will not change, alter,
or give out any tobacco, other than fuch hogfheads or cafks for which the receipt to
be taken was given, but that I will in allthings well and faithfully difcharge my duty in
the office of an infpector to the beft of my (kill and judgment, and according tp the
directions of this act , without fear, favor, affeclion, malice or partiality. So help
me God."
Twnsferto- 17. And be it further enabled, That the infpeftors at the different warehoufes in
bepmedinto this ftate fliall, and they are hereby required to prize up all fuch parcels of transfer
*«*£ " tobacco as fhall or may be lodged in their refpective warehoufes, into crop hogiheads
io contain nine hundred and fifty pounds net, or upwards each, within two months
after the date of the receipt paffed or given by the infpeclors for fuch tobacco, and
the faid in fpectors fhall keep a book to be called a transfer book, in which an exact:
and particular account of all fuch parcels of tobacco fhall be kept ; and where any
perfon or perfons holding fuch transfer receipts to the amount of nine hundred and
fifty pounds and producing the fame to fuch infpeclors, they fhall deliver to fuch ow-
ner or proprietor a crop hogfhead or hogfheads of tobacco to the amount of fuch re-
ceipts, firft deducting from fuch receipts the fum of eight per centum, for calk,
Shrinkage and prizing the fame, for which they fliall pafs their receipts or notes; and
TOBACCO INSPECTION. 5gi
the feveral infpeclors at each of the warehoufes within this ftate, fhall proceed to felt m how to he
. • * • rr rr i r i n it \ delivered e&t
ail the transfer tobacco that may remain in their polieiiion on the iccond Monday in or fold,
September annually at the warehoufe in the refpeciive counties, and the in ft .-efciors
feiiing fuch transfer tobacco fha!l be accountable to the owner or owffcrs of fuch
transfer tobacco for the monies ariiing from fuch fales deducting at the rate of eight
per centum for waftage, eafk, prizing and cooperage.
18. And be it elf 0 enabled by the author ity aforefaid, That every hogfhead of to- Hogshe^^
bacco (hah have at kaft fix good hoops, and the owner or owners of fuch tobacco tobchooped'
failing to have his, her or their tobacco in fuch flate, fhall be obliged to pay the in-
fpefiors for finding fuch hoop or hoops the fum of twopence per hoop, before the
delivery of fuch tobacco: And the inferior court of the county in which fuch tobac-
ry in eacn y
of this fiate.
19, And be it further enabled by the authority aforej aid, That every proprietor or ^a,rc;hov;csuot^
owner of a warehoufe fhall keep the fame in repair and fhall always have a fufficient *c. -:r] . f°:
/belter or houfe room to fee u re all tobacco which mail be brought to the fame, the 1™$^^?*
doors to be well fecured by good locks, bolts or bars ; in default whereof the owner
or proprietor fhall be accountable and pay to the jperfon or perfons whofe tobacco
ihall be loft or damaged, all damages and colts which may be recovered by action in
either of the fuperior or inferior courts : And the courts of the lev era I counties with-
in this ftate wherein any warehoufe for the infpection of tobacco now is, or may
hereafter be eftablifhed, fhall and they are hereby required at their ft It meeting air- to be exp.mi-
11 . 1 r 1 ' ' ! • r • • L ft ' ncd ycarly 1>y
nually to appoint tnree or their number to examine from time to time into the ttat< thei»fen«
and condition of fuch warehoufes, and whether they are buiit and fecured according
to this act, and the juftices fo appointed, or any two or more of them, finding that
the faid warehoufes are not in good and fufficient repair fhall within ten days give no-
tice in writing to the proprietor or proprietors of fuch warehouie or warehoufes to
repair the fame, and if fuch proprietor or proprietors having notice as aforefaid,
fhall refufe or neglect fo to do within two months from the time of fuch notice ; it
ihall and may be lawful for the juftices fo appointed, or any two or more of them,
to let fuch repairs to the loweft bidder, taking bond with fufficient fecurity of the un-
dertaker in double the fum to be paid him for fuch repairs conditioned for the due per-
formance thereof ; and theinfpectors at any warehoufe wanting repairs as aforefaid Re a!.stab„
are hereby empowered and directed to flop in their hands the amount of the fum to £1^7^.
be paid for fuch repairs, out of the monies arifing on ftorage which money fo flopped £r° ™L?,ey
as aforefaid fhall be paid into the hands or to the order of the juftices letting fuch re- £}& ifey°*
pairs, to be by them paid to the undertaker thereof. K^eSS*
20. And be it further enabled, That from and after the paffingof this aft, any per- Hotheads
fon or perfons bringing to any of the aforefaid warehoufes, any hogfhead or hogf- S S!*
heads of tobacco, and theinfpectors on weighing the fame fhall iudge it good andfcra.r~'
merchantable according to the directions of this act, and under nine hundred and hX
ty pounds net, fuch tobacco fhall be kept by the infpector marked in their tram.fer
book as light crop tobacco, but no receipt or note fhall be given for the fame in lefs
than two months except the owner or proprietor thereof fhall require the fame, and
the owner or proprietor of any > fuch hogfhead may at any time within two months,
prize into fuch light hogfhead fo much other tobacco as will make the fame nine nun-
552 TOBACCO INSPECTION.
area* and fifty pounds net or upwards in which cafe the infpectors (hall pafs their re-
cept for the fame as crop tobacco and mark it on their books asfuch: And if the ow-
ner or proprietor of fuch tobneco fhall neglect or refufe to prize the fame within two
months the infpectors fhail and may confider the fame as transfer, and Shall be allow-
ed the fame per centum thereon as other transfer tobacco ; and wherever from the fitu-
ation and condition of any hogfhead of tobacco the irifpectots find it necelTary, they
mall have the lame repacked, and for every fuch hogfhead the pickers mall be enti-
tled to receive for their fervices, in prizing and coopering the fame, the fum of five
(hillings, except it be done by the owner of fuch tobacco.
Auowruiceto 2i. And be it further enabled by the authority afore/aid, That no perfon mall attend
any warehoufeto pick refufed tobacco or a£t as a cooper, except he fhall have been
appointed by the court and approved of by a majority of the infpe£tors at fuch ware-
Theiro;uh, houfe; Any fuch picker mail take the following oath, to wit: " I, A. B. do fo'emn-
ly fwear, that I will carefully pick fuch refufed tobacco that I may have charge of,
and will faithfully and truly make a return of the net proceeds thereof, without any
wade or embezzlement to my knowledge. So help me God." And the pickers and
proviso; coopers fo appointed fhall be under the directions of the infpe£tors: Provided, That
nothing herein contained fhall be conftrued to prevent the planter from picking or
coopering his own tobacco; and the planters fhall at all times have the free ufe of
prizes for that purpofe.
?e°weifcdoop0er- 2?" ^ nc* ^ it farther enabled, That the feveral infpectors appointed by this act fhall
andaSrdand?ded' be obliged to deliver each hogfhead to the perfon fhipping the fame, well coopered
Georgia word with at ieaft fix good hoops; and every hogfhead of tobacco, before it be removed
from any warehoufe within this ftate, fhall be branded with the word " GEORGIA,"
in letters of one inch long, which brand fhall be provided at the expenceof the own*
er or owners of each refpective warehoufe.
eooper'afees. 23- And be it enacted, That, from and after the firft day of October next, the
coopers at each of the feveral warehoufes fhall have and receive for each hogfhead by
them coopered, and for finding nails, the fum of one {hilling and fixpence, and no
more, to be paid by the owner thereof; and if any cooper or coopers fhall demand
or receive any greater fee or reward for fuch fervices, he or they fhall for every fuch
shaii forfeit offence, forfeit and pay fourfold to the party aggrieved, to be recovered before a
fourfold for ■ n • r i ■ i i r \ £ • i 1 i •
overcharge, juitice of the peace in the county where fuch offence is committed, and on being
convicted thereof, mall be rendered incapable of acting as a cooper at any of the
warehoufes thereafter.
ii»peao«to.«' 24-* And be it further enabled, That no infpector or infpectors of tobacco fhall
forvc<"perinf, receive any emoluments for coopering any tobacco that may be brought to the ware-
w'remPovTi!Ues houfe at which they are infpectors, under the penalty of being removed from office,
upon information and proof thereof before the county inferior court. And that from
and after the paifing of this act, the pickers at the feveral warehoufes fhall have and
receive for their trouble in picking any refufed tobacco one tenth part of all fuch
tobacco by them faved.
25 Gives falaries to certain infpectors — repealed by act of 1793, feet. 3.
26 Relates to the fame thing — repealed hy the third fection of the fame act,
Infpectors allowed to cooper tobacco by act of 1 796.
TOBACCO INSPECTION. 553
£f„. And k it further enacted. That all and every act or parts of acts that have beep SHns
pafled refpecting the infpection of tobacco, that is repugnant and contradictory to this
act, be and is hereby repealed,
WILLIAM GIBBONS, Speaker of the Hovfe of Repref •ntatives*
N. BROWNSON, Prejident of the Senate,
Concurred December 23* 1791*
EDWARD TELFAIR, Governor.
& ■ • ' t i * e •' 9
An aB for the letter regulation of the infpeBion of tobacco in this fate, ana for other
purpofes.
HEREAS it has been found to be injurious to the intereft of the planters rfWmbi«.
of tobacco in this ftate* that the infpeftors fhould be appointed from the
citizens of any particular county: for remedy whereof*
Be it enabled by the Senate and Houfe of Rtprefentatives of the fate of Georgia, in rBft.6ftoM,how
General Affembly met, That it fhall and may be lawful for thejufiices of the inferior «i.beappoint"
courts of the counties of Richmond, Columbia* Lincoln* Elbert, Franklin, Jackfon,
Oglethorpe, Greene, Wilkes* Hancock* Warren* Burke, Jefferfon and Wafhington,
to recommend two perfons for infpeftors to any county where warehoufes are efta-
blifhed by law; and the faid county courts refpeclively fhall be obliged to appoint
three infpeftors out of the number fo recommended* for each w7arehoufe that may be
in fitch county; and in cafe of failure or refufal of any or each of the faid counties
fo to recommend, the court fhall proceed to eleft out of fuch perfons as may be re-
commended; and in cafe no recommendations are made, the court may elecl from
any candidates that may offer;
2. And be it further enacted. That an infpeclion of tobacco fhall be and the famewareh0us5.ee.
is hereby eftablifhed at the town of Sparta, in the county of Hancock; and the in- apart*;
ferior court of the faid county are authorized and empowered to fix and determine on
the fpot whereon the faid warehoufe fhall be ereeled in the town aforefaid; which faid
warehoufe fhall be under the fame rules and regulations as other warehoufes eftablifhed
by law in this flate*
3. And be it further enabled, That an infpeftion of tobacco fhall be and the fame n*hd.atSaVa**
is hereby eftablifhed at the city of Savannah; and thejufiices of the inferior court of
the county of Chatham are hereby authorized and empowered to determine on the fpot
of ground whereon the warehoufe and infpection fhall be eftablifhed, and to appoint
infpeclors for the fame; which faid infpeclion and warehoufe fhall be fubjetl to fuch
rules and regulations as are prefcribed by law for ail other warehoufes and infpeclions
within this ftate.
4. And be it further enabled; That all forriier laws refpecting an infpection atSa-^';:ng
Vannah, fo far as relates to that'infpetlion only, mall be and are hereby repealed.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives,
DAVID EMANUEL, Prefident of the Senate*
AfTented to February 2, 1798.
JAMES JACKSON, Governor. : > , v
554 TOBACCO, WAREHOUSES FOR.
An act to authorize Zachariah Lamar, efq. to lay out a town at the mouth of Broad
River, and to ejlablijh infpciiions in the county of Wilkes.
^HEREAS it is necefiary, and will be greatly conducive to the general con-
venience of the citizens on the upper part of this Hate, that a town fhould
be laid out and a tobacco infpeftion eitablifhed at the mouth of Broad River, in the
county of Wilkes ;
^achariatiLa- Be it enalled Ly the reprefen/atives of the freemen of the fate of Georgia in General
to8iayout°"w AJJhnbly met, and by the authority of ihe fame, That Zachariah Lamar, of the afore-
Lincoin,«the faicl county, be and he is hereby fully authorized and empowered to lay out a town
mouth of Broad .. J . , r iriri r ^ \ r ^ i ^» •
Rher and top- on his own lands, htuate on the iouth iide or the mouth or Broad River, into anv
taoltsh a public ' — «^
w^eiAousc. and fuch number of hali acre lots as he may think proper, and to difpofe of and
make titles to the fame according to the ufual manner of conveyance; which faid
town fhali be called and known by the name of Lincoln. And the faid Zachariah
Lamar is hereby further authorized and empowered to erecl a public warehoufe for
the reception and infpeclion of tobacco in the laid town of Lincoln, iubjecl alwavs
to the laws that have been or may hereafter be provided for the infpeftion of tobacco.
2. And whereas Dionyhus Oliver, of the afore faid county of Wilkes, hath peti-
tioned the legiflature to authorize him to ere6l a warehoufe on his own land, in the
aforefaid county of Wilkes, in the fork, between the aforefaid Broad River and the
fiver Savannah, for the reception and inflection of tobacco; and whereas the fame
is likewife thought necelTary for the convenience of the upper fettlers :
vCT^areiwuse ^€ lt f^t'ther enabled, That the faid Dionyfius Oliver is hereby authorized and
empowered to creel the faid warehoufe, and the faid infpeclion is hereby eflablifhed,
fubjecl always to fuch laws as have been, or may hereafter be made, for regulating
die infpeclion of tobacco as aforefaid.
By order of the Houfe.
WILLIAM GIBBONS, Speaker,
Augulla, February 8, 1786.
ablished at
#eteiijburgti.
An acl to repeal fome parts, and to amend other parts, of an atl to regulate the im*
fpeclions of tobacco.
1, 2, 3, 4, 5, Re-enafted, with alterations, by a& of 1791.
6. And whereas feveral petitions have been preiented to the prefent General Af-
fembly, praying the eilablifhment of other infpeftions within this date:
warehouses «- Be it therefore enacted by the authority afor ej "aid, That the following in fpeclions be,
Kyiu* and the fame are hereby ellablifhed, under the fame regulations as thofe already ef-
wfike')gNew-n tab) i flied in or near the town of Augufta : On John Shellman's lot of ground in
jeadTugg^?&" Louifville; on fome public lot in the town of Wafhington; on fuch other lot in the
runinletroCn'5, at faid town as the commiffioners of the academy in the county of Wilkes may point
Calphiuton, at 1 1 i n i m • ■» -r r» 1 i l r ti l i
me fans of o- out: on the land of general Twiggs, at New Savannah, near the mouth or Butlers
tehee, aba at O Oc5 * J
wAt Bluff, creek; and on land of Henry Arrington at the fame place; oaland of Robert For-
TOBACCO WAREHOUSES,, 555
fyth, in the county of Golphinton; on land of Arthur Fort, near the falls of Oge-
chee; and on land of George Handley and Chriftopher Hillary, at Reed's Bluff.
By order of the Houfe.
JOHN POWELL, Speaker.
Augufta, February 4, 1789.
An aft to eflablijli an inflection of tobacco on the Savannah River , at the mouth of
Lightwood-lpg Creek.
E IT ENACTED by the Senate and Houfe of Reprefentatives of the fate ofl'Z^iZtl
Georgia, in General AJfembly met, and it is hereby enabled by the authority J^otthof*
of the fame, That from and immediately after the pairing of this act, it fhall and cri!K w^B
may be lawful for an infpection of tobacco to be opened, at the mouth of Light- &c!county'
wood-log Creek, in Elbert county on the land of Nehemiah Howard, which faid in-
fpection mall be governed by the laws which now are in force or which may here-
after be made for the government of the feveral infpections within this Hate.
2. Be it alfo enatled, That the right of building faid warehoufe is hereby veiled in reitcdinKek*.
the faid Nehemiah Howard, his heirs and affigns, who mall be entitled to receive themiil
fame ftorage as is directed by law to be received in the other infpections in this
ftate. t fi
3. And be it further enatled, That Co much of an act entitled " An act for regu.- A" nre*'*'
lating the infpections of tobacco," paffed the twenty-third day of December, one thou-
fand ieven hundred and ninety-one, as relates to granting of falaries to the infpectors
of Calls, Richmond, and Augufta warehoufes, be and the fame is hereby repealed.
A. And be it further enatled, That the inipeftors at the warehoufes known by the laspeaors «r
111 n 1 niii -ii • -\ r Richmond an*
name of Richmond and Auguita warehoufes, mall be entitled to receive the fame fug^ta ware.
* " O 3 houses to re- .
price for each hogfhead of tobacco, by them infpefted, as are allowed by lawto^^sW,*?
•theinfpectors of other warehoufes within this ftate, which fhall be paid at the time
of fhipment.
5. And be it further enatled, That the weights at the feveral warehoufes within this Wei„ht, w!wi
ftate, fhall be adjufted in themanner pointed out in a former law regulating the infpec- tot* *<W«f*.
lion of tobacco, on the firft Monday in January and October annually.
WILLIAM GIBBONS, Speaker of the Houfe of Reprefentatives.
BENJAMIN TALIAFERRO, Prefident of the Senate*
Concurred December 19, 1 793,
GEORGE MATHEWS, Governor. . \
An aft to efablifb anvnfpetlion of tobacco on the Savannah River, -at the mouth of Cold-
water Creek,
i. T)E IT ENACTED by the Senate and Houfe of Reprefentatives of the ftate o/mspeftionef
JL3 Georgia in General Afjembly met, and by the authority of the fame That it i'haii South°o?coM-
and may be lawful for an infpection of tobacco to be opened at the mouth of Cold-""
water Creek.in Elbert county on the land of John Cunningham; which faid infpec-
556 TOBACCO WAREHOUSES.
tion fhall be regulated by the fame laws which are now in force, or which may here-
after be made for the government of the feveral in fpe£lions in this ftate.
And vested in 2. Be it alfo enabled, That the right of the faid warehoufe is hereby veiled in
i»ia°Uni '"John Cunningham, his heirs and affigns, who fhall be entitled to receive the fame
ftorage as is direfted by law to be received at the other infpeftions within this ftate.
inspectors may 3- Be it further enabled. That it fhall and may be lawful for the feveral in fpeftors
eoopertobaeco. Qf tobacco within this ftate, either by themfelves, or perfons by them employed to coo-
per the tobacco which may be brought to their feveral infpe&ions, who fhall be enti-
tled to receive the fame fee which is allowed by law in this ftate for the coopering of
tobacco, any law or cuftom to the contrary notwithstanding.
THOMAS STEPHENS, Speaker of the Houfe of Reprefentalives*
BENJAMIN TALIAFERRO, Prefidait of the Senate,
Concurred February 11, 1796.
JARED IRWIN, Governor.
• • • «
An ablto eflablijh a tobacco infpeblion in the town of Peterfburgh, one on thefouih fide
of Broad River at the mouth thereof; and one other on the lands of Ezekiel Harris
above Augifta.
1. T> E IT ENACTED by the Senate andHoufe of Reprefentatives of the fate of Geor-
uwLeT-m' JLj gia in General Affembly met, That it fhall and rnayfbe lawful for aff infpeclion
of tobacco to be eftablifhed in the town of Peterfburgh, in thecoM.nty of Elbert, on
lots thirty-five and thirty-feven, the property of William Watkins ; and that the faid
vwlifcm^lt] warehoufe with all the benefits and emoluments be, and is hereby veiled in him the
k:ns' faid William Watkins, his heirs and affigns.
Another on the 2. And be it enabled by the authority ajorefaid, That one other tobacco in fpe8 ion fhall
Broad River, be eftablifhed on the fouth fide of Broad River, at the mouth thereof, on the lands
vested in Tho- . . * .
>naS waiton. 0f 1 homas Walton, junr. and that the right of the faid warehoufe be, and is here-
by veiled in the faid Thomas Walton, jun. his heirs and affigns.
And another on 3. And be it enabled, That another warehoufe be and is hereby eftablifhed on the
izklei Hams, plantation of Ezekiel Harris in the county of Richmond; and that the right of the
vested in s^ici
u»r;iS. faid warehoufe be and is hereby vefted in the faid Ezekiel Harris, his heirs and af-
figns.
i^toniaws. 4» -And be it further enabled, That the aforefaid tobacco infpe&ions fhall be regu-
lated and governed by the fame laws that now are or may hereafter be made for the
government of the feveral tobacco infpeftions within this ftate, and the proprietors
thereof fhall be allowed to receive the fame ftorage as is direel by law to be received
at other tobacco infpeflions.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, Pref dent of the Senate,
Concurred February ii, 1797.
JARED IK WIN, Governor,
TOBACCO WAREHOUSES. 551
An aB to ejlablijh an infpeflion of tobacco at the White Bluff on the Oconee River ^ in
the county of Wafhington.
i, T> E IT ENACTED by the Senate and Houfe of Reprefentatives of the fate oflmpemottes.
J3 Georgia in General Affembly met, and by the authority of the fame, That it wh'teBiuff oa
mall and may be lawful for an inflection of tobacco to be opened at the White Bluff kiv°rconee
on the Oconee River, in the county of Wafhington, on the land of Thompfon Law-Andv .
fon; which faid infpection fhall be regulated by the exifting laws now of force, or that J^y1
may hereafter be made for the infpeclion of tobacco.
2, And be it further enabled, That the right of the faid warehoufeis hereby veiled mspeaorsap-
in Thompfon Lawfon, his heirs and afligns, who (hall be entitled to receive the fame1"' ^
ftorage as other infpe&ors, and that James Jones and Jeffe Armitrong be the in-
fpe&ors thereof.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives,
DAVID EMANUEL, Prefident of the Senate,
Concurred February n, 1797.
JARED IRWIN, Governor.
An actio efabli/Ji tobacco inflections at the feveral places herein after mentioned^ and
for improving the navigation of Broad River and Oconee River,
1. T) E IT ENACTED by the Senate and Houfe of Reprefentatives of the fate of^>ten'S ware-
-13 Georgia in General Affembly met, That there fhall be a tobacco infpeclion ef-ec!eesU 1S *'
tablifhed on the land of Reuben Eaflen, efq. on Broad River, at Davis' Ford, to
be known by the name of Eaflen's Warehoufe ; and that one other tobacco infpection L^e'Su-
be eftablifhed on the land of James Hughes, on Savannah River, near BarkefdaleVJ*
Ferry, to be known by the name of Hughes' Warehoufe; one other tobacco in- Darienware:
fpeftion to be eftablifhed at the mouth of the Alatamaha on the land of John M4In-eJU1,e
torn, to be known by the name of Darien Warehoufe: and that one other tobacco Lo"g B,uff
r-\ • t n 1 t'li 1 - • • warehouse e.Sf
infpe&ion be eftaolifhed at the Long Bluff on the Oconee River, in the county of ubiiahed>
Wafhington, to be called the Long Bluff Warehoufe; all of which fhall be fubject
to fuch rules and regulations as other warehoufes eftablifhed by law.
And whereas, the increafmg value of the lands in Savannah renders it impoffible
for any perfon or company to erect a warehoufe for the purpofe of ftoring and in-
ipecting tobacco at the prefent rates of ftorage :
2. Be it therefore enacted, That the rates of ftorage at the warehoufe erected or to Fif nts st(>
be erected in the faid city, be fifty cents per hogfhead. ^e,6l8aYSIB:
Andwhereas^, it is reprefented to the prefent General Affembly, that many of the
citizens of Elbert, Oglethorpe, Wilkes, Jackfon, and Franklin, are improperly
andunjuftly restrained from partaking of the advantages and benefits which nature
has ordained and granted them, by a number of perfons, whofe intereft it has be-
come to obftru£t and hinder the paffage of fiffi up the Broad River, by flopping the
current and ftream ; being in divers places by fifh dams and traps, fo as really to be-
come a monopoly to individuals^ and detrimental to the inhabitants bordering on the
faid river.
553 TOBACCO WAREHOUSES.
Sfth^hinnei4 3- Be it therefore enacted by the authority afore/aid, That all and every perfon or
t^b^kciHopenperibns flia.ll be obliged and compelled to leave at lead one fourth pan of the main
o/ fish* unS? channel of the laid Broad River, clear of all and every encumbrance whatever, except
hun^IcTdomfrs its natural obstructions, under the penalty of one hundred dollars for every day, any
obtruded " fuch artificial impediments now in the meaning of this acl remains unremoved, three
fourths thereof to any perfon or perfons, who (hall inform, profecute and convict the
offender ; the other fourth to the uic of the fund for opening and improving the navi-
rioviso. gation of the laid river : Provided, That no penalty impofed by this aft:, fhall take
place prior to the twenty-fifth day of February next.
Thtmiddie 4- And be it further enacted. That all that part of Broad River commonly called
coieman^and the Middle River, running between Coleman's and Anthony's mill dams, fhall before
e.fBr°o"dRWer and after its junftion with either of the rivers on which the faid mill dams are erected,
opai.kcpt be and is hereby declared to be a free paffage for fifh up the faid river, and to be clear
of all and every obstruction whatever, to the final junction of all its parts with the
main river aforefaid, and to the mouth thereof.
And I whereas, divers perfons inhabitants of the counties aforefaid, have already
fubfcribed confiderable fums for the purpofe of opening Broad River, from the fork
thereof to Peterfburgh, and others will it is expetled willingly fubfcribeto fo valua-
ble an objecl.
5. Be it therefore enacted, That on the firft day of May next, the fubfcribers that
.cribingtoopen then may be, are hereby authorized to meet, and from their own body choofe or ele£t
Broad Rner, / » .. . , / . . j • ' ■ 1 J r
fcvedircaorl "ve perions to act as commiilioners and agents to contract with any perlon or per-
fons, and at their discretion Superintend the carrying the work of opening the faid
river out of the funds that then may be in hand, and annually to renew the collec-
Theirpowers tions as they may judge advifable; and the faid fuperintendents or agents, fhall keep
regular anddiflinct accounts of all monies expended by them in carrying on the faid
Work, which mall be Submitted to the general and annual meeting of the fubfcribers
to the fund : Provided, That nothing herein contained fhall in any manner author-
ize they the faid fuperintendents or agents for clearing and improving the navigation of
the river aforefaid, to injure, impair or difturb either of the mills or dams belonging
froviso. to trie ^a^ Coleman and Anthony : And provided, That the faid dams fhall not extend
into the faid river farther than the iflands to which fuch dams are refpectively joined.
realty for id- 6, And be it farther enacled, That in cafe any perfon or perfons fhall fell any
tatoB^ftfv- trees, erect dams, or in any other manner injure or prejudice the navigation of the faid
er when open- rjyer vv}ien opened or improved, any fuch perfon fo offending fhall forfeit and pay the
Sum of one hundred dollars for every day fuch obstructions fhall remain unremoved;
how recovered three fourths thereof to the ufeof any perfon or perfons informing and profecuting
Rnd appued. tQ convjctjon the offender, the other part to the ufe of the fund for opening the na-
vigation aforcfaidj to be recovered in any court having cognizance thereof.
one fourth pan 7. And be it further enabled, That from and after the palling of this act, it Shall
River, andtul not be lawful for any perfon or perfons to flop or keep flopped the main fluices of
"outilft.rks" the Oconee River, from the Rock Landing up to the fork of the Appalachee and
keptopenfor ocor!ee Rivers, nor sip the faid river Oconee to the confluence of the two branches
the passag? 0/ vv,u"1' , , , x, 1 • 1 11 r 1 1 • • t 11 r s
mu thereof, called the north and middle forks, up the mam river to the mulberry fork,
and up the north fork to the cedar fhoals, and up the Said river Appalachee to the
underpenaity high fhoals ; but the Same is hereby declared to be at leaft one fourth part thereof, in*.
Slulrsperd^ eluding the main channel, a free paffage up the faid rivers for fifh; nor mall any per*
Son or perfons, under the penalty of one hundred dollars per -day, flop or caufe td
TOBACCO WAREHOUSES. 55;
be flopped more tnan three fourths of any part or parts of the rivers aforefaid, by Efh SS^J^Sf*^
darns or other obftructions whatever, to be recovered in any court of record having t"app00rint°c^.-
cognizance thereof; and that the judges of the inferior court of each county be au-SepTpen^a
thorized to appoint commiilioners to keep open the faid rivers, any law to the contra- "v
ry notwithstanding.
DAVID MERIWETHER, Speaker of the Houfe of RepreJentaHves.
ROBERT WALTON, Prefident of the Senate,
AfTented to February 15, 1799.
JAMES JACKSON, Governor.
An act for eflablifliing a ware houfe on the land of Claihorn Webb, on Broad River, and
one other warehoufe on the land of John Willhight, in the county of Elbert.
1. T3E IT ENACTED by the Senate and Houfe of Reprefentatives of the fate o/webb'swujs-
.13 Georgia in General Affembly met, and by the authority of the fame, That there ed-
fhall be a tobacco infpection eftablifhed on the land of Claiborn Webb, on Broad Ri-
ver, which fliali be known by the name of Webb's Warehoufe.
2. And that one othertobacco infpection fliali be eftablifhed on the land of John w»iihight»«
Willhight, in the fork of Broad River, in the county of Elbert, to be known by esuuhi.ed,
the name of Willhight's Warehoufe; which warehoufes fhall be fubject to fuch rules
and regulations as other warehoufes in this ftate now are or hereafter may be.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
DAVID EMANUEL, President of the Senate.
AfTented to November 30, 1799.
JAMES JACKSON, Governor.
An act to efabliJJo a tobacco infpection in the county of Oglethorpe, on lands of
John Griffith.
BE IT ENACTED by the Senate and HoufeofReprefentativesof.theflateof
Georgia in General Affembly met, and by the authority of the fame, That there
fhall be a tobacco infpeBion eftablifhed on the land of John Griffith, on Broad
River, to be known by the name of Griffith's Warehoufe; which faid warehoufe or
tobacco infpecVion fliali be fubje£l to fuch rules and regulations as other tobacco in-
fpe8ions, eftablifhed by law in this ftate.
DAVID MERIWETHER, Speaker of the Houfe of Reprefe?itatives.
DAVID EMANUEL, Prefident of the Senate,
A (Tented to December 5th, 1800.
JAMES JACKSON, Governor,
frsttmble.
5$o UNIVERSITY, COLLEGE AND- ACADEMY.
By the reprefentatives of the freemen of the fate of Georgia in General Affemhly Viet9
and by the authority of the fame.
An act for the more full and complete efablifhmcnl of a public feat of learning in this fate*
AS it is the diftinguifhing happinefs of free governments that civil order fhould
be the refult of choice and not neceffity, and the common wifhes of the
people become the laws of the land, their public profperity and even exiftence
very much depends upon fuitably forming the minds and morals of their citizens*
When the minds of the people in general are vicioufiy difpofed arid unprincipled*
and their conduct diforderly, a free government will be attended with greater con-
fufions and evils more horrid than the wild uncultivated Rate of nature: It can
only be happy where the public principles and opinions are properly directed and
their manners regulated. This is an influence beyond the {ketch of laws and pu-
nifhments, and can. be claimed only by religion and education. It mould therefore
be among the firft objects of thofe who wifh well to the national profperity, to encou-
rage and fupport the principles of religion andmorality^ and early to place the youth
under the forming hand of fociety, that by inflruction they may be moulded. to the
love of virtue and good order. Sending them abroad to other countries for their edu-
cation will not anfwer thefe purpofes, is too humiliating an acknowledgment of the
ignorance or inferiority of our own, and will always be the eaufe of fo great foreign
attachments, that upon principles of policy it is inadmiffible,
This country, in the times of our common danger and diflrefs, found fecurity in
the principles and abilities which wife regulations had before eftablifhed in the minds of
our countrymen ; that our prefent happinefs, joined to the pleafing profpe&s, fhould
corifpire to make us feel ourfclves under the itrongeft obligation to form the youth,
the rifing hope of our land, to render the like glorious and effential fervices to our
country.
And whereas, for the great purpofe of internal education, divers allotments of land
have at different times been made, particularly at their feffions in July, one thoufand
feven hundred and eighty-three, and February, one thoufand (even hundred and
eighty-four, all of which may be' comprehended and made the bafis of one general
and complete eftablifhment: Therefore, the reprefeniatives of the freemen of the fate
of Georgia in General Affembly met, this twenty -feVtnth day of January, in the year
of our Lord one thoufand feven hundred and eighty-five, enact, ordain and declare,
and by thefe prefents it is enacted, ordained and declared- —
~i. The general fuperintendence and regulation of the literature of this date, and
in particular of the public feat of learnings (hall be committed and intrufted to the
governor and council, the fpeaker of the Houfe of Affembly, and the chief juftice
of the Mate, for the time being, who (hall ex-ofhcio compofe one board, denominated
SennSS " The Board of Vifitors,"* hereby veiled with ail the powers of vifitation, 'to fee
?a°tureT«rlite"that the intent of this inftitution is carried intoeffeft; and John Houftoun,. James
Ko^natea Hab'erfham, William Few, Jofeph Clay, Abraham Baldwin, William Houftoun,
Nathan Brownfon, John Haberfham, Abiel Holmes, Jenkin Davies, Hugh Lawfon,
Tioth hoards u- William Glafcock, and Benjamin Taliaferro, efqrs.' who fhall compofe another
cI'tHS-1* board, denominated "The Board of Truflees;" Thefe two boards united, or a
iBsAcademi- majority of each of them, fhall compofe the " Senatus Academicus of the Univer-
fity of Georgia."
* Board of vifitors defined by^ift of *#oo, fe&. 3,
Jots defined,
UNIVERSITY, COLLEGE AND ACADEMY, 561
2. All ftatutes, laws, and ordinances, for the government of the univerfity, flial! mlkluwML
be made and enacled by the boards united, or a majority of each of them, fubjecl wlp* tdbcK-
always to be laid before the General Affembly, as often as required, and to be re- Suture. *
pealed or difallowed, as the General Affembly fhall think proper.
3. Property veiled in the univerfity fliall never be fold without the joint concur- f™1^'
rence of the two boards, and by an a 61 of the legislature, but the leafing, farming ty.nov ■
~ J O . ■ _ ' o? e? sold wuljcut
and managing of the property of the univerfity for its conftant fupport, fliall be the ^fccSJ°.fd
bufinefs of the board of truftees ; for this purpofe they are hereby conftituted a body Trultf«in«£
corporate, and politic, by the name of " The Truftees of the Univerfity of Georgia," PW3ted-
by which they fhall have perpetual fucceffion, and fhall and may be a perfon in law,
capable to plead, and be impleaded, defend, and be defended, anfwer, and be an-
fwered unto, alfo to have, take, poffefs, acquire, purchafe, or otherwife, receive
lands, tenements, hereditaments, goods, chattels or other eftates, and the fame to
leafe, ufc, manage, or improve, for the good and benefit of faid univerfity, and ail
property given or granted to or by the government of this (late for the advancement
of learning in general, is hereby veiled in fuch truftees, in truft as herein defcribed.
4. As the appointment of a perfon to be the prefident and head of the univerfity pres!dent of
is one of the firft and mofl important concerns, on its refpe6l and ufefulnefs greatly ^l"%l^d
depend, the board of truftees fhall firft examine and nominate, but the appointment g,^^0
of the prefident fhall be by the two boards jointly, who fhall alfo have the power bffivteike'
removing him from office for m'fdemeanor, unfaithfulnefs, or incapacity A
5. There fhall be a flated annual meeting, of the Senatus Academicus at the uni- senatus Acad<-
n . 11 • i-iiiri 1-11 uncustomed.
vcrhty, or at any other place or time to be appointed by themlelves, at which the aanua,1y-
Records to h^
be formed <r.
le interim.
Trustee* te fill
acancies in
governor of the ftate or in his abfence, the prefident of the council fliall prefide, their
records to be kept by the fecretary of the univerfity. ^^dr
6. As the affairs and bufinefs of the univerfity may make more frequent meetings Board, ho*
of the truftees neceffary, the prefident and two of the members are empowered to tif ~
appoint a meeting of the board, notice always to be given to the reft, or letters left at
the ufual places of their abode, at leafl fourteen days before the faid meeting, kven
of the truftees thus convened fhall be a legal meeting. In cafe of the death, ab-
fence, or incapacity of the prefident the feniortruff.ee fliall prefide ; the majority of
the members prefent fhall be confidered a vote of the whole, and where the mem-
bers are divided the prefident fhall have a calling vote; Provided always, That1"'9"5*'
nothing done at thefe fpecial meetings, fhall have any force or efficacy after the rifing
of the then next annual meeting of the truftees.
7. The truftees fhall have the power of filling up all vacancies of their own board, Z
and appointing profeffors, tutors, fecretary, treafurers, ftewards, or any other of- boan'a£i
ficers which they may think neceffary, and the fame to difcontinue or remove, as they officer"!0"
may think fit; but not without feven of their number, at leaft, concurring in fuch
acl.
8. The truftees fliall prefcribe the courfe of public ftudics, appoint the falaries or shaii regulate
tne different officers, form, and ufe a public feal, adjuft and determine the expen- priw^tadfc*,
qes, and adopt fuch regulations, not otherwife provided for, which the good of the
univerfity may render neceffary.
9. All officers appointed to the inftru61ion and government of the univerfity fhall
be of thechriftian religion ; and within three months after they enter upon the exe- beofitecMi.
cution of their truft, fhall publicly take the oath of allegiance and fidelity, and the tak/ap o^u.
oaths of office prefcribed in the ftatutes of the univerfity. the prefident. before the
4 R
5-52 UNIVERSITY, COLLEGE AND ACADEMY.
governor or prefident of the council, and all other officers before the prefident of the
univerfity.
ofsceefe. stu- 1 °- ^he prefident, profeffors, tutors, ftudents, and all officers and fcrvants of
empt'ffomemi. tne univerfity whole office require their conftant attendance, ihall be, and they are
litiadutjr. hereby excufed from military duty, and from all other fuch like duties and fervices,
LindseKempt and all lands and other property of the univerfity is hereby exempted from taxation,
Rdiigiou^en- a. The truftees mall not exclude any perfon of any religious denomination what-
no disquaiifica- foever, from free and equal liberty and advantages of education, or from any of the
liberties, privileges and immunities of the univerfity in his education, on account of his,
her or their fpeculative fentiments in religion, or being of a different religious profef-
iion.
president of the 12. The prefident of the univerfity, with the confen" of the truftees, fhall have
university with , r / » _ '
8haiih'awepow- PAWer to give and confer all honors, degrees and licenfes, as are ufuaily conferred in
honbreT&c. colleges or imiverfities, and fliall always prefide at the meeting of the truftees, and at
all the public exercifes of the univerfity.
sonatas Acade- 13. The Senatus Academicus at' their ftated annual meetings fliall confuk and ad-
exercil* their vife, not only upon the affairs of the univerfity, but alfo to remedy the defeats, and
superintend- ■;l . » . '.'-.■".
enceofiuera- advance the interefts of literature through the date in general. For this purpofe it
t»re hi this ° ,°. .rr.
state. {]lal| be the bufmefs of the members, previous to their meeting, to obtain an acquaint-
ance with the ftate, and regulations of the fchools and places of education in their
refpeclive counties, that they may be thus pofleffed of the whole, and have it lie be-
fore them for mutual affiftance and deliberation. Upon this information they fhall
recommend what kind of fchools and academies fhall be instituted, agreeably to the
conftitution, in the feveral parts of the ftate, and pr.efcribe what branches of in-
ftruclion fhall be taught and inculcated in each. They ihall alfo examine, and re-
commend the inftructors to be employed in them, or appoint perfons for that pur-
pofe. The prefident of the univerfity as often as the duties of his ftation will permit,
and fomeof the members, atieaft once in a year, (hail vifit them, and examine into
their order and performances.
mi public 14- All public fchools, inflituted or to be fupported by funds or public monies, in
contlderedal this ftate, fhall be confidered as parts or members of the univerfity, and fhall be under
veScylh£U!1" the foregoing directions and regulations.
Trustees**™- 15.. Whatfoever public meafures are necefiary to be adopted for accomplishing
cosary public thele great and important defigns, the truftees fhali from time to time reprefent and
measure* to the , . tr . r
lecture. jay before the General Affembly.
Aiiiawscon- %$• All laws and ordinances heretofore paffed in any wife contrary to the true in-
a'ct7eil-akd. tent and meaning of the premifes, are hereby repealed, and declared to be null and
void.
_. , rf . 17. In full teftimony and confirmation of this charter, ordinance and conftitu-
This smarter to I J , ,
4c..ted.>P'J aad lion, and all the articles therein contained, The rcprefentatives of the freemen of the
fiaie of Georgia in General Affembly, hereby order, That this act fhall be figned by.
the honorable Jofeph Haberfham, efqr. fpeaker of the Houfe of Affembly, and
fealed with the public feal of this flate, and the fame, or the enrolment thereof in the
records of this ftate, mall be good and effectual in law, to have and to hold the
powers, privileges, and immunities, and all and lingular the premifes herein given,
or which are meant, mentioned or intended to be hereby given, to the faid board of
viiitors and truftees, and to their fucceffors in office for ever.
JOSEPH HABERSHAM? SpHktr.
Savannah, January 27, 1785,
UNIVERSITY, COLLEGE AND ACADEMY. 503
An abl to repeal an ordinance pa/fed at Augvfta the twenty -Jixth day of January, one
tlioufand [even hundred and eighty -fix, jo far as refp eels fixing the J eat of the uni-
verfty of thisfilate, and " An act Jor the more fill and complete efiablijhment of a-
public feat of learning in this fate, fo far as refpebls the appointment of trujltts"
pefijed at Savannah the twenty -feventh day of January, one tlioufand Jcven hundred
and eighty-five ; and to appoint a board of trufiees, and to define the board of vifilors,
and to fix a permanent feat for the f aid univcrfity>
1- W 7HERE.AS the aforefaid recited a£ta have not been carried into cfFecl, and •■Ereamrte
V V rnany of the original board have died and removed, i'o that doubts have
atifen whether there is in exigence a legal board: for remedy whereof, Be it enabled
by the Senate and Houfe of Reprefentatives of the flat c of Georgia in General Affemhly
7net, and by the authority of tht fame, That the permanent feat of the univerhty (hall seat of the
be in the county of Jackfon, Franklin,, Hancock, Greene, Oglethorpe, Wilkes, u,iue,sltT'
or Warren.
2. And be it further enabled^ That Abraham Baldwin, Hugh Lawfon, Benjamin [J^JJ^S^
Taliaferro, Jofepn"Clay, jun. James Jackfon, John Twiggs, John Clarke (of Wilkes)
the rev. Robert M. Cunningham, John Milledge, Joliah Tatnall, jun. Ferdinand
O'Neal, John Stewart and James M'Neil, mall compofe the board of trufiees, whole
duty it fball be to carry this inflitution completely into effect.
3. And be it further enabled, That the governor, the judges of the fuperior courts, Boardofv?-
the prehdent of the Senate, the fpeaker of the Houfe of Reprefentatives, and the''tsl
fenators from the different counties (except the counties in which the governor, the
judges, the prendent of the Senate and fpeaker of the Houfe of Reprefentafives for
the time being (hall relide) who (hall form a board of vifkors, whole duty it mail be Their power.
to Superintend and regulate the literature o[ this ftate, and in particular of the public
feat of learning.
4. And be it further enabled^ That it (hall be the duty of the board of trufiees to B,ar(loftriiai
ca!! on all perfons who may be in poffeiliori, or who have been in pofTeffion of any causou^«ons
funds, papers or books belonging to the faid univerfky in any manner whatever," to r!emn lr l\Jra."
make fettlements with and deliver over faid property into the hands of them, or aeSnymp<M
committee appointed for that purpofe; and in cafe of failure, to commence fuifs , ld
for the fame: and that thev the faid trultees be and thev are hereby veiled with allwlt
the powers given by the charter palled the twenty-feventh day of January, oneUL
thoufand feven hundred and eighty-five.
5. And be it further enabled. That fo much of the before recited a 6b as militate
againit this aft, be and the fame is hereby repealed.
DAVID MERIWETHER, Speaker of the Hoifeof ReprefmUlives,
DAVID EMANUEL, Prefident oj the Senate,
A (Ten ted to December 5, i8oo.
JAMES JACKSON, Governor.
g
no\1
564
UNIVERSITY, COLLEGE AND ACADEMY.
The Orplian-
Hoiwe l state
•»csteii in the
formless ef
"Huntingdon,
All vacant land
jrcervcd for
the use of the
academy.
Proviso
Not exceeding
5000 acres.
One.t liousand
poandd wwth
ul confiscated
pi iperty to te
p t into '.ae
fundi oi the
it tee*.
! .,;■'•'«< ap-
ji„iiiled.
S.e pea ling
CUUSC.
An act to eJiabliJJi an academy in the county of Chatham, and for vefting certain pro-
perty in Selina, countefs dowager of Huntingdon.
1 It and 2d Seftions of this aft refpefts the property of the rev. Bartholomew Zu-
bcrbuhler — repealed by. aft of December the 8th, 1791.
3. And whereas there is in this (late a very coniiderable property, as well real as
perfonal, known and diftinguifhed by the name of Bethefda College or Orphan-Houie
eftate, originally intended for an academy, and devifed in truft by the late rev. George
White fie Id for literary and benevolent purpofes, to Selina, countefs of Huntingdon:
Be it enacted by the authority afore/aid, That the faid eftate be vefted in the faid Seli-
na, countefs of Huntingdon, any law to the contrary notwithstanding.
4th and 5th Seftions relates to Zuberbuhler's eltate. See note upon iff and 2d feft,
6. And whereas there may be in the faid county of Chatham lands unlocated and
not granted: Be it further enabled, That all fuch vacant lands not contained within
any traft for which a grant has been obtained, be referved for the ufe of the faid aca-
demy or feminary of learning: Provided, That the quantity of vacant land thus
referved mail not exceed five thoufand acres.
7. And be it enacted by the authority afore/aid, That one thoufand pounds fpecie
of confifcated property lying in the county of Chatham, be put into the hands of
the faid truftees by the fheriff of the faid county, or fuch other officer as may be in
the lawful poffeffion of fuch property, or legally entitled to fuch poffeffion.
8. And be it enacted by the authority aforefaid, That the following perfons be and
they are hereby appointed truftees for the faid academy, viz. John Houftoun, John
Habcrfham, William Gibbons, fen. William Stevens, Richard Wyly, James Houf-
toun, Samuel Elbert, Seth John Cuthbert, and Jofeph Clay, jun. efqrs.
9. And be it further enacted by the authority aforefaid, That if either of the truftees
before nominated fhould refufe to accept fuch appointment, or if after his acceptance
he (hould refign or die, his place (hall be fupplied in the following manner, to wit:
the remaining truftees, or a majority of them, mall nominate three perfons, one of
whom fhall be appointed by the executive to fupply the vacancy.
10. And be it further enacted by the authority aforefaid, That all afts appropriating
any fums or allotments for faid academy, be and the fame are hereby repealed.
NATHAN BROWNSON, Speaker,
Augufta, February 1, 1788.
Preamble.
An act to quiet the heirs and reprefentatives of the late rev. Bartholomew Zuberbuhlcr
in and to af certain eftate, lying and being in the counties of Chatham and Glynn,
i.Ty^THEREAS the aforefaid Bartholomew Zuberbuhler, in and by his laft will
V V and teftament, made certain difpofitions of his eftate for benevolent pur-
pofes, which were declared by the legiflature of the ftate of Georgia to be impracti-
cable, and could not be carried into execution in and by an aft, entitled " An aft to
eftablilh an academy in the county of Chatham, and for vefting certain property in
Selina, countefs dowager of Huntingdon," paffed at Augufta the firft day of Febru-
ary, one thoufand feven hundred and eighty-eight; and it further appearing by the
UNIVERSITY, COLLEGE AND ACADEMY. $6$
[aid acl, that the rights of any perfon legally the heirs of the faid Bartholomew Zu-
berbuhler ihoukl not be barred from their claims : And whereas the legiflature, by
their aft palled at Augufta on the third day of February, one thoufand {'even hun-
dred and ninety-nine, did declare, that Bartholomew and Jacob Waldburger, being
then in poifemon of the faid eftate, mould keep the fame, fubjeft: to an aOion of
ejectment or claim of the faid truftees, that the right of the heirs and applicants to
the fame might be determined :
Be it therefore enacted. That the real eftate of the faid Bartholomew Zuberbuhler.,
J ' • i\ r ^ £ estate real
and of which he died polfefled, or was entitled to in the then province, now it ate oi'|ndje-s°«alof
Georgia, fhall go to and be veiled in the faid Bartholomew Waldburger, as eldeft foil ^SSa^SieA
and heir of his father, Jacob Waldburger, who was the nephew of the faid Bartho- j^wj^ur.
lomew Zuberbuhler, to hold to him the faid Bartholomew Waldburger, his heirs and Ker'dec*a8ed'
affigns forever. And as to the perfonal eftate of the faid Bartholomew Zuberbuhler,
it (hall go to and be equally divided amongft the faid Bartholomew Waldburger, Ja-
cob Waldburger, and Henrietta, the wife of Zachariah Hofkins, fons and daughter
of the deceafed Jacob Waldburger, being the grand nephews and niece of the faid
Bartholomew Zuberbuhler, and to their and each of their heirs and affigns forever,
any law to the contrary notwithftanding; fubject neverthelefs to the payment of law-
ful and juft debts due and owing from the eftate of the faid Bartholomew Zuberbuh-
ler; and fuch eftate to be affets in the hands of the faid Bartholomew and Jacob
Waldburger, and fubjeft alfoto an annuity of one hundred pounds for four years, paymmtYf18
payable to the truftees of the academy of the county of Chatham, to be applied for pomid^ttie
by them and their fucceffors in office for the fupport of the faid academy : on failure trU5te
thereof, the truftees aforefaicl are empowered to fue for and recover the fame againft
the faid Bartholomew and Jacob Waldburger, in any of the courts of law within this
Rate.
2. And be it further enabled. That all claims of the faid truftees of Chatham coun- ofthetrustee*
ty in and to the faid eftate of the faid Bartholomew Zuberbuhler (except as to the
annuity herein directed to be paid) (hall be and is hereby barred.
WILLIAM GIBBONS, Speaker of the Houfe of Representatives..
NATHAN BROWNSON, Prefident of the Senate.
EDWARD TELFAIR, Governor.
December 8, 1791.
An act to explain an act, entitled " An act to efablifh an academy in the county of ChaU
ham, and for vejhng certain property in Selina, countefs dowager of Huntingdon.
*• XJITHEREAS there is in this ftate a confiderable property, real and perfonal, PrMmbie.
V V known and diftinguifhed by the appellation of Bethefda College or Or-
phan-Houfe eftate, originally intended for an academy, and devifed in truft by the late
rev. George Whitefield for literary and benevolent purpofes, to Selina, countefs
dowager of Huntingdon, and the fame was, in and by an a&, entitled " An act to efta-
blim an academy in the county of Chatham, and for veiling certain property in Seli-
na, countefs dowager of Huntingdon," veiled in her accordingly : And whereas, the
faid Selina, countefs dowager of Huntingdon, was a Britiih fubjeft, and is, fince the
pairing of the faid aft, departed this life, whereby the faid truft is concluded, and the
566 UNIVERSITY, COLLEGE AND ACADEMY.
heirs of thefaid Selina being likewife Britifn fubje&s and non-refidcnts, are incapable
of receiving or executing the fame, and it therefore becomes neceffary for the legifla-
ture to explain their intention refpeQing the premifes, as well to effect the end for
orphan-house which the fame was devifed, as to remove all doubts, in and concerning the fame: Be
ttecJffitcxrf if enacted by the Senate and Houfe of Reprefenlalives of the fate of Georgia in General
luMue'.'^uwlc'r Aflcmbly met. That the true intent and meaning of the faid aft was, and the fame fnall
natural lii" *-*
be conftrued to have been a veiling of the faid Bethefda College or Orphan-Houfe;
eflate in the faid Selina, in trull for benevolent and literary purpofes, only during her
natural life, and no longer.
Thepmpertyof 2. And be it further enacted, That the faid property both real and perfonal called
u'iin'thineea Bethefda College, or Orphari-Houfe ellate, as aforefaid, mall from and after the paf-
ever- • fins; of this aft, be under the in fpeclion of thirteen truftees, a majority of whom mail
'1 Jie ir powers 1 ' ' * ** ' *
for the Eovcrn- have power to employ fuch profeffors and tutors, and to eftablifh fuch rules and re^u-
kdl»Betlef-al" 'atlons *or adrnimon into and the governance of thefaid college, and to employ fuch
^~" overfeers and managers for the working the faid eftate to advantage, and to do all
other, and further atls and things in and concerning the fame as they may think ne-
ceffary and beneficial for carrying the original intention of the aforefaid inftitution
into full effect, to hold the fame, and the powers hereby veiled to the faid truftees
and their fucceffors in office for ever.
incorporated. g> jin^ fre it further enacted, That the truftees hereby appointed, fha!l be and
they are hereby declared a body corporate, and as fuch fhall be authorized to ufe a
proviso; common leal, and fhall be liable to fue and be fued. Provided, That no action fhall
be brought againfl the faid truftees for the term of two years after the paffing of this
aft.
Trustees norm- a. And be it further enabled* That George Houfloun, William Stevens, William
Gibbons, fen. Jofeph Haberfham, Jofeph Clay, junr. William Gibbons, junr,
John Morell, Joliah Tatnall, junr. John Milledge, James Whitehead, junr. George
Jones, Jacob Waldburger, and James Jackfon mall be, and they are hereby ap-
pointed truftees for the purpofes hereby intended; and in cafe of vacancv either by.
Vacancies i * r r * m . * '**
death, refignation or ether means, the faid truftees or a majority of them, fhall bal-
lot for three perfons, out of whom his excellency the governor fhall iete& one to fill
the fame,
shaii account 5' And be it further enacted, That the faid truftees, or a majority of them^ fhall
•' ^ovcrnsr. once in every year well, truly and faithfully account for, and have their accounts, re-
ceipts, and expenditures, in and concerning the premifes, audited, and the fame with
a copy of their proceedings, laid before the governor for public information.
WILLIAM GIBBONS, Speaker of the Houfe of Reprefeniativcs.
NATHAN BROWNSON, Preft dent of the Senate,
EDWARD TELFAIR, Governor*
December 20, ij$i<
UNIVERSITY, COLLEGE AND ACADEMY. 567
An act for efablifliing an academy or feminary of learning at Sunbury in the county of
Liberty.
1. "^TIT 7" HERE AS the legiflature in compliance with the conftitution, and from thePreambie-
f Y great advantages that neceffarily refuk from the eftabliihment of public
feminarics, did by their refolve of the fourteenth of February, one thoufand icven
hundred and eighty-fix, appropriate or fet apart unfold confifcated property, in the
county of Liberty aforefaid, to the amount of one thoufand pounds, and empower
certain commiffioners therein named, to fell and difpofeof the fame for the faid pur-
pofe, who have hitherto declined acting under the faid appointments. Be it there- „ . .
* ' ~ 11 Commissioners
fore enacted by the freemen of the fate of Georgia in General Affembly met, and by the an- ujf0^^ f
thority of the fame, That Abel Holmes, James Dunwoody, John Elliot, Gideon wkh$w™%'
Doufe, and Peter Wynn, be, and are hereby appointed commiffioners of the Sum- per10pei't'y'swthle
bury academy, with full power and authority for them, or a majority of them to fell tf3£ndfone
and difpofe of any confifcated property within the county of Liberty, at public fale, ^emKlb fur lt3
fir ft giving thirty days' notice in one of the gazettes of this ftate, to the amount of
one thoufand pounds as aforefaid, which fhall remain in their hands, to be appropria-
ted, to the building a fuitable houfe for the faid academy.
2. And be it further enacted, That each of the faid commiffioners fhall previous shaii give bond
to their acting, give bond to his honor the governor for the time being, in the fbmthe governor0
of one thoufand pounds, for the faithful difcharge of faid truft, and for their re-
turning into the public treafury of this ftate, any monies arifing from the faid fale of
confifcated property which may remain in their hands over and above the fum by this
a 61: veiled in them.
NATHAN BROWNSON, Speaker.
Atigufta, February 1, 1788.
An act for erecting and efablijhing an academy in the town of Louifville, and for other
purpofes therein mentioned.
HEREAS it is of the greateft utility and importance in ail well regulated gov- *»«*«■!
ernments, to encourage and promote the education of youth, and the promo-
tion and advancement of ufeful learning. And whereas there is not at this time
any academy eftablifhed for the purpofes aforefaid in the faid town.
1. Be it therefore enacted by the Senate and Houfe of Reprefentatives of the fate o/^^Z^aIIT
Georgia in General A Jembly met, and by the authority of the fame, That the re^L^ST*
David Bothwell, John Shellman, James Meriwether, John Cobbs, and Jofiah
Sterrett, be, and they are hereby appointed commiffioners for carrying into effett
the intention of this aft, as is hereafter pointed out.
2. And be it further enacted by the authority aforefaid, That the faid commiffioners Empowered w
of Louifville be and they are hereby direfted, to lay out forty acres of the land re- seU cerWm l°*"
ferved for the faid academy, and belonging to the faid town of Louifville, into four
acre lots, and alfo one acre lot for ere6ting the faid academy on, and deliver a plan
thereof to the commiffioners or truftees of the laid academy, who are hereby autho-
rized and empowered to fell the faid four acre lots to the higheft bidder, and fhall con-
568 VAGABONDS,
vey the fame to the purchafer or purchafers in a full and ample manner, expreffing in
the deed or conveyance the intention of the fale of fuch lots.
Anito-purcime 3* And whereas, other counties of the faid (late have been empowered by preceding
pound\8worti» legidatures to purchafe confifcated property to the amount of one thoufand pounds,
p"rope*tfiy.cated for the purpofe of erecting academies: Be it therefore further enacted by the authority
aforefaid, That the faid commiffioners or truftees of the faid academy be and are
hereby authorized in like manner, to purchafe fuch confifcated property at the fird fale
or fales that may take place, to the amount of one thoufand pounds, and apply the
fame as heretofore directed.
¥ow!rdtoe«a 4' ^n^ ^e ^ further enabled by the authority aforefaid, That the faid commiffioners
thtacademy, or iruftees of the faid academy be, and they are hereby authorized and empowered,
as foon as they fhall be enabled by the fund arifing from the fale of the aforementioned
four acre lots and confifcated property, to erect on the faid one acre lot that fhall be
laid out on the molt eligible place and convenient fituation for that purpofe, a building
commodious and proper to anfwer the intention of this act, as an academy aforefaid,
and to enter into fuch contracts for erecting the fame, as raav be thought mod advan-
tageous for the faid fund by a majority of the faid commiffioners, and further to pro-
cure and agree with proper mailers and profeffors for the teaching, inftrufting and
ruling the fame, and to *inftitute fuch bye-laws for the increasing the faid fund and
better governing the faid academy, as to the faid commiffioners may appear beil adap-
ted for the purpofes aforefaid.
shaHaceouat 5. And be it further enacted by the authority aforefaid, That the faid commiffioners
SJmvwnW, or truftees fhall, yearly and every year, render a juft and true account of the fund of
displaced. the faid academy to the governor for the time being, or his fucceffors in office, for ex-
amination, and if found guilty of mal-praclice, fuch offending commiffioners ihali
be difplaced, and others appointed for that purpofe in his or their room.
THOMAS STEVENS, Speaker of the Houfe of Reprejentatives,
BENJAMIN TALIAFERRO, Prefi dent of the Senate,
-Concurred February 22, 1796.
JARED IRWIN, Governor.
VAGABONDS.
PrgjwVe,
An act to amend an ait entitled " An act for the punijlimeni of vagabonds and other
idle and dijorderly persons," pafjed the twenty-ninth day of February , one thoufand
feven hundred and fixty four.
i.T 71 THERE AS divers idle and diforderly perfons, having no viable eftate or
V V lawful employment, and who are able-bodied men, capable of laboring
for their fupport, yet frequently (troll from divers parts of the world to this ftate,
and from one county to another within the fame, neglecting to labor or to follow any
honeft employment for their fupport, and either failing altogether to lift thcmfelves as
tithablesj or by their idle and diforderly life rendering themielves incapable of paying
VAGABONDS, 6%
iheir levies when lifted, by which means they become a pell to fociety.: for remedy
whereof, Be it enacted by the reprefentatives of the freemen of the flat e of Georgia in
General Affembly met, and by the authority of the fame, That all able-bodied perfons, Vci-,0^ista,,
not having fome vifible property, or who do not follow fome honeft employment, cCvai£',bonas'
fufficient for the fupport of themfelves and for their families (if any), and who (hall
be found loitering and negleBingto labor for reafonable wages, and likewife all per-
fons who run from their habitations, and have wives or children, without fuitable
means for their fubfiftence'j and all other idle vagrants or diforderly perfons, wan-
dering abroad without betaking themfelves to fome lawful employment or honeli la-
bor, fhall be deemed and adjudged vagabonds.
2. And be it enatled by the authority of or ef aid, That if any fuch vagabonds asHo*t»t«
aforefaid fhall be found within any county in this Hate, wandering, (trolling, loitering
about or mifbehaving himfelf, it mail he lawful for any juftice of the peace of the
county, on application to him made or on his own knowledge, and he is hereby re-
quired, by a warrant under his hand, to caufe fuch vagabond to be brought before May be takes
him, and to examine and inform himfelf, as well by the oath and examination of theup'
perfon apprehended, as of any other perfon or perfons whatsoever, or by any other
Ways or means the juftice fhall think proper, of the condition and circumftance of
the perfon or perfons fo apprehended, and if it mail then appear that any perfon fb
apprehended is under the defcription of vagabonds within this a£l, or if it doth ap-
pear upon trial that any fuch perfon doth not cultivate at leaft three acres of ground
in fome grain or other, or that he is of fome mechanic trade, and works at that trade
For his fupport, or that he is in fome honeft employment engaged by the ftate or fome
citizen thereof of good fame, that then and in that cafe the faid juftice fhall caufe
every fuch vagabond to give bond with fufficient fecurity for his good behaviour, and t^^f^f
for his engaging himfelf to fome lawful calling or honeft labor; and if he fhall fail to ty'u
give fuch fecurity to the fatisfaclion of the juftice, then the faid juftice is hereby re-
quired to commit him to the common jail of the county, there to remain until fuch brbect»mmit.
fecurity be given, or until the next fuperior court of the faid County; which court istedt°Jaii-
hereby emoowered, if no fecurity be then offered, to bind fuch vagabond to fervice Maybe bound
«( * - - ? J ,° out by the su-
or wages for the term of one year; and fuch wages, after deducting the charge of 'peruweoutt.
the profecution and hisneceiTary clothing, fliall be applied towards fupporting the fa- .
mily of fuch perfon fo bound (if any) or otherwife paid to the perfon himfelf after
his time of fervice is expired, in full of all other recompence or reward whatever;
but if any fuch vagabond be of fuch evil repute that no perfon will receive him into
fervice, in fuch cafe the court fhall order him a number of lames, not exceeding thir- 0fV?h'£p^
' ' o not exceeding
ty-nine, to be well laid on his bare back at the public whippingpoft, and then to be i^"e5s';nins
difcharged; and in both cafes every fuch vagabond fhall be afterwards liable to the
like profecution and punifnment for every offence of vagrancy whereof he fhall be
guilty as aforefaid: Provided neverthelefs, That any fuch vagrant or idle perfon upon pro™*,
his inlifting and taking the oath pointed out by law, and fully becoming a foldier in:0r;uUi,
the new levies, mail be exempted from the purnihments heretofore and herein inflict-
ed by this ac~i,
3. And whereas it may be that fome evil difpofed perfons, after having committed
fome felonious crime againft the laws and good order of fome one of the ftates of the
Union, and after heing apprehended and found guilty of the charge, fo far as to be
committed to jail, or to have been bound in a recognizance to appear before any
court of record for further trialj and have fmce either broke jail or from the cuftocly of
570 VENDUES.
the officer, or have forfeited their recognizance, and have fled from the laws of the
ftate where the crime was committed and have come to this ftate for refuge, to the
criminals flee- great prejudice of the fame: Be it therefore enabled by the authority afore/aid, That
Itftesto bead- any perfon now within the limits of this ftate, or that may hereafter come within the
i>uon^dvaga" fame, who may have been found guilty of any felonious crime prior to his coming
ted^otue/re- within this ftate, fa far as to have been committed to jail for the fame, or to have been
bound in a recognizance to appear before any court of record for further trial, and
has fince broke jail or from the cuftody of the officer, or have forfeited their recog-
nizance, and fled from the laws of the ftate where the crime was committed and done,
in any inch cafe the faid perfon or perfons fhall be deemed and adjudged vagrants,
and fubjecl to all the pains and penalties expreffed in this law, and fhall be confined
in jail until applied for by the executive authority of the ftate where the crime was
committed, or until the executive of this ftate fhall find it convenient to fend fuch
offender or offenders under a fife guard to the ftate where the crime was committed
«nd done.
By order of the Houfe.
N. BROWN SON, Speaker.
February i< 1788.
VENDUES,
An act for the better regulating of vendues within this fate,
fttxxMc. 1, "fHTT HERE AS it appears necefTary for promoting the revenue of the ftate, and
W encouraging the commerce of the fame, that the fale of goods at public
vendue ihould be fubje6l to better regulations than heretofore.
ve»uiuemasten Be it therefore enacted, and it is hereby enacted by the freemen of the ftate of Georgia
burKUandstun* *n General Affembly met, and by the authority of the fame, That from and after the paf-
«d"orbtwopoint" ^nS °f tn's a^j f°ur vendue mafters fnall be appointed for the town of Savannah,
years. one for t]ie town 0f Augufta, one for the town of Sunbury, and one for the town of
arSj«Hrity!Bd St. Mary's, who fhall continue for, and during the term of two years, and fhall
**• give bond to the governor and his fuccefforsin office with two fufficient fecurities in the
fum of one thoufand pounds for the faithful difcharge of their duties, and for well
and truly performing the terms and payments in and by this a£t directed and require
ed.
2. And be it further enabled by the authority aforefaid, That the faid vendue rriaf-
andduty. ters and no others, fhall from and after the paffing of this aft, have full power and
authority to fet up and expofe to fale by public outcry, and vendue all and any hou-
fes, lands, fhips and veflels, goods and wares and merchandize and property what-
siuii Pay inu -foever, rendering and paying to the ftate treafurer for the ufe of the ftate, one per
wepweeat'on centum of the grofs amount of the fale fo by him or them made as aforefaid, in man-
ner following, that is to fay, that each and every of the faid vendue mafters} fhall once
VENDUES. m
in every three months render an account upon oath to the faid treafurer (which oath
any judge or juftice of the peace is hereby empowered to adminifter ; and the trea-
furer is hereby directed to file the faid account with the faid oath in his office) of all
the effe&s and property by him or them fold at any time before the faid time of ren-
dering the faid account, and fince his laft fettlement, and fhall then immediately pay
to the faid treafurer the full amount of the faid one pound in the hundred pounds up-
on the account ; and upon any failure in rendering die faid account upon oath, or df penalty twthu,
payment of the faid fum of one per centum, any vendue mailer, fo failing or neg-ur<
letting, fhall be difcharged from the appointment, the bond put immediately in fuit,
and fome other perfon appointed in his room ; and if any perfon or perfons other Si£«.p!Ti5'
than the faid vendue mafters fhall be found felling or difpofing of any houfes, lands, sa^ac«°Li»
ihips or veffels, goods wares merchandize or property whatsoever, within the towns of d°wd4o»£»fM
Savannah, Augufta, Sunbury or SuMary's, or within two miles of the fame, except as poo".00
herein after excepted by way of public vendue or auction, each perfon or perfons fo
offending and being legally convicted, fhall for every fuch offence forfeit the fum of
one hundred pounds to theufeof the poor of the county where fuch offence fhall be
committed; and moreover it fhall and may be lawful for any juftice of the peace
of the towns refpectively upon his own ■•iew, or the teftimony and informa-
tion of one or more creditable witneffes to him given of any perfon felling any lands,
fhips or veffels, goods, wares, merchandize or other property whatfoever, by way of
public auction or vendue as aforefaid, except as by this acl is excepted, within the
faid towns or within two miles of the fame, tocaufe fuch perfon fo offending to be ap-
prehended and may oblige him, her or them to find fureties for his her or their good Andgwe mca-
■r JO' .!.-•" rity for their
behaviour, and appearance at the next fuperior court to be held in the faid county Eosdbeua^
where the offence is committed.
3. And be it further enabled, That if the party fo bound over, fhall during the con- The;rrecogn;.
tinuance of his, her or their recognizance, prefume to fell, or expofe to fale at pub- f^S/0* ive"
lie vendue as aforefaid, any lands, houfes, goods, wares, merchandize, or other pro-
perty whatfoever within any of the faid towns, or within two miles of the fame, fuch'
felling or expofing to fale, fhall be deemed and is hereby declared to be a breach of
the faid recognizance.
4. Provided always and it is hereby further enacted. That nothing herein contained Not to h»ndet
fhall extend or be conftrued to extend to hinder any lawful executor or executors, ad- «Kcutari, &c,
miniftrator or adminiftrators to expofeto fale, by way of public auQion, vendue or oth-
erwife, any lands, tenements, goods or chattels or other property of their refpeftive
Leiiators or inteftates, or to hinder any fherlff, conftable, or other officer, to fell
and difpofe of by way of vendue, any lands, houfes, fhips, veffels or other proper-
ty whatever taken in execution and liable to be fold by order of law, but that ail and
every fuch perfon or perfons may do therein as they might have done, any prohibi-
tion in this or any former law contained to the contrary notwithstanding.
5. And be it further enacted by the authority aforefaid^ That no vendue fhall he They ai«ii »»j
held by any vendue matter in the diftritt of any other vendue mafter, and that their auuTa*? :t *!
fees or recompence for felling at public vendue, collecting the money, and paying
over the fame without lofs or wafte fhall be as follows : for houfes, lands, negroes, thcir comt^n,
fhips, Hoops, fchooners and other veffels two and a half per centum, and for all oth- '?e,m-
er goods and property whatfoever five per centum.
6. And be it further enabled by the authority aforefaid. That if any vendue m after Montes&rchow
J y y J J 7 J , to be reovercA
fhall neglett or refufe to pay over the monies arifing from the fales of any houfes, of them,
lands, goods, wares, merchandize or any other property fold as aforefaid, either at
1
572 VENDUES,
private fale, or public auction, to the owner of the fame, or his or her legal repre-
fentatives, within a reafonable time after demand made, and after the fale of the prop-
erty aforefaid, all fuch debts due by fuch vendue mailer fhall be confidered as com-
ing under, and may be fued for and recovered from them or their fecunties, as in ca-
fes of courts merchants.
eiaw?!1"8 7- ^n<^ be it further enacted, That all laws heretofore made and ena£led fo far as
they relate to vendues, be and they are hereby repealed.
THOMAS NAPIER, Speaker of the Houfe of Reprefentatives.
BENJAMIN TALIAFERRO, Prefident of the Senate,
Concurred December 8, 1794.
GEORGE MATHEWS, Governor.
An act refpecting vendue maflers.
preamble! *• \ljL 7HEREAS it hath been determined by a joint refolution of both branches
V V of this prefent legiflature, that it is neceflary to increafe the number of ven-
due mailers for the city of Savannah, and to appoint others for other places in this
six vendue ftate : Be it enatted, That there fhall be fix vendue mailers for the city of Savan-
tfdlo^van-'na-h, to wit, the fame that were elecled by joint ballot of both houfes on Tuefday
the twenty-fourth day of January pad,, and who fhall in every refpe£l proceed and
conduft themfelves in conformity to the terms of the aft for regulating vendues,
palled the eighth day of December one thoufand feven hundred and ninety-four,
for and during the time they may continue in office.
oue for Angus- 2. A nd be it further enabled, That there fhall be one vendue mailer for the town
when'iacei? of Augufla; one for Louifville;. one for St. Mary's; one for Washington in
Wilkes; one for Peterfburgh; and two for Liberty county; who fhall be appointed
by concurred refolution of both houfes, and in all matters fhall conform to the afore-
faid acl for regulating vendues.
prporatinn of 3. And be it further enacted, That the mayor and aldermen of the city of Savan-
^k0'Ptnhem<f nan ke' and they are hereby authorized, after the expiration of one year from the
security. firft day of March next, to appoint vendue matters for the city of Savannah annu-
ally; and are required to take bond and fecurity of fuch vendue mailers, agreeably
to the a6l for regulating vendues aforefaid, which bonds they mall tranfmit to the
treafury office; and the faid mayor and aldermen fhall fill all vacancies which may
happen of vendue mailers either from death, refignation, . fufpenfion or removal
from office, by the governor or otherwife.
m ether places 4. And be it further enabled, That the juftices of the inferior court in every other
by fhepFnfenor county, where vendue mailers are directed by law to be appointed, to appoint such
vendue m after, take bond and fecurity, and fill all vacancies which may happen in
like manner, as the mayor and aldermen are authorized to do for the city of Sa»
vannah.
Taxflncertaio 5. And be itfurtker enacted, That the tax on all lots in the city of Savannah,
juiwemmed. from which the improvements have been deflroyed by the late dreadful fires, (ex-
WESTERN TERRITORY. 573
cept fuch as may have been infured, to be eftablifhed by the oath of the owner, agent
or truftee for the year one thoufand feven hundred and ninety-fix, and one thoufand
feven hundred and ninety-feven) be remitted.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives,
DAVID EMANUEL, Prefident of the Senate. .
Concurred February 13, 1797.
JARED IRWIN, Governor.
WESTERN TERRITORY
An a&, declaring null and void a certain ufurped aft, paffed hy the laji legifiature of
this fate at Augufla, on the feventh day of January, one thoufand feven hundred and
ninety -five, under the pretended title of " An at~l fupplementary to an aft, entitled an
at~l for appropriating a part of -the unlocated territory of this ftate for the payment of
the late fate troops, and for other pur p of es therein mentioned ; declaring the right of
this fi ate to the unappropriated territory thereof, for the protection of the frontiers,
and for other purpofes':" And for expunging from the face of the public records the
faid ufurped act, and for declaring the right of this filate to all lands lying zvithin the
boundaries therein mentioned.
1. T 71 7HEREAS the free citizens of this ftate, or in other words the community Freauiws
V V thereof, are effentially the fource of the fovereignty of the ftate, and no
individual or body of men can be entitled to, or vefted with any authority which is
not exprefsly derived from that fource, and the exercife or affumprion of powers
not fo derived, become of themfelves oppreffiori and-ufurpation; which it is the right
and duty of the people in their reprefentatives to rehft, and to reftore the rights of
the community fo ufurped and infringed :
And whereas the will or conftitution of the good people of this ftate is the only
exifting legal authority derived from the effential fource of fovereignty, and is the on-
ly foundation of the legislative power or government thereof, and fo far as that will
or conftitution exprefsly warrants the legifiature may go but no further; and all con-
ftruftive powers not neceffarily deduced from that expreffive will, are violations of
that effential fource of fovereignty, and the rights of the citizens, and are therefore
of no binding force or effeft on the ftate, or the good people thereof, but null and
void : •
And whereas the laft legifiature of this ftate not confining itfelf to the powers with
which that body was conftitutionally invefted, did ufurp a power to pafs an aft on
the feventh day of January one thoufand feven hundred and ninety-five, entitled
" An aft fupiementary to an act entitled an aft for appropriating a part of the unlo-
cated territory of this ftate, for the payment of the late ftate troops and for other
purpofes therein mentioned, declaring the right of this ftate to the unappropriated
territory thereof, for the protection and fupport of the frontiers, and for other pur-
pofes;" by which an enormous traft of unafcertained millions of acres of the vacant
territory of this ftate; was attempted to be difpofed of to a few individuals in fee
i74 WESTERN TERRITORY.
fimple, and the fame is not only unfounded as being without exprefs constitutional
authority, but is repugnant to that authority as well as to the principles and form of
government, the good citizens of this state have chofen for their rule, which is
democratical, or a government founded on equality of rights; and which is totally
oppofed to all proprietary grants or monopolies in favor of a few, which tend to
build up that destructive aristocracy in the new, which is tumbling in the old world;
and which if permitted, must end in the annihilation of democracy and equal rights;
thofe rights and principles of government which our virtuous forefathers fought for,
eftabllfhed with their blood.
And whereas the fourth feftion of the fourth article of the constitution of the
United States declares, Ci The United States fhall guarantee to every ftate in this
Union a republican form of government," which could never have been intended to
be a republican aristocracy, and which fuch extravagant grants tend to eftabiifh ; the
constitution of the United States expressly acknowledging a republican democracy
as the foundation of the people, it receiving all its force and power from their hands
or their gift, which is manifest from its context, M We, the people of the United
States :"
And whereas^ as before mentioned, the faid ufUrped act is repugnant to the confti-
tutional authority, inafmuch as that, by the fixteenth feftion of the first article of
the constitution of this state, it is declared, " That the General AfTembly fhall have
power to make all laws and ordinances which they fnall deem neceffary and proper for
the good of the state, which fhall not be repugnant to this constitution." And the
faid ufurped a£t is oppofed to the good of the ftate, and it is felf-evident that the le-
giflature which affumed the power did not deem it for the good of the ftate.
iff. Becaufe felf-prefervation or the protecting itfelf, is the greatest good and first
duty of every government, and, as has been fhewn, immenfe monopolies of land by
a few individuals, under the fanction of the government, is oppofed to the principles
of democracy, or the fundamentallaws the citizens of this ftate have chofen for their
rule, which, fo far from being for the good or felf-prefervation of the democratical or
equal government, is most manifestly for its destruction and injury.
2d, Becaufe the expression " Good of the ftate" embraces the good of the citizens
compofing the state, and the good of the citizens consists in the peaceable purfuit of
happinefs, and the enjoyment of all rights, natural or acquired, not exprefsly dele-
gated for the purpofes of government; and a fale of fuch an enormous tra£t to a few
Speculators, which was and is the common right of all the good citizens of this ftate,
is contrary to thofe rights, and therefore to their manifest injury, and of courfe to the
injury of the ftate.
3d. Becaufe even fuppofing conftitutional authority to have been vested in the le-
gislature for the purpofe of fuch difpofal, the legislature was not vested with power
to transfer the fovereignty and jurisdiction of the ftate over the territory attempted 10
be difpofed of, which it has done by opening a door for fale to foreign powers, and a
relinquishment of the powers of taxation until the proprietors ehoofe to be reprefent-
ed, which is in fa£t difmembering the ftate, and which transfer and relinquiihment oi
taxation cannot be for the good of the ftate.
4th. Becaufe these was no neceflity or pressing urgency for the fale of fuch an im-
menfe tra£t of territory, equal to fome European kingdoms, to carry into execution
and operation the extinguishment of the Indian claims to the lands between the Oco-
nee and Oakmulgee, contemplated by the afct, entitled "An a6t for appropriating a
part of the unlocated territory of this ftate for the payment of the late ftate troops.
WESTERN TERRITORY. 573
and for other purpofes therein mentioned," the fubterfuge on which the faid ufurped
aft of the feventh of January, one thoufand feven hundred and ninety-five, was
founded, when the whole amount of the appropriation for that purpofe was but
thirty thoufand dollars, and funds to a greater amount were then in the treafury un-
appropriated: And becaufe no flate or nation is juflified in wantonly dilfipaiing its
property or revenues, and a legal alienation of which can only take place from the
moft preffing neceffity; and the territory attempted to be difpofed of, was the faid
ufurped law valid, was wantonly diffipated, it being difpofed of for the trifling fum
of five hundred thoufand dollars, a fum not adequate to the annual quit rents fuch
lands were charged with, previoufly to the revolution, by the Britifli king; which
wanton diffipation cannot be for the good of the flate.
5th. Becaufe, exclufive of the immenfe lofs of revenue to which the flate is expo*
fed from the relinquishment of taxation, the fum of five hundred thoufand dollar*
was accepted as the confederation money for the fale,. and the fum of eight hundred
thoufand dollars offered by perfons of as large a capital and as much refpeftability
and credit, and on terms more advantageous to the flate, was refufed; which, as it
was (fhould the faid ufurped aft have been confidered valid) a clear lofs of three hun-
dred thoufand dollars to the revenues of the flate, it is evident that the law authori-
zing the fale was not deemed by the legiflature for t; The good of the flate," v/hich
confided in obtaining the highefl price and the moft advantageous terms.
6th. For the very excellent reafons given by his excellency the governor in his
diffent to the firft bill for thedifpofal of the faid territory, delivered to the Houfe of
Reprefentatives on the twenty-ninth of December, one thoufand feveh hundred and
ninety-four, and which bill was not materially different from the aft in queflion ; and
which reafons prove, that his excellency as a negative branch of the legiflature, al-
though he concurred in the law, did not deem it for " The good of the flate," and
which diffent was in the words following :
iff. I doubt whether the proper time is arrived for difpofing of the territory in
queflion.
2d. If it was the proper time, the fum offered is inadequate to the value of the
land.
3d. The quantity referved for the citizens is too fmall, in proportion to the extent
of the purchafe.
4th. That greater advantages are fecured to the purchafers than to the citizens.
5th. That fo large an extent of territory being difpofed of to companies of indi-
viduals, will operate as monopolies, which will prevent or retard fettlements, popu-
lation and agriculture.
6th. That fhould fuch difpofition be made, at leafl one fourth of the lands fhould
be referved for the future difpofal of the flate.
7th. That if public notice was given, that the land was for fale, the rivalfhip in
purchafers would moft probably have increafed the fums offered.
8th. The power given to the executive by the conflitution, the duty I owe the
community and the facrednefs of my oath of office, will I flatter myfelf, juftify this
diffent in the minds of the members of the legiflature, and of my other fellow citi-
zens.
And whereas the faid ufurped aft paffed on the feventh day of January, one thou-
fand feven hundred and ninety-five, is alfo regugnant to the afore recited fixteenth
feftion, inafmuch as it is regugnant to the feventeenth or fubfequent feftion of the faid
firft article, which declares ; " They (the legiflature) fhall have power to alter the
$7$ WESTERN TERRITORY.
boundaries of the prefent counties, and to lay off new ones, as well out of tKe couti*
ties already laid off, as out of the other territory belonging to the ftate. When a
new county or counties (hall be laid off out of any prefent county, or counties, fuch
new county or counties fl i all have their reprefentation apportioned out of the num-
ber of reprelentatives of the county or counties out of which it or they mall belaid
out, and when any new county (hall be laid off in the vacant territory belonging to
the [late, fuch county fhall have a number of reprefentatives not exceeding three,
to be regulated and determined by the General Affembly." And the territory difpo-
ied of not lying within the limits of any county already laid off, and.a fale and grant
thereof, fhould the faid ufurped law, be deemed valid, having been made it could not
be defined the vacant territory belonging to the ftate, whereby the ccnftitutional pow-
ers vtfted in the General Affembly by the faid feventeenth fe&ion would be barred
■and prevented, and confequently the fettlers on the territory fold, be deprived of the
conftitutional right of reprefentation, and is not only thus repugnant to the faidfix-
• teenth and feventeenth fettions, but thereby and by the relinquishment of the right of
taxation, until the fettlers were reprefented, which they cannot conflitutionally be, is
alfo repugnant to the whole letter and fpiritof the conftitution, it operating as a dere-
liction of jurifdiclional rights, and a virtual diftnemberment of the flate.
And w/iereas in and by the articles of confederation entered into and finally rati-
fied on the fir ft day of March one thoufand feven hundred and eighty-one, by the
then Thirteen States of America, the territory within the limits of each of the faid
ftates is to each of them refpe&ively confirmed and guaranteed, firft by the fecond
article, to wit: ii Each ft ate retains its fovereignty, freedom and independence, an-d
every power, jurifdiclion and right, which is not by the confederation exprefily de-
' legated to the United States in congrefs, afiembled." And fecond by the laft claufe
in the fecond feflion of the ninth article, "No flate fhall be deprived of territory
for the benefit of the United States:" And in and by the firft claufe of the fixth ar-
ticle of the federal conftitution of the United States, " All engagements entered into
before the adoption of the faid conftitution, fhall be as valid againft the United States
under the faid conftitution as under the confederation:" And by the twelfth article or
the amendments to the faid conftitution, ratified and adopted, " The powers not de-
legated to the United States by the conftitution, nor prohibited by it to the ftates., are
refer ved to the ftates refpeclively, or to the people."
And zulureas in and by the definitive treaty of peace, figned at Paris on the third
of September, one thoufand itven hundred and eighty-three, the boundaries of the
United States were eftablifhed, and the faid United States fully recognized and ac-
knowledged by the firft article thereof, in the words following: '5 His Britannic ma-
jelly acknowledges the faid United States, viz. New-Hampfhire, MafTachufetts-Bay,
Rhode-Ifland, Connecticut, New-York, New-Jerfey, Pennfylvania, Delaware, Ma-
ryland, Virginia, North-Carolina, South-Carolina and Georgia, to be free, fovereign
and independent ftates; that he treats with them as fuch, and for himfeif, his heirs and
fucceffors, relinquifhes all claims to the government, proprietary and territorial rights
of the fame." And by the fecond article it is declared : " And that all difputes which
might arife in future on the fubje£t of the boundaries of the laid United States may be
prevented, it is agreed that the following are and fnall be their boundaries." And
thofe boundaries thereby declared, which limit the weftwardly and fouthwardly parts
of this ftate, are thus defined : " Along the middle of the Miflifippi until it fhall in-
terfeft the northernmoft part of the thirty-firft degree of north latitude ; fouth by a
line drawn due eaft from the termination of the line laft mentioned in the latitude of
WESTERN TERRlTO&Y. 557
'thirty-one degrees north of the equator, to the middle of the river Appalachicbla or
Chatahoochee; thence along the middle thereof, to its junction with 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 the king of Great Britain did, by pro-
clamation dated the feventh day of October^ in the year one thoufand feven hundred
and hxty-three, annex to the then province of Georgia, all the lands lying between
the faid river St. Mary s and the Alatamaha, its former boundary claimed by South-
Carolina under her charters; and the ftate of South-Carolina, in and by a conven-
tion held and concluded between the ccmmiffioncrs of the faid dates, at Beaufort,
under the authority and articles of the confederation, on the twenty-eighth day of
April, in the year one thoufand feven hundred and eighty-feven, did confirm to the
ftate of Georgia the fouthward and weftwardly boundaries clefcribed in the faid treaty
of Paris, by acceffion and relinquifliment of all right, title and claim which the faid
ftate pofleffed from the original charter thereof to the government, fovereignty and
jurifdiQion in and over the fame, and alfo the right of pre-emption of the foil from
the native Indians, and aU other the eftate, property and claim in or to the faid land;
and the boundaries fo defcribed alfo coincide with the boundaries of this ftate, as de-
fcribed by the land acl of this ftate now in force, pafted at Savannah the feventecnth
of September, in the year one thoufand feven hundred and eighty-three (except
as to the northern boundary of the ftate) which by the faid convention is thus efta-
blifhed and ratified by thefirft article thereof: ts The moft northern branch or ftream
of the river Savannah, from the fea or mouth of fuch ftream to the fork or conflu-
ence of the rivers now called Tugalo or Keowee, and from thence to the moft north-
ern branch or ftream of the faid river Tugalo, till it interfe&s the north boundary of
South-Carolina, if the faid branch or ftream of Tugalo extends fo far north, refer-
ring all the iflands in the faid rivers Savannah and Tugalo, to Georgia; but if the
head fpring or fource of any branch or ftream of :lhe faid river Tugalo does not ex-
tend to the north boundary of South-Carolina, then a weft line to the Millihppi.
And whereas, until the formation of the confederation there could poffibly belong
to no territorial rights to the United States, nor after fuch formation within the char-
tered limits of any ftate, but fuch as were fpeciaily ceded and relinquiihed by the
refpeclive ftates ; and the people of the ftate of Georgia have by no act of theirs, or
in any manner or fhape whatever, transfered or aliened or delegated a power to trans-
fer or alien the territory attempted to bedifpofed of by the faid ufurped acl'paffed on
the feventh of January*, in the year one thoufand feven hundred and ninety-five, and
the fame and every part thereof is hereby declared to be veiled in the ftate and people
ihereof, and inalienable, but by a convention called by the people for that-exprefs
purpofe, or by fome claufe of power expreffed by the people delegating fuch ex-
prefs power to the legiflature in the conftitution.
And whereas diverted of all fundamental and conftitutional authority which the
faid ufurped aft might be declared by its advocates, and thofe who claim under it,
to be founded on : Fraud has been pra£tifed to obtain it, and the grants under ft.
And it is a fundamental principle both of law and equity, that there cannot be a wrong
without a remedy, and the ftate and the citizens thereof have fuffered a moft griev-
ous injury in the barter of their rights by the faid ufurped acl and grants, and there
is no court exifting if the dignity of the Hate would permit her entering and for the
trial of fraud and collufion of individuals, or to contcft her fovereignty with thern5
whereby the remedy for fo notorious an injury could be obtained ; and it can no where
4 D
578 WESTERN TERRITORY.
better lay than with the reprefentatives of the people chofen by them, after due pro-
mitigation by the grand juries of molt of the counties of the ftate, of the means
praclifed, and by the remonftrances of the people to the convention, held on the
tenth day of May, in the year one thoufand feven hundred and ninety-five, felting
forth the attrocious fpeculation, corruption and collufion, by which the faid ufurped
act and grants were obtained.
And whereas the faid petition and remonftrances of the good people compofi ng
the (rate, to the faid late convention held at Louifville on the faid tenth day of May,
one thoufand feven hundred and ninety-five, produced a refolution of that body in
the following words : " Refohed, That it is the opinion of the convention, that from
the numbers, refpectability, and ground of complaint dated in the fundry petitions
laid before them, that this is a fubject of importance meeting legiflative deliberation.
Ordered therefore, That inch petitions be preferved by the fecretary, and laid. before
the next legislature at their enfuing fcffion." Which refolution inverts this legiflature
with conventional powers quo ad hoc, or in common terms, for the purpofe of inves-
tigating the fame, and which gives additional validity to legiflative authority, were the
powers of one legiflature over the acls of another to be attempted to be queftioned,
And whereas it does appear from fundry affidavits and a variety of proofs fatisfac-
tory to this legiflature, as well as from the preferments of the grand juries on oath
of a confiderable majority of the counties of the flate, and by the afore recited pe-
titions and remonflrances of the good people thereof to the convention, and by nu-
merous petitions to this prefent legiflature to the fame purport, as aifo from the
ielfevident proof of fraud, arifing from the rejection of eight hundred thoufand
dollars, and the acceptance of five hundred thoufand dollars, as the conlideration
money for which the faid territory was fold; that fraud and corruption are praftifed
to obtain the faid act and grants, and that a majority of thofe members of the legif-
lature, who voted in favor of the aforefaid act were engaged in the purchafe, and a
majority of one vote only appeared in favor of the faid ufurped act in Senate, and
on which majority in that branch the fame was paffed, and corruption appears againft
more than one member of that body; which exclufive of the many deceptions ufed,
and the inadequacy of price for fuch an immenfe and valuable traft of country, would
be fufficient in equity, reafon and law to invalidate the contract, even fuppofing it
to be conftitutional, which this legiflature declares it is not.
rjitaftofdis- Be it therefore enacted, That the faid ufurped act, paffed on the feventh day of
'ri^orteTnd Jarmarv> in trie year one thoufand kven hundred and ninety-five, entitled * " An
foujfded^h^e- a^ fupplernentary to an a£t entitled an act. for appropriating a part of the unlocated
•uiuniTofd. territory of this ftate, for the payment of the late flate troops and for other purpo-
fes therein mentioned; declaring the right of this flate to the unappropriated territory
thereof, for the protection of the frontiers, and for other purpofes," be, and the
fame is hereby declared null and void, and the grant or grants, right or rights,
claim or claims, ifluing deduced or derived therefrom, or from any claufe, letter or
fpirit of the fame, or any part of the fame, is hereby alfo annulled, rendered void,
and of no effect; and as the fame was made without conftitutional authority, and
fraudulently obtained, it is hereby declared of no binding force or effect on this
ftate or the people thereof; but is and are to beconfidered both law and grants as
they ought to be ipfo facto of themfelves void, and the territory therein mentioned
is alfo hereby declared to be the fole property of the ftate, fubject only to the tight of
•
* This adt alfo declared void by the ctnftitution of the ftate.
WESTERN TERRITORY. 579
treaty of the United States, to enable the ftate to purchafe under its pre-emption the
right Indian title to the fame.
2. And be it further enacted, That within three days after the paffing of this aft A),d „r(!e,M,.
the. different branches of the legiflature (hall affemble together, at which meeting the j^S*.
officers (hall attend with the feveral records, documents and deeds in the iecretary's,Uc^sco^'l-,
furveyor general's and other public offices, and which records and documents fhall
then and there be expunged from the face and indexes of the books of record of the
(late, and the enrolled law or ufurped a6t fliall then be publicly burnt,* in order that
no trace of fo unconstitutional, vile and fraudulent a tranfa8ion, other than the in-
famy attached to it by this law, fliall remain in the public offices thereof, and it is
hereby declared the duty of the county officers of record, where any conveyance,
bond or other deed whatever, fliall have been recorded, relating to the iaie of
faid territory under the laid ufurped acl, to produce the book wherein the faid deed,
bond or conveyance may be fo recorded, to the fuperior court at the next feffion of
the court after the paffing this law, and which court is hereby directed to caufe fuch
clerk or keeper of the public records of the court to obliterate the fame in their pre-
fence; and if fuch clerk or keeper of records neglect or refufe fo to do, he fliall be
and is hereby declared incapable of holding any office of truft: or confidence in thi§
ftate, and the fuperior court fliall fufpend him: And from and after the paffing of
this aft, if any clerk of a county, notary public or other officer keeping re-
cord, fliall enter any tranfaction, agreement, conveyance, grant, law or contract
relative to the faid purchafe under the faid ufurped aft on their books of record,
whereby claim can be derived of authority of record, he or they fliall be rendered in-
capable of holding any office of truft or profit within this ftate, and be liable to
a penalty of one thoufand dollars, to be recovered in any court within and under
the jurifdiction of this ftate; one half thereof to be given for the benefit of the
informer, and the other half to be lodged in the treafury for the ufe of the com-
monwealth.
3. And be it further enabled, That the faid ufurped lav/ paffed on the feventh of I£cno7&rb?*'
January, in the year one thoufand feven hundred and ninety-five, fliall not, nor &££& "££
ihall any grant or grants iffued by virtue thereof, or any deed or conveyance, ihefawterrt
agreement or contract, fcrip or paper relative thereto, be received as evidence intory'
any court of law or equity of this ftate, fo far as to eftablifli a right to the faid
territory or to any part thereof : Provided, That iiGtbing herein contained fliall b.eprovis?'
conftrued to prevent fuch deed or conveyance, agreement or contract, between
individuals, fcrip i fined by the pretended purchafers, or other paper from being re-
ceived as evidence in private actions for the recovery of any monies given, paid or
exchanged, as the confideration for the pretended fales by the original pretended
purchafers or perfons claiming and felling by and under them.
4. And be it further enabled, That his excellency the governor be, and he is here-M3n4ypa-d!,,
by empowered and required to iffue warrants on the treafurer after the'expiration pfhowhtoSere^
fixty days in favor of fuch perfons as may have bona fide depoiked monies, bank11'1"*11,
bills, or ftock in the funds of the United States or warrants,, in part5 or in whole pay-
ment of pretended fhares of the faid pretended purchafed territory ; Provided, The Krovi<s*-
.fame fliall be now therein and not otherwife ; And provided alfo, That the ri(k attend- Vs^\st,
ing the keeping thefum or funis fo paid in, be deemed and is hereby declared to lay en-
tirely with the perfons who dep.ofited them, and that any charge of guards or other ex pen-
1
* Which was accordingly done on the day of February 1 796,
$8o WESTERN TERRITORY.
ces for fafe keeping thereof, be deduced therefrom; and in cafe of neg!e£t of appli-
cation to his excellency therefor within eight months* after- the pa fling this aft, the
fame Shall be and is hereby deemed property, directed and efcheated to and for the
ufe of this Prate.
Thcrightto 5. And be it further enacted, That any pretended power affumed, ufurped, or ha-
rmful title or tended by the faid aft, or any claufe, or letter of the fame, or which may or can, be
to apply Bo con- ' rt 1 1 f 1 1 /• ■ 1 r 1 o_ 1 • r
gresSforthat conkrued to that purnole by the laid uturped act, grant or grants under it, or from
purpose, decla- . f r I „ r ' o _ a . »
tO'0bpie"nde . the journals of the Senate or Houfe of Representatives, to apply to the government
Ihirs"Itate.of °^ l^e United States for the extinguishment of the Indian claims to the lands within
the boundaries in the faid ufurped aft mentioned, and the holding any treaty by the
faid general government in confequence of any application therefor by the compa-
ny purchasers under the faid ufurped act, fo far as may affect the rights of this State to
the lands therein defcribed, is and are alfo hereby declared null and void, and the right
of applying for, and the extinguishment of Indian claims to any lands within the
boundaries of this Rate, as herein defcribed, being a fovereign right, is hereby further
declared to be veiled in'the people and government of this ftate, to whom the right
of pre-emption the fame belongs, fubjeft only to the controling power of the United
States to authorize any treaty or treaties for and to fuperintend the fame.
TMsiawhow 6\ And be it further enabled, That in order to prevent future frauds on individuals
^t^'"iTlul as far as the nature of the caufe will admit, his excellency the governor is hereby re-
quired, as foon as may be, after the palling of this law, to promulgate the fame
throughout the United States.
THOMAS STEPHENS, Speaker of the Houfe of Reprefentativcs*
BENJAMIN TALIAFERRO, Prefident of the Senate".
Concurred, February 13, 1706.
JARED IRWIN, Governor.
* Time extended by act of 1799, fed. i, &c. further time by act of J79f»
*••••• o
An atl to extend the time for the pretended purchafers of the Weflern Territory of this
fate, to receive the fums they depofted in the treafury, and for further expunging
from the face of the public record^certain entries relative to the pretended f ales of ths
Weflern Territory of this fate, under the ufurped at~i, puffed thefeventh of Ja-
nuary, one thoufandfeven hundred and ninety -five.
TheffOTemor i. Ty E IT ENACTED by the Senate and Houfe of Reprefeniatives of the (late of
to issue war- R-* • • si rr % • -
tee'aVweMn fa- •*-* Georgia, in General Afjembly met, That his excellency the governor be and
X>chave°de- ^e is hereby empowered and required to iffue warrants on the treafurer from and im-
thertill. money mediately after the paffing of this aft, in favor of fuch perfons as may have bonafde
depofited money, bank bills, or ftock in the funds of the United States, or warrants
in part or in whole payment of pretended Shares of the faid pretended purchafed ter-
ritory under an ulurped acl:, paifed at Augufta on the feventh day of January, in the
year onethoufand feven hundred and ninety-five, under the pretended title of " An
acl Supplementary to an a6t, entitled ' An acl for appropriating a part of the unlo-
cked territory of this ftate for the payment of the late ftate troops, and for other
ur
WESTERN TERRITORY. i
purpofes therein mentioned,' declaring the right of this ftate to the unappropriated
territory thereof, for the protection of the frontiers, and for other purpofes." Pro- Vrcv,rrj
videcl, That the rii'k attending the keeping of the.ium or fums fo. paid in be deemed Xk.btlifdiwnT
and is hereby declared to lay entirely with the perfons who deposited them, and that dSed.t0 b<
any charge of guards or other expences for the fafe keeping thereof be deducted there- Pr0vi,o.
from: And provided alfo, That application be made for the fums fo denoiited on or
before the fir ft day of June, one thoufand feven hundred and ninety-eig ..
And whereas, in and by an aft palled the thirteenth day -of February, in the year
one thoufand [even hundred and ninety-fix, annulling the faid ufurped aft palled the
feventh day of January, one thoufand kxen hundred and ninety-five* the fecretary,
furveyor genera! and other public officers, were required, within three days after the
pafiing the fame, to produce to the legislature all deeds and documents relating to
the pretended fale of the Weilern Territory of this ftate, to be expunged th -refrom,
in order that no trace of fo infamous a tranfaftion fhould remain in the p iblic offices
of the date; and it appears that, either from the indifpofition of the fecretary of the
fiate at that period, or through miftake or negleft, certain pretended mortgages rela-
tive thereto, and given by the pretended purchafers, which were entered in the book
of mortgages marked E. E. in the faid office, were neglected to be produced to t!~
late legislature to be expunged from the faid book, and burnt in conformity to the
concurred refolution under the authority of the faid aft : Be it therefore enabled, That certa&othtf
the faid book E. E. (hall, on the dayf after the palling of this aft, be brought into the t^'e-T'
reprefentative chamber, and then and there, at or about the hour of twelve o'clock ™?..^a ana
of the faid day, the faid pretended mortgages, entered in the faid book E. E. from
page one hundred and thirty-three to page one hundred and fixty-two, inclufive, fhall
be carefully expunged from the faid book E. E. and burnt in the prefence of the
Senate and Houfe of Reprefentatives; and the prefident of the Senate and fpeaker
of the Houfe of Reprefentatives fhall defignate, under their hands, on a fheet of
paper to be inferted or pafted on in the place from whence they fhall be fo taken,
the authority by which the fame was done, and the number of pages fo expunged.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives,
. DAVID EMANUEL, Prefident of the Senate.
Concurred February 10, 1797.
JARED IRWIN, Governor.
•j- Which was accordingly done on the day of February, 1797.
An att to carry into effect the twenty -fourth feclion of the firfl article of the conflitution,
1. TT7HEREAS by the twenty-fourth feftion of the firft article of the conftitu-
VV tion it is among other things declared, that the foregoing feftion of this
article having declared the common rights of the free citizens of this Rate in and to
all the territory without the prefent temporary boundary line, and within the limits of
this ftate, thereby defined; by which the contemplated purchafes of certain compa-
nies of a confiderable portion thereof are become conftkutionally void, " and juftice
and good faith require that the ftate fhould not detain a consideration for a contract
582 WESTERN TERRITORY.
which has failed, the legiflature at their next fefliori fhall make provifion by law for
returning to any perfon or perfons who has or have bona fide depofited monies for
fach purchafes in the treafury of this ftate:
proviso. " Provided, That the fame fhall not have been drawn therefrom in terms of the
aft paffed the thirteenth day of February, one thoufand feven hundred and ninety-
fix, commonly called the refcinding aft, or the appropriation laws of the years one
thoufand kven hundred and ninety-fix and one thoufand feven hundred and ninety-
feven, nor fhall the monies paid for i'uch purchafes ever be deemed a part of the
funds of this (late, or be liable to be appropriated as fuch, but until fuch monies be
drawn from the treafury, they fhall be confidered altogether at the riik of the per-
fons who have depofited the fame."
Grantees, their 2. Be it therefore enabled by the Senate and Houfe of Rebrefentatives of the fiate of
attornies* &rc. • . . -J ~ +J J ■ £ J -J U J
on what terms Georgia- in General Affembly met, and by the authority of the fame, That any pretend-
therntoiwited. ec* grantee or grantees, his or their acknowledged agent, or agents or other perfon or
perfons having depofited any fum or fums of money, for the aforefaid pretended
purpofes, lhall be entitled to receive the fame under the following reftriftions, (that is
what parties to fay) that the treafurer on receiving the original treafury receipt, given to any perfon
mustbeprodu- ] 'r , • . r I J J . k • 1 l 1 J
ced. orperions, or the receipt or the pretended grantees, or their acknowledged agent or
agents, to any perfon or perfonKs, or the receipt of any perfon or perfons in whofe
name or names any fum or fums of money was depofited, in the treafury, for or on
account of any or either of the pretended companies, to any perfon or perfons, for
any fum or fums of money, for any pretended fhare or fhares of land or weftern
territory of this Mate, pretendedly fold as aforefaid, the perfon or perfons applying,
on oath. making oath before the faid treafurer that the money fignified to be received, was
bona fide depofited in the treafury, or paid to the faid pretended grantees, their ac-
knowledged agent, or any perfon or perfons in whofe name or names any fum, or
fums of money has or have been iodged in the treafury, for or on account of any or
either of the pretended companies as aforefaid, and that the receipt produced is the ori-
ginal receipt of the treafurer, grantees, agent, or perfon or perfons in whofe name
or names any fum or fums of money has or have been lodged in the treafury, as
aforefaid, given at the time the money was paid, and that he or they has or have
therewith delivered in all pretended documents relative to any pretended title in his
or their poiTeffion or power, under the pretended authority aforefaid, which fhall be
filed in the treafury office, and the oath be there fubferibed and preferved; fhall iffue
to the perfon or perfons depofiting the fame as aforefaid, a certificate expreffing the
date, name or names, together with the fum mentioned in the document depofited as
aforefaid.
Money deposi- 3. Provided always, and it is hereby enabled, That the treafurer fhall not receive
tended a'mra". any fuch pretended document chargeable to any of the pretended companies, in the
o^theueasu-' treafury books exceeding the fum or fums depofited by each of the refpective pretended
companies and which is in the treafury at the time fuch receipt or pretended document
is prefented to him; nor fiiall he give any certificate or certificates for any fum or fums
of money exceeding the amount which may be in the treafury as aforefaid, at the cred-
The Governor it of the aforefaid refpeftive pretended firms.
SSL on diear" 4, And be it further inaVccd by the authority aforefaid, That his excellency the go-
vsTof^com- vernor be and he is hereby authorized and required, on receiving the certificate or cer-
tificates of the treafurer as aforefaid, to iffue an order to the treafurer in the woids fol-
lowing:
WESTERN TERRITORY.
v iinnt.
" You are hereby required to return out of the monies depofited by A. B. pretended Form of a«
company, or by C. D. who held a receipt for monies paid to or on account of faid
pretended company, now filed in the treafury agreeably to your certificate of
and debit the faid pretended compan y with the fame."
DAVID MERIWETHER, Speaker of the Houfe of Rcprefentaiives.
ROBERT WALTON, Prefident of the Senate.
A (Tented to February 16, 1799.
JAMES JACKSON, Governor.
An ab~l to amend an ab~l to carry the twenty -fourth feBion of the firfl article of the con-
fitution into effect. -
1. "T % THEREAS it has been found by experience that the relief intended by thePreamblet
V V aft, entitled " An act to carry the twenty-fourth feftion of the firft article
of the conftitution into effect," does not extend to the attornies, executors or legal
representatives of thofe perfons who held receipts or documents for monies depofired
under the ufurped aft of the feventh day of January, one thoufand feven hundred
and ninety-five, it being a requifite in the faid aft for the perfon applying to make
oath, that the receipt produced is the original receipt given at the time the money was
paid :
2. Be it enacted by the Senate and Houfe of Reprefentatives of the flate of Georgia
y J j x J J J j t o Attornies ex~
in General Affembly met, and by the authority of the- fame, That attornies with legal ^c^tc°^^f1-eci
powers, or executors and adminiftrators of deceafed holders, (hall not be obliged to to B»£e oat'»
make oath, that the money (ignified in the receipt or document produced was bona fide papers,&c
paid at the time the receipt was given, but fhall be entitled to a return of depofit on
returning into the treafury the original receipt of the treafurer, grantee or g-rantees,
his or their agent or agents, or fuch other documents under their or either of their
hands, as may tend to an acknowledgment of receipt on equitable conftruftion of
that aft, and making oath as therein mentioned, that he, (he or they hath or have
therewith returned in all documents or pretended title thereto appertaining within their
cuftody, power, poffeffion or knowledge, fo far as refpefts the receipt or document
returned, and that they believe the money was bona fide depofited by the principal gi-
ving fuch power, teftator or inteftate, under whofe title they refpeftively aft, and that
10 the bed of their knowledge and belief the receipt or documents lodged is or are
the genuine receipts or documents originally given by the treafurer, grantee or gran-
tees, his or their agent or agents, or any other perfon or perfons who hath or have
depofited monies under the faid ufurped act:
Provided always, That where attornies only fhall apply, the powers from their prin- Proviso,
cipal (hall difclaim and renounce all pretended title to the faid pretended fales of
Weftern Territory of this ftate, and declare therein that fuch attorney is in poffeflion
of all receipts, titles or documents appertaining thereto; which power fhall be ac-
knowledged before fome magiftrate or notary public of this or the United States.
3. And be it further enabled, That perfons holding papers called citizens' rights, or citizens' rights
original treafury receipts, fhall in all cafes be entitled to a return of depofit on pro- «°r"hinalr6"
ducing and lodging the fame as by the faid aft. direfted, on making oath that they have
SH WESTERN TERRITORY.
paid a bona fide confideration therefor, and believe the receipt produced, is the genuine
original receipt of the treafurer.
DAVID MERIWETHER, Speaker of the Houfe of Reprefcntativci,
DAVID EMANUEL, Prefident of the Senate.
A Men ted to December 6, 1799.
JAMES JACKSON, Governor.
An aU to carry the txuenty -third Ifeclion of the frfi article of the confitution into Ope*
ration*"
Preamble i. Tyf THEREAS the twenty-third feftion of the firfl article of the conftitutionj
V V fpeaking of the powers of the legiflature, is in the words following, to wit:
" They fhall have power to alter the boundaries of the prefent counties, and to lay off
new ones, as well out of the counties already laid off, as out of the other territory
belonging to the ftate; but the property of the foil, in a free government, being one
of the effential rights of a free people, it is neceffary in order to avoid difputes that
the limits of this itate fhould be afcertained with precision and exa&nefs, and this con-
vention compofed of the immediate representatives of the people, chofen by them to
alien their rights, and to revife the powers given by them to the government, and
from whofe will and ruling authority of right flows : Doth affent and declare the
boundaries of this (late to be as follow. That is to fay, the limits, boundaries,
jurifdictions, and authority of the (late of Georgia, do and did, and of right ought
to extend from the fea, or mouth of the river Savannah, along the northern branch
or ftrearn thereof, to the fork or confluence of the rivers now called Tugalo and
Keowee, and from thence along the moft northern branch or ilream of the faid river
Tugalo, till it interfecls the northern boundary line of South-Carolina, if the faid
branch or ilream of Tugalo extends fo far north, referving all the iflands in the faid ri-
vers Savannah and Tugalo to Georgia, but if the head furing or fource of any branch
or Ilream of the laid river Tugalo does not extend to the north boundary line of South*
Carolina, then a weft line to the Miffilippi to be drawn from the head fpring or fource
of the faid branch or ftrearn of Tugalo R.iver, which extends to the higheft northern lat-
itude; thence down the middle of the faid river Miffifippi until it fhall inter feft the nor-
thernmoft part of the thirty-firft degree gf north latitude ; fouth by a line drawn due
eaft from the termination of the line laft mentioned, in the latitude of thirty-one de-
grees north of the equator, to the middle of the river Appalachicola or Chatahou-
chee; thence along the middle thereof to its junction with 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 Savannah River, the
place -of beginning; including and comprehending all the lands and waters within the
faid limits, boundaries and jurifdiclional rights, and alfo all iflands within twenty leagues
of the fea coafL And this convention doth further declare and affent, that all the
territory without the prefent temporary line and within the limits aforeiaid, is now of
right the property of the free citizens of this ftate. and held by them in Sovereignty
* This ad repealed in part by aft of 1800*
WESTERN TERRITORY. 5^5
i-lalienable but by their confent : Provided neverthelefs, That nothing herein contain- proV!H*-
ed fhail be conftrued fo as to prevent a fale to or contract with the United States by
the legiflature of this ftate, of and for all or any part of the Weftern Territory of this
ft ate, lying weft ward of the river Chatahouchee^ on fueh terms as may be beneficial
to both parties; and may procure an extenfion of fettlement and an extinguishment
of Indian claims in and to the vacant territory of this ftate to the eaft and north of
the faid river Chatahouchee, to which territory fuch power of contract or fale by the
legiflature fhail not extend : And provided alfo, the legiflature may give its confent to rivmt,
the eftablifhment of one or more governments weft ward thereof; but monopolies of
land by individuals being contrary to the fpirit of our free government, no fale of
territory of this ftate, or any part thereof, fhail take place to individuals, or private
companies, imlefs a county or counties fhail have been fir ft laid off' including fuch ter-
ritory and the Indian rights fhail have been extinguished thereto." And whereas it
will much add to the harmony of the Union and tranquility of the citizens of this
ftate, to carry the powers thereby given to the legiflature, of felling the territory be-
longing to this ftate weft ward of the Chatahouchee to the United States into opera-
tion.
2. Be it enabled. That Abraham Baldwin, Tames Tones and Benjamin Taliaferro, eomiwissio-nsft
, , ' J J -i J appointed to
cfqrs. reprefentatives of this ftate in congrefs, or a majority of them, be and they are «euthe w^tcn*
hereby authorized and empowered, to meet any perfon or perfons who may be ap-coner«ss-
pointed on the part of the United States, and they are hereby properly and duly au-
thorized as commifiioners on the part of the ftate of Georgia; with him or them, to
treat, confult, conclude and agree for the fale of all or any part of the territory with-
in the conftitutional limits of this ftate, weftward of a line beginning at a point in
the middle of the river Chatahouchee, where it fhail be i nterf cited by the thirty-firft
degree of north latitude; thence up the faid river to the moil weftern bend thereof;
thence a due north line to the northern boundary of this ftate, including all the iflands
in the faid river, and referving the navigation of the faid river fo far as the faid line
fhail extend thereon, alike free to the citizens of the United States as thofe of the
ftate of Georgia, on fuch terms and reafonable compenfation for the fame as may be
beneficial to both parties^ and fhail procure to this ftate all the land eaft and north of
the aforefaid line within a reafonable time, viz. net exceeding the term of three years,
all the land lying and being between the Oconee and Oakmulgee rivers, and a line to
be run from the head fource of the faid Oakmulgee River along the ridge dividing
the waters of the fame, from the waters of the Chatahouchee River, to the Curry-
hee Mountain ; and not to exceed the term of ten years, all the Sand eaft of the
aforefaid river and line, the fame to be obtained and the Indian rights thereto extin-
guished by, and at the fole expence of the faid United States, and On fuch agreement
and ratification of the fame by thecongrefs of the United States, full and ample deeds of
cefhon and fale, as well of territorial, as jurifdictional rights, and of all claims, or
demands of this ftate of, in or to, the territory fo concluded on to be fold, to fign,
feal, execute and deliver to the United States, to hold the fame to the faid United
Slates in fovereignty forever.
3. Provided always and be it further .enacted, That the faid United States, fhail certain ftmsfe
within three years reftore to this ftate all that tract of country called and known by sale.80*1
the name of the Talliffee county, which was purchafed of the Creek Indians by this
__ ftate, at a treaty held with the faid Indians, at Galphinton on the twelfth day of No- -
y.ernbers in the year of our Lord one thoufand feveti hundred and eighty-five, and
4 E
r(S6 . WESTERN TERRITORY.
which was ceded by the United States to the faid Indians, by the treaty of New-
York, in contravention of the faid treaty of Galphinton ; and this General Affem-
bly doth hereby unequivocally declare that the faid tracl of country is and of right
doth belong to this ftate, by virtue of, and as derived from the compact
protiM. aforefaid. And provided. That whenever the territory ceded as aforefaid, (hall con-
tain a number of inhabitants fuflficient to entitle them to a reprefentative in the con-
grefs of the United States; agreeably to the principle eftablifhed in the conflition
thereof for regulating the reprefentation of the dates, now in the Union, that then the
faid inhabitants mall be entitled to a reprefentation in the congrets of the United States,
and fhall be received into the Union as an independent ftate and fhall be entitled to
every right granted and fecured by the faid conftitution to the ftates therein named.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives.
ROBERT WALTON, Prefident of the Senate.
Affented to, February 15, 1799.
JAMES JACKSON, Governor.
preambk.
CoromisEianers
appointed to
jell the western
territory to
*ornjr«ss,
Repealing
An at~l to amend an act entitled ii An atl to. .carry the twenty-third fettion of the firjl
article of the conftitution into operation fo far as relates to the powers vejled by the
fame in the honorable Abraham Baldwin, James Jones and Benjamin Taliaferro,
efq. commiffioners on the part of Georgia, to make a cefjion of part of the unlo-
cated territory of faid Jlate to the United States/1
1. T ^7HEREAS the powers vefted by the above recited acl: in the faid commif-
V V fioners have been found too limited to enable them to carry the fame into
operation : Be it therefore enaUed by the Senate and Houfe of Reprefentatives in Gen-
eral Affembly met, That the honorable Abraham Baldwin, James Jones, Benjamin
Taliaferro and James Jackfon, efq. reprefentatives of this ftate in congrels, or
a majority of them, be and are hereby authorized and empowered to meet any per-
fon or perfons who now are, or hereafter may be appointed on the part of the Uni-
ted States; and they are hereby duly authorized and empowered as commiffioners on
the part of Georgia, with full and unlimited powers to treat, confult, conclude and
agree for the fale of all or any part of territory within the conftitutional limits of this
ftate, weft of a line commencing at a point upon our northern boundary line, where
Crow Creek, a branch of Tenneffee River, interfects the fame, running from thence
in a direct courfe to fall upon the thirty-firft degree of north latitude, feventy geo-
graphical miles weft of the Chatahouchee river, on fuch terms and reafonable com-
penfation for the fame as may be beneficial to both parties, and (hall procure to this
ftate all the land earl and north of the aforefaid line, within a reafonable time.
2. And be it further enabled, That all laws and claufes of laws militating againft;
this aft. fhall be and are hereby repealed.
DAVID MERIWETHER, Speaker of the Houfe of Reprefentatives,
DAVID EMANUEL, Prefi dent of the Senate.
Affented to December 2, 1800.
JAMES JACKSON, Governor,
WHARFS, SHIPPING AND PILOTAGE. 5*7
An aB to regulate the wharfs and flipping in the fever al ports of this province, and as-
certaining the rates of wharfage, of flipping and forage, and alfo the duly of an har-
bor majler for the port of Savannah, and to authorize the faid harbor mafler, to put in
force an aB entitled an aB to amend an aB, to prevent perfons throwing ballafl or
rubbifi or falling trees into the rivers and navigable creeks within this province^ and
for keeping clear the channels of the fame.
i.TX THEREAS the increafe of trade, and quantity of produce brought for fale to PaaaiMe.
\ V the feveral ports of this province, require a regulation in the rates of wharf-
age and ftorage, and the number of veffels reforting to the faid ports, and in particu-
lar to the port of Savannah, makes it neceffary to have fome perfon appointed to over-
look, and regulate fuch .veffels while in the faid port. Be it enaBed, That from and
immediately after the paffing of this aft, the feveral owners and occupiers of wharfs
in the feveral ports of this province, (hall be allowed to charge, demand, and receive
the feveral rates herein after mentioned, for the wharfage of (hipping, merchandize and
florage, and no more, that is to fay,
£. s, d.
For every (hip, fnow, bngantine or bylander loading at a wharf, one (hil-
ling and fourpence each day 014
For every fuch veffel lying and not loading at a wharf, two (hillings and
eightpence each day 0 2 8
For every (loop or fchooner (coafters trading from one part of this pro-
vince to another only excepted,) loading at a wharf, tenpence each
day o o 10.
For every (loop or fchooner lying and not loading at a wharf, one (hil-
ling and eightpence each day 018
And for the wharfage of goods, landed or laden from one veffel to ano-
ther at any wharf as follows,
For every barrel or half barrel of rice or other grain, every barrel of tur-
pentine, rofin, tar, beef, pork, beer, cider, fmall barrels of bread,
and barrels of the like fize of any other goods, dry goods excepted,
one penny 001
For every barrel, cade, box or other package of indigo, twopence 002
For corn, peafe, oats, and other grain not in barrels, landed or taken in
from any veffel, by any other veffel lying at a wharf, and for
fait landed or loaden on board any other veffel, for every one hun-
dred bufhels, one (hilling o i O
For every thoufand feet of inch, three quarter inch and feather edge
boards, and in proportion for plank, timber and oars reduced to inch
meafure, landed or taken from veffels or rafts by any veffel lying at a
wharf, <©ne (hilling ~ o 1 G
For every thoufand of (hingles and canes landed or taken in from boats
or rafts, fixpence o o 6
For every thoufand of barrel heading and barrel (laves, landed or taken
in as is above mentioned, ninepence
For every thoufand of hoglhead ftaves, heading or hoops, one (hilling
For every thoufand of pipe ftaves and handfpikes, one (hilling and fix«
pence
p0r every thoufand of butt ftaves, two (hillings
%
0
0
9
0
1
9
0
6
1
p
0
g
£■
s, d.
O
o 4
0
o 4
o
o &
;83 WHARFS, SHIPPING AND PILOTAGE.
For every* cord of firewood, fourpence
For every cord of tanner's bark, fourpence
For every thoufand of bricks or hearth tiles, fixpence
For every article herein before enumerated, that fhall lay longer than one
week upon any wharf, the whole wharfage before rated each week.
For every tierce of fhip bread, hogfhead of wine, and other goods m
hog (heads and tierces of about fixty -three gallons, one penny half-
penny 0 o i\
For every hogfhead of rum, pipe of wine, and other goods in hogfheads
and pipes of about one hundred and twenty gallons, threepence 003
For every hogfhead of fugar of one thoufand weight and under, four-
pence 004
For every hogfhead of fugar of above one thoufand weight, fixpence 006
For every one hundred weight of hemp, one penny O O 1
For every ton of logwood, fuftic, lignumvitee, or brafiletto, landed or
loaded from any veffel at any wharf, and not lying above one week,
fixpence o o 6
And for every week after, fixpence 006
For every ton of the like wood taken in by one veffel from another lying
at a wharf, threepence 003
For every hundred feet of mahogany and other heavy wood accounting
inch meafure, that fhall not lay longer on a wharf than one weeky
one penny halfpenny
For every ton of iron and other heavy goods, fourpence
For lime, at the rate of eightpence each hundred bufhels
For every large bale, hogfhead, tierce or vat of the like fize, threepence
For every cafe, trunk, cafe cheft, box, bundle, coil of cordage, or ham-
per, one penny
For every coach or other four-wheeled carriage, ane milling and-fix-
pence
For every riding chair or chaife, ninepence
For every pot, fkillet, jug or keg of fhot or paint not enclofed in any
package, each dozen twopence
For every grind or quern hone, one halfpenny
For every keg of bread, flour, butter, tallow, lard and fuch like arti-
cles, fourpence each dozen o o
For every barrel of one hundred weight of gunpowder, twopence and
in proportion for fmaller barrels of the fame
For every ton of coals, fourpence
For every week after the firft week that it fhall lie on the wharf, twopence
For every hundred of pavang or Bermuda ftones, fourpence
For every hundred of raw or tanned hides, one milling and fixpence,
and fo in proportion for raw or tanned fides 016
For every thoufand pounds weight, and in proportion for fmaller -quan-
tities of hay or corn blades, fourpence O o 4
For every other article of goods not before enumerated, at the rate of
fourpence each ton? according to weight or meafure o o 4
0
0
0
0
4
0
0
8
0
0
3:
0
0
1
0
r
6
0
0
9
0
0
2
0
0
J.
0
0
0
2,
0
0
4
0
0
2
0
0
4
WHARFS, SHIPPING AND PILOTAGE. 589
£. i. i.
For every fpecies of goods the fame rates and allowances as for landings .
and for the weighing of goods and merchandize, that is to fay,
For every barrel of rice or turpentine, weighing three hundred and fe-
venty-five pounds and upwards, not exceeding feven hundred pounds
• grofs, one penny o o i
For every tierce, barrel or hogfhead of any kind of goods, upwards of
feven hundred pounds, and not exceeding eleven hundred pounds,
(indigo excepted) ninepence O O 9
For every hogfhead or cafk of any kind of goods, weighing upwards
of eleven hundred pounds, per hundred weight, one penny o O l
For every ton of fuftic, logwood, brafiletto, lignumvitee or other
wood per ton weight, two millings and twopence 022
For every ton of iron or other heavy goods, one Chilling and fix-
pence 016
For every draught of deer fkins, hemp, foreign bark or any other kind
of goods, not weighing upwards of two hundred and fifty pounds,
twopence halfpenny . Q o 2^
For every draught above two hundred and fifty pounds of fuch like
goods, fourpence 004
For every draught or package above two hundred and fifty pounds weight
and not exceeding frve hundred pounds weight when more than one
is weighed, fivepence 005
For every barrel, hogfhead or other package of indigo, threepence 003
And for the ftorage of goods, that is to fay,
For every barrel or other cafk or package of indigo each hundred weight
per week, one penny o 0 I
For every hogfhead, tierce, barrel, large trunk, cafe or bale of any goods
that fhall be put into any ftore for one or more nights not exceeding
one weekj fivepence 005
For every week or part of a week, after the fame rate as above.
For every fmaller cafk, box, bag, or other package of fuch goods, one
or more nights not exceeding one week, twopence halfpenny and for
every week or part of a week after at the fame rate.
For every hogfhead of rum, pipe of wine, tierce or hogfhead of bottled
liquor, and for every hogfhead or large tierce of fugar per week, five-
pence 005
And for every week or part of a week after fourpence 004
For every whole barrel of rice not exceeding fix hundred and fifty pounds
grofs, for the firfl and laft week, one penny halfpenny 00 if
And for every intervening week per barrel, one penny o O 1
For every half barrel of rice, barrel of pork, beef, bread, and other bar-
rels and packages not before rated, not weighing above three hundred
and feventy-five pounds grofs, for the firfl and laft week, one penny o O 1
And for every intervening week, one halfpenny o O Oj
And in proportion to the foregoing rates for every other article not enu-
merated above, according to fize and weight.
2. And whereas, fome regulation is neceffary to be made with refpecl to the moor-
ing of fhips or veffels at the faid wharfs and in the river before the faid town of Sa«
590 WHARFS, SHIPPING AND PILOTAGE.
bSesi&wn vaonahj Be it therefore further enabled, That all veffels lying in the river Savannah
howtu'b"1' before the laid town, common or hamlets of Yamacraw, and the truftees' gardens, and
not loading at any wharf, mall be properly moored head and ftem as near the bank
on the north fide of the faid river as conveniently may be, and that no veffel whate-
ver not loaded as aforefaid, (hall be permitted to lie and take in her loading in the
toasuper™atend middle of the faid river on any pretence whatfoever; and that the harbor mafter of
the laid 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 mail proceed againft
the offenders as herein after is directed,
pfoypersonm 3. And be it enacted by the authority aforefaid, That in cafe any veffel properly
v««icsaiyine moored in the faid river and within the limits above mentioned, fhali be overlaid by
revive twenty Lhe cable of any other veffel, except in fqualls or dorms of wind, the mafter or
for. commander of the veffel fo overlaying fhall, upon application made to him by any per foil
belonging to the veffel fo overlaid, raife his anchor and moor properly ; and in cafe of his
refufal fo to do, it fhall be lawful to and for the harbor mafter to employ men and
boats to raife fuch anchor at the expence of the party refufing, who fhall likewifepay
fadtunreveentn trie ^^ harbor mafter one pound for his trouble therein; and the faid harbor mafter
tniu&c. into i-s hereby authorized and required to put in force the act entitled "An aft. to amend
rivers. an aQ 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/'
^'"rowing"' 4- ^n^ whereas, makers of veffels do frequently difcharge their ballaft in the river
vannai!nRWe^ Savannah before they come up to the town under the pretence of lighting their veffels j
bow to be treat- ge ^ enafteci fry the authority aforefaid, That any mafter of a veffel fo difcharging his
ballaft contrary to the direction of the above mentioned act entitled "An act to amend an
acl to prevent perfons throwipg ballaft, or rubbifh or falling trees into the rivers and
navigable creeks within this province and for keeping clear the channels of die fame, fhall
be proceeded againft and be liable to the feveral penalties as directed in the faid aft ; and
the harbor mafter is hereby required to give information, upon oath, to the chief
juftice or one of the affiftant juftices of the general court of this province, as foon
as the fame fhall come to his knowledge, of all and every offence or offences that fhall
be committed againft the faid before recited aft.
Mfssterforfeit$" 5* -And be it further enacted, That all and every mafter or mafters of veffels, who
*SSndsnoaefIa- maul negle& or refufe to comply with the feveral regulations of this aft not provided for
wuhu^eff by the acts to prevent perfons throwing ballaft, or rubbifh, or falling trees into the ri-
vers or navigable creeks, fhall forfeit and pay the fum of one hundred pounds, to be
recovered and applied as herein after is directed.
Harbormaster 6. And belt further enabled, That the faid harbor mafter fhall from time totirne in-
whiVfsTnd the fpeft the feveral wharfs erefted or to be erected, and in cafe any owner, occupier, or
§™stecuteuffen"iefiee fhall have offended againft this aft, and upon notice thereof to him given fhall
not comply therewith, the faipl harbor mafter is hereby directed to proceed according
to the directions herein mentioned and expreffed.
And decide dis- 7- A/nd be it farther enabled, That all difputes and differences which may arife be-
rn^eterbscofreSn- tween mafters of veffels or wharfingers, relating to the hauling in or hauling off
to!;\rs.a wharf"of any fuch veffe! to or from any wharf or wharfs, or in mooring fuch veffel, fhall
be referred to and immediately decided by the faid harbor mafter.
And examine 8. And be it further enabled, That no vacant fpace of public landing under the Bluff
t^dpubucaiSid. of the town of Savannah, at the end of oroppofitetoany ftreet, mall beencumbered with
*£** any lumber or thing whatfoever," on pain that fuch lumber or thing whatfoever fb
Harbor master
to inform on
oath.
WHARFS, SHIPPING AND PILOTAGE. 59*
encumbering any public landing as aforefaid, (hall be forfeited feized on and fold by
the harbor mafter, if not removed in twenty-four hours after notice fhall be given by
the faid harbor mafter to the owner, or the perfon who mall have the charge of fuch
lumber, or other thing, or who mall have encumbered, or caufe to be encumbered,
any fuch public landing therewith, and the monies arifing from the fale of any fuch
lumber or thing whatfoever, after deducting the charges of feizing and felling the
fame, fhall be applied in manner herein after direfted.
9. And be it further enacted, That the faid harbor mafter fhall, before he enters And Aa]I u
upon the execution of his office, take and fubferibe the following oath before one of swern*
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 fwear aisoath.
that I will to the beft of my {kill, knowledge and ability, without partiality or preju-
dice, execute the office and perform the duty of harbor mafter in the town and port of
Savannah, as dire&ed in and by an aft of the General. Affembly, entitled " An a£l
for regulating and afcertaining the rates of the wharfage of fhipping, merchandize,
and ftorage in the feveral ports, and the duty of an harbor mafter for the port of Sa-
vannah, and that I will alfo put in force another act of the General Affembly enti-
tled an aft, to amend an aft 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
aft, and that I will perform the faid duty without delay, and put the faid aft: in fuli
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 veflel coming into the port of Sa-
vannah, the fees following, that is to fay, for every (hip, fnow, brigantine or bylander Hlsfee$,
the fum of five (hillings, and for every (loop or fchooner (coafters trading from one
part of this province to another only excepted) the fum of three (hillings.
10. And be it further enaBed, That all the penalties hereby inflicted or forfeitures F;neS)&c,h(3W
hereby declared, under the fum of eight pounds, fhall be recovered by warrant ofapp°u'Jfdan,i
diftrefs and fale of the offender's goods, under the hands and feals of any two juftices
of the peace for the parifh of Chrift Church, and before whom proof thereof fhall
be made by the faid harbor matter; and where the fame fhall amount to more than
eight pounds, the faid harbor mafter is hereby enabled to fue for and recover the fame
in any court of record in this province, by action of debt, bill, plaint or information,
and that this act fhall be taken in evidence without fpecial plea; and the faid penal-
ties and forfeitures when recovered to be paid to the public ireafurer, 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 matter
thereof fhall be given in evidence on the general iffue, and upon fuch fuit being dif-Shanpieadthe
continued or judgment palling againlt the plaintiff therein, the defendant fhall reco-generalis'ue'
ver double colts.
11.* And be it further enacted. That the clerk of the market fhall, once in every s"'es- weights
J , . .-■ " ' / and measures,
three m on tbs, examine all fcales-, weights and meafures ufed on the wharfs, and that fa°t£.itoberee'>
the fame be agreeable to the ftandards in his care, and in default thereof fhall forfeit
and pay into the hands of the commiflioners of the market of the town of Savannah
a fum not exceeding two pounds, to be applied as herein before is directed.
* Vefted in the corporation of Savannah. See aft of 1789.
592 WHARFS, SHIPPING AND PILOTAGE,
KorTr"a i2- And in order to prevent frauds and deceits being committed in the weighing
of rice and other commodities, Be it enabled, That every wharfinger or any other
perfon employed by him, (hall, previous to the undertaking fuch bufinefs, be {'worn
before any of his majefty's juftices of the peace within the faid province, faithfully to
execute the fame, and fhail weigh the faid enumerated goods, and deliver an exact
and true account of all goods by him weighed, to the parties, if required; and in
raisse°weigbts?g ca-k anv perfon or perfons mall be found to have falfe weights or mealures, and un-
^lte" der the faid fiandard, every fuch perfon or perfons fhall forfeit and pay the fum of
ten pounds for ever fuch offence* to be recovered as herein before is directed.
comimwtion. 13. And be it further entitled, 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 then next feffion of
the General Affembly, and no longer'.
By order of the Common Houfe of Affembly.
WILLIAM YOUNG, Speaker.
By order of the Upper Houfe.
JAMES HABERSHAM. PrefdcnU
Council Chamber, 12th of March, 1774.
TAMES WRIGHT,
An aH to regulate the pilotage of veffeh to and from the fever al ports of this fat c\
1# W 7TIEREAS it is highly neceffary for the fafety of all (hips and veffels bound
YV inward to and outward from the feveral ports of this flate, that there mould
be a furhcient number of fkilful and able pilots conflituted and appointed for the
bringing in and carrying out the fame: for the more expeditious and effectual per-
of"iiotage"p-s formance of which, Be it enabled by the Senate and Houfe of Reprefentatives of the
pointed. fate of Georgia in General Affembly met, and by the authority of the fame, That the
feveral perfons herein after named be commiffioners for the regulation of pilots, rates,
For the tax of and all matters relating to the pilotage for the ports herein after mentioned, viz. for
the bar of Tybee and river Savannah, and for the feveral bars and inlets lying to the
northward of St. Catharine's Bar? Richard Wayne, Alexander Watt, William Hun-
ter, James Robertlon, in the room of George Parker, deceafed, and William Belcher;
for the bar of St. Catharine's and river Midway, and for the feveral bars and inlets
For the b.irof '
st Catharine-*, to the fouthward of St. Catharine's Bar as far as Turtle River, John Lawion, fen.
Adam Alexander, Alexander Forrefter, James Montfort and John Cooper, of St.
Forthebarof Simon's: and for the bar of St. Mary's, and for all the bars and inlets north of the
faid Turtle River, James Seagrove, Thomas King, William Johnfon, Harrifon Car-
wh9tnaynom-ter anc] Phinehas Miller. Three of each refpeftively are hereby declared to be a quo-
knatc pilots & " I # / j -1
license tiiem. rum? and who are hereby empowered to nominate, appoint and licenfe fuch perfon
or perfons, as they {hall think to be mofl fit and competent to aft as pilots for the
conducting of veffels inward and outward from the feveral ports for which they fhall
be licenfeu, during their good behaviour feverally and refpeftively. And if there
fhall happen to he a deficiency of the faid number of five commiflioners refpeftively,
by death, resignation or departure out of this ftate, the furviving or>remaining num-
ber, in fuch cafe, fhall apply to the governor or commander in chief for the time be*
WHARFS, SHIPPING AND PILOTAGE. £93
Intf, wtio is hereby empowered to appoint a new commiffioner or commiflioners to
fill any vacancy that (hall fo happen, and fo on from time to time, and at all times
hereafter, whenfoever there mall be a deficiency of the faid number of five commif-
lioners for each diftricl;*
2. And be it further enabled by the authority afore/aid, That from and after the paf- ^1^™^
fing of this aft, no perfon fhall be entitled to receive any fee gratuity or reward for L" lc(
conducing or piloting any veffel inward to, or outward from any of the ports or
harbors for which a pilot mall be licenfed, unlefs fuch perfon is properly nominated,
appointed and licenfed by the commiflioners of the port where fuch veffel is bound
to, or going from, and that no perfon may meddle, interfere, or difturb the licenfed
pilots in the way of their duty*
3. Be it further enabled by the authority afonfaid, That any perfon or perfons acl- penalty f0?s8
ing or pretending to acl as a pilot or pilots without-having proper authority, from the
commiflioners aforefaid, fhall for every fuch offence be fubjecl to a fine, not excee-
ding one hundred dollars, at the difcretion of the commiflioners of the port, or a
majority of them, who are hereby authorized to affefs fuch fine, and inforce the pay-
ment, or imprifonment of the party offending, in the fame manner and time, as is
heretofore pointed out for recovering fines, from pilots or mailers of veffels, not wil-
ling to abide by the award or decree of the commiflioners of pilotage, any law, cuf-
tom, or ufage to the contrary of this acl notwithstanding-
4. And be it further enabled by the authority aforefaid. That every pilot or pilots, bond'and'slcS
warranted or to be warranted or licenfed as aforefaid, fhall enter into bond with thenty"
commiflioners of pilotage, with two or more fecurities in the penalty of two thoufand
dollars to his honor the governor and his fuccefibrs, for the due execution of their of-
fice, and mall take and fubfcribe the following oath, to be tendered by the faid com-
miflioners, or any quorum of them, for the time being, before the faid pilot or pi-
lots fhall be entitled to receive any fee or reward, in that capacity, viz*
"I, A. B. appointed pilot for the port and harbor of do folemnly and fin- And take a*
cerely fwear, that I will well and truly execute and difcharge the bufinefs and duty of oal
a pilot in the faid port and harbor of , according to the belt of my flail and
knowledge, and that I will at all times (wind and weather permitting) ufe my beft en-
deavors to repair on board all fhips and veffels that I fhall conceive to be bound for,
coming into, or going out of the faid port or harbor of that appears to want
a pilot 1 and do further fwear, that I will from time to time, and at all times, make
the belt del patch in my power, to carry fafely out, or bring over the bar, and
to the place of difcharge, every {hip or veffel committed to my care; and that I will
from time to time, truly obferve, fulfil and follow to the belt of my Skill, ability, and
knowledge all fuch orders as I fhall from time to time receive from the commiflion-
ers of pilotage or the major part of them, in all matters and things relating to the bu-
finefs of a pilot."
. a. And be it further enabled by the authority aforefaid. That in cafe any damage. Dflfoenas m*
J \- - n ' tween pilots si
difpute, complaint, or difference fhall happen or arife, or be made againft, or be- ^f^.^Te
tween any matter or pilot for, or concerning the pilotage of any fhip or veffel, pr determined.
auv other matter incident, of or relative to the bufinefs, or care of a pilot, in any of
the laid harbors, all fuch damages, difputes, complaints, differences, (when the claim
does not exceed one hundred dolf.rs) are hereby ordered to be heard and determined
by the commiflioners or a majority of them, appointed for the care of the pilotage,
where fuch damage, or difpute ihail happen, who by their decree, arbitrament, or or-*
4 *"
594 WHARFS, SHIPPING AND PILOTAGE.
der, fhall and may lawfully decide, adjuft, and regulate every fuch damage, difpute,
complaint or difference, and if either of the laid parties, mailer or pilot mail refufe
to abide by, fulfil, or perform the decree, or order,or other adjudication of the faid commif-
fioners or a majority of them, who fhall hear and determine the fame, the party fo rehiring
fhall be fubject, in addition to the former award, to the penalty of not exceeding one
hundred dollars, as the faid commiffioners or a majority of them fhall think proper
to adjudge, the whole to be levied by warrant of diftrefs under the hand and feal of the
faid commiffioners or any three of them, and fale of the offender's goods, and fuch
part of the faid award and penalty fo inflifted and recovered as the commiffioners in-
flitting the fame, Ihall think reafonableto fatisfy any damage the party aggrieved fhall
fuffer by fuch negleft, aft, matter or thing as aforefaid, fhall be paid to the party ag-
grieved, and the remainder to be applied for improving the navigation of the port
and harbor where fuch penalty is recovered ; and in cafe of default of payment, of
fuch award and penalty, and no property to be found belonging to the party offend-
ing, then and in that cafe an attachment fhall go in like manner under the hand and feal
of the faid commiffioners, or any three of them, againft the perfon of the party fo re-
fuling, who is hereby to be kept in prifon for a term not exceeding fix months, with-
out bail or mainprize, any thing in this, or any former aft to the contrary notwith-
standing.
piiBtsanswera- 6. And be it further entitled by the authority aforefaid, That if any fhip or vefTel
teppeningiraw whatfoever or the cargo and freight therein contained, fhall happen to receive any
damage or mifcarriage, or be loft through the negleft, infufficiency, or default of,
or in any of the pilots for any of the faid harbors, after fuch pilot takes charge of the
fame, and the claim exceeds one hundred dollars, the faid pilot fhall in fuch cafe, on
jfo?eron8 conviftion thereof in any court of record, in this ft ate, be obliged to anfwer and
fcf tteb «co- ma^e good to the fufferers, or to the m after of fuch fhip or veffel, all and every the
o!Trcconrd.court^ama§es arjd loffes which he, or they fhall fuftain through the faid pilots negleft or
default in any manner or wife whatfoever.
commissioners 7. And be it further enabled by the authority aforefaid, That if any of fhe pilots for
lo^fro^office! the ports aforefaid for the time being, fhall be found not fuffkiently fkilled, or fhall
become incapable of afting, or fhall be negligent, or mifbehave in his duty towards
the commiffioners, or any one of them, then and in fuch cafe the commiffioners of
the port or harbor for which fuch pilot is licenfed, fhall annul or revoke the warrant or
licenfe of every fuch incapable or offending pilot, who fhall thenceforth be totally fuf-
pended, and be deemed incapable to receive and take any fee, gratuity, or reward,
for the guiding or piloting of any fhip or veffel inward to, or outward from any of the faid
ports; and if fuch fufpended pilot fhall under any pretence whatfoever, pilot or at-
tempt to pilot any fhip or veffel inwards to, or outwards from any of the aforefaid
ports, he fhall on due proof thereof before the commiffioners or a majority of them >
be fubjeft to a fine for every fuch offence not exceeding one hundred dollars.
tefrefu^M 8. And be it further enacted by the authority aforefaid, That any perfon, maftcr or
en'boTrd pcom- commander that, fhall bring any fhip or veffel to any of the bars or the coaft of any
J;';lliu^stoi;,ay of the faid harbors, and fhall refufe to receive on board any warranted or licenfed pi-
lot, the faid perfon, maftcr or commander, fo refufing and afterwards bringing in the
faid fhip or veffel into any of the ports aforefaid, fhall and is hereby made liable to
pay the pilot firft offering to come on board /hip or veffel without the bar, to take
charge thereof as pilot, the fame rates, dues, and payments, as are herein after par-
ticularly exprefTed and provided, and to be paid in the fame manner, as if the faid pi-
WHARFS, SHIPPING AND PILOTAGE. 595
lot had actually piloted the fame fhip or veffel into any of the faid ports or har-
bors.
.9. And be it further enabled by the authority aforefaid, That the mafter or coraraan- toaiipaya*
der of any fhip or xeffelfor the confederation of the pilotage of the faid fhip or vef- SdbJ^S?2tr
fel inward to, or outward from any of the ports or harbors aforefaid. Hi all pay un-$iau£cwss
to the licenfed pilot that fhall take charge of the fame, the feveral fum and fums of
money, rates, and prices as are eftablifhed by the board of commiffioners, as full and
ample fatisfaQion unto the faid pilot, for his care and charge in bringing in, or carry-
ing out every fuch fhip or veffel; and if any licenfedpilot fhail afked or demand more
fees for his fervices than is fpecifiedin the rates of pilotage, on due proof thereof be-
fore the commiffioners or a majority of thern, he fhail forfeit double the amount of
fuch veffel's pilotage.
10. And be it further enacted by the authority aforefaid. To encourage as much as-The -1]atw^
may be pilots to attend the bars, that all and every licenfed pilot bringing any veffel fafe ^^"SSii
from fea, fhall have the preference of bringing fuch'ihip or veffel up and down thereto conduit
river, and to fea again, provided they give their attendance and are duly qualified, Uout"
and if any mailer or owner of any veffel in the port employ any other pilot to carry
his veffel down the river or to the fea, but the pilot who brought her in, or one be-
longing to the fame boat, unlefs good and fuffkient caufe fhall appear therefor, on due
proof thereof before the commiffioners, fhall be liable to a fine not exceeding one
hundred dollars, one half to the pilot claiming the pilotage of the veffel; but fhouki
fuch pilot neglect or refufe to attend and carry down faid fhip or veffel when ready for
fea (wind, weather and tide permitting) and thereunto required by the mafter, owner
or confignee, fhall, on conviction thereof before the board of commiffioners, forfeit
the upper pilotage of fuch veffel, and be liable to a fine not exceeding one hundred
dollars; and every pilot acfing on board fuch veffel where he has no right, fhall be lia-
ble to the fame penalty, provided the commiffioners have not fuffkient evidence of the
neceffity of his aSing,
11. And be it further enabled by the authority aforefaid, That all and every pilot ^ratcre*
in any of the harbors aforefaid, when he has brought any fhip or veffel to anchor in*1'*
any of the aforefaid harbors, fhall and is hereby directed and required to moor fuch
fhip or veffel, or to give proper direction for the mooring of the fame, and for their
fafe riding at fuch mooring.
12. And be it further enabled by the authority aforefaid, That if any pilot or pilots M3y be .eejapet-
belonging to any port in this ftate, fhall meet at fea with any veffel or veffels bound In^'p^
to another port within the fame, fuch pilot or pilots fhall, if capable and thereunto
required, take charge of and pilot the fame into fuch port, and fhall be paid two dol-
lats per day for every day fuch pilot fhall be on board fuch veffel at fea without the
bar, over and above the ufual rates of pilotage; and no other pilot fhall interfere
while the firft is willing to continue his fervices.
13. And be it further enabled by the authority aforefaid, That all veffels entering and ^o^S
clearing within this ftate ffiall pay the feveral rates of pilotage, if a licenfed pilot isbyallTe£2£ls-
offered, except the conftant coafting veffels to and from Charleflon, and they fhall
pay half pilotage up, if a pilot is offered without the bar, if they take no pilot, and
whole pilotage if they take one, any law, cuftom or ufage to the contrary notwith-
ftanding; but veffels coafting from one port to another within the (late fhall not be
liable to pay pilotage3 unlefs a pilot is required to acl on boisrd,
1
59<3 WORKHOUSE FOR THE CUSTODY OF NEGROES.
T>neS appropn- t^ ^n(]. fa it further enaBed by the authority afore/aid, Thai all fines or parts of fines
that may be recovered under this aft, and (hall not be awarded by the commiffioners
to the party complaining, (hall go to the fund for improving the navigation of the
port.
madetogive 15. And whereas there has been inftances of captains of veffels refufing to pay the
oHuvira to.16 pilots agreeable to rates, after getting to fea, in which cafe the laid pilots have no re-
medy: Be it further enaBed, That the captains of fuch veffels as have no owner or
consignee in the port, (hall be obliged, if requeued by the pilot acting onboard, to
give fecurity for the faithful payment of the pilotage before faid veffel leaves fuch
port.
suemaypjeaa. 16. And be it further enaBed by the authority aforefaid, That if any perfon or per-
forms authorized to carry this aft into execution mall be fued or profecuted for any
matter or thing to be done in purfuance thereof, it (hall and may be lawful for fuch
perfon or perfons to plead the general iffue, and give this aft and the fpecial matter in
evidence.
Repealing 17. And be it further enaBed by the authority aforej raid, That all former afts refpec-
ting the regulations of pilots and pilotage are hereby repealed.
DAVID MERIWETHER, Speaker of the Houfe of Reprefent alive s.
DAVID EMANUEL, President of the Senate.
Afiented to December 6, 1799.
JAMES JACKSON, Governor.
WORKHOUSE FOR THE CUSTODY OF NEGROES.
An aB for regulating a zoorkhoufe for the cufody and punifJimenl of negroes.
preamble. i. "\~% THERE AS a law for regulating a workhoufe for the confinement of ne-
\ V groes and punimment for fuch as are obftinate and diforderly is highly
neceifary :
•eommissienero Be it enaBed, That jofeph Ottolenghe, William Ewen and John Morel, efqrs.
t£ework.hou°e Alexander Fyfe and Benjamin Goldwire, fhall, and they are hereby nominated
of'siav^.1" and appointed commiffioners for the ordering and taking care of the faid workhoufe;
Th«r powers, ^hich faid commiffioners or any three of them, fhall have full power and authority
to do and tranfaft all and every the matters in and by this aft enjoined and direfted
to be done by them ; which commiffioners fhall be and continue until Eafter-monday,
in the year one thoufand feven hundred and fixty-four, after which the fame number
of commiffioners fhall be annually chofen and elefted at the fame time and in the
fame way as is appointed for choofing parifh officers : And the commiffioners fo cho-
fen refufing to aft, fhall be and they are hereby made liable to pay the fame fine as
is impofed on church wardens refufing to aft.
2. And be it further enaBed, That the faid commiffioners fhall, within two months
appointed by after the paffing of this aft, appoint a fit and proper perfon to be mafter or
st«W warden of the workhoufe for fuch term and time, not exceeding the term of three
WORKHOUSE FOR THE CUSTODY OF NEGROES. 597
years, as they (hall think fit, or during his good behaviour; to have and take the care
and charge of the workhoufe, and of the negroes that from time to time Oi all be Cent
or committed to his care: And the fkid commiffioners are'hereby empowered to con Hisfees.
tract with fuch mailer or warden, to have and take fuch fees, perquifnes and advan-
tages out of the profits of the work and labor of fuch (laves as lhall be committed
or fent to the workhoufe, or fuch other dated falary out of the profits of the fame,
as they fhall think realonable during the time of his appointment.
3. And be it further enabled, That the mailer or warden of the workhoufe to be S^1'
appointed as aforefaid, fhall have power and authority, and he is hereby authorized^^woSiouJ",
empowered and directed to fet all fuch negroes (criminals excepted) as mail from time-orirun"Lm<;OT
to time be duly fent or committed to his cufiody, to work and labor (if they be able)
for fuch time as they mall continue and remain in the workhoufe, and to punifh them
by putting fetters or (hackles upon them, and by moderate whipping, not exceeding
twenty flripes in one day.
4. And be it further enabled, That the faid maflerand warden of the workhoufe stun provide
n • ■ ■ r materials for
mall provide as there (hall be occafion fuitable materials for the employment of fuch *%&$* ^«"«
negroes as (hall be committed to his cufiody (except as before excepted;) and all thehowai1i,iicd- '
profits that fhall arife by the labor of fuch negroes fo to be employed (hail be paid
by the faid mafler or warden to the faid commifTioners, who fhall apply the fame to-
wards the difcharge of the faid mailer's fees or falary and in providing materials for
the faid negroes' employment.
5. 6, 7, 8, & 9, Re-enacled by act of 1770. Vide feet ions 2 j, 25, 26, 8c 28.
10. And be it further enabled. That any perfon or perfons having (iubborn, obfti^vesastheir
nate or incorrigible negroes or ilaves, may lend and commit them to the workhoule, 1S"-
there to be kept to hard labor, or otherwife to be corrected as they fhall direct ; and the
mafler and warden is hereby flrictly commanded and required to execute the fame,
the owner or owners thereof paying for the correction and maintenance of fuch (lave
or (laves during his or their confinement, at the following rates, viz. fixpence for each fae£j/orthe
day's maintenance, and one milling and fourpence for each chaftifement that the
owners may direel.
11. And be it further enabled. That in cafe of the death, abfence or refufal to act, *
of any of the commiffioners named in this act, the acting commiffioners, or the ma-coran
jority of them, (hall appoint other proper perfons as commiffioners in the room of
thofe who may die, be abfent, or refule to act as aforefaid.
12. And be it further enabled. That this act (hall be and continue in force during £?]$™a
the term of three years from the paffing of the fame, and from thence to the end of
the next feffion of the General AfTembly, and no longer.
By order of the Commons Houfe of AfTembly.
LEWIS JOHNSON, Speaker.
By order of the Upper Houfe.
JAMES HABERSHAM, Prefdent,
Savannah, in the Council Chamber, April 7, 1763.
Adented to.
JAMES WRIGHT.
cancies of
issioHtsSl
598 WORKHOUSE FOR THE CUSTODY OF NEGROES.
An ac~i to amend and continue an aH for regulating a workhoufe for the cuflody andpunijli*
ment of negroes.
PfetmWs,
1. T^[ 7HEREAS in and by the fifth ciaufe of the aft of the General Affembly of
V V this province, entitled " An aft for regulating a workhoufe, for the cuftody
and punifhment of negroes," it is enacled that all and every perfon and perfons with-
in the fa id province taking, apprehending and fecuringany runaway or fugitive (lave
or (laves, (hall and they are thereby direcled and required, inftead of delivering fuch
fugitive flaTe or (laves to the conftables in manner as directed by an acl of the Gene-
ral Affembly of this province, now expired, entitled " An acl for the better order-
ing and governing negroes and other flaves to fend fuch (lave or (laves immediately
to the mafter or other perfon having the care or management of fuch (laves, if the
perfon taking up fuch flaves does know, or can without difficulty be informed to whom
fuch (laves do belong.
And whereas by an acl of the prefent General Affembly of this province, entitled
li An acl for the better ordering and governing negroes, and other (laves and to prevent
the inveigling, or carrying away (laves from their mailers or employers, it is enacled
That all fugitive (laves io taken up (hall be, by the perfon or perfons taking them,
delivered at their option either to the owner of fuch (laves or to any conflable of the
parifli : And whereas, under color of the faicl fifth ciaufe of the acl for regulating a
workhoufe for the cuftody and punifhment of negroes, conftables, when thereunto
required by virtue of the laft recited aft of the General Affembly, for the better or-
dering and governing negroes and other flaves, to prevent the inveigling or car-
rying away flaves from their matters or employers, have refufed to take into their
ytigUivesLwes charge and cuftody fuch fugitive (laves: Be it enacted, That immediately from and
;.ndsenttonthdr after the paffing of this acl, all and every fugitive (lave or flaves taken up and fecured
Hver ed'to t,hc within this Drovince, (hall be by the perfon or perfons fo taking them up, delivered
master of the .. . ° -.
v.-orkhoHse er to the owner or perfon having fuch (lave or (laves in charge, or to the warden of the
constable. * . <-* " ■ ' .
workhoufe, or otherwife be delivered to the conflable of any parifh, agreeable to the
direclion of the thirteenth ciaufe of the acl for the better ordering and governing ne-
groes and other (laves, and to prevent the inveigling or carrying away Haves from
their mafters or employers.
2 And whereas, the faid acl for regulating a workhoufe for the cuftody and pun-
centinuati«. ifhment of negroes is near expiring, Be it enacled, That the faid acl, and every part
and ciaufe thereof, except fuch part of the fifth ciaufe as is in and by this acl altered
and amended, fhall further continue and be in force, for and during the fpace of
three years from and after the paffing hereof, and from thence to the end of the next
feffion of the General Affembly and no longer.
By order of the Commons Houfe of Affembly.
ALEXANDER WYLLY, Speaker.
By order of the Upper Houfe.
JAMES HABERSHAM., Prtfident.
Council Chamber, 26th March, 1767.
A (Tented to.
JAMES WRIGHT.
Executive Department,
Louifviile, March 3, 1801.
WHEREAS, agreeably to the a 61 of the fixthday of December, in the year of
our ii,ord one thoufand kvcn hundred and ninety-nine, wherein it is declared,
" That for the more general promulgation of the laws oi this (late, the fecretary of
the (late with two comrniffioners, who fhali be appointed by the legiflature for that
purpofe, fh all examine into, digeft and arrange the feveral laws thereof now in force,
and report the fame to his excellency the governor, who (hall approve or difapprove
of the fame;" and " That if his excellency the governor mall approve of fuch di-
geft of the laws of the ftate as may be reported to him in purfuance of this aft, that
then the fecretary of the (late (hall, under the direction of the executive thereof, caufe
to be printed, in a quarto bound volume or volumes, one thoufand copies of fuch
digeft of the laws of this ftate as may be reported by the aforefaid com miffi oners and
fecretary of ftate, in terms o^ this aft." I have attended to the report of a digeft com-
piled by Horatio Marbury and William H. Crawford; and taking into view the eighth
ieftion of the third article of the conftitution, to wit: " Within five years after the
adoption of this conftitution, the body of our laws, civil and criminal, mail be re-
vifed, digefted and arranged under proper heads, and promulgated in fuch manner
as the legislature may direft."
And whereas the laft legiflature by joint ballot did appoint, in addition to the fe-
cretary of ftate, the acknowledged ftate commiffioner by law, George Watkins, and
William H. Crawford, additional comrniffioners to carry into execution the aft for a
digeft as aforefaid :
And whereas the faid feveral comrniffioners, the one from duty as ftate commiffion-
er and the others from eleftion, did, on the eighth day of December, one thoufand
eight hundred, affemble at the ftate-houfe under the faid law, and take the oath requi-
red in and by a refolution paffed both Houfes, and approved by the governor confti-
tutionally on the fecond day of December laft, as follows: " I do folemnly
fwear, that I will, to the beft of my power and ability, and agreeably to the confti-
tution, revile, digeft and arrange under proper heads, the body of the civil and cri-
minal laws of this ftate, and that I will in no wife or manner whatever infert in the
faid digeft a certain ufurped acl, entitled ' An acl fupplementary to an acl, entitled
An act for appropriating a part of the unlocated territory of this ftate for the pay-
ment of the late ftate troops, and for other purpofes therein mentioned, declaring the
rights of this ftate to the unappropriated territory thereof, for the protection and fup-
port of the frontiers of this ftate, and for other purpofes.' So help me God." And
George Watkins, after being folemnly fworn, never attended to perform his duty,
whether aftuated by motives to defeat the due execution of public powers, or others,
not ascertained :
JSoto tmoto ge, legislators, titi}tm and people of dfteorgta, That i,
James Jackson, Governor thereof, in conformity to and in obedience of the afore-
mentioned afct, do confirm and eftabliih Marbury and Crawford's reported digeft as
the digeft of the ftate, believing that every ufeful acl: of force is in it, and that no ma-
terial acl to injure private or public happinefs or property is withdrawn or concealed
from it.
I therefore approve and ratify it, leaving an appendix and proper index, for
which their characters and further emoluments are interefted, to their future atten-
tion, and to a revifal by the legiflature.
JAMES JACKSON.
WBIiJWWlllUimilH,'WMW'iai'-;jl>;t ijjiwi, jt-»gtr»««rj~ o.l »iinw«;hji l>»M>W.>»Ut^^»W<^*iaM«>'»gg»?»»r
y^i
TREATY AT AUGUSTA,
WITH THE CHEROKEE AND CREEK INDIANS, IN 1773.
At a congrefs held at Augufta, in the province of Georgia, on the fir ft day of June, Treaty with
in the year of our Lord one thoufand feven hundred and feventy-three, by his cheScl5,3"
excellency Sir James Wright, bart. captain general and commander in chief of
the faid province, and the honorable John Stewart, efq. his majefty's fole agent
for and fuperintendent of Indian affairs in the fouthem diftricl of North America,
and the feveral chiefs of the Cherokee and Creek Indians, who are authorized and
empowered by the feveral tribes of the Cherokees and Creeks to attend at this
congrefs, and to aft for them and each of them :
HEREAS the Cherokee Indians did fome timeago propofeto theaforefaid go-
vernor and the fuperintendent, to cede unto his moft facred majefty king George
the Third a certain traft of land, fituate, lying and being within the province of
Georgia, on the river Savannah, above Little River, and extending up Savannah
River above Broad River, andacrofs the country towards the Oconee River, and
which the faid Cherokee Indians claimed as their right and property: And ivhereas
the faid Cherokee Indians, having confidered of their great poverty and diftrefs, and
fmding it to be out of their power to pay their debts due from them to their traders in
the ufual way, by hunting and getting deerfkins, declared themfelves under the ne-
cellity of making the above propofition, and requefted the faid governor and fuper-
intendent to lay their diftrefled iituation before his majefty, and to implore that he
would be gracioufly pleafed to accept of a ceflion of the faid lands from them, and
that the fame might be appropriated towards the payment of their debts juftly due to
the unfortunate people who had been trading amonglt them fince the peace made with
them, which was in the year one thoufand feven hundred and fixty-one, that fo their
traders might be enabled to fumilh them with goods as ufual: And whereas the dif-
trefled ftate and condition of the faid Indians, together with their propofition and
requeft as aforefaid, having been fully reprefented unto his majefty, tvho being gra-
ciodfly difpofed to relieve the faid Indians from their necefftties and diftrefs, and to
promote andpreferve peace and good order between and amongft them and his ma-
jefty's fubjefts trading with them, was pleafed to confent to receive a ceffion of the
So.2 APPENDIX.
faid lands Tor the purpofes aforefaid, and hath given instructions to his faid governor
and fuperintendent to hold a congrefs with them, and to take a ceffion of the faid lands
accordingly :
And whereas the Creek Indians do alfo claim to have a right and property in the
faid lands claimed by the Cherokee Indians, and propofed to be ceded by them as
aforefaid: And whereas the faid Creek Indians, in confideration of the payment of
the debts juftly due from them to the perfons trading with them fince the above pe-
riod, have alfo confented and agreed to join in the faid ceffion, and alfo to add fome
further lands to thofe propofed to be ceded by the Cherokee Indians: And whereas
his majefty hath been alfo pleafed to approve of the fame, and to direct that a ceffion
of all the faid lands be received and taken jointly from both the Cherokee and Creek
Indians ; It is therefore confented and agreed by and between the feveral Indian chiefs
prefent, and who have figned this treaty of ceffion, as%well Creeks as Cherokees, and
who declare themfelves to be fully and abfolutely authorized and empowered by the
feveral kings, head men and warriors of the Upper and Lower Creeks and of all the
Cherokee country, for and in behalf of themfelves and their feveral nations and
tribes, in manner and form following, that is to fay : We, the faid Indian chiefs, as
well Creeks as Cherokees, do freely offer and requeft, that the faid governor and fu-
perintendent, in behalf and for the ufe of his molt, facred majefty George the Third,
and to his fuccelfors forever, will accept of a grant and ceffion of the feveral lands
herein after mentioned and defcribed, that, is to fay: To begin at the place where
the Lower Creek Path interfecls Ogechee River; and along the main branch of faid
river, to the fource of the fouthernmoft branch of faid river; and from thence along
the ridge between the waters of Broad River and Oconee River, up to the Buffaloe
Lick; and from thence in a ftraight line to the tree marked by the Cherokees, near the
head of a branch falling into the Oconee River; and from thence along the faid ridge,
twenty miles above the line already run by the Cherokees; and from thence acrofs to
Savannah River by a line run parallel with that formerly marked by them : And the'
Creeks, by Saleachie, and Taleaehie, and other head men of the Lower Creeks, alfo
cede from the prefent boundary line at Phinhotaway Creek, on the Alatamaha River,
up the faid river to an ifland oppofite to the mouth of Barber Creek, and from thence
acrofs to Ogechee River, oppofite to the road about four miles above Buck-head,
where a canoe ferry ufed to be kept. And we, the faid feveral Indian chiefs, for our-
felves and our feveral nations and tribes of Indians, do hereby folemnly declare, that
we do fully and clearly underftand every part of this treaty and ceffion, it having been
fullv interpreted and explained to us, and that the fame is made at our own requefts
and for our own benefit and advantage, and for and towards the payment and fatisfac-
tion of the feveral debts which are juftly due and owing from us to the feveral perfons
who have traded and fupplied us with goods as aforefaid. And we, the faid Creek
Indian chiefs and Cherokee Indian chiefs, in confideration aforefaid, do by thefe
prefents, in the mod folemn manner,, for us and our feveral nations and tribes, fully
and abfolutely give, grant and confirm unto his molt facred majefty king George the
Third, all and lingular the lands herein before mentioned and defcribed. And we do,
for ourfelves and our nations and tribes as aforefaid, and for each and every of us
and them, furrender and yield up all and each and every of our refpective rights,
titles, intereft, claim and property of and in the aforefaid lands, unto his faid majefty
king George the Third; TO HOLD the fame unto him and his fuccefibrs forever.
And we the faid Creek Indian chiefs do hereby fully and abfolutely agree, that fran*.
APPENDIX. 603
henceforth the above lines and bounding fhall be the mark of divifion oflands between
his majefty's fubjecls in the province aforefaid, and as the faid Creek Indians, notwith-
standing any former agreement or boundary to the contrary; and that we will not
difturb any of his majefty's fubjecls in their fettlements, or otherwife within the lines
aforefaid. In confideration whereof, it is agreed on the part of his majefty, that
the monies arifing by fale of the lands ceded as aforefaid, after defraying the expence
of this congrefs and fuch other charges and expences as will necefTarily arife in carry-
ing this meafure into execution, fhall be applied towards the payment and fatisfaclion
of fuch debts as fhall appear to be juflly due and owing from the Indians to their
traders ^as aforefaid.
In tejlimony wfiereof. We, the faid governor and fuperintendent, have figned this
prefent treaty or deed of ceffion, and put to it our refpeftive feals, the day and year
above written; and the feveral kings and chiefs of the feveral nations and tribes of
Indians, have alfo fet their hands and feals to the fame, at the time and place afore^
faid.
TREATY AT AUGUSTA,
WITH THE CHEROKEE INDIANS, IN 1783.
Articles of a convention held at Augufla, in the county of Richmond, and ftate afore-
faid, this thirty-firft day of May, in the year of our Lord one thoufand fevem
hundred and eighty-three, and in the feventh year of the independence of the faid
ftate, between his honor Lyman Hall, efq. governor and commander in chief in
and over the faid ftate, general John Twiggs, colonel Elijah Clark, colonel W. Fews
the honorable Edward Telfair, efq. and general Samuel Elbert, commiffioners ap-
pointed by the legiflature of the fame, on the one part, and Tarpin, of the Lower
Towns, Tarpin, fon of the great warrior, the Bird-in-clofe, or the Che qua ena,
Nenean Jack, Claunaw, Chicafaw Tue, Afcafter, Amakantie, Claw Waftie,
Joenatua, Julataha, John Chifqua Una, China Wata, Calata, Junaftuta and
Canauta, head men, warriors and chiefs of the hordes or tribes of Cherokee In-
dinas, in behalf of the faid nation, on the other part, as follows :
WHEREAS a good underftanding and union between the inhabitants of the faid
ftate and the Indians aforefaid, is reciprocally neceffary and convenient, as well
on account of a friendly intercourfe and trade, as for the purpofes of peace and hu-
manity : It is therefore agreed and covenanted :
I. That all differences between the faid parties heretofore fubfifting, ihall ceale and
be forgotten.
II. That all juft debts due by any of the faid Indians to any of the merchants or
traders of the faid ftate, fhall be fairly and fully paid, and all negroes^ horfes5 or other,
property, taken during the late war fhall be reftorecl
I
€o4
APPENDIX.
III. That a new line (hall be drawn without delay, between theprefent fettlements
in the faid ftate and the hunting grounds of the faid Indians; to begin on Savannah
River where the prefent line ftrikes it, thence up the faid river to a place, on the
mod northeA branch of the fame (commonly called Keowee) where a north ealt
line, to be drawn from the top of the Ocunna Mountain, mail interfeQ: ; thence
along the faid line in a fouthweft direction, to the top of the faid mountain ; thence
in the fame direction to the Tugalo River; thence to the top of the Currohee Moun-
tain ; thence to the head or fource of the molt fouthern branch of the Oconee
River, including all the waters of the fame; and thence down the middle of faid
branch to the Creek line.
IV. In confideration of the friendship, which the people and government of the
faid ftate bear to the Indians aforefaid, and of their good will evinced by their pre-
fent attendance, the governor and commifiioners aforefaid, have made prefents to
them of a conliderable amount, which they hereby acknowledge to have received.
V. That a trade fhall be carried on by the traders and merchants of the faid ftate?
to the towns of the faid Indians ; in which the traders who fhall refide among them
and the pack-horfemen in going and coming fhall be protected; the trade to be fub-
jecl to future regulations of government.
VI. Andlaflly, they the faid head men, warriors and chiefs, whofe hands and feals
are hereunto affixed, do hereby, for themfelves and for the nation they are empow-
ered and do effectually reprefent, recognize, declare and acknowledge, that all the
lands, waters, w7oods and game lying and being in the ftate, eaftward of the line
herein before particularly mentioned and defcribed, is, are and do belong, and of
right appertain to the people and government of the ftate of Georgia; and they the
Indians aforefaid, as well for themfelves as the faid nation, do give'up, releafe, alien,
relinquish and forever quit claim to the fame or any part thereof.
Done and executed at Augufta aforefaid, the day and year above mentioned, in
the prefence of thofe whofe names are fubfcribed.
LYMAN HALL.
JOHN TWIGGS.
ELIJAH CLARK.
W. FEW.
EDWARD TELFAIR,
S. ELBERT.
Witnefs,
GEORGE WALTON.
ANDREW M'LEAN,
(L. S.) TARPINE.
(L. S.) TARPINE.
(L. S.) CHE QUA ENA.
{L. S.) NENEAN JACK.
(L. S.) CLAUNAU.
(X. S.) CHICKASAW-TUE.
ASCASTER.
AMAKANTIE.
CLAWASTIE.
JOENATUA.
JULATAHA.
JOHN.
CHISQUA UNA.
CHINA WATA.
CALATA.
JUNASLUTA.
CANAUTA.
CAT.
x (
L. S.)
X (
L.S.)
X i
L. S.)
X (
L.S.)
X (
L. S.)
X (
'L. S.)
X
'L. S.)
X (
L. S.)
X (
L.S.)
X |
L. S.)
X \
'L. S.)
X
'L.S.)
X (
L. S.)
X (
L. S.)
X (
L. S.)
X (
L. S.)
X i
L. S.)
X (
'L. S.)
APPENDIX. 6c.5
TREATY AT AUGUSTA,
WITH THE CREEK INDIANS, IN 1783,
(Bteorgia.
Articles of convention held at Augufta, in the county of Richmond, and ftate afore
faid, this firft day of November, in the year of our Lord one thoufand feven hun-
dred and eighty-three, and in the eighth year of the independence of the faid ftate,
between John Twiggs, Elijah Clark, Edward Telfair, Andrew Burns and Wil-
liam Glafcock, commiflioners appointed by the authority of the fame, on the one
part, and the Tailefee King, Tallefee Warrior, the Fat King, Mad Fifh, Top-
war King, Alachago, Hitcheto Warrior, Okoney, Okolege, Cufe King, Second
Man, Inomatwhata, Inomatawtufnigua, Head Warrior, Gugahacho, headmen,
• warriors and chiefs of the hordes or tribes of Creek Indians, in behalf of the
faid nation, on the other part, as follows :
WHEREAS a good underftanding and union between the inhabitants of the
faid ftate and the Indians aforefaid, is reciprocally neceffary and convenient,
as well on account of a friendly intercourfe and trade as for the purpofes of peace
and humanity: It is therefore agreed and covenanted:
. I. That all differences between the faid parties heretofore fubfifting, (hall ceafe
and be forgotten.
II. That all juR debts due by any of the faid Indians to any of the merchants or
traders of the faid ftate, fhallhe fairly and fully paid; and all negroes, horfes, cattle
pr other property taken during the late war, {hall be reilored.
III. That a new line fhall be drawn without delay, between the prefent fettlements
in the faid ftate and the hunting grounds of the faid Indians; to begin on Savannah
River, where the prefent line ftnkes it, thence up the faid river to a place on the
moft northern branch of the fame, commonly called Keowee, where a northeaft line,
to be drawn from the top of the Ocunna mountain, fhall interfecl; thence along the
faid line in a fouthweft direclion to the faid mountain; thence in the fame direction to
Tugalo River: thence to the top of the Currohee mountain; thence to the head cr
fource of the moft fouthern branch of the Oconee River, including all the waters of
the fame; thence down the faid river to the old line.
IV. In confideration of the friendlhip which the people and government of the
faid ftate bear to the Indians aforefaid, and of their good will evinced by their pre-
fent attendance, the commiflioners aforefaid have made prefents to them to a confi-
derable amount, which they hereby acknowledge to have received.
V. That a trade (hall be carried on by the traders and merchants of the faid ftate
to the towns of the faid Indians, in which the traders who (hall relide among them
6o6 . APPENDIX.
and the pack-horfemen in going and coming fhall be protected; the trade to be Tub-
je6t to future regulations of government.
VI. And laftly, they the faid head men, warriors and chiefs, whofehands and feals
are hereunto affixed, do hereby for themfelves and for the nation they are empowered
and do effectually reprefent, recognize, declare and acknowledge, that all the lands, wa-
ters, woods and game, lying and being in the ftate eaftward of the line herein before
particularly mentioned and defcribed, is, are and do belong, and of right appertain
to the people and government of the ftate of Georgia; and they the faid Indians
aforefaid, as well for themfelves as the faid nation, do give up, releafe, alien, relin-
quish, and forever quit claim to the fame and every part thereof.
Done and executed at Augufta aforefaid, the day and year above mentioned, in the
prefence of thofe whofe names are fubferibed.
JOHN TWIGGS. (Z. S.) TALLESEE KING. X (Z. S.)
ELIJAH CLARK. (Z. S.) TALLESEE WARRIOR, X (Z. S.)
EDWARD TELFAIR. (Z. S.) FAT KING. X (Z. S.)
ANDREW BURNS. (Z. S.) MAD FISH. X (L. S.)
WILLIAM GLASCOCK. (Z. S.) TOPWAR KING. X (L. S.)
ALACHAGO. X (L. S.)
H1TCHETO WARRIOR. X (L. S.)
OKOLEGE. X (L. S.)
COWETAW. X (L. S.)
CUSE KING. X (L. S.)
SECOND MAN. X (Z. S.)
INOMATUHATA. X (L. S.)
INOMATAWTUSNIGUA. X (L. S.)
SUGAHACHO. X (Z. S.)
Signed, fealed and delivered in prefence of Cornelius Dyfart, Richard Henfon,
John Lamar.
APPENDIX. 607
TS:
TREATY AT GALPH1NT0N,
WITH THE CREEK INDIANS, IN 1785,
Articles of a treaty concluded at Galphinton, on the twelfth day of November, on
thoufand feven hundred and eighty-five, between the underwritten comrnifhonen
in behalf of the ftate of Georgia, of the one part; and the kings, head men and
warriors in behalf of themfelves, and all the Indians in the Creek nation of the
other in the following conditions.
ARTICLE I.
THE faid Indians for themfelves and all the tribes or towns within their refpeftive
nations, within the limits of the ftate of Georgia, have been and now are mem-
bers of the fame, fince the day and date of the conftitution of the faid ftate of
Georgia.
II. If any citizen of this ftate or other perfon or perfons lhall attempt to fettle
or run any of the lands referved to the Indians for their hunting grounds, fuch per-
fon or perfons may be detained until the governor fhall demand him or them, and
then it mall be lawful for any of the tribes near fuch offenders to come and fee the
punifhment, according to fuch laws as now are or hereafter fhall be enacied by the
faid ftate for trying fuch offences.
III. It fhall in no cafe be underftood, that the punifhment of the innocent, un-
der the idea of retaliation fhall be pra&ifed on either fide.
IV. If any citizen of this ftate or other white* perfon or perfons fhall commit a
robbery or murder or other capital crime on any Indian, fuch offenders fhall be de-
livered up to juftice, and fhall be tried according to the laws of the ftate, and due
notice of fuch intended punifhment fhall be fent to fome one of the tribes,
V. If any Indian fhall commit a robbery or murder or other capital crime on
any white perfon, fuch offenders fhall receive a punifhment adequate to fuch offence,
and due notice of fuch intended punifhment fhall be given to his honor the go-
vernor*
VI. In cafe of any defign being formed in any neighboring tribes, againft the
peace or fafety of the ftate, which they fhall know or fufpeft, they fhall make known
the fame to his honor the governor.
VII. All white perfon or perfons fhall be at liberty and conduced in fafety into
the fettled parts of the ftate when they fhall require it, except fuch perfons as fhall
come under the reftri&ions pointed out in the fecond article.
VIII. The faid Indians fhall reftore all the negroes, horfes or other property
APPENDIX.
that are or may be among them, belonging to any citizen of this flate or any other
perfon or perfons whatever, to inch perfon as the governor {hall direft.
IX. That the trade with the faid Indians {hall be carried on as heretofore.
X. All horfes belonging to any Indian that (hall be found in the faid flate, fuch
liorfes {hall be reftored to fuch perfon as the headmen or the tribe where fuch Indian
may refide fhall direcl.
XI. The prefent temporary line refer ved to the Indians for their hunting ground,
fhall be agreeable to the treaty held at Augufla in the year one thoufand feven hun-
dred and eighty-three; and that a new temporary line fhall begin at the forks of
the Oconee and Oakmulgee Rivers, thence in a fouthweft direttion, until it fhall
interfe£l the moft fouthern part of the ftream called St. Mary's River, including all
the iflands and waters of the faid ftream, thence down the faid river to the old
line. And all the ground without the faid new temporary lines, when run and com-
pleted, fhall be referved to the Indians for their hunting grounds as aforefaid.
In witnefs whereof the parties have hereunto affixed their hands and feals the day
and year above written.
On the part of the flate,
JOHN TWIGGS. (L.S
ELIJAH CLARK.
(L.S
'< > C ommiJJJ oners, ■
On the part of the Indians,
WARRIOR KING.
O'KEMULGEY TUSKONUCKY.
TUSKIAMICKO.
CUSRATER MICKO.
ENCHALUCKO."
POHILLKE OAKFUSKIES,
INNEHANA UFOLLIES,
ABICO TUSKANUCKY.
INNEHA MICKO.
YAHOLO MICKO.
COSO MICKO.
OPOHELTHE MICKO.
CUSO MICKO.
DICKSON TALLICUS,
UPALAHAjOE.
OPOYHAJOE.
WARTUCKO MICKO.
Signed, fealed and delivered in prefence of Thomas Glafcock, John King, J. Cle-
ments, Jared Irwin, James Darouzeaux, I. P. T. for the flate of Georgia., Philip
Scpttj his X mark, William Moore.
X (
'L.
S.)
X (
L.
S.)
X (
L,
S.)
X (
L.
S.)
X (
L.
S.)
x <
L.
S.)
X (
L.
S.)
X (
'L.
S.)
X (
'L.
S.)
X (
'L.
S.)
X (
L.
S.)
X (
1.
S.)
X i
L.
s.)
X (
'L.
S.)
X
'L.
S.)
X
'L.
S.)
X (
L,
3.)
APPENDIX. 609
TREATY AT HOPEWELL,
WITH THE CHEROKEE INDIANS, IN 1785.
ORIGINAL.
Articles of a treaty concluded at Hopewell, on the Keowee, between Benjamin Haw-
kins, Andrew Pickens, Jofeph Martin and Lachlan M'lntofh, commiflioners pleni-
potentiary of the United States of America, of the one part, and thf head men and
warriors of all the Cherokees of the other:
THE commiflioners plenipotentiary of the United States in Congrefs affembled,
give peace to all the Cherokees, and receive them into the favor and protection
of the United States of America, on the following conditions:
ARTICLE I.
The head men and warriors of all the Cherokees, mall reftore all the prifoners,
citizens of the United States, or fubje&s of their allies, to their entire liberty;
They mail alfo reftore all the negroes, and all other property taken during the late
war from the citizens, to fuch perfon, and at fuch time and place as the commif-
fioners fhail appoint,
ARTICLE II.
The commiflioners of the United States in congrefs aflembled, fliall reftore all the
prifoners taken from the Indians, during the late war, to the head men and warriors
of the Cherokees, as early as is practicable,
ARTICLE III.
Thefaid Indians for themfelves, and their refpe&ive tribes and towns, do acknow-
ledge all the Cherokees to be under the protection of the United States of America,
and of no other fovereign whatfoever,
ARTICLE IV.
The boundary allotted to the Cherokees for their hunting grounds, between the
faid Indians and the citizens of the United States, within the limits of the United
States of America is, and mall be the following, viz, Beginning at the mouth" of
Duck River on the Tennefee; thence running northeaft to the ridge dividing the
waters running into Columbia from thofe running into the Tennefee ; thence eaft-
wardly along the faid ridge to a northeaft line to be run, which ftrikes the river Cum-
berland forty miles above Nafhville; thence along the faid line to the river; thence
up the faid river to the ford where the Kentucky road croffes the river : thence to
Campbell's line, near Cumberland gap ; thence to the mouth of Claud's Creek on
Holftein; thence to the Chimneytop Mountain; thence to Camp Creek, near the
mouth of big Limeftone, on Nolich.ucky ; thence a foutherly courfe fix miles to a
mountain; thence fouth to the North-Carolina line; thence to South-Carolina In-
dian boundary, and along the fame fouth v/eft over the top of the Oconee Moun-
tain till \[t (hall (hike Tugalo River ; thence a dire£l line to the top of the Currohee
Mountain ; thence to the head cf the fouth fork of Oconee River,
A H
£i0 APPENDIX.
ARTICLE V.
If any citizen of the United States, or other perfon not being an Indian, fhall at-
tempt to fettle on any of the lands weftward or fouthwardof the faid boundary which
are hereby allotted to the Indians for their hunting grounds, or having already fettled
and will not remove from the fame within fix months after the ratification of this trea-
ty, fuch perfon fhall forfeit the protection of the United States, and the Indians may
punifh him or not as they pleafe : Provided neverihelefs, That this article fhall not ex-
tend to the people fettled between the fork of French Broad and Holftein Rivers,
whofe particular fituation fhall be tranfmitted to the United States in congrefs affem-
bled for their decifion thereon, which the Indians agree to abide by.
ARTICLE VI.
If r.ny Indian or Indians, or perfon refiding among them, or who (hall take refuge
in their nation, fhall commit a robbery, or murder, or other capital crime, on any citi-
zen of the United States or perfon under their protection, the nation or the tribe to
which fuch offender or offenders may belong fhall be bound to deliver him or them up
to be punifhed according to the ordinances of the United States : Provided, That the
punifhment fhall not be greater than if the robbery, or murder, or other capital crime,
had been committed by a citizen on a citizen.
ARTICLE VII.
If any citizen of the United States, or perfon under their protection, fhall com-
mit a robbery, or murder, or other capital crime, on any Indian, fuch offender or
offenders fhall be punifhed in the fame manner as if the murder, or robbery, or
other capital crime had been committed on a citizen of the United States; and the
punifhment fhall be in prefence of fome of the Cherokees, if any fhall attend at
the time and place, and that they may have an opportunity ib to do, due notice of
the time of fuch intended punifhment fhall be fent to fome one of the tribes.
ARTICLE VIII.
It is underflood, that the punifhment of the innocent, under the idea of retalia-
tion, is unjuft, and fhall not be praBifed on either fide, except where there is a
manifeft violation of this treaty, and then it fhall be preceded firft by a demand of
juftice, and if refufed, then by a declaration of hoftilities.
ARTICLE IX.
For the benefit and comfort of the Indians, and for the prevention of injuries or
oppreffions on the part of the citizens or Indians, the United States in congrefs af-
fembled, fhall have the fole and exclufive right of regulating the trade with the In-
dians, and managing all their affairs in fuch manner as they think proper.
ARTICLE X.
Until the pleafure of congrefs be known refpecling the ninth article, all traders,
citizens of the United States, fhall have liberty to go to any of the tribes or towns
of the Cherokees to trade with them, and they fhall be protected in their perfons and
property, and kindly treated.
ARTICLE XI.
The faicl Indians fhall give notice to the citizens of the United States, of any de-
figns which they may know or fufpecl to be formed in any neighboring tribe, or by
any perfori whatfoever? againft the peace? trade or interefl of the United States,
APPENDIX.
*n
* ARTICLE XII.
That the Indians may have full confidence in the United States refpe&ing their in-
tereffe, they fhall have the right to fend a deputy of their choice, whenever they think
fit, to congrefs.
ARTICLE XIII.
The hatchet fhall be forever buried, and the peace given by the United States and
friend [hip re-eftabliihed between the fa id dates on the one part, and all the Cherokees
on the other, fhall be univerfal; and the contracting parties .(hall ufe their utmoft en-
deavors to maintain the peace given as aforefaid, and friendship re-eftablifhed.
In witnefs of all and every thing herein determined between the United States of
■America and all the Cherokees, We, their underwritten commiffi oners, by virtue of
our full powers have figned this definitive treaty, and have caufed our feals to be here-
unto affixed.
Done at Hopewell, on the Keowee, this twenty -eighth of November, in the year
of our Lord one thoufand feven hundred and eighty-five.
BENJAMIN HAWKINS.
ANDREW PICKENS.
JOSEPH MARTIN.
LACHLAN M'INTOSH.
(L. S.)
(L. S.)
(L. S.)
(L. S.)
4
KOATOHEE, or Corn TaiTel of Toquo
SCHOLAUETTA, or Hanging Man of Chota.
TUSKEGATAHU, or Long Fellow of Chriilohoe.
OSKWHA, or Abraham of Chilkowa.
KOLAKUSTA, or Prince of North.
NEWOTA, or the Gritzs of Chicamaga.
KONATOTA, or the Rifing Fawn of HighwaiTay.
TUCKASEE, or Young Tarrapin of Allajoy.
TOOSTAKA, or the Waker of Ooflanwa.
UN TO OLA, or Gun Rod of Seteco.
UNSUOAKANAIL, Buffaloe White Calf New CufTee.
KOASTAYEAK, or Sharp Fellow, Wataga.
CHONOSTA, of Cowe.
CHESCOONWHA, Bird in clofe of Tomotlug.
TUCKASEE, or Tarrapin of Hightowa.
CHESETOA, or the Rabbit of Flacoa.
CHESICOTETONA, or Yellow Bird of the Pine Log.
SKETALOSKA, Second Man of Tillico.
CHOKASOTAHE, Chickafaw Killer Dafonta.
ONANOOTA, of Koofoatee.
OOKOSETA, or Sower Mum of Kooloque.
UMATOOETHA, the Water Hunter, Choikamawgu.
WYUKA, of Lookout Mountain.
TULCO, or Tom of Chatuga,
WILL, of Akoha.
NECATEE, of Sawta.
2
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
L.S.)
L. S.)
L. S.)
L. S.)
L. S.)
L. S.)
L. S.)
S.)
S.)
S.)
S.)
S.)
S.)
S.)
S.)
S.)
S.)
S.)
S.)
S.)
5.)
S.)
S.)
S.)
S.)
S.)
&14 APPENDIX.
AMOKONTAKONO, Kutcloa. X (I. S.)
KOWETATAHEE, in Frog Town. . X (L. S.)
KEUKUCH, Talkoa. X (Z. S.)
i TULATISCA, of Chaway. X (L. S.)
WOOALUKA, the Way Layer, Chota. X (L. S.)
TATLUISTA, or Porpus of Tilaffi. X (L. S.)
JOHN, of Little Tallico. X (L. S.)
SKELXLAK. X (L. S.)
AKONOLUCHTA, the Cabin. X (L. S.)
CHENANOKA, of Kawetakac. X (L. S.)
YELLOW BIRD. X (L. S.)
Witnefs, William Blount, Samuel Taylor, major John Owen, Jeffe Walton,
John Cowan, captain commandant, Thomas Gegg, W. Hazard. James Madifor^
Arthur Coody, fworn interpreters.
TREATY AT HOPEWELL,
WITH THE CHOCTAW INDIANS, IN 1786.
ORIGINAL.
Articles of a treaty concluded at Hopewell, on the Keowee, near Seneca Old Town3
between Benjamin Hawkins, Andrew Pickens and Jofeph Martin, commiffion-
ers plenipotentiary of the United States of America, of the one part, and Yock-
onahoma, great medal chief of Soonacoha> Yockahoopoie, leading chief of Bug-
toogoloo ; Mingohoopoie, leading chief of Hoihooqua ; Tobocoh, great medai
chief of Congetoo; Poofhemaftubie, gorget captain of Senayazo> and thirteen
fmall medal chiefs of the firft clafs, twelve medal and gorget captains, commifiion-
ers plenipotentiary of all the Choclaw nation, of the other part :
THE commiffioners plenipotentiary of the United States of America give peace
to all the Choctaw nation, and receive them into the favor and protection of
the United States of America, on the following conditions ;
ARTICLE I.
The commiffioners plenipotentiary of all the Choctaw nation, mall reftore all the
prifoners, citizens of the United States, or fubje&s of their allies, to their entire lib-
erty, if any there be in the Choftaw nation ; they mail alfo reftore all the negroes,
and all other property taken during the late war, from the citizens, to fuch perfon
and at fuch time and places as the commiffioners of the Unhrti States of America
mail appoint, if any there be in the Choctaw nation.
ARTICLE IL
The commiffioners plenipotentiary of all the Choctaw nation, do hereby acknow-
ledge the tribes and towns of the faid nationj and the lands within the boundary al-
APPENDIX. 61
lotted to the faid Indians to live and hunt on, as mentioned in the third article, to be
under the prote&ion of the United States of America, and of no other fovereign
whofoever.
ARTICLE III.
The boundary of the lands hereby allotted to the Cho&aw nation to live and hunt
on, within the limits of the United States of America, is and fhall be the following,
viz. Beginning at a point on the thirty-firft degree of north latitude where the eaft-
ern boundary of the Natches diftrift: fhall touch the fame, thence eaft along the faid
thirty-firft degree of north latitude, being the fouthern boundary of the United States
of America, until it fhall flrike the eaftern boundary of the lands on which the In-
dians of the faid nation did live and hunt on the twenty-ninth of November, one
thoufand feven hundred and eighty-two while they were under the protection of the
king of Great-Britain j thence northerly along the faid eaftern boundary, until it fhall
meets the northern boundary of the faid lands ; thence wefterly along the faid nor-
thern boundary until it fhall meet the weftern boundary thereof; thence foutherly along
the fame to the beginning faving and preferving for the eftablifhment of trading pofts,
three tracls or parcels of land of fix miles fquare each, at fuch places'as the United States
in congrefs affembled fhall think proper ; which pofts, and the lands annexed to
them, fhall be to the ufe and under the government of the United States of America.
ARTICLE IV.
If any citizen of the United States, or odier perfon not being an Indian, fhall at-
tempt to fettle on any of the lands hereby allotted to the Indians to live and hunt on,
fuch perfon fhall forfeit the protection of the United States of America, and the In-
dians may punifh him or not as they pleafe.
ARTICLE V.
If any Indian or Indians, or perfon refiding among them, or who mail take re-
fuge in their nation, fhall commit a robbery or murder or other capital crime on any
citizen of the United States of America, or perfon under their protection, the tribe
to which fuch offender may belong, or the nation, fhall be bound to deliver him or
them up to be punifhed according to the ordinances of the United States in congrefs
affembled : Provided, That the puniihment fhall not be greater than if the robbery
or murder, or other capiial crime, had been committed by a citizen on a citizen.
ARTICLE VI.
If any citizen of the United States of America, or perfon under their proteclion,
fhall commit a robbery or murder, or other capital crime, on any Indian, fuch offen-
der or offenders, fhall be punifhed in the fame manner, as if the robbery or murder,
or other capital crime had been committed on a citizen of the United States of
America ; and the punifhment fhall be in prefence of fome of the ChoQaws, if any
will attend at the time and place ; and that they may have an opportunity fo to do,
due notice if practicable, of the time of fuch intended punifhment fhall be fent to
fome one of the tribes,
ARTICLE VII.
It is underftood that the punifhment of the innocent, under the idea of retaliation,
is unjuft, and fhall not be praclifed on either fide3 except where there is a manifeft vio-
i
6i4
APPENDIX.
lation of this treaty ; and then it fhall be preceded, firft by a demand of juflice, and
ifrefuied, then by a declaration of hoftilities.
ARTICLE VIII.
For the benefit and comfort of the Indians, and for the prevention of injuries or
opprefiions on the part of the citizens or Indians, the United States in congrefs af>
fern bled (hall have the fole and exclusive right of regulating the trade with the Indians
and managing all their affairs in fuch manner as they think proper.
ARTICLE IX.
Until the plea fu re of congrefs be known, refpecling the eighth article, all traders,
citizens of the United States of America, mail have liberty to go to any of the
tribes or towns of the Choctaws, to trade with them, and they fhall be protected in
their perfons and property, and kindly treated.
ARTICLE X.
The faid Indians fhall give notice to the citizens of the United States of America,
of any defigns which they may know or fufpecl to be formed in any neighboring
tribe, or by any perfon whofoever, againft the peace, trade or interell of the United
States of America,
ARTICLE XL
The hatchet fhall be forever hurried, and the peace given by the United States of
America, and friendship re-eftablifhed between the faid Rates on the one part, and
all the Choctaw nation on the other part, fhall be univerfal; and the contracting par-
ties mall ufe their utmoft endeavours to maintain the peace given as aforefaid, and
friendship re-eftablifhed.
In witnefs of all and every thing herein determined, between the United States of
America and a|l the Choctaws, We, their underwritten commiffioners, by virtue of
our full powers have iigned this definitive treaty, and have caufed cur feals to be
hereunto affixed. ,
Done at Hopewell on the Keowee this third day of January, in the year of our
Lord one thoufand feven hundred and eighty-fix.
BENJAMIN HAWKINS,
ANDREW PICKENS.
JOSEPH MARTIN,
X (Z. S.)
X (Z. S.)
X (Z. 5.)
TOOTEHOOMA. X (Z. S.)
TOOBENOHOOMOCH. X (Z. S.)
YOCKENAHOMA. X (Z. S.)
YOCKEHOOPOiE. X fZ. S.)
M3NGOHOOP1E. X (Z. S.)
TOBOCOH. X(Z. S.)
POOSHEMASTUBY. X (Z. S.)
^QSHAHOOMA. X (Z. S.)
SHIN SHEMASTUBY. X (Z. S.)
YOOPAKOOMA. X (Z. S.)
STOONOKOOHOOPOIE. X (Z. S.)
TEHAKUHBAY.
POOSHEMASTUBY.
TUSKKAHOOMOCH.
TUSHKAKOOMOCH.
YOOSTENOCHHA.
X (Z. S.)
X(Z.S.)
X(Z. S.)
X (Z. S.)
X (Z. S.)
TUSCOONOOhOOPOIE. X (Z. 5.) CHECOOPOOHOOMOCH.X (L, S.)
APPENDIX. 615
STONAKOOHOOPOIE. X (Z. 5.) STEABEE. X (Z. 5.)
TUSHKOHEEGOHTA. X (Z. 5.) TENCTEHENNA. X (Z. 5.)
TESHUHENOCHLOCH. X (Z. 5.) TUSHKEMENTAHOCK. X (Z. S.)
POOSHONALTLA. X (Z. 5.) TUSHT ALLAY. X (Z. 5.)
OKANCONNOOBA. X (Z. 5.) ESHNAANGCHABBA. X (Z, 5.)
HUTOONACHUBA. X (Z. S.) CUNNOPOIE. X (Z. 5.)
PANGUKOOLOCH. X (Z. 5.)
Witnefs, William Blount, John Woods, Samuel Taylor, Robert Anderfon, Ben-
jamin Lawrence, John Pitchiym, James Cob, interpreters.
TREATY AT HOPEWELL,
WITH THE CHICKASAW INDIANS, IN 17!
Articles of a treaty concluded at Hopewell, on the Keowee, near Seneca Old Town,
between Benjamin Hawkins, Andrew Pickens and Jofeph Martin, commiffioners
plenipotentiary of the tJnited States of America, of the one part, and Piomingo,
head warrior and firft miniiier of the Chickafaw nation, Mingatufka, one of the
leading chiefs, and Latopoia, hrfi beloved man of the faid nation, commiffioners
plenipotentiary of all the Chickafaws, of the other part.
HE commiffioners plenipotentiary of the United States of America give peace
to the Chickafaw nation, and receive them into the favor and protection of the
faid dates, on the following conditions:
ARTICLE I.
The commiffioners plenipotentiary of the Chickafaw nation ill all reftore all the pri-
foners, citizens of the United States, to their entire liberty, if any there be in the
Chickafaw nation. They mail alfo re ft ore all the negroes and other property taken
during the late war from the citizens, if any there be in the Chickafaw nation, to fuch
perfon and at fuch time and place as the commiffioners of the United States of Ame-
rica mail appoint. *
ARTICLE II.
The commiffioners plenipotentiary of the Chickafaws, do hereby acknowledge the
tribes and towns of the Chickafaw nation ; to be under the protection of the United
States of America, and of no other fovereign whatfoever.
ARTICLE III.
The boundary of the lands hereby allotted to the Chickafaw nation to live and
hunt on, within the limits of the United States of America, is, and fliali be the follow-
ing, viz. Beginning on the ridge that divides the waters running into the Cumber-
6i.6 APPENDIX.
land, from thofe running into the Tennefee, at a point to be run in a line northeaft,
which fhall ftrike the Tennefee, at the mouth of Duck River, thence running wefterlv
along the faid ridge, till it (hall ftrike the Ohio; thence down the fouthern bank's
thereof to the Miffifippi ; thence down the fame, to the Choctaw line or Natches dis-
trict ; thence along the faid line, or the line of the diftrict eaftwardly as far as the
Chickafaws claimed, and lived and hunted on, the twenty-ninth of November, one
thoufand feven hundred and eighty -two ; thence the faid boundary eaftwardly, fhall
be the lands allotted to the Choetaws and Cherokees to live and hunt on, and the lands
prefent in the poffeflion of the Creeks ; faving and referving for the eftablifhment of
a trading port, a tract or parcel of land to be laid out at the lower poft of the Mufcle
Shoals at the mouth of Ocochappo, in a circle, the diameter of which fhall be five
miles on the* River, which poft, and the lands annexed thereto, (hall be
to the ufe and under the government of the United States of America.
ARTICLE IV.
If any citizen of the United States, or other perfon not being an Indian, fhall at-
tempt to fettle on any of the lands hereby allotted to the Chickafaws to live and hunt
on, fuch perfon fhall forfeit the protection of the United States of America, and the
Chickafaws may punifh him or not as they pleafe.
ARTICLE V.
If any Indian or Indians, or perfons refiding among them, or who fhall take re-
fuge in their nation, mall commit a robbery or murder, or other capital crime, on
any citizen of the United States, or perfon under their protection, the tribe to which
fuch offender or offenders may belong, or the nation fhall be bound to deliver him
or them up to be punifhed according to the ordinances of the United States in con-
grefs affembled : Provided, That the puniiliment fhall not be greater, than if the
robbery or murder, or other capital crime had been committed by a citizen on a
citizen.
ARTICLE VI.
If any citizen of the United States of America, or perfon under their proteetionj
fhall commit a robbery, or murder, or other capital crime, on any Indian, fuch of-
fender or offenders fhall be punifhed in the fame manner as if the robbery, or mur-
der, or other capital crime had been committed on a citizen of' the United States of
America; and the punifhment fhall beinprefence of fome of the Chickafaws, if anywill
attend at the time and place, and that they may have an opportunity fo to do, due no-
tice, if practicable, of fuch intended punifhment fhall be lent to fome one of the
tribes,*
ARTICLE VII.
It is understood, that the punifhment of the innocent under the idea of retaliation
is unjuft, and fhall not bepractifed on either fide, except where there is a manifeft
violation of this treaty, and then it fhall be preceded firft by a demand of juftice,
and if refufed, then by a declaration of hoftilties.
ARTICLE VIII.
For the benefit and comfort of the Indians, and for the prevention of injuries or
oppreffions on the part of the citizens or Indians, the United States m Congrefs af-
* The name of the river is not in the original.
■ APPENDIX, 6if
fembled, fliall have the fole and exclufive right of regulating the trade with the In-
dians, and managing all their affairs in fuch manner as th6y think proper.
ARTICLE IX. y
Until the pleafure of congrefs be known refpecting the eighth article, all traders,
citizens of the United States, fhall have liberty to go to any of the tribes or towns of
the Chickafaws to trade with them, and they fliall be protected in their perfons and
property, and kindly treated.
ARTICLE X.
The faid Indians fliall give notice to the citizens of the United States of America
of any defigns which they may know or fufpeft. to be formed in any neighboring tribe,
or by any perfon whofoever, againft the peace, trade or intereft of the United States
of America.
ARTICLE XL
The hatchet (hall be forever buried, and the peace giveh by the United States of
America, and friendship re-eftablifhed between the faid Hates on the one part, and the
Chickafaw nation on the other part, fliall be univerfal; and the contracting parties
fhall ufe their utmoft endeavors to maintain the peace given as aforefaid and friend-
fliip re-eftablifhed.
In witnefs of all and every thing herein contained between the faid ftates and
Chickafaws, We, their underwritten commiffioners, by virtue of our full powers,
have ftgned this definitive treaty, and have can fed our feals to be hereunto affixed.
Done at Hopewell, on the Keowee, this tenth day of January, in the year of our
Lord one thoufand feven hundred and eighty-fix.
BENJAMIN HAWKINS. (L. S.) PIOMINGO. X (L. S.)
ANDREW PICKENS. (L. S.) MINGATUSKA. X (L. S.)
JOSEPLI MARTIN. (L. S.) LATOPOIA. X (L. S.)
Witnefs, William Blount, William Hazzard^ Samuel Taylor3 James Cole, fwora
interpreter,
4 I
6'8 APPENDIX.
TREATY AT SHOULDER-BON.
3
WITH THE CREEK 1NDIANS3 IN 1786.
(Georgia.
Articles of a treaty of peace, amity and commerce, concluded near the mouth of
Shoulder-bone Creek, a branch of the Oconee River, the third day of Novem-
ber, in the year of our Lord one thoufand feven hundred and eighty-fix, and of
the independence of the United States of America the eleventh, between the fub-
fcribing commiffioners, in behalf of the ftate of Georgia, of the one part, and
the underwritten kings, head men and warriors, in behalf of the Creek nation, on
the other, on the following conditions, namely :
WHEREAS, fince the figning of the laft treaty held at Galphinton, and dated
the twelfth day of November, one thoufand feven hundred and eighty-five,
between commiffioners appointed by the faid ftate and the kings, head men and war-
riors of the faid Creek nation, aQ:s of hoftility have been committed by parties of the
Indians on the inhabitants of the faid ftate, in violation of the faid treaty, whereby
the friendfhip and harmony fo effentially neceffary to both parties- have been greatly
difturbed: And whereas the faid parties are now mutually defirous of renewing a
treaty, which may comprehend fuch articles as will give fatisfaclion to the party inju-
red, and reftore peace, friendfhip and commerce to both. It is therefore covenant-
ed and agreed;
Firft, The Indians for themfelves and the reft of the kings, head men and warri-
ors of the Creek nation, do promife and engage that fix of their people who were
of the parties that murdered the fame number (fay fix) of the white inhabitants laft
fpring, fhall be put to death in a manner fatisfaSlory to the perfon or perfons whom
his honor the governor or the commiffioners may fend to fee it done. And that
the white people who were the means of the faid murders being committed fhall' be
removed from the nation without delay.
Second, All negroes, horfes, cattle and other property now in the nation, and
which were taken from the inhabitants of Georgia, fhall be reftored to fuch perfon
or perfons as his honor the governor or the commiffioners fhall dire£t. All white
or other free people in the nation who are held as prifoners or flaves fhall alfo be de-
livered up to the aforefaid perfons.
Third, If any citizen of this ftate or other perfon or perfons fhall attempt to fet-
tle or run any of the lands referved for the Indians for their hunting grounds, fuch
perfon or perfons may be detained until the governor fhall be informed thereof, and
demand him or them, and then any of the tribes near fuch offenders, to come and
fee the punifhment according to fuch laws as now are or hereafter may be ena£ted
by the faid ftate for trying fuch offenders.
APPENDIX.
Fourth, The punifhing of innocent perfons under the idea of retaliation fhall
not be pra&iied on either fide.
Fifth, If any citizen of the ftate or other white perfon or perfons fhall commit
a robbery or murder or other capital crime on any Indian, fuch offender fhall be de-
livered up to juftice and be tried according to the laws of the ftate, and due notice of
fuch intended punifhment fhall be fent to fome one of the tribes.
Sixth, If any Indian fhall commit a robbery or murder or other capital crime
on any white perfon, fuch offender fhall receive a punifhment adequate to the of-
fence, and due notice of fuch intended punifhment fhall be given to his honor the
governor.
Seventh, If the Indians fhall know or fufpect of any defign of any neighboring
tribes again ft the peace or fafety of this ftate, they fhall make the fame known in the
moft expeditious manner to his honor the governor.
Eighth, All white perfons mall be at liberty, and conduced in fafety into the fettled
parts of the ftate when they fhall require it; except fuch perfons as fhall come under
the reftriftions pointed out in the third article.
Ninth, The trade with the Indians (hall be carried on as heretofore. And all juft
debts due by any of the laid Indians to any of the merchants or traders of the faid
ftate fhall be fairly and fully paid.
Tenth, the prefent temporary lines referved to the Indians for their hunting grounds
fhall be agreeable to the treaties held at Augufta and Galphinton, the former bearing
date the firfl day of November, one thou fan d feven hundred and eighty-three, and
the latter the twelfth day of November, one thoufand feven hundred and eighty-five,
every part of which is hereby fully confirmed. Andthe faid lines fhall be marked ai
loon as the Indians can pojlibly make it convenient to come down and fee it done, the
prefent being their hunting feafon. And of their intention of attending for the faid
purpofe they fhall notify his honor the governor, at leaft one month before their de-
parture from the nation.
Eleventh, After the aforefaid lines are marked, neither white perfons nor Indiana
fhall be allowed to pafs them without a fpecial licenfe for that purpofe; that for a
white perfon to be from under the hand of his honor the governor, and that for a
trader or Indian from under the hand of the agent of the ftate, or his deputy rend-
ing in the nation. Any perfon of either party who fhall be found tranigreflirig this
article, fhall be detained until the authority to whom fuch offender belongs fhall he
informed thereof.
Twelfth, In proof of their good faith and fincere intentions to perform the before
mentioned articles, and for the fecurity of the inhabitants of the laid ftate, the In-
dians agree to leave in the hands of the commifiioners .five of their people, namely,
Chuuocklie Micko, of the Cowetas; Cuchas, of the .Cuffetas; Suckawockie, bro-
ther to the laft named, alfo of the Cuffetas; Emathlocks, fecond man of the Broken
Arrow, and Enautaleche, nephew to the head man of the Swagios. The faid In-
dians, during their ftay among the white people, fhall be provided with comfortable
diet, lodging and clothing, and be well treated in every other refpecl,
I
620 APPENDIX.
In witnefs whereof the parties have hereunto affixed their hands and feals the day
and year above mentioned.
On the part of the ft ate.
JOHN HABERSHAM. (Z. S.)
ABRAHAM RAV-OT. (Z. S.)
■ J. CLEMENTS. (Z. S.)
JAMES M'NEIL. (L. S.)
JOHN KING. (L. S.)
JAMES POWELL. (Z. S.y
FERDINAND O'NEIL. (Z. S.)
JARED IRWIN. ' (Z. S.)
On the part of the Indians.
CUSA MICO. X (Z. S.)
NINNEHOMOHTA TUSTE. X (Z. S.)
NUCKIE MICO. X (Z. S.)
MICO CHEE. X (Z. S.)
HOTHLEPOYA MICO. X (Z. S.)
OPOHETHLE MICO, or Tallifee king. X (Z. S.)
OPAYA LATA. X (Z. S.)
OPAYA HAJO. X (Z. S.)
EUFALA TESLONOKY. X (Z. S.)
OKELLASA HAJO. X (Z. S.)
ENEATHLACO OPAYA. X (Z. S.)
WAWLATA MICO. X (Z. S.)
OPAYA EMATHLA. X (Z. S.)
OCKEHAN HAJO. X(L.S.)
OLACKTA. X (Z. S.)
TULJISCA MICO. X(L.S.)
TUSTO NUCKIE. , X (Z. S.)
HOTTESY MICO. X (Z. S.)
OSUCHEE MATHTA. X (Z. S.)
CVSSITA MICO. X(L.S.)
ENEA MICO. X (Z. S.)
ENEA THLACO. X (Z. S.)
EPHA TUSTO NUCKIE. X (Z. 5.)
ESPANE TUSTO NUKIS. X (Z. S.)
GOPPITCHU TUSTO NUCKIE, X (L. S.)
OKE LESA. X (Z. S.)
COUSA TUSTOMUCKIE. X (Z. S.)
YAHOLA MICO. X (Z. S.)
ECONEHOT HAJO. X (Z. S.)
CUSA MICO. X (Z. S.)
CUCHAS MICO, X (Z. S.)
OCHUNNEE PIOLA. X (Z. S.)
FOUSACHEE MICO. X (Z. S.)
HOLAU HAJO. X (Z. S.)
TUSIKIA MICO. X (Z. S.)
AUSUNUCK TUSTONUCKIE, X (Z. S.)
APPENDIX, 621
TUSIKIA MICO. X (Z. S.)
IEOMY JUSTO NUCKIE. X (Z. S.)
TOLOBE MATHLA. X (Z. S.)
HITCHETA MICO. X (Z. S.)
OPAYE JUSTO NUCHIE, X (Z. S.)
TUSTO NUCHIE. X (Z. S.)
AULACK HAJO. . X (Z. S.)
ENEA THLACO. X (L. S.)
HOPAYE MICO. • X (L. S.)
OTHLEPOYA MICO, X (L. S.)
CHUWACKLE MICO. X (Z. S.)
ENEUTPILOGKO. X (Z. S.)
OLACTE EMATHLA, X (Z. S.)
MUOJOY. X (Z. S.)
HALLATOV/EGIE, X (Z. S.)
WILL JONES. X (Z. S.)
CHATOSSAHA. X (Z. S.)
SOKAKOWAY. X (Z. S.)
CUCHAS HAJO.- X (Z. S.)
TOUTKIS HAJO, X (Z. S.)
OPAYOUCHEE. X (Z. S.)
TUSK ENCHA. X (Z. S.)
WAKSE HAJO. X (Z. S.)
Signed, Sealed and delivered in prefence of John Twiggs, Daniel M'Murphy,
John Graves, James Darouzeaux3 Philip Scot? P, S. his mark) James M, Stewart.
S
622 APPENDIX.
TREATY AT NEW-YORK,
WITH THE CREEK INDIANS, IN 1790.
A treaty of peace and friendfhip made and concluded between the prefident of the
United States of America, on the pan and behalf of the faid ftates, and the un-
derfigned, kings, chiefs, and warriors of the Creek nation of Indians on the part
and behalf of the faid nation.
THE parties being defirous of ellablifhing permanent peace and friendfhip be-
tween the United States and the faid Creek nation, and the citizens and members
thereof, and to remove the caufes of war by afcertaining their limits, and making
other neceiTary jufi and friendly arrangements ; The prefident of the United States,
by Henry Knox, fecretary for the department of war, whom he hath confruuted with
full powers for thefe purpofes, by and with the advice and confent of the. Senate of
the United States, and the Creek nation, by the underfigned kings, chiefkj and war
riors, reprefenting the faid nation., have agreed to the following articles,
ARTICLE I.
There mail be a perpetual peace and friendfhip between all the citizens of the Uni-
ted States of America, and all the individuals, towns and tribes of the upper, middle5
and lower Creeks and S,amanolies5 compofing the Creek nation of Indians.
ARTICLE II.
The underfigned kings, chiefs and warriors, for themfelves and all parts of the
Creek nation within the limits of the United States, do acknowledge themfelves, and
the faid parts of the Creek nation, to be under the protection of the United States of
America, and of no other fovereign whatsoever; and they alfo ftipulatethat the faid
Creek nation will not hold any treaty with an individual ft ate or with individuals of
any ftate.
ARTICLE III.
The Creek nation fhali deliver, as foon as practicable, to the commanding officer
of the troops of the United States, Rationed at the Rock Landing on the Oconee Ri-
ver, all citizens of the United States, white inhabitants or negroes, who are now pri-
foners in any part of the faid nation. And if any fuch priloners or negroes fhould
not be fo delivered on or before thefirftday of June enfuing, the governor of Geor-
gia may empower three perfons to repair to the faid nation in order to claim and re-
ceive fuch priloners and negroes.
ARTICLE IV.
The boundary between the citizens of the United States and ihe Creek nation is and
mall be, from where the old line ftrikes the river Savannah; thence op the faid river to
a place on the moft northern branch of the fame commonly called the Keowee, where
a nonhead line, to be drawn from the top of the Ocunna mountain, fhall interfect;
thence along the faid. line in a fouthweft direction to the Tugalo River; thence to the
.APPENDIX. 623
top of the Curvahee mountain; thence to the head or main fouth branch of the Oco-
nee River, called the Appalachee; thence down the middle of the faid main fouth
branch and river Oconee, to its confluence with the Oakmulgee, which form the ri-
ver Alatamaha; and thence down the middle of the faid Alatamahato the old line on
the faid river; and thence along the laid old line to the river St. Mary's. And in or-
der to preclude forever all difputes relatively to the head or fource of the main fouth
branch of the river Oconee, at the place where it mall be interfered by the line
aforefaid from the Currahee mountain, the fame mall be afcertained by an able fur-
veyor on the part of the United States, who fball be aflifted by three old citizens of
Georgia, who may be appointed by the governor of the faid ftate, and three old
Creek chiefs, to be appointed by the faid nation; and the faid furveyor, citizens
and chiefs (hall affemble for this purpofe on the firfl day of October, one thoufand
feven hundred and ninety-one, at the Rock Landing on the faid river Oconee, and
thence proceed to afcertain the faid head or fource ot the main fouth branch of the
faid river, at the place where it fhall be interfered by the line aforefaid, to be drawn
from the Currahee mountain. And in order that the faid boundary (hall be rendered
dillinft and well known, it mail be marked by a line of felled trees at lead: twenty feet
wide, and the trees chopped on each fide, from the faid Currahee mountain to the
head or fource of the faid main fouth branch of the Oconee River, and thence down
the margin of the faid main fouth branch and river Oconee for the diftance of twen-
ty miles, or as much farther as may be neceflary to mark diftinclly the faid boundary.
And in order to extinguish forever all claims of the Creek nation, or any part thereof, to
any of the land lying to the northward and eaflward of the boundary herein defcribed,
it is hereby agreed, in addition to the confiderations heretofore made for the faid land
that the United States will caufe certain valuable Indian goods now in the ftate of
Georgia to be delivered to the faid Creek nation; and the faid United States will alfo
eaufe the fum of one thoufand five hundred dollars to be paid annually to the faid
Creek nation. And the underfigned kings, chiefs and warriors do hereby, for them-
felves and the whole Creek nation, their heirs and defcendants, for the confederation
above mentioned, releafe, quit claim, relinquish and cede all the land to the north-
ward andeailward of the boundary herein deferred-
ARTICLE V.
The United States folemnly guarantee to the Creek nation all their lands within
the limits of the United States, to the weflward and fouthward of the boundary de-
fcribed in the preceding article,
ARTICLE VI.
If any citizen of the United States or other perfon not being an Indian, fhall
attempt to fettle on any of the Creeks' lands, fuch perfon ihall forfeit the protec-
tion of the United States, and the Creeks may punifh him or not as they pleafe.
ARTICLE VII.
No citizen or inhabitant of the United States mail attempt to hunt or deflroy
game on the Creeks' lands : Nor fhall any fuch citizen or inhabitant go into the
Creek county without a paffport firfl obtained from the governor of fome one of
the United States, or the officer of the troops of the United States commanding at
the neareft military poll on the frontiers, or fuch other perfon as the prelident of the
United States may from time to time authorize to grant the fame,
624 APPENDIX,
ARTICLE VIII.
If any Greek Indian or Indians, or perfon refiding among them, or who ilia!!
take refuge in their nation, lhall commit a robbery or murder or other capital crime
on any of the citizens or inhabitants of the United States, the Creek nation or town
or tribe to which fuch offender or offenders may belong, (hall be bound to deliver
him or them up, to be punifhed according to die laws of the United States.
ARTICLE IX.
If any citizen or inhabitant of the United States or of either of the territorial
diftritts of the United States, (hall go into any town, fettlement or territory belong-
ing to the Creek nation of Indians, and mall there commit any crime upon or tref-
pafs again ft the perfon or property of any peaceable and friendly Indian or Indians,
which if committed within the jurifdiction of any ftate, or within the jurifdiftion of
either of the faid diftricis, againft a citizen or white inhabitant thereof, would be
punifhable by the laws of fuch ftate or diftrict, fuch offender or offenders ftiall be
lubje£i to the fame punifhment, and (hall be proceeded againft in the fame manner
as if the offence had been committed within the jurifdiclion of the ftate or diftriQ, to
which he or thev may belong, asainft a citizen or white inhabitant thereof.
ARTICLE X.
In cafes of violence on the perfons or property of the individuals of either party 5
neither retaliation nor reprifal ihall be committed by the other, until fatisfaftion fhali
have been demanded of the party of which the aggreflor is, and fliallhave been re-
filled,
ARTICLE XL
The Creeks mail give notice to the citizens of the United States of any defigns
which they may know or fufpeci to be formed in a neighboring tribe, or by any per-
ion whatever, againft the peace and interefts of the United States*
A.RTICLE XII.
That the Creek nation may be led to a greater degree of civilization, and to be-
come herdfmen and cultivators, inftead of remaining in a ftate of hunters, the Uni-
ted States will from time to time furnifh, gratuitoufly, the faid nation with ufeful do-
ineftic animals and implements of husbandry: and further to affift the faid nation m
fo deferable a purfuit, and at the fame time to eftablifh a certain mode of communi-
cation, the United States will fend fuch and fo many perfons to refide in faid nation as
they may judge proper, and not exceeding four in number, who (hall qualify them-
felves to acl as interpreters. Thefe perfons fhall have lands affigned them by the Creeks
for cultivation, for themfelves and their fucceftbrs in office; but they fhall be pre-
cluded exercifmg any kind of traffic.
ARTICLE XIII.
All an im oft ties for p aft grievances ftiall henceforth ceafe; and the contraQing par-
ties will carry the foregoing treaty into full execution, with all good faith and fince-
APPENDIX.
62 A
ARTICLE XIV.
This treaty mall take effecl and be obligatory on the contracting parties as Toon &i
the fame (hall have been ratified by the prefident of the United States, with the ad-
vice and confent of the fenate of the United States.
In witnefs of all and every thing herein determined, between the United States of
America and the whole Creek nations, the parties have hereunto let their hands and
feals, in the city of New-York, within the United States, this feventh day of Auguft,
one thoiifand feven hundred and ninety.
In behalf of the United States.
H. KNOX, Secretary at War, andfole &ommiJJioner
for treating with the Creek nation of Indians,
In behalf of themfelves and the whole Creek nation of Indians,
ALEXANDER M'GILLIVRAY.
Cufitas,
Little Talli-
Jetl
Big Tallifee.
fFUSKATCHE MICO, or Bird-tail King.
i NEATHLOCK, or Second Man.
^HALLETEMAL THLE, or Blue Giver.
J OPAY MICO, or the Singer.
\TOTKESHAJOU, or Samonia.
'HOPOTHE MICO, or Tallifee King,
Matches,
Cowetas.
Of the Bro-
ken Arrow.
Coofades.
Alabama Chi
Oak Joy,
OPOTOTACHE, or Long Side.
j* 1 j SOHOLESSEE, or Young Second Man.
^OCHEEHAJOU, or Aleck Cornel.
XHINABIE, or the Great Natches Warrior.
NATSOWACHEHEE, or the Great Natches,
<< WARRIOR'S BROTHER.
I THAKOTEEHEE, or the Mole.
[_OQUABEE,
TUSKENAAH, or Big Lieutenant.
J HO MAT AH, or Leader.
) CHINNABIE, or Matthews.
JULEETAULEMATHA, or Dry Pine,
►CHAUOCKLY MICO.
COOSADES HOPOY, or the Meafurer,
MUTHTEE, or the MiiTer.
tSTIMAFUTCHKEE, or Good Humor,
ej. STILNALEEJEE, or Difputer.
MUMAGECHEE, David Francis.
X(
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X(
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X(
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Done in prefence of Richard Morris, chief juftice of the Mate of New-York;
Richard Varick, mayor of the city of New-York; Marinus Willet, Thomas Lee
Shippen, of Pennfylvania; John Rutledge, jun. Jofeph Allen Smith, Henry Izard5
Jofeph Cornell, his X mark7 interpreter.
4 K
6z6 APPENDIX.
TREATY AT HOLSTON,
WITH THE CHEROKEE INDIANS, IN 1791,
A treaty of peace and friehdfhip made and concluded between the prefident of the
United States of America on the part and behalf of the faid dates, and the under-
figned chiefs and warriors of the Cherokee nation of Indians, on the part and be-
half of the faid nation,
THE parties being defirous of eftablifhing permanent peace and friendfhip be-
tween the United States and the faid Cherokee nation, and the citizens and
members thereof, and to remove the caufes of war, by afcertaining their limits and
making other neceffary, juft and friendly arrangements : The prefident of the United
States, by William Blount, governor of the territory of the United States of Ame-
rica fouth of the river Ohio, and fuperintendent of Indian affairs for the fouthern
diftritr, who is vefted with full powers for thefe purpofes, by and with the advice
and confent of the fenate of the United States, and the Cherokee nation, by the un-
derfigned chiefs and warriors reprefenting the faid nation, have agreed to the follow-
ing articles, namely :
ARTICLE I.
There (hall be a perpetual peace and friendfhip between all the citizens of the Uni-
ted States of America, and all the individuals compofing the whole Cherokee nation
of Indians.
ARTICLE II.
The underfigned chiefs and warriors, for themfelves and all parts of the Cherokee
nation do acknowledge themfelves and the faid Cherokee nation to be under the pro-
tection of the United States of America, and of no other fovereign whofoever; and
they alfo ftipulate, that the faid Cherokee nation will not hold any treaty with any
foreign power, individual ft ate, or with individuals of any ftate.
ARTICLE III.
The Cherokee nation (hall deliver to the governor of the territory of the United
States of America fouth of the river Ohio, on or before the firfr. day of April next,
at this place, all perfons who are now prifoners, captured by them from any part of
the United States; and the United States mall, on or before the fame day, and at the
fame place, reftore to the Cherokees all the prifoners now in captivity, which the ci-
tizens of the United States have captured from them.
ARTICLE IV.
The boundary between the citizens of the United States and the Cherokee nation
is and (hall be as follows: Beginning at the top of the Currahee mountain, where the
Creek line paffe's it; thence a direct line to Tugalo River; thence northeaft to the
Ocunna mountain, and over the fame along the South-Carolina Indian boundary to
the North-Carolina boundary ; thence north, to a point from which a line is to be
extended to the river Clinch, that fhall pafs the Holfton at the ridge which divides the
APPENDIX, 62;
waters running into Little River from thofe running into the TennefTee; thence up
the river Clinch to Campbell's line, and along the fame to the top of Cumberland
mountain; thence a direct line to the Cumberland River, where the Kentucky road
croffesit; thence down the Cumberland River to a point from which a fouthwefl line
will ftrike the ridge which divides the waters of Cumberland from thofe of Duck Ri-
ver, forty miles above Nafhville; thence down the (aid ridge to a point from whence
a fouthwefl; line will ftrike the mouth of Duck River.
And in order to preclude forever all difputes relative to the faid boundary, the fame
(hall be afcertained and marked plainly by three perfons appointed on the part of the
United States, and three Cherokees on the part of their nation.
And in order to extinguifh forever all claims of the Cherokee nation, or any part
thereof, to any of the land lying to the right of the line above defcribed, beginning
' as aforefaid at the Currahee mountain, it is«hereby agreed, that in addition to the con-
fideration heretofore made for the faid land, the United States will caufe certain
valuable goods to be immediately delivered to the underfigned chiefs and warriors,
for the ufe of their nation; and the faid United States will alfo caufe the fum of one
thoufand dollars to be paid annually to the faid Cherokee nation. And the underfigned
chiefs and warriors do hereby, for themfelves and the whole Cherokee nation, their
heirs and defcendants, for the considerations above mentioned, releafe, quit claim,
relinquifh and cede all the land to the right of the line defcribed, and beginning as
aforefaid*
ARTICLE V.
It is ftipulated and agreed, that the citizens and inhabitants of the United States,
(hall have a free and unmolefted ufe of a road from Wafhington diftricl to Mero
diftricl, and of the navigation of the TennefTee River.
ARTICLE VI.'
It is agreed on the part of the Cherokees, that the United States mall have the fole
and exclufive right of regulating their trade.
ARTICLE VII.
The United States folemnly guarantee to the Cherokee nation? all their lands not
hereby ceded. <
ARTICLE VIII.
If any citizen of the United States or other perfon, not being an Indian, (hall fet
tie on any of the Cherokees' lands, fuch perfon (hall forfeit the protection of the
United States, and the Cherokees may punim him or not, as they pleafe.
ARTICLE IX.
No citizen or inhabitant of the United States, mall attempt to hunt or deftroy the
game on the lands of the Cherokees, nor fliall any citizen or inhabitant go into the
Cherokee country, without a paflport fir ft obtained from the governor of feme one
of the United States, or territorial diftricls, or fuch other perfon as the prefident of
the United States may from time to time authorize to grant the fame,
6z8 APPENDIX,
ARTICLE X,
If any Cherokee Indian or Indians, orperfons refiding among them, or who fh all-
take refuge in their nation, fhall (leal a hori'e from, or commit a robbery or murder,
or other capital crime, on any citizens or inhabitants of the United States, the Chero-
kee nation (hall be bound to deliver him or them up, to be punifhed according to the
laws of the United States.
ARTICLE XI.
If any citizen or inhabitant of the United States, or either of the territorial diftrifts
of the United States, fhall go into any town, fettlement or territory belonging to the
Cherokees, and fhall there commit any crime upon, or trefpafs againfl the perfon or
property of any peaceable and friendly Indian or Indians, which if committed with-
in the jurifdiftion of any Mate, or within the jurifdiftion of either of the faid diftrifts,
againft a citizen or white inhabitant thereof, would bepunifhable by the laws of fuch
ftate ordiftrift, fuch offender or offenders, fhall be fubjeft to the fame punifhment,
and fhall be proceeded againft in the fame manner as if the offence had been commit-
ted within the jurifdiftion of the ftate or diftrift to which he or they may belong,
againft a citizen or white inhabitant thereof.
ARTICLE XII.
In cafe of violence on the perfons or property of the individuals of either party,
neither retaliation nor reprifal fhall be committed by the other, until fatisfaftion fhall
have been demanded of the party of which the aggreffor is, and fhall have been refu-
fed.
ARTICLE XIII;
The Cherokees fhall give notice to the citizens of the United States, of any de-
signs which they may know, or fufpeft to be formed in any neighboring tribe, or by
any perfon whatever, againft the peace and intereft of the United States,
ARTICLE XIV.
That the Cherokee nation may be led to a greater degree of civilization, and to
become herd fm en and cultivators, inftead of remaining in a ftate of hunters, the
United States will from time to timefurnifh gratuitoufly the faid nation with ufeful im-
plements of hufbandry, and further to affift the faid nation in fo defirable a purfuit,
and at the fame time to eftablifh a certain mode of communication, the United States
will fend fuch and fo many perfons to refide in the faid nation as they may judge prop-
er, not exceeding four in number, who fhall qualify themfelves to aft as interpreters,
Thefe perfons fhall have lands affigned by the Cherokees for cultivation, for them-
felves and their fucceffors in office, but they fhall be precluded exercifing any kind of
traffic,
ARTICLE XV.
All animofities for paft grievances fhall henceforth ceafe, and the contracting par-
ties will carry the foregoing treaty into full execution with all good faith and fin-
cerity.
APPENDIX. 629
ARTICLE XVI.
'This treaty fhall take effect and be obligatory on the contracting parties, as foon as
the fame fhall have been ratified by the prefident of the United States, with the ad-
vice and confent of the fenate of the United States.
In witnefs of all and every thing herein determined between the United States of
America and the whole Cherokee nation, the parties have hereunto let their hands
and feals, at the treaty ground on the bank of the Holfton, near the mouth of the
French Broad, within the United States, this fecond day of July, in the year of our
Lord one thoufand feven hundred and ninety-one.
WILLIAM BLOUNT, (L. S.)
Governor in and over the territory of the United States of America fouth of the
river Ohio, and fuperintendent of Indian affairs for the fouthern diftncl.
CHULEOAH, or the Boots. X (Z. S.)
SQUOLLECUTTAH, or Hanging Maw. X (Z. S.)
OCUNNA, or the Badger. X (Z. £.)
ENOLEH, or Black Fox. X (Z. 5.)
NONTUAKA, or the Northward, X (Z. S.)
TEKAKISKA. X(L.S.)
CHUTLOH, or King Fifher. X (Z. S.)
TUEKASEH, or Tarrapin. X (Z. $.)
KATEH. X (Z. S.)
KUNNOCHATUTLOH, or the Crane. X (Z. S.)
CAUQUILLEKANAH, or the Thigh. X (Z. &)
CHESQUOTTELONEH, or Yellow Bird. X (Z. S.)
CHICKASAWTEHE, or Chickafaw Killer, X (Z .£)
TUSKEGATEHE, Tuikega Killer. X (Z. S.)
KUTSATEHE. X(Z.S.)
TINSTSHALENE. X(L S) -
SAWUTTEH, or Slave Catcher. X(L.S)
AUKUAH. XZS)
OOSENALEH. X (L S)
KENOTETAH, or Riling Fawn. X (Z*. S.)
KANETETOKA, or Standing Turkey, X (Z 5 )
YOKE W ATLEH, or Bear at Home. X (Z S )
LONG WILL. X(Z &•)
KUNOSKESKIE, or John Watts, X (L. s)
NENETOO YAH, or Bloody Fellow. X (Z S )
CHUQUILATAGUE, or Double Head, X (z! S)
KOOLAQUAH, or Big Acorn. X(L S)
TOOWAYELLOH, or Bold Hunter. X (L S)
SAHLE-OONOYEHLA, or Middle Striker, X (L S)
KINNESAH, or Cabin, X (L S)
TULLO TEHE, or Two Killer, X (L S^
KOOLOUSKE, or Stop Still. v /' 9 *
KULSATEHE, X(L S)
AUQUOTAGUE, the Little Turkey's Son, X (Z. S.)
630 APPENDIX. s
TALOHTESKE, or Upfetter. X (Z. &)
CHEAKONESKE, or Otter Lifter. X (Z. S.}
KESHEKAUNE, or She Reigns. X (Z. S.)
TOONAUNAILOH. X (Z. S.)
TESTEHE, or Common Difturber. X (Z. 5.)
ROBIN M'CLEMORE. . X (Z. S.)
SKYUKA. X (Z. S.)
JOHN THOMPSON, Interpreter. X (Z. S.)
JAMES GARY, Interpreter. X(Z. 5.)
Done in prefence of Daniel Smith, fecretary of the territory of the United States
fouth of the river Ohio; Thomas Kennady, of Kentucky; James Robertfon, of
Mero diftrift; Clairborne iWatkins, of Virginia; John M. Whitney, of Georgia;
Fauche, of Georgia; Titus Ogden, of North-Carolina; John Chifolm, of Wash-
ington difiricl; Robert King, Thomas Gegg.
TREATY AT PHILADELPHIA,
WITH THE CHEROKEE INDIANS, IN 1794,
Articles of a treaty concluded between the United States of America and the Chero-
kee Indians,
WHEREAS the treaty made and concluded on Holfton River, on the
fecond day of July, one thoufand feven hundred and ninety. one, between
the United States of America, and the Cherokee nation of Indians, has not been
fully carried into execution by reafon of fome mifunderftandings which have arifen.
I. And whereas the underfigned Henry Knox, fecretary for the department of
war, being authorized thereto by the prefident of the United States in behalf of the
faid United States, and the underfigned chiefs and warriors, in their own names and in
behalf of the whole Cherokee nation, are defirous of re-eftablifhing peace and friend-
fhip between the faid parties in a permanent manner, do hereby declare, that the faid
treaty at Holfton is to all intents and purpofes in full force and binding upon the
faid parties, as well in refpe£t to the boundaries therein mentioned, as in all other
refpecls whatever,
II. It is hereby ftipulated that the boundaries mentioned in the fourth article of
the faid treaty fhall be actually afcertained and marked in the manner prefcribed by
the faid article, whenever the Cherokee nation (hall have ninety days' notice of the
time and place at which the commiffioners of the United States intend to commence
their operation.
APPENDIX. 631
III. The United States, to evince their juftice by amply compenfating the faid
Cherokee nation of Indians, for all relinquiihments of land made either by the trea-
ty of Hopewell, upon the Keowee River, concluded on the twenty-eighth of Novem-
ber, one thoufand feven hundred and eighty-five, or the aforefaid treaty made upon
Holfton River on the fecond of July, one thoufand feven hundred and ninety-one,
do hereby ftipulate in lieu of all former fums to be paid annually, to furnifh the Chero-
kee Indians with goods fuitable for their ufe to the amount of five thoufand dollars
yearly.
IV. And the faid Cherokee nation, in order to evince the fincerity oftheir inten-
tions in future to prevent the practice of dealing horfes, attended with the mofi per-
nicious confequences to the lives and peace of both parties, do hereby agree, that for
every horfe which fhall be ftolen from the white inhabitants by any Cherokee Indians
and not returned within three months, that the fum of fifty dollars mall be deducted
from the faid annuity of the five thoufand dollars.
V. The articles now ftipulated will be confidered as permanent additions to the
treaty of Holfton as foon as they fhall have been ratified by the prefidentof the Uni-
ted States and the fenate of the United States.
In witnefs of all and everything herein determined, between the United States of
America and the whole Cherokee nation, the parties have hereunto fet their hands
and ieals, in the city of Philadelphia within the United States, this twenty-fixth day
of June, in the year of our Lord one thoufand feven hundred and ninety-four.
H* KNOX, Secretary at War.
TETAKiSSKEE, or taken out of the Water. X (L. S.)
NONTUAKA, or the Northward. X (L. S.)
CINASAW, or the Cabin. L (L. S.)
SKYUKA. X (L. S.)
CHUQUILATAGUE, D. H. or Double Head, X (L. S.)
JOHN M'CLEMORE. X (L. S.)
WALALUE, or Humming Bird. X (L. S.)
CHULEOWEE. & (L S.)
USTANAQUA. X(L S.)
KULLSATHEE. X(L S)
SITEAHA. X (L. S.)
KEENAFUNA, or the Lying Fawn. X (L. S.)
CHATOKAELESA, or the Fowl Carrier. C (L. S.)
Done in the prefence of John Thompfbn, Arthur Coody, interpreters, Cantwel
Jones, of Delaware, William WafTord, of the flate of Georgia, W, M* Caleb, of
South-Carolina, Samuel Lewis, of Philadelphia.
63a APPENDIX.
TREA TY AT COLERAW,
WITH THE CREEK INDIANS, IN 1796.
A treaty or peace and friendfhip made and concluded between the prefident of th&
United States of America on the one part and behalf of the faid dates, and the un-
derfigned kings, chiefs and warriors of the Creek nation of Indians on the part of
the faid nation.
THE parties being defirous of eftablifhing permanent peace and friendfhip between
the United States and the faid Creek nation, and the citizens and members
thereof, and to remove the caufes of war by afcertaining their limits and making
other necelTary, juft and friendly arrangements; the prefident of the United States,
by Benjamin Hawkins, George Clymer and Andrew Pickens, commiffioners whom
he hath conMituted with powers for thefe purpofes, by and with the advice and con-
fent of the fenate, and the Creek nation of Indians, by the underfigned kings,
chiefs and warriors reprefenting the whole Creek nation, have agreed to the following
articles:
ARTICLE I.
The treaty entered into at New-York between the parties, on the feventh day of
Auguft, one thoufand feven hundred and ninety, is and fhall remain obligatory oh
the contracting parties, according to the terms of it, except as herein provided for,
ARTICLE II.
The boundary line from the Currahee mountain to the head or fource of the main
fouth branch of the Oconee River, called by the white people Appalatohee, and by
the Indians Tulapocka, and down the middle of the fame, fhall be clearly afcertained'
and marked at fuch time and in fuch manner as the prefident fhall direct. And the
Indians will, on being informed of the determination of the prefident, fend as many
of their old chiefs as he may require, and fee the line afcertained and marked.
ARTICLE III.
The prefident of the United States of America mail have full powers, whenever
he may deem it advifable, to eftablifli a trading or military poll on the fouth fide of
the Alatamaha, on the bluff about one mile above Beard's Bluff, or any where from
thence down the faid river on the lands of the Indians, to garrifon the fame with any
part of the military force of the United States, to protect the pofts and to prevent the
violation of any of the provifions or regulations fubfifting between the parties ; and
the Indi-ans do hereby annex to the poll aforefaid a tracl of land of five miles fquare,
bordering one fide on the river, which pod and the land annexed thereto are hereby
ceded to, and fhall be to the ufe and under the government of the United States of
America.
As foon as the prefident of the United States has determined on the time and man*
ner of running the line from the Currahee mountain to the head or fource of the main
fouth branch of the Oconee, and notified the chiefs of the Creek land of the fame^
APPENDIX. 633
A fu it able n-umoer of perfons oh their part (hall attend to fee the fanie completed; and
if the prefident fhould deem it proper then to fix on any place or places adjoining the
river, and on the Indian lands, for military or trading polls, the Creeks who attend
there will concur in fixing the fame according to the wifhes of the prefident. And to
each poll the Indians (hall annex a tracl of land of five miles fqu are, bordering one
fide on the river. And the faid lands (hall be to the life and under the government
of the United States of America: Provided always. That whenever any of the tra-
ding or military pods mentioned in this treaty mall, in the opinion of the prefident
of the United States of America, be no longer neceffary for the purpofes intended
by this ceffion5 the fame mall revert to and become a part of the Indian lands.
ARTICLE V.
Whenever the prefident of the United States of America, and the Ring of Spain,
may deem it advifable to mark the boundaries which feparate their territories, the pre-
fident fhall give notice thereof to the Creek chiefs, who will furnifh two principal
chiefs, and twenty hunters to accompany the perfons employed on this bufinefs, as
hunters and guides from the Choclaw country to the head of St. Mary's. The chiefs
mall receive each half a dollar per day, and the hunters one quarter of a dollar each
per day, and ammunition, and a reafonable value for the meat delivered by them for
the ufe of the perfons on this fervice.
ARTICLE VI.
The treaties of Hopewell, between the United States and the Cho£raws and Chica*
faws, and at Holftori between the Cherokees and the United States, mark the bounda-
ries of thofe tribes of Indians. And the Creek nation do hereby relinquish all claims
to any part of the territory inhabited or claimed by the citizens of the United States,
in conformity with the faid treaties*
ARTICLE VII,
The Creek nation fhall deliver, as foon as practicable, to the fuperintendent of
Indian affairs, at fuch place as he may direct, all citizens of the United States ;
white inhabitants and negroes who are now prifoners in any part, of the faid nation,
agreeable to the treaty of New-York, and alfo all citizens, white inhabitants, negroes
and property taken fince the figning of that treaty. And if any fuch prifoners, ne-
groes or property fhould not be delivered, on or before the firft day of January
next, the governor of Georgia may empower three perfons to repair to the faid na-
tion, in order to claim and receive fuch prifoners, negroes and property^ under the
direction of the prefident of the United States.
ARTICLE VIII.
In conficteration of the friendly dtfpofition of the Creek nation towards the govi
ernment of the United States, evinced by the ftipulations in the prefent treaty, and
particularly the leaving it in the difcretion of the prefident to eilabhih trading, or
military ports on their lands; the commiffioners of the United States, on behalf of
the faid ftates, give to the faid nation, goods to the value of fix thousand dollars
and ftipulate to fend to the Indian nation, two blackfmiths, with {inkers, to be em-
ployed for the upper and lower Creeks with the neceffary tools,
4 L
$34
APPENDIX.
ARTICLE IX.
All anioiolities for paft: grievances {hall henceforth ceafe, and the contracting par-
ties will carry the foregoing treaty into full execution with all good faith and iincerky*
Provided neverihelefs, That perfons now under arreft in theftate of Georgia for a vio-
lation of the treaty at New-York, are not to be included in this amneity, but are to
abide the decifion of law.
ARTICLE X.
This treaty fhall take effeft and be obligatory on the contracting parties, as foon as-
the fame fhall have been ratified by theprehdem of the United States, by and with the
advice and confent of the fenate.
Done at Colerain the twenty-ninth of June? one thoufand feven hundred and
ninety-fix.
BENJAMIN HAWKINS.
GEORGE CLYMER.
ANDREW PICKENS.
Cowetas.
CHRUCHATINEAH. X
TUSIKIA M1CO. X
INCLENIS MICO. X
TUSKINAH. X
OAKFUSKEE TUSTUNEKA. X
CLEWAi.EE TUSTUNEKA. X
Cvjjitas,
TUSIKIA MICO. X
CUSITA MICO. X
TUISATEHEE MICO. X
OPOEY MICO. X
Broken Arrows,
TUSTUNEKA MICO. X
OTHLEY OPOEY. X
OPOEY TUSTUNEKA. X
OBOETHLY TUSTUNEKA, X
Euehees,
EUCHEE MICO. X
Usuchus*
OSAW ENEHAH. X
EPHAH TUSTENAH. X
TUSIKIA MICO, X
Chehaws,
CHEHAW MICO. X
Takhanas.
OTHLEY POEY MICO. X
OTHLEY POEY TUSTIMIHA. X
Oakmulgees.
OPOEY THLOCCO,
PARACHUCKLEY,
TUSKENAH.
Eupkales.
PAHOSE MICO.
TUSTUNIKA CHOPCO.
X
X
X
X
X
Ottajfees.
FUSATEHEEHULLOOMICO. X
TUSIKIA MICO, X
MICO OPOEY. X
Talliffees,
TALLISSEE MICO.
OTHLEY PAEY MICO.
Little Oakjoys*
MEEKE MATLA.
Hickory Ground,
OPOEY MICO.
Kuyolegees.
KELESE HATKIE.
X
X
X
X
APPENDIX.
^35
WealiiSt
NEDHOMOTCA OPOEY,
T.USIKIA MICO.
Clewallecs,
OPOEY-E-MATLA.
Coofis.
IIOSONAPE HODJO.
Tukabaihefees.
HOLAHTO MICO.
TUSTUNIKA THLOCCO.
Oakfujkees,
PASHPALAHA.
Abacoachees,
SPANI HODJO.
TUSTINOKA.
OPOEY.
CHINIBE.
Upper Eupauks,
Natchees.
Upper Chehaws,
SPOKOI HODJO
TUSTUNIKA.
Mackafootoi,
TUSKEIHENEHAW.
Oconees.
HMAPEMATHA THLOCCO.
Cufelahs.
CUSA MICO.
TUSEKIA MICO AHTEE.
HALARTEE MATLA.
TALAHOUA MICO.
NEATHLOCTO.
NUCKFAMICO.
ESTACHACO MICO.
TUSKIGU TUSK1NAGU.
COCHUS MICO.
OPIO HA JO.
OHEAS Til ST EN AG U. •
ALAK ajo.
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Y
X
STILEPECK CHATEE.
TUCHESEE MICO.
Kcalegee:.
CHEEA HAJO.
Hitcftetaws.
TALMASEE MATLA.
Tuckabatchees.
TUSTINCKE HAJO.
OKALISSA.
COWETA MATLA.
COOSA MICO.
FUSATCHEE MICO,
PIO HATKU.
FOOSATCHU MICO.
NEATHLACO.
TUCHABATCHEE HOWLA.
SPOKO HAJO.
Kioleegees.
CHUCK CLEACK NINCHO.
OPOYO MATLA.
LACHLEE MATLA,
Big TalliJJes.
CHOWOSTIA HAJO.
NEATHLOCO OPVO.
NEATHLOCO.
CHOWLACTILY MICO.
TOCOSO HAJO.
HOOCHEE MATLA.
HOWLACTA.
TUSTENICA MICO.
OPOY FRAICO.
Big Tallcfee,
HOULACTA.
ELCATU HAJO.
CHOSOLOP HAJO,
COOSA HAJO.
Tuchalc.chees,
CRORAjG,
Coo fees,,
•TUSHEGU TUSTINAGU.
TALSAMA WATAJLICA.
I
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
A
■*/
X
A
A
X
6a6
APPENDIX,
Euphakes.
TOTHES HAGO. X
Otafees,
OPIO TUSTINAGEE. X
YAFKEE MALL HAJO. X
QBOYETHLEETUSTINAGEE.X
TUSTINAGEE HAjO. X
HILLIBEE TUSTINAGEE HA-
JO.
EFFA TUSKEENA.
EMATHLEE LOCO.. .
TUSTENAGEE MICO.
YAHA TUSTINAGEE.
CUNCTASTEE JUSTINAGU. X
OtaJJees.
COOSA TUSTINAGEE.
NEAMATLE MATLA,
Ctiflitas.
TELEWA OTHLEOPOYA.
TALMASSE MATLA.
NIAH WEATHLA.
EMATHLEE LACO.
OTTESSEE MATLA.
MUCLASSEE MATLA..
EUFALLE MATLA,
X
Tudabaichees.
X
CUNIPEE HOWLA.
X
X
Cowetas.
X
HOFPOTAK TUSTINAGEE
X
Natchees.
SPOKO HODGO.
X
X
lichees.
X
X
X
X
X
V
.i i.
y
X
X
TUSTINAGEE CHATEE.
X
Weeokees.
TUSTICNIKA HAJO.
Tuchabatchees.
NEAMATOOCHEE.
X
Ufuchees.
SPOKOCA TUSTINAGEE. X
OTHLEYPOEYTUSTINAGEE.X
TUSKEENEAH. X
Witnefs, James Seagrove, fuperintendent of Indian affairs, C. N. Henry Gai-
ther, lieutenant colonel commandant, Conftant Freeman, A. W. D. major artil-
lery and engineers, Samuel Tinfley, capt. 3d fub-legion, Samuel Allifon, enfign 2d
fub-legion, John W. Thompfon, enfign lft U. S. fub-legion, George Gillafpy,
furgeon, L. U. S. Timothy Barnard, D. A. and fworn interpreter, James Burgefsj
D. A. and fworn interpreter, James Jordan, Richard Thomas, Alexander Cornels,
William Eaton, captain 4th U. S. fub-legion, commandant at Colerain, and fecre-
tary to the commiffion.
And whereas, the fenate o-f the United States, two thirds of the fenators prefent
concurring, did by their relblution of the fecond day of March inftant, " Confent to
and advife the prelident of the United States to ratify the treaty of peace and friend-
fhip, made and concluded at Colerain in the ilate of Georgia, on the 29th Junes
1796, between the prelident of the United States of America, on the part and be-
half of the laid ftates, and the kings, chiefs and warriors of the Creek nation of In-
dians, on the part of the faid nation : Provided and on condition, That nothing in
the third and fourth articles of the faid treaty, expreffed in the words following :".
" Article ..3d. The prelident of the United States of America mall have full pow-
ers, whenever he may deem it advifable ; to eftablifh a trading or military poft on the
fouth fide of the Alatamaha, on the Bluff, about one mile above Beard's Bluff; or
any where from thence down the faid river on the lands of the Indians, to garrifora
the fame with any part of the military force of the United States, to proteel the poft5
and to prevent a violation of any of the provifions or regulations fubfifting between
the parties ; And the Indians do hereby annex to the poft aforefaid, a trad of land
APPENDIX. fy,n
of five miles fquare, bordering one fide on the river, which polls and the lands an-
nexed thereto, are hereby ceded to, and fhali be to the ufe, and under the govern-
ment of the United States of America.
44 Article 4th. As foon as the prefident of the United States has determined on the
lime and manner of running the line from the Currahee Mountain, to the head or
fource of the main, fouth branch of the Oconee, and notified the chiefsof the Creek
land of the fame, a fuitable number of perfons on their part mail attend, to fee the
fame completed. And if the prefident mall deem it proper, then to fix on any place
or places adjoining the river, and on the Indian lands for military or trading pofts ;
the Creeks who attend there will concur in fixing the fame, according to the wilhes
of the prefident. And to each poft the Indians (hall annex a tra£t of land of five
miles fquare, bordering one fide on the river. And the faid "lands mail be to the ufe and
under the government of the United States of America. Provided always, That
whenever any of the trading or military pofts mentioned in this treaty, fhall in the
opinion of the prefident of the United States, of America, be no longer neceffary
for the purpofes intended by this ceffion, the fame fhall avert to, and become a part of
the Indian lands ," mall beconftrued to affecl any claim of the ftate of Georgia, to
the right of pre-emption in the land therein fet apart for military or trading pofts; or
to give to the United States without the confent of the faid ftate, any right to the
foil, or to the exclusive legislation over the fame, or any other right than that of ef-
tablifhing, maintaining, and exclusively governing military and trading pofts within
the Indian territory mentioned in the faid articles, as long as the frontier of Georgia
may require thefeeftablifhments,
Now know ye, That I having feen and confidered the faid treaty, do hereby ac-
cept ratify and confirm the fame, and every article and claufe thereof; under and
fubje£t to the provifo and condition and contained in the aforefaid refolution of the
fcnate of the United States. In teftimony whereof, I have caufed the feal of the
United States to be hereunto affixed, and ligned the fame with my hand.
Given at the city of Philadelphia the eighteenth day of March in the year of our
Lord one thoufand feven hundred and ninety-feven, and in the twenty-firfl year of
the fovereignty and independence of the United States of America.
JOHN ADAMS.
By the prefident of the United States.
TIMOTHY PICKERING, Secretary of State.
APPENDIX.
THE
IN CONGRESS, JULY 4S 1776.
HEN in the courfe of human events it becomes neceffary for one people to
dnTolve the political bands which have connected them with another, and to
affume among the powers of the earth the feparateand equal ftation to which the laws
of nature and of nature's Gop entitle them, a decent refpect to the opinions of man-
kind requires that they fliould declare the caufes which impel them to the reparation,
We hold thefe truths to be felfevident — -that all men are created equal; that they
are endowed by their Creator with certain unalienable rights; that among thefe are
life, liberty, and the purfuit of happinefs; that to fecure thefe rights governments are
inRituted among men, deriving their juit powers from the confent of the governed;
that whenever any form of government becomes deftru8ive of thefe ends, it is the
right of the people to alter or to abolifh it, and to inflitute new government, laying its
foundation on fuch principles, and organizing its powers in fuch form, as to them
fhall feem moil likely to effecl their fafety and happinefs. Prudence, indeed, will
diflate, that governments long eftablifbed fliould not be changed for light and tran-
sient caufes; and accordingly all experience hath {hewn that mankind are more dif-
pofed to fuffer, while evils are fufverable, than to right themfelves by abolifhing the
forms to which they are accuilomed: Bat when a long train of abufes and ufurpa-
tions, purfuing invariably the fame objeft, evinces a defign to reduce them under
abfolute defpotifm, it is their right — it is their duty — to throw off fuch government,
and to provide new guards for their future fecurity. Such has been the patient fuf-
ferance of thefe colonies, and fuch is now the neceMity which conftrains them to alter
their former fy items of government. The hiftory of the prefent king of Great Bri-
tain is a hiftory of repeated injuries and ufurpations, all having in direfct object the
eftablifhment of an abfolute tyranny over thefe Hates. To prove this, let fafts be
fubmitted to a candid world :
He has refufed his affent to laws the molt wholefome and neceffary for the public
good:
He has forbidden his governors to pafs laws of immediate and prefTmg importance,
unlefs fufpended in their operation till his affent ihould be obtained; and when (o
fufpended, he has utterly neglected to attend to them;
He has refufed to pafs other laws for the accomodation of large difiritts of people,
unlefs thofe people would relinquifh the right of reprefentation jn the legiilature; 3
right meitimable to them, and formidable to tyrants only ;
APPENDIX. 639
He has called together Iegiflative bodies at places unufual, uncomfortable, and dis-
tant from the depoiitory of their public records, for the fole purpofe of fatiguing them
into compliance with his meafures :
He has diiTolved reprefentative houfes repeatedly for oppofing, with manly firm-
nefs, his invafions on the rights of the people:
He has refufed, for a long time after fuch diffolutions, to caufe others to be elect-
ed, whereby the Iegiflative powers, incapable of annihilation, have returned to the
people at large for their exercife; the ftate remakiing in the mean time expofed to all
the dangers of invafion from without and convulfions within :
He has endeavored to prevent the population of thefe ftates; for that purpofe ob-
ftrufting the laws for naturalization of foreigners; refufing to pafs others to encourage
their migration hither, and raifing the conditions of new appropriations of lands:
He has obftrufted the adminiftration of juftice, by refufing his affent to laws for
eftablifliing judiciary powers:
He has made judges dependent on his will alone for the tenure of their offices, and
the amount and payment of their falaries:
Ke 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 Handing armies, without the confent of
our legifidtures ;
He has affeQed to render the military independent of and fuperior to the civil power :
He has combined with others to fubjecl; us to a jurifdi&ion foreign to our conftitu-
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 punilhment for any murders which they
fhould commit on the inhabitants of thefe ftates :
For cutting off our trade with all parts of the world :
For impofing taxes on us without our confent:
For depriving us 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 neighboring province, efiablifh-
ing therein an arbitrary government, and enlarging its boundaries ,fo as to render it at
once an example and fit inftrument for introducing the fame abfdiute rule into thefe
colonics :
For taking away our charters, abolifhing our moft valuable laws, and altering fun-
damcntally the forms of our governments ;
$40 APPENDIX.
For fu {pending oar own legiflatures, and declaring themfelves mvefted with pow^
er to legiflate for us in all cafes whatfoever.
He has abdicated government here, by declaring us out of his protection and wa-
ging war againft us:
He has plundered our feas, ravaged our coafts, burnt our towns, and deftroyed
the lives of our people ;
Ke is at this time tranfporting large armies of foreign mercenaries to complete the
works of death, defolation and tyranny, already begun with circumftances of cru-
elty and perfidy fcarcely paralleled in the moft barbarous ages, and totally unworthy
the head of a civilized nation ;
He has conftrained our fellow-citizens taken captive on the high feas to bear arms
againft their country, to become the executioners of their friends and brethren, or to
fail themfelves by their hands s
He has excited domeftic infurre&ioris amongft us, and has endeavored to bring on
the inhabitants of our frontiers the mercilefs Indian favages, whofe known rule of
warfare is an undiftinguiftied definition of all ages, fexes and co-nditions.
In every ftage of thefe oppreffions we have petitioned for redrefs in the moft hum-
ble terms; Our repeated petitions have been anfwered only by repeated injury. A
prince whofe character is thus marked by every act. which may define a tyrant, is unfit
to be the ruler of a free people.
Nor have we been wanting in attentions to our Britifh brethren. We have warned
them from time to time of attempts made by their legiflature to extend an unwar-
rantable jurifdiction over us. We have reminded them of the circumftances of our
emigration and fettlement here. We have appealed to their native juftice and magna-
nimity; and we have conjured them by the ties of our common kindred to difavow
thefe ufurpations, which would inevitably interrupt our connexions and correfpon-
dence. They too have been deaf to the voice of juftice and of confanguinity. We
moft, therefore, acquiefcein theneceffity 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
eongrefs 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 co-
lonies, folemnly publifh and declare: That thefe United Colonies are, and of right
ought to be, Free and Independent States; they have full power to levy war9
conclude peace, contract alliances, eftablifh commerce, and to do all other aCls and
things which independent ftates may of right do. And for the fupport of this decla-
ration, with a firm reliance on the protection of Divine Providence, we mutually
pledge to eacj:h other our lives, our fortunes and our facred honor.
JOHN HANCOCK,
f JOSIAH BARTLET.
NEW-HAMPSHIRE, < WILLIAM WHIPPLE.
[MATTHEW THORNTON.
APPENDIX,
64*
MASSACHUSETTS-BAY.
RHODE-ISLAND, &c.
SAMUEL ADAMS,
JOHN ADAMS.
ROBERT TREAT PAINE,
ELBRIDGE GERRY.
/STEPHEN HOPKINS.
\ WILLIAM ELLERY.
CONNECTICUT. <
NEW-YORK.
fROGER SHERMAN.
SAMUEL HUNTINGTON,
WILLIAM WILLIAMS.
OLIVER WOLCOTT.
WILLIAM FLOYD.
PHILIP LIVINGSTON.
FRANCIS LEWIS.
LEWIS MORRIS.
f RICHARD STOCKTON.'
| JOHN WITHERSPOON,
NEW-JERSEY. «< FRANCIS HOPKINSON,
| JOHN HART.
^ABRAHAM CLARK.
fROBERT MORRIS.
BENJAMIN RUSH.
BENJAMIN FRANKLIN.
JOHN MORTON.
Pennsylvania. <; george clymer.
JAMES SMITH.
GEORGE TAYLOR,
JAMES WILSON.
GEORGE ROSS.
DELAWARE.
MARYLAND,
VIRGINIA,
J CESAR RODNEY,
\ GEORGE READ,
SAMUEL CHASE,
WILLIAM PACA,
THOMAS STONE,
CHARLES CARROLL, of CarroUion,
^GEORGE WYTHE.
RICHARD HENRY LEE,
THOMAS JEFFERSON.
<< BENJAMIN HARRISON.
1 THOMAS NELSON, Jun,
I FRANCIS LIGHTFOOT LEE*
[CARTER BRAXTON,
U 4M
642 APPENDIX,
WILLIAM HOOPER,
NORTH-CAROLINA. 1 JOSEPH HEWES.
OHN PENN.
SOUTH-CAROLINA. -(
EDWARD RUTLEDGE.
THOMAS HEYWARD, Jun3
THOMAS LYNCH, Jun.
ARTHUR MIDDLETON.
f BUTTON GWINNETT.
GEORGIA. 1 LYMAN HALL.
^GEORGE WALTON.
Articles of confederation and perpetual union, between the ftates of New- Hampfh ire,
Maflachufetts-Bay, Rhode-Iflandand Providence Plantations, Connecticut, New-
York, New-Jerfey, Pennfylvania, Delaware, Maryland, Virginia, North-Caroli-
na, South- Carolina and Georgia.
ARTICLE I.
I HE ftyle of this confederacy (hall be " The United States of America."
ARTICLE II.
Each ft ate retains its fovereignty, freedom and independence, every power, juris-
diction and right which is not by this confederation exprefsly delegated to the United
States in congrefs affembled.
ARTICLE III.
The faid dates hereby feverally enter into a firm league of friendship with each oth-
er, for their common defence, thefecurity of their liberties, and their mutual and gene-
ral welfare, binding themfelves to affift each other, againft all force offered to, or at-
tacks made upon them, or any of them, on account of religion, fovereignty, trade3
or any other pretence whatever. >
ARTICLE IV.
The better to fecure and perpetuate mu'lual friendfhip and intercourfe among the
people of the different ftates in this Union, the free inhabitants of each of thefe ftates,
paupers, vagabonds, and fugitives from juftice excepted, fhall be entitled to all privileges
and immunities of free citizens in the feveral ftates ; and the people of each ftate fhall
have free ingrefs and regrefs, to and from any other ftate, and fhall enjoy therein all the
privileges of trade and commerce, fubjeft to the fame duties, impofitions and reftri&ions
as the inhabitants thereof refpeftively, Provided, That fuch reftri&ions fhall not extend
fofaras to prevent the removal of property imported into any ftate, to any other ftate of
which the owner is an inhabitant. Provided alfo, That no impofitions^ duties or re-
ftri&ions fhall be laid by any ftate, on the property of the United States, or either of
them. If any perfon guilty of, or charged with treafon, felony, or other high mifde-
meanor in any ftate3 fhall flee from juftice, and be found in any of the Unned States^
APPENDIX. 643
lie {hall upon demand of the governor, or executive power of the (late from which he
fled, be delivered up and removed to the ftate having jurifdi6U0.11 of his offence.
Full faith and credit fliall be given in each of thefe dates to the records, acts and
judicial proceedings of the courts and magistrates of every other ftate.
ARTICLE V.
For the more convenient management of the general interefts of the United States,
delegates fliall be annually appointed in fuch manner as the legiflature of each ftate
fliall direct, to meet in congrefs on the firft Monday in November, in every year, with
a. rfower referved to each ftate, to recall its delegates, or any of them, at any time with-
in the year, and to fend others in their itead for. the remainder of the year.
No ftate fliall be reprefemed in congrefs by lefs than two nor more than feven
members, and no perfon (hall be capable of being a delegate for more than three
years, in any term of fix years, nor fliall any perfon being a delegate, be capable
of holding any office under the United States, for which he or any other for his
benefit, receives any falary, fees or emoluments of any kind.
Each ftate fhall maintain its own delegates in a meeting of the Rates, and while
they a& as members of the committee of the ftates*:*!
In determining queftions in the United States in congrefs affembled, each ftate
fliall have one vote.
Freedom of fpeech and debate in congrefs fliall not be impeached or questioned in
any court or place out of congrefs; and the members of congrefs fliall be protected
in their perfons from arrefts and imprifonments during the time of their going to
and from and attendance on congrefs, except for treafon, felony, or breach of the
peace,
ARTICLE VI.
No ftate, without the confent of the United States in congrefs affembled, fhall fend
any embaffy to or receive any embaffy from, or enter into any conference, agree-
ment, alliance or treaty with any king, prince or ftate; nor fliall any perfon holding
any ofhce of profit or truft under the United States, or any of them, accept of any
prefenl, emolument, office or title of any kind whatever, from any king, prince or
foreign ftate; nor fliall the United States in congrefs affembled, or any of them,
grant any title of nobility.
No two or more ftates fliall enter into any treaty,, confederation or alliance what-
ever between t-hem, without the confent of the United States in congrefs affembled,
fpecifying accurately the purpofes for which the fame is to be entered into, and how
long it fhall continue.
No ftate fhall lay any imports or duties which may interfere with any ftipulations in
treaties entered into by the United States in congrefs affembled with any king, prince
or ftate, in puriuance of any treaties already propofed by congrefs to the courts of
France and Spain.
No veffels of war fliall be kept up in time of peace by any ftate, except fuch
number only as fliall be deemed neceffary by the United States m congrefs affembleds
1
6±4 ' APPENDIX,
for the defence of fuch ftate, or its trade; nor fii all any body of forces be kept up
by any ftate in time of peace, except fuch number only as in the judgment of the Uni-
ted States in congrefs affembled, fliall be deemed requifite to garrifon the forts necef-
fery for the defence of fuch ftate; but every ftate fliall always keep up a well regula-
ted and difciplined militia, fufficien.tly armed and accoutred, and (hall provide and
conftantly have ready for ufe in public ftores a due number of field pieces and tents,
and a proper quantity of arms, ammunition and camp equipage.
No ftate fliall: engage in any war without the confent of the United States in con-
grefs allembled, unlefs fuch ftate be actually invaded by enemies, or fliall have receiv-
ed certain advice of a refolution being formed by fome nation of Indians to invade
fuch ftate, and the danger is fo imminent as not to admit of a delay till the United
States in congrefs affembled can be confulted, nor fliall any ftate grant commifflons
to any fhips or veffels of war, nor letters of marque, or reprifal, except it be after
a declaration of war by the United States in congrefs affembled, and then only againit
the kingdom or ftate, and the fubjecls thereof, againft which war has been fo declared,
and under fuch regulations as fliall be eft abli (lied by the United States in congrefs af-
fembled, unlefs fuch ftate be infefted by pirates, in which cafe veffels of war may be
fitted out for that occafion, and.-kept fo long as the danger fliall continue, or until the
United States in congrefs affembled fliall determine otherwife.
ARTICLE VII,
When land forces are raifed by any ftate for the common defence, all officers of
or under the rank of colonel, fliall be appointed by the legiflature of each ftate ref-
lectively by whom fuch forces fliall be raifed, or in fuch manner as fuch ftate fliall
direct. ; and ail vacancies fliall be filled up by the ftate which fir ft made the appoint-
ment. »
ARTICLE VIII.
All charges of war, and all other expences that fliall be incurred for the common
defence or general welfare, and allowed by the United States in congrefs affembled,
fliall be defrayed out of a common treafury, which fliall be fuppiied by the feveral
flates in proportion to the value of all land within each ftate, granted to or furveyed
for any perfon, as fuch land#nd the buildings and improvements thereon fliall be ef-
timated, according to fuch rn^de as the United States in- congrefs affembled, fhall
from time to time direct and appoint. The taxes for paying that proportion fhall be
laid and levied by the authority and direction of the legiflature of the feveral ftatea
within the time agreed upon by the United States in congrefs affembled.
ARTICLE IX.
The United States in congrefs affembled, fhall have the fole andexclufive right and
power of determining on peace and war, except in the cafes mentioned in the fixth ar-
ticle ; of fending and receiving ambaffadors ; entering into treaties and alliances,
Provided, That no treaty of commerce fliall be made, whereby the legiflative power of
the refpeclive ftates fhall be reftrained from impofing fuch impofts and duties "on for-
eigners, as their own people are fubjected to, or from prohibiting the exportation or
importation of any fpecies of goods or commodities whatfoever; of eftablifliing rules
for deciding in all cafes, what captures on land or water fhall be legal, and in what
manner prizes taken by land or naval forces in the fervice of the United States fliall be
APPENDIX. Ht
divided or appropriated ; of granting letters of marque and reprifal in times of peace;
appointing courts for the trial of piracies and felonies committed on the high feas, and
eitablifhing courts for receiving and determining finally appeals in all cafes of cap-
tures, Provided, That no member of congrefs fhali be appointed a judge of any of
the faid courts.
The United States in congrefs affembled (hall alio be the lad re fort on appeal
in all difpirtes and differences now fubfifting, or that hereafter may arife between
two or more ftates concerning boundary jurifdiction, or any other caufe whate-
ver; which authority iliali always be exercifed in the manner following: Whenever
the executive authority or lawful agent of any itate in controverfy with another, (hall
prefent a petition to congrefs, Mating the matter in queftion and praying for a hear-
ing, notice thereof mail be given by order of congrefs to the legiflative or executive
authority of the other ftate in controverfy, and a day affigned for the appearance of
the parties by their lawful agents, who fhali the-n be "directed to appoint, by joint
content, commiffioners or judges to conftitute a court for hearing and determining
the matter in queftion; but if they cannot agree, congrefs fhali name three perfons
out of each of the United States, and from the lilt of fuch perfons each party mall
alternately ftrike out one, the petitioners beginning, until the number mail be reduced
to thirteen; and from that number not lefs than feven nor more than nine names, as
congrefs fhali direct, (hall in the prefence of congrefs be drawn out by lot; and the
perfons whofe names fhali be fo drawn, or any five of them, fhali be commiffioners
or judges to hear and finally determine the controverfy, io always as a major part
of the judges who fhali hear the caufe fhali agree in the determination; and if either
party fhali neglect to attend at the day appointed, without mewing reafons which con-
grefs fhali judge fufficient, or being prefent (hall refufe to ftrike, the congrefs fhali
proceed to nominate three perfons out of each (late, and the fecretary of congrefs
fhali ftrike in behalf of fuch party abfent or refuting, and the judgment and fentence
of the court to be appointed in the manner before prefcribed fhali be final and con-
clufive; and if any of the parties fhali refufe to fubmit to the authority of fuch
court, or to appear or defend their claim or caufe, the court fhali neverthelefs proceed
to pronounce fentence or judgment, which fhali in like manner be final and decifive;
the judgment or fentence and other proceedings being in either cafe tranfmitted to
congrefs, and lodged among the acts of congrefs for the fecurity of the parties con-
cerned: Provided, That every commifhoner, before he fits in judgment, fhali take
an oath, to be adminiftered by one of the judges of the fupreme or fuperior court
of the ftate where the caufe fhali be tried, " Well and truly to hear and determine the
matter in queftion, according to the beft of his judgment, without favor, affection
or hope of reward:" Provided alfo, That no ftate (hall be deprived of territory for
the benefit of the United States.
All controverfies concerning the private right of foil claimed under different grants
of two or more ftates whofe jurifdictions, as they may refpect fuch lands, and the
ftates which paffed fuch grants are adjufted, the faid grants, or either of them, being
at the fame time claimed to have originated antecedent to fuch fettlement of jurifdic-
tion, fhali, on the petition of either party to the congrefs of the United States, be
finally determined, as near as may be, in the fame manner as is before prefcribed for
deciding difputes refpecting territorial jurifdiQion between different ftates,
6^5 APPENDIX.
The United Slates in. congrefs affembled {hall alfo have the fole andexclufive right
and power of regulating the allo.y and value of coin ftruck by their own authority, or
by that of the refpe&ive ftates; fixing the ftandard of weights and meafures through-
out the United States; regulating the trade and managing all affairs with the Indians,
not members of any of the ftates, provided that the legillative right of any ftate with-
in its own limits be not infringed or violated; eftablifhing and regulating poft-offices
from one ftate to another throughout all the United States, and exacting fuch poftage
on the papers paffing through the fame as may be requifite to defray the expences of
the faid office; appointing all officers of the land forces in the fervice of the United
States, excepting regimental officers; appointing all the officers of the naval force,
-and commiffioning all officers whatever in the fervice of the United States; making
rules for the government and regulation of the faid land and naval forces, and direct-
ing their operations.
The United States in congrefs affembled mall have authority to appoint a com-
mittee to fit in the recefs of congrefs, to be denominated " A Committee of the
States," and to confift of one delegate from each ftate; and to appoint fuch other
committees and civil officers as may be neceffary for managing the general affairs of
the United States under their direction ; to appoint one of their number to prefidej
provided that no perfon be allowed to ferve in the office of prefident more than one
year in any term of three years; to afcertain the neceffary fums of money to be raifed
for the fervice of the United States, and to appropriate and apply the fame for defraying
the public expences; to borrow money or emit bills on the credit of the United States,
tranfmitting every half year to the refpeclive ftates an account of the fums of mo-
ney fo borrowed or emitted; to build and equip a navy ; to agree upon the number
of land forces, and to make requifitions from each ftate for its quota, in proportion to
the number of white inhabitants in fuch ftate, which requifition mall be binding; and
thereupon the legiflature of each ftate (hall appoint the regimental officers, raife the men,
and clothe, arm and equip them in a foldier-like manner, attheexpence of the Uni-
ted States; and the officers and men fo clothed, armed and equipped, Ihall march to
the place appointed, and within the time agreed on by the United States in congrefs
affembled; but if the United States in congrefs affembled (hall, on consideration of
circumftances, judge proper that any ftate fhould not raife men, or fhould raife a
fmaller number than its quota, and that any other ftate fhould raife a greater num-
ber of men than the quota thereof, fuch extra number (hall be raifed, officered, clo-
thed, armed and equipped in the fame manner as the quota of fuch ftate, unlefs the
legiflature of fuch ftate ft] all judge that fuch extra number cannot be fafely fpared
out of the fame, in which cafe they fhall raife, officer, clothe, arm and equip as
many of fuch extra number as they judge can be fafely fpared. And the officers
and men fo clothed, armed and equipped fhall march to the place appointed, anrj
within the time agreed on by the United States in congrefs affembled.
The United States in congrefs affembled fhall never engage in a war, nor grant
letters of marque and reprifal in time of peace, nor enter into any treaties or alli-
ances, nor coin money, nor regulate the value thereof, nor afcertain the fums and
expences neceffary for the defence and welfare of the United States or any of them,
nor emit bills, nor borrow money on the credit of the United States, nor appropri-
ate money, nor agree upon the number of veffels of war to be built or purchafed,
or die ptxrober of land or fea forces to be raifed, nor appoint a commander in chief
APPENDIX. 647
si the army or navy, unlefs nine flates affent to the fame: Nor mall a queftion
on any other point, except for adjourning from day to day, be determined, unlefs
by the votes of a majority of the United States* in congrefs affembled.
The congrefs of the United States fhall have power to adjourn to any time within
the year, and to any place within the United States, fo that no period of adjourn-
ment be for a longer duration, than the fpace of fix months, and fhall publifh the
journal of their proceedings monthly, except fuch parts thereof relating to treaties, alli-
ances or military operations, as in their judgment require fecrecy } and the yeas and nays
of the delegates of each ftate on any queftion fhall be entered on the journal when it is
defired by any delegate ; and the delegates of a ftate, or any of them at his or their re-
queft fhall be furnifhed with a tranfcript of the faid journal, except fuch parts as are
above excepted, to lay before the legiflature of the feveral ftates.
ARTICLE X. .
The committee of the ftates, or any nine of them, fhall be authorized to execute,
in the recefs of congrefs, fuch of the powers of congrefs as the United States in con-
grefs affembled, by the confent of nine ftates, fhall from time to time think expedient
to vert them with. Provided, That no power be delegated to the faid committee,
for the exercife of which, by the articles of confederation, the voice of nine ftates3
in the congrefs of the United States affembledj is requiute,
ARTICLE XL
Canada acceding to this confederation, and joining in themeafures of the United
States, fhall be admitted into, and entitled to all the advantages of this Union : But
no other colony fhall be admitted into the fame, unlefs fuch admiffion be agreed to by
nine ftates.
ARTICLE XII.
All bills of credit emitted, monies borrowed and debts contracted, by or under the
authority of congrefs, before the aflembling of the United States in purfuanceof the
prefent confederation, fhall be deemed and confidered as a charge againft the United
States, for payment and fatisfaclion whereof, the faid United States and the public
faith are hereby folemnly pledged.
ARTICLE XIII.
Every ftate fhall abide by the determination of the United States in congrefs af-
fembled, on all queftions which by this confederation are fubmitted to them. And
the articles of this confederation fhall be inviolably obferved by every ftate, and the
union (hall be perpetual j nor fhall any alteration at any time hereafter be made in
any of them ; unlefs fuch alteration be agreed to in a congrefs of the United States,
and be afterwards confirmed by the legillatures of every Itate,
And whereas it hath pleafed the great Governor of the world to incline the hearts of
the legillatures we refpeclively reprefent in congrefs, to approve of and to authorize
us to ratify the faid articles of confederation and perpetual union, Know ye, That
we the underfigned delegates, by vinue of the power and authority to us given for that
purpofe do, by thefe prefents, in the name and behalf of our refpe&ive conftituents,
fully and entirely ratify and confirm each and every of the faid articles of confedera-
tion and perpetual union; and all and fingular the matters and things therein contain-
ed, And we do further folemniy plight and engage the faith of our refpeBive conftituentsj
APPENDIX,
that they fliall abide by the determinations of the United States in congrefs affembled,
on all questions which by the faid confederation are fubmitted to them, and that the
articles thereof (hall be inviolably obferved by the ftates we refpe&ively reprefent $
and that the union mall be perpetual. In witrtejs whereof WE have hereunto fet our
hands in congrefs.
Done at Philadelphia, in the ftate of Pennfylvania, the gth day of July in the
year of our Lord 17783 and in the third year of the Independence of America.
The aforefaid articles of 'confederation were finally ratified on the firft day o>
March 1781 ; the ftate of Maryland having, by their members in congrefs3 on that
day acceded thereto and completed the fame.
f JOSIAH BARTLETT.
WYV^ji^mroriiJSu. ^jQHN WENTWORTH, Jun,
"JOHN HANCOCK,
SAMUEL ADAMS.
ELBRIDGE GERRY,
^ FRANCIS DANA,
[AMES LOVELL.
SAMUEL HOLTON,
MA SSA CRUSETTS-BA Y.
m
f WILLIAM ELLERY.
RHODE-ISLAND. J HENRY MERCHANT,
[JOHN COLLINS.
fROGER SHERMAN.
I SAMUEL HUNTINGTON,
CONNECTICUT. -< OLIVER WOLCOTT.
TITUS HOSMER.
[ANDREW ADAMS.
fJAMES DUANE.
NFWYORK J FRANCIS LEWIS,
4VJLW-XVX.A. "^WILLIAM DUER.
[GOVERNEUR MORRIS,
r f JOHN WITHERSPOON.
WJLW-jJLKt&f. i NATHANIEL SCUDDER,
PENNSYLVANIA.
fROBERT MORRIS.
DANIEL ROBERDEAU.
1 JONATHAN BAYARD SMITH,
J WILLIAM CLINGAN.
LJOSEPH REED.
f THOMAS M'KEAN.
DELAWARE. <l JOHN DICKINSON.
[NICHOLAS VANDYKE,
AFPENBI&. $44
hlAPvr A\m /JOHN HANSON.
MAM LAND, |£>ANIEL CARROLL.
fRICHARD HENRY LEE.
J JOHN BANISTER*
VIRGINIA. < THOMAS ADAMS.
JOHN HERVEY.
^FRANCIS LIGHTFOOT LEE,
fjOHN PENN.
NORTHXAROLINA. \ CORNELIUS HARNETT,
[JOHN WILLIAMS,
f HENRY LAURENS.
] WILLIAM HENRY DRAYTON.
SOUTH-CAROLINA, % JOHN MATTHEWS.
| RICHARD HUTSON.
^THOMAS HEYWARD, Jun.
fJOHN WALTON.
GEORGIA. < EDWARD TELFAIR.
[EDWARD LANGWORTHY,
! $
650 APPENDIX.
THE
CONSTITUTIO
OF THE
E, the people of the United States, in order to form a more perfe6t union,
eftablifh juftice, enfure domeftic tranquility, provide for the common de-
fence, promote the general welfare, and fecure the bleilings of liberty to ourfelves
and our poilerky, do ordain and eftablifh this conftitution for the United States of
America,
ARTICLE I.
legislature.
Sect, i„ All legiflative powers herein granted fhall be veiled in a congrefs of die
United States, which fhall confift of a Senate and Houfe of Representatives.
Sect. 2. ,The Houfe of Reprefentatives fhall be compofed of members chofen eve-
ry fecondyear by the people of the feveral ftates; and the electors in each (late mall
have the qualifications requifite for ele£tors of the moft numerous branch of the
Itate legiflature.
No perfon fhall be a reprefentative who fhall not have attained to the age of twen-
ty-five years, and been feven years a citizen of the United States, and who mail not5
when elected, be an inhabitant of that ltate in which he fhall be chofen.
Reprefentatives and direct taxes fhall be apportioned among the feveral ftates which
may be included witl]in this union according to their refpeclive numbers, which fhall
be determined by adding to the whole number of free perfons, including thofe bound
to ferve for a term of years, and excluding Indians not taxed, three fifths of all other
perfons. The actual enumeration fhall be made within three years after the firft meet-
ing of the congrefs of the United States, and within every fubfequent term of ten
years, in fuch manner as they fhall by law direct. The number of reprefentatives
fhall not exceed one for every thirty thoufand, but each ftate fhall have at leaft one
reprefentative; and until fuch enumeration fh all be made, the ftate of New-Hamp-
fhire fhall be entitled to choofe three, Maffachufetts eight, Rhode-Ifland and Provi-
dence Plantations one, Connecticut five, New-York fix, New-Jerfey four, Penn-
APPENDIX, %*i
3
fylvania eight, Delaware one, Maryland fix, Virginia ten, North-Carolina five,
South-Carolina five, and Georgia three.
When vacancies happen in the reprefentation from any ftate, the executive autho-
rity thereof (hall iffue writs of election to fill fuch vacancies.
The Houfe of Reprefentatives (hall choofe their fpeaker and other officers, and
fhall have the fole power of impeachment.
Sect. 3. The Senate of the United States fhall be compofed of two fenators from
each ftate, chofen by the legislature .thereof, for fix years 5 and each fenator fhall have
one vote.
Immediately after they fhall be affembled in confequence of the firft ele&ion they
mall be divided as equally as may be into three claffes. The feats of the fenators of
the firft clafs (hall be vacated at the expiration of the fecond year, of the fecond
clafs, at the expiration of the fourth year, and of the third clafs at the expira-
tion of the fixth year, fo that one third may be chofen every fecond year ; and if va-
cancies happen by refignatien, or otherwife, during the recefs of the legiflature of
any flate, the executive thereof may make temporary appointments until the next
meeting of the legiflature, which fhall then fill fuch vacancies.
No perfon fhall be a fenator who fhall not have attained to the age Gf thirty years,
and been nine years a citizen of the United States, and who fhall not, when elected
be an inhabitant of that ftate for which he fhall be chofen.
The vice-prefident of the United States mall be prefident of the Senate, but fhall
have no vote unlefs they be equally divided.
The Senate fliall choofe their other officers, and alfo a prefident pro tempore, in the
abfence of the vice-prefident, or when he fhall exercife the office of prefident of
the United States. j
The Senate fliall have the fole power to try all impeachments, when fitting for that
purpofe, they fliall be on oath or affirmation. When the prefident of the United
States is tried, the chief juftice fhaii prefide : And no perfon fhall be convicted with-
out the concurrence of two thirds of the members prefent.
#
judgment in cafes of impeachment fliall not extend further than to removal from
office, and disqualification to hold and enjoy any office of honor, truft or profit un-
der the United States; but the party convicted fhall neverthelefs be liable and fubjecl
to endictment, trial, judgment and punifhment according to law.
Sect. 4. The times, places and manner of holding elections for fenators and re-
prefentatives, fhall be prefcribed in each ftate by the legiflature thereof, but the con-
grefs may at any time by law make or alter fuch regulations, except as to the places
for choofing fenators.
The congrefs fliall aflemble at lead once in every year, and fuch meeting in all be
on the firft Monday in December, unlefs they fhall by law appoint a different day.
1
APPENDIX,
Sect. 5. Each houfe mall be the judge of the elections returns and qualifications
of its own members, and a majority or' each mall conftitute a quorum to do bufi-
nefs, but a fmaller number may adjourn from day to day, and may be authorized
to compel the attendance of abient members, in fuch manner, and under fuch penal-
ties as each houfe may provide.
Each houfe may determine the rules of its proceedings, punifh its members fox
difor'derly behaviour, and with the concurrence of two thirds, expel a member.
Each houfe mall keep a journal of its proceedings, and from time to time publifii
the fame, excepting fuch parts as may in their judgment require fecrecy : And the
yeas and nays of the members of either houfe on any queftion fhall, at the. defire of
ana fifth of thofe prefent, be entered on the journal.
Neither houfe during the ceffion of congrefs^ fhall without the confent of the other}
adjourn for more than three days, nor to any other place than that in which the two
hou'fes fhall be fitting.
Sect. 6. The fenators and reprefentatives fhall receive a compenfation for their
fervices, to be afcertained by law, and paid out of the treafury of the United States.
They fhall in all cafes, except treafon, felony, and breach of the peace, be privi-
ledged from arreft, during the attendance at their ceffion of their refpeciive houfes, and
in going to and returning from the fame, and for any fpeech or debate in either
houfe they mall not be questioned in any other place.
No fenatoror reprefentative mail during the time for which he was ele8ed, be ap-
pointed to any civil office under the authority of the United States, which fhall have
been created, or the emoluments whereof fhall have been increafed during fuch time;
and no perfon holding any office under the United States, fhall be a member of eith-
er houfe, during his continuance in office.
Sect. 7. All bills for raifing revenue fhall originate in the Houfe of Reprefenta-
tives; but the Senate may propofe or concur with amendments as on other bills.
Every bill which fhall have palled the Houfe of Reprefentatives and the Senate, fhall
before it become a law, be prefented to the prefident of the United States ; if he ap-
prove he fhall fign it, but if not he mall return it, with his objections, to that houfe
* in which it fhall have originated, who fhall enter the objections at large on their jour-
nal, and proceed to reconfider it. If after fuch reconfideration, two thirds of that
houfe fhall agree to pafs the bill, it fhall be fent, together with the objections, to the
other houfe, by which it fhall likevvife be reconfidered, and if approved by two thirds
of that houfe, it fhall become a law. But in all fuch cafes, the votes of both houfes
fhall be determined by yeas and nays, and the names of the perfons voting for and
againft the bill fhall be entered on the journal of each houfe refpectively. If any bill
fhall not be returned by the prefident within ten days (Sundays excepted) after it fhall
have been prefented to him, the fame fhall be a law, in like manner as if he had fign-
ed it, unlefs the congrefs by their adjournment, prevent its return, in which cafe it
fhall not be a law.
Every order, refolution or vote to which the concurrence of the Senate and Houfe
of Reprefentatives may be necefTary (except on a queftion of adjournment) fhall be
APPENDIX, 653
prefented to the president of the United States; and before the feme mail take effect,
Hia.il be approved by him, or being difapproved by him, mail be re-paffed by two
thirds of the Senate and Houfe of Reprefentatives, according to the rules and limi-
tations prefcribed in the cafe of a bill.
Sect. 8, The congrefs fhall have power to lay and collect taxes, duties, imports
andexcifes; to pay the debts and provide for the common defence and general wel-
fare of the United States; but all duties, imports andexcifes fhall be uniform through-
out the United States :
To borrow money on the credit of the United States :
To regulate commerce with foreign nations, and among the feveral ftates, and with
the Indian tribes :
To ertablifh an uniform rule of naturalization, and uniform laws on the fubjeft of
bankruptcies throughout the United States :
To coin money, regulate the value thereof, and of foreign coin, and fix the
flandard of weights and meafures :
To provide for the puniihment of counterfeiting the fecurities and current coin of
the United States :
To eftablifh port-offices and poft-roads:
To promote the progrefs of fcience and ufeful arts, by fecuring for limited times to
the authors and inventors the exclufive right to their refpective writings and difcoveries :
To conftitute tribunals inferior to trie fupreme court:
To define and punlrti piracies and felonies committed on the high feas, and offen-
ces againft the law of nations :
To declare war, grant letters of marque and reprifal, and make rules concerning
captures on land and water:
To raife and fupport armies; but no appropriation of money to that ufe fhall
be for a longer term than two years:
To provide and maintain a navy :
To make rules for the government and regulation of the land and naval forces :
To provide for the calling forth militia to execute the laws of the Union, fup-
prefs infurrections and repel invafions :
To provide for organizing, arming and difciplining the militia, and for governing
fuch part of them as may be employed in the fervice of the United States, referving
to the rtates refpe&ively the appointment of the officers and the authority of training
the militia according to the difcipline prefcribed by congrefs :
To exercife exclufive legifiation in ail cafes whatfoever over fuch diftrift (not exceed-
ing ten miles fquare) as may by ceffion of particular ftates and the acceptance of con-
654 APPENDIX,
grefs become the feat of government of the United States ; and to exerclfe like autho-
rity over all places purchafed by the confent of the legiflature of the ftate in which the
fame fhall be for the erection of forts, magazines, arfenals, dock-yards, and other
needful buildings; and,
To make all laws which fiiali be neceffary and proper for carrying into execution
the foregoing powers, and all other powers vefted by this conftitution in the govern-
ment of the United States, or in any department or officer thereof.
Sect. 9. The migration or importation of fuch perfons as any of the dates now
exifting fliall think proper to admit, mail not be prohibited by congrefs prior to the
year 1808; but a tax or duty may be impofed on fuch importation, not exceeding
ten dollars for each perfon.
The privilege of the writ of habeas corpus fhall not be fufpended, unlefs when in
cafes of rebellion or invafion, the public fafety may require it.
n
No bill of attainder or ex poft facto law fliall be paifed.
No capitation or other direct tax fhall be laid, unlefs in proportion to the cenfus or
enumeration herein before directed to be taken.
No tax or duty fhall be laid on articles exported from any ftate. No preference
fhall be given by any regulation of commerce or revenue to the ports of one ftate
over thofe of another; nor fhall veffels bound to or from one Rate be obliged to en-
ter, clear or pay duties in another.
No monies mall be drawn from the treafury but in confequence of appropriations
made by law; and a regular ftatement and account of the receipts and expenditures
of all public money fliall be publifhed from time to time.
No title of nobility fhall be granted by the United States; and no perfon holding
any office of profit or truft under them fliall, without the confent of congrefs, accept
of any prefent, emolument, office or title, of any kind whatfoever, from any king,
prince, or foreign ftate.
Sect. 10. No ftate fliall enter into any treaty, alliance or confederation, grant letters
of marque and reprifal, coin money, emit bills of credit, make any thing but gold
and lilver coin a tender in payment of debts, pafs any bill of attainder, ex poft facio
Jaw, or law impairing the obligation of contracts, or grant any title of nobility.
No ftate mall, without the confent of congrefs, lay any impoft or duties on im-
ports or exports, except what may beabfolutely neceffary for executing its inflection
laws; and the net produce of ali duties and impofts laid by any ftate on imports or
exports fliall be for the ufe of the treafury of the United States; and all fuch laws
fhall be fubjecl to the revifton and control of the congrefs.
No ftate fhall, without the confent of congrefs, lay any duty of tonnage, keep
troops or fliips of war in time of peace, enter into any agreement or compaQ with
another ftate, or with a foreign power, or engage in war, unlefs actually invaded? or
in fuch imminent danger as will not admit of delay.
J.)
APPENDIX. 65s
ARTICLE II.
Sect, i. The executive power fhall be vefted in a prefident of the United States of
America,
He fhall hold his office daring the term of four years, and, together with the vice-
prefident, chofen for the fame term, be elected as follows :
Each ftate fhall appoint, in fuch manner as the legiflature thereof may direct, a
number of electors, equal to the whole number of fenators and reprefentatives to
which the ftate may be entitled in the congrefs; but no fenator, or reprefentative, or
perfon holding any office of truft or profit under the United States mall be appointed
an eleftor.
The electors fhall meet in their refpeQive ftates, and vote by ballot for two perfons,
of whom one at leaft fhall not be an inhabitant of the fame ftate with themfelves.
And they fhall make a lift of all the perfons voted for, and of the number of votes
for each; which lift they fhall fign and certify, and tranfmit fealed to the feat of go-
vernment of the United States, directed to the prefident of the Senate. The prefi-
dent of the Senate fhall, in the .pre fence of the Senate and Houfeof Reprefentatives,
open all the certificates, and the votes fhall then be counted. The perfon having the
greateft number of votes fhall be the prefident, if fuch number be a majority of the
whole number of ele&ors appointed; and if there be more than one who have fuch
majority and have an equal number of votes, then the houfe of reprefentatives fhall
immediately choofe by ballot one of them for prefident; and if no perfon have a ma-
jority, then from the five higheft on the lift the faid houfe fliali in like manner choofe
the prefident. But in choofing the prefident the votes fliali be taken by ftates, the
reprefentation from each ftate having one vote; a quorum for this purpofe fhall confift
of a member or members from two thirds of the ftates, and a majority of all the ftates
fhall be neceffary to a choice. In every cafe, after the choice of the prefident, the
perfon having the greateft number of votes of the electors fhall be the vice-prefident.
But if there ihould remain two or more who have equal votes, the Senate fhall choofe
from them by ballot the vice-prefident.
The congrefs may determine the time of choofing the eleftors, and the day on
which they fhall give their votes; which day fhall be the fame throughout' the United
States.
§
No perfon except a natural born citizen, or a citizen of the United States at the
time of the adoption of this conftitution, fhall be eligible to the office of prefident;
neither fhall any perfon be eligible to that office who fhall not have attained to the age
of thirty-five years, and been fourteen years a refident within the United States.
In cafe of the removal of the prefident from office, or of his death, refignation
or inability, to difcharge the powers and duties of the faid office, the fame fhall de-
volve on the vice-prefident, and the congrefs may by law pro-vide For the cafe of re-
moval, death, refignation or inability, both of the prefident and vice-prefident, de-
claring what officer fhall then act. as prefident, and fuch officer fhall act accordingly,
until the difability be removed, or a prefident fhall be elefled.
The prefident fhall at ftated times, receive for his fervices a compenfation, which
fhall neither be increafed nor diminifhed during the period for which he fhall have been
656 APPENDIX,
elected, and he fiiall not receive within that period, any other emolument from the
United States or any of them.
Before he enters on the execution of his office, he fliall take the following oath or
affirmation :
" I do folemnly fwear (or affirm) that I will faithfully execute the office of presi-
dent of the United States, and will to the heft of my ability, preferve, protect and
defend the conftitution of the United States."
Sect. 2. The prefident fliall be commander in chief of the army and navy of the
United States, and of the militia of the feveral Hates, when called into actual fervice
of the United States; he may require the opinion in writing of the principal officer
in each of the executive departments, upon anv fubject relating to the duties of
their refpeclive officers, and he fliall have power to grant repreives and pardons for
offences againft the United States, except in cafes of impeachment. .
lie fliall have power, by and with the advice and confent of the Senate, to
make treaties, provided two thirds of the fenators prefent concur; and he fliall
nominate, and by and with the advice and confent of the Senate, fliall appoint
ambafladors, other public minifters and confuls, judges of the fupreme court, and
all other officers of the United States, whofe appointments are not herein otherwife
provided for, and which fliall be eftablifhed by law. But the congrefs may by law
veft the appointment of fuch inferior officers, as they think proper, in the prefi-
dent alone, m the courts of law, or in the heads of departments.
The prefident fliall have power to fill up all vacancies that may happen during
the recefs of the Senate, by granting commiffions which fliall expire at the end of
their next feffiom
Sect. 3. He fliall from time to time give to the congrefs information of the ftate
of the Union, and recommend to their consideration fuch meafures as he fliall judge
neceflary and expedient; he may, on extraordinary occafions, convene both houfes,
or either of them ; and in cafe of difagreement between them with refpeci to the time
of adjournment, he may adjourn them to fuch time as he fliall think proper; he fliall.
receive ambafladors and other public minifters; he fliall take care that the law be faith-
fully executed, and fliall commiffion all the officers of the United States.
Sect. 4. The prefident, vice-prefident, and all civil officers of the United States,
Hi all. be removed from office on impeachment for and cdtiviciion of treafon, bribery,
or other high crimes and mifdemeanors.
ARTICLE IIL
SutJtciar$
Sect. 1. The judicial power of the United States fliall be veiled in one fupreme
court, and in fuch inferior courts as the congrefs may from time to time ordain and
eftablifli. The judges both of the fupreme and inferior courts fliall hold their offices
during good behaviour, and fliall at itated times receive for their fervices a compete
i'ation which ihall not be diminiflied during their continuance in office.
APPENDIX, 657
Sec*. 2. The judicial power fhall extend to all cafes in law and equity arifmg un-
der this conftitution, the laws of the United States, and treaties made, or which fhall
be made, under their authority; to ail cafes affefling ambaffadors, other public mi-
nifters and confuls; to all cafes of admiraky and maritime jurifdiclion; to controver-
lies to which the United States {hall be a party; to controveriies between two or more
dates, between a (late and citizens of another ftate, between citizens of different ftates,
between citizens of the fame ftate claiming lands under grants of different ftates, and
between a ftate, or the citizens thereof, and foreign ftates, citizens or fubjects.
In al! cafes affecting ambaffadors, other public minifters and confuls and thofe in
which a ftate fhall be a party, the fupreme court fhall have original jurifdiclion. In all
the other cafes before mentioned, the fupreme court fhall hate appellate jurifdiclion,
both as to law and faft, with fuch exceptions, and under fuch regulations as the con-
grefs fhall make.
The trial of all crimes, except in cafes of impeachment, fhall be by jury; and
fuch trial fhall be held in the ftate where the faid crimes fhall have been committed,
but when not committed within any ftate, the trial fhall be at fuch place or places as
the congrefs may by law have directed.
Sect. 3. Treafon againft the United States fhall confift only in levying war againft
them, or in adhering to their enemies ; giving them aid and comfort. No perfon
fhall be convicled of treafon, unlefs on the teftimony of two witnefies to the fame
overt act, or on confeffion in open court.
The congrefs fhall have power to declare the punifhrnent of treafon, but no at-
tainder of treafon fhall work corruption of blood, or forfeiture, except during the
life of the perfon attainted.
ARTICLE IV.
Sect. 1. Full faith and credit fhall be. given in each ftate to the public acts, re-
cords, and judicial proceedings of every other ftate. And the congrefs may by general
laws prefcribe the manner in which fuch acts, records and proceedings fhall be prov-
ed, and the effect: thereof.
Sect. 2. The citizens of each ftate fhall be entitled to all privileges and immuni-
ties of citizens in the feveral ftates.
A perfon charged in any ftate with treafon, felony or other crime, who . fhall flee
from juftice, and be found in another ftate, fhall on demand of the executive au-
thority of the ftate from which he fled be delivered up, to be removed to the ftate
having jurifdiction of the crime.
No perfon held to fervice or labor in one ftate, under the laws thereof, efcaping in
to another, mall in confequence of any law or regulation therein, be di {charged from
fuch fervice or labor, but fhall be delivered up on claim of the party to whom fuch
fervice or labor may be due,
4O .
6^3 APPENDIX.
Sect. 3. New Hates may be admitted by the congrefs into this Union ; but no new
ftate fhall be formed or erected within the jurifdiciion of any other date ; nor any
ftate be formed by the junction of two or more Rates or parts of dates, without the
confent of the legiflatures of the ftates concerned, as well as of the congrefs.
The congrefs (hall have power to difpofe of and make all needful rules and regu-
lations refpefting the territory or other property belonging to the United States ; and
nothing in this conflitution (hall be fo conftrued as to prejudice any claims of the
United States, or of any particular ftate.
Sect. 4. The United States fiiall guarantee to every (late in this Union, a republican
form of government, and (hall prote£l each of them againfl invafion ; and on appli-
cation of the legislature, or of the executive (when the legiiiature cannot be conven-
ed) againfl domeftic violence.
ARTICLE V.
Htnentsment&
The congrefs, whenever two thirds of both houfes mail deem it necefTary, fhall
propofe amendments to this conflitution, or on the application of the legiflatures of
two thirds of the feveral ftates, fhall call a convention for propofing amendments,
which in either cafe; fhall be valid to all intents and purpofes, as part of this confu-
tation, when ratified by the legiflatures of three fourths of the feveral ftates, or by
conventions in three fourths thereof, as the one or the other mode of ratification
may be propofed by the congrefs. Provided, That no amendment which may be
made prior to the year one thoufand eight hundred and eight, fhall in any manner af-
fect the fir ft and fourth claufes in the ninth fection, of the firft article ; and that no
ftate, without its confent, fhall be deprived of its equal fufFrage in the Senate.
% ARTICLE VI.
All debts contracted and engagements entered into before the adoption of this con-
flitution fhall be as valid againfl the United States under this conflitution as under
the confederation.
This conflitution, and the laws of the United States which fiiall be made in purfu-
ance thereof, and all treaties made, or which fiiall be made under the authority of the
United States, fiiall be the fupreme law of the land, and the judges in every ftate fhall
be bound thereby ; any thing in the conflitution or laws of any ftate to the contrary
notwithftanding,
The fenators and reprefentatives before mentioned, and the members of the feve-
ral ftate legiflatures, and all executive and judicial officers, both of the United States
and of the feveral ftates, fhall be bound by oath or affirmation, to fupport this con-
flitution : but no religious tefl fhall ever be required as a qualification to any office
or public truft under the United States.
ARTICLE VII.
The ratification of the conventions of nine ftates fhall be fufBcient for the eftabliftV
ment of this conflitution between the ftates fo ratifying the fame,
APPENDIX.
Done in convention by the unanimous confent of the Rates prefent, the 17th day
of September, in the year of our Lord 1787, and of the independence of the Uni-
ted States of America the twelfth. In witnefs whereof, WE have hereunto fubfcrib-
ed our names.
GEORGE WASHINGTON,
Prefident, and Deputy from Virginia.
NPWTTAMP*TTTT>F / JOHN LANGDON.
NEW-HAMPSHIRE, < JMirnni Ac r.n \a\
$59
MASSACHUSETTS.
\NICHOLAS OILMAN;
/NATHANIEL GORHAM.
\RUFUS KING.
„,_.___„__._ /WILLIAM SAMUEL JOHNSON,
CONNECTICUT. jROGER SHERMAN.
NEW-YORK. ALEXANDER HAMILTON.
NEW- JERSEY.
{WILLIAM LIVINGSTON,
DAVID BREARLEY. .
WILLIAM PATTERSON,
JONATHAN DAYTON.
PENNSYLVANIA. <{
fBENJAMIN FRANKLIN.
J THOMAS MIFFLIN.
J ROBERT MORRIS.
GEORGE CLYMER.
THOMAS FITZSIMMONS,
JARED INGERSOLL.
JAMES WILSON.
GOUVERNEUR MORRIS,
"GEORGE READ.
GUNNING BEDFORD,
DELAWARE. •< JOHN DICKINSON.
RICHARD BASSETT,
JACOB BROOM.
Jun,
f JAMES M'HENRY.
MARYLAND. <{ DANIEL OF St. THOMAS JENISER.
[DANIEL CARROLL.
VIRGINIA /JOHN BLAIR.
VIRGINIA. Ijames MADISON, Jun.
NORTH-CAROLINA.
fWILLIAM BLOUNT,
■i RICHARD DOBBS SPAIGHT,
[HUGH WILLIAMSON.
2
66o APPENDIX.
SOUTH-CAROLINA. <
J. RUTLEDGE.
CHARLES C. PINCKNEY
CHARLES PINCKNEY.
! PIERCE BUTLER.
/WILLIAM FEW.
\ ABRAHAM BALDWIN.
GEORGIA.
Attefl. WILLIAM JACKSON, Secretary
&»•«•««•
THE convention of a number of ftates having, at the time of their adopting the
conftitution, expreffed a defire, in order to prevent mifconftru&ion or abufe
of its powers, that further declaratory and reftriclive claufes fhould be added: And
as extending the ground of public confidence in the government will beft enfurethe
beneficent ends of its inftitution :
Refolved, by the Senate and Houfe of Reprefentatives of the United States of Ame-
rica in congrefs ajfembled, two thirds of both Houfes concurring, That the following
articles be propoled to the legifiatures of the feveral ftates, as amendments to the con-
ftitution of the Uuited States, all or any of which articles, when ratified by three
fourths of the faid legifiatures, to be valid to all intents and purpofes, as part of the
laid conftitution, viz.
Articles in addition to and amendment of the conftitution of the United States of
America, propofed by congrefs, and ratified by the legifiatures of the feveral ftates,
purfuant to the fifth article of the original conftitution.
ARTICLE I.
After the firft enumeration required by the firft article of the conftitution, there
Jhall be one repref'entative for every thirty thoufand until the number fhall amount to
one hundred; after which the proportion fhall be fo regulated by congrefs, that there
ihall be not lefs than one hundred reprefentatives nor lefs than one reprefentative
for every forty thoufand perfons, until the number of reprefentatives fhall amount to
two hundred; after which the proportion fhall be fo regulated by congrefs, that there
fhall be not lefs than two hundred reprefentatives, nor more than one reprefentative
for every fifty thoufand perfons.
ARTICLE II.
No law varying the compenfation for the fervices of the fenators and reprefenta-
tives fhall take eifecl, until an ele&ion of reprefentatives fhall have intervened.
APPENDIX. 661
ARTICLE III.
Congrefs (hall make no law refpefting an eftablifhment of religion, or prohibiting
the free exercife thereof ; or abridging the freedom of fpeech or of the prefs ; of the
right of the people peaceably to affemble, and to petition the government for a redrefs
for grievances.
ARTICLE IV.
A well regulated militia being neceifary to the fecurity of a free (late, the right of
the people to keep and bear arms fhall not be infringed.
ARTICLE V.
No foldier mail in time of peace be quartered in any houfe without the confent of
the owner,; nor in time of war but in a manner to be prefcribed by law.
ARTICLE VI.
The rightof the people to be fecure in their perfons, houfes, papers and efFe&s,
againft unreasonable fearches and feizures, {hall not be violated, and no warrants fhall
iflue, but upon probable caufe, fupported by oath or affirmation, and particularly
defcribing the place to be fearched, and the perfons or things to be feized.
ARTICLE VII.
No perfon fhall be held to anfwer for a capital crime, or other wife infamous crime ;
unlefs on a prefentment or endi£tment of a grand jury, except in cafes arifing in the
land or naval forces, or in the militia when in a&ual fervice in time of war or public
danger; nor fhall any perfon be fubjeft for the fame offence to be twice put in jeo-
pardy of life or limb; nor fhall be compelled in any criminal cafe, to be witnefs againfl
himfelf, nor be deprived of life liberty or property, without due procefs of law ; nor
mail private property be taken for public ufe without juft compenfation.
ARTICLE VIII.
In all criminal profecutions the adcufed fhall enjoy the right to a fpeedy and pub-
lic trial, by an impartial jury of the ftate and diftrift wherein the crime fhall have
been committed, which diftrift lhall have been previoufly afcertained by law, and to
be informed of the nature and caufe of the accufation; to be confronted with the witnef-
fes againft him ; to have compulfory procefs for obtaining witneffes in his. favor, and
to have the affiftance of counfel for his defence.
ARTICLE IX.
In fuits at common law, where the value in controverfy fhall exceed twenty dol-
lars, the right of trial by jury fhall be preferved, and no fa£t, tried by a jury, fhall
be otherwife re-examined in any court of the United States, than according to the ,*
rules of the common law.
ARTICLE X.
Exceffive bail fhall not be required, nor exceffive fines impofed, nor cruel and unu-
fual punifhrnents inflicted.
ARTICLE XI.
The enumeration in the conflitution of certain rights, fhall not be conftrued to de-
ny or difparage others retained by the people.
66z APPENDIX.
ARTICLE XII.
The powers not delegated to the United States by the conftitution, ,nor prohibited
by it to the ftates, are referved to the Mates respectively, or to the people.
ADDITIONAL ARTICLE.
The judicial power of the United States fhall not be conflrued to extend to any
fuit in law or equity, commenced or profecuted againft one of the United States by
citizens of another ftate, or by citizens or fubjeQs of any foreign ftate.
e«»a»c««:
CONVENTION
BETWEEN
SOUTH-CAROLINA AND GEORGIA,
CONCLUDED AT BEAUFORT IN 1787.
CO ail tO tDljOtn tf)C#£ $ttm\t$ £ljall COme, The underwritten Charles CotcC
worth Pinckney, Andrew Pickens and Pierce Butler, efqrs. commiffioners ap-
pointed by the ft ate of South-Carolina, of the one part, and the underwritten
John Haberfham and Lachlan M'lntofh, efqrs. a majority of the commiffioners
appointed by the date of Georgia, of the otfier part — -fend greeting;
f 7HEREAS the Hate of South-Carolina did heretofore prefent a petition to the
V United States in congrefs affembled, and did therein let forth, that a difpute
and difference had arifen and fubfifted between the ftates of South-Carolina and
Georgia concerning boundaries; and the ftates claiming refpectively the fame territo-
ries, and that the cafe and claim of the ftate of South-Carolina was as follows, that
is to fay: " Charles the Second, king of Great-Britain, by charter dated the twenty-
fourth day of March, in the fifteenth year of his reign, granted to eight perfons as
therein named, as lords proprietors thereof, all the lands lying and being within his
dominions of America between thirty-one and thirty-fix degrees of fouth latitude, in
a direct weft line to the South Seas, ftyling the lands fo defcribed " The Province of
Carolina:"/' That on thethirtieth day of June, in the feventeenth year of his reign,
the faid king granted to the faid lords proprietors a fecond charter, enlarging the
bounds of Carolina, viz. from twenty-nine degrees of north latitude to thirty-fix
degrees thirty minutes, and from thoie points on the fea-coaft weft in a direB line to
the South Seas: That feven of the faid proprietors of Carolina fold and furrendered
t^. George the Second, late king of Great-Britain, all their title and intereft in the
laid province, and the fhare of the remaining proprietor was feparated from the
king's, and allotted to him in the north part of North-Carolina: That Carolina was
aitendix. 663
afterwards divided into two provinces, called North and South Carolina: That b„y a
charter dated the ninth day of June, one thoufand icven 'hundred and thirty-two,
George the Second, king of Great-Britain, granted to certain perrons therein named,
all the lands lying between the rivers Savannah and Alatamaha, and between lines to
be drawn from the heads of thole rivers refpectively to the South Sea, and fly led the
faid Colony " Georgia:" That by the treaty of peace concluded at Paris on the tenth
day of February, one thoufand feven hundred and fixty-three, the river Miffifrppi
was declared to be the wefte'rh boundary of the North American Colonies : That the
governor of South-Carolina, in the year one thoufand kven hundred and fixty, con-
ceiving that the lands fouthward of the Alatamaha {till belonged to South-Carolina,
granted feverai tracls of th.e faid lands : That the government of Georgia complained to
the king of Great-Britain, refpccling thofe grants as being for lands within its limits, and
thereupon his majefty by proclamation dated the feventhday of October, one thou-
fand kven hundred and fixty-three, annexed to Georgia all the lands lying between
the rivers Alatamaha and St. Mary's, the validity of the grants pafied by the governor of
South-Carolina as aforefaid, remaining however acknowledged and uncontefted, and
the grantees of the faid land, or their reprefentatives Hill holding it as their legal eft ate.
That South-Carolina claims the lands lying between the North-Carolina line, and the
line run due weft from the mouth of Tugaio River to the Miffifippi, becaufe as the
faid ft ate contends the river Savannah lofes that name at the confluence of Tugaio
andKeowee Rivers, confequently that fpot is the head of Savannah River. The Hate
of Georgia on the other hand contends that the fource of the Keowee River is to be
corifidered as the head of Savannah River. That the ftate of South- Carolina alfo
claims all the lands lying between a line to be drawn from the head of the ri-
ver St. Mary's, the head of the Alatamaha, to the MiiTifippi and Florida, being as the
faid ftate contends, within the limits of its charter, and not annexed to Georgia by
the faid proclamation of one thoufand feven hundred and fixty-three. The flate of
Georgia, on the other hand contends, that the tracl of country laft mentioned is a part
of that ftate." The ftate of South-Carolina did therefore by their faid petition pray
for a hearing and determination of the difference and difpute fubfifting as aforefaid,
between the laid ftate and Georgia, agreeable to the articles of confederation and per-
petual union between the United States of America. And zvhereas the ftate of Geor-
gia were duly notified of the faid petition, and did by their lawful agents appear in or-
der to eftablifh their right to the premifes, in manner directed by the faid articles of
confederation : And proceedings were thereon had in congrefs in order to«the appoint-
ment of judges to conftitute a court for hearing and determining the faid matter in
queftion : And zvhereas it appeared to be the fincere with and deiire of the faid ftates
of South-Carolina and Georgia, that all and fingtilar the differences and claims fub-
fifting between the faid ftates, relative to boundary fhould be amicably adjufted and
compromifed : And whereas the legiflature of the ftate of South-Carolina, did elect the
above named Charles Cotefworth Pinckney, Andrew Pickens and Pierce Butler, efqrs.
commiffioners, and did inveft them, or a majority of them, with full and abfolute
power and authority in behalf of that ftate, to fettle andcompromife all and fingular
the differences, controverfies, difputes and claims which fubfift between the faid ftate,
and the ftate of Georgia, relative to boundary, and to eftablifh and permanently fix a
boundary between the two ftates. And the faid ftate of South- Carolina did declare,
that it would at all times thereafter ratify and confirm all and whatfoever the laid
commiffioners, or a majority of them, fhould do in and touching the premifes, and
that the fame mould be forever binding on the faid ftate of South- Carolina. And
66* APPENDIX.
zvhercas the legislature of the (late of Georgia did appoint John Houftoun, Johh
Haberfham and Lachlan M'Intofh, efqrs. commiffioners, and did invert them with
full and abfolute power and authority, in behalf of that ftate, to fettle and compro-
mife all and fingular the differences, con trover Ties, difputes and claims which fubfift
between the faid (late and the ftate of South-Carolina relative to boundary, and to
eftablifh and permanently fix a boundary between the two Mates. And the faid
ft ate of Georgia did alio declare, That it would at ail times thereafter ratify and
confirm all and whatsoever the faid laft mentioned commiffioners, or a majority of
them, mould do in and touching the premifes,- and that the fame mould be forever
binding on the faid Hate of Georgia. JS.OtB; tf)CtCfOrr, UttOfcO £C, That the under-
written commitfioners on the part oi' the Mates of South Carolina and Georgia respect-
ively, having- by mutual confent affembled at the town of Beaufort, in the date of South-
Carolina, on the twenty-fourth day of this prefent month of April, in order to the
due execution of their refpefiive trufts, and having reciprocally exchanged and con-
sidered their full powers, and declared the fame legal and forever binding on both
dates, and having conferred together on the moft effectual means of adjufting the
differences i'ubiilting between the two ftates, and of eftabiifbing and permanently fix-
ing a boundary between them, have agreed, and by thefe prefents for and in behalf
of their refpettive ftates, do mutually agree to the following articles, that is to fay ;
ARTICLE THE FIRST.
The mod northern branch or ftream of the river Savannah, from the fea or mouth
of fuch ftream to the fork or confluence of the rivers now called Tugalo and Keo-
wee; and from thence the moft northern branch or ftream of the faid river Tugalo,
till it interfects 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 Miilifippi, to be drawn from the head fpring or
fource of the faid branch or ftream of Tugalo River, which extends to the higheft
^northern latitude, fhall forever hereafter form the feparation, limit and boundaryce-
tween the dates of South-Carolina and Georgia,
ARTICLE THE SECOND.
The navigation of the, river Savannah at and from the bar and mouth, along the
northeaft fide of Cockfpur Ifland, and up the direct courfe of the main northern
channel,' along the northern fide of Hutchinfon's Ifland, oppofitethe town of Savan-
nah, to the upper end of the faid ifland, and from thence up the bed or principal
ftream of the faid river to the confluence of the rivers Tugalo and Keowee, and from
the confluence up the channel of the moft northern ftream of Tugalo River to its
fource, and back again by the fame channel to the Atlantic Ocean — is hereby decla-
red to be henceforth equally free to the citizens of both ftates, and exempt from al!
duties, tolls., hinderance, interruption and moleftation whatfoever, attempted to be
enforced by one ftate on the citizens of another; and all the reft of the river Savan-
, nah to the fouthward of the foregoing defcription, is acknowledged to be the exclu-
sive right of the ftate of Georgia,
APPENDIX, 66s
ARTICLE THE THIRD.
The ftate of South-Carolina fliall not hereafter claim any lands to the eaftward,
fouthward, fouthcaftward or weft of the boundary above eftablifhed, but hereby re-
linquishes and cedes to the ftate of Georgia all the right, title and claim which the faid
ftate of South-Carolina hath to the government, fovereignty and jurifdiclion in and
over the fame, and alfo the right of pre-emption of the foil from the native Indians,
and all other the eftate, property and claim which the ftate of South-Carolina hath in
or to the laid land.
ARTICLE THE FOURTH.
The ftate of Georgia fhall not hereafter claim any lands to the northward or north-
eailward of the boundary above eftablifhed, but hereby relinquishes and cedes to the
ftate of South-Carolina ail the right, title and claim which the laid ftate of Georgia
hathtothe government, fovereignty and jurifdiclion in and over the fame, avid alfo
the right of pre-emption of the foil from the native Indians, and all other the eftate,
property and claim which the ftate of Georgia hath in or to the faid lands.
ARTICLE THE FIFTH.
The lands heretofore granted by either of the faid ftates between the forks of Tu*
galo and Keowee ftiall be the private property of the fir ft grantees, and their refpecV
ive heirs and affigns; and the grantees of any of the faid lands under the ftate of
Georgia (hall, within twelve months from the date hereof, caufe fuch grants or au-
thentic copies thereof, ratified under the feal of the ftate of Georgia, to be depofited
in the office of the fecretary of the ftate of South-Carolina, to the end that the fame
may be recorded there; and after the fame fliall have been fo recorded, the grantees
fliall be entitled to receive again from the faid fecretary their refpe&ive grants, or the
copies thereof, whichfoever may have been fo depofited, without any charge or fee
of office whatfoever; and every grant which fhall not, or of which the copy certified
as above mentioned fliall not be fo depofited, fhall b.e, judged void.
ARTICLE THE SIXTrI.
The commifiioners on the part of the ftate of South-Carolina do not by any of
the above articles mean to cede, relinquifh or weaken the right, title and claim of any
of the individual citizens of the ftate of South- Carolina to any lands fituated in
Georgia, particularly to the lands fituated to the fouth or fouthweft of the river Ala-
tamaha, and granted during the adminiftration of governor Boone, in the year one
thoufand feven hundred and fixty -three ; and they do hereby declare, that the right
and title of the faid citizens to the fame is and ought to remain as full, ftrong and ef-
fectual as if this convention had not been made. The commiffioneis on the part of
the ftate of Georgia do decline entering into any negotiation relative to the lands men-
tioned in this article, as they conceive they are not authorized foio do by the powers
delegated to them.
3|H Ce0timOlTg tOljeteOf, the faid Charles Coiefworth Piacknep Andrew Pick-
ens and Pierce Butler, for and in behalf of the ftate of South-Carolina, and the faid
John Hakerfham and Lachlan M5Intofh, for and in behalf of the ftate of Georgia,
have to thefe prefents and a duplicate thereof, both intended., interchangeably fet
their hands and affixed their feals.
4p
666 APPENDIX.
Done at Beaufort, in the (late of South-Carolina, the twenty-eighth day of Aprii3
in the year of our Lord one thoufand feven hundred and eighty-feven, and in the
eleventh year of the independence of the United States of America.
CHARLES COTESWORTH PINCKNEY. (I. S.)
ANDREW PICKENS. (L. S.)
PIERCE BUTLER. (L. S.)
JOHN HABERSHAM. (L. f )
LACHLAN M'INTOSH. (L. S.)
Beaufort, South-Carolina, 28/A April, 1787,
1, John Houftoun, one of the commiffioners appointed by ordinance of the
General Affembiy on the part and behalf of the (late of Georgia, for fettling difputes
refpe&ing boundary with the Hate of South-Carolina, do diffent from fo much as is
herein after mentioned or implied of the convention or agreement this day entered
into by and between the commiffioners of South-Carolina on the one part, and a
majority of the commiffioners of Georgia on the other part, and for caufes of this
my diffent do affign as follows :
ift. I conceive, from the words of the charter of Georgia, all the lands which lie
fouth and fouthweft of the moft northern part of the dream of the river Savannah,
up to its head or fource; from thence within a direct line running due weft to the river
Miffifippi, and extending fouthwardly as far as the boundaries of Eaft and Weft Flo-
rida, are the right of Georgia. This ftream here defcribed I take to be that branch
of the river Savannah known by the name of Keowee; if fo, all the lands which lie
in the fork of the two branches of Savannah River called Tugalo and Keowee,
ought to fall into Georgia, whereas by this convention they are yielded to South-Ca-
rolina. As to the relinquifhment on the part of South-Carolina of all her claims ira
the fouthern diftricl of Georgia, I do not conceive this by any means an equivalent;
for although the two territories in queflion may be equally fertile, or perhaps the dif-
ference in point of extent and value even in favor of the fouthern, yet I apprehend
the title of Georgia to the lands now ceded to South-Carolina was good and valid,
whereas the pretentions of South-Carolina to the fouthern country appear to me to be
fo ftender, that the right of Georgia to thofe lands is neither ftrengthened or weakened
by the prefent convention; and therefore as, in my opinion, the nature of the claims
ought to be confidered in the negociation as well as the value and extent of the foils,
I cannot admit the exchange to be equal.
2dly. As to the free navigation of the river Savannah now given up to South-Ca-
rolina, I conceive this point is, in the firft place, not an objeel of our commiffion;
but if it was5>hpwever difpofed I might be always to wifh an indulgence to a fifter
ftate on this head (which I believe has hitherto been the cafe) yet I am not inclined
bo give that indulgence, the color of a right. Were we fettling commercial regulations
with South-Carina, to permit the free navigation of the river might be juftand
proper, and the title then would depend on and be derived from fuch agreement;
but to yield this point as a claim, in the prefent inftance implies that the .right has
been aborigine in South- Carolina. Such a pofition would be inconfiftent with my
idea of our boundary; for if we hold the fovereignty "from the mojl northern part
of thejlream^- it feems to me the exclufive right of navigation follows of courfe:
APPENDIX. 667
This is neither a forced or new conflruftion of our charter* but has uniformly been
the opinion for a feries of years paft of mod people in Georgia; and all the docu-
ments adduced tend only to {hew the point has been contefted but never decided on.
On the whole, although I fhould be amongft the foremoft to concede to this neigh-
borly privilege in return for fome other perhaps lefs valuable to the citizens of South-
Carolina, yet I fhould wifh to fee it held by them as a grant, under fome reftriclionsj
from Georgia, and not a right proved and eftabiiihed at the prefent meeting.
JOHN HOUSTOUN.
The proclamation of 1763, efablifliing the governments of Eajl and Wejl Florida^ and
extending the fouthem boundary of Georgia,
BY THE KING.
A PROCLAMATION,
George R.
HEREAS we have taken into royal confide rati on the extenfive and valuable
acquifitions in America, fecured to our crown by the late definitive treaty of
peace, concluded at Paris the tenth day of February laft ; and being defirous that
all our loving fubjecls, as well of our kingdoms as of our colonies in America, may
avail themfelves with all convenient fpeed,of the great benefits and advantages which muft
accrue therefrom in their commerce, manufactures and navigation; we have thought
fit, with the advice of our privy council, to iffue this our royal proclamation, here-
by to publifh and declare to all our loving fubjecls, that we have, with the advke
of our faid privy council, granted our letters patent under our great feal of Great-
Britain, to ereel within the countries and ifiands ceded and confirmed to us by the
faid treaty, four diftinft and feparate governments, ftyled and called by the names
of Quebec, Eafl Florida^ Weft Florida and Grenada, and limited and bounded as
follows, viz.
Firfl, The government of Quebec-, bounded on the Labrador coafl by the river St,
John, and from thence by a line drawn from the head of that river through the lake St.
John, to the fouth end of the lake Nipffliiri ; from whence the faid line eroding the river
St. Lawrence and the lake Champlain in forty-five degrees cf north latitude, paf-
fmg along the high lands which divide the rivers that empty themfelves into the faid
river St. Lawrence, from thofe which fall into the fea; and alfo along the north ceaft
of the Baye des Gtialeufs, and the coafl of the gulph of St. Lawrence to Cape Ro~
fieres, and from thence eroding the mouth of the river St. Lawrence by the weft
^nd of the ifland Anticofli. terminates at the aforefaid river St. John,
G®8 APPENDIX.
Secondly, The government of Eaft Florida, bounded to the weftward by the
gulph of Mexico and the Appalachicola River; to the northward, by a line drawn
from that part of the faid river where the Catahouchee and Flint Rivers meet, to
the fource of St. Mary's River, and by the courfe of the faid river to the Atlantic
Ocean; and to the ealt and fouth by the Atlantic Ocean, and the gulph of Florida,
including all iflands within fix leagues of the fea coaft.
Thirdly, The government of Weft Florida, bounded to the fouthward by the
gulph of Mexico, including all iflands within fix leagues of the coaft from the
river Appalachicola to lake Pontchartrain; to the weftward by the faid lake, the
lake-Maurepas and the river Miffihppi; to the northward by a line draw n dueeaft
from that part of the river Miflilippi which lies in ihirty-one degrees north latitude.,
£o the river Appalachicola or Catahouchee, and to the eaftward by the faid river.
Fourthly, The government of Grenada, comprehending the i'fland of that name,
together with the Grenadines, and the iflands of Dominico, St. Vincent and Toba-
go-
And to the end that the open and free fifhery of our fubjefts may be extended tor
and carried on upon the coaft of Labrador and the adjacent iflands, we have thought
fit, with the advice of cur faid privy council, to put all that coaft from the river St*
John's to Hudfon's Straits, together with the iflands Anucofti and Madelaine, and
all other fmaller iflands lying upon the faid coaft, under the care and infpeftion of our
governor of Newfoundland.
We have alfo, with the advice of our privy council, thought fit to annex the ifl-
ands of St. John and Cape Breton, or Ifle of Royale, with the leffer iflands adja-
cent thereto, to our government of Nova Scotia.
We have alfo, with the advice of our privy council aforefaid, annexed to our pro-
vince of Georgia, all the lands lying between the rivers Alatamaha and St. Mary's.
And whereas it will greatly contribute ta the fpeedy fettling our faid new govern-
ments, that our loving fubje£fs mould be informed of our paternal care for the fecuri-
ty of the liberties and properties of thofe who are and fhall become inhabitants there-
of, we have thought fit to publifh and declare, by this our proclamation, that we
have, in the letters parent under our great feal of Great-Britain, by which the faid
governments are constituted, given exprefs power to our governors of cur faid co-
lonies reflectively, that fo loon astheftate andcircumftances of the faid colonies will
admit thereof, they fhall, with the advice and confent of the members of our council,
fummon and call general aflemblies within the faid governments refpeclively, in fuch
manner and form as is ufed and directed in thofe colonies and provinces in America,
"which are under our immediate government ; and we have alfo given power to the
faid governors, with the confent of our faid councils, and the reprefentatives of the peo-
ple fo to be fummoned as aforefaid, to make, conftitute, and ordain laws, ftatutesand
©rdinances for the public peace, welfare and good government of our faid colonies,
and of the people and inhabitants thereof, as near as may be, agreeable to the laws of
England^ and under fuch regulations and reftriftions as are ufed in other colonies;
APPENDIX. 669
and in the mean time, and until fuch affemblies can be called as aforefaid, all perfons
inhabiting it, or reforting to our faid colonies, may confide in our royal protection for
the enjoyment of the benefit of the laws of our realm of England; for which pur-
pofe we have given powers under our great feal, to the governors of our faid colo-
nies refpe&ively, to erect, and conftitute, with the advice of our faid councils refpec-
tively, courts of judicature and public juftice within our faid colonies, for the hear-
ing and determining all caufes, as well criminal as civil, according to law and equity,,
and, as near as may be, agreeable to the laws of England, with liberty to all perfons
who may think themfelves aggrieved by the fentenceof fuch courts, in all civil cafes,
to appeal, under the ufual limitations and reftriSions, to us in our privy council.
We have alfo thought fit, with, the advice of our privy council as aforefaid, to give
unto the governors and councils of our faid three new colonies upon the continent,
full power and authority to fettle and agree with the inhabitants of our faid new colo-
nies, or to any other perfon who mall refort thereto, for fuch lands, tenements and
hereditaments, as are now, or hereafter mail be in our power to difpofe of, and then
to grant to any fuch perfon or perfons, upon fuch terms, and under fuch moderate
quit-rents, fervices and acknowledgments, to have been appointed and fettled in
other colonies, and under fuch other conditions as (hall appear to us to be neceffary
and expedient for the advantage of the grantees, and the improvement and fettlemenl
of our faid colonies*
And whereas we are defirous upon all oceafions to teftify our royal fenfe and appro-
bation of the conduft and bravery of the officers and foldiers of our armies, and to
reward the fame, we do hereby command and empower our governors of our faid
three new colonies, and other o\ir governors of our feveral provinces on the conti-
nent of North- America, to grant, without fee or reward, to fuch reduced officers as
have ferved in North-America during the late war, and are actually rending there,
and mall perfonally apply for the fame, the following quantities of land, fubject at
the expiration often years,, to the fame quit-rents as other lands are fubject to in the
province in which they are granted, and alfo fubjeB to the fame conditions of culti-
vation and improvements, viz.
To every perfon having the rank of a field-officer, 5000 acres,
To every captain, 3000 acres.
To every fubaltern or ftaff-offieer, 2000 acres.
To every non-commiffioned, 200 acres.
To every private, 50.
We do likewife authorize and require the governors and commanders in chief of all
our faid colonies upon the continent of North-America, to grant the like quantities
of land, and upon the fame conditions, to fuch reduced officers of our navy of like
rank as ferved on board our (hips of war in North-America, at the times of the re-
duaion of Louifburgh and Quebec, in the late war, and Tvho mall perfonally apply
*o our refpe&ive governors for fuch grants.
fy%
And whereas it is juft and reafonable, and efltmtial io our intereft and the fecurit/
of our colonies, that the feveral nations or tribes or" Indians with whom we are con-
nected, and who live under our protection, fhould not be raolefted or difturbed in the4
poiTeflion of fuch parts of our dominions and territories as, not having been ceded to
orpurchafed by us$ are referved to them, or any of them, as their hunting grounds; we
do, therefore, with the advice of our privy council, declare it to be our royal will and
pleafure, that no governor or commander in chief* in any of our colonies of Quebec,
or Eaft Florida^ or Weft Florida, do prefume upon any pretence whatever, to grant
warrants of furvey*, or pafs any patents for lands beyond the bounds of their refpec-
tive governments, as defcribed in their commiffions, as alfo that no governor or com-
mander in chief of our other colonies or plantations in America, do prefume for the
prefent, and until our further pleafure be known, to grant warrants of furvey, or pafa
patents for any lands beyond the heads or fources of any of the rivers which fall in-
to the Atlantic Ocean, from the weft to the northweft, or upon any lands whatever
which, not having been ceded to or purchafed by us as aforefaid, are referred to the
faid Indians or any of them.
And we do further declare it to be our royal will and pleafure for the prefent as
aforefaid, to referve under our fovereignty, protection and dominion for the ufe of
the laid Indians, all the land and territories net included within the limits of our faid
three new governments, or within the limits of the territory granted to the Hudfons
Bay Company ; as alfo all the lands and territories lying to the weftward of the
(purees of the rivers which fall into the fea, from the weft and northweft as afore-
laid; and we do hereby ftriclly forbid, on pain of our difpleafure, all our loving
fubjects from making any purchafes or fettlements whatever, or taking pofTeffion of
any of the lands above referved, without our fpecjal leave and licenfe for that pur*
pofe firft obtained.
And we do further ftriQly enjoin and require all perfons whatever, who have
either wilfully or inadvertently feated themfelves upon any lands within the countries
above defcribed, orupon'any other lands which, not having been ceded to or purcha-
fed by us, are (till referved to the faid Indians as aforefaid3 forthwith to remove
themfelves from fuch fettlements,
And whereas great frauds and abiifes have been committed in the purchafing lands
of the Indians, to the great prejudice of our interefts, and to the great diflatisfaction
of the faid Indians; in order therefore^ to prevent inch irregularities for the future,
and to the end that the Indians may be convinced of our jultice and determined re»
iblution to remove all reafonable caufe of difcontent, we do, with the advice of our
privy council, ftriclly enjoin and require that no private perfon do prefume to make
any purchafe from the laid Indians, of any lands referved to the faid Indians, with-
in thoi'e parts of our colonies where we have thought proper to allow fettlement; bur.
that if at any time any of the laid Indians fhould be inclined to difpofe of the faid
lands, the fame mall be purchafed only for us, in our name, at fome public meeting
or ailemb.lv of the faid Indians, to be held for that purpofe by the governor or com-
mander in chief of our colony refpeclively within which they fhall lie; and in cafe
they (hall lie within the limits of any proprietaries, conformable to fuch directions
and inftructiohs as we or they (hall think proper to give for that purpofe; and we do,
by the advice of our privy council, declare and enjoin, that the trade with the fajcj
APPENDIX. 6fi
Indians fhall be free and open to all our fubje&s whatever, provided that every
perfon who may incline to trade with the faid Indians, do take out a licenfe for carry-
ing on fuch trade, from the governor or commander in chief of any of our colo-
nies refpectively, where fuch perfon fhall refide, and alfo give fecurity to obferve
fuch regulations as we (hall at any time think fit, by ourfelves or commiflaries to
be appointed for this purpofe, to direct and appoint for the benefit of the faid
trade: and we do hereby authorize, enjoin and require the governors and comman-
ders in chief of all our colonies refpectively, as well thofe under our immediate go-
vernment as thofe under the government and direction of proprietaries, to grant
fuch licenfes without fee or reward, taking efpecial care to infert therein a con-
dition that fuch licenfe fhall be void, and the fecurity forfeited, in cafe the perfon
to whom the fame is granted mall refufe or neglect "to obferve fuch regulations as
We fhall think proper as aforefaid.
And we do further exprefsly enjoin and require all officers whatever, as well mili-
tary as thofe employed in the management and direQion of Indian affairs within the
territories referved as aforefaid, for the ufe of the faid Indians, to feize and appre-
hend all perfons whatever, who Handing charged with treafons, mifprifions of trea-
fon, murders or other felonies or mifdemeanors, fhall fiy from juftice and take re-
fuge in the faid territory, and to fend them under a proper guard to the colony
where the crime was committed, of which they mail ftand accufedj in order to
take their trial for the fame.
Given at our court of St. James', the feventh day of October, one ihoufand fe-
"Ven hundred and fixty-three, in the third year of our reign.
GOD SAVE THE KING,
672 APPENDIX.
A
COMMISSION
TO
ttgjrt, of Georgia,
IN JANUARY, 1764;
By which the north boundary of tfie Florida is declared to be the foulh b-oundary t>f
Georgia,
George the Third, by the grace of God of Great-Britain, France and Ireland king,
defender of the faith, and fo forth— ^to ourjrufty and well beloved James Wright,
efq. — Greeting ;
HERE AS we did, by our letters patent under our great feal of Great-Bri-
taju, bearing date at Weftminfter, the fourth day of May, in the firft year
of our reign, conftitute and appoint you the faid James Wright, efq. to be our cap-
tain general and governor in chief in and over our colony of Georgia in America,
lying from the moft northern dream of a river there commonly called Savannah, all
along the fea coaft to the fouthward, unto the moft fou.thern ft ream of a certain other
great water or river called the Alatamaha, ana1 we ft ward from the heads of the faid
rivers refpe6tively in djrefct lines to the South Seas; and of all that fpace, circuit and
precin£t of lands lying within the laid boundaries, with the iflands in the fea lying op-
pofite to the eaftern coaft of the faid lands within twenty leagues of the fame, for
and during our pleafure, as by the faid recited letters patent, relation being thereunto
had, may more fully and at large appear. NOW KNOW YOU, That we have re-
voked and determined, and by thefe prefents do revoke and determine fuch part
and fo much of the faid recited letters patent, and every claufe, article and thing
therein contained, which doth any way relate to or concern the limits and bounds
of our faid province as before described ; And further know you, That we, repofing
efpecial truft and confidence in the prudence, courage and loyalty of you the faid
James Wright, of our efpecial grace, certain knowledge and mere motion, have
thought fit to conftitute and appoint, and by thefe prefents do conftitute and ap-
point you the faid James Wright to be our captain general and governor in chief
in and over our colony of Georgia in America, bounded on the north by the moft
northern ft ream of a river there commonly called Savannah as far as the head of
faid river, and from thence weftward as far as our territories extend j on the eaft
by the fea coaft from the faid river Savannah to the moft font hern ft ream of a cer-
tain other river called St. Mary, including all iflands within twenty leagues of the
coaft lying between the faid river Savannah and St. Mary as far as the head there-
of; and from thence weftward as far as our territories extend by the north boundary
APPENDIX,
o7'3
line of our provinces of Eaft and Weft Florida. And wc do hereby declare, ordain
and appoint, that you the (aid James Wright (hall and may hold, execute and enjoy
the office and place of our captain general, and governor in chief in and over the co-
lony of Georgia, limited and bounded as above defcribed, together with all and fin-
gular the powers and authorities contained in our faid recited letters patent under our
great feal of Great-Britain, bearing date at WeRminfler, the fourth day of May, in
the firft year of our reign, except as are herein excepted, for and during our will and
pieafure. In xvitnefs whereof, We have caufed thefe our letters to be made patent.
Witnefs, ourfelf, at Weftminfter, the twentieth day of January, in the fourth year
of our reign.
By writ of privy feal.
YORK AND YORK.
**********
Stamp.
xi Shills.
**********
**********
Stamf.
xi Shills.
> **
****** ***
********
Stamp.
xi Shills.
***********
J^*********«
Great Seal
of
Great-Britain.
*****#*#******
&U APPENDIX,
DEFINITIVE
<tmty of Brac^
BETWEEN THE
UNITED STATES OF AMERICA
AND
HIS BRITANNIC MAJESTY.
In the Name of the Mojl Holy and Undivided Trinity,
T having pleafed the Divine Providence to difpofe the hearts of the moft ferene
and moft potent prince George the Third, by the grace of" God king of Great-
Britain, France and Ireland, defender of the faith, duke of Brunfwick and Lunen-
burgh, arch-treafurer and prince elector of the Holy Roman Empire, &c. and of the
United States of America, to forget all paft mifunderftandings and differences that
have unhappily interrupted the good correfpondence and friendfhip which they mutu-
ally wifh to reftore, and to eftablifli fuch a beneficial and fatisfaclory intercourfe be-
tween the two countries, upon the ground of reciprocal advantages and mutual
convenience, as may promote and fecure to both perpetual peace and harmony. And
having for this defirable end, already laid the foundation of peace and reconciliation,
by the provifional articles, figned at Paris on the thirtieth of November, one thou-
fand feven hundred and eighty-two, by the commiffioners empowered on each part,
which articles were agreed tobeinferted in, and to conftitute the treaty of peace pro-
pofed to be concluded between the crown of Great-Britain and the faicl United States9
but which treaty was not to be concluded until terms of peace (hall be agreed upon
between Great-Britain and France, and his Britannic majefty mould be ready to con-
clude fuch treaty accordingly. And the treaty between Great-Britain and France,
having fince been concluded, his Britannic majefty and the United States of America,
in order to carry into full effeB the provifional articles above mentioned, accor-
ding to the tenor thereof, have conftituted and appointed, that is to fay: his Britannic
majefty on his part, David Hartley, efq. member of the parliament of Great-
Britain; and the faicl United States on their part, John Adams, efq. late a com-
miilioner of the United States of America, at the court of Verfailles, late delegate in
congrefs from the ftate of MafTachufetts, and chief juftice of the faid ftate, and mi-
nifter plenipotentiary of the faid United States to their high mightinefTes the States ge-
neral of the United Netherlands; Benjamin Franklin, efq. late delegate in congrefs from
the ftate of Pennfylvania^ prehdent of the convention of the faid ftate and minifter
plenipotentiary from the United States of America at the court of Verfailles; John
Jay, efq. late prehdent of congrefs and chief juftice of the ftate of New-York, and
APPENDIX. 675
minifter plenipotentiary from the fald* United States to the court of Madrid, to be the plen-
ipotentiaries for the concluding and figning the prefcnt definitive treaty; who after having
reciprocally communicated their refpeflive full powers, have agreed upon and con-
firmed the following articles.
ARTICLE I.
His Britannic majefty acknowledges the faid United States, viz. New-Hampiliirej
Maffachufetts-Bay, Rhode-Ifland and Providence plantations, Connecticut, New-
York, New-Jerfey, Pennfylvania, Delaware, Maryland, Virginia, North-Carolina,
South-Carolina and Georgia, to be free, fovereign and Independent dates; that he
treats with them as fuch; and for himfelf, his heirs and fucceffors, relinquishes all
claims to the government, proprietary and territorial rights of the fame, and every
Dart thereof.
ARTICLE II.
And that all difputes which might arife in future on the fubjeft of the boundaries of
the faid United States may be prevented, it is hereby agreed and declared, that the
following are, and (hall be their boundaries, viz. From the northweft angle of No-
va Scotia, viz. that angle which is formed by a line drawn due north from
the fource of St. Croix River to the highlands; along the faid highlands which
divide thofe rivers, that empty themfelves into the river St; Lawrence, from thofe
which fall into the Atlantic Ocean, to the northwefternmoft head of Connecticut Ri-
ver, thence down along the middle of that river, to the forty-fifth degree of north
latitude, from thence by a line due Weft en faid latitude, until it ftrikes the river Iro-
quois or Gataraquy ; thence along the middle of faid river into lake Ontario, through
the middle of faid lake until it ftrikes the communication by water between that
lake and lake Erie; thence along the middle of faid communication into lake Erie
through the middle of faid iake until it arrives at the water communication between
that lake and iake Huronj thence along the middle of faid water communication into
the lake Huron, thence through the middle of faid lake to the water communication
between that lake and lake Superior?, thence through lake Superior northward of the
ifles Royal and Philipeaux,to the Long Lake, thence through the middle of faid Long
Lake, and -the water communication between it and the lake of the Woods, to the faid
lake of the Woodsy thence through the faid lake to the m oft ncrthweftern point
thereof, and from thence on a due weft courfe to the river Miffifinpi; thence by
a line to be drawn along the middle of the faid river Mifunppi until it fhall inter feci the
northernmoft part of the thirty-firft degree cf north latitude. South by a line to be
drawn due eaft from the determination of the line laft mentioned, in the latitude of
thirty-one degrees north of the equator, to the middle of the river Appalachicola or
Catahouchee; thence along the middle thereof to its junction with the Flint River;
thence ftraight to the head of St. Mary's River; and thence down along the middle
of St. Mary's River tb the Atlantic Ocean. Eaft by a line to be drawn along the
middle of the river St. Croix, from its mouth in the bay of Fundy to its fource;
and from its fource direBly north, to the aforefaid highlands which divide the rivers
that fall into the Atlantic Ocean from thofe which fall into the river St. Lawrence;
comprehending all iflands within twenty leagues of any part of the ihores of the Uni-
ted States, and lying between lines to be drawn due eaft from the points where the
aforefaid boundaries between Nova Scotia on the one part, and Eaft Florida on the
'other, (hall refpeclively touch the bay of Fundy and the Atlantic Ocean; excepting
%
6,;-) APPENDIX.
fuch iflands as now are or heretofore have been within the limits .of the faid province
of Nova Scotia.
ARTICLE III.
It is agreed that the people of the United States fhall continue to enjoy unmoleft-
ed the right to take fifth cA every kind on the Grand Bank, and on all the other banks
of Newfoundland ; alfo in the gulph of St. Lawrence, and at all other places in the
•fea, where the inhabitants of both countries ufed at any time heretofore to fifth ; and alfo that
the inhabitants of the United States fhall have liberty to take fifth of every kind on fuch
part of the coaft of Newfoundland as Britifh fifhermen fhall ufe, (but not to dry or
cure the fame on that ifland :) and alfo on the coafts, bays and creeks of all other of
his Britannic ma j city's dominions in America, and that the American fifhermen (hall
have liberty to dry and cure fifth in any of the un fettled bays, harbors and creeks of
Nova Scotia, Magdalen Iflands and Labrador, fo long as the fame (hall remain
unfejtlled ; but fo loon as the fame or either of them (hall be fettled, it (hall not be
lawful for the faid fifhermen to dry or cure fifth at fuch fettlement, without a previous
agreement for that purpofe with the inhabitants, proprietors or pofieftors of the
ground.
ARTICLE IV,
It is agreed that creditors on either fide, (hall meet with no lawful impediment to
the recovery of the full value in (terling money, of all bonaf.de debts heretofore con-
tracted.
ARTICLE V.
ft is agreed that the congrefs fhall earneftly recommend it to the legiflatures of the
refp.ee) iveftates to provide for the restitution of all eftates, rights and properties,
which have been confifcated, belonging to real Britifh fubje&s, and alfo of the ef-
tates, rights and properties of perfons refident in diftrievts in the poffeffion of his ma-
jefty's arms, and who have not borne arms againft the faid United States. And that
perfons of any other defcription fhall have free liberty to go to any part or parts of
any of the thirteen United States, and therein to remain twelve months, uhmolefted
in their endeavors to obtain the reftkution of fuch of their eftates, rights and prop-
erties, as may have been confifcated ; and that congrefsfhail alfo earneftly re'eommend
•othefeveral (tatesare-confideration and revifton of all acts or laws regarding the premi-
fes, fo as to render the faid laws or afts perfectly confident not only with juftice and
equity, but with that fpirit of conciliation, which on the return of the bleffings of
peace (hould univerfally prevail And that congrefsfhail alfo earneftly recommend
to the feveral Mates, that the eftates, rights and properties of fuch laft mentioned per-
fons (hall be reftored to them, they refunding to any perfons who may be now in pof-
feffion, the bona fide price (where any has been given) which fuch perfons may have
paid on purchafing any of the faid lands, rights or properties, fince the confifcation.
And itis agreed, that all perfons who have any intereft in confifcated lands, either by
debts, marriage fettlements or othcrwife, fhall meet with no lawful impediment in the
profecution of their juft rights.
ARTICLE VI,
That there fhall be no future confifcations made, nor any profecutions commen-
ced againft any perfon or perfons for, or by reafon of the part which he or they may
APPENDIX, 677
have taken in the prefent war; and that no perfon mail, on that account fafFer any-
future lofs or damage., either in his perfon, liberty or property; and that thofe who
may be in confinement on fuch charges, at the time of the ratification of the treaty
in America, fhall be immediately fet at liberty, and the profecutions fo commenced be
discontinued.
ARTICLE VII.
There fhaH be a firm and perpetual peace between his Britannic majelfy and the faid
(fates, and between the fubjecls of the one and the citizens of the other, wherefore
all hostilities, both by fea and land, fhall from henceforth ceafe; all prifoners on both
fides fhall be fet at liberty, and his Britannic majefty fhall, with all convenient fpeed5
and without caufing any deftrufction, or carrying away any negroes or other proper-
ty of the American inhabitants, withdraw all his armies, garrifons and fleets from the
faid United States, and from every poft, place and harbor within the fame j leaving
in all fortifications the American artillery that may be therein; and (hall alfo order
andcaufe all archives, records, deeds and papers, belonging to any of the faid dates
or their citizens, which in the courfe of the war may have fallen into the hands or
his officers, to be forthwith reffored and delivered to the proper ftates and perfons to
whom they belong.
ARTICLE VIII.
The navigation of the river Miffifippi, from its fource to the ocean, fhall forever
remain free and open to the fubjecls cf Great-Britain and the citizens of the United
States,
ARTICLE IX.
In cafe it mould fo happen that any place or territory belonging to Great-Britain
or to the United States fhould have been conquered by the arms of either from the
other before the arrival of the faid provifional articles 1:1 America, it is agreed that
the fame fhall be reffored without difficulty, and without requiring any compenfation,
ARTICLE X.
T3)e folemn ratifications of the prefent treaty, expedited in good and due form,
fhall be exchanged between the contracting parties in the fpace of fix months, or
fooner if poffible, to be computed from the day of the fignature of the prefent trea-
ty. In witnefs zuhereof, We, the underfigned, their miniflers plenipotentiary, have
in their name, and in virtue of our full powers, figned with our hands the prefent
definitive treaty, and caufed the feals of our arms to°be affixed thereto,
Done at Paris, this third day of September, in the year of our Lord one thou-
sand fev-en hundred and eighty-three.
D. HARTLEY, (L. S.)
JOHN ADAMS, (Z. S.)
B. FRANKLIN, (Z. S.)
JOHN JAY. (Z, S.)
S78 APPENDIX.
TREATY
OF
Jrienti^ip, Limits attti ^afolgatiot
BETWEEN THE
UNITED STATES OF AMERICA
AND TttE
KING OF SPAIN,
IS Catholic majefty and the United States of America, defiring to confolidat^
on a permanent bafis, the friendfhip and good correfpondence which happily
prevail between the two parts, have determined to eftablifb by convention, feveral
points, the fettlement whereof will be productive of general advantage and recipro-
cal utility to both nations.
With this intention,- his ttioft Catholic majefty has appointed the rnof! excellent
lord, Don Manuel de Godoy and Alvarez de Faria, Rios, Sanchez^ Zarzoza,
prince de la Paz, duke de ia Alcudia lord of the Soto de Rona, and of the ftate of
Albala, Grandee of Spain of the firft clafs, perpetual regidor of the city of Santi-
ago, knight of the illuftrious order of the Golden Fleece, and great crofs of the
royal and diftinguifhed Spanifh order of Charles the Third commander of Valencia,
Del Ventozo, Rivera and Acenchal in that of Santiago; knight and great crofs of
the religious order of St. John; counfellor of ftate; firft fecretary of ftate and def-
pacho; fecretary to the queen; fuperintendent general of the pofts and highways;
protector of the Royal Academy of the noble arts, and of the royal focieties of natural
hiftory, botany, chymiftry, and aftronomy; gentlemen of the king's chamber in
employment; captain general of his armies; infpector and major of the royal corps
of body guards, &c. &c. &c. and the prefident of the United States, with the ad-
vice and confent of their Senate, has appointed Thomas Pinckney, a citizen of the
United States, and their envoy extraordinary to his Catholic majefty. And the
faid plenipotentiaries have agreed upon and concluded the following articles:
ARTICLE I,
There fhall be a firm and inviolable peace and fincere friendfhip between hia
Catholic majefty, his fneceilors and fubjecls, and the United States and their tiifr
»ons3 without exception of perfons or places,
APPENDIX, €y9
ARTICLE II.
To prevent all difputes on the fubject of the boundaries which feparate the terri-
tories of the two high contracting parties, it is hereby declared and agreed as follows,
to wit: The fouthern boundary of the United States, which divides their territory
from the Spanifh colonies of Eaft and Weft Florida, mall be defignated by a line
beginning on the river Miffifippi, at the nothernmoft part of the thirty-firft degree
of latitude north of the equator, which from thence mail be drawn due eaft to the
middle of the river Appalachicola, or Catahouchee, thence along the middle thereof
to its junction with the Flint: thence ftraight to the head of St. Mary's River, and
thence down the middle thereof to the Atlantic Ocean. And it is agreed, that
if there mould be any troops, garrifons or fettlements of either party, in the terri-
tory of the other, according to the above meniioned boundaries, they (hall be with-
drawn from the faid territory within the term of fix months after the ratifications of
this treaty, or fooner if it be pofhble; and that they mall be permitted to take with
them all the goods and effects which they poffefs.
ARTICLE III.
In order to carry the preceding article into efie£t, one cornmiffioner and one fur*
veyor fhall be appointed by each of the contracting parties, who mail meet at the
Natches, on the left fide of the river Miffifippi, before the expiration of fix months
from the ratification of this convention, and they fhall proceed to run and mark
this boundary according to the ftipulations of the faid article. They fhall make
plats and keep journals of their proceedings, which fhall be confidered as part of
this convention, and fhall have the fame force as if they were inferted therein. And
if on any account it fhould be found neceflary that the faid commiflioners and fur-
veyors fhould be accompanied by guards, they fhall be furnifhed in equal propor-
tions by the commanding officer of his majefty's troops in the two Floridas, and
the commanding officer of the troops of the U'nited States in their fouthweftern ter-
ritory, who fhall act by common confent, and amicably, as well with refpect to this
point as to the furnifhing of provifions and instruments, and making every other
arrangement which may be neceflary or ufeful for the execution of this article.
ARTICLE IV,
It is likewife agreed that the weftern boundary of the United States which fepa-
rate them from the Spanifh colony of Louifiana, is in the middle of the channel or
bed of the river Miffifippi, from the northern boundary of the faid Mates to the
completion of the thirty-firft degree of latitude north of the equator. And his
Catholic majefty has likewife agreed that the navigation of the faid river, in its whole
bieadth from its fource to the Ocean, fhall be free only to his fubjects and the citi-
zens of the United States, unlefs he fhould extend this privilege to the fubiects of
other powers by fpecial convention.
ARTICLE V.
The two high contracting parties fhall, by all the means in their power, maintain
peace and harmony among the feveral Indian nations who inhabit the country adja-
cent to the lines and rivers which, by the preceding articles, form the two Floridas.
And the better to obtain this effect, both parties oblige themfelves exprefsly to reftrain
by force all hoftilities on the part of the Indian nations living within their boundary.
So that Spain will not ruffe r her Indians to attack the citizens of the United States^ nor
APPENDIX.
the Indians inhabiting their territory; nor will the United States permit thefe laft meii-
tioned Indians to commence hoftilities a gain ft the fubjects of his Catholic majefty 01
his Indians in any manner whatever.
And whereas feveral treaties of friendfhip cxift between the two contracting parties
and the faid nations of Indians, it is hereby agreed, that in future no treaty of alliance
or other whatever (except treaties of peace) fhall be made by either party with the In-
dians living within the boundary of the other; but both parties will endeavor to
make the advantages of the Indian trade common and mutually beneficial to their re-
fpective fubjects and citizens, obferving in all things the mod complete reciprocity, fo
that both parties may obtain the "dvantages arifing from a good understanding with the
faid nations, without being fubjeci to the expence which they have hitherto occafioned*
ARTICLE VI.
Each party fhall endeavor, by all means in their power, to protect and defend all
veffels and other effects belonging to the citizens or fubjeOs of the other, which fhall
be within the extent of their jurifdiction, by fea or by land; and (hall ufe all their ef-
forts to recover andcaufe to be reftored to the right owners, their veffels and effects
which may have been taken from them within the extent of their faid jurifdiction,
whether they are at war or not with the power whofe fubjects have taken pofTelFion
of the faid effects.
ARTICLE VII.
And it is agreed that the fubjects or citizens of each of the contracting parties,
their veffels or effects, mall not be liable to any embargo or detention on the part
of the other, for any military expedition or other public or private purpofe what-
ever. And in all cafes of feizure, detention or arreft for debts contracled, or of-
fences committed by any citizen or ibbject of the one party within the jurifdiction of
the other, the fame fiiall be made and proiecuted by order and authority of law on-
ly, and according to the regular courfe of proceedings ufual in fuch cafes. The ci-
tizens and fubjects of both parties fhall be allowed to employ fuch advocates, folicit-
ors, notaries, agents and factors, as they may judge proper, in all their affairs and in
all their trials at law, in which they may be concerned before the tribunals of the
other party; and fuch agents fhall have freeaccefsto beprefent at the proceedings in
fuch caufes, and at the taking of ail examinations and evidence which may, be exhi-
bited in the faid trials,
ARTICLE VIII.
In cafe the fubjects and inhabitants of either party, with their {hipping, whether pub-
lic and of war, or private and of merchants, be forced, through ilrefs of weather, pur-
suit of pirates or enemies, or any other urgent necefiity, for feeking of fhelter and
harbor, to retreat and enter into any of the rivers, bays, roads or ports, belonging
to the other party, they fhall be received and treated with all humanity, and enjoy
al! favor, protection and help, and they (hall be permitted to refrefh and provide
themfelvesatreafonablerai.es, with victuals and all things needful for the fu lie nance
of their perfons, or reparation of their (hips and pro fecu Lion of their voyage; and
they fiiall no ways be hindered from returning out of the faid ports or roads, but may
remove and depart when and whither they pleafe, without any let or binderance.
APPENDIX- " 681
ARTICLE IX.
All mips and merchandize of what nature foever, which mail be refcued out of
the hands of any pirates or robbers on the high leas, fhall be brought into fome port
of either ftate, and {hall be delivered to the cuftody of the officers of that port, in
order to be taken care of and reftored entire to the true proprietor, as foon as due
and fufBcient proof {hall be made concerning the property thereof.
ARTICLE X.
When any veffel of either party fhall be wrecked, foundered, or otherwife dama-
ged, on the coafts or within the dominion of the other, their refpe8ive fubjecls or
citizens fhall receive, as well for themfelves as for their veffels and effects, the fame
affiftance which would be due to the inhabitants of the country where the damage
happens, and fhall pay the fame charges and dues- only as the faid inhabitants would
be fubieft to pay in a like cafe. And if the operations of repair would require that
the whole, or any part of the cargo be unladen, they mail pav no duties, charges 01
fees on the part which they fhall relade and carry away.
ARTICLE XI.
The citizens and fubjeBs of each party fhall have power to difpofe of their perfon-
al goods within the jurisdiction of the other, by teftament, donation or otherwife, ana
their reprefentatives, being fubje£ts or citizens of the other party, fhall fucceed to their
faid perfonal goods, whether by teftament or ab inteftata, and they may take pofieffion
thereof, either by themfelves or others acting for them, and difpofe of the fame at their
will, paying fuch dues only as the inhabitants of the country wherein the faid goods are3
mall be fubjecl to pay in like cafes:
And in cafe of the abfence of the reprefentative, fuch care fhall be taken of the faid
goods, as would be taken of the goods of a native in fclke cafe, until the lawful owner
may take meafures for receiving them.
And if queftions fhall arife among feveral claimants to which of them the faid goods
belong, the fame fhall be decided finally by the laws and judges of the land wherein
the faid goods are. And where, on the death of any perfon, holding real eftate within
the territories of the one party, fuch real eftate would, by the laws of the land, defcend
on a citizen or fubjecl of the other, were he not difqualified by being an alien, fuch fub-
jeel fhall be allowed a reafonable time to fell the fame, and to withdraw the proceeds
without moleftation, and exempt from all rights of detraclion on the part of the gov-
ernment of the refpeftive ftates.
ARTICLE XII.
The merchant fhips of either of the parties which fhall be making into a port be-
longing to the enemy of the other, and concerning whofe voyage and the; fpecies o!
goods on board her, there fhall be juft grounds of fufpicion, (hall be obliged to ex-
hibit as well upon the high feas as in the ports and havens, not only her paffports, but
likewife certificates, exprefsly fhewing that her goods are not of the number, of tbofe
which have been prohibited as contraband.
4R
682 'APPENDIX.
ARTICLE XIII.
For the better promoting of commerce on both fides, it is agreed. That if a war
(frail break out between the faid two nations, one year after the proclamation of war
mall be allowed to the merchants, in the cities and towns where they mail live, for col-
lecting and tranfporting their goods and merchandizes : And if any thing be taken
from them, or any injury be done them within that term, by either party, or the peo-
ple or fubjefts of either, full fatisfaction fhall be made for the fame by the government.
ARTICLE XIV.
No fubjeft: of his Catholic majefty fhall apply for or take any commiffion or let-
ters of marque for arming any fhip or fhips to aft: as privateers againft the faid Uni-
ted States, or againft the citizens, people or inhabitants of the faid United States,
or againft the property of any of the inhabitants of any of them, from any prince or
ftate with which the faid United States fhall be at war.
Nor fhall any citizen, fubjeft: or inhabitant of the faid United States apply for of
take any commiffion or letters of marque for arming any fhip or (hips to act as pri*
vateers againft the fubjefts of his Catholic majefty, or the property of any of thems
from any prince or ftate with which the faid king fhall be at war. And if any perfoii
of either nation fhall take fuch commiffions or letters of marque, he fhall bepuniflied
as a pirate.
ARTICLE XV.
It fhall be lawful for all and fingular the fubjefts of his Catholic majefty, and the
citizens, people and inhabitants of the faid United States, to fail with their fhips
with all manner of liberty and fecurity, no diftinftion being made who are the pro-
prietors of the merchandizes laden thereon, from any port to the places of thofe
who now are, or hereafter fhall be at enmity with his Catholic majefty or the United
States. Jt fhall be likewife lawful for the fubjefts and inhabitants aforefaid, to fail
with the fhips and merchandizes aforementioned, and to trade with the fame liberty
and fecurity from the places, ports and havens of thofe who are enemies to bath or
either party without any opposition whatfoever; not only directly from the places of
the enemy aforementioned to neutral places, but alfo from one place belonging to an
enemy to another place belonging to1 an enemy, whether they be under the jurifdic-
tion of the fame prince or under feveral ; and it is hereby ftipulated, that free fhips
mall alfo give freedom to goods, and that every thing fhall be deemed free and ex-
empt which fhall be found on board the fhips belonging to the fubjefts of either of the
contracting parties, although the whole landing or any part thereof mould appertain
to the enemies of either : Contraband goods being always excepted. It is alfo agreed,
that the fame liberty be extended to perfons who are on board a free fhip, fo that al-
though they be enemies to either party, they (hall not be made prifoners or taken out
of that free ihip, unlefs they are foldiers and in actual fervice of the enemies,
ARTICLE XVI.
This liberty of navigation and commerce fhall extend to all kinds of merchandizes,
excepting thofe only, which are diftinguiihed by the name of contraband : And un-
der this name of contraband or prohibited goods, fhall be comprehended arms, great
guns, bombs with the fufees and the other things belonging to them, cannon-ball, gun-
powder, match, pikes, fwords, lances, fpears, halberds, mortars, petards, grenadesj
APPENDIX, 683
faltpetre, muflvets, mufket-balls, bucklers, helmets, biseaiT. -plates, coats of mail and the
like kinds of arms proper for arming foldiers, mufket-refts, belts, horfes with their
furniture and all other warlike inftruments whatever. Thefe merchandizes which
follow, fhall not be reckoned among contraband or prohibited goods : That is to fay,
all forts of cloths, ancl all other manufactures woven of any wool, flax, filk, cotton
or any other materials whatever; all kind of wearing apparel^ together with all fpe-
cies whereof they are ufed to be made; gold and filver, as well coined as uncoined,
tin, iron, latten, copper, brafs, coals; as alfo wheat, barley and oats, and any
other kind of corn and pulfe; tobacco, and likewife all manner of fpices, falted and
fmoked flefh, falted fifth, cheefe and butter, beer, oils, wines, fugars, and all forts
of faks: And in genera^ all provifions which ferve for the fuflenance of life: Fur-
thermore, all kinds of cotton, hemp, flax, tar, pitch, ropes, cables, fails, fail-
cloths, anchors, and any parts of anchors, alfc fbips' marts, planks and wood of all
kind, and all other things proper either for building or repairing (hips, and all other
goods whatever, which have not been worked into the form of any inftrument prepa-
red for war, by land or by fea, fhall not be reputed contraband, much lefs, fuch as have
been already wroughtandmade up for any other ufe; all which {hall be wholly reckoned
among free goods: As likewife all other merchandizes and things which are not com-
prehended and particularly mentioned in the foregoing enumeration of contraband
goods j So that they may betranfported and carried in the freed manner by the fubjeds
of both parties, even to places belonging to an enemy, fuch towns or places being only
excepted, as are at that time befieged, blocked up, or inverted. And except the
cafes in which any fliip of war, or fquadron mail, in confequence of dorms or other
accidents at fea, be under the neceffity of taking the cargo of any trading veiTel
or veffels, in which cafe they may flop the faid veffel or veffels, and furnifli them-
felves with neceffaries, giving a receipt, in order that the power to whom the faid {hip
of war belongs may pay for the articles fo taken, according to the price thereof
at the port to which they may appear to have been deflined by the (hip's papers; and
the two contracting parties, engage that the veffels fhall not be detained longer than
may be abfolutely necefTary for their faid fhips to fupply themfelves with neceffaries.
That they will immediately pay the value of the receipts, and indemnify the propri-
etor for all loffes which he may have fuftained in confequence of fuch tranfaction.
ARTICLE XVIL
To the end that all manner of diffenfions and quarrels may be avoided and preven-
ted on one fide and the other, it is agreed, that in cafe either of the parties hereto,
fhould be engaged in war, the fhips and veffels belonging to the fubjects or people
of the other party muff be furnifhed with fea-letters or paffports, expreffing the
name, property and bulk of the fhip, as alfo the name and place of habitation of the
mafter or commander of the faid fhip, that it may appear thereby, that the fliip really
and truly belongs to the fubjecls of one of the parties, which paflport fhall be made
out and granted according to the form annexed to this treaty. They fhall likewife
be recalled every year, that is, if the fhip happens to return hoiiig within the fpace
of a year.
It is likewife agreed, that fuch fhips being laden, are to be provided not only
with paffports as abovementioned, but alfo with certificates, containing the feveral
particulars of the cargo, the place whence the fhip failed, that fo it may be known
whether any forbidden or contraband goods be on board the fame; which certify
68i APPENDIX.
cates fhall be made out by the officers of the place whence the fhip failed in the ac-
cuflomed form : And if any one ihall think it fit or advifable to exprefs in the faid
certificates, the perfon to whom the goods on board belong, he may freely do fo:
Without which requisites they may be lent to one of the ports of the other con-
tracting party, and adjudged by the competent tribunal, according to what is above
fet forth, that all the circumftances of this omiflion having been well examined, they
fhall be adjudged to be legal prizes, unlefs they fhall give legal fatisfa&ion of their
property by teftimony entirely equivalent.
ARTICE XVIII.
If the fhips of the faid fubjecis, people or inhabitants of either of the parties,
lhall be met with either failing along the coaft or on the high feas, by any fhip of
war of the other, or by any privateer, the faid fhip of war or privateer for the
avoiding of any diforder, fhall remain out of cannon mot, and may fend their boats
aboard the merchant fhip, which they fhall fo meet with, and may enter her to the
number of two or three men only, to whom the mailer or commander of fuch fhip
or veffel mall exhibit his paffports, concerning the property of the fhip, made out
according to the form inferted in this prefent treaty, and the fhip, when fhe fhall
have fhewed fuch pafTport, fhall be free and at liberty to purfue her voyage, fo as it
ihall not be lawful to mo. left or give her chafe in any manner, or force her to quit
her intended courfe,
ARTICLE XIX.
Confute mail be reciprocally eftablifhed with the privileges and powers which
thofe of the mofl favored nations enjoy, in the ports where their confuls refide or
Are permitted to be,
ARTICLE XX.
It is alio agreed that the inhabitants of the territories of each party fhall refpe&ively
have free accefs to the courts of jufiiceof the other, and they fhall be permitted to
profecute fuits for the recovery of their properties, the payment of their debts, and
for obtaining fatisfaftion for the damages which they may have had fuftained, whe-
ther the perlbns whom they may fue be fubjefts or citizens of the country in which
they may be found, or any other perfons whatfoever, who may have taken refuge
therein; and the proceedings and fentences of the faid courts fhall be the fame as if
the contending parties had been fubjefts or citizens of the faid country.
ARTICLE XXI.
In order to terminate all differences on account of the loffes fuftained by the citi-
zens of the United States, in confequence of their veffels and cargoes having been
taken by the fubje&s of his Catholic majefty, during the late war between Spain
and France, it is agreed that all fuch cafes fhall be referred to the final decifion of
commiffioners to be appointed in the following manner: His Catholic majefty, fhall
name one commifisoner, and the prefidentof the United States, by and with the advice
and confent of their Senate, fhall appoint another, and the faid two commiffioners fhall
agree on the choice of the third, or if they cannot agree fo, they mail each propofe
one perfon, and of the two names fo propofed, one fhall be drawn by lot in the
prefence of the two original commiffioners, and the perfon whofe name fhall be fo
drawn, fhall be the third commiffioner: and the three commiffioners fo appointed
fhall be fworn impartially to examine and decide the claims in quefcion, according to
APPENDIX. 685
f.he merits of the feveral cafes, and to juftice, equity and the laws of nations. The
faid commiffioners fhall meet and fit at Philadelphia, and in the cafe of the death,
ficknefs or neceffary abfence of any fuch commiffioner, his place fhall be fupplied
in the fame manner as he was firft appointed, and the new commiffioner fhall take
the fame oaths and do the fame duties. They fhall receive all complaints and appli-
cations authorized by this article, during eighteen months from the day on which they
fhall afiemble. They mall have power to examine all fuch perfons as come before
them on oath or affirmation, touching the complaints in queftion, and alfo to receive
in evidence all written teftimony, authenticated in fuch manner as they fhall think
proper to require or admit. The award of the faid commiffioners or any two of
them, fhall be final and conclufive, both as to the juftice of the claim and the
amount of the fum to be paid to the claimants, and his Catholic majefty undertakes
to caufe the fame to be paid in fpecie, without deduction, at fuch times and places3
and under fuch conditions as fhall be awarded by the faid commiffioners.
ARTICLE XXII,
The two high contracting parties hoping that the good correfpondence and friend-
fhip which happily reigns between them, will be further increafed by this treaty, and
that it wi!l contribute to augment their profperity and opulence, will in future give to
their mutual commerce all the extenfion and favor which the advantages of both
countries may require.
And in confequence of the flipulations contained in the fourth article, his Catholic
majefty will permit the citizens of the United States, for the fpace of three years
from this time, to depofit their merchandizes and efFe&s in the port of New-Orleans,
and to export them from thence without paying any other duty than a fair price for
the hire of the ftores, and his majefty promifes either to continue this permiffion if
he finds during that time that it is not prejudicial to the interefts of Spain, or if he
fhould not agree to continue it there, he will affign to them on another part of the
banks of the Miffifippi, an equivalent eftablifh merit,
ARTICLE XXIII.
The prefent treaty fhall not be in force until ratified by the contracting parties, and
the ratifications fhall be exchanged in fix months from this time, or fooner if pof-
fible.
In wknefs whereof, we the underwritten plenipotentiaries of his Catholic majefty
and the United States of America, have figned this prefent treaty of friendfhip, limits
and navigation, and have thereunto affixed our feals refpeclively.
Done at San Lorenzo el Real, this feven and twentieth day of OBober one thou-
sand feven hundred and ninety-five.
THOMAS PINCKNEY. (L. S.)
EL PRINCIPE DE LA PAZ, (X. S.)
g'Hg^ffgy ji 'V^^^^^fiftsp
ACADEMY OR FREE SCHOOL, Page
To be eftablifhed in every county 12
One thoufand acres of land to be granted each county for that ufe 134
Each county may purchafe one thoufand pounds worth of confifcated property 99
Eftablifhed in Chatham county 564
Five thoufand acres of land to be granted for that feminary ibid
In Sunbury, in the county of Liberty 566
In Louifville, in the county of Jefferfon 567
In Augufta, in the county of Richmond, and endowed with the money arifmg from the town lots 132
In the county of Burke, endowed with two thoufand acres of land 134
In the county of Wilkes ibid
See univerfity.
ACCOUNTS, PUBLIC,
To be kept in dollars, difmes, cents and mills - 33
Open accounts not to bear interefl 300
ACTIONS,
Limitation of 33
Certain length of time taken out 36
Not to affeft Sir William Baker ibid
Nor infants, feme-coverts, idiots. Sec, 33
Abatement of 295
ADMINISTRATOR, *x3
See Executor.
ADULTERY AND FORNICATION,
How to be punifhed 43
AFFIRMATION. m
ALIENS, RIGHT OF 38
When liable to militia duty 357
AMERCEMENT, 1St 78
See Confutation and Amercement,
APPEAL
from inferior courts 30O
From the luperior courts to a fpecial juVy ftid
INDEX.
Page
Allowed executors and adminiftrators without fecurity sqo
From caveat courts to the executive department 332, 328
From the court of ordinary to the fuperior court 28
From thejuflices of the peace to a jury of five men 288
542
ARTICLES
Of confederation
Specific, mode of eftimating their value * \q
Shall bear interefl; jbi4
ARTS AND SCIENCES
To be promoted 5 1
ATTACHMENT
Againft the eftates of abfent debtors* ««
Againft witneffes for non-attendance 298
ATTORNEY,
Admiffion of '41
When liable to coils 500
General and folicitor general 28
To have falaries adequate to their fervices ibid
Their duty 300
Letters of, from other Hates, how to be proves 116
Sales by attorney or agent ibid
AUDITORj
How to fettle doubtful cafes 05
To liquidate the claims of the Sate troops jfgj
AUGUSTA, TOWN OF,
The vacant land above and below added ar,d laid into lots isj,
Tot holders to improve them jbic.
Commiffioners appointed for the town and academy 1 . (,. i%2, 1 34
Shall account yearly with the executive j 3 a
Shall erect an academy with the money arifing from the fale of the Lots in the town
of Augufta jbid
Shall convey the lots by them fold j »:
Shall referve one lot for a church and ten for public ufes ibid
Shall referve two lots for public worfhip 32c
Shall make Green e-ftreet uniform 126
Shall make Broad-ftreet uniform 135
May leafe out the common 1 54.
May lay out lots at the lower end and fouth fide of the town 135
May eftablifh a lottery to erect a pier s 0
Invefted with the powers of the corporation of Savannah 1 35
The ferry under their direction 133, 240
Two new members added 135
Additional truftees appointed 136
Their number not to be increafed 127
The town incorporated and ftyled city 137
Court-houfe and jail therein 364
Commiffioners of the court-houfe and jai! appointed ibid
Others appointed 1 24
Vendue-mafter at HI0* 572
Fire company at 242
Mechanical Society incorporated 147
Piers to be built by lottery 136
INDEX,
689
AWARD
Of arbitrators may be entered up as a judgment
BAIL
In civil cafes
In criminal cafes
May be required to juflify
An a£l to reftrain and punim
In Chatham county, eftablifhed
See Univerfity.
See Conveyances.
An aft to reftrain and punifh.
BASTARDY,
BETHESDA COLLEGE^
BILLS OF SALES,
BITING AND GOUGING,
BONDS, NOTES AND OTHER SPECIALTIES,
How to fee proven
To be denied on oath
Negotiable
See Land*
BOUNTY OF LAND TO OFFICERS AND SOLDIERS
BOUNDARY OF THE STATE OF GEORGIA,
D eclaration of
Differences fettled with South-Carolina by the ratification of the convention at Beaufort
BRANDS AND MARKS
To be recorded
BRIDGES,
Public, under the direction of the inferior courts
See Roads.
Toll, over Great Ogechee, veiled in James Gunn and Wade Hampton
Proprietors to repair the bridge, or the commiffioners will do it
Expence to be paid by the proprietors, or execution may iffue
Over Little River and other ftreams
Repealed, except Little River and Beaver Dam
Over Ogechee, veiled in Stephen Powell
Over faid flream, veiled in Jofeph Bryan
Over Ebenezer Creek, veiled in John King
BRUNSWICK AND FREDERICA, TOWNS OF,
Commifiioners of, appointed
Their powers refpedling a refurvey and fale of lots
The money applied to build an academy in Glynn county
They may leafe the town common
BRYAN COUNTY
Laid out and defined
A new county laid out of this and Scriven
Part of Effingham added to it.
4S
24>
Page
301
275, 296
25S
2 57
SH
in
4$
116
29;
299
333
328, 584
337
34:
4°S
44> 49
409
ibid
46
ibid
ibid
47
48
158
159, 160
ibid
167
169
INDEX.
Public buildings made permanent 174,
Commiflioners of the academy may cut a canal from Alligator Swamp to'Brunfwick, and take toll 49
May fell confifcated property ibid
Glebe land may be leafed by the inferior court 160
BULLOCK COUNTY
Laid out — its boundary defined 169
Court-houfe and jail made permanent 17^, 177
CommifiioHers of, to clear out Ogechee River ' 370
BURKE COUNTY
Laid out and defined 6, 151
Waynefborough the feat of the public buildings 134
Commiflioners empowered to fell lots in the faid town . ibid
Money arifing therefrom to fupport an academy ibid
Scriven county laid out of this and Effingham county 165
JefFerfon laid out of this and Warren county 1 69
Inferior court of, empowered to fell the glebe land 161
CAMDEN COUNTY,
Court-houfe and jail to be at St. Mary's 161
To be at JefFerfon 162
CANALS,
From the Alatamaha to Brunfwick 49 to 50
From the Alatamaha to Turtle River 5 1
From Hampton River to Racoon Point ibid
CATTLE,
Punifhment for unlawfully branding, marking and ftealing of 52
Horfes, cattle, &c. for exportation, muit be tolled and avouched ibid
Juftices of the peace to be toll-mailers 53
Stolen, tolled, how recovered ibid
Sales of cattle and horfes, how to be made 52 to 57
Wild, how difpofed of 54
Infpedion of, eltablilhed in Camden county 56
CAVEAT,
How tried 324
Appeal to the governor 309, 332, 338
CEDED LANDS 601
CENSUS OR ENUMERATION 21
CERTIFICATES
To be renewed and funded . 92
Form thereof ibid
New certificates to be iflued in lieu of the old 183
Old ones to be barred in two years 1 84
CHARTER OF INCORPORATION
Granted to the Univerfity of Georgia 560
To Bethefda College 566
To the city of Savannah 121, 123
To the city of Augufta 137
To the Kioka Anabaptift Church 143
To the Epifcopal Church at Savannah 144
To the Congregational Church at Midway ibid
INDEX, C91
Page
To the Union Society 142
To the Mechanical Society at Savannah 146
To the Mechanical Society at Augufta 147
To the Grand Lodge of Georgia 148
To the Augufta Meeting Houfe 136
To the Midway and Newport Library Society 149
To the Union Society in Greene county ibid
May be granted by the governor to religious focieties 145
CHATHAM COUNTY
Laid out and defined 6, 151
Court-houfe and jail to be in Savannah 153
Mayor and aldermen commiflioners of court-houfe 172
Academy, truftees appointed for 564
Bryan county laid out of this 167
CITIZENSHIP,
Certain perfons admitted to 58, 74
CLAIMS
To property under execution 301
CLERKS
Of courts, how to be appointed 201, 202
To ferve during good behaviour 29, 201
Their oath and duty 302
May be clerks of both courts ibid
Shall give bond and fecurity ibid
Their fees in civil and criminal cafes 23 1
Of the Houfe of Reprefentatives' fees 232
COIN,
An aft to punifn the clipping of 59
Counterfeiting of, punifhed with death 245
COLUMBIA COUNTY
Laid out and defined 163
Seat of the public buildings made permanent 172
Academy eftablifhed near the court-houfe ibid
COMPTROLLER GENERAL
His powers and duty 183, 184
CONFISCATION AND AMERCEMENT
AAs of, recommended by congrefs 63
Perfons named therein, attainted and banifhed, and their eftates confiscated 64, 83, 85
Perfons entitled to the rights of citizenfhip, on certain conditions 74
A board of truftees appointed 64
Their duty — empowered to fend for perfons, books and papers 65
Creditors to fuch eftates, to lay their claims before the board ibid
Sheriffs, &c. to execute their orders and decrees 66
The board may commit to jail, in certain cafes ibid
Perfons indebted to faid eftates, to difcover the amount 99
May pay the fame in paper money ibid
The board fliall fettle fuch eftates, on certain conditions 67
Bonds taken to be recorded . 68
Claims againft fuch eftates to be liquidated by the auditor or board 85, 94
INDEX.
The board to fell real eftates — Terms of fale 69, 73, 86
And make legal conveyances to the purchafers 69, 73, 87
The flate (hall warrant all fuch titles 78, 88
The hoard to give bond and fecurity, and be fworn 70
Shall pay all monies into the treafury ibid
Which is appropriated to the defence of the country 71
Sheriffs to give bond and fecurity — fees for their fervices ibid
Wives and children of perfons attainted, to be maintained 71, g-*
Eftates of perfons refiding in Britifh dominions, forfeited 72
Other commiffioners appointed-w-their compenfation 75, 78
Certain perfons amerced . 7 r
Money ariftng therefrom to be paid into the treafury 76
Debts due to Britifh fubje&s fequeftered 85
Their eftates confifcated jbid
Another board appointed 86
Shall give bond and fecurity, and be fworn 87
Their compenfation 88
Invefted with the power of the former boards 86
Sales under a£l of 1788, not completed — declared void 88
The property to be fold under this aft ibid
The board to report their proceedings to the executive ibid
The board diffolved — Three nominated and veiled with the fame powers &gy 96
The governor may fell perfonal eftate 96
Purchafers allowed to relinquifh their bargains 90
Certificates to be received in payment as gold and filver ibid
Intereft thereof to form a contingent fund 91
The board t» fell what yet remains unfold — The conditions ibid
Audited certificates to be exchanged for indented ones 92
Which mall be funded and bear intereft ibid
The board to lay their proceedings before the legiflature 92
The money applied to discharge the continental quota jbid
Certain perfons relieved from confifcation and banifhment 79
But fubjeft to amercement and other difqualifications ibid
Certain perfons permitted to remain in this ftate feven years ibid
And others reftored to the rights of citizenfhip 2&
Property reverting to the ftate, how difpofed of 97, 10.0
Sheriffs to fell the fame, on certain conditions ibid
Three commiffioners of confiscated eftates appointed 101
Shall give bond and fecurity ibid
All bonds taken by them to be fent to the treafurer 98
Each county allowed to purchafe one thoufand pounds worth of confifcated eftate* for the ufe '
of academies 99., 101
Commiffioners of Louifvife authorized to purchafe two thoufand pounds, to finifh the ftate-houfe ibid
Attachments againft perfons on the acls of confifcation 99
A board inftituted to take in certificates, and iffue others 1 02
Certain perfons taken from the afts of confifcation, &c. 503 to 1 11
CONSTABLES
Appointed by the inferior court — to give bond and fecurity, and be fwora 202
Punifhable by endi&ment 289
May levy on real eftate 291
Th;ir duty on the fabbath-day 411
Their duty under the patrol laws — their fees 43 z
They fhall fummon juries and attend juftices' courts 290
Their fees 232, 290
CONSTITUTION
Of the ftate of Georgia 20
Alterations, how to be made . ^ 31
Of 1777 5
Of 1789 13
INDEX. 6cy6
Page
Of 1795 • , 19
Of the United States of America _ . _ 650
Amendment of, explaining the judicial authority, ratified 2^i
Of 1778 54?
CONTAGIOUS DISORDERS— See Quarantine fa
CONTINUATION OF FORMER LAWS— See Revival of Laws 397
CONVENTION AT BEAUFORT 66i
Ratified by the Mate of Georgia 337
CONVEYANCES, DEEDS, BILLS OF SALE AND MORTGAGES,
By hufband and wife 112, 114, 1 15
How to be executed and proven ibid, ibid, ibid
Fraudulent, how to be detected and puniftied lit, 114
Defect in the form of, not fatal 114, 115
Livery and feizin unneceffary ibid
When and where to be recorded hi, 113, 115
Time for recording extended 36
Loft, how to be eftablifhed 116
Made by attornies or agents, declared to be valid ibid
COPY-RIGHT
Secured to the authors of books, maps, &c. 343
COPARTNERS
Compelled to account by a bill in equity 307
CORONERS
Appointed by the people 202
When to aft as meriff 294
Their fees 229
When the public is to be accountable 232
COSTS
In criminal cafes to be paid by the profecutor or prifoner, at the difcretion of the juftice 290
COTTON, t$0
Infpeetion of, act repealed,
COURTS, ■
Superior, to be held twice a year in each county 27
To have concurrent jurifdiction 292
Times of being held ibid
Invefted with chancery powers 307
May pun fh its officers for contempts, by attachment §o5, 285
To be courts of record .293
May compel the production of books, papers, &c. on the trial 294
Eftablifh the copy of loft papers, and gr<;nt writs of habeas corpus ibid
Actions therein not to be abated or quaftied for want of form 295
Dilatory pleas therein to be received on oath ibid
Actions againft joint obligors refident in different counties 28, 295
May declare a mis-trial, and fine offending jurors 300
Shall decide on the illegality of executions 50.1
Shall correct errors and grant new trials 27, 307
And perpetuate teftimoriy 308
Inferior, to be held half-yearly in each county a J
4T
OQj.
INDEX,
Page
Times of holding 292.
Shall hold pleas in civil cafes 27
Shall grant writs of habeas corpus, and eftablifii copies of loft papers 294
Conftituted commiflkmers of the court-houfe and jail 170
Shall grant tavern licenfes and fix tavern rates 44^
Shall levy a county tax 171
Shall repair court-houfes and jails, and erect bridges ib'd
Shall provide for the poor and bind out orphans 224, 226
Shall Superintend the clearing and repairing of roads 4^5 > 409
May order the fale of land on the application of executors, &c 223
And direft executors, &c. to complete titles of land fold by their teftators or iateftates 2 1 &
Shall appoint conftables 202
Shall appoint juftices of the peace 23
Conftituted courts of ordinary ibid
Of ordinary inftituted ibid
Appeal from their decifion to the fuperior courts. ibid
Acl to regulate their proceedings 219
Martial — See militia 352, 354, 357
COURT-HOUSES AND JAILS
Under the direction of the inferior courts 1 70
Fines and monies arifing from tavern licenfes and eftray s, appropriated to build and keep them in repair 572
COUNTIES,
Boundary of, may be altered, and new ones laid out by the legiflature 24
COUNT D'ESTAING,
Twenty thoufand acres of land granted to 244
COUNTERFEIT— See Felony 344, 38x
DAMS OR BANKS,
Damages occasioned by, how to be afcerta'.ned 178
Acrofs rice grounds, when to be opened X79
DEBT,
Funded, to bear intereft 93
National . ibid
French, Dutch, and domeftic 94
DEBTORS9 INSOLVENT,
Not to be detained after giving up their property . 30, 182
DEBTS, OUTSTANDING, EVIDENCES OF,
To be taken in and new ones iffued in lieu thereof by the comptroller 183
To be barred if not renewed in two years from the 2d February, 1798 184
The duty of the comptroller therein further defined ibid
DECLARATION OF INDEPENDENCE 638
DEEDS — See Conveyances 11 1
DEER,
Hunters of, by firedight, forfeit five pounds or receive thirty-nine lames 1-85
DEPRECIATION OF PAPER MONEY>
An aflt to eftablifh a fcale of *8£
INDEX. 6qb
DIGEST Page
Of the laws of Georgia 29, 19°
DISTRIBUTION OF INTESTATE ESTATES,
See Executors and Adminiftrators 2 1 3
DIVORCES,
An ad for divorcing Andrew Maybank and Mary his wife 1 92
Ichabod Bulkley and Margaret his wife 193
Walter Billingflea and Jane his wife 194
Benjamin Butler and Elizabeth his wife 195
Henry Moore M'Donald and Mary his wife ibid
George Mathews and Margaret his wife - 196
Abner Mitchell and Sally his wife 298
Ignatius Gilpin and Charlotte Vincent ibid
DOWER,
Relinquishment of : 112, 113, 11?
Not barred by mortgage 1 1 4
DRUNKENNESS— See Sabbath-day fia
EBENEZER, TOWN OF,
Lots therein to be fold to build court-^ioufe, jail and academy - 354, 158
EFFINGHAM COUNTY
Defined 6, I£l
Town laid cut called Springfield, the feat of public buildings 158
New county laid out of this and Burke, called Scriven 1 65
Fart of, added to Bryan 172
ELBERT COUNTY
Laid out and defined— court -houfe and jail made permanent 1 63
ELECTIONS
By the General AfTembly to be by joint ballot 29
By the people to be viva voce £9> *99
Repealed — to be by ballot 202
To be held at the feveral court-houfes 1 99
Of members of the legislature to be annual, by the people ibid
Of members of congrefs, every fecond year, by the people ibid
Of the inferior courts 28
Of juftices of the peace . ibid
Of county officers S0I> 202
Of receivers and collectors 544-
Of general officers of militia 29
Three juftices to prefide at elections, and with the fherifif preferve order 199
Polls at, to be kept by three clerks 201
Fraudulent returns of, how to be punifhed *99
Freedom of, to be preferved ibid
Civil proceffes ferved on the day of election declared to be illegal 200
ELECTORS,
Their qualifications and oath 199
EMANCIPATION*
Ads of 203 to 208
M INDEX.
ESTATES, Page
Not to %e entailed 12, 1 8^ 220
Wafte cf, how to be prevented 22c
Inteftate, diftributiou of 2*.?> 217, 306
Real and perfonal, confidered the fame with regard to diftribution 217
See Executors and Adminiftratcrs.
ESTRAYS,
By whom and in" what manner to be taken up and pofted 208
To be viewed and appraifed by two freeholders ; the valuation and defcription to be fent to the
clerk of the fupericr court ibid
Taker up to take an cath — his fees 208, 209
To be advertifed, and fold in 1 2 months ibid
Juftices and clerks, their duty and fees 208, 299
May be put to labor, or the pofter may receive pay for keeping 209
Fine or. perfons for neglecting their duty herein 210
Owners of, may receive the amount cf fale, if they apply in I 2 months 209
Superior Courts, (hall fuperintend the execution of this law 210
Stud horfes running at large, may be gelded ibid
Sale of cattle, &c. to be in the diftrict wherein polled 211
Juftices to pay to the clerk the monies received from fuch fales ibid
Perfons felling of, for their own ufe, fubjecl. to endictment ibid
Horfes, affes and mules, to be at the court-houfe when fold ibid
Owners may receive the amount of fale two years after fuch fale ibid
EVIDENCE
In ftate courts 298
In caveats before the governor 3°9
How to be taken in eaufes depending in ether ftates 2 1%
EXECUTORS AND ADMINISTRATORS,
Their duty 213, 2l8, 220, 22?
Shall make distribution in twelve months, and a fecond one in two years 215
Shall take an oath 214,222
Shall account annually with the register 220
Shall account annually with the court of ordinary 225
Shall have the eftate inventoried and appraifed 2T3> 221
The appraifers fhall be fwom 214.
The appraifement, not to be conclufive againft the reprefentstives 221
They fhall not take eftates at the appraife value 214
Shall receive commiffions out of the eftate 215
Shall forfeit them for neglect of duty 221
May fue for additional expences 2I"
Shall be free from fuit for 12 months 223, 295
Shall give fix weeks' notice to creditors 223
Shall pay the debts due by the eftate, in due ordcf 2 ijf, 223
And recover thefe due to the eftate 215
Shall give forty days' notice previous to any fale 214
May convey land fold by their teftator or inteftate 218
May fell real eftate, purfuant to an order of the inferior court 223
Chargeable in certain cafes, as executors in their own wrjng 215
Adminiftrators, rnuft give bond and fecurity 214' 222
And take an oath f?HJ
Adminiftrator, with the will annexed, his oath . i"1<*
Debtors made executors, and difcharged of the debt 3I4
.Executors may be compelled to give fecurity 32*
Principal creditors appointed, muft aft in truft for the reft 2I5
Bonds of executory adminiftrators, and guardians, to be recorded 5;22
INDEX,
214,
Shall be chargeable with the amount of the appraifement
E&tters of adminiftration granted to a widow, may be revoked on-her marriage
Procefs to iffue againft executors, adminiftrators and guardians., who fail to make their annual return
to the court of ordinary
Co-executors liable to a bill in equity
Caveats ap-ainft proving wills, and granting letters of adminiftration 28,
Wills to be proven, and letters of adminiftration to be granted by the court of ordinary
Perfons detaining wills, fubjeft to fine and imprisonment
See Court of Ordinary, Eftates, Orphans and Wills.
EXECUTION,
May iffue on the fifth day after judgment
By whom iffued, and to whom directed
May be stayed fixty days
Illegality of
FEES OF PUBLIC OFFICERS,
An aft for the regulation of
When the public (hall be accountable
Officers charging for fervices not performed, or more than legal fees, (haU forfeit fourfold,
be difmifTed from office
Fees due by infolvent criminals, &c. to be paid by the county
State fees on fuits
FELONS,
Tranfported from other places, how to be treated
FELONY,
To counterfeit paper money or pafs forged bills
Audited certificates, or any warrants drawn on the treafury
To counterfeit any bond, note, deed, &c. or to utter or publifh them as true
To clip gold or filver coin, for the fecond offence
To forge or pafs bafe metals as good coin
Perfous convinced of, ineligible to any office of honor or profit
FEME-SOLE,
Being plaintiff, and marrying pending the action, the writ fhall not abate
FEME-COVERTS— See Hufband and Wife
FENCES,
fin aft to regulate
FERRIES,
Afts to eftablifh and regulate
FIRE-ARMS,
White freemen compelled to carry to places of public worfhip
and
FIRE-COMPANY
Establifhed at Savannah
At Augusta
FOREIGNERS,
Who lend money at interest, may take fecurity on real estate
French citizens enabled to fettle or convey lands granted them
4 U
Page
221
223
225
306
217
219
221
299
301
300
301
226
!> 234
234
ibid
540
m
234
381
244, 245
244, 245
59
245
23
295
112
2.'. 5
37 to 24?
241
242
ibid
3 43
69S . INDEX.
Page
FORGERY
Defined and punifhcd — See Felony 2a\
FRAUDS
In felling beef, pork, pitch, tar and turpentine, to be prevented and punifhed 245
FRANKLIN COUNTY
Laid out and defined
33°
Jackfon county laid out of this county j(>8
FRANKLIN STATE,
Certain engagements to be made with the people of 26 1
FREDERICA TOWN,
Commiffioners of, appointed — Their power and duty 1 59
GAMING,
Ads to prevent and puniih 248, 255, 25$
Lotteries for that purpofe to be fuppreffed 249
Bonds, bills, &c. given to fecure gaming debts, void ibid
Money won may be recovered back by the lofer, or any one elfe 250, 253
The winner may be compelled to difcover the amount won, on oath 250
Thofe who win by fraud or cheating lhall forfeit fourfold 251
Perfons fighting on account of gaming fhall forfeit twenty pounds and be imprifoned ibid
Tavern-keepers fubj eft to fine for fuffering gaming in their houfes 251, 254
Horfe -racers fhall forfeit one hundred pounds for each race 255
Forfeitures, how recovered and applied ibid
Competent witneffes under this aft 2^2
Duty and power of juftices of the peace under this aft ibid
May break open doors ibid
Apprentices, &c. fubj eft to fine and imprifonment for gaming ibid
GEORGIA,
■State of, its boundary defined 24, 328, 584,. 672, 67$
Divided into three diftrifts 271, 292
GLYNN COUNTY
Defined 6, IJ2
Certain iflands added to 153
Court-houfe, jail and academy at Brunfwick 359, 1 60
GOUGING— See Biting 43
'GOVERNMENT,
Seat of, at Louifville ig, 129
Departments of, to be diflinft and feparate 20
GOVERNOR,
To be appointed by the legiflature 26
Flis legiflative authority 26, 27
His executive authority 26
Shall appoint his fecretariea 27
GREENE COUNTY
Laid out and defined 1 62
Court-houfe and jail at Greenfoorough ibid
Hancock laid out of this and Wafhington county 164
' INDEX,
Part of, added to Oglethorpe, and part of Oglethorpe added to it
Greenfborough eftablifhed on the univerfity land
GUARDIANS
Appointed by the inferior court
Shall give bond and fecurity
Allowed a compenfation for their fervices
HABEAS CORPUS,
Writs of, may be granted by the fuperior or inferior courts
HANCOCK COUNTY
Laid out
Courts and elections of, where to be held
HARDWICK,
Commiffioners for the town of, appointed, with power to fell lots to build court-houfe^
and academy in Bryan county
HORSES,
For exportation, to be tolled or avouched before a toll-mafter
Stolen and fold after being tolled, how to be recovered
Wild, how to be managed and difpofed of
Stealing of, made felony without benefit of clergy
Perfons charged therewith not bailable
jail
Laid out
Court-houfe and jail made permanent
Under the direction of the fuperior court
Their fees
Property of prifoners liable for their fees
JACKSON COUNTY
JAILORS,
JEFFERSON COUNTY
Laid out and defined
Courts and elections of, to be held in Louifville
IMPEACHMENTS,
To be preferred by the Houfe of Representatives and tried by the Senate
Former convictions of, annulled
INCORPORATION, ACTS OF—See Charters
INDENTURES— See Conveyances
INDEPENDENCE^
Declaration of
INDIANS,
Surveys and grants on the land of, declared void
Sales of the land of, to private perfons, void
Claims of, the right of extinguifhing veiled in the people and government
Violences of, acts to fupprefs
Acts to extinguifh their claims to certain lands
Ah act for running the line between them and us
Th« murder of, punifhable with death
Page
176
162
225
ibid
226
699
30, 294
164
ibid
156, 157
54> 55
53
54
256
ibid
168
17?
171
229, 256
ibid
169
170
24, 21, 22
3°
122
212
638
*59> 326, 335
257
552
a6i, 262, 263
264, 268
259
258
INDEX,
INDIGO, . Pagc
Planters of, to deftroy fteeped weed 270
245-
544
INSPECTION
Of beef, pork, pitch, tar and turpentine
Of tobacco — See Tobacco
INTEREST,
Of money or other thing, an act to regulate 2"o
Not allowed on open accounts o00
INTERROGATORIES °
.May iffue to witn-efies rending out of the county 2qg
IRON WORKS, FORGES AND FURNACES
Land granted for 318)322
JUDICIAL POWER,
Veiled in fuperior and inferior courts 2 »
JUDGES OF THE SUPERIOR COURTS;
Elected by the General Affembly for three years
Their oath
Shall ride the circuits alternately
Shall meet annually at Louifville on the fecond Monday in January
Shall have adequate falaries ' 7
Shall grant writs of certiorari and mandamus
Shall grant new trials and correct errors
Shall form rules for the government of the courts
Adminiiter oaths and punifh contempts
JUDGMENTS,
.Bind property from their date
By default
Confeliion of
JURORS,
Their qualifications
How to be drawn and empannelled
To be fummoned by the fhenff,
Grand jury to confift of not lefs than eighteen, nor more than twenty-three
Special jury to be taken out of the grand jury
Their cath
Oath of the petit jury
May be fined for default or mifconduct
Their fees
JURY,
Trial by, inviolate forever
JUSTICES OF THE INFERIOR COURT
To he appointed by the legifiature, during good behaviour 2-S
JUSTICES OF THE PEACE
To be appointed by the inferior court ibid
Shall hold pleas in civil actions not exceeding thirty dollars 28, 287
Appeal from their decifion to a jury of five men 288
*
27
272,
271
308
ibid
27, 28,
27)
273.
307
307
308
293
280,
300
2 95
300
277)
278,
279,
3C3
3°3
3°4
3°4
280
280,
ibid,
279)
307
3° 5
ibid
230
13, 17
) 3°
INDEX. 701
Snail hold their courts monthly ti
May hold to bail, and grant attachments ibid
Evidence in the courts of ibid
Shall with a jury try the rights of property levied ori ibid
Shall not try actions of trefpafs 309
May be endifted for mal-praftice in office 28, 29 1
LAND
Aft of 175:9, to eftablimthe titles of the inhabitants, &C. 3*9
Of 1765, for better fettling and ftn»ngthening the province, &c. 310
Of 1765, to prevent frauds and abufes in furveying lands, &c. 3 14
Of 1767, to empower the general court of pleas to grant writs of partition 315
Of 1777, for opening the land office, 8cc: 316
®£ *777» t0 amend and repeal fome parts of the laft aft 318
Of 1780, for the more fpeedy fettling this ftate, &c. 319
Of 1783, for opening the land office, &c. 323
Of 1784, for laying off two more counties to the weftward 330
Of 1785, to amend and alter fome parts of the land afts - 334
Of 1786, to prevent perfons furveying lands between the Alatamaha and St. Mary's River, 337
Of 1788, to ratify the convention at Beaufort with South-Carolina ibid
Of 1794, to veft certain powers in the governor to prevent abufes in furveying lands 339
Of 1798, to prevent controverfies refpefting the bounds of lands ibid
Of 1 799, to amend the laft aft 34O
Sales of, by agents or attornies, declared to be valid 116
By Indians to private perfons, void 257
Claimed under truftees, titles thereto confirmed 309
Partition of 315
South-Carolina, grants of, to be audited 31c*
Lying fouth of the Alatamaha added to Georgia 311
Frauds in furveying of 314, 339
Claims to, mull be by fuit 34
Office opened 316, 323
Granted on head rights 316, 321, 323, 331, 265?
Oath of perfons applying for head rights 335
Forfeited, if the applicant is convicted of perjury bn faid oath ibid
May be taken up by purchafe not exceeding one thoufand acre? 323
Geld and filver to be received in payment of 331, 334
Bond and mortgage to be given by the purchaferS of 331
Audited certificates to be received in payment of 329
Surveyors of 314, 324, 331
Their oath- — (hall give bond and fecurity 325, 326
Shall fwear their chain carriers 3X4> 32^
Shall infert their own names and the names of the chain Cafrkrs in plats 260
And fhall fet forth the beginning corner 338
Surveys of, how to be executed 314» 3T7
On the land of the Indians, declared to be void 322, 326
Penalty for making fuch furteys 327, 325, 338, 259, 260
Surveyor general of, his duty 314, 319, 323, 324
.Warrants, when and how iffued 323, 325
To be renewed in two years, except officers and foldiers* bbuhties 336, 338
Transferred, not to be renewed 339
Loft, and plats, how to be eftablifhed 322
Grants of, need not be audited, but muft be regiftered in the county furveyor's office 336
Need not be regiftered in the county furveyor's office 338
To certain widows and minors free of office fees 329
Form of 327
The governor to direft the form of 338
"Where two furveys are made on the fame land, and a grant obtained firft on the youngeft
ftJrvey, the eldeft grant fhall hold the land, but the grantee fhall be ftibjeft to <ih
■4X j
702 INDEX.
Page
action of damages to double the value thereof, or relinquifh his right to the firft
furvey ' 336
In the territory lately ceded fouth of the Alatam.iha, void 338
Caveats to prevent obtaining of, how to be tried 324, 333
Appeal from the caveat courts to the governor 332, 338
Granted for the endowment of a college or univerfity 333
For faw-mills, grift-mills and iron works 318, 322
Claims to, by Indian traders in Wilkes county, adjufted by the legiflature 322
Bounties of, to officers, feamen and foldiers 323, 332, 336
To refugees and citizens of Georgia 334
To the ftate troops 261, 263, 264
Refervedfor petitioners from Virginia 332
Settlements on and cultivation of, before obtaining grants 516, 323, 324, 335
Not neceffary 334
Right of preference to 321, 326
Former allotments of .321
Confirmations of, when alienable 317
Abfentees claiming of, required by proclamation to return 317, 321, 326, 329
Minors, being abfentees, not to be affecled by non- compliance therewith ibid
Settlers of, invited by proclamation 322
Controverfies refpecting the bounds of, an act to prevent 339, 34c
A number of plats of, added to the furveyor general's office 341
LAZARETTO,
An act for the efhblifhment and erection of . 344-
LEGISLATIVE AUTHORITY
Veiled in a Senate and Houfe of Reprefentatives 2 1
They fhall meet annually on the firft Monday in Nevember 201
Freedom of debate 22
Members of, free from arreft in civil cafes 101C*
Their qualifications 2I
Certain difqualifications 22> 23
Temporary apportionment of 2 l
Not eligible to any appointment by the legiflature 22
Oath of 23
Election of, to be by ballot 202
LIBERTY COUNTY
Defined 6, 15 1
Ccurt-hcufe and jail eflablifhed in Riceborough 157
Academy erected — See Univerfity 5 °7
LIGHT-HOUSE
On Tybee Ifland, ceded by the ftate to the United States 344
LIMITATION OF ACTIONS— See Aaions 33
LINCOLN COUNTY
I, aid out and defined 17°
Commiffioners of the court-houfe and jail appointed 3 7"
Lincoln, town of, laid out 554
LITERATURE AND GENIUS,
An act to encourage 34'2
LOTTERIES,
For the purpofe of gaming, to be fuppreffed _ 24°'
Authorized to raife money for certain purpofes I3^» 3*7^
LOUISVILLE
The feat of government J9> I29
Commiffioners of, appointed, and empowered to purchafe confifenttd' property 99> *©*
INDEX, 703
Page
Academy, commiffioners of, appointecU-See Univerfity 567
LUMBER,
An a& to regulate the admeafurement of 345, 346
MANUFACTORY
Of cotton, lottery authorized to promote 377
MARKS AND BRANDS
To be recorded in the clerk's office 347
M'INTOSH COUNTY
Laid out and defined 1 67, 173
Court-houfe and jail, to be built by the inferior court 167
MILLS,
Toll to be taken at 363
MILITIA,
Divided inta.divifions, brigades, regiments, battalions and companies 348
Additioj^^nade to certain brigades 359> 360
Compdty officers of, elected by the privates 349
Returns of the elections of, how to be made 349, 358
Field officers of, to be elected by the company officers 349
Their and company officers' uniform 350
General officers of, appointed by the legislature 29, 356
May employ expreffes 362
Officers of, how to take rank 350> 359
Of volunteer corps, how commiffioned and governed 355, 358, 361
Regimental and battalion mufters of 351
Fines of officers for not attending well equipped ibid
For mifbehaviour while under arras 35 1, 355
For neglect of duty 354, 357
Officers commanding regiments {hall appoint the regimental ftaff 355
Brigadier generals allowed an aid-de-camp 358
Adjutant general (hall mufter the field-officers and brigade infpector of each brigade annually 361
His compenfation ibid
Brigade infpe£tor mall exercife the company officers and adjutant twice every year ibid
And attend regimental mufters in the brigade ibid
The adjutant fhall attend battalion mufters ibid
Field officers may alter the boundaries of companies 362
Company officers, their duty 361
Company mufters 35 1
Fines on privates for non-attendance, &c. at mufters 350, 351
Non-commiffioned officers to be drawn by lot 3 J3
IJines for refufing to act ibid
For neglecting to aft ibid
To be impofed by courts-martial 352
Warrants for collefting of, to be executed by fergeants ibid
Appropriated 357, 362
Courts-martial for the trial of officers 354, 357
Their fentences lubject to the control of the commander in chief 354
To be fworn 357
Shall keep records of their proceedings 363
Perfons fubjeft to militia duty mail enrol themfelves 350
And fupply themfelves with proper arms and accoutrements ibid
Quakers exempted - 356, 358
Further exemptions 356* 358, 360, 362
The governor may order out the militia to defend the frontiers 357
Fines on officers and foldiers who refufe to do their tour of duty 357
704 INDEX,
Page
No perfon mall hold mor-^ than one militia commiflion 3 cjj
MONOPOLIES
Not to be granted t\
MONTGOMERY COUNTY
Laid out and defined 167
Court-houfe and jail to be at the plantation of Arthiif Lott 1 74
MORTGAGES
To be recorded — See Conveyances ti2
On perfonal property, how foreclofed 298
On real eftate, how foreclofed 297
MIJRDER
Of flaves, punifhable with death 30, 443
Of Indians, punifhable with death . 258
NAVIGATION OF RIVERS.
Acts to prevent throwing ballaft, rubbifb. &c. into rivers and navigable creek: 364, 590
Fines under faid acts appropriated 366
Of Ogechee River and Briar Creek ibid
Commiffioners appointed for that purpofe ibid
In Scriven county by the inferior court 369
Alfo in Bullock county 370
May be appointed by the inferior courts in other counties 371
Their powers 366
Locks to be built by perforts making mill dams acrofs them 367
Timber maybe taken from the adjacent lands ibid
Penalty for falling trees into the faid ftreams ibid
Commiffioners to give bond and fecurity, and make yearly returns to the gorefnot- 368
Tax levied on adjacent lands ibid
Perfons exempted from the tax who work on faid river and creek 371
Orphans not to be affected by the faid tax 368
Perfons working on Briar Creek, exempt from working on roads 369
Tools and implements to be ufed ibid
Fines for neglecting to Work 369, 371
Of Little River, act foi keeping it open, repealed as far as it refpects Jofeph Ray, Ba2il La-
mar and Andrew Brown's mill feats 37a
Of Savannah River from Peterlburgh to Augufta 371
A company eftablifhed and incorporated, with a capital not exceeding 40,000 dollars 371, 372
Rates of toll, when the river is cleared to carry 15 hoglheads 373
Conftitution of faid company ibid
Shall continue twenty years , 374
Of Savannah River froni Augufta to Savannah ibid
Commiffioners appointed to join commiffioners who may be appointed by South-Carolina for
that purpofe 375
They fhall give bond and fecurity ,ibid
They (hall appoint a collector, who mall give bond and fecurity, and receive 5 per
Cent, on all monies collecttd by him ibid
Rates of toll on all produce conveyed down the river , ibid
All money received by them applied to improve the navigation of the river ibid
Of Broad River, fforh Feterfburgh to the fork 37^
A lottery authorized to faife one thoufand dollars to clear it of obftnictibns ibid
One fourth of faid ftream to be kept open 55^
The mi 'die ftream between Anthony's and Coleman's mills to be kept open ibid
Penalty for falling trees into the faid river ibid
The north and middle forks of the Oconee and Appalachee Rivers to be kept open from the
Rock Landing to certain places, under penalty of one hundred dollars for each day ibid
A lottery authorized to improve the navigation of the Oconee and Alatamaha Rivers, from the
fca to the Rock Landing 37^
Commiffioners appointed to fuperintend and carry it into effect 377
INDEX. 705
tage
Notary public, his fees
OATH
To be adminiftered to fenators and reprefentatives 23
To the governor 26
To the judges, of the fuperior courts 271
OFFICERS, CIVIL AND MILITARY,
Shall take an oath to fupport the conftitution of the ftate 377
Before whom to be taken — penalty for neglect ibid
Further time given to take the faid oath 378
Time for taking the aforefaid oath further extended 379
And their official acts declared to be valid ibid
OGLETHORPE COUNTY
Laid out and denned, and court-houfe and jail made permanent 166
Part of Greene county added to it 1 73
Part of Greene added to it, and part of it added to Greene 176
ORDINARY, COURT OF?
Eftablifhed — its jurifdiction 2?
Acl to regulate their proceedings - 219
ORPHANS,
Their eftajtes protected 224, 226
Mult be bound out if the profits of their elates will not fupport them ibid
PAPER MEDIUM,
Fifty thoufand pounds in paper bills of credit emitted 379
To be a legal tender in all cafes 380
Perfons to be appointed to fign the feveral denominations of faid bills ibid
They (hall take an oath, and be compenfated for their fervices ibid
The land lying between the Alatamaha, Oakmulgee and St. Mary's Rivers, pledged for the re-
demption of the faid bills in four years ibid
Time for redemption extended 38?
Felony, without benefit of clergy, to counterfeit the bills fo emitted 381
Money due the ftate may be paid in faid bills ibid
Five thoufand pounds of faid bills burnt, and the fame fus^-'to be burnt annually 382
paper medium no longer a tender ibid
PARISH
Of Chrift Church 15 1
St. Andrew ibid
St. David
152
St. George 151
St. James ibid
St. John ibid
St. Mary 1^2
St. Matthew
351
.St. Patrick 133
St. Paul jjx
St. Philip ibid
St. Thomas ibid
PATROLS— See Slaves 152
PEDLARS,
Not to fell goods, fee. without licenfe, tinder penalty of five hundred dollars . 382
How to be recovered
PETERSBURG, 553, 554
POOR,
Under the care of the inferior court, to be provided for by county tax 224, • 226
POWDER RECEIVER-— His Tees 232
4 Y
INDEX,
PRIVATE ACTS
To -veil certain property in Chriftiana, Agnes and Elizabeth Yonge 384
To veft certain property in Ann Bard ibid
To veft certain power in George Abbot Hull 385
To relieve John Ferrie and others ibid
To veft George Bailie with certain powers 386
To relieve colonel Peter Purkins 387
To fecure to Reuben Coleman a tract of land, &c, ggg
To relieve the heirs of Frances Maria Loys Dumoufay De la 'Vave, and the heirs ef Hyacintfo
de Chapadelane, and Chriftopher Poulain Dubignon ibid
To relieve John Cobbs 389
To fecure to Alexander Cafwell a tract of lands 390
To relieve Bazil Lamar ibid
PROCLAMATION
Of the king-of Great- Britain of the year 1763 667
PROTESTANT DISSENTERS,
Their folemn affirmation or proteftation to be valid as an oath 39 1
If falfe, fubject to the puniihment for perjury ibid
PROTEST
Of John Houftoun, efq. againft the convention at Beaufort • 666
QUAKERS,
Trultees of, nominated — to be elected every fecond year on the firft Monday in May 392
Incorporated, and empowered to fell a tract of land for their ufe ibid
Exempt from militia duty 356
QUARANTINE,
When and how to be performed 392
Penalty for non-compliance with the regulations prescribed' 393
Perfons on board fuch veffels fubject to the like fine. ibid
power of fuperintendents in this refpect 394.
Veffels to be relieved, after performance ibid
Goods, &c. brought in fuch veffels to be aired, to prevent contagious diforders ihid
Pilots (hall inquire into the health of fhips'-e. .-.vs ibid
Penalty on mailers or captains who refufe to a^fwer truly 395
Place and duration of quarantine at Savannah to be regulated by the corporation 5 in other places
by the governor ibid
The governor mail enforce thefe regulations by proclamation. ibid
Fees of the health officer ibid
Expences under this act., how to be paid 396
Ail former acts relative to quarantine repealed' ibid
RELIGIOUS SOCIETIES
Not to be dlflurbed during divine fervice, under penalty of five pounds or commitment to jail for
ten days ; fines for the ufe of the poor 396
Negroes not to affemble for that purpofe, contrary to the patrol laws 397
REPRESENTATIVES,
Apportioned among the refpective counties, according to the conftitution ibid
REVIVAL OF LAWS, ■
Acts for, 397, 400, 401, 402, 404
RICHMOND COUNTY
Defined 6, 15 r
Court-houfe and jail to be erected in Augufta 163
Columbia county taken off • ibid
ROADS AND BRIDGES,
Under the direction of the inferior courts 405;
May be altered, discontinued^ or n<w ones laid, by the faid courts ibid-
INDEX. 707
Page
Peifons aggrieved by laying out new roads, may be redreffed 406
Shall be twenty feet wide, flumps, and other obflruftions removed ibid
The width and manner of clearing crofs roads, to be prefcribed by faid courts 410
Caufeways and bridges over fmall ftreams to be fixteen feet wide _ 406
What perfons liable to work on roads 4°"> 4IQ
Shall be divided into diftrifts 4°6
Overfeers to be appointed, who lhall take an oath ibid
Oath unneceffary 4°9
Penalty on overfeers for neglect of duty 4°7
Fines on perfons for refufing or neglecting to work on roads ibid
Appropriated ibid
In what manner roads may be altered for private convenience • ibid
Penalty for obftrufting or Hopping up roads ibid
How recovered and applied ■'bid
Inhabitants of M'Intofh, Glynn and Camden, liable to work on the Riceborough road 408
All bridges erefted by the public, to be deemed public bridges ibid
Inferior courts may erect new ones, to be kept in repair not lefs than five, nor more than feven years ibid
They lhall appoint commiffioners, who mail be fworn and lhall give twenty days' notice before they
let any bridge ibid
They fhall give notice when bridges are out of repair, and repair them, if not done by the under-
takers, and ifTue executions againft the undertakers, for theexpence of repairs, unlefs paid ibid
If they become undertakers, others mull be appointed in their place ibid
Bridges over ftreams dividing counties, to be built at their joint expence ibid
Road from Louifville to Savannah eftablifhed 405
Commiffioners of, appointed to open the fame ibid
From Louifville to Wafhington in Wilkes county ibid
From Columbia court-houfe to the Chickafaw bridge 405.
SABBATH-DAY
To be kept holy, and no -vork to be done thereon, nor goods, &c. fold, or hunting, (hooting, or
other paftimes to be permitted 410
Public houfes to be kept fhut 41 1
Conftables may examine taverns, and enter by force, if denied admittance ibid
Juftices may apprehend offenders, and feize their goods, &c. ibid
No writs, warrants, &c. of a civil nature, to be ferved on that day 412
Perfons fued, in the execution of this aft, may plead the general iifue ibid
If the plaintiff be caft, or non-fuit, he fhall pay treble colt ibid
This aft. to be read four times a year by minifters ibid
St. MARY's, TOWN OF*
Eftablifhed in Camden county i6-l
Commiffioners of, appointed ibid
Of pilotage appointed 592
Vendue mailer for the town, to be appointed 57©, 572
Commiffioners of, authorized to pafs laws for its government 1.26
SAVANNAH
Town common afcertained 117
Commiffioners of, appointed ibid
Certain lots fet apart for public ufes ibid
Commiffioners authorized to exchange fifteen acres for four garden lots 118
Empowered to exchange a part of the town common with William Simpfon- 120
Plan of the town eftablifhed . 121
Incorporated and divided into feven diftrifts, each to choofe a warden ibid
The wardens fhall choofe a prefident jbid
And make all laws, &c. for the regulation of the town ibid
May lay affeffments, and publifh their expenditures monthly 1.22
Shall afcertain the boundary of certain lots, and record them ibid
Shall regulate the public docks, and aft as juftices ibid
Styled a city under the government of a mayor and aldermen 123
Mayor and aldermen elefted annually, on the firft monday in March* ibid«
70o INDKK, . *
Health officer appointed tor the port of jbid
Limits of the corporation defined ibid
Number of aldermen increafed 1 24
Mayor and aldermen, their jurifdiction in civil cafee ibid
Shall draw and empannel jurors 1 25, 14Q
Shall be a court of record, and governed by judiciary a&s 125
Electors of aldermen, their qualifications ibid
Managers to prefide at elections, to be appointed by the mayor and aldermen i£7
The jurifdiction of the mayor and aldermen extended to one hundred dollars J40
SCRIVEN COUNTY ~
Laid out and defined 165
Court and jail to be in the center of the county 1 74
Jackfonborough laid out, and made the feat of the public buildings 177
SEAL5.
Great feal of Georgia to be made of filver ; its device 413
The governor (hall contract for the making of, ibid
The old feal fhall be broken jbid
The new one fanctioned " 414
Shall be affixed to grants figned, but not fealed, during the exigence of the old feal ibid
SEAMEN AND MARINERS,
Not to dbfent themfelves from their veffels *■ ibid
May be apprehended and committed to jail by juftices ';■;"!':'•? ibid
Expences attending fuch apprehenfion, &c. to be paid out of their wages 415
Not to be trufted over five pounds, nor harbored under penalty of forty fhillings per day, ibid
Nor to be furnifhed by tavern keepers with more than one fhilling and fixpence per day, nor be
entertained by them after nine o'clock at night ibid
Mailers, Sec. of veiTels to give certificates to teamen on completion of their contracts ibid
Two juftices siay grant fuch certificates, if denied by matters, &c. 416
Mailers, hiring feamen without fuch certificates, fhall forfeit ten pounds ibid
And ferrymen transporting them fhall foifeit five pounds ibid
Fines under this act, how recovered and applied jbid
SERVANTS, NOT SLAVES,
Contracts, made with them in foreign countries, valid in this, 417
For further fervice, under what reilriftions to be made ib'd
How to be clothed and fed ibid
May be transferred by alignment 4l3
Not to become chargeable on the public ibid
To be well clothed when difcharged from fervice ibid
SLAVES AND PATROLS,
Certain defcription of perfons declared to be flaves 426
May have guardians appointed to fue for their freedom ibid
Defendant mull produce the ward of the plaintiff 427
Slaves made fubject to patrol laws 4*9
Captains of militia to divide their companies into patrol divifions ibid
Perfons liable to patrol duty 4X9> 42°
Captains, &c. fhall forfeit five pounds for neglect of duty 419
Shall fet up copies of patrol divifions at public places 420
Shall prick off, not exceeding ten perfons for patrols, every mufter . ibid
May hire fubftitutes at ten fhillings per night ibid
And recover the money of the defaulter, by warrant under his hand 42 1
Patrols in Savannah particularly regulated vq\q.
Certain perfons exempted therein 42I» 425
Captains of patrols, how appointed, fhall forfeit twenty fhillings for refufing to aft 421
I Ay fine defaulters, not exceeding ten findings 422
Patrols to be armed, under penalty of ten fhillings, and be obedient to officers ibid
Shall ride one night in fourteen, and correct flaves Jbnd
INDEX, 709
Page
Shall be liable to forfeit five /Killings for unreafonable abufe, and further penalties for
maiming and difmembering of flaves 422
Shall fearch for offenfive weapons 423> 425
Getting drunk, mall forfeit five pounds 423
Sergeants may be fined forty {hillings for negleft of duty 422
Their fees forfervices under this aft ibid
Field officers fhall fuperintend the execution cf this aft III, 423
Perfons fued, for executing this aft, may plead the general iflud ibid
Evidence admiffible againil fuch offenders 436
Penalty on perfons felling beer, &c. to flaves 435
On owners permitting flaves to work out without tickets 436
On perfons giving tickets without the confent of owners 427
On perfons beating flaves, in their mailer's fervice ibid
On owners for concealment of flaves charged with a capital crime 432
On perfons for harboring run away flaves 435
On perfons working flaves on the fabbath-day 438
On perfons not keeping a white perfon on their plantation^ ibid
Slaves, not to carry fire arms 424, 432
Nightly diforders and riots of, how to be prevented and punifhed 425
May be killed if they refift being taken and examined 427
Meetings of, to be difperfed 397, 428
Three juftices and feven freeholders form a court for the trial of? 429
Who have difcretionary powers, in all cafes not capital ibid
Oath to be taken by the jury on the trial of, ibid
Evidence admiffible on the trial of flaves, and free negroes 430, 431
Certain offences of, declared to be felony 430
Felony for them to poifon, or be acceffary thereto ibid
, For one flave to teach another to poifon 43 1
For ftriking a white perfon for the fecond offence 433
Slaves to be rewarded who inform againft poifoners 430
Punifhable for giving falfe information 43 I
Corporeal punifhment to be infHfted on flaves who adminifter medicine, &c« ibid
Slaves executed by law, not paid for by the public -J 442
Expences incurred in the trial of flaves, by whom to be paid ibid
Conftables to execute allfentences on flaves 432
Run away flaves, to be fent to the workhoufe, or delivered to a conftabls 433
They fhall be fupplied by their owners ibid
Fee 3 of conftables, and mailer of the workhoufe 434
penalty for their negleft of duty ibid
Twopence per mile allowed perfons carrying flaves to their owners or the workhoufe ibid
Perfons maimed in executing this aft, to be rewarded by the public 435
Goods, &c. of negroes liable to be feized 436
To be reftored to the owner if ftolen 437
Slaves to be whipped if found abroad without tickets or at home with arms ibid
Nor fhall they rent or leafe any houfe 438
Men flaves exceeding feven fhall not travel on the highway without a white maft ibid
Felony to fteal or inveigle flaves ibid
Fines, &c. under this aft how recovered and applied 439
Perfons fued for executing this aft may plead the general iffue ibid
Slaves not to be imported into this ftate 30, 440
Nor brought from other parts of the United States 440
The murder of flaves punifhable with death 48, 443
Free negroes, &c. coming into this ftate, how to be treated 442
Endiftments therefor to to be laid contrary to the Conflitution, 8zc, 443
Secretary of ftate, his fees • 227
Secretaries of the executive department, how appointed 27
Their fees 229, 334,
4 Z
yto ■ ' INDEX.
SHERIFFS
Page
Appointed by the people
Shall give bond and fecurlty, and take an oath 305
Shall not be eligible to the office more than two years out of four 29, 201
Shall not act as attorney 306
Sales by them to be on the firft Tuefday in every month 307
Shall be fubject to attachment or action, for neglect of duty 306
Their fees in civil and criminal cafes 228
STAGE CARRIAGES,
Exclufive right to run a ftage ten years from Augufta to Savannah, granted to Nathaniel Twin-
ing, Thomas Da vies and Jofeph Grant 444.
Act in favor of Thompfon and M'Call, repealed ibid
STATE FEES
On grants, may be paid in paper medium 227
On fuits at law . 543
SUNBURY,
Commiffioners of the town of, appointed with power to choofe a clerk, and make laws and re-
gulations for its government 128
To be chofen every third year, on the fecond Monday in January ibid
They may make affeffinents for the ufe of the faid town ibid
They (hall be juftices of the peace, ex-officio ibid
SPRINGFIELD
Town of, laid out and declared to be the feat of the public buildings in the county of Effingham 159
Commiffioners of, appointed with power to fell the com t-houfe in Ebenezer ibid
SWEARING,
To be punifhedby fine of five millings, if an officer, and two (hillings and fixpence, if a private perfon 256
TAR, PITCH, TURPENTINE, &c.
Inflection of, eftablifhed 245
TAVERN LICENSES,
To be granted by the inferior courts, and tavern rates eftablilhed 445;
Except in corporate towns ' 446
Tavern keepers fnall give bond and fecurity 445
' Penalty on perfons retailing without licenfe ibid
Money arifing from tavern licenfes, fines, eftrays, &c. applied to build court-houfe, jail and bridges,
and to keep them in repair 446
TAX.
Act of 1783 * 447
of 1785 452
of 1786 459
of 1787 466
of J788 473
of 1790 480
of 1791 487
of 1792 490
of 1793 499
of 1794 501
of 1795 503
of '796 505
cf 1797 515
of 1798 526
of 1709 528
INDEX. 712
Page
of 1799 for the fupport of government for 1800 530
of 1800 for the fupport of government for 1 801 541
TOBACCO,
Infpecxion of, not to fell tobacco, unlefs what is raifed on their plantations under penalty of S°£'
and difmiffion from office; how recovered and applied 544
Not to be exported without inflection at a public warchoufe 545
Collectors of cuftoms, to adminifler an oath to mafters of veffels ibid
Mafters, &c. of veffels fhall deliver of tobacco (hipped, to the collector ibid
Shall forfeit S°°£' ano^ 20£- Per hogfiiead for cauiing any other perfon to take the oath ibid
Storage of 546, 557
Proprietors of warehoufes, to keep them in good repair 551
Shall provide weights and fcales 546
The judges of the inferior court, fhall examine the flate of warehoufes 55T
Shall regulate fcales and weights annually 55 1, 555
Shall appoint infpe&ors, at the warehoufes in the county 546
May difmifs infpectors on complaint or continue them - ibid
Certain counties empowered to recommend infpectors ' 55$
The governor fhall appoint, if the inferior court does not 547
How to be appointed in Richmond county ibid
Infpeclors fhaii give bond and fecurity and take an oath 547> SS°
"When, and how long they fhall attend as infpeclors ; 547
Their duty ♦ ibid
Tobacco notes fhall be printed; form thereof 548
Size and weight of hogfheads ibid
Hogfheads fhall be well hooped, coopered and branded 551
Infpee~tors fhall keep hands to flow away tobacco 548
May employ them in coopering $$6
Shall burn refufe tobacco tinder penalty of fifty pounds 548
Shall give receipts for transfer tobacco, form thereof 549
Shall receive no additional fees ibid
Shall fuffer no fires near the warehoufe ibid
Shall be adjudged felons for iffuing receipts for tobacco not received ibid
Shall prize and deliver the transfer tobacco 550
And receive two {hillings per hogfhead for infraction ibid
Allowance to pickers — the'ir oath 3-52
Coopers' fees—penalty for overcharging ibid
TREASURERS
"His fees 230, 234
TREASON
Defined by the conftitution of the United States 6z6} 657
TREATIES
With the Cherokee and Creek Indians,- at Augufta in 1773 6c I
With the Cherokees, at Augufta in 1783 603
With the Creeks, at Augufta in 1783 605
At Galphington in 1785 607
With the Cherokees, at Hopewell in 1 785 609
With the Cho&aws, at Hopewell in 1786 612
With the Chickafaws, at Hopewell in 1786 615
With the Creeks, at Shoulderbone in 1786 618
At New-York in 1790 622
With the Cherokees, at Holfton in 1791 626
At Philadelphia in 1794 6?o
With the Creeks, at Colerain in 1796 gaa
With his Britannic majeily in 1 783 £ja
7>a INDEX.
Page
With the king1 of Spain in 179^ 678
UNIVERSITY OF GEORGIA
Truftees nominated 560, 563
Board of vifitors defined ibid
- The two boards united, ftyled " The Senatug Academicus'* 560
Incorporated 561
All public fchools, confidered as members of the univerfity 562
Forty thoiifand acres of land granted to the truftees for its ufe 333
The Senatus Academicus (hall meet annually at the univerfity 561
Shall pafs all laws, &c. necefTary for its government ibid
Shall appoint a prefident of the univerfity ibid
And fupcrintend the literature of the Hate 562
The board of trultees lhall manage the property and funds, belonging to the univerfity 561
Shall fill vacancies in their board, and appoint its officers - ibid
Shall regulate the courfe of public ftudy, and fix falaries ibid
Shall with the prefident, confer honors, degrees, &c. 562
And (hall recommend public meafures to the legislature ibid
All the officers of the univerfity lhall be of the chriftian religion 561
Shall tike the oath of allegiance, and oath of office ibid
Shall be, together with the (Indents, exempt from m litia duty 562
Religious fentiment, to exclude no perfon from the advantage of education ibid
BETHESDA COLLEGE,
Or Orphan Houfe eftat'e, veiled in Selina, a countefs dowager of Huntingdon 5^4
After her death, veiled in thirteen truftees, who are declared to be a body corporate. 5^
Truftees nominated, who lhall account annually with the governor ibid
ACADEMY
Eftabliihed in Chatham county 564
All vacant land in faid county not exceeding 5000 acres, referved for its ufe ibid
Truftees nominated ibid
Shall receive 400^. from Zuberbuhler's eftate, in lieu of all claims thereon $6$
Eftablilhed in Sunbury, in the county of Liberty £(§6
Commiffioners appointed, and authorized to fell confifcated property 5^7
Shah give bond andfecurity to the governor ibid
Eftablilhed in Louifville, in the county of Jefferfon pid
Commiffioners appointed, with pov/er to fell certain lots 'hid
May purchafe icoo£. worth of confifcated property 5^
Shall erecft an academy 'hid
And account yearly with the governor !hJd
VAGABONDS.
What perfons lhall be deemed vagabonds , 5*9
May be compelled to give bond and fecurity to labor, or committed to jail 'bid
May be bound out by the fuperior court, or whipped, or inlifted 'h'd
Criminals fleeing from other ftates, adjudged vagabonds 57°
VENDUES,
Vendue mailers at Savannah, Augufta, Siinbury, St. Mary's, &C. 57°» 57*
Shall give bond and fecurity, and lhall account with the treafureir 570
Penalty for failure therein * 57'
On other perfons, felling within two miles of thofe place? jbid
Not hinder fales by executors, or adminiftrators P&*
They lhall not fell out of their diftri£ls~~their compenfation 1."1."
Monies, how recovered from them ™w
INDEX,
Vendue makers, way be appointed by the corporation of Savannah
By, in the inferior courts in other places
WALDBURGER, BARTHOLOMEW AND JACOB,
The eftate of Bartholomew Zuberbuhler, veiled inthem and their fitter Henrietta Hofkins
WAREHOUSES,
For the reception of Tobacco, eflablifhed at Augufla, at Arrington's, at New-Savannah, at Hard-
wicket the mouth of Ogechee, at Louifville, at George Town, at Galphington, at Lexington,
at the Rock Landing, at Mount Pelie, at Greenfborough, at the town of Wafhington, at the
mouth of Broad River, at Sweet Water iron-works, at Paces Ferry
At Savannah, at Sparta
At Peterfburg 553,
At Lightwood Log Creek
At Cold Water
At the mouth of Broad River, on Thomas Walton's land; in Richmond county, on the land of
Ezekiel Harris
At the White Bluff on the Oconee River
On Reuben Eafton's land, in Elbert county; on James Hughes' land, in Lincoln county; at
Darien, on John M'Intofh's land; at the Long Bluff, in Wafhington county
In Elbert county, on Webb's land; on Wilhite's land
In Oglethorpe, on John Griffith's land
Page
572
ibid
$65
WARREN COUNTY
Laid out and defined
Public buildings made permanent
WASHINGTON COUNTY
Laid out and defined
Commifiioners of court-houfe and jail appointed
Public buildings to be at Sanderfville
WASHINGTON, TOWN OF
Laid out, and commifiioners appointed
And authorized to fell the town common to fupport an academy
WAYNESBOROUGH
Laid out in the county of Burke
WESTERN TERRITORY
Sale of, to certain companies, declared to be unconftitutional and corrupt, and ordered to be
expunged from the pu lie records, and burnt
Other documents relative thereto, expunged and burnt
The faid corrupt and unconftitutional acts, grants, & c. under k not admifiible as evidence to
eftablifh title to any part of faid territory
Money paid into the treafury on account thereof, not to be confidered as part of the public funds
of the ftate, nor entered on the treafurer's books
May be drawn out, by producing certain vouchers
May be drawn by agents or attornies, by taking an oath and producing certain papers
and vouchers
Attornies, executors, &c. need not take the oalh refp^dling papers
Citizens' rights or treafury receipts entitle the holders to draw
The governor fhall draw warrants on the treafurer in their favor
546
553
554
555
ibid
556
557
ibid
559
ibid
166
17?
33°
15.7
170
J 4.1
'3.4
578,579
579
2$, 582
579
58S
ibid!
580, 582
7*4
INDEX.
Page
Abraham Baldwin, James Jones and Benjamin Taliaferro, empowered to fell part of the Weft-
tern Territory to the United States, on certain conditions 584
The fame perfons, with James Jackfon, empowered to fell certain parts of the faid territory to-
the United States, on fuch conditions as fhall appear to them to be beneficial to both parties 586
WHARFS, SHIPPING AND PILOTAGE.
Rates of wharfage 587
Veffels lying in the port of Savannah, how to be moored 590
Harbor, matters to fuperintend the fame ibid
Shall employ perfons to raife cables of veffels lying improperly ibid
Shall infpeft wharfs, and decide difputes between matters and wharfingers ibid
And prevent ballafts and rubbifii from being thrown into rivers, &c. • ibid
Shall examine and regulate public landings, and be fworn 591
His fees ibid
Fines, &c. how recovered and applied ibid
Perfons fued in the execution of this act, may plead the general iffue ibid
Scales, weights and meafures to be regulated by the clerk of the market ibid
Perfons having falfe weights, &c. to forfeit ten pounds 592
Wharfingers to be fworn ibid
Commiffioners of pilotage appointed for different ports ibid
Vacancies to be filled by the governor ibid
Shall appoint and licenfe pilots ibid
Shall decide difputes between pilots and captains of veffels 593
May remove pilots from office 594
And fix the rates of pilotage ibid
Pilots fhall give .bond and fecurity, and take an oath 593
Shall be anfwerab'e for damages happening through neglect or want of fkill 594
To be recovered in courts of recoid, if under one hundred dollars ibid
Who bring a veffel in fhall conduct it out of port 595
Shall moor, the veffels ibid
May pilot to another port - ibid
Matters, &c. of veffels, refufing to take a pilot on board, fhall pay the ufual rates of pilotage 594
Shall give fecurity for the outward rates 596
Perfons fued for the execution of this act may plead the general iflue ibid
Fines appropriated ibid
WILKES COUNTY
Defined
WHITE BLUFF
Congregation empowered to fell certain lands for its ufe
WILLIAMSBURG,
Town of, laid out in the county of Glynn
Commiffioners appointed for the town — Their power and duty
60, 6l
140
ibid
WILLS AND TESTAMENTS,
Punifhment for detaining of
Shall be proven in the court of ordinary
221
219
WITNESSES
Free from arreft in civil cafes
294-
WORKHOUSE
For the cuftody of negroes
Commiffioners appointeds with power to Dominate a matter thereof
596
ibid
INDEX,
His fees
He may employ negroes in faid houfe, or whip or iron them
He fiiall furniih materials — profits thereof appropriated
He fltall puniih Haves as their mailers direct
Fugitive Haves ihall be fent to their mailers or to the workhoufe
WRIGHTSROROUGHj
Town and common of, afcertained and confirmed
Commiffioners appointed, with power to fell 150 acre lots
And leafe the common for five years
The money arifing therefrom applied to fupport a feminary of learning
They (hall lay a ftatement of receipts and expenditures before the grand jury
Commiffioners to be elected biennially, on the fecond Monday in May
WRIGHT, SIR JAMES,
His commiffion as governor of the ftate of Georgia
Page
597
ibid
ibid
ibid
ibid
131
ibid
ibid
ibid
ibid
ibid
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