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Full text of "Digest of the laws of the state of Georgia, from its settlement as a British province, in 1755, to the session of the General assembly in 1800, inclusive"

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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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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 

• 








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, 
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 ' c g^ at ^ vc J 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& frnr l~ 
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 «5 tic «i** a ^° tne y? 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 £?,*g h i°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. bintV on 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_ % g t <\ 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. 

pabi e of4 inc t* 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. 



btidmorV hHl1 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*^J B * 
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. £ath dcnt,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. 

JS te * 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" a mcnd- XXVIII. A committee from the council, fent with any propofed amendments to 
wenu. an y j aw 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 o vi "" u 

cy t to°the secre ' tne executlv e council, it fhall be the duty or the governor, and he is hereby obliged 

council. t o adminifter the following oath, viz. 

The oath. <. -^ ^ g ^ Q f ] emn iy f W ear, 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. ^ carr y 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 betw 7 een the legiflative and executive bodies, the fame 
^tiv^coun 5 '' 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^rnor 6 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 



rti S siSis?rt e ir XXXIV. All militia commilTions fhall fpecify, that the perfon commilTioned mail 
continue during good behaviour. 



fo 3 rmed on * 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. 

Snuatfon d of on " 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" 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 ,ch ^. of the ftat ^ as the i egiflature fli a i] 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- gg r & ineIi #" 
ture. 

LXI II. No alteration fliall be made in this conftitution without petitions from a LTtobe * 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££238 y c f the 
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 o ne 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 

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?cria be 4- i n cafe of the death, refignaiion, or difability of the governor, the prefident of 
cased wean- t k e 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. 5 t 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 
ywe a theA*- 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 
g n rc c em-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 t c /£c c tr£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 MARSHALL 3 
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 r s e - 
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, Jun r 
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- T heit ":^ 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 ™j r °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 
?ion e to° 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^ihaumeet 1 " 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*for B as- 
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 he Theoathof 

.-'■ 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 w T aters 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 neverihelefs y That nothing herein contained Shall be conltrued, So as to 

The legislature J * ,' O f . . 

authonzedvto prevent a Sale to, or contract with the United States, bv the legiflature of this State, 

sell a certain r ' 1 • n \ c 

Stedstates U " °^ an< ^ ^ or a ^ or an y P art °^ 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 ' -alfo 9 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, b r c h ^" ,,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, tr ea «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. J udicia! 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!or of co&rt 
pofe, or by impeachment and conviction thereon. The fuperior court fhall have tHre e ye£», 
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 P ow- 
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 of Prov: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. ft atec i 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;onsbyt i ie 
es of the legiflature ; and when the Senate and Houfe of Reprefentatives unite for ^ n t e ra b e A by cm " 
the purpofe of electing, they fhall meet in the reprefentative chamber, and the prefj.J 011 " 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- 

vifion 3 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^atltkr e 5' Freedom of the prefs and trial by jury, as heretofore ufed in this flats., fliall 
Ixfetfeao. rCma hi 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 &r ri 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;^ "" 1 " 
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>et P o SS «- 
and avoiding of fuits, Be it further enatted, That all and every perfon and peifons ?ea n ™°J^S3 tr 
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 manner 1 ." 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 ? nd S 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 ; P ar - 

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 ' "£ u *™o! s s 
or in any other court having power to hold plea of the fame, after the palling of this thandairases 
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 \ e Sr' 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, 

fiae S Tnd V fo7fe°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- 
^'c y '7th 5 juiy ven hundred and feventy-five, and it may happen that the ftatute of limitation will bar 
cnhestnut e ut: 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 ; 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" / 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*w r ]fL ht3 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- 
sonL e propeuy." fi ce °^ $* 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. 
dtiL b ns" 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 a jj en or p er f on 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 -™ ms J t 

WHEREAS k doth frequently happen, that " '^rdinary tranfeaions be^ - 
tween individuals of this ftate, contra^- :\ e enter ^ mt ° f ° r the P a X ment f 
fpecific articles, which contraBs may hav* 'i" eit ^ er ver ; bal r f r ^ ntten ' and ^"l 
great difficulty and uncertainty has ~r ur u re 1 in the tnal r of , f " ch cafes ^T" ° f 
juftice, in af/ertaining the tin/-™ ^f -u P Tl S i£ 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 Hou f e °f ^prefentative^ ™ Genial Affembly met, ******* 
That on ever- Jond 5 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«rs P er 

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 

„„„ u a r~.,. n A ..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 

n a 1h C T m) ;' 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>, fuc h attachment, w Inch being retii A ~ ; cxccutcd Lhe court may by or- 
der compel luo, vcr{ - Qn to appear alK l anfwer as aforcw . ^ d where an lbn in 
whofe hands any a* t or effe a s may be attached, (hall deny . m ^ v* 
having m his hands any ,<f c a s of fuch debtor, it fhall be lawful ^ h e pj a j nt jtf [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, an d 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 
sufiig e it.°" !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 the co; 
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 eel 1 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. 

m l i«iVn°ofat- & c u therefore enacted by the Senate and Houfe of Reprefentatives of theflate of 
i°t£l es stattf 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 a forefaid, 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 u dg es 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 
tea n,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"J c - 
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 f e _ 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 P e«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 . ..... n l . _,. ■. 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™t m 
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 f e t at liberty; and for the fecond offence, are hereby declared to be felons, and 

>^out te'aestfh a y] 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" " am s 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 c ji t i ons 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. ^ j nc [ fr e 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 .du 
taken to be a public ordinance, and fhall be judicially taken notice of as fuch, by all na 
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 R i g i. 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*fveral e i>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 
cxce e P t e Beav e r 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 fhall Ce " ,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 ^be 1 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, Ra t esoftoJi . 
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°er a 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. 
TumpHance 110 ' 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 ° r r /& r i. 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°m cut 
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*m S t 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. |f u "u y T|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-^,1 5 
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, CMIWliM f S , 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 a C3 nah 
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 
^n r aiT" 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\™VWon n e 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. 
tompeiVinK 5 3- -Aha 1 ^ 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. P art y 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. j n 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 J r boakfb!r 1 thM 
are intended to be (hipped, who are hereby directed and required to avouch, and pu,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. 
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 juft eat1 '' 
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^^** 



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 c hail 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 f " r iwE?«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 ^f fl p r ° t u *£ 5 
forfeit for the firft offence, the fum of one hundred pounds, one half to go to (^ c s e E ^ d for 
the informer, and the other half to go to the ufe of the academy within the county ' d '£ 1 t I h s > 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 
riwouffittri 1 ?* an y 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 
ofundon C ce e r- ma j or i tv or " them, fhall, and they are hereby vefted with full power and authority, at 
sain terms. an y t j me a f ter t j-, e f a ij fi r fl- 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"fto b£k e - 

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. 

*" W HEREAS the White Bluff con g re gation, 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 ? !i U trS«M ». 
Henry Yonge, jun. William Mofs, Robert Smith, James Hume, Willliam j orm £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, W r iliiam 
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 W T atts, 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?f S mum d - 
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 tne i r property and poffeffions, both real and perfonal, 
LYnS'eEsr an ^ k bein S lli g hl y reafonablc, that the eftates real and perfonal, of traitors who arc 
f ^MitntL 'h ereh y 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£T 3 * 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£n h by*u CT ' 
fhall exercife the powers and duties by this acl given and required; and each board fo a6t " 
conftituted and appointed as aforefaid is hereby authorized, empowered and required Th-.rdut T . 
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 or CrediUrs . 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* P Tai t °e thc 
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 - a V?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 t C o°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 
s a°" s afbeL'e tne ^ a ^ Doar ds refpeclively for difcovery of the premifes, fhall negleft or refufe to 
summon 011 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 offiC er M- perfon or perfons mall conform themfelves and fubmit to be examined as aforefaid; 
inywmmons 6 and if any officer or officers fhall refufe to give obedience to the precepts and orders 
°«bjcc\to a a rd of the faid board refpeclively for the due execution of this act, then, and in every 
poui?ds fifty 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 f ons fo indebted or liable as aforeiaid, who fhall nested to difcover and make known 

ifiake known ' O 

withta^y l ^ e i ame to the faid boards refpe&ively, within fixty days after the pafiing and pub- 
afffto f r rfeit is lication of this afl, fhall forfeit double the value of any fuch debt or debts, fum 
in u d b a1so P er- 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 J n °o£L a dch^ 
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"keep he 
fonal goods or chattels fo fold, and of the buyers' names and places of abode, and «r tifi C ai Cs g t<I e 
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 thereupdn Ter msofs^. 
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 ^ ever y * 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«S S emore Provided neverthelefs, That no one perfon or any perfon for his or her benefit or ufe, 
fi h ve*nejm!2r fhall have a right or be permitted out of any or all the fale or fales which fhall or may 
or fifteen 6 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°e f 5 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 
chfiTto U re- 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. 
fi S cat"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 ^ f ree °^ 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- |^f ^ 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 b o U h n e s a e : 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- Rea i estate* to 
ally be fecured, affured, and confirmed to the refpeclive buyers; Be it enabled by the Y \£f C Kdit, 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»dc S , 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. 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. an d 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. 7 i 

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 S eTvkra«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£eda 8 w 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- SS r ^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 £° rs a °f tn ^ e £ t 
with intereft from the day of fale, at the rate of eight per cent, per annum, and the p r ^ 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- S ises s -.*£ r 4 t °- 
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 theVate U and 
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 ali Wiliam 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 

toremrk owe 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 

Ta th ak * 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 ^ b e 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, and pub!;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 p rMm we, 
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," fhall s with- 

2 



7 6 



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 °y ears - 
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- £i s °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 at t*eir e optfoa. 
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 p urcIiaserre , 
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. " 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 ™\ e l r nd ^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"e n r?g"?bo]° y 
Heaton, Ifaac Downie, Thomas Beatty, Robert Porteous, James Spalding, Alex- ci;iz£1,shi P» 
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»oit 9 bepaid 
mentioned perfons, for the ufe of the army or payment of any of the foldicrs, £ha v ll 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 feven statc 
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- f r "^"/ 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. 
N r c o s ™rt t! o l f at- ^' ^ n ^' be'it ' further enaBed by the authority aforefaid, That it fhall and may be law- 
ivi n y r be? "rcha- ^ ^ or an - y citizen of this ftate, or any ofthe United States, to purchafe and bring in- 
stat°. utofthe to ^ lls ft ate ? 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. 
t F vfdTo"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 per S son» s ef i. Be it enabled by the representatives of the freemen ofthe /late of Georgia in General 
^jh«nes h , e coa-" 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 ^^ e ft ates to tne amount of twenty-two thoufand one hundred pounds fpecie. 
poundt 1 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- rf ie 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 
Storr 5 Thomas Retd 2 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 M 4 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:n 5 
James Douglafs, William Du'rgin, James Hunt, John Young, Robert Tiiman, 

2 



8 4 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, 
fhe ni .'ate f tode- J onn 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 
the n Br°tu!i^£ ft ate lixty days after the paffing of this a8, or fhall return to this ftate, the go- 
Gum°y n of 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 aa 5 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 a nd 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- f a id 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^ityTH ie {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 
2feaf ac ° 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 thence 1 :' 
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-^ (< i 1 ^ 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; "' 
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 S5 0ven,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 Tem r° rar 5'. 

O ■•''.*. . support to t:i- 

wives and children of numbers of the good and faithful citizens of this flate ran S!l?S s °L b ^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- T T be: y Ic!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 der sy- 
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- 
" 8 s n . 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- 
mostubera e i 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 b M r<* 
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- 
<;oBfiscated 0f °^ ■> m or der therefore to remove all doubts on this head, Be it enacted by the repre- 
rd"io^lnquh\\f enia ^ 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-Kii p under d th? 
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 P ur- 
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 



9 3 



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^u 10 5- -^nd ^ e it further enabled, by the authority afore/aid, That any perfon or perfons. 

£to£"L fi dVn- w h at f° 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* 

«ti e tobc'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 t tj£^ tq « 
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 S a ? 
confifcated property, the commiffioners fhall wait three days for the purchafers to ^' m r in r th _ re e 
comply with the terms of fale, and if not done within that time, the faid commiffion-P eit >' 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°Ks e '^» 
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- !;f d hf i ' h $ ndr 2 1 
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( p u ' 0Ililil < bt - 
regularly collected in gold or lilver coin, and nothing elfe and fo much thereof as may 



9 l 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 tiie e " 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 
i i ren°h t( 'amido- nece ^ ai y criar g e or remitting the annual intereft of the continental quota, the refidue 
meitic'debt. ma n De ] et out a t 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 

contraa r ed ebt9 an y account whatfoever, except for confiscated property, fhall be held and confi- 
ry^sHX 1 " ^ered, an d the fame are hereby declared to be due and owing, and payable in 
?u!« c«S ld 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!- f uch 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 give m certincate» 
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 W i lichatet0 
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 No 1 ce r tific f Le "„ 

: , 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 } &i STf 
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, £s r tothfboSi 
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 
£c lff to V be?£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,uic s r 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\'!t an foi alfpw 
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. £omh S twelv<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 ; tobe e pl«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 iSf 1 " 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°"nd e S ec r u- ter the rate of eight per centum which fhall accrue, as well upon the fum annually due 
KrLt orn 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 S Mi 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 „ ' 

?r C a r c e t s b n rufeof a ^' m all 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- ex pcnce 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 

0BC t 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 
lhe a u- £ e as"^ 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 

"•F e L c ,-" 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.rcS e one 
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 e g^^ a 
empowered, to p u rchafe property at the fales aforefaid, to the amount of two diou- e ^ r P°^^ 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 - r e«- 
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^^ / 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 (jeor S ia l)l (general AJJembly met, and by the authority oj the fame, That 
S b i e by tte e * n a ^ ca f es where a foreclofure of any mortgage has been or fhall be complete, wherein 
symnuwioaers. t fr e 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 
I e uat4"- hve crec ht 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? f erv i ces 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 Mus t 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 mountofone a " 
fum of one thoufand pounds each, for the encouragement of public fchools, but P i ; 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'l 1 '- 2,1 ' 9- And whereas a number of perfons have purchafed confifcated property, which 
ww« c nas not b^ 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 P ro f>erty after payment as aforefaid. Provided, That this fhall not extend to 
moun"t c h« 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 to n " 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 as 1 
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 M i Leod, 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 met 3 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 Sin ' 
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£Tue e 
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 this ralidin!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 df Re4wB f e : 
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 bc r 
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 



/ 



ii 4 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, negroes 3 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 

"and t s g ul'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 ^ df i in,! ?<- 

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 dower 5 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. m 7 

@>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 f Prearoble - 

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 
acre n s g of r tiir n fembly* by any fit deed or conveyance in the law, by them or any three of them, to 
touTgaSui 1 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 sir c j p am« 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 th r ^ 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, ufe mone y- 
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° S hed the faid town of Savannah, that the boundary of the back part of faid lots fronting 
^iurn r d rt hoard 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 the nah 
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 E ieaW»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% p^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 veffel d,,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°r n of 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. 
atVof UC i h 7 89 t a ! f 4- And whereas experience hath proven that fo much of the aft for regulating the 
cor a p"ationof townof Augufta, and to amend an aft, entitled " An aft for regulating the town of 
cd su: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^hereof 1 * 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£a j an( j p er f ona } ? as ma y 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 7 th, 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 sav p an- 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 t G 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 



CORx D ORATIONS 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 

city r 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"nd 0f o r£ ' 
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 E i eaict)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°ces r ofthe 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°rc S l iTop'o e - 3« And be it further enabled, That if any perfon fhall offer to vote, who is not. 

ducea-certifi- k nown 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. 
S r Au|uta e£t 9- And be it further enabled by the authority aforefaid, That the truftees of the town 
^ madeuni of 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 « m K«. 
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/" Ma y° 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 a pp° int m1 ™- 

1 . J 1 iiii . 1 . ° s ers t0 P reslde 

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&c 1 . 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^nd s pen- an d 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?x p °n n a*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 the "' 
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 ]^t ™ d ' t a p " 
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 the ukeal,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 legiilature 3 the refidence of the governor, the fecretary, treafurer 5 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^a w ^ n f 11 ^ P ower an d 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^ST 1 

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™ oTo e ne 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^ P ur - 
or title in fee fimple for the fame. 

3. And be it further enabled by the authority aforefaid, That the commiffioners in ^ m f 7 h ^ 
purfuance of this act fhall be, and they are hereby authorized and empowered to difpofe f e °St n fiv* 
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 g 1 * 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£7 tw9 
receive or expend in purfuance of this acl, and the grand jury of fuch county fhall ex- receT P n ts n and f 
prefs their approbation or difapprobation, on the conduct of faid commiffioners. bX-cthe 1 ' * 

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 

ofi78ono a tbe»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~ 

^-V h erted s in 0be $ 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 y outn 5 an d 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 J uri her enacted, That the faid commiffioners, on the fales and refine - 
ney ch a a ndrnay 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\4 n <M dl 
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 v f , :V, 'k us " 

JO D_ ... .-' ta, and the mo- 

hereby required to caufe to be laid and admeafured out, likewife in the faid town, " e * ^ in e 
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 ^ y mi\a-k 

.". .0 *...'. . te d 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- 

Burke g c h ount y . war d Telfair and John Jones are hereby declared and empowered as commifiioners 

feuno p t°ex e c r eed. ^ or carrying into execution the intentions of this ati, for laying out a town on the 

d n rld7o », h to 1 ' 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. 
« c n res t for s the d 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. 
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 ° t n h t0 
tofore made, of more or leis, than an acre, be confirmed. And the faid truftees are AndtoselUou 
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' e mal!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 of prea[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'to L '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^ 
^"iTastrus 1 " 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^ r f {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 D y e -l aws of the faid city ; and they are hereby alfo authorized to appoint a-clerk, 
t °,^[ : "*] a a ri e d s fix 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 
no a Mo et be?e- e l ^ e perfons refiding therein P\Prov.ided, That nothing herein contained fhall authorize 
sieved. ^he c - lt y 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. anc j 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- ^ c a Ton rs tfw 
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, 1 t ° t aaas 
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- P raaicc. 
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 to dircaiwu 
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- trar y n o tw i tn ftanding. Provided always, That in all cafes above thirty dollars, either 

in"fi^atr;-P art y ma 7 require a trial by a jury of twelve men, which mall be final, and in future 

*iVap^sto n be 4! appeals in the faid court (hall be tried by a jury of twelve men, any thing in any 

-.ried by jury. f ormcr a ft ? to t i lc contrar y 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 lm P ann el juries for the trial of all caufes, who fhall be refident within their 
^i^ ot junfdi£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. 
£ c tyc"uncih?f 3* A n d to limit and define certain powers heretofore veiled in the corporation of the 
Aueu S ta,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®^ !*! 
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. over d Great Ipe 

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 B a J<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 ofthefame 9 That it fhall and may be lawful, and ofwLiS°n. 



j 4 a 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 
in a tov?nnah ie ir£ 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 yea rTy 

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- veils J Samuel Stirk, John Houftoun, George Badl Spencer, and George Jones, and 
pSt«df pJ 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- 

churchat 1 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 "^ r b / ^ 
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 r f£ 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. ti 7 

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=dl ncorpora 
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 have T,,eir P° 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 fums r ° 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 M 4 CuIlough, 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 r urt her 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, be e efou r d"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 aft 5 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. 

lS lon ridies 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 4i Thepa- 
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 Is to n4 
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^ f to h ^!^ 
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> nt y ° 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 

a 799- . 

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- " 
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 trcasur y- 
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 the andsecuri,: *- 
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 authori ty °f the f am *, That David Hall, Jofhua Leper, Samuel Ryals, 
Lurt-hwse 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 
T ian re o C f°s r a1d he poffible in conformity to the original furvey or plan thereof; which furvey fhall be 
comty n su h iW 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«. OC3insaid ers 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 
M ria n ted a nTtiw mon i es 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- pjj e( j towards building an academy in the faid town 5 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- S a yl linston 
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°,!are in r; c &. 
Wynn, Joel Walker, and Henry Wood, be, and they are hereby appointed commif- coS.ou°e tll<: 
fioners to fee that the fquare as reprefented in the faid plan, be accurately admeafured an ,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 Wood 5 be, and they are hereby in s s - 



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- 
borou n h Ricc * tlons neret °f° re ne kl, 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%outa S /^ 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^oney p to' y cenr ° rs m office, fliall and may lay out into lots of fuch fize as they may think pro- 
a h courwloS4 f per, the aforefaid piece of land, and fhall fet up and expofeto fale, within fix months 
comity 1 / 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 °! t] ^ 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 arifing M 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'th / !ur " 
commons of the faid towns, but have been as often defeated in the caveat courts of to ^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-^j 1 survf r* 
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! c ancount f -*■'* 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/<f s p and the 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 ipp i ythe 
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. 

t C o°fix m o ! ,fL oner9 of) it being at one extreme end of the county : Be it therefore enabled by the Senate 
ceXe n ofthe e 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- 
KdiVnd jority of them, (hall have power to lay out any part or all of fuch land as aforefaid, 
ney't'oereTa i nto l° ts of fuch convenient fize as they may judge molt proper; and mail expofe 
anal^r 166 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. fh a j} be k nown 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 
ikbuiidin e g p s ub *of holding courts, eleftions and other public bufinefs, fhall beat the town of St. Ma- 
are completed. r y^ un ^\ ^ place be fixed on by the commiffioners aforefaid, and buildings ere£ted as 

aforefaid, and no longer. 
suhw 1 -* 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 ilQ rth 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?the b couege 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- c °un* b uidout. 
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 ^f 9011 
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- a v;i a ndm;ii- 
firmed in their coramiffions. >^S rst0 

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 of h ^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. W1 th 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^ t uc a c n T t, 
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 ^£ u c t oun ,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^° r r ^° t "^ 
of Bryan, to be hereafter appointed, are hereby authorized and empowered to con- ^ r c e ^ of 
traft with proper perfons to undertake and completely finiih a court-houfe and jail for d ou?ny to tIx y , 
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. "* 
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 j s 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- T t ! o ,r ^°5 c ' 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 ■ • J i J 1 r 4 1 m . J J ^ Jefferso* eaun. 

Georgia in General AJJembly met, and it is hereby enacted, That a new county ^fi a n g d out *"* 
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' l eaTof' e iib- 4* ^ ^ e it fir t her enacted, That the permanent feat of public buildings in the coun- 
washllf'tOT in l Y °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 
&ouI S vi;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 t e aZ"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^tkeiT ' 
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.theSseol xf6 ' 
hereby authorized and empowered to levy a tax on their refpetiive counties, whi:cH] : a < iu, t the"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, 

Mtes s ofertrays mto tne hands of the clerks of the fuperior or inferior courts, by fines, or forfeitures, 

ti^mepur- 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™ounty S 6. And be it further enaHed, That all laws, or parts of laws, claufe or claufes here- 

taxes repealed. to f ore ma c[e 5 or f ucn p art 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 

fr c«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 Reprefeniativcs t 
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-^^ e to0 ^ 
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 of Comm 

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'hetoin 6 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 p s u !n °^ Bryan fhall be, and they are hereby authorized and empowered to make perma- 
Bryan county. ne nt 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 fi e 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, ^f inBul " 
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 
ded sa to d G," e ene' °^ tne af° re f a id nn e, 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. k e 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 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*L on «- 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!nt n y^ 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 Ramey 5 
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£ oose t a £f t r " fo £ 
Rogers, Drury Jones, Stephen Denmark, John Cook, and John Everett, be, and^ t ^ c in 
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 '2 s - 
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 

t ains s t their a " or keep U P anv dams or banks to flop up the natural courfe of any water or waters, 
•urgent f 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. 
pelce e to°sum' 2 ' And be itfirther enabled, That in cafe any perfon or perfons fhall make or 
hoMemo f de e -' 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?a h by d th r | tained by the complainant, either by fuch dams or banks being kept up, or by letting 
offending par- Q ff ar] y re f ervec [ W aters, 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 Personssuet i 
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 Affembly s 

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"'forfe d it- M arcn m eac ^ year, open the dams which keep up the water, in a fufficient mannef- 
idfOTocsiea. f or 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\1Ims e and 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. 
fln a Vb f tmc- " 3* And be it further enacted by the authority aforefaid, That it mall and may be 
*ff"ui^iuT 8ins lawful for any perfon, at any time between the faid fifth day of March and the firft 
■water, fay Q f 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£o b- 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 ?he M tfrat 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 by 1 ™ 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 . f ree ^ 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 ^f s b i™ 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 ,T e h wone"£ 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, * ee P" 



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 - *$ n d be it further enacted by the authority aforefaid. That all the powers hereto- 
^i'ingi'ubiic 01 "tore veiled in the treafurer, to enforce the collection of public monies, fhall be, and 
momes. ^ f aire j s h ere by 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 two e year S 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 y ears ? "" 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'thV c 
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 

'-4J43 1 
r "5 433 

l6 |435 
r 7j437 
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|53 r 
3I53 1 
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 

26j 5 26 



Jul* 



1 1526 

2 526 

3 526 
4!5 26 
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 

53 1 

532 

53 2 

532 



Auguft. 



M532 7 

2 53 s 9 

31533 * 

533 

533 
533 
533 
534 
534 
534 
534 
534 
535 
535 
535 
535 
535 



lb! 



DEPRECIATION. 



The Table of Depreciation continued. 




2 3 547 



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. 



2 3 
798 3 '24 
803 3125 
808 4'-* 



s -l 5 



5 8,8 5 28.1117 6 

6 823 6 



J 9 



02a 7 

833 7 
838 s 

8 43 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° 4 2 3 



Februar 



_yi2 5 

955 5 26 

961 527 

967 528 

973 5i 2 9 

979 5 3° 

9 8 5 5|3i 

99* 5 

997 5 

1003 5 

1009 5 

1019 5 

1021 5 

1027 5 

Io 33 5 

I0 39 5 

I0 45 5 

1051 5 

^57 5 

1063 5 

1066 5 

io 75 5|i3 

1081 5I14 



i 2 3 7 

129 2 

134 8 

140 3 

J45 9 
151 4 

<57 
161 5 
168 1 

173 6 

179 2 

184 7 
190 3 
J 95 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 

Ji 95 3 
1294 9 
1294 5 
1294 1 
I2 93 7 
I2 93 3 
1292 9 
1292 5 
1292 1 
1291 7 
i2 9 r 3 
1290 9 
1290 5 



24J1286 

2 5 |l286 

.6 1285 
1285 
1284 
1284 
1284 



6 

7 7 
3 

9| 9 
5 1 ° 
1 11 

7 12 

3 *3 

9 J 4 
5\ l 5 
1 16 

7 z 7 

3 

9 

5 



May. 



J 9 



284 
286 
287 
288 
290 

2 9 I 

293 

294 

295 

297 
298 
3OO 
30I 
302 

3°4 
3°5 
3°7 
308 

3°9 
3" 
312 
3i4 
3 l 5 
316 
318 

3*9 
321 
322 

323 
325 



23 

24 
6|2 5 

It 

4,27 



4 
8|n 



June. 



1326 

x 333 

1340 

I 347 

1354 



361 

368 

375 
382 

3 3 9 

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 

6 55 
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 
95 l2 5 

10 5'55 

11 5186 
1252:6 
1 3' 5246 

Hte^fi 3 

J 5 'S3° 6 7 
l6 ;5337 * 
x 7 53 6 7 4 

18 5397 8 

19 5428 2 

20 5458 6 
215488 2 
22:55 J 9 3 
23 ! 5549 7 
245580 1 
25J5610 4 
26 ^640 8 



3i 



5 7 0i 5 

573' 9 

5762 3 

5792 7 



April. 
3 5824 1 

2 5899 4 

3 5974 8 
4^6050 1 
5, 6t2 5 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 

80 93 6 

8094 6 
8005 6 
8096 5 
8097 
§o^8 
8099 

8 100 



8102 

3 3 
8104 
8.05 
8106 
8107 
8108 
8 i0 8 



9 

27 8109 9 

28 8 no 8 
_,29 8m 8 

6 6200 9J30 81 12 7 
7J6276 2J3118113 7 

8 6 35> 6 

96427 
io;6 5 o2 3 
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. 

trfdbet e wee"" 1< "R E ^ ENACTED by the Senate and Houfe of Reprefentatives of the ftate of Geor- 

b"n d k re ^d M Ma"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- 

tswuhedf 1 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, trefpafs t 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 L e P ar S a^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 or Prapertyof yj ? 
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 be hw * 
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- wifo bethhls 
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 B enj*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 at person 
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 



19 6 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 
wuTbfa 3 " 3- And be it further enacted, That the faid Mary McDonald is hereby declared to 
ftme-aoi«. j^ a f eme .f ]e 5 an d fl ie 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^rd f be entitled to dower, thirds or other portion whatfoever, of or in the eftate of the 
*>wcr ng tJ f a id 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 

»hew S and Mar- an d 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, c p n"it£ns§ aret: ' excc P l * uc " as ma y 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 - ic i M ar- 
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 F hD '^'j^; 
Mathews two other difinterefted and qualified perfons, and the governor of the ftate j nce9b f,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^d t^ 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 

be a twe d enAh! 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, 
57slny c f »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)"[|"/ ; ion tl «! 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 t k at 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 > nt y - /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 r voct 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 w s a a,^ 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 f n r o^™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,;p d M° 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 influenceS s u to d ob-. 
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 ca i ,acitaud « 
which he may be elecled. That if any perfon or perfons whatfoever, fhall on any Ar , yP er S cn 
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 ; ";!feS k " fender or offenders are convicted of fuch offence as aforefaid, then he or they (hall 
donir™Hi cd respectively for each offence, forfeit a fum not exceeding one hundred dollars, and be 
tS" d ta?£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"°e n st hf e °f tne county is hereby required 'to levy fuch writ forthwith. That no civil officer 
ilw'dayf 80 " 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,°seaied r u P 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 , i t n ex " 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 ex p re f^ not exceeding two dollars per day. That the governor or commander in 
!hau V co1Stup chief, for the time being, fhall within five days after the expiration of the faid twenty 
liecilre te the n r er- ^ a y s herein before allowed for making returns, count up the votes from the feveral 
^roctma e tlon y 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°s Lve orc 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- 
^aioaf w * n a 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 ^* %^ 

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 nth 5 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 s i iaIi 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 rihg r E obdbeh"" 
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'tatlw 6 
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 mb v 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. f lom 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 ^ y eSr J 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^.*if a 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 f uturC) all ele&ions fhall be by ballot, and the time of opening the elections for fena- 
lioHaHl m tors J an d 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 ^" fi c £^ ,,<>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- Cont i n aan« 
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 A n»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 purc ha*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 the poum1 ' 
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(' e s S!"S 
time poffefled of certain negro (laves, to wit, Chany and her nine children, Billy, Syl- £ r n"f!^,!!, ;e y 
via, Francis, John, Polly, Richard, Betfey, Anthony, and Peggy; And whereas, theIS ms,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 * ^ n d 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- 
^7e c nceL e S ft^ e y i* or David, fhall t>e tried for fuch offence in the fame manner, and be entitled to 
vinte persons. tne f ame 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 '" * 
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, PersoriS 3 Cmn g 
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 ° a iue u oflLh 
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 theda y° 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 ^ h v ^tr e ay! 
law fhall be conftruedas to prevent the original owner from receiving the amount of 0wnermayre . 
fales of fuch eftrays, on application and fatisfactory proof thereof being made to faid " v u e nt 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 of Prea ' 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* c 5 „^"^ 
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»o l ds°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. 

«ce f t y ob7|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«™y e rdea- 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 tV gra n-. 
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 ^'thsfrom 1 
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- dend n t d o d bI'" 
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 W10n s- 
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 onmoney e rW 
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» an d 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- *^° h f £g cte 
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 f ^,^ e T r , 
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" 1 iJfeir t i^6p?flbWd6rV6^ r ^i3 3 ^ widow, the whole fliall *;g£h£^ 
go to. the" child or children. If neither widow, child, or children, the whole fh all ^ n thenextof 
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 ? S ea 
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,^of t c « 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 of e t i«wifev«, 
and. eighty-live, the real eftate belonging to the wife fliall become veiled in, and pafs b c an<£ 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™«f n a g dmimv 
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- aforefaid r That the- judge or judges of ^ t ers ;^ 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; r 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,uMy C to he - 5. And be it further enabled, That where the regifter of probates applies for letters 

i T c1offi&. 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 A n & 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 

SK 1 ^' 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- 

feUone L ^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 
™ y cxe™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£f r 
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» f ha!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 e H until the meeting of fuch court; and the faid court mail alfo ^rant; fuch letters in 

grant tempora- ,, r . tr't • o" 

*y letters, a u 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" 6 y ice 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 -any 1 " perfon marrying any couple without fuch licehfe, or publication of fuch banns, fhall 
a e co^e ^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. 
RepSiig 1 ' 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 
SEer 1 * 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> ns t forne- 
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 e ivc 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 in nd 
regifter fhall direft the executors or adminiftrators, to make outan exact inventory Q f 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 it valut - 
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 ']h tration 

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 P erMns 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 ^ tn e adminiftrator with the will annexed, fiiali enter into bond, with good 
how! and ,wu- ajlt i 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 is 4 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 will 3 as far as the faid goods, chattels and credits will extend, or the law require^ 
fevaii lla tt e thc 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 K H-H>ond 8. And fuch adminiftrator fhall 'alfo enter into bond with good fecurity^ to be ap- 
.u.d security. p 0mtet j fry t j ie re gjft er) 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 t J ^^d tcr 
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,her r maria g e, 
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 ;r r ' 

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^^f 1 ^ 



TiMOtlll 



Executors 111 

own 
wronj;, ho^V 



224 



EXECUTORS AND ADMINISTRATORS. 



The art of 
jyth February 1 , 
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 col T 
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^ u t t r ° a r t s ' r s& 
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 ^ enquire into the abufes or mifmanagements of all guardians, executors 

int l o 1 a C bu ! sxs r , e & ap d 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 or phan committed to his care. And where it (hall appear to the faid court that the 
ta r teofin h or." annual profits of the eftate of any orphan is not fufficient for the education and 
[idMuomai'n- ma i nten ance 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\ c to 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* i n 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'orpiun 6 committed, fhall die fo chargeable, his, her or their executors or adminiftrators, fhall 
perion ea s i e aii be compellable to pay out of his, her or their eftate, fo much as fhall appear to be 
the'uexicu- ' 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 acres a 
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. su WE o«. 

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 an d 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. a 3 i 

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 tile 1 
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 frorfl 3 
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 fociety 3 
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 _ ... ar e to |)e rea- 
der and by virtue of this act, fliall be recovered, by action in the fupeiior or inferior ^« e d dandi f 

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- ™Vm e fe f ?t r four' 
formed, every fuch perfon fo offending, fhall forfeit and pay to the party aggrieved, ml^u ** ^ 
four' fold the fum fo illegally charged 5 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» 
v cofts 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 
may r l°vyT ts General Affembly met, and by the authority of the fame, That the inferior courts of , 
defrayVan^'ra the feveral counties in this ftate, are authorized and required to levy annually a county 
xpen n cl rd e a r . 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£ e g oye°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 

«wVs e ulc nin wnereD y 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 ? n ny 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 a P - 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. v j ew anc j a pp ra if e 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. 
to a be es n'^'din 0t 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^ ma j m5 h urt5 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. 
™to C bedl d P u- 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 ion 3 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 t own atMiiI * 
over Brier Creek, one at a place called Milltown, and the other at the upper public a nd e o" e A a U t eusta 
roads ; alfo a ferry from the centre of the town of Augufta, upon Savannah River, fo^nulS 2 ' 
to the bluff on the oppofite fhore, in the province of South Carolina; and alfo a f er _ 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- n s hedlt estab " 
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 and r a°noth°r V at 
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!'n 6 regu '' 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 

g e y rs°. 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- f °^™^" e n u " 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 
carriage 5 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 juftices tobch " 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?"m der7en. 
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 $ :hurc i , wa f 

_ JO 1 r dens, deacons, 

further enabled, That the church warden or churchwardens of each refpeclive parifh, £ c r :.o™HaMe?* 
and the deacons, elders or felect men, of other places of public worfhip, fhall be obli- t° carr y anr '*» 
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 takemort g a g e» 
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 refolve s 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 

enabkd S todi- 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 f 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 v j ce 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- 
cmzenso C f c tws 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 a6t 9 

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- ?4feifthe r 
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 mor e 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.aky d 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^f d contain three hundred and twenty-two pounds grofs .weight, and the ftaves of the 
grol ounds 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°two n ga" or water; and every barrel of turpentine fo made and fold as aforefaid, fliall weigh 
wE^hfour eto ^ 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 " re l 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 m a Ls- e barrel or barrels of pitch, which fliall be brought to market, or expofed to fale, the 
picionoffraud. p er r on ^.j^ fj^jj treat f or t j ie p Urcna f e 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?and f aiso 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 r a ] e? f| ia u a jf 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 for v 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- ^f t r % r fy' 
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- &=• im P r °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 2SSSX cr3r 
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 . t o 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 
g arre i, f 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-| ia j| ^ p ac }- 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 A n & fr e it further enabled, That the brands to be ufed by the feveral packers and 

with the name *J J . -, . ^ *~ 

fthep.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 

i ennh? 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 \\ t j me to t j mc? 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-reco V ered. 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. 
^ a r?c e o 8 terback 4- And for the better difcovery of the monies or things fo won and received, and 
gamin y gr o com y . to be fued for and recovered as aforefaid, It is hereby further enaHed, That all and 
'verrte ^ 1500 " every the perfon or perfons, who by virtue of this prefent att fhall or may be liable 
»ountonoath tQ ^ ^ ue( j ^ ^ r ame? n^u a }r Q ^ 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$jg c * 
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?f r ^,ff|!:" 
gaming, Be it further enacted, That in cafe any perfon or perfons, upon account of^^,f a f ; 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, f uc } i " n i ,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 TaV ernk Ce ?. 
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?b t ,'&c°u- an y 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. t j ie y j s anc j are ] iere |-)y re q U i re( 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 

»ita n la. 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. 

^ c otherp^ 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 f on 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 

{i h 4 'wmds fL t1ne l arae 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'fas ce 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 # ^ n fi i e 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. s 55 

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, Tavemkec P er S 
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 how1n U bfre-, 
heretofore ordered to be levied on the offenders againft the aforefaid afcts of Alfem- «£« edawU P-" 
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 ^ t n b t -^ 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 *' "R E 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. 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 ' . 

buubi trtot 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!no u r'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 licenfe 9 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$f a f i°!£h|' to murder any free Indian, in amity with this province, is by the law of the land as penal 
fr h e e eTh«e r p°e f * 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- 
«oi e n^itted n for 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?™™^ *®* 
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 'SmSS 60 " 
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 ^i e tl ^ a c « 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- r y' ine - or?t - 

J !!•■ , J ■ 1 \ • 3 -i i ■ i 1 r 1 r . • <*-mptm R 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£ r b £ 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?or itf 
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 
?krs C totean-' the temporary line of this ftate, the name or names of the furveyor and chain car- 
pfatshereafter riers fhall be annexed to each plat. 

*vit b hi™h d e e ime. 4. And be it further enabled, That the law, dated the thirteenth day of February, 
i7b"t c oa P noint 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'pro 6 - ^3 in General AJJembly met, and by the authority of the fame, That from and im- 
iute; n iawfni is to 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^ntVJf 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 Sectaredto n be' 
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^oificers 8 * 
commonly called the Appalachee, in the neareft direction to the head or fource of the an 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 ^™fp e r o' 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^a 1 
colonel; and fuch allowances and bounties' mall be made in good faith to the differ- ^thtounTy 6 . 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' * 
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 



s6 2 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. 
«aem S ,,crtor 12 - ^ n ^ be it. further enacted, That an infpeecor general, with the rank and emo- 
therlnk w pay 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 
tiifsamrrank 1 , 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 eac k am ^ iant as mau De approved as aforefaid, fhall have the pay and emoluments 
toinvethe f 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 

^"d e an V d°equip- raa y appoint,, completely armed and accoutred, on or before the firft day of Febru- 
D«eri«rsnot ai T next : And -provided always, That no perfon deemed a deferter fhall be entitled 
bou«ty dto to an y 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 ^^ f u bftitutes : 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 be cat " # 
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 ^i nt t e d .j t a11 
general mufter of the faid regiment at the town of Wafhington, within three months ^J^ b r ^ d ty 
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 attending 3 , 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 - %/ t J 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" ? C ccm. 
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, 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 
ues ei onand?' 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" s enti- 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. tn i sa & 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$ *jjf cl ° r ^% 
parcel of land fouth of the Oconee, and within the boundary line defcribed in a nd arctobcBiaa ' : * 
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 

ma b yb"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 f or 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. f are f ^ £ ate . g e ^ ena ft ea \^ -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 tbe Twent7thou . 
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 ^ r n i ° t therdis - 
form one other diftrict ; and that a furveyor fhall be appointed by the legiflature for ^ e s a urv *>; 9 t r J% 
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 rf t y d in"hree cu " 
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 moreswraorf tb6 

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 1 3- -And be it further enacted, That it fhall be the duty of the furveyors to be ap- 
first r recorded 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 a P . 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 ^ fc t ^g d 
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™" e ndcd! 
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- T hreecommIs - 

*-' *^ , *■*■_■*■ * 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 ^ 1 e di ( e * c t e r ^ 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 September 3 cd ' 
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 -d av 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 
tenter 1 *" 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 
sr p e°" e 7i«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^ e a r ny n c ' n X' 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 t h e a bie fo tii e 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 enatted t 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 the 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. 



2 7 2 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. 

hdd r [wicc b ! 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. 

^ey 5 ,ind a 'o Hci- 5- ^nd be it further enabled, That the judges, attorney general and folicitors, fhall 

meefa n n e n a iii y 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 ma y k e re f erve( j f or 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 

beforc e t s i 1 t em d m one °* tne P u °lic gazettes, within nxty days after fuch trial fhall have taken place. 

Superior * ^. 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 be wr;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 fame y the proceedings fhall not be discontinued; but the clerk of the faid courts ^? a u K . 
f effectively ; fhall and may adjourn the faid fuperior courts from day to day, not e x- 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 ^ 1 s , sa ^ kc 
tice for all parties, practitioners and others, in the faid courts, which fhall be the fame rules,&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 g s £.. 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 fhalU ivilc ? £ . estob 5 

• 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 g r ant a continuance thereon until the next term; and no writ, petition, return, pro- 
eu a 4'mXl d " ce f s 5 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. 
& e sfnotes, 12. And 'be it further enacted, That no per fon fhall be permitted by the court to 
cdoniyen 6 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 1 3* 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 
wontiIs e . 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 
pfuje y P artfes, 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,!ias r tka 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\h p . 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 » e e. 
fpecial bail at any time before trial ; but no emparlance, advantage or delay fhall be"me onp a y- 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 



s 7 6 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 ^ an d void; and all goods, chattels, lands and tenements, fubjett to fuch 
KpieviX y 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- w here the fame fhall appear to be of a perifhable nature, on motion of the plaintiff 

hire it may be rl r . , . r 

«ourt y onierof or 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, or r .. 

J ? .'''.''. n r Evidences may 

out of any county wherein his teftimony is required in any caufe, it mall be lawful fe"k t e a no"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 of T hecourtm*y 
all caufes, on motion and due notice thereof given, to require the parties to produce £I r er» b to° 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 Ma y rerpetliatc 
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 c ° ra rt ' 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 the c $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:^r c 

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. 



2 7 8 



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. 
.~nycor b - e 2 .8- And be it further enacted, That the clerks of the feveral courts are required in 
c"^su h n y de?u, e P r efence 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! 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 , T r 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 2 o. 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 ARr andjuryto 
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 if 1 " 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 te r n h days P before 
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 ^ n v 



de- 

wha.t 



the minute book of fuch court, of the appearance of all jurors, and likewife fhall g, a e n d H i ertl 



2 8o 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 ^ fo e ^ f ur i] 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 
«duf t the P r"ndJ ur y ^ °^ tne county, and flruck in the prefence of the court, in the following man- 
*!iruck uwtobe 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 pafs 5 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£° b e n £ 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 JO 7 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. 

sheriffs saics 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. 
* 9 attor"ey duty 44* ^ nc ^ ^ e it further enacted, That the office of attorney general fhall be, and is 
fn?hieepcr t . 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. 
,n f ^esdidto? 45- And whereas, it may happen that neither the attorney general or either of the foli- 
or attorney c Jt ors 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-' j u dg e pending may, and he is hereby authorized and required to appoint fome attor- 
therattomey. ne ^ at j aw ^ 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. *8 3 

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 toSjf eea: " 
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* a t ««» 
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- v d"th ! ofa y to execu te and return the fame; and in cafe of the death of either of the faid fhe- 
pMUeJtoadun r iffs tne deputy or deputies fhall continue in office, unlefs otherwife fpecially remo- 
te ^vacancy is VG ^^ anc j fj^^j execu t e 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( ,. . 
fhall have like powers and authorities; and they and their under fheriffs and jailors, arfe