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Full text of "A digest of the statute laws of the state of Georgia : in force prior to the session of the General Assembly of 1851 : with explanatory notes and references, and also, with notes giving the exposition of the statutes by the Supreme Court of the state"

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LYRASIS IVIembers and Sloan Foundation 



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A DIGEST 



OF THE 



STATUTE LA¥S 



OF THE 



IN FORCE PRIOR TO THE 

SESSION OF THE GJjlNEEAL ASSEMBLY OF 1851, 

WITH EXPLAT^ATORY NOTES AITD REFERENCES ; 



AND ALSO, 



WITH NOTES, GIVING THE EXPOSITION OF THE STATUTES, EY THE 
SUPREME COUUT OF THE STATE; 



TOGETHER WITH 

'AN APPENDIX, 

CONTAINING 

THE CONSTITUTION OF THE UNITED STATES; 

THE CONSTITUTION OF THE STATE OF GEORGIA; 

THE STATUTE OF FRAUDS AND' PERJURIES ; 

THE HABEAS CORPUS ACT ; 

THE JUDICIARY ACT OF 1799 ; and 

THE LOCAL LAWS APPLICABLE TO EACH COUNTY, 



COMPILED AND PUBLISHED UNDER THE AUTHORITY OF THE GENERAL ASSEMBLY, 

BY THOMAS R. R. COBB. 



VOL. I. 
ATHENS, G A, 

PUBLISHED BY CHRISTY, KELSEA & BURKE, 

1851. LAW LIBRARY 

UNI\^RSITY OF GEGRGIA 
ATHENS, GEORGIA 



Al^Rl 1935 • ^^ 

V. i 



^^^ 



Entai-ed according to the Act of Congress, in the year 1851, hj THOMAS H. R. COBB, iu th. 
Clerk's Office of the District Court for the lN"ortheru District of Georeria. 



i'ower Press of Christy, Kels^a & Burke. — Athens. 






PREFACE. 



\ 



The Compiler presents to tlic people of Georgia a Digest of their own 
StatutQ Laws — published and bouM within the limits of their own State. 
The fact that this is the first effort to publish such a book at home^wnW be a suf- 
ficient apology for such typographical defects as may attract the attention of 
the practised eye. Injustice to himself and the Printer, he must remark 
that the punctuation and structure of sentences are given as found. Obvi- 
ous errors are sometimes corrected in brackets ; but many have been noticed 
of such a character as would render such a correction improper — in some 
cases impossible. 

For the more important and less easily remedied defects in the work itself, 
which the scrutinizing and laborious investigation of able counsel may make 
manifest, (and such there doubtless are.) the Compiler can render no plea 
save that which the justice and charity of every mind would suggest, that 
perfect accuracy in digesting the mass of Legislation which our Acts of the 
General Assembly present, is an object diligently to be sought, but scarcely 
hoped to be attained. In the thousand cases of doubt which have arisen, it 
has been thought best rather to err in inserting doubtful law, than in omit- 
ting what may be lav/, leavingit to the properly constituted tribunal finall 3^ to 
decide the question. 

The Compiler congratulates himself and the people that such a tribunal now 
exists — and that he has the good fortune now to give in his work — that, the 
necessity of which his predecessor (Mr. Prince) lamented without being able 
to supply — its authoritative construction of our Statutes. 
■ In the preparation of this work, he v^as, to some extent, pledged to the 
Legislature to follow the arrangement and plan of Mr. Prince. He has done 
so. in some instances against his own sense of propriety. In all cases he 
has retained the two prominent characteristics of that plan — the alphabetical 
arrangement of the titles, and the chronological order of the Statutes. He 
lias been forced, however, from the great increase in the volume of our Stat- 
utes, to adopt, under maiiy titles, a system of subdivisions, and thus-, in sep- 
arate Articles, to collect the legislation more immediately having reference 
to the same subject matter. For instance, when, in 1820, Mr. Prince adopt- 
ed '' Judiciary" as a title, the Act of 1799, with a few amendments, made 
that title compact and of easy reference. In 1837, Mr. Prince's second edi- 
tion, giving the additional amendments to the Act of 1799, rendered the title 
rather an involved one, and the reference more difficult. To have retained 
all the legislation on that subject under the general title, in this work, without 
subdivision, would have made the ''Judiciary" a Cretan labyrinth to the young 



IV PREFACE. I i 

lawyer, or the more unskilled officer. The same may be said of other titles. 
The system of subdivision into Articles, removes this difficulty. In carry- 
ing it out, the Compiler has avoided, as far as possible, the dividing or cut- 
ting up of Statutes. In the case of the Judiciary Act of 1799, this was im- 
possible. He has sought to remedy this difficulty by inserting that Act in 
full in the ''Appendix," (page 1135.) 

Another feature in the plan of the work, requires a passing notice. Such 
Statutes as are omitted from the text, as obsolete, repealed or superseded, 
are referred to at the end of each title, and the place where they may be 
found — thus giving at one view all the legislation on the subject, as well that 
not in force, as that of force. 

The Compiler asks from the profession and the public, a patient examina- 
tion of his work — sufficient to see clearly his plan and the execution of it. 
If after that is done, their judgment condemns, he will not appeal from the 
verdict. 1 

His thanks are due and tendered to the many friends whose generous and 
liberal counsel and aid, have tended to lighten his labors. 

Athens, June 24, 1851. 



Athens, Oct. 15th, 1850. 
To HIS Excellency Geo. W. Towns : 

Su'j — Pursuant to Executive appointment, we have examined the Digest 
of the Statutes of Georgia, now being prepared by Thomas R. R. Cobb, Esq, 

In dischargmg this duty we have carefully looked over the digests and 
compilations of our Statutes, from the settlement of the Colony to the year 
eighteen hundred and thirty-seven, and the pamphlets of the laws from that 
year to the present. We have omitted all laws which, in our judgment, are 
obsolete, superseded or repealed, but where doubts exist whether a Statute is 
of force, it has been retained. And we think, we can safely say that there is 
no Statute of Georgia of general operation, now of force, which will not be 
found in the Digest. 

The plan and arrangement of the work is simple, plain and intelligible, 
presenting all laws under appropriate heads, so as to make them readily ac- 
cessible almost without the aid of an index. And the Avhole execution of the 
work bears abundant testimony to the accuracy, ability and carefulness of 
the Compiler. 

In recommending it to your Excellency, we hazard nothing, we think, in 
saying that it will more than realize the expectations of your Excellency, the 
Legislature, and the People. 

(Signed,) Francis H. Cone, 

Junius Hillyer, J> Committee, 

Edmund H. Worrill, 



TITLES AND SUBDIVISIONS. 



tt 



ACADEMIES AND FREE SCHOOLS, 1 

AFFIRMATION, 8 

AGRICULTURE AND COMMERCE. 

Art. I. Agricultural Board, 9 

** II. Beef, Pork, Naval Stores, &c 10 

III. Boats and Crews, 14 

IV. Cattle, 17 

V. Cotton Seed, IS 

VL Fences, 18 

" VIL Flour, 19 

'' VIIL Indigo Weed, 21 

" IX. Lumber, 22 

" X. Millers, 25 

" XL Rice Dams 25 

" XIL Seamen and Mariners, 30 

" XIII. Shipping and Pilotage, 33 

*' XIV. Tobacco, 53 

" XV. Turpentine Business, 64 

" XVI. Weights and Measures, 65 

ATTACHMENT AND GARNISHMENTS, 69 

ATTORNEYS, 89 

AUCTIONS, 92 

BANKS AND BANKING. 

Art. I. General Laws, 97 

" 11. Central Bank, 1 23 

" III. Private Corporations, 145 

BASTARDY, 1 48 

BOUNDARY, 150 

CESSIONS TO THE UNITED STATES, 153 

COAST SURVEY, 155 

COINS AND CURRENCY, 157 

CONVEYANCES AND REGISTRY, ..158 

COUNTIES,. 162 

COUNTY FUNDS AND RECORDS, 190 

COUNTY OFFICERS, ^. ... 197 

DEAF AND DUMB, ^. ... 219 

DIVORCES, \ 223 

DOWER, 227 



VI TABLE OF TITLES AND SUBDIVISIONS. 

ELECTIONS, 232 

ESCHEATS, 249 

ESTRAYS, 256 

EVIDENCE. 

Art. I. Interrogatories and Testimony de bene esse, 264 

" II. Records, and Documentary and Written Evidence 270 

*' III. Witnesses and Oral Evidence, • -276 

EXECUTORS AND ADMINISTRATORS, COURTS OF ORDINARY, 
POOR, MARRIAGE LICENSES, &c. 

Art. I. Courts of Ordinary, 281 

" II. Distribution of Estates, 287 

" III. Executors, Administrators and Guardians' Duties, 299 

*' IV. Idiots and Lunatics, - 342 

V. Poor Laws, 346 

VL Wills, .347 

FEES, , 349 

FOREIGNERS, .' 364 

HEALTH AND QUARANTINE LAWS, , 369 

INDIANS, 377 

INSOLVENT DEBTORS, 379 

INTEREST, 392 

INTERNAL TRANSPOP^TATION. 
Art. I. Railroads, 

1. General Laws, 395 

2. State Road, 400 

3. Private Corporations, — '. . .423 

Art. II, Steamboat and Canal Companies, 

1 . General Laws, 426 

2. Private Corporations, 430 

Art. III. TuR>jpiKE and Plank Road Companies. 

1. General Laws, 431 

2. Private Corporations, 434 

JOINT STOCK COMPANIES. 

Art. I. General Laws, 436 

'' II. Private Corporations. 

1. Insurance and Trust Companies, 441 

2. Land and Lumber " 441 

3. Manufacturing "... 442 

4. Mining, '' 443 

5. Steam Mill " 443 

6. Miscellaneous, 443 

JUDICIARY. 

COURTS OF GENERAL JURISDICTION, 

SUPREME COURT FOR THE CORRECTION OF ERRORS,. . . .446r^ 

SUPERIOR AND INFE Rl.CR CCUP^TS. 

Art. I. Judges, Sessions and Adjournments, 457 

** II. Jurisdiction. 

1. Common Law, 462 



TABLE OF TITLES AND SUBDIVISIONS. vn 

2. Equity and Equity Practice, 4G7 

Art. III. Action. 

1. Commencement, Abatement and Dismissal — Sci. fa. to make parties,. 470 

2. Bail in Civil Cases, 477 

3. Parties,. 48^ 

4. Pleadings and Proceedings pending Action and herein of Amend- 
ment, Arbitration, Set-off, &>c 485 

5. Verdict, Judgment, Stay of Execution and Appeal, 493 

6. New Trials, 503 

7. Costs in Civil Cases, 504 

8. Execution, Illegality, Sale and Writ of Possession, 508 

AuT. IV. Bills of Exchange, Notes, &/C 519 

" V. Certiorari, Injunction and Ne Exeat, 52l> 

Citizenship and Residence, 530 

Claims and Forthcomimg Bonds, 531 

Computation of Time, 536 

Coroners and Inquests, 536 

Corporations, 540 

Habeas Corpus , 543 

Joint Tenants, 545 

Juries, 545 

Liens, 554 

Limitation op Actions, 559 

Mortgages, Foreclosure, &c 570 

Officers of Court, 573 

Partition, 58 1 

Partners and Partnerships, 584 

" XX. Possessory Warrants, &c 590 

'^ XXI. Sureties and Indorsers, 592 

" XXII. Usury, 600 

COURTS OF SPECIAL JURISDICTION. 

Art. I. City Court of Augusta, 002 

" II. City Court of Savannah, 617 

'' III. City Court of Darien, 634 

" IV. Police Court of Savannah, 636 

JUSTICES OF THE PEACE, 637 

LAND. . 

Art. I. Ancient Grants, 655 

II. Errors in Grants, 656 

III. Head Rights, Land Courts, &c 660 

IV. Lotteries, Reverted Lots, Reserves, 681 

" V. Processioning, •. 716 

LAWS, (Compilation and Pvevivai of,) 719 

^ LOTTERIES AND GAMING, ^^ Ito^'''^ 

LUNATIC ASYLUM, .^^^h^^Tf^^ 

MAGNETIC TELEGRAPH, V^^ ^C^^S^ 

MILITIA, /Lr, <^C^73 J 

.w Of 





VL 




VII. 




VIII. 




IX. 




X. 




XI. 




XII. 




XIII. 




XIV. 




XV. 




. XVI. 




XVII. 




XVIIL 




XIX. 



({ 



(I 



vin TABLE OF TITLES AND SUBDIVISION S. 

PEDDLERS,-,.. 77S 

PENAL LAWS. 

Art. I. The Code and Amendments, 778 

^' 11. Offences not embraced in the Code. 

1 . Burying Grounds, 846 

2. Change Bills, 847 

3. Deadly Weapons, 848 

4. Fraudulent Levies, • 849 

5. Gunpowder Packages, , 850 

6. Interference with Rail Roads, 850 

7. Interference with Religious Worship, 851 

8. Vagrants, 852 

9. Vice and Immorality 853 

Art. hi. Acts Relative to Criminal Proceedings not embraced 

IN THE Code , 855 

PENITENTIAPc Y, 866 

PHYSICIANS, 886 

PUBLIC DEBT, 893 

RELIGIOUS SOCIETIES, 899 

RENT, 900 

RIVERS. 

Art, I. Generally, 903 

*' II. Savannah and Tributaries, .905 

'' III. Ogeechee AND Tributaries, 916 

" IV. Altamaha and Tributaries, 921 

'' V. Chattahoochee, Flint, &c 931 

" VI. Coosa AND Tributaries, 938 

" VII. Big Satilla, 941 

" VIII. NOTLEY, 942 

ROADS, BRIDGES AND FERRIES, 943 

SEAL OF GEORGIA, 959 

SERVANTS NOT SLAVES, 961 

SLAVES, PATROLS AND FREE PERSONS OF COLOR,: 964 

STATE OFFICERS, 1022 

TAVERN AND RETAIL LICENSES, 1037 

TAX, .- 1040 

UNIVERSITY AND COLLEGES, 1082 

APPENDIX. 

I. CONSTITUTION OF THE UNITED STATES, 1097 

II. CONSTITUTION OF GEORGIA, ....". 1111 

IIL STATUTE OF FRAUDS, 1127 

IV. HABEAS CORPUS ACT, 1131 

V. JUDICIARY ACT OF 1799, 1 J35 

VL LOCAL LAWS 1144 



DIGEST 



OF THE 



LAWS OF THE STATE OF GEORGIA. 



ACADEMIES AND FREE SCHOOLS/ 



Sec. 1, Property exempt from Taxation. 

2. "Withholding Academy Funds. 

3. Defaulting Commissioners. 

4. Surplus County Funds. 

5. Teachers' Accounts. 

6. Supervision of Grand J\iry. 

7. Common School Fund. 

8. Poor School Tax. 



Sec. 9. Duty of Inferior Court. 

10. Education Fund. 

11. Annual Distribution. 

12. Previous Accounts. 

13. Judges to charge. 

14. Notice of Keceipt. 

15. Ages of Beneficiaries. 

16. Counties not making returns. 



An Act to exempt from Taxation the Real Estate belonging to the 
Academies of this State. — Passed 18th Dec. 1820. Vol. lY. 5. 

Sec. I. From and immediately after the passing of this Act, all Real estate 
the real estate belonging to, or attached to the different Academies ^.^g^^^^^'^ 
of this State, shall be exempt from taxation, together with all such from taxa- 
Academies as may hereafter be established — any law or usage to the ^^^^' 
contrary notwithstanding. 



An Act to amend an Act entitled an Act to point out the mode under 
which property reverting to this State shall he disposed of and 
for the promjOtion of Literature^ and for the encouragement of the 
County J.ca6^emies.t— Passed Dec. 21, 1820. Vol. IV. 246.— [Ob- 
solete.] 

*For Act declaring valid certain deeds made by Commissioners of Academies, see 
" Conveyances and E-egistry," sec. 41. 

fThe compiler would note that he has omitted the Acts of 1792, and 8th Dec. 1810, 
authorizing the Commissioners of the several Academies to purchase one thousand 
pounds value of confiscated property, as being no longer of practical use or importance. 
He has also omitted the various Acts appropriating money, and the Act of 1808, reserv- 
ing Lots Nos. 10 and 100 in each Dist. in certain Counties, for the education of the 
Poor, conceiving that the following statement of the present condition of the Poor 
School Fund, derived from the Executive Office, would be more satisfactory and usefuL 

The only Poor School fund now subject to distribution by the State, is the fund rais- 
ed by the Act of 1843. (See sect. 3 of that Act.) All the fund is now distributed in 
proportion to the number of poor children returned, as provided in that Act. In 1848, 
sixty-six Counties made returns — number of children, 23,106 ; fund to be distributed, 
$20,041 00. In 1849, seventy-nine Counties made returns — number of children, 30,- 
862 ; fund to be distributed, $19,278 15. 



2 ACADEMIES AIND FREE SCHOOLS.— 1821-'25. 

Poor School Fund. — Penalty on Defaulters. 

An Act for the permanent endoitmient of County Academies, and to 
increase the funds heretofore set ajjart for the encouragement and 
support of Free Schools, and for the internal improvement of the 
,SVt?/e.— Passed Dec. 21, 182h Vol. IV. 9.— [Obsolete.] 

An Act to dispose of and distribute the Bank Dividends and other 
net proceeds of the Poor >School Fund among the different Coun- 
ties of this State.— V^^^ed. Dec. 23, 1822. Vol. IV. ll._[Obso- 
lete.] 

An Act to distribute certain funds among the several Counties in 
the State, for the use of Academies, and to provide a method of ob- 
taining further information concerning endowments heretofore 
granted. [1]— Passed Dec. 23, 1822. Vol. IV. 2.— [Obsolete.] 

ihi Act to be entitled an Act to alter Qnd amend an Act passed the 
twenty-third day of December, eighteen hundred and twenty-two, 
to distribute tJie Bank Dividend and other net proceeds of the 
Poor School Fund amons^ the different Counties in this State. — 
Passed Dec. 22, 1823. Vol. IV.' 14.— [Obsolete.] 

An Act to compel persons holding Academy funds in their hands, to 
pay interest in certain cases. — -Passed Dec. 20, 1824. Vol. IV. 22. 

2. Sec. I. All and every person or persons, who now has, or 
wShhoid- hereafter may have, in his or their hands, any money belonging to 
ijig Acade- academies, other than the trustees of said academies, or persons en- 
to' pay 20 titled by law to have the same, which has arisen from the sales of 
])(■!• ecnt. confiscated property or otherwise, shall pay at and after rate of twen- 

pel' ajiiniiii r L J i i. J 

ty per cent, per annum, until they shall have settled and paid the 
same to the trustees of academies, or other persons entitled by law 
to have and receive the same. 

3. Sec. II. Any person or persons, whether trustees, commission- 
ar-s,* or agents of any academy in this State, who shall refuse, when 

Cuinmis- r€<]dired by a majority of the trustees or commissioners of said acad- 
^loiicrs, emy, to pay over to the treasurer or other person appointed by s?dd 
commissioners or trustees as aforesaid, within ten days after demand- 
ed, all sums belonging to said academies in their hands, shall be li- 
able to pay the same interest, until paid, as persons in the first sec- 
tion of this Act subjected to, for holding funds, unaccounted for, any 
law to the contrary notwithstanding. 

An Act to authorize the Justices of the Inferior Court of the differ- 
ent Counties in this State, in certain cases to draw for and dis- 
pose of the Dividends of the Poor School Fund to ivhich their 
Counties may be respectively entitled. — Passed June 11, 1825. 
Vol. IV. 31.— [Superseded by Act of 1843.] 

*For mode of appointment of Commissioners, see " County Officers," sec. 26. 

[1] Incorporated Academics arc private corporations, althoiigli sapportcd in part by the 
State. 3 Kdly, 383. 



ACADEMIES AND FREE SCHOOLS.— 1827-'33. 



Surplus CJounty Fumls — Teachers' Accounts. 



An Art for the relief of th(' several Counfics hi iJiis State^ in vihieh 
the Conimiissioners of the Poor School Fiinr/ shall hare fnled to 
make their returns in confonnity icith iJie latv. — Passed Dec. 21, 
1827. Vol. lY. 43. — [Superseded by Act of 1843.] 



An Act to he eiitithd \n Act for the ttetter disirihiitiou and applica- 
tion of the Poor S hool FiuuL and to point oat the tnode of ac- 
conntiufT for the dishnrseinent of the Acadeiitij and Poor School 
Fnnds*.— Passed Dec, 22. 1828.' Yoi. IV. 49.— [Superseded l)y 
Act of 1843, except sectiou 10.] 

4. Sec. X. The Justices of the Interior Courts throughout t! lis ^■;'^;;^;;^^;j 
State shall have power to order an appropriatiou of any part or por- surplus 
tion of the sur])lus County Funds in aid of the provisions now, orf^jiJ|V\o 
which may hereafter be made, for the benefit of County Academies, academies 
ar the education of poor children. chudler.! 

Ill la'\vs militatinor aarainst this Act are herebv re])ealed. Rcpciiiing 



Clause 



An Act jnore effectneilly to define the duty of the Ti-ustees of the 
Poor Scliool Pnnd^ in the respective Complies of this State, — 
Passed Dec. 22, 1829. Vol. IV. 56.— [Superseded by Act of 
1843.] 

An Act to provide for the more eqnal distribution of the A'-ademie 
Fund among the several Counties of this Sfftte. — .Parsed Dec. 
24, 1832. Pam. 20.— [Superseded by Act of 1843.] 

An Act to amend an Act entitled an Act to distrihnfe certain funds 
among the several Counties iji this State, for the use of Acade- 
mies, and to provide a more equitable method for the distribution 
of said funds. — Passed Dec. 23, 1833. Pam. 9. — [Superseded 
by subsequent legislation.] 



An Act to amend em Act entitled an Act for the better distribution of 
Poor School Funds, and to point out the mode'tf arconnting for 
tlie disbursement of the Academy and Poor School Funds, passed 
22d December, 1828.— Passed Dec. 23, 1833. Pam. 237. 

5. Sec. I. From and after the passage of this Act, tlie Trustees 
Off the Poor Schools in the several (bounties of this State be required Tcaciier's 
to reject the account of any teacher of a poor child or children, un- ^\^'^\?"*'' 
less the same sliall set fortti the munber of days each child was so the nuiubei 
tauglit, and to require the same to be proven before some Justice ol"^^^'-^^ 
the Peace, or Justice of the Inferior Court. 



te 



<^ Under Act of 1843, distribution is made 1st January each year among the countic 
loJifirt' returns have been made. See sec. IV. of that" Act. See, also, note to sec. I. c 
tlii;-. title. 



cs 
of 



4 ACADEMIES AND FREE SCHOOLS.— 1834-'40. 

» -fc — ___— ■ 

Trustees' Accounts — Poor School System. 

Trustees' 6. Sec. II. It shall be the duty of the Trustees of the Poor 
go to Gr'nd School Fuiids ill each County, to submit to the Grand Jury of their 
J^-y- respective Counties, at the fall term of the Superior Court, an ab- 
stract containing the receipts and disbursements of the moneys drawn 
by him as Trustee, which shall be accompanied by the necessary 
vouchers.* 

Sec. III. All laws militating against this Act are hereby repealed. 

An Act to amend the several laws of this State on the subject of the 
Poor School Fund so far as relates to the tmies of disbursement 
by the T';7^5fe6'5.— Passed Dec. 20, 1834. Pam. 167.— [Super- 
seded by Act of 1843.] 

An Act to amend an Act, passed the 20th December, 1834, on the 
subject of the Poor School Fund, so far as relates to the aiTears 
to be paid out of the Poor School Fund. — This Act passed De- 
cember. 26, 1835. Pam. 171. — [Superseded.] 

An Act to appropriate and set apai^t one-third of the surplus fund 
to be dei^ived to this State from the United States, as a permanent 
Free School and Education Fund, and to authorize the appoint- 
ment of a Committee to prepare and report a plan of Free 
Schools, 4*c. to the next Legislature.^ — Approved Dec. 23, 1836. 
Pam. 138. — [Temporary and superseded.] 

An Act to repeal an Act entitled " An Act to establish a General 
System of Ediication by Common Schools, ^^ assented to the 26th 
day of December, 1837; also, an Act to amend an Act to estab- 
lish a General System of Education by Common Schools, assent- 
ed to the 2{)ih day of December, 1838 ; and also to chaiige the 
Common School Fund in the State of Georgia to a Poor School 
Fund and to provide for distributing the same. — Assented to Dec. 
10, 1840. Pam. 61. 

school fund "^ - ^^c. I. Be it enacted, That from and after the passage of 
changed to this Act, the fund heretofore set apart and now known as a Common 
fund.^^ ^° School Fund for the State of Georgia, and such other funds as may 
be hereafter set apart for teaching the poor, shall become and com- 
pose a Poor School Fund for the State of Georgia. — [Remainder of 
this Act superseded by Act of 1843.] 

An Act to authorize his ExceUe7icy the Governor of the State of 
Georgia to cause to be paid over to the proper authorities of the 
several Counties of the State all money due the Academic or Poor 
School Fund of said Counties, under the Act of 1837, 1838, or 
any previous Acts. — Assented to Dec. 22, 1840. Pam. 59. 
[Temporary.] 

* See Act of 1843, sec. 8. 

t In 1837, an Act v/as passed " to establisli a General System, of Education by Com- 
mon Sciiools/' 1*3/" wliicii tiie Academic and Poor School Funds were consolidated and 
made a Common School Fimd. In 1838, this Act was amended, and in 1840, re- 
pealed. 



ACADEMIES AND FREE SCHOOLS.~1841-'43. 5 

Payment of Accounts — Act to provide for the Education of the Poor. 

An Act to authorize the Commissioners of the Poor School Fund 
in the several Counties of this State, to pay out of said Fund 
arrearages due teachers for teaching poor children in the 
years eighteen hundred and thirty-seven, eighteen hundred and 
thirty-eight, and eighteen hundred and thirty-nine. — Assented to 
Dec. 7, 1841. Pam. 83.— [Temporary.] 

An Act to amend an Act of this State, assented to the 10th Decemn 
her, 1840, in relation to Comtnon Schools. — Assented to Dec. 
28, 1842. Pam. 54.— [Temporary.] 

An Act to provide for the Education of the Poor. — Assented to Dec. 

27, 1843. Pam. 43. 

8. Sec. I. Be it enacted, That from and after the passage ofi^^^"^'' 
this Act, it shall be lawful for the Justices of the Inferior Courts of thorized to 
the several Counties in this State, and they are hereby authorized to ^^V ^^^ 

, , ,1 . \ . ■ ^ • m • extra tax, 

levy and collect an extra tax m their respective Counties, sumcient, 
together with such funds as may be received from other sources, to q^^ recona- 
educate the poor children of their respective Counties — Provided, mendation 
such tax shall not be levied without the recommendation of the jury!^^ 
Grand Jury of the first Court in each year, and that said fund shall 
be kept separate from all other County funds and used for no other fund, 
purpose whatsoever. 

9. Sec. II. Said Justices of the Inferior Court are hereby ^^^- furnish Ust 
thorized and empowered to require the Justices of the Peace, or oth-of children 
er persons in the several militia districts of their respective Counties, andTet" ^ 
to furnish them, at such times as they may require, with a list of 

such children, between the ages of eight* and sixteen, in their seve- inferior 
ral districts, as may need total or partial assistance in obtaining their Courts to 
education ; to apportion the funds among them at their discretion, the funds, 
according to their respective necessities ; to appoint Commissioners . ^.^^ 
or such other persons as they may deem proper, without compensa- Commis- 
tion, to superintend the proper application of the fund and the edu- paJ^^aii^^^ 
cation of the poor ; and to pass and enforce such rules and regula- rules and 
tions as they may deem best calculated to promote the objects of this necessary!* 
Act — Provided, the same are not repugnant to the laws of this 
State. 

10. Sec III. For the purpose of aiding in the education of the Educatio'ix 
poor, as herein before provided, seventeen hundred and thirty-three 
shares of the capital stock of the Bank of the State of Georgia, ^^^^^^1 in- 
eiffht hundred and ninety shares of the Bank of Aumista, and all of come to be 
the available assets of the Central Bank, after the payment of its ^^^ inferior 
debts, be and the same are hereby set apart and appropriated, as a Courts in 
permanent education fund, the annual income whereof shall be dis- JlJ^ponr ihS- 
tributed to the several Counties of this State, and paid to the Jus- dren re- 
tices of the Inferior Courts thereof rateably, in proportion to the 

* Six, by Act of 1860. Sec. 15. 



ACADEMIES AND FREE SCHOOLS.— 1817. 



Education Fund. — How Disbursed. — Duties oi Inferior Courts as to Education Fund. 

number of poor children therein, as herein set forth*. And the 
Itate Trea- gcrip for the bank stock aforesaid shall be delivered to the Treasn- 

uvcr to 

?ianage I'cr of the State, and said stock shall henceforth be under his man- 
ttock. agement and control, for the purposes aforesaid. 
, e . 11. Sec. IV. To facilitate the distribution contemplated in the 

^*ourt to re- preceding section, it shall be the duty of the Justices of the Inferior 
tiovemor ^' 0^^1'ls of cacli County to report to his Excellency the Governor, on 
before 1st OT bcforc the first Monday in November of each year, the number 
Xoy,^ JJe^^ of poor children in their respective Counties, between the ages of 
ninubcr of eiglitf and sixteen years, whose parents are unable to educate them, 
to be ascertained in the manner pointed out in the second section of 
SmM^ this Act ; and it sliall be the duty of his Excellency the Governor 
January to make the said distribution before the first day of January thereaf- 
coantiol^'^ ter, among the Counties whose Inferior Courts actually make retiu'ns 
makin;4- as aforcsaid, before such distribution shall take jjlace. The distribu- 
le. mils, ^-^^^ share of each County may be paid to any person presenting a 
?'^"^ V^ ^^' certified copy of an order of the Inferior Court authorizing such pay- 
luf. Court, ment. 

12. Sec. V. The Justices of the Inferior Courts of each County^ 
Previous g^all as soou as practicable, ascertain the amount due to teachers of 

accounts to . ^, . • r. ■ n ■ i i • , 

be paid, poor children m their respective Counties tor services rendered m the 
year 1842 and 1843, in strict compliance with the Act assented to 
on the 10th December, 1840, regulating that subject, and report the 
same to his Excellency the Governor, who shall cause the same to 
How. be paid as soon as practicable out of the proceeds of the sales of 
])ublic lands that revert to the State, which payments shall be made 
by tlie agency of the Justices of the Inferior Courts in the several 
Counties. The said Justices of the Inferior Courts may in their dis- 
cretion apply the funds received under and by virtue of the third 
section of this Act, to the extinguishment of any such claims which 
shall be reimbursed in the manner pointed out in this section. 
Sup^Comt 13. Sec. YI. It shall be the duty of the Judges of the Superior 
to give this Courts of this State, at the first term of the Superior Court of each 
char"e. Couiity, ill cach year, to give this Act in charge to the Grand Jury. 
Sec. VII. [Temporary.] 

Sec. VIII. All laws and parts of laws heretofore passed, be and 
the same are hereby repealed, so far as they conflict with the provi- 
sions of this Act. 



An Act to be entitled an Act to amend an Act entitled an Act to pro- 
vide for the Education of the Poor. — Approved Dec. 29, 1847. 
Pam. 248. 

Sv'r^cef 14. Sec. I. Be it enacted^ That the .Justices of the Inferior 
©tthe fund. Court of the several Counties be and they are hereby required, with- 
in ten days after they have received their proportionable part of Poor 
School Fund, to advertise the same at the court house and three oth- 

* See note to Act of 1820, page 1. Sec Central Bank, sec. 63. 
t Six, by Act of 1850, sec. 15. 



ACADEMIES AND FREE SCHOOLS.— 1850. 



A<2;c.s of Children — Defaultiuu- Counties. 



er public places in their County, that they have received tlie same 
for distribution. 



An Act to amend the second and fourth sections of an Act to pro- 
vide for the Education of the Poor, assented to 27th of December, 
1843.— Approved Feb. ' 14, 1850. Pam. 154. 

15. Sec. I. Beit enacted, That from and after the passage of ^^^^J^^^^*j^'.j_ 
this Act, the ages of the children required by the second section of (imi bo- 
the Act of which this is amendatory, to be returned to the Inferior Jq y^^j.!! ^ 
Courts by the Justices of the Peace or other persons in the several 
militia districts, shall be between the ages of six and sixteen years, 
and that the ages of the poor children required by the fourth sec- 
tion of the same Act to be reported by the Justices of the Inferior 
Court of each county to his Excellency the Governor, shall be be- 
tween the ages of six and sixteen years — any former Acts on this 
subject to the contrary notwithstanding. 



^iii Act to amend an Act to provide for the Education of the Poor, as- 
sented to tlte 21th of December, 1843, so far as relates to the 
County of Warren, and also to regulate the distribution of tlie 
Poor School Fund, tvhere returns are not made. — Approved Jan. 
18, 1850. Pam. 158. 

Sec. I. [Local.] 

16. Sec. II. In case of failure to make return of the number of Counties 
poor children to the Governor, no County shall be deprived of itspor-ret\u-n,\^o 
tion of the poor school fund under the distribution of 1850, or any sub- lecoivc ac- 
sequent year, but the Governor shall allow to such County such sum S rcfurn, 
upon the apportionment, as it shall be entitled to, taking the last re- 
turn made from such County of the number of poor children in lieu 
of the one that should be made. 

Sec III. All laws and parts of laws militating against this Act 
be and the same are hereby repealed. 

[Statutes omitted and not referred to in the text or notes thereto. — 
Act of 1837, (Common Schools,) Pam. 94. 1838, Pam. 96.] 

By resolution of Feb. 23d, 1850, the Governor was <' requested to appoint throe 
suitable persons as a Committee to inquire into the state of education in Georgia, 
to report xo the next liOgislature on the operation of the present Poor School 
laws ; to recommend any alteration in the same that to them may seem advisable, or 
to suggest a plan for General Education, if considered by them expedient, accompanied 
by a suitable Bill for carrying out the same." 



8 AFFIRMATION.— 1756. 



romi of Affirmation — Perjury. 



ArFIRMATION.-175G. 

An Act for the ease of Dissenting Protestants^ within this province, 
who may he scrupulous of taking an oath^ in respect to the man' 
ner and formj of administering the same. — Passed Dec. 13, 1756. 
Vol. I, 391. 

Whereas^ many inconveniences may arise in this province through 
the scruples of divers Protestant dissenters within the same, of good 
estates and abilities, who refuse to take an oath, by laying their hand 
on the holy evangelists, whereby the public is deprived of their ser- 
vices as jurymen. And whei^eas, acts of toleration and indulgence 
to Protestant dissenters have been found of beneficial tendency to oth- 
er his Majesty's provinces, and may, in a particular manner, be so to 
this infant province, in order that such dissenting Protestants may be 
enabled and compellable to serve on all juries, and to give evidence 
in all cases, and that the acts of such Protestant dissenters may be 
valid and effectual, in respect of the manner and form of taking and 
administering oaths ; 
A solemn Be it enacted^ That immediately after passing of this Act, any 
vSid^as an P^^^^^ "^^^o shall appear in any of the Courts of Judicature, or before 
oath, and, any Judgc or Magistrate in this province, either as juror, witness^ 
punished P^^ty, or Otherwise, in any cause, civil or criminal, and shall make 
as perjujy. and distinctly repeat a solemn ^d conscientious declaration and af- 
firmation, according to the form of his profession, in any matter, 
cause or thing, wherein an oath is required by law, in the following 
words : ^' I, A B, do swear, in the presence of Almighty God, as I 
shall answer at the great and awful day of judgment, that, (as the 
case may be.) So help me God." And such solemn and conscien- 
tious declaration and affirmation shall be deemed, held, adjudged, and 
taken to be valid and effectual to all intents, constructions, and pur- 
poses whatsoever, in the same manner as if such person had taken 
an oath on the holy evangelists of Almighty God. And that all and 
every such person and persons, as shall be convicted of falsely and 
corruptly affirming and declaring any matter or thing, which (if the 
same had been an oath taken on the holy evangelists, ) would by law 
amount to wilful and corrupt perjury, shall incur the same penalties, 
disabilities, and forfeitures, as persons convicted of wilful perjury do 
incur by the laws of Great Britain. 



AGRICULTURE AND COMMERCE—Agricul. Board.— 1837. 9 

Board of Agriculture. 



AGRICULTURE AND COMMERCE; 



ART. I. AGRICULTURAL BOARD, 
n. BEEF, PORK, STORES, &c. 
in. BOATS AND CREWS. 
IV. CATTLE. 
V. COTTON SEED. 
VL FENCES. 
" Yn. FLOUR. 
« Vin. INDIGO WEED. 



ART. IX. LUMBER. 
X. MILLERS. 
XI. RICE DAMS. 
" Xn. SEAMEN & MARINERS, 
" Xin. SHIPPLNG & PILOTAGE. 
" XIV. TOBACCO. 
« XV. TURPENTINE BUSINESS. 
" XVI. WEIGHTS & MEASURES. 



ART. I.— AGRICULTURAL BOARD. 



Sec. 1. Board established. 

" 2. Vacancies. 

" 3. Annual Meeting. 

♦' 4. Delegates. 

" 5. Duty of Board. 



Sec. 6. Place of Meeting. 

" 7. By-Laws. 

" 8. Quorum. 

** 9. Absentees. 



An Act to incorporate the Board of Agriculture and Rural Econ- I 
omy of the State of Georgia. Approved Dec. 26, 1837. Pam. 22. 

Whereas, the use of organized societies for the cultivation of art 
and science, have been abundantly tested by the experience of all 
civilized nations ; 

And whereas, agricultural husbandry has ever been, and must con- 
tinue to be, the great source of national and individual wealth to the 
State of Georgia ; the position, benefit and fruits of which fail to be 
greatly augmented by a liberal diffusion of that knowledge, which 
may be required by the most experienced and successful of our own, 
and the farmers of other countries ; 

And whereas, for the purpose indicated, it is deemed expedient to 
establish an institution, under the auspices of the State Govern- 
ment ; 

1. Sec. I. Be it enacted^ That (naming four persons from each 
Judicial district,) be, and they are, hereby created a body corporate, 

to be known and styled the Board of Agriculture and Rural Econ- AgrLui- 
omy, for the State of Georgia, to be entitled to the use of a common *^^^;,^^ 
seal, and invested with the usual powers and privileges of corporate ed. 
bodies, subject, however, to. the modifications and restrictions pre- 
scribed by this Act. 

2. Sec. II. The said Corporation shall have perpetual succession, 

and shall have power to fill all vacancies that may be occasioned by vacancies^ 
death, removal, or otherwise, of its own members, and to appoint ^°^ ^^^®^ 

*The compiler has collected, under this general head, various titles scattered through 
the previous Digest, believing that they would be hereby more easy of reference, under 
the system of subdivisions adopted by him. 

Li 1838, an Act was passed " to promote the culture of sUk," giving liberal premiums. 
(Pam. 222.) It was repealed in 1839. (Pam. 210.) Both Acts are omitted. For Act 
authorizing formation of jomt stock companies, for the encouragement of direct trade, 
see title *' Joint Stock Companies." Act in relation to gunpowder, see "Penal Laws," 
sec. 383. 

2 



10 AGRICULTURE AND COMMERCE—Beef, Pork, &c.— 1766. 

Belei^ates — Duty — Powers — Quorum. 



Annual 
meeting:. 



Duty of 
Board. 



such officers and agents as it may deem necessary, to the service for 
which said Board is created. Provided^ that no person shall be eli- 
gible to appointment as a member of said Board, whose usual place 
of residence is within the limits of any Judicial Circuit or District, 
in which as many as four members at that timq reside. 

3. Sec. III. Said Board shall hold a stated meeting on the 3d 
Monday in November, at the seat of the State Government, in each 
year, and at such other times and places as it may direct. 

4. Sec. IV. Each Agricultural Society or Club, in this State, by 
Stmaf ^^" "whatever name called, shall be authorized to send one delegate to 
Society to the Stated meetings of said Board, which delegates shall be entitled 
iideo-ate! ^° seats, and to a participancy in the deliberations and discussions 

of said Board, but not to a vote in the determination of any ques- 
tion. 

5. Sec. V. It shall be the duty of said Board to, inquire into the 
state and condition of agricultural husbandry throughout the State, 
and into every subject and matter connected with the interests there- 
of, and from time to time make such communication touching the 
same, to the General Assembly and to the public, as said Board may 
deem will be for the general benefit. 

6. Sec. YI. It shall be the duty of his Excellency, the Gover- 
Apartment nor, for the time being, to assign an apartment in the State House, 

or some other public building at the seat of the State Government, 
suitably furnished for the accommodation of said Board. 

7. Sec VII. Said Board shall have power to pass all by-laws, 
rules and regulations for its own government, not repugnant to the 
Laws and Constitution of this State. 

8. Sec VIII. The presence of ten members, at any stated or 
adjourned meeting, shall constitute and form a quorum for the trans- 
action of business. 

9. Sec IX. Said Board shall have power and authority to de- 
clare the seat of any member vacant, and to fill the same by a ncAv 
appointment, who shall, without giving cause of excuse, absent him- 
self from two successive annual stated meetings of said Board. 



in State 
House 



J3v-laws. 



Quorum. 



Absentees. 



ART. II.— BEEF, PORK, NAYAE STORES, &c.*- 



Sec. 1. Beef and Pork Casks. 

" 2. Inspection. 

'* 3. Contents of barrel. 

** 4. Fraud. Proceedings. 

" o. Inspectors' Oath. 

6. Fees. 

" 7. Improper Marking. 



Sec. 8. Cord of fire-wood. 

'* 9. Continuation of Act. 

" 10. Barrels, Iioav made. 

" 11. Contents. 

" 12. Brand. 

" 13. Continu.ation of Act. 



An Act to 'prevent frauds and deceits in selling heef pork, pitch, tar, 
turpentine, and firewood. — Approved March, 6, 1766. V^ol. 1, 245. 

Whereas, the preventing frauds and deceits in the packing of beef 
and pork, and in selling pitch, tar, turpentine, and firewood, will 



*■ These Statutes, as many others under this general head, might be almost declared 
obsolete. Having, hoAvever, been retained in all the Digests heretofore, the compiler 
does not feel at libertA" to omit them. 



AGRICULTURE AND COMMERCE— Beef, Pork, fcc— irOfT. 11 

Contents of Cask and Barrel — Inspection — Fraud. 

greatly increase the credit and repute of those commodities of this 
province, and also be for the particular benefit and emolument of the 
purchasers or exporters of the same : 

1. Sec. I. Beit enacted, (^v.That from and after the first day of Descrip- 
February next, all and every cask or casks, in which any beef or J^i^^^^^J^'f 
pork shall be packed and exposed to sale within this province, shall casks. 

be made of sound, dry, and well seasoned white oak timber, free 
from sap, the heads as well as bodies of which casks shall be made 
tight, so as to hold pickle, and the said casks shall be proved before 
the same shall be packed with any beef or pork, and shall gauge 
thirty gallons.* 

Sec. XL [Repealed by sec. 12.] 

2. Sec. III. From and after the said first day of February afore- r^^ ^^ •^^_ 
said, no merchant, factor, trader, or other persons shall ship for ex- spected im- 
portation on board any ship or vessel whatever, any beef or pork for of twenty^''' 
a foreign market, before the same be packed by some packer or in- shillings, 
specter of the port or place where the same is intended to be shipped, 

and by the said packer or inspector branded, under pain of such per- 
son so shipping forfeiting the simi of twenty shillings sterling for. 
every such cask so shipped, to be recovered and applied as hereinaf- 
ter directed. 

3. Sec. IY. From and after the said first day of February afore- Contents 
said, every barrel of pitch which shall be made and sold in this prov- barrel of 
ince, shall contain 322 pounds gross v/eight, and the staves of the pitch, 
said barrels not to exceed half an inch in thickness ; every barrel of ^ 

tar made and sold as aforesaid, shall contain at least thirty-two gal- ^^' 
Ions, clear of dirt, dross, chips, or water : a.nd every barrel of turpen- rp 
tine so made and sold as aforesaid, shall weigh 460 pounds gross, tine. 
clear of dirt, sand, or water ; and no merchant, factor, trader, or oth- 
er person whatever, shall ship, or put onboard any ship or vessel, for ^^^^Vy^'^r 
exportation from this province, any tar, pitch, or turpentine, before unmarked, 
the same is marked by some packer or inspector, under pain of for- 
feiting for every barrel so shipped the sum of five shillings sterling, 
to be recovered and applied as hereinafter directed. 

4. Sec V, If any fraud or abuse shall be suspected in any bar- Barrels of 
rel or barrels of pitch, which shall be brought to market or exposed ^^*^^ "^^^^. 
to sale, the person who shall treat for the purchase of such pitch on suspi- 
shall be at liberty to cut open as many barrels of the same as he shall ^^^^^} 
think proper, which shall be liable to be viewed, judged, and forfeit- 
ed, as hereinafter directed ; and where any pitch shall be condemned if con- 
as fraudulent by the person or persons empowered to view and judge shairbe 
the same, all such condemned pitch shall be forfeited and sold by the forfeited, _ 
treasurer, and applied to such uses as are hereinafter directed, and the shillings 
owner or person exposing such pitch to sale shall also forfeit the sumP^^" ^^^^^'^ 
of five shillings sterling, for each barrel so fraudulently brought to 
market and exposed to sale, and the same may be recovered against 

him, as, is provided by the Act for the more easy and speedy recovery 
of small debts and damages, and shall be applied to uses as hereinaf- 
ter directed. Provided always^ that when any pitch shall be order- 

*Thirty-two, see. 11. 



to be 
sworn. 



The oath. 



12 AGRICULTURE AND COMMERCE— Beef, Pork, (S^c— 1766. 

Inspectors — Oath — Fees — Brand — Size of cord of firewood. 

If not con-e(j to be cut open as aforesaid, without the consent of the owner, or 

demnecl . 

shall beta- person offering or exposing .the same to sale, the same shall be done 
ken by the g^|- |-]^g j,jg]^ ^f ^j^g persoii who shall cause such pitch to be so cut 

opener at . ^ » , ^ 

market Open ; that is to say, if such pitch shall not be condemned as fraud- 
pnce. ulent by the person or persons empowered to view and judge the 
same, that then the person who caused the pitch to be so cut open 
and examined, shall take to himself every such barrel so cut open 
which shall not be condemned as aforesaid, and shall pay to the own- 
er or person offering the same to sale, the current sum or price which 
good pitch shall then bear at that port or place, anything herein con- 
tained to the contrary notwithstanding. 
Inspectors 5. Sec. YI. Such persons as shall be appointed packers or in- 
spectors, by ordinance or otherwise, of the Governor, Council, and 
Commons' House of Assembly, in General Assembly met, shall be, 
and they are hereby directed, before they enter into the execution of 
their offices, severally and respectively, to take the following oath 
before some Justice of the Peace for the parish where such port shall 
be, who shall grant such packer and inspector a certificate thereof: 
"I, A B, do solemnly swear, that I will faithfully and impartially 
execute the business and duty of a packer and inspector, in the town 
and port of , to the best of my skill and judgment, without fa- 
vor or prejudice, and without any delay, agreeable to the Act of the 
General Assembly of this province, entitled [see title of this Act.] 
So help me God." 
an?^axk-' ^' ^^^* ^^^' ^^® packers and inspectors so to be appointed, shall 
ers' fees, receive for their trouble from the seller or owner of any beef, pork, 
pitch, tar, or turpentine, the sum of sixpence for every barrel of beef 
or pork, and the sum of two pence for every barrel of pitch, tar, or 
turpentine, which they shall view, inspect, mark, or brand as afore- 
Must said. And the said packers and inspectors are hereby severally di- 
bari^ds^^^ rccted to havc and make use of a separate brand, with the initial let- 
with their tcrs of the name of such packer and inspector, and in case of refusal 
nnder%n- ^^ Hcglcct to do and perform any of the duties by this Act required 
aity of 10 to be done and performed by such packer and inspector, he or they 
^^^^' so refusing or neglecting, after he or they shall have accepted such 
office, shall for every such offence forfeit the sum often shillings. 
For mark- ^- Sec. Till. If any packer or inspector shall mark or brand any 
ingim- beef, pork, pitch, tar, or turpentine, not weighing or containing the 
to°forfeit Weights or measures directed by this Act, such packer or inspector 
forty shii- shall, for every barrel so marked or branded, forfeit the sum of for- 
^^' ty shillings sterling, to be recovered and applied as hereinafter di- 
rected. 

And whereas, many frauds are committed in the sale of firewood, 
<p. 8. Sec. IX. Be it ejiacted, S^c. That from and after the first day 

size of the of February aforesaid, every cord of firewood which shall be sold in 
cord. tj^jg province, shall measure eight feet in length, four feet in height, 
and four feet in breadth, and in case any person or persons whatev- 
er, having any firewood sold and delivered them by the cord, as 
aforesaid, shall suspect a deficiency therein, every such person or 
persons shall and may apply to any of the packers and inspectors to 
be appointed as aforesaid, to cord and measure the same ; and in 



AGRICULTURE AND COMMERCE— Beef, &c.— 1766 -'68. 13 

Penalty for deficiency — Size of barrels — Contents. 

case any deficiency shall appear, the person or persons selling the Persons 
same shall, for every cord that shall be so deficient, forfeit the sum tLrTf cord 
of ten shillings , and the packer and inspector measuring the same, ^^.\f^ ^^^ 
shall be paid the sum of sixpence for every cord so measured by the for every 
seller thereof, in case of deficiency, and in case no deficiency shall ^^^^ ^°^'^- 
appear, then to be paid the sum of sixpence by the person or persons 
applying. 

Sec. X. [Superseded by constitution.] 

9. Sec. XI. This Act shall continue and be in force for and du- continua- 
ring the term of three years, and from thence to the end of the next ^°^ °^ ^^® 
session of the General Assembly, and no longer.* 



An Act for amending the foregoing. — Approved December 24, 1768. 

Vol. I. 248. 

Whereas, the Act of the General Assembly, passed the sixth day 
of March, in the year of our Lord, 1766, entitled, [see title of last 
Act,] IS found to be deficient in respect to the regulations therein di- 
rected, as to the packing and inspecting beef and pork, for remedy 
whereof, 

10. Sec. I. Be it enacted, That from and after the first day of Barrels for 
May next ensuing, every barrel in which beef or pork shall be packed ^^^^ ^^ 
and exposed for sale in this province, shall contain and gauge thirty- to be made, 
two gallons, and be made of seasoned timber, as directed by the said capacity^ 
recited Act, and shall have on each barrel not less than twelve sound 

and sufficient hoops. 

11. Sec II. From and after the said first day of May, every bar- what 
rel of beef or pork, packed and sold in the province, shall contain T^^^^^ 5°^ 
220 pounds weight, of wholesome, well cured meat in the same, af- of meat in 
ter being salted at least ten days, and carefully packed with a suffi- ^^^^ ^^^' 
cient quantity of dry salt, and well pickled, and not more than one 
shank, half the neck, and no head, in each barrel of beef, and not 

more than two heads in each barrel of pork. 

12. Sec. Ill, The brands to be used by the several packers and ^j-^^^^ ^^ 
inspectors, according to the directions of the said Act, shall have the branded 
name of the parish where the beef or pork is inspected under that of ^ameVf 
the province, and also the names of the inspectors at full length ; and the inspec- 
such inspectors and packers are hereby directed to furnish themselves the parish 
with such brands, and to brand the several barrels of beef and pork f'* ^"^^ 
by them inspected, on the head, according to the directions of, and ^^^^ 
under the penalty in the said Act mentioned and inflicted. 

13. Sec IV. The before-recited Act and this Act, shall continue continua- 
and be in force for and during the term of three years, and from tion of thi« 
thence to the end of the then next session of the General Assembly 

and no longer, anything contained in the said recited Act to the con- 
trary notwithstanding."^ 

•Revived. "Laws," sec. 1. 



14 AGRICULTURE AND COMMERCE— Boats fc Crews.— 1815-16. 

Bill of Ladiim-— Thefts. 



ART. III.— BOATS AND CREWS. 



Sec. 1. Bill of Laclino'. 

" 2. Penalty for Neglect. 

" 3. Liability of Owners. 

" 4. Restriction on Slaves 

*' 5. Penalty. 



Sec. 6. Act of 1816 extended. 
" 7. And its Penalties. 
" 8. Venue of Offences. 
" 9. Articles owned by Slaves, 

" 10. Publication of Acts. 



Ail Act for the better regulation of Boats and Boats' Creivs,* navi- 
gating the Savannah River, from the city of Augusta to the head 
waters of said river. — Approved Dec. A, 1815. Yol. III. 112. 



examina 
tion. 



Whereas, the inhabitants of this State, residing on or near Savan- 
nah river, complain of serious injuries inflicted on their rights and 
property, by boats' crews navigating the waters aforesaid ; for reme- 
dy whereof, 
J, , 1. Sec. I. Be it enacted, S^'c. That from and after the first day 

to have a of January next, it shall be the duty of all owners or agents of boats 
bill ot lad- employed in the navigation of the aforesaid waters, to grant to each 
and every boat respectively, previous to its departure from the land- 
Avhich shall ing or wliarf, a certificate' or bill of lading, showing its destination, 
subiecr to^ coutcuts, the iiamc of its patroon and consignee ; which certificate or 
bill of lading shall, at all times, be subject to the examination of any 
free white person or persons requiring the same. 
Penalty for *2- ^^C- H- If ^'^^Y owiier or agent, as aforesaid, shall neglect or 
not giving I'e fuse to fumisli the certificate or bill of lading, required by this xVct, 
laciing,^ or or the patroou, upon application, or being required by any free white 
*i^^j^"^P/o- person as aforesaid, shall refuse to exhibit Jiis certificate or bill of 
whcn'i-e- lading as aforesaid, the owjier of such boat or boats shall, for every 
qiured, sucii refusal or neglect, be liable to indictment in the Superior Courts 
10 d 11 ^^ ^^^^^ State ; and on conviction thereof, forfeit and pay the sum 
of fifty dollars, one half thereof to the use of the informer, and the 
other half to the use of the County where such conviction shall take 
^, .place. 

Owners o{ ^ „ ^ ^tx /^ r t • • i /^ • i 

boats Ha- 3. Sec. III. Owiicrs 01 Doats, navigatmg the waters aforesaid, 
thefts^ 'j}\ shall be liable, and compelled to pay for all pillages and thefts com- 
' mitted by their respective crews, on conviction of the offender or of- 
fenders. 



A71 Act to prevent Boat-owners or Patroons from permitting boat 
hands, or other negroes, from, trafficking in corn, or otJier produce^ 
or from carrying the same to market, on board of tJie boats accus- 
tomed to navigate the river Savannah, between Augusta and Sa- 
vannah. — Approved Dec. 13, 1816. Vol. III. 113. 

Whereas, the practice of permitting negroes on board of the boats 
navigating the river Savannah, to carry corn, cotton, or other pro- 



*No x^erson of color allowed to bo a patroon of a boat bctv,'ccn Savannah and Aug-U3- 
ta. Yol. II. 332. 



AGRICULTURE AND COMMERCE— Boats c^ Crews.— 1816. 15 

Boat hands trading — Act of 1816 extended. 

duce to market, as their own property, has been found by fatal ex- 
perience, to be an encouragement of theft ; and whereas^ it is right 
and proper that such encouragement should not any longer be held 
out to this description of persons ; for remedy whereof, 

4. Sec. I. Be it enacted, 6^*c. That, from and after the passing ^.J^^\|f ^^ 
of this Act, it shall not be lawful for any owner or patroon of a boat, ing slaves, 
to suffer or permit any boat hand, or negro, being a slave, to put on J.^'^Vn^iuce 
board their boat, whereof he is owner or patroon, any corn, cotton, of their 
peas, or other articles of produce, as the property of such boat hand, mlrke^t, 
or negro, for the purpose of carrying the same to Savannah, or else- 
where, to market, or for" sale ;* nor shall such owner or patroon suf- nor trade 
fer the boat hands, or other negroes, being slaves as aforesaid, on other, 
board of their boat or boats, to barter or trade the one with the oth- 
er, in any articles of produce, as before enumerated, under any pretext 
whatever. 

5. Sec. II. Any owner or patroon, offending against the provis- Penalty on 
ions of the first section of this Act, shall be subject to indictment inorpatrooL 
the Superior Court of the County in which the offence shall be com- 
mitted ; and upon conviction thereof, shall be fined and imprisoned, 

or both, at the discretion of the Court before Avhom such indictment 
shall or may be tried. 



An Act to alter and extend the for agoing. — Approved Dec. 10, 1817. 

Vol. IIL 114. 

6. Sec. I. From and immediately after the ^passing of this Act, ^^^^jJ,"J^^^^^^^^ 
that the before recited Act shall be held, deemed, and considered in to all navi- 
full force, from Augusta to the head navigation of Savannah and^^^^'^^^"^' 
Broad rivers, and in all the rivers that now are, or hereafter may be, 
made naviojable in this State. ,., 

- ^ x^T -r^ /• 1 1 anditspen- 

/. Sec. U. If any owner or patroon of any boat, accustomed to aities in- 
iiavigate between the head navigation of said Savannah and Broad ^^^^'^^^ 
rivers, to Augusta, or in any other river that now is or hereafter may 
be made navigable in this State, shall offend against the first section 
of the before recited Act, he shall be subject to all the pains and pen- 
alties contained in the second section of said Act. 

8. Sec III. All or any offence against this Act, or the one toiuwhar' 
which it is amendatory, shall be tried and punished in any or either counties 
of the Counties in this State, adjoiniug the water-course on wliich bi"'^^ ^ ^ 
the offence Avas committed. 

Sec. IV. The aforesaid Act shall be held, deemed, and consider- *'^^^."^ ^^^^^ 
ed, as extending to all rivers that iiov/ are, or hereafter may be made tended to 
navigable in th« State. jjji "^^ 

*But see sec. 10. 



16 AGRICULTURE AND COMMERCE— ^Boats & Crews.— 1836. 

Articles shipped by Slaves. 



An Act to ameiid, explain^ and cause to he enforced^ the several acts 
of the General Assembly of the State of Georgia^ assented to the 
Ath of December, 1815, and that of the 13th of December, 1816, 
and an Act amendatory of the last specified Act, assented to the 
10th day of December, 1817. — This Act assented to Dec. 26, 
1836. Pam. 76. 

Preamble. 9. Whereas, the before recited Acts, require that each boat navi- 
gating the Savannah and Broad rivers, and all the rivers that are 
made navigable in this State, shall be required to keep a white pat- 
roon thereon, and are further required to furnish and exhibit to any 
free white person or persons that raay wish an examination, a bill of 
lading, showing the contents, the name of the patroon and consignee 
of said cargo, and forbid such boat owner or their patroons, to suffer 
or permit any boat-hand, being a slave, to put on board of their 
boat, any corn, cotton, peas, or other article of produce, as the prop- 
erty of such boat-hand, to be carried to market ; yet the aforesaid 
Acts do not prohibit the trafficking in stock of any or all kinds, 
poultry, and other articles prohibited by law, for slaves to sell or 
vend ; for remedy whereof,' 
Articles Sec. I. Be it enacted, That from and immediately after the pass- 

^laves^iaU ^§^ ^^ ^^^^^ ^^^' ^^ shall not be lawful for a boat owner or patroon, 
he in the navigating either of the navigable rivers within this State, to suffer 
^ of lad- ^j^g i^^j^^ hands to take with them, any kind of stock whatever, poul- 
try of any kind, or other articles that are by law, prohibited to them 
to traffic in, except the same shall be stated in such bill of lading of 
the owner of said b^at or his agent, and that no stock, poultry, or 
other articles as aforesaid, shall be permitted to go on board of a 
boat, unless it is immediately under the direction of such owner or 
patroon, or the agent of the owner, and specified in the bill of lading. 
Every offender against the provisions of this Act shall be liable to 
like punishment and fine, as pointed out in the foregoing Acts. 

cSurtfof ^^' ^^^' ^^' ^^ ^^^^^ ^^ ^^^ ^^^y ^^ ^^^ Inferior Courts of the 

the proper scvcral Couutics of this State, bordering on, or which navigable wa- 

shSr pub- ^^^^ sYirW pass through, to cause to be published in various parts of 

lish the said County, the provisions of the foregoing Acts ; and in the Coun- 

subject.*^^^ ties bordering on navigable waters which are on the borders of the 

State, the Inferior Courts of the several Counties bordering on such 

water courses, that are navigable, shall cause to be published in one or 

more of the public gazettes, the provisions of this and the foregoing 

Acts, for the information of those in the adjoining States, who are 

engaged in navigating such water courses, and the expenses thereof 

to be defrayed out of the County funds. 



AGRICULTURE AND COMMERCE— Cattle.— 1792. 



17 



Recording Marks and Brands. 



APvT. IV.— CATTLE.— 1773. 



Sec. 1. Marks and Brands recorded. 
" 2. ^Vliere two have the same mark. 



Sec. 3. Clerk's duty and fees. 



A71 Act to prevent the steali7ig of horses mid neat cattle^ and unlaw- 
fully brandings mai^king^ killings or driving the same. — Approv- 
ed Sept. 29, 1773. Vol. I. 52. Prince, 146.— [Obsolete.] 

An Act to revise and amend '■'■ An Act for recording 3Iarks and 
Brands in this >S'to^e. "—Approved Dec. 8, 1792. Vol. I. 347. 

1. Sec. I. From and after the passing of this- Act, it shall and may Marks and 
be lawful for all persons residing within this State, to record their be recorded 
marks and brands in the Clerk's office of the Superior Court of the JH ^^f 
County in which such person resides ; and if any person or persons fice. 
shall neglect to record the same, then and in that case, whenever 

any property shall or may happen to be in dispute between the par- ^g° ^^/e^J 
ty so recording his marks and brands and any other person not hav- to belong 
ing recorded as aforesaid, both having one and the same marks or son firstre- 
brands, the property being found in the possession of the person cording his 
complying with this Act, the party so claiming any such property in™^^ ^' °' 
dispute as aforesaid, shall not be allowed to take the same out of 
the hand of the person found in that possession, without such claim- 
ant can prove, by disinterested testimony, such property so in dis- 
pute, and that the same is his property, such proof, when the value 
of the property is under five pounds, to be made before any Justice 
of the Peace in the County where such property may be found, and 
if above that value, before any Court having jurisdiction thereof. 

2. Sec. II. Where two or more persons shall have the same Two pe^- 
marks and brands, each of them recorded ; in such case the oldest ing the 
record shall be evidence of right, so far as to compel the other party ^^^^J 

to prove his property by disinterested testimony, in the manner here- first re- 
inbefore pointed out : Provided^ That nothing in this Act contained ^I^^^^ ^1 
shall compel such person or persons as have already had their brands cie evi- 
and marks recorded in the Secretary's office, to record the same in ^iS^f °^ 
the Clerk's office aforesaid, but such record in the Secretary's office Proviso. 
shall be good and valid. 

3. Sec. III. It shall be the duty of the Clerks of the Superior ^lerk^^^^^i 

J. record 

Courts, upon the application of any person or persons, to record all marks, 
marks and brands in books to be kept by them for that purpose, and ^^^^^^' '^'°" 
give certificates thereof when thereunto required, by any person or 
persons, and for which they shall receive the fees pointed out by the ^^^ ^^^• 
Act to revise and amend '' an Act for ascertaining the fees of the 
public officers of this State." 



18 AGRICULTURE AND COMMERCE— Cotton Seed, &c.— 1803. 

Lawful Fence — Paling- — Cai:tle breaking- througii. 



ART. Y.— COTTON SEED.* 

An Art io rompel the oivncrs or occupiers of Cotton MacJtines iclih- 
in this State ^ to enclose the same, and in particular situations to 
remove the seed therefrom. — Approved Dec. 10, 1803. Vol. II. 
135. Prince, 168. — [Obsolete.] 



See. 1. La^A'ful Fences. 
2. Cattle Killed. 



AET. YL— FENCES. ■ 

Sec. 3. Title to L^nd. 



An Act for tJic better res^nlatin'j; Fences in the Province of Georgia. 
—Approved March 27, 1759. YoL I. 235. 

Whereas, au Act passed the 7th day of J^Iarch, 1755, in the iirst 
session of the first General Assembly of this province entitled " An 
Act to regulate Fences in the province of Georgia," has been found 
very ineitectual for the purposes thereby intended : Jxnd whereas, 
the fixing and establishing 'fjt and proper dimensions for all fences 
and enclosures to be erected and made in and about the several 
plantations and settlements of tills province, would not only prevent 
the several owners and occupiers thereof, so fenced and enclosed, 
from receiving any damage from the irruption, straying, or breaking 
in of cattle, horses, sheep, goats, or swine, but would likewise obvi- 
ate any doubts or disputes happening or arising as to the strength 
and sufficiency of such fences and enclosures, in case of any irrup- 
tion or trespass to be comniittcel within the same, 
What fen- 1. Sec. I. Be it enacted, That from and after the 29th day of 

ces shtill be i 

lawful. March, 1759, all fences or enclosures, commonly called worm fences, 
Worai iij^i shall be erected and made around or about any garden, orch- 
ard, rice ground, indigo field, plantation, or settlement, in this pro- 
vince, shall be six feet high when staked and ridered, and from the 
ground to the height of three feet of every such fence or enclosure, 
the rails thereof shall not be more tlian four inches distant from each 
''^iiiig- other ; and that all fences or enclosures that shall consist of paling, 
shall likewise be five feet high from the ground, and the pales therc- 
-p. , of not more than tAVO inches asunder : Provided always, that where 

any fence or enclosure shall be made with a ditch or trench, the 
same shall be four feet wide, and in that case the fence shall be six 
feet high from the bottom of the ditch. 
caS?not ^- ^^^- ^^' ^^" ^W trespass or damage shall be committed in any 
liable for garden, orchard, rice ground, indigo field, plantation, or settlement, 
age for" " ^^<^t being fenced and enclosed in manner as hereinbefore is directed, 
breaking ^y the irruptiou, breaking in, or stra^/ing of any cattle, horses, 
unlawful sheep, goats, or swine, the owner of such cattle, horses, sheep, 
fences. goats, or swiiio, shall not be liable to answer for such trespass, or to 

*Seo " AVeiglits and I^Ieasurcs," art. XYI. under this title, sees. G to 14, as to tare or 
draft on Cotton. See also 13. 



AGRICULTURE AND COMMEECE— Fence3.~1759 



19 



L d' iic I'r jaK 



bhi'ouu-li — FloTi].' Insr.eciion. 



make good or satisiy any damage or iiijmy that shall happen or be 
committed b],.^ reason thereof; and in case any person or persons 
shall kill, maiin, hiiA, or destroy, or cause to be killed, maimed, 
hnrt. or destroyed, any CEittle, horses, sheep, goats, or swine, so tres- 
passing, straying, or breaking into any garden, orchard, rice ground, 
indigo field, plantation, or settlement , not fenced and enclosed in 
manner as by this Act is directed, all and every such person and 
persons shall answer and make jeood to the owner or OYvniers tliereof 
all such injury and damages as tie or they shall sustain there]:)y, tlie 
same to be recovered on due proof thereof, befcre an}^ two Justices 
of the Peace for the ^district where the oiience shall be coniraitted, 
and to be levied by warrant of distress and sale of the offender's 
goods. 

Sec. III. and lY. [Direct Justices of the Peace to appoint three 
freeholders to assess the damages, which, the -Ju.stices are to levy 
by distress and sale. Tliese two sections, as well as sucii parts of this 
and all other Acts as give the Justices povv^er to assess damages, are 
repealed by the present Constitution, anti the Judicial Act of 1799.] 
Sec. Y. [Superseded by Penal Code and obsolete.] 
3. Sec. YL Provided always, and be it further evaded. That in 
all trials to be had before one or more Justices of tlie Peace by virtne ''--'^V 

I Ci.il fi 

of this Act, the right of t]m party to the lands on wliich tht trespass or to br 
damage shall be said to be dop.e. shall not b.e brGUj2lit into o.ncs- '•^-'^^' 
tion, but the same shall be taken for granted to all intents and pm-pc- 
ses whatsoever. 



;i not 



X'o.t ill 



Sec YII. [Repeals the Act of 1755.] 



AilT. YH.— FLOUR. 



Sec. 1. Inspection cstablislied. 

" 2. Inspectors appointed. 

" 3. Yacaiicies. 

" 4. Merchantable Plour. 

" b. Barrels. 

« 6. Mode of Inspection. 



Sec. 7. Penalty. 

" 8. lie >tric lion on In;-; ector. 

" D. Exportinji- iininspe-jto-u ]:'iour. 

" 10. Inspectoi-s' Oath. 

" IL Indictment. 

" 12. Ilestrlctiou on EoaL-?. 



An Act to establish mid regulate the inspection of Floiirr^ — Ap 
proved Nov. 22, 1814. Yol. III. 329. 



Whereas, experience has shown, tliat the establishment of flour in- 
spections, under proper regulations, will advance and promote the 
interest of this State ; 

1. Sec I. Be it enaded. 4*c. That there shall be a flour inspec- 
tion established in tlie Town of Petersburg, and Cities of xln^^nsta 
and Savannah. 

2. Sec. II. The Inferior Courts in the several Comities aforesa.id, 
at t]ie first term of said Courts after the passing of this Act, and 
biennially thereafter, shall appoint one person of good repute, and a 



Illf-.ppC- 

tions (s- 
tal'li.-ilied 



Inspector;; 
to be ii.i[ - 
point;"! by 
tlie bit'. 



«The Actof 1801, YoL 11.27, ^va^ repealed bv that of IGtb Dec. 1811, (Vo]. III. 323.) 
This last was repealed on the 9th Dec. 1612, (Vol. III. 329,) -which reinstated the Act of 
ioOl from the date ij'i the last Act, (9th Dq'z. 1812,) to sbi months after the date of this. 



^0 AGRICULTURE AND COMMERCE— F lour— 1814. ^ 

Inspectors' Duty — Size of Barrels — Brands. 

skilful judge of the quality of flour, to be inspector of flour at the 
before-mentioned places — that is to say, the Inferior Court of the 
County of Elbert shall appoint one inspector for the Town of Peters- 
burg ; the Inferior Court for the County of Richmond, one inspector 
for the City of Augusta ; and the Inferior Court of Chatham County^ 
one for the City of Savannah. 
^ ^_ ^.^ 3. Sec. III. In case of the death of any person so appointed, or 
how iiiieci! in the event of his refusing or neglecting to act, the Justices of the 
Inferior Court of said County shall, as soon as conveniently may be 
court^iis thereafter, meet and appoint some other suitable person to fill such 
to appoint, vacancv, who shall execute the duties of inspector until the succeed- 
ations may iug election ; and if the Inferior Court shall neglect to make ap- 
do it. pointments, it shall and may be lawful for the City Council or corpo- 
ration of the before-mentioned Counties to appoint an inspector. 
4. Sec. IY. All bolted wheat flour, and every cask thereof, 
What shall |3yQ|^CTlit to the placos before mentioned for sale or exportation, shall 

DG mcr- eJ J. ± / 

chantabie be made by the miller or manufacturer thereof merchantable, and of 
quality. ^^^ fineness, and without mixture of coarser flour, or the flour of any 

other grain than wheat. 
Barrels, 5^ gj,^^ y. All flour barrels, packed with flour, brought to the be- 

how made ^ jo 

and fore-mentioned places for sale or exportation, shall be well made, and 

marked. ^£ good materials, twenty-seven inches in length, tightened with at 

. least ten hoops, and sufficientlv nailed, with the tare plainly marked 

To contain j -y i j 

196 lbs. on the head thereof; and every miller or bolter shall put into a 
^*f ^np^^'v, barrel the full quantity of 196 pounds of flour, and shall put in- 
' to every half barrel the quantity of 98 pounds of flour ; and on fail- 
Penalty, ure thereof, shall forfeit and pay the sum of four dollars, to be recov- 
ered by any informer before any Justice having jurisdiction thereof;, 
one-half of which shall belong to the informer, and the other half to 
the County. 
Shall be in- 6. Sec. VI. All barrels or casks of flour brought to the places 
spected. aforcsaid, for exportation, shall be submitted to the view and 
in what examination of the inspector, who shall expeditiously inspect the 
manner, same, by borlng into the barrel from head to head, with an instru- 
ment of not more than three-quarters of an inch in diameter, to be 
by him provided for that purpose ; and if he shall judge the same 
well packed and merchantable, according to the directions of this 
Act, he shall plug up the hole and brand the barrel with the name 
and how of the place at which he shall be inspector, with a public brand 
branded, yjiark, to be by him provided for that purpose, and approved of by the 
Inferior Court, City Council, or corporation, as the case may be ; 
and shall also mark the deofree of fineness which he shall deter- 

j-he sever- . ' 

ai quaii- mine the flour to be, on inspection, which degrees shall be distinguish- 
iiSec ed as follows: superfine, fine, middling, and ship stuff"; for which 
tor's fees, trouble the inspector shall have and receive from the owner six 

and a quarter cents per barrel, 
flon^^unin- "^^ ^^^' ^^^^' ^^ ^^^^ person or persons shall pack flour in old bar- 
speeted, in rels whlcli havc been marked and branded agreeably to this Act, and 
ready ^ which shail Still have the brand of the inspector thereon, such person 
branded, or pcrsoiis sliall forfeit and pay the sum of twenty dollars, to be re- 
Soiiar? covered by any informer, before any Justice of the Peace having 



AGRICULTURE AND COMMERCE— Flouh, &c.— 1814. 21 

Inspector's Oath. — Indigo Weed — How destroyed. 

jurisdiction thereof, one half of which shall belong to the inform- 
er, and the other half to the miller or manufacturer who has 
been injured by such false packing. 

8. Sec. YIII. It shall not be lawful for any inspector directly ins^g^^-Qj. 
or indirectly to purchase any flour by him condemned as un- to pur- 
merchantable, or any other flour whatever, other than for hisfl,^5^^\^- 
own and family use and consumption, under the penalty of thirty cept for his 
dollars for every barrel by him purchased, to be recovered upon infor- penalty* 30 
mation by any informer, before any Justice of the Peace having ^.'^^^^^"i^ ^^^ 
jurisdiction thereof ; one half of which shall belong to the informer, 

and the other half to the County. 

9. Sec. IX: If any person shall export from the places afore- ^xporta- 
said, any flour without inspection, as aforesaid, he, she, or they tion of 
shall forfeit and pay the sum of ten dollars for each barrel of flour so hfjjoec °ed, 
exported, to be recovered upon information by any informer, before P^-'F^f'^ ^^ 
any Justice of the Peace having jurisdiction thereof; one half of which barrel, 
shall belong to the informer, and the other half to the inspector. 

10. Sec. X. Every inspector, before he enters on the duties of inspectors 
his office shall take and subscribe the followinsr oath, to wit: "I, -^^^^^^^^ 

o J ? Kv/orn. 

A B, do solemnly swear (or anirm, as the case may be) that I will The oath. 
well and truly inspect all flour brought to me for inspection: that I 
will faithfully brand and mark the barrels as directed by this Act : 
So help me God." 

11. Sec. XI. The said inspectors shall be liable to indictment for Liable to 
any neglect of duty, and upon conviction thereof, shall forfeit and nien? for 
pay a sum not less than thirty dollars. neglect, 

12. Sec XII. It shall not be lawful for any owner or patroon of JJ^JJlr^ 
any boat in the City of Augusta, to receive on board his or their boat Boats not 
any barrel of flour to be carried to Savannah, that shall not have ^0^? ^^nin- 
been inspected, marked, or branded as aforesaid ; and any owner or spected. 
patroon aforesaid, who shall violate this law, shall be liable to an in- ^ 

J. Pennlty 

dictmenty and upon conviction thereof, shall be fined in a sum not loo dollars. 
exceeding one hundred dollars. 

Sec. XIII. [Temporary.] 

Sec XIY. [Repeals all conflicting Acts.]* 

[Statutes omitted as repealed or superseded.— Act of 1811, Yol. 
III. 32(3.] 



ART. VIII.— INDIGO WEED. 

An Act to oblige the Planters of Indigo, after steeping the loeed^ to 
bury or d^estroy it vjithin a limited trme. — Approved March 12, 
1774. Vol. I. 270. Prince, 285. [Obsolete.] 

*Flour inspection established at Darien, 1815. Vol. III. 332. 
At Dalton, 1850. Pam. 267. 



22 



AGRICULTURE AND COMMER.GE.-~-Lu3iber~1794. 



Merchantabie Lumber — Insnector;-; — Oatli. 



AIIT. IX.— LUMBEH.* 



So: 



Merchantable Lumber. 
Heading and Shingles. 
Lispector's Bond and Oath. 
Who may measure. 
Purchasing from Raftsmen. 
Suberficial measurement. 



Sec. 7. Penalty on Inspectors. 

" 8. Live-oak Lumber. 

" D. Appointment of Inspectors. 

" 10. ]Mercha7itablc Lumber. 

'' 11. Lumber McaLvarcr3 and Buyers. 

" 12. lAleasurm^; Stocks. 



An Act to regulate the Admeasurement a?id Inspection of Luinhei', 
Staves, Shingles, and for other purposes therein rnentiuned. — Ap- 
proved Dec. 16, 1794. Vol. I. 345. 

Wh;.tkind 1. Sec. I. From aiicl after the passing' of this Act, raiia:ina: tim- 
^^!^^\\\.^ ^^er, scaiitliiii;? and boards, shall be dee^med merchantable only when 
able. made, shaped, formed, and conditioned as is hereinafter directed, that 

is to sa3r, all ranging timber, scantling and boards, shall have square 
caved, &c. edges, be sound, and without decay ; Nevertheless, if any scantling 
not to be or boards to be measured and inspected under and by virtue of this 
measure- Act, shall be Split, decayed, or fractured more than tvv o feet, and less 
mcnt. than six feet from the end thereof, in that case, such split, decayed, frac- 
tured part shall be left out, and not counted in the said measurement. 

2. Sec. II. [The first part of tlie section repealed. See sec. 10.1 

What ""viTid > 

of headinp- heading to be tv/o and a half feet long, six inches broad, an inch 
and siiin- thlck Oil 0110 cdsfc, aiicl uot Icss than three quarters of an inch 

<"ies ^ner- '—> ' j. 

chant -able, tliick Oil the otlicr side, sound and free from decay, worm, or knot 
holes ; shingles to be twenty-two inches long, not less than three 
and a half inches wide, a half inch thick at the thicker end, not de- 
cayed, free from worm or knot holes. 

Sec. III., lY., Y. and YI. [Repealed by the Act of 1799.] 

3. Sec. YII. Persons appointed to be inspectors and admeasurers 
of lumber as aforesaid, shall, before- they enter on the duties of their 

giv'ebond office, take the oath or afhrmation following, viz: "I, A B, in the 
aiid secu- presence of Almighty God, do solemnly swear, or affirm, that I will 
Inspectors' fairly and honestly, to the best of my skill and judgment, execute the 
oath. oifice of iiispcctor and admeasurer, according to lav/. So help me 
God.'- And shall each enter into bond, v/ith sufficient security, be- 
fore his Excellency the Governor, or two or more of the Justices of 
the Inferior Court of the Count]^ in which such inspector shall reside, 
in the sum of five hundred pounds, for the due and faithful performance 
of his said trust, which shall be lodged in the Clerk's office of such 
Court. f And no person or persons shall be permitted to inspect or 
admeasure lumber as aforesaid, except those appointed by the Legis- 
lature ; and if any person or persons shall attempt to inspect and ad- 
i^easure as aforesaid (except those hereinbefore excepted) every 
lumber on such pcrsoii or persoiis shall, for every such otTence, forfeit and pay 

D ^' 111 oi oLO "^ X ^ 

doUaro. ^ the sum of five hundred dollars,- one-third to the informer, and the re- 
maining two-thirds to the use of this State. 



msp 
to bo 



:tors 



1\o other 
person to 



*For size of cord of firewood, see Art. II. "Beef, Pork" &c 
fAs to mea&uring lumber, see next section. 



AGRICULTURE AND COMMERCE.— Lumbeii--1799-181G. 23 

Driit-vv'ood — Purchasing from Raft-mcn — Supcrioial Measure. 

Ail Act for the hetter regulating the Admeasurement of Lumber ivith- 
hi this State.— -Aiiiimved Dec. 5, 1799. YoL L 346. 

fVhereas, it has been found by experience, that that part of the 
law for appointing hmiber measurers, will hj no means answer the 
purpose intended by the Legislature, 

4. Sec. I. Be it enacted, Sj^c. That from and immediately after Any per- 
the passing of this Act, all persons, qualified to measure lumber, may q°i^|]ficx[ ^^ 
admeasure and give certificates as is usual in such cases, and re- may 
ceive such compensation as shall be agreed upon by the seller, pur- uniibcr.^ 
chaser, and person measuring the same. 

And ivhereaSy raft-men and other persons have long been in the 
habit of taking up drifted lumber of all descriptions, and disposing 
of the same, and converting of the profits to their own use ; 

Therefore, be it further etiacted, That if any raft~man or men, or Penalty for 
other person or persons, shall attempt to dispose of any drifted lum- taking up 
ber so taken up by him or them within this State, he or they shall be dSft^^ '^^ 
liable^o pay a fine not exceeding 500 dollars for every such offence, lumber, 
to be recovered in cuiy Court having jurisdiction of the same, one 
half for the benefit of the informer or prosecutor, and the remaining 
moiety to the use of the County wherein such offence shall be com- 
mitted, or to be imprisoned for a term not exceeding eight months. 

And whereas, it has been a custom too long established in the City 
of Savannah, to purchase lumber of all descriptions of raft-men and 
other persons : 

5. Sec. IIL Therefore enacted, That from and immediately after ^^^^^^^^^ 
the passing of this Act, if any person or persons in the City of Savan-ing^suSi 
nah or elsewhere, shall be detected in purchasing of lumber of the |.|"^^'"^.^ . 
above description, except from factors or lumber cutters, he or they men, to 
shall be liable to pay a fine not exceeding fifty dollars for each ^"^^^^Uli^l^^^^^^ 
every such offence, to be recovered in any Court having jurisdiction 

of the same, or to be imprisoned for a time not exceeding eight or be im- 
months: Provided, nevertheless, that nothing contained in this Actpj-o^fg^/ 
shall prevent, or be construed to prevent, raft hands or other persons 
from taking up drifted lumber, and receiving a reasonable compensa- 
tion from the owner or owners of such lumber, on their delivering; 
the same to the rightful owner, or to their factor. 

6. Sec. IY. In all seanort Towns in this State, where lumber is ^ ^ • i 

. -^ ' buperncial 

brought lor exportation or otherwise, aii hewed pine timber as well measure- 
as scantling and boards, shall be admeasured, and the bills made out ^^^^' 
in superficial measurement ; any law to the contrary notwithstand- 
ing. 

7. Sec. V. Any inspector Avho shall either admeasure or make Penalty on 
out a bill not in conformity to this Act, shall be liable to pa,y a fine JJ^h^^shaU 
for every such offence, not exceeding thirty dollars, to be recovered not 

in any Court having jurisdiction of the same, one half for the benefit thS^/ac^ 30 
of the informer or prosecutor, and the remaining moiety for the use dollars, 
of the County wherein such offence shall be committed. 

8. Sec. VI. All live-oak and cedar timber shall be measured by Live oak 

to be solid 
measure. 



24 AGRICULTURE AND COMMERCE.— Lumber— 1816-50. 

Measurement of Lumber — Inspectors — Clerks. 

Fees. the solid foot, and the measurers shall be allowed eighty cents per 

thousand feet for measurement. 
Inspectors 9. Sec. YII. After the passing of this Act, all inspectors of lum- 
*° '°®- A ber shall be appointed by the Legislature, who shall receive for every 
by the le- thousand feet of superficial lumber twenty-five cents. 
fheir^^fe^es ^^^' ^^^^' -^^^ laws heretofore passed, so far as respects the ad- 
measurement of lumber, are hereby repealed. 



A71 Act to mne7id an Act to regulate the adoiieasurertient and inspec- 
tion of Lumber^ Staves, Shingles, and for other purposes therein 
mentioned. — Approved Dec. 18, 1816. Vol. IIL 46. 

Quality 10. Sec. L From and after the passing of this Act, sawed scant- 

dimensions ling and boards, pipe, hogshead, and barrel staves, shall be consider- 
of mer- q([ merchantable only vvrhen made, formed, shaped, and conditioned 
lumber. ill manner following, to wit : all sawed scantling shall have three 
square edges, sound and without decay ; pipe staves to be at least 
fifty-four inches in length, three inches in breadth, and one inch 
thick on the thin edge ; hogshead staves to be forty-two inches long, 
three inches broad, and not less than three-quarters of an inch thick 
on the edges, sound and free from worm or knot holes ; barrel staves 
to be two and a half feet long, three inches wide, and not less than 
three quarters of an inch on their edge, sound and free from worm or 
knot holes. 

Sec. IL [Repeals all conflicting Acts.] 



An Act to prevent Lumber Measurers frovi being Clerks or Agents oj 
Lumber buyers or Lumber mills, and to define the mode of meas- 
uring stocks of hewn or ranging timber. — Approved Feb. 8, 1850. 
Pam. 307. 

Lumber 11. Sec. I. Be it enacted. That from and after the passage of 

noTto^r ^^^^ ^^^' ^^ lumber measurer hereafter appointed, either by the Gen- 
cierks or eral Assembly or by the corporate authorities of any Town or City of 
Lumber^ ^^^^^ State, shall during the term of his office, become the clerk or 
buyers. agent of any lumber buyer, or the clerk or agent of any lumber 
mill of this State ; and should any lumber measurer be guilty of a 
violation of the foregoing provisions of this Act, he shall be guilty 
of a high misdemeanor, and upon conviction, shall be imprisoned in 
the Penitentiary of this State, for the term not less than one year 
nor longer than three years. 
Entire 12. Sec. IL Hereafter all lumber mcasurcrs shall mcasm'c the cu- 

measiSed? ^^^ stock of timber brought to them for measurement, including the 
sap and Avain edge, pin holes and rot, and shall report a full and ac- 
curate account of the same to both the buyer and the seller ; and 
should any lumber measurer violate the foregoing provisions in this 
section, he shall be guilty of a misdemeanor, and upon conviction 
shall be subject to a fine or imprisonment in the common jail of the 
County, at the discretion of the Court. 



AGRICULTURE AND COMMERCE.— Millers— 1786. 



25 



Millers' Rule— ToU— Penalty. 



[Statutes omitted as obsolete, repealed or superseded. — Provincial 
Act of 1760, Watk. 66. Act of 1832, Pam. 130. Act of 1842, 
Pam. 131.] 



ART. X.— MILLERS. 



An Act to regulate the Toll to he taken at Mills. — Approved Jan. 



26, 1786. Vol. I. 363. 



/ 



All awners or occupiers of mills shall well and sufficiently grind, 
or cause to be well and sufficiently ground, all clean and dry grain shall grind 
brought to their mills, and in due turn (as far as five bushels) as the ^^ grain in 
same may be brought ; and may take for toll one-eighth part thereof, may 'take 
and no more. And every owner or occupier of a mill, .who shall not ^s toi?^^^ 
well and sufficiently grind, or cause to be well and sufficiently ground 
as aforesaid, (unless in time of drought, or other sufficient cause, of 
which the Justice may judge,) or not in due turn, or take or exact 
more toll, shall, for every such offence, on proof thereof by one or 
more credible witnesses, forfeit and pay a sum not exceeding fifteen 
shillings, to the party injured, recoverable with costs, before a Justice not so"do- 
of the Peace of the County where such offence shall be committed, "^s- 
Provided, always, that every owner or occupier of a mill may grind 
his or her own grain at any time. Proviso. 



ART. XI.— RICE DAMS. 



Sec. 1. Unlawful dams. 

" 2. Freeholders summoned. 

*' 3. Damages assessed. 

" 4. Fees. 

" 5. Plea. 

*' 6. Opening of dams. 



Sec. 7. If neglected. 

" 8. Removing obstructions. 

*' 9. Penalties. 

" 10. Insufficient dams. 

" 11. Fees. 



An Act to prevent damages arising from Dams or Banks, and for 
preventing persons from stopping the natural course or courses of 
water, to the injury of their neighbors. — Approved Sept. 29, 1773. 
Vol. I. 178. 



Whereas, it hath become a practice for persons to make dams or 
banks for the reserving or stopping of water, and at unseasonable 
times to let off" the waters so stopped and reserved, to the manifest 
injury of their neighbors ; to prevent, therefore, such injuries for the 
future, 

1, Sec. I. Be it enacted, That from and after the passing of this 
Act, no person or persons whomsoever shall be permitted or allowed ^J"o p^[^o^ 
to make or keep up any dams or banks to stop the natural course of up water 
any water or waters, so as to overflow the lands of any other person ^^^'5.^^^^^.^°^ 
or persons, without the consent of such person or persons being first flow the 
had and obtained ,• nor shall any person or persons whomsover, stop 0^"^^!^*^' 
or prevent any v/ater or waters from running off any person or per- consent. 
sons' field, whereby such person or persons may be prevented from 
4 



26 AGRICULTURE AND COMMERCE.— Rice Dams— 1773. 

Dams erected without conseiit — iiemccly. 

planting in sea,son, or receive any other injury 'whatsoever ; nor 
so as to turn th« natural course of any water or waters, from one 
channel or SAvamp, to another, to the prejudice of any neighbor or 
neighbors, or any other person or persons v/homsoever. 

2. Sec. II. In case any person or persons shall make or keep up 
Justk;es of any such dams or banks, to the injury of any other person or persons, 
to summon b]^ Overflowing their lands as aforesaid, upon complaint made there- 
h^f/lt^'^ of by the party injured, to any Justice of the Peace* for the District 
determine wherc the oifeucc sliall be committed, such Justice shall be, and he 
msuch ca- jg j-^gj^gv^y fnHj empowered, authorized, and required to summon five 

freeholders of the said District, one of whom shall be named by the 
said Justice, and tAvo by each of the parties ; and such freeholders, 
being first sworn before such Justice, to determine the matter justly 
and impartially, shall farthv/ith proceed to view the said banks and 
dams, and the damage complained of, and immediately certify the 
matter as they shall find it. under their hands, to the said Justice ; 
and in case an award shall be given in favor of the complainant, the 
said Justice shall immediately make an order to cut open the bank or 
dam, in such manner as to prevent any further damage, the expense 
whereof, and all other charges attending the prosecution, to be paid 
by the oliender. 

3. Sec. III. In case any damage shall have been -already sus- 
fo be'ascer- tained by the complainant, either by such dams or banks being kept 
Jf-^^„^^^^>\ up, or bv lettina; off any reserved waters, the said freeholders shall, 
dcrs& paid upon vlew thereof, ascertain and certify the same, under their hands, 
fenin^ °^" to the Said Justice, which damages so ascertained the ofiender shall 
party. immediately pay and satisfy, to the party grieved, "and in c?tse of 

neglect or refusal so to do in ten days, the said damage, if it does not 
exceed the sum of eight pounds, shall and may be recovered in the 
same way as debt and damages Ctre directed to he recovered and levied 
by the Act entitled, " an Act for the more easy and speedy recovery of 
small debts and damages ;''f and in case the said freeholders shall be of 
opinion that such damages do exceed the sum of eight pounds, then 
Proviso, such damages shall and may be recovered in any Court of Record in 
this province, in the usual manner : Provided, always, that nothmg in 
this Act shall extend or be construed to subject any person or persons 
v/ho shall have made or cause to be made, or shall make or cause 
to be made, any banks or dams, to reserve or stop water, to pay any 
damages which may be sustained by breaking of the said dams or 
banks, when occasioned by violent rains or floods, or when there may 
be an absolute necessity for cutting the said dams or banks to pre- 
vent the brea^king of the same. [Remainder obsolete.] 
tion'ofTee- ^- ^Ec lY. The freeholders shall each be ahowed for theii' 
holders, trouble and attendance herein, the sum of five shillings for each 
day's attendance on the same, to be paid by the party or parties of- 
fending. 

5. Sec. Y. In case any person or persons v/homscever shall be 

*Tlie Justices' Jurisdiction restored by tlie amendment of 1811 of the Constitution, 
art. Ill, sec. 1. 

fBut now (if under f 30,) before a Justice of the Peace, m pursuance of the Act of 
1811. See Justices of the Peace, sec. 5. 

LAW LIBRARY 
UNIVERSITY OF GE3RGIA 



AGKICULTURE AND COMMERCE.— Rice Dams~1787. 27 



Eice Dams, v.lien and how opened — Penalty 



sued or impleaded fcr any matter or thing committed or done in P'^i^'" f^^g|^-)J^ 
suance of the directions of this Act, it shall and may be lawful for execating 
such person or persons to plead the general issue, and give this Act J^^^^^^'^^'J^^^^^ 
and the special matter in evidence ; and in case the plaintiff shall the general 
become nonsuit, sulfer a discontinuance, or a verdict shall pass against ^''^^^^" 
him, the defendant shall be allowed double costs. 

Sec. Y1. This Act shall continue and be in force for the term_ of 
three years, and from thence to the next session of the General As- 
sembly, and no longer. [But see Laws, sec. 2.] 



An Act to rcgulale the opening of Dams across Rice Grounds^ and 
the making and keeping Dams fo?^ the reservoirs of loater. — Ap- 
proved Feb. 10, 1787. Yol. I. 179. 

Whereas, the practice of making and keeping up dams across rice 
grounds for the purpose of reserving water thereon during the win- 
ter, and the want of a proper law to ascertain the time when the 
same ought to be opened, has been attended with many inconvenien- 
ces, and oftentimes is the cause of much contention ; for remedy 
whereof, 

6. Sec. I. Be it enacted^ &fc. That every person who shall to^^g op^! 
keep water durino; the winter, upon "-rounds on which rice Shall be ^d on the 

/■ i cj t')tli clav of 

planted the ensuing spring, shall, on or before the 5th day of March March, 
next, and on the fifth day of March in each year, open the danis >'^^^^^y- 
v/hich keep up the water, in a sufficient manner for letting off the 
same ; paid if any person or persons shall neglect so to do, on or be- 
fore the time aforesaid, he or she shall forfeit and pay the sum of 100 lOO pounds 
pounds for every such neglect, upon the complaint or information of foJ.^^j-f|gp{._ 
any person or persons, through v\Ahose land such water may pass ; 
and it shall and may be lawful for such person to inform, and sue for 
the same in any Court of Record in the County v\^here such offence 
is committed ; and on conviction, the one half thereof shall be paid 
to the informer, and the other half to the use of the poor of the said 
County. 

7. Sec. II. Yfhere any person has neglected to open his or her How to be 
dam or dams in a sufficient manner for letting the water off the grounds the mvilcr 
before described, on or before the 5th day of March in every ye^^r, in n^^g^ects to 
manner aforesaid, it shall and may be lawful for any person, who may 

be affected thereby, at any time after the day aforesaid in every 
year, either by himself or herself, or his or her overseer, agent, attor- 
ney, or trustee, to apply to any Magistrate in the District for a war- 
rant of survey, who shall thereupon notify to the defendant the com- 
plaint made against him, with the time and place of meeting, and 
summons three freeholders, disinterested persons of the neighbor- 
hood or District where the cause of complaint shall lie, one of whom 
shall be then chosen by the defendant, and in case of his refusal, 
then by the Magistrate, another by the complainant, and the third by 
the Magistrate, who (beuig first sworn before the Magistrate to de- 
termine the matter in dispute justly and impartially, ) shall forthwith 
proceed to view the obstructions complained of- and if on view 



28 AGRICULTUHE AND COMMERCE.— Rice Dams~1787. 

Removing obstructions — Penalty for replacing them. 

thereof, the said freeholders, or a majority of them, shall be of opin- 
ion that such obstructions do or may prevent the party complaining 
from planting his or her crop of rice in proper time, then, and in such 
case, it shall and may be lawful for the said freeholders, or a majori- 
ty of them, to cause the same to be immediately opened or removed 
in any way or manner they shall think necessary for the purpose of 
giving the most effectual relief to the party complaining, whereupon 
the defendant shall be obliged to pay all expenses attending such 
survey ; Provided^ always^ that nothing herein contained shall ex- 
Proviso. tend, or be construed to extend, to impose any penalty on any per- 
son or persons, or to cause his or her dams or banks to be opened, 
who shall have made through his or her own lands a sufficient drain 
or drains (of which the said freeholders shall be the judges,) to carry 
off the waters passing through the same, in as expeditious a manner 
as they could have passed through the natural courses or channels, 
in case no such banks had been erected. 
Mode of 8. Sec. III. It shall and may be lawful for any person, at any 
obsu-u?-^ time between the said 5th day of March and the 1st day of Novem- 
tions to ber in every year, to apply in manner aforesaid for a warrant of sur- 

T)cISSill*^ Oil J J . ^ L X J 

surplus vey, on any obstructions which he or she may conceive, to impede 
water. tp^g conveying of any surplus v/ater on his or her rice grounds, and 
which by remaining thereon may prove any way injurious, or shall 
at any* time hereafter make or keep up any dam or dams, which shall 
stop the course of any water, so as to overflow the lands of any oth- 
er person or persons whatever, (without the consent of such person 
or persons first had and obtained,) and which shall be injurious to 
the said person or persons, then, in either of such cases, the said 
Magistrate and the freeholders by him appointed, shall proceed in the 
Froviso. same manner as is directed in the foregoing clause : Provided^ alioays, 
that if in either of the cases last mentioned, the defendant shall ne- 
glect or refuse to attend at the survey, to choose a freeholder as afore- 
said, then the three freeholders, who shall have been summoned by 
the Magistrate, shall proceed to determine the matter in dispute, in 
the same manner as if the defendant had been present, and had cho- 
sen a freeholder ; which said freeholders shall in both cases certify 
to the said Magistrate, under their hands, what shall have been by 
them done in the premises ; the expenses attending which survey 
shall be paid by the party against whom the award of the said free- 
of?uTvey' holders shall be given. 

Persons 9- Sec. IY. If any person, either by himself or herself, or by his 

stopping Qj. hor overseer, agent, attorney, or trustee, or servants or slaves, or 
Gpen?d,^'or any Other person or persons acting for him or her, shall presume to 
replacing g^^p ^p ^-^j ^^^^ ^^ dams, or replace any obstructions in any manner 
tions be- whatsoever, which has or have been ordered to be opened or remov- 
5rh^Ml^-ch 6d by an}^ freeholders as aforesaid, or v/hich has or have been opened 
and 1st of or removcd by himself or herself, or his or her overseer, agent, at- 
forfet^200^ torney, or trustee, or by order of either of them, on the said 5th day 
pounds, of March, until the first day of July, every person so offending shall 
penaity'for forfeit and pay the sum of two hundred pounds, to be recovered and 
hindering (Jig-posed of in manner aforesaid. And if any person shall presume 

tne open g ^ r 

ofdams,&cto obstruct, impede, or otherwise hinder or interrupt the openmg oi 



AGRICULTURE AND COMMERCE.— Rice Dams— 1787. 29 

Insuincient dams — Freeholders' Fees. 

any dam or dams, or the removing of any obstructions ordered to 
be -opened or removed by the freeholders as aforesaid, every person 
so offending shall forfeit and pay for every such offence the sum of two 
hundred and fifty pounds, to be recovered and disposed of in any 
manner aforesaid. 

And whereas, the keeping reservoirs of water by insufficient dams, 
and the want of proper waste ways thereto, is frequently the cause of 
such dams breaking and overflowing the fields of other persons, to 
their great damage : 

10. Sec. V. Be it enoxted, (^'c. That where any dam or dams insufficient 
have been made, or shall hereafter be made, for the purpose of form- eniarc4°d ^ 
ihg reservoirs of water, without a sufficient wasteway, and which «nder pen- 
now are or shall hereafter be found inadequate to sustain the weight pounds. 
of water against the same, the owner of such dam or dams shall im- 
mediately, or as soon as may be, cause the same to be enlarged and 
strengthened, where they are already made and are insufficient, and 

such as may hereafter be made, to be erected in a substantial man- 
ner, with a sufficient wasteway. And if any person shall neglect to 
strengthen his or her dam or dams, already erected, for the purpose 
aforesaid, where necessary, or shall hereafter erect any dam or dams 
for the purposes aforesaid, and which, in either case, in the opinion 
of three freeholders, or a majority of them, (to be appointed and pro- 
ceed in manner hereinafter mentioned, respecting surveys of dams 
across rice grounds,) is or are not made and regulated in manner 
hereby prescribed, every person so offending shall, on complaint of 
any person or persons liable to be affected thereby, and on convic- 
tion thereof in any Court of Record in the County where such of- 
fence is committed, forfeit and pay the sum of one hundred pounds 
for every such offence, which may be sued for, and if recovered, be 
disposed of in manner aforesaid. 

11. Sec. VI. Every person to be summoned as aforesaid shall be Freehoid- 
a resident in the County where his attendance shall be required, and 5^ allowed 

■jT.T,*^ -,-, -,. ^ \ two dollars 

who, upon bemg duly summoned and attendmg any survey as aiore- per day for 
said, shall be entitled to receive the sum of nine shillings and four •^^'"'^^^^^^ 
pence per day each, for every such attendance, to be paid by the 
person against whom the verdict of the freeholders shall be given ; 
and in case of the non-attendance of any person, a resident, and 
summoned, as aforesaid, (unless prevented by sickness or some rea- fe^^\^o^^V(ig 
sonable excuse, to be made upon path, to the satisfaction of such for neglect. 
Magistrate,) then, and in such case, every such person so neglecting "gl^l^^y^g^^ 
to attend, when summoned as aforesaid, shall forfeit and pay the sum summoned 
of ten pounds per day for every such neglect or refusal. 



30 AGRICULTURE AND COMMERCE— Seamen& Mamners-1766. 

Arrest of delinquent Seamen — C'redit to Seamen. 



AIIT. XII.— SEAMEN AND MAIIINEIIS.* 
Sec. 1. Apprcliension. 'Sec. 7. Ferrymen setting over. 



2. Charges — how paid. 

3. Illegal credit. 

4. Tavern keepers. 

5. Ccrtiiicate:^. 

6. Coninianders hirinsr. 



8. Intent to abduct. 

9. Abduction. 

10. Harboring. 

11. llcrealin^- clause. 



An Act to punish Seainen or Mariii.ers^ neglecting or deserting their 
duty on hoard their respective Ships or Yessels ; and for prevent- 
ing Semne or Mariners from being harhored or running in debt. — 
Approved March 6, 1766. YoL I. 414.t 

Whereas.^ masters and commanders of vessels trading to this prov- 
ince are often greatly distressed by the neglect or desertion of their 
seamen, which is in general occasioned by such seamen being har- 
bored and entertained by, and running in debt with the keepers of 
taverns and tippling houses, and ill-disposed persons, to the great 
detriment and hindrance of trade, for prevention of which evil, 

1. Sec, I. Be it enacted^ 4'^. That from and immediately after 
Justices *|jQ passinof of this Act, if any seaman or mariner, iiavins;- entered or 
heiiddeiin shipped himsclf Oil boaid any ship or vessel within this province, or 
qiient sea- ^}^;[qJ-^ shall come to the same, and havins: sisjned an as-reement or 

men wiio ' . % o , . 

arc under coiitract witli the mastcr or commander thereof, to proceed upon any 
conn act yQy^jgg therein mentioned, shall absent himself from such ship or 
vessel for the space of twenty-four hours, without leave had and ob- 
tained from the said master or commander, or other chief olficer, hav- 
ing the command of such ship or vessel, or shall refuse or neglect 
to perform his duty on board the same, or refuse to proceed on the 
voyage mentioned in such agreement or contract, signed as aforesaid, 
it shall and may be lawful' for any Justice or Justices of the Peace, 
within their respective jurisdictions, upon application being made to 
him or them by such master or commander, to issue his or their 
v/arrant or warrants to apprehend such seaman or mariner, and upon 
proof of such absence without leave had and obtained, or of such 
neglect or refusal as aforesaid, to commit such seaman or mariner to 
the jail or workhouse, for any time not exceeding thirty days, any 
law, usage or custom to the contrary notwithstanding. 

2. Sec. II. The charge of apprehending, committing and main- 
Charges taining such seaman or mariner, during hig confinement as aforesaid, 
out of" the shall be paid by the complainant, vvhich cliarge he is hereby author- 
seaman's yz^q^]^ to dcduct out of the wapTCS duc. or to be due to such seaman or 

wages, . , ° ' 

manner. 

Persons "^^ ^^'^' I^^- I^ "'-^^Y pGi^sou or pci'sons whatsoever after the passing 

trusting of this Act, sliall give credit to or trust any seaman or mariner belong- 
inan above ^'"^S ^^ ^"^'^7 ^'^^P ^"^ vcsscl witliiii tliis province, having signed air/ 
o shillings, agreement or contract to proceed thereui as aforesaid, for any sum 
ie;nxofthe<?^^-^'^'G'*^-^^'^^g fivc shillings, cxccpt by leave of the master or command- 

c;^ptain, 

shall lose -^-I'.or the several Acts giying suinniary juriBdlction to the City Court of Savannah 
tiie de.jt f,-,2j, seanren and Mariners, sec Judiciary " City C-ourts Savannah," tecs. 23, 50. As to 
security for jail fees, see " Insolvent Debtors," sec. 7. 

fHivi Act declared to be in full forjc, lS3i. — " City Courts SavaiuiaL," sec. 31. 



AGRICULTUR E AND COMMERCE— Seamen& MAmNEiis-1766. 31 

Harboring and entertaining Setimen — Ccrtilicatc?. 

er of siicli ship or vessel, he, she, or they, so giving credit to or trust- 
ing such seaman or mariner as aforesaid, shah, for every such offence, 
lose the moneys or goods so credited or trusted. 
Sec. IY. [Repealed by Act of 1843, sec. XL*] 

4. Sec. V. All and every keeper or keepers of taverns, or tippling '^^^''^'^J\ 
houses, or any ether person or persons whatever, who from and after famishing 
the passing of this Aet, shall sell any wine, punch, beer, ale, cider, oi'^^oS^^han 
any spirituous liquor whatever, to any seaman or mariner belonging to one shiii'g 
any ship or vessel, and having signed any agreement or contract as pence''" 
aforesaid, to the amount of more than one shilling and six pence in worth per 
any one day, or shall entertain, or suffer any seaman or mariner as teft'ainino-* 
aforesaid to drink or ti])])le in his, her, or their house, or furnish such,V^^,^\^ '\ftV^ 
seaman or mariner with any liquor as aforesaid, after the hours of nightwith- 
nine of the clock at night, unless with the knowledge or by the leave |^\^-. l^^JT' 
and consent of the master or commander of the ship or vessel to which shiiimgs. 
such seaman or mariner shall belong, such keeper of tavern or tip- 
pling house, or such person or persons so offending, shall, upon proof 

of such offence, forfeit the sum of twenty shillings sterling, to be re- 
covered and a.pplied as in this Act is before directed. 

5. Sec. VI. From and after the passing of this Act, any and Masters 
every seaman or mariner, Avhose agreement or contract entered into shall give 
v/ith any master or commander of any ship or vessel within this pro- to seamen 
vince, for the performance of any voyage therein specified, shall be ^orfovn.^ed 
fulfilled and determined, shall and may demand of, and from, the said their con^ 
master or commander, a certificate thereof, and of his discharge from pe^jiaiu^^of 
such ship or vessel, which certifj.cate such master or commander is 5 pounds. 
hereby required to give, under the penalty of five pounds sterling, 

to be recovered by v\^arrant of distress, and sale of the offender's coveVccr & 
goods, under the hands and seals of any two Justices of the Peace, j'Pp'i-^^- 
for the parish where such offence was committed, and be to his Ma- 
jest)^, and applied one half to the informer, a,nd the other half to the tusai^two' 
poor of the said parish ; and upon refu.sal of said master or com- J^i'-^tices 
mander, to give such certificate without just cause, any tw^o Justices such 'certi- 
of the Peace, upon due appiicatien and proof thereof, are hereby em- ^^'^^^• 
powered to give such certificate, wdrich shall be of equal force, as if 
given by such master or commander ; and such Justices shall receive 
for every such certificate so given by them as aforesaid, the sum of 
one shilling sterling, to be paid by such master, or commander, refus- 
ing as aforesaid. 

(3. Sec. YIL No master or commander of any ship or vessel L!,T-^':f^':^" 
within this province, shall hire, receive, entertain, or ship, any sea-i^e^^mcn 
man or mariner belonging to, and pretending to be discharged from Tei'tificltcs 
any other ship or vessel, unless such seaman or mariner shall have a cer~ f^iieit ten 
tificate of his discharge as aforesaid, under the penalty of ten pounds ^''^"" ^' ' 
sterling, to be recovered and applied as the penalty in this Act in- 
flicted upon masters or connnanders refusing to give such certificate. 

7. Sec. VIIL If any person or persons keeping or attending any 
ferry within this province, shall willingly or wilfully transport, or 
suffer to be transported over such ferry, any fugitive seaman or ma- 

*Scc iou-thcr Aet oi 1813, scc&. 3, 9, 10, II, 



sert. 



32 AGRICULTURE AND COMMERCE— Seamen fc Mariners-1843. 

Abdiictioii — Aiding to desert Harboring, secreting, &c. 

Ferrymen riner, iiot haviiisf a certificate of discharge as directed by this Act, 
them over he shall, upoii coiivictioii thereof, before any one of his Majesty's Justi- 
without (,gg Qf lY^Q Peace for the parish where such offence was committed, for- 

sucii ccrti' ^ 

ficate, for> feit fivc pounds sterling, to be recovered by warrant of distress, and 
feit £5. gg^jg q£ ^YiQ offender's goods,* and be to his Majesty, to and for the 

use of any person or persons informing of and suing for the same. 
Continua- Sec. IX. This Act shall be and continue in force for and du- 
ring the term of three years, and from thence to the end of the next 
session of the General Assembly, and no longer.f 



An Act to define the offences of abducting and harboring seamen^ and 
to punish the same, and for other purposes therein mentioned. — 
Assented to Dec. 27, 1843. Pam. 136. 

Entering 8- Sec. 1. Be it enacted, That from and after the passing of this 
ship with ^ct^ if any person or persons shall board any ship or vessel, in any port 
abduct and or harbor, or on any of the waters of this State, with intent to inveigle, 
cied^^*^' - entice, convey away, abauct, with or without violence, or secretly 
men to de- Carry off any articled seaman, or mariner, or apprentice, from such 
ship or vessel, or shall afford any conveyance or facility to such sea- 
man, or mariner, or apprentice, to desert or leave such ship or vessel, 
then and in each of such cases, such person or persons so offending, 
shall be liable on conviction to fine or imprisonment, at the discre- 
tion of the Court. 

9. Sec. 2. If any person or persons shall aid or assist in any way or 
duction & manner, any articled seaman or mariner, or apprentice, to desert from 
desertion, j^-g ^j^^^ ^^ vcsscl, while within the waters of this State, or shall in- 
veigle, entice, convey away, abduct, or carry, with or without vio- 
lence, or secretly carry off any articled seaman, or mariner, .or ap- 
prentice, from any such ship or vessel, such person or persons so 
offending, shall on conviction, be liable to fine or imprisonment, at 
the discretion of the Court. 
Harboring. 10. Sec. 3. If any pcrsou or persons shall harbor, secrete, enter- 
tain, lodge or keep, or shall directly or indirectly suffer to be har- 
bored, secreted, entertained, lodged or kept, in or about his house or 
premises, any articled seaman or mariner, or apprentice, knowing 
the said seaman, or mariner, or apprentice, to have deserted from his 
Fine ^oOO ship or vessel, such person or persons shall on conviction, be fined in 
or impns- ^ g^^^ ^f j^q^ morc than five hundred dollars, or imprisoned at the 

onment. t • .. t, ^ ? r 

discretion of the Court. 
Repealing 11. Sec. 4. The fourth section of an Act entitled an Act to 
clause. punish seamen or mariners neglecting or deserting their duty on 
board their respective ships or vessels, and for preventing seamen or 
mariners from being harbored or running in debt, approved March 
the sixth, in the year of our Lord one thousand seven hundred and 
sixty-six, be and the same is hereby repealed. 



Actual ab> 



*See Constitution, art. Ill, sec. 1. See Insolvent Debtors, sec. 7, as to security for 
ail fees. 
fKeyiYed, see <' Laws," sec. 1. 



AGRICULTURE AND COMMERCE— Shipping, &c.— 1799. 33 



Commissioners of Pilotage — Pilots' License. 



APT. XIII— SHIPPING AXD PILOTAGE. 



Sec. 



1. 


Commissioners. 


5ec. 


31. 


2. 


liiecnse to Pilots. 


(( 


32. 


3. 


Bond aiid oatli. , 


a 


33. 


4. 


Disputes — how determined. 


a 


34. 


0. 


Damages for unskilfuhi ess. 


a 


35. 


6. 


Pemoval of Pilots. 


a 


36. 


7. 


Masters refusing to receive. 


a 


37. 


8. 


Kates iixed. 


a 


38. 


9. 


Pilots' preference. 


a 


39. 


10. 


Mooring vessel. 


a 


40. 


11. 


Piloting to another port. 


a 


41. 


12. 


What vessel shall pay. 


a 


42. 


13. 


Fines appropriated. 


a 


43. 


U. 


Secnrity for fees. 


n 


44. 


15. 


Plea. 


ti 


45. 


16. 


Citizens only pilots. 


i( 


46. 


17. 


Fees. 


i. 


47. 


18. 


Health Officer. 


a 


48. 


19. 


Com.pensation — Tonnage duties. 


a 


49. 


20. 


Pates of Dockage, &c. 


n 


50. 


21. 


Preamble. 


a 


51. 


22. 


Unlicensed Pilots. 


u 


52. 


23. 


Proceedings against. 


i( 


53. 


24. 


Bond. 


(< 


54. 


25. 


Ilecovery of Penalties. 


(( 


55. 


26. 


Commissioners for Savannah. 


<( 


5o. 


27. 


Oath. 


(( 


51. 


28. 


Appeal — Trial. 


a 


58. 


29 


Pilots' qualification. 


i( 


o9. 


30 


Depositions. 







Popealing clause. 
Fm-ther Bonds. 
Su'opoenas. 

Attaching Witnesses. 
Interrogatories. 
Officers' Fees. 
Who liable for pilotage. 
Redress in case stated. 
Advance on fees. 
Com. may reduce. 
Chamber of Commerce. 
Nev/ members. 
Privileges. 

Wharves — exammation of. 
liafts. 

Unseaworthy vessels, 
llemoval of. 
Obstructions in Pivers. 
injurious erections. 
Erections on Shoals. 
Name of Board. 
Ballast and Kubbish. 
Proceedings against offenders. 
Ilesisting execution of this Act. 
, Collection of Fines. 
x\ppropriation of. 
Meeting — Powers. 
Wharf hues. 
Vested rights reserved. 



An Act to regulate the pilotage of vessels to and from the several ports 
of this State. — Approved Dec, 6, 1799. Vol. 1. 592. 



Whereas, it is highly necessary for the safety of all ships and ves- 
sels bound inward to and outward from the several ports of this 
State, that there should be a sufficient number of skilful and able 
pilots constituted and appointed for the bringing in and carrying out 
tlie same ; for the more expeditious and effectual performance of 
which, 

1. Sec. I. Be it enacted, '^'c. That the several persons hereinaf- 
ter named, be commissioners for the regulation of pilots, rates, and all 
matters relating to the pilotage for the ports hereinafter mentioned, 
viz : For the bar of Tybee and river Savannah, and for the several 
bars and inlets lying to the northward of Saint Catharine's bar,^ 
[five persons named:] for the bar of Saint Catharine's and river Med- 
way, and for the several bars and inlets to the southward of Saint 
Catharine's bar as far as Turtle river.* [live persons:] and for the bar 
of St. Mary's, and for all the bars and inlets south of the said Tur- 
tle river, [also five persons.] Three of each respectively are hereby 
declared to be a quorum,! and who are hereby empowered to nomi- 
nate, appoint, and license such person or persons as they shall think 
to be most fit and competent^ to act as pilots for the conducting 

* For Savannah, see note 1, and for Darien, see note 2, at the end of this title, 
t But see sec. 26. % Sec sec. 16, 20. 

5 



Commis- 
sioners of 
pilotage. 
For the bar 
of Tybee, 
&c. 

Bar of St. 
Cath'riues, 

&G, 

BarofSt. 

Mary's,Oi;c. 
How many 
form a 
board. 

Empower- 
ed to li- 
cense pi- 
lots.. 



34 AGRICULTURE AND COMMERCE-— Shipping, fee— 1799. 

Pilots' Bond — Oatli — Diiterences oetTS'ecn Maste-rs and Piiotj^. 



of vessels inward to and outward from the severa.1 ports for which 
they shall be licensed during their good behavior severally and re- 
Vacancies spectively. And if there shall happen to be a deficiency of the said 
mi3sioii°fii- number of five commissioners respectively, by death;, resignation, or 
led by the departure out of this State, the surviving or remaining number, in 
»\enioi. g^^^i^ case, shall apply to the Governor or Commander-in-Chief for the 
time being, who is hereby empowered to appoint a new commission- 
er or commissioners to nil any vacancy that shall so happen, and so 
on from time to time, and at all tim.es hereafter, whensoever there 
shall be a deficiency of the said number of five commissioners for 
each district. 
iSTo person ^- ^^^' ^^' From and after the passing of this Act, no person 
to act m shall be entitled to receive any fee, gratuity, or reward, for conducting 
less Ucens- ^^ piloting any vessel inward to or outward from any of the ports or 
edu harbors for which a pilot shall be licensed, unless such person is 

properly nomxinated, appointed, and licensed by the commissioners of 
the port where such vessel is bomid to or going from, and that no 
person may m.eddle, interfere, or disturb the licensed pilots in tlie 
way of their duty. 

Sec. III. [Repealed by Act of 1S30, see sec. 31.] 
3. Sec. TV. E^ery pilot or pilots, warranted or to be warranted, 
or licensed as aforesaid, shall enter into bond v/ith the commissioners 
of pilotage, with two or more securities, in the penalty of ^2000 to 
his honor the Governor, and his successors, for the due execution of 
their office. "^ and shall take and subscribe the folio v/ina- oath, to be 
tendered by the said commfissioners, or any quorum of them, for the 
time being, before the said pilot or pilots shall be entitled to receive 
any fee or reward in that capacity ; viz : "I, A B, appointed pilot for 
the port and harbor of , do solemnly and sincerely swear that I 



Pilots 

skall give 
bond and 
seourity. 



And take 
thj^oatlk 



will v/ell and truly execute and discharge the business and duty of a 
pilot in the said port and harbor of — — , according to the best of m.y 
skill and knowledge ; and that I will at all times, (Avind and weather 
permitting,) use my best endeavors to repair on board all ships and 
vessels that I shall conceive to be bound for, coming into, or going 

out of the said port or harbor of , that appears to want a pilot ; 

and do further swear, that I will from time to time, and at all times, 
make the best dispatch in my power to carry safely out, or bring over 
the bar , and to the place of discharge, every ship or vessel com- 
mitted to m.y care ; and that I will from time to time truly observe, 
fulfil, and follow, to the best of m_y skill, ability, and knovdedge, all 
such orders a,s I shall from time to time receive from the commission^ 
ers of pilotage, or the major part of them, in all matters and things re- 
lating to the business of a pilot." 
Differences ^- Sec. Y. In case any damage, dispute, complaint, or difference 
ijetwecnpi- giiail happen to arise, or be made against or betvv^een any master oi 
masters of pilot for or Concerning the pilotage of any ship or vessel, or any oth* 
hmvfo'be ®^ matter incident or relative to the business or care of a pilot, in any 
detennin'd of the said harbors, all such damages, disputes, complaints, or differ- 
ences, (when the claim does not exceed $100,) are hereby ordered to 



*See sec. 24. 



AGRICULTURE AND COMMERCE— Shipping, &c.~1799. 3 

Pilots' liability — Ilcmoval. 

be heard and determined by the commissioners, or a majority of them, 
appointed for the care of the. pilotage, where such damage or dispute 
shall happen, who, by their decree, arbitrament) or order, shall and 
may lawfully decide, adjust, and regulate every such damage, dis- 
pute, complaint, or d'ifference ; and if either of the said parties, mas- 
ter or pilot, shall refuse to abide by, fulfJ, cr perform the decree or 
order, or other adjudication of the said commissioners, or a majority 
of them, who shall hear and determine the same, the party so refus- 
ing shall be subject, in addition to the former award, to the penalty 
of not exceeding $100, as the said commissioners, or a majority of 
them, shall think proper to adjudge, the whole to be levied by war- 
rant of distress, under the hand and seal of the said commissioners, or 
any three of them, and sale of the offender's goods, and such part of the 
Kiid award and penalty so inflicted and recovered as the commis&ion- 
ers inflicting the same shall think reasonable to satisfy any damage 
the party aggrieved shall sutler by such neglect, act, matter, or t^ing 
as aforesaid, shall be paid to the party aggrieved, and the remainder 
to be applied for improving the navigation of the port and harbor 
where such penalty is recovered ; and in case of default of payment 
of such award and penalty, and no property to be found belonging 
to the party offending, then, and in that case, an attachment shall 
go in like ma,nner under the hand and seal of the said commission- 
ers, or any three of them, against tlie person of the party so refusing, 
who is hereby to be kept in prison for a term not exceeding six 
months, without bail or mainprize, anything in this or any former 
Act to the contrary notwithstanding.* 

5. Sec. VI. If any ship or vessel whatsoever, or the* cargo and piiot? an- 
freidit therein contained, shall hapnen to receive anv-damaire or mis- ^.^"^/'^^'^ 
carriage, or be lost through the neglect, insuiliciency, or default of gcs, hapl 
or in any of the pilots for any of the said harbors, after such pdot J^.q\^;\^;3^ 
takes charge of the same, and the claim exceeds §100, the said pilot of skill 
shall in such case, on conviction thereof in any Comt of Record in 

this State, be obliged to answer and make good to the sufferers, or 
the master of such ship or vessel, all and every the damages and loss- 
^ Yvrhich he or they shall sustain through the said pilot's neglect or 
default in any manner or wise whatsoever. 

6. Sec. VII. If any of the pilots for the ports aforesaid, for the commia 
time being, shall be found not sufficiently skilled, or shall become sioners 
incapable of acting, or shall be negligent or misbehave in his duty move '^pi- 
towards the commissioners, or any one of them^ then, and in such ^-"^"^ f^'Q^ 
ease, the commissioners of the port or harbor for which such pilot ®^°*^ 

is licensed, «hall annul or revqjie the warrant or license of every such 
incapable or offending pilot, who shall thenceforth be totally sus- 
pended, and be deemed incapable to receive and take any fee, o-ra- 
tuity, or reward, for the guiding or piloting of any ship or vessef in- 
ward to or outward from, any of the said ports. [The rest of the 
section, and the words in italics, repealed by Act of 1830, see sec 
31.] 

7. Sec, YIIL Any person, master, or commander, that shall bring 

■•Eiit see &ec. 24. 



36 AGRICULTURE AND COMMERCE— Shipping, &c.— 1799. 

Hates of Charges — Pilot's preferences — Duty. 

Masters of^j^y g^jp or vessel to any of the bars or the coast of any of the said 

VGSSgIs I'G" J 1. ^ •' •^ 

fusing to harbors, and shall refuse to receive on board any warranted or licensed 
receive a pjiot^ the Said persoh, master or commander, so refusing, and after- 
board shall wards bringing in the said ship or vessel into any of the ports afore- 
hi^fees^ Said, shall, and is hereby made liable to pay the pilot first offering to 
come on board such ship or vessel without the bar, to take charge 
thereof as pilot, tlie same rates, dues, and payments, as are hereinafter 
particularly expressed and provided, and to be paid in the same man- 
ner as if the said pilot had actually piloted the same ship or vessel in- 
to any of the said ports or harbors. 
Shall pay S. Sec. IX. The master or commander of any ship or vessel, 
the rate-i for the consideration of the pilotage of the said ship or vessel inward 
the com- to or outward from any of the ports or harbors aforesaid, shall pay 
sioners of nuto the liceiiscd pilot that shall take charge of the same, the several 
•ige. ^^^^^ ^^^^ sums of money, rates and prices as are established by the 
board of commissioners,* as full and ample satisfaction imto the said 
Penalty for pilot, for his carc and charge in bringing in or carrying out every 
overcharge g^ch ship or vcssel ; and if any licensed pilot shall ask or demand 
more fees for his services than is specified in the rates of pilotage, on 
due proof thereof before the commissioners, or a majority of them, 
he shall forfeit double the amount of such vessel's pilotage. 
The pilot 9. Sec. X. To encourage as much as may be, pilots to attend 
Tvessenn- ^hc bars, that all and every licensed pilot, bringing any vessel safe 
to port has from sca, shall have the preference of bringing such ship or vessel 
eiice^to up and down the river, and to sea again, provided they give their at- 
conductit tendance and are duly qualified, and if any master or owner of any 
vessel in the port, employ any other pilot to carry his vessel down 
the river, or to the sea, but the pilot who brought her in, or one be- 
longing to the same boat, unless good and sufficient cause shall appear 
therefor, on due proof thereof before the commissioners, shall be liable 
to a fine not exceeding 100 dollars, one half to the pilot claiming the 
pilotage of the vessel ; but should such pilot neglect or refuse to at- 
tend, and carry down said ship or vessel when ready for sea, (wind, 
weather, and tide permitting,) and thereunto required by the master, 
owner, or consignee, shall, on conviction thereof before the board of 
commissioners, forfeit the upper pilotage of such vessel, and be lia- 
ble to a fine not exceeding 100 dollars ; and every pilot acting on 
board such vessel where he has no right, shall be liable to the same 
penalty, provided the commissioners have not sufficient evidence of 
the necessity of his acting. 
Pilotsshaii 10. Sec. XI. All and every pilot in any of the harbors aforesaid^ 
vessels, wlieu he has brought any ship or vessel to anchor, in any of the 
aforesaid harbors, shall, and is hereby directed and required to moor 
such ship or vessel, or to give proper direction for the mooring of the 
same, and for their safe riding at such mooring. 
Maybe 11. Sec. XII. If any pilot or pilots belonging to any port in this 

to^iiotto State, shall meet at sea with any vessel or vessels bound to another 
another port witliiu the Same, such pilot or pilots shall, if capable and there- 
^°^ ' unto required, take charge of and pilot the same into such port, and 

*See sec. 17. . 



AGRICULTURE AND COMMERCE— Pilotage, &c.— 1815. 37 

Vessels liable— Pilots, citizens IT. S. 

shall be paid two dollars per day for every day such pilot shall be on 
board such vessel at sea without the bar, over and above the usual 
rates of pilotage ; and no other pilot shall interfere while the first is 
willing to continue his services. 

12. Sec. XIII. All vessels enterinor and clearin": w^ithin this State What ves- 
shall pay the several rates of pilotage, if a licensed pilot is offered, pay piiot- 
except the constant coasting vessels to and from Charleston, and they ^s^. 
shall pay half pilotage up, if a pilot is offered without the bar, if they 

take no pilot, and whole pilotage if they take one, any law, custom, 
or usage to the contrary notwithstanding ; but vessels coasting from 
one port to another within the State, shall not be liable to pay pilot- 
age, unless a pilot is required to act on board. 

13. Sec. XIY. All fines or parts of fines that may be recovered Fines ap- 
under this Act, which shall not be awarded by the commissioners to P^'^P^'^^^e'i- 
the party complaining, shall go to the fund for improving the navi- 
gation of the port. 

A/id u'lurcas, there have been instances of captains of vessels refus- 
ing to pay the pilots agreeable to rates, after getting to sea, in which 
case the said pilots have no remedy : 

14. Sec. XY. Be it cmacled, That the captains of such vessels as Masters 
have no owner or consignee in the port, shall be obliged, if requested JJJjJJe^ to 
by the pilot acting on board, to give security for the faithful pay- give sccur- 
ment of the ]:>ilotage before said vessel leaves such port. ontw;!id ^ 

15. Sec XVI. If any person or persons authorized to carry this f^^'^- 
Act into execution, shall be sued or prosecirted for any matter or ui issuT^^" 
thing to be done in pursuance thereof, it shall and may be lawful for 'Y-*"]^^] 
such person or persons to plead the general issue, and give this Act 

and the special matter in evidence. 

Sec. XVII. [Repeals all foimer Acts respecting pilots and pilot- 
age.] 



An AcL suppUnicntary to the foregoing. — Approved Dec. 12, 1815. 

Vol III. pam. of 1815, p. 6. 

16. Sec. I. It shall not be lawful for any person to be commis-Noncimta 
sioned as a pilot but a citizen of the United States, and whose usual thTu^s.^ 
residence has been therein, and who shall furnish arood recommend- so aii be a 

O -14- 

ation of his character, capability, and attachment to our govern- ^^ ° ' 
ment.* 

17. Sec 11. The compensation for outward pilotage shall be the niots' 
same as inward, and that the sum of two dollars per day be allowed [T"^P^°^^' 
for each day that any pilot may be detained on board of any vessel 
bound out, from head v/ind or other detention. 

[The remaining two sections relate to Sav^^nnah exclusively.] 

*And see sc3. 29. 



38 AGRICULTURE AND COMMERCE— Shipping, &c.— 1823-'29. 



Health Ofiicer — Tonnage duties. 



An Act to vest, in the Mayor and Aldermen of the City of Savannah^ 
the right to appoint the Health Officer for the port of Savannah^ 
and to regulate the compensation to he allowed the said Health Of- 
ficer, and the harbor-fnaster of said poi^t for their services ; and to 
repeal the several laivs imposing a duty on tonnage in the river and 
harbor of Savannah ; and to appropriate the funds unexpended in 
the hands of the: CommJssioners heretofore authorized to receive the 
same. — Approved Dec. 19, 1823. Vol IV. 452. 

Mayor and 18. Sec. I. The Mayor and Aldermen of the City of Savannah 
aldermen g]^^|| q^l the first re.oTilar meeting: ii^ December next, (1823,) and an- 
nah annu- niialiy Oil their first regular meeting in December thereafter, proceed 
a health of- ^y ^^^^^^ to elect a health officer for the port of Savannah, who shall 
ficerforthebe uiider the direction and control of the said Mayor and Aldermen, 
Yannah. ^~ ^'^^ subjoct to such Ordinances, rules, and regulations as the said May- 
or and Aldermen ma^^ make and prescribe for the better regulation of 
the duties of said health officer.^ 
And fix the 19. Sec. II. .The Said Mayor and Aldermen be, and they are 
tion^nihn hereby empowered to regulate the compensation to be allowed for 
and the the scrvices of the said health officer and the harbor-master of the 
ar. mas er p^^,^ ^£ Savannah. 

Certain du- ^pi laws and parts of laws heretofore passed for the purpose of levy- 
nage re- ing or authorizing so to be levied, a duty on tonnage in the river or 
pealed. harbor of vSavannah, either for the purpose of compensating the har- 
bor-master or health officer, or for the use of the anchors, buoys and 
chains put down in the said river, or for any other purpose, shall be, 
and the same are hereby repealed, so far as they authorize the levy- 
ing of such tonnage duty ; and no officer appointed by or a^cting un- 
der the authority of this State, or the said City of Savannah, shall be 
authorized to ask, demand, or receive any tax or duty on tonnage in 
Proviso, the said river or harbor of Savannah : Provided always, that noth- 
ing in this Act contained shall operate to prevent the collection of 
any sum heretofore due for any of the causes aforesaid, but that the 
commissioners of pilotage shall be, and they are heiehj authorized 
to enforce the collection of the same ; and they are hereby author- 
ized and required to apply any unexpended balance in their hands 
to the purpose of removing or lessening the obstructions in Savan- 
nah river between the said City of Savannah and Five Fathom 
Hole.f 

Sec. IV. [Repeals all conflicting laws.] 



An Act to establish rates of dockage, wharfage, and storage, in the 

City of Savannah, and to repeal all laws or pai'ts of laivs mJlital- 
ing against the same. — Approved Dec. 22d, 1829. Vol. IV. 484 

Whereas, by a vast increase of trade in this State many articles 
are now imported into and exported from it, for which no rates of 

*ror general regailations in reference to quarantine, see " Health." 

tSee resolutions on this subject, pam. 1830, p. 228 — of 1831, p. 266, ar.d of 1843, p. 183. 



AGKICULTURE AND 



cbMMERCE— -St 



HIPPING, &c. 1829. 



39 



Dockage, Wharfage and Storage. 



"wharfage for landing and for shipping at the port of Sa,vannah are spe- 
cified by any former Act ; 

20. Sec/ I. Be ii enacted, That from and immediately after the^^^^P"^' 
passage ot tnis Act the several owners or occnpiers oi wharves m of wharves 
Savannah shall be allovv^ed to chars-e, demand, and receive the sev-^^f'^\^^' 

1 , . r • -i r 1 - f T 1 r ^^*^ allows 

era! raies neremaiter mentionea, lor tne wnariage or dockage oi ves- ed to 
sels lyine at the wharves for the landin^s; of produce and other aroods, charge for 
and lor tne shippmg oi tne same, ana lor tne storage thereoi, and no age. &c. 
moi 



that is to say, 



RATES OF 



DOCKAGE. 



WHAREAGE, STORAGE. 



* 



^ CtS 

Anvils, each, ...:,. 3 

Anciiors, iive hundred pcaiicls, 
and imder twer/e hundred 
pornids, 12 

Anchors, twe]ye hundred pounds 18 
and upwards of tvveh'e hun- 
dred pounds, 25 

Butts and casks, two hundred 
gallons and upwards, . '^^ 

Barrels ale, apples. 

Barrels alcohol, .... 

Barrels beef, beer, bread, ba- 
con, 

Barrels coiTee, corn, cider, 

Barrels eiTipty, 

Barrels fish, flour, 

Barrels gunpowder, one hun 
dred pounds and upwards, 

Barrels gunpowder, under one 
hundred pounds, 

Barrels gin, 5 

Barrels hams, herrings, or in- 
digo ■ . ^ 



3 



Barrels lime, . . . . . 

Barrels molasses, .... 

Barrels nuts, or onions, . 

Barrels oil, ...... 

Barrels potatoes, pitch, plaster 
paris, porter, pork, pimento, 
pepper, 3 

Barrels rice, same in half bar- 
rels, , 4 

Barrels rosin, 3 

Barrels rum and other spirit- 
uous liquors, 5 

Barrels salt, sugar, turpentine, 
tar, ........ 3 

Barrels vinegar, wdne, and whis- 
key, . . . 5 

Barrels, halves and half-quarter 
casks of liquors, .... 3 

Barrels, halves, of provision, 
ale, beer, cider, &c,, . . . 2 

* Extended to Darieu, lS-12, Parn. 160. 



8 CtS, 



Bolts bagging, canvass, duck, 
oznahurgs, (or per piece,) 

Boxes dry goods, upvv^ards four 
feet square, 

Boxes' dry goods, under four 
feet square, 

Boxes axes, candles, chocolate, 
cheese, cordials, dates, figs, 
glass of fifty {q^X, herrings, in- 
digo, prunes, raisins, starch, 
segars, tin plate. 

Boxes lemons and oranges, 

Boxes suirar, .... 

Boxes tobacco, .... 

Bales cotton, .... 

Bales bagging, canvass, carpet- 
ing, blankets, and other dry 
goods, 

Bales deer skins, . 

Bales hay, 

Bales empty bottles, . 

Baskets, nests, .... 

Baskets oil, wine, cordial, &c 

Bacon, per thousand pounds, 

Bark, (tanners') per cord, . 

Bellows, (house) .... 

Bellows, (blacksmith's) . 

Brick and tile, per thousand. 

Bundles brooms, band-boxes, 
collars, hames, pans, scythes, 
spades, shovels, trees, vines, 
vices, &c 3 

Bags almonds, coffee, cocoa- 
nuts, pepper, pimento, ginger, 3 

Bags grain, ■ 1 

Bao-s shot, ^ 

Ballast, per ton, 

Bale rope, per coil, .... 

Cultivators, . 

Cornsheilers, ...... 

Cam booses, 

Cheese, per hundred pounds, in 
bulk, . . . . . 



Rates af 

dockage, 
wharfage, 
2 & storage. 



2 
3 
5 
3 
5 



5 
5 
6 

5 
2 



374 



6 

25 



25 
3 



6i 
6| 



2 



40 



AGRICULTURE AND COMMERCE— Shipping. &c.— 1829. 



Kates of Dockage, Wharfage and Storage. 



Carriages of four vrheels, . $1 

Carriacres of two wheels, 

Chairs, (sitting) 

Carboys vitriol, 

Cannon carriages, 

Cordage, per coil, 

Cannons of six hundred pounds 
and under, 

Cannons over six hundred pds, 

Cables, (chain) per ton, . 

Coal, per ton, 

Crates crockery, onions, fcc. . 

Cabbages, per hundred, . . . 

Casks crockery, coffee, . . . 

Casks cheese, 

Casks porter, six dozen and up- 
wards, . 

Cattle, bulls, oxen, covrs, 

Demijohns liquor, 

Demijohns, empty, .... 

Furniture, tables, bureaus, &c. 

Fish, dry, per hundred pounds, 

Furnaces, portable, .... 

Grain in bulk, barley, corn, peas, 
Vv'heat, and other kinds, per 
hundred bushels, .... 

Hams, each, 

Hogshead liquors, molasses, oil, 
&c. eighty gallons and up- 
wards, ....... 

Hogsheads, sixty gallons and 
upwards, 

Hogsheads sugar, one thousand 
pounds and over, .... 

Hogsheads sugar, under one 
thousand pounds, .... 

Plogsheads coffee, seven hun- 
dred pounds and over. 

Hogsheads coffee, under seven 
hundred pounds, .... 

Hogsheads dry goods. 

Hampers bottles, 

Hampers potatoes, .... 

Horses, mules, jackasses, &c. 

Iron, bar and pig, per ton, . 

Iron, hollow ware, and other 
castings, each under forty 
pounds vv^eight, 

Iron, hollow ware, over forty 
pounds weight, per hundred 
pounds, 

Iron grates, stoves, &c. . 

Iron pots, kettles, and ovens with 
covers, dogs per pair, wagon 
boxes, per set, to be consider- 
ed as one piece, .... 



00 
50 

1 

3 

3 

3 

25 

50 
25 
oo 
10 

12^' 
8" 
4 



25 

2 

1 

6 

2 
o 



10 






10 



© 
12.1 

6 

2 
37.^> 
25^ 



2^ 
6 



Jugs, jars, and other clay and 



stone ware, 

Jugs pickles, grapes, raisins, &,c. 

Kegs nails, tobacco, .... 

Kegs, fifty pounds and under, . 
over fifty pounds, .... 

Kegs liquor, twenty gallons and 
under, 

Kegs povvder, per twenty-five 
pounds, 

Kegs biscuit, crackers, lard,&c. 

Kegs paints, and others, same 
size, 

Kegs shot, lead, &c. per hun- 
dred pounds, 

Lumber, timber, boards, and 
other sawed lumber, per thou- 
sand superficial feet, . 

Lumber, mahogany, per thou- 
sand superficial feet, . . 

Lumber, pipe and hogshead 
staves, per thousand, . . . 

Lumber, barrel staves, per thou- 
sand, 

Lumber, heading for pipes and 
hogsheads, 

Lumber, heading for barrels, . 

Lumber, shingles, 

Lumber, reeds and hoops, per 
thousand, 

Lumber, laths, 

Lumber, light wood, cedar posts 
and other logs, each, . . . 

Nests tubs, 

Onions, per one hundred ropes, 

Oranges, per thousand, . . . 

Pipes liquor, one hundred gal- 
lons and upwards, .... 

Pipes liquor, of sixty gallons and 



$cts 
X 



1 
3 
2 
3 

2 



upv/ards. 



Pipes liquor, halves, under sixty 

gallons, 

Pipes liquor, quarters, under 

forty gallons, ..... 
Pipes liquor, eighths, under 

twenty gallons, 

Plcuighs and cultivators, . 
Pine apples, per hundred, 
Potatoes, per hundred bushels, 
bundle of two reams, 

(printirior,) 

Paper, wrapping, one ream, 

iarn-e size, 

Paper, wrapping, 

ream, 

Paper, writing, per ream, 



1 
1 

33 
40 
30 

or) 

50 
25 
12^ 

25 

lOL 

s /•^ 

3 

12i 
i2J 

12} 

8 

6 

5 



6J 



Paper 



small, per 



AGRICULTURE AND COMMERCE— Shipping, &:.c.— 1829- 30. 41 

Rates of Dockage, Wharfage and Storage. 



12.1 

6 
50 



$ cts, 
Quarter casks, under forty gal- 
lons and over twenty, ... 5 
Salt in bulk, per hundred bush- 
els, 25 

Salt in bags, per bushel, . . ^ 
Stones, ballast and paving, per 

ton, 25 

Stones, mill, large, etich . . '. 25 
Stones, mill, small, each 

Stones, grind, 

Stones, quern, 

Stones, marble, per ton, . . 

Sheep, each, 6| 

Sofas, each, 12^ 

Settees, each, 10 

Stills, two hundred gallons and 

over, 25 

Stills, under two hundred- gal- 
lons, 12J 

Sugar boilers, large size, . . 12J 
Sugar boilers, small size, . . 6^ 
Tobacco in hogsheads, ... 20 
Tobacco in kegs and boxes, . 3 
Tierces goods, sixty gallons and 

under, 8 

Tierces goods, forty gallons and 

under, . . • 5 

Tierces rice and halves, ... 4 
Trunks goods, 4 



Trunks, empty, 

Tea chests, fifty pounds and up- 
wards, 

Tea chests, under fifty pounds, 

Tea chests, under twenty " 

Wagons, large two-horse, 

Wagons, small one-horse, 

Wheelbarrows, each 

Every other article in proportion 
to the foregoing rates. 

Goods lying on wharf more than 
two nights after two working 
days, to be subject to storage 
rates. 

Storage on cotton, per week, for 
the first and last week, 
and for each intervening week, 

Rice, per week, 

Tobacco, per hogshead, . 

Every other article, the same as 
its wharfage. 

Dockage of vessels, per day, un- 
der one hundred tons, employ- 
ed, 

Dockage of vessels under one 
hundred tons, when idle, . 1 

Dockacre of vessels over one hun- 
dred tons, employed, . 

Dockage of vessels, when idle, 1 



cts. 
3 

5 

3 



25 



Q 
20 



50 

00 

75 
50 



Sec. II. [Repeals all conflicting Acts.] 



An Act to amend the several laws of force in this State, regnlating 
the pilotage of vessels, to and from the ports and harbors of this 
State, and more distinctly to define ihepowers and jurisdiction of 
the Commissioners of Pilotage, for the several ports and harbors 
^Atreo/:— Approved Dec. "23(1, 1830. Pam. 159. 

21. Whereas, it has been ascertained that under the laws now. of 
force in this State, regulating the pilotage of vessels, to and from 
the several ports and harbors of this State, certain powers granted to 
the Commissioners of Pilotage, for the ports and harbors aforesaid, 
are in violation of the Constitution and laws of this land, and that 
certain other povv^ers therein delegated, are inadequate for the p>ur- 
poses contemplated, for remedy whereof, 

22. Beit enacted, That if any person having no authority or license 



to act as a pilot, or having had any authority, shall be suspended by J/'\°\^,i{^}!"^' 
the Commissioners of Pilotage, shall pilot any vessels inwards to, or oiitpaithor- 
outwards from, any of the ports or harbors of this State, for which a fo\'i I;n?of 
pilot shall be licensed, that the person so acting as pilot without au- ^'ooo and 
thority or license, shall be prosecuted by indictment in the Superior J^^'e^\\^^^' 
Court, for having acted as a pilot without authority or license, in a 
6 



42 AGRICULTURE AND COMMERCE— Shipping, &c.— 1S30. 

Unlicensed Pilot — Penality — Bond. 

port or harbor in this >State, in which a pilot or pilots have been li- 
censed, and for each offence of piloting without a license as afor«3- 
said, the person so offending shall be subjected to a fine not exceed- 
ing one hundred dollars, and be imprisoned for a space of time not 
exceeding ten days, at the discretion of the Court. 
Eowto be 23. Sec. IL Upon an affidavit being made, hj any person be- 
^ainst.^ fore a Justice of the Peace, Justice of the Inferior Court, or Judge of 
the Superior Court, of any person having acted as a pilot without 
authority, in any port of this State, or harbor thereof, for which a 
■ pilot shall be licensed, it shall be lawful for such Justice or Judge, to 
issue a warrant for the arrest of the person so acting as pilot as afore- 
said, without authority, and to commit him to prison to take his trial 
under the first section of this Act, unless he shall give bond with 
good security, in a sufiicient penalty, for his appearance at the next 
term of the Superior Court of the County having jurisdiction of the 
offence ; and the person issuing said warrant, shall be entitled to add 
to his bill of costs, the sum of one dollar for taking said bond. 
PTicts to 24. Sec. III. Every pilot to be licensed, shall give to the Com- 
Si'^lo^^.xa^ missioners of Pilotao^e, a bond with two or more sufficient securities, 
to be approved of by said Commissioners, made payable to the 
Governor, in the sum of two thousand dollars,* conditioned for the 
due execution of their office, and for their abiding by the decrees, ar- 
bitraments, ai d awards of the Commissioners of Pilotage, made in 
pursuance of the authority vested in them bylaw; and that such 
pilot shall be liable by suit on his bond, instead of an attachm.ent as 
contemplated by the fifth section of an Act passed Dec. 6th, 1799, 
to regulate the pilotage of vessels to and from the several ports of 
this State. 
Pfenaities 25. Sec. IY. All paius and penalties inflicted under and by vir- 
warran/of tuc of the authority vested in the Commissioners of Pilota-ge by this 
distress, j^qi^ ^.-^(J j^j ^hg j^^t mentioned in the preceding section, shall be re- 
covered by warrant of distress, under the hand and seal of said Com- 
missioners, or any three of them, and- sale of the offender's goods ; 
which warrant shall be directed to the Sheriff of the County in 
which such port or harbor may be situated : and in case said Sheriff" 
shall fail to levy said warrants, and to make return thereon to the 
said Commissioners, then and in such case, the Sheriff may Ix) 
ruled before the Judge of the Superior Court, in term time, or in va- 
sisty days' cation, to make such return : Provided nevertheless. That in all- 
cases 01 distress and sale occurrmg under the provisions oi tins sec- 
tion, it shall be the duty of the Sheriff to give at least sixty days' 
notice in one of the public gazettes of this State, of such levy and 
intended sale. 
Ten com- ^^^' ^^^' ^' "^^^^ Commissioners of Pilotage, for the port and ha,r- 
inissioners bor of Savannah, shall be elected by the Mayor and Alderman of the 
age/^^^^ City of Savannah, at their first regular meeting in January next ; 
Six make a any six of wliom shall constitute a quorum to transact businessf ; 
quorum, ^^^j ^^^ owner or part owner of a pilot boat, shall be eligible to tlie 

Vacancies. . /. ~r-< • • r- -r^-i . ah 

appointment of a Commissioner oi Pilotage. All vacancies occur- 
ring, shall be filled by the said Mayor and Aldermen; and six 
* See sec. 32. t See sec. 57. 



AGRICULTURE AND COMMERCE— Shipping, &c.—1cS30. 43 

Commissioners — Oath. — Appeal — Pilot's Qualiacfitioai — Interrogatories. 

months' absence shall be considered to vacate the seat of a Commis- 
sioner of Pilctage. 

27. Sec. VI. Every Commissioner of Pilotage, before he enters Oath of 
on his duty as such, shall take and subscribe the following oath org™'rg^of 
affirmation, to w^it : — '' I, A B, do solemnly swear, (or affirm, as the piiotago. 
case may be,) that I am a citizen of the United States, and an in- 
habitant of the State of Georgia : and tliat I will truly and faithfully 
discharge the duty of a Commissioner of Pilotage, without fear, fa- 
vor, or affection, so help me God." 

28. Sec. VII. In any case when a pilot shall be suspended, or Pilots may 
when any fine exceeding the sum of twenty dollars shall be ini- f^!'^^^'\>^ 
posed, by any sentence, judgment, or decision of the said board of commis- 
Commissioners; or when the license or v/arrant of such ^ pilot shall thTvSuncxS- 
be annulled or revoked by any sentence, judgment or decision, of tiie o^ Couit. 
said board of Commissioners, then and in such case, the person so 

fined, or pilot so suspended, or whose license or Vv^aj-rant shall be re- 
voked, may petition the Judge of the Superior Court of the County 
in which such sentence of judgment shall be passed or made, setting' 
forth on oath the circumsta.nces of the case : a copy of which peti- 
tion shall be served on the acting Chairman of said Board, or on the 
Secretary thereof, at least three days before the return of any rule 
thereon, and if upon the reading such petition, and upon the return 
of the rule nisi which he shall grant in such case, the said Judge 
shall be of opinion that there is sufficient cause for the allowance of 
an appeal, he shall thereon direct an issue to be made up, between 
the said Commissioners of Pilotage a,nd the said appellant ; which be^&led by 
shall be tried by a special Jury to be selected from the panel of the special 
Grand Jury, in the usual manner, at the next term of the said Court 
thereafter, unless good cause be sliov/n for a continuance ; and if 
upon such trial, a verdict shall be returned in fa.vor of the appellant, 
then and in such case, the said Judge is hereby authorized and re- 
quired to make an order, remitting such fine, or restoring the said 
suspended pilot, or the pilot whose warrant or license has been re- 
voked as aforesaid, and which order shall be final in the case. 

29. Sec. VIII. No person shall receive a certificate to act as a J',^^^"^^^^^^ 
pilot, until he shall have served two full years in a decked boat, and tions. 
have given satisfactory evidence of character and skill. Every cer- 
tificate pilot shall serve eighteen months, before he shall be entitled 

to an increased authority : Provided, That in case of emergency, Additional 
the Commissioners of Pilotage shall, by and with the advice and^^"^*^ 
consent of the Ma,yor of the City of Savannah, appoint such additior^- 
al pilots as the said Mayor shall deem expedient ; the restrictions 
contained in this section to the contrary notwithstanding, 

30. Sec. IX. When the evidence of any person not a resident ^^t.^'^'og^ 
in the County wherein an appeal may be allow-ed, or whose present examine 
attendance in Court cannot conveniently be had, n;iay be required in ^^^tnessea. 
any suit or proceeding in said Court, under this Act, it shall be law- 
ful for the Clerk of said Court, to issue a commission to two or more 
persons therein to be named, authorizing them to examine such per- 
son in the manner usually pursued in the Superior Court : Provided, 

the party seeking such evidence, shall serve the adverse paj:ty, or his 



44 AGRICULTURE AND COM MERCE— Shipping, &c. 1830-'32. 

Additioaal Bond. 

Notice. Qj. their attorDey, with a copy of the interrogatories to be exhibited 
to the witness, at least three days before the issuing of the commis- 
sion : and the examination of such witness shall be read on the trial 
of said case*. 

Hcpeaimg 3X. Sec. X. The wliolc of the third scctiou, and the words, " 01 

parts 01 the r i n i • i r n i • i • i -i 

:u:tofi799. Miy one ot them," which loliow the words, "in his duty to the 
Commissioners," in the first sentence of the seventh section, and the 
latter clause of the said seventh section, of the Act passed the sixth 
of December, 1799, beginning with the words, " if such suspended 
pilot shall under any pretence," and all lavv^s and parts of laws mili- 
tating against this Act, be, and the same are hereby repealed. 



An Act to a?nend the several laivs of force in this State, regulaiing 
the pilotnge of vessels to and from the ports and liarhors of this 
State ; andfnore distinctly to define the powers and jurisdiction of 
the ComQnissio?iers of Pilotage^ for the several ports and. harlors 
thereof ; passed Dec. 23d, 1S30 ; arid to vest certain powers in 
said. Conimissioners of Pilotage. — Approved Dec. 24th, 1832. 
Pam. 145. 

32. Whereas, in and by said Act, it is enacted, that every pilot 
to be licensed, shall give to the ComnLissioners of Pilotage, a bond 
with two or more sufficient securities, to be approved of by said 
Commissioners, and made payable to the Governor, in the sum of 
two thousand dollars, conditioned for the due execution of their of- 
fice, and for their abiding by the decrees, arbitraments and awards of 
the Commissioners of Pilotage^ made in pursuance of the authority 
vested in them by law ; and ivhereas, there is no provision made in 
said Act, or in the Acts to regulate the pilotage of vessels, passed 
previous to said Acts, to compel said pilots in case their securities be- 
come insolvent or depart this life, tp execute other bonds Avith new 
securities : and whereas, certain other povv^-ers delegated to the Com- 
missioners of Pilotage for tlie several ports of this State, in and by 
the several Acts of force in this State, regulating the pilotage of ves- 
sels to and from the several ports of the same, are inadequate for the 
purposes contemplated ; for remedy whereof, 
Commis'rs Be it enacted, That whenever all or- any of the securities of any • 
c idre of pi- of the pilots of the several ports and harbors of this State, now li- 
lots further censed or hereafter to be licensed, shall have or may hereafter, in the 
sceurity. opinioii of the Commissioners of Pilotage for said several ports and 
harbors, become insolvent or depart this life, it shall be the duty of 
said Conimissioners of Pilotage, to require said pilot or pilots, whose 
securities or any one of them, shall have or may hereafter become in- 
solvent, or shall have or may hereafter depart this life, to give other 
bonds with other securities, in the form and mode prescribed and re- 
quired by the Act aforementioned, passed Dec. 23d, 1830 ; and on 
their refusing so to do, after thirty days' notice to be given by said 
CcvmmJssioners through their messenger to said pilots, that said Com- 

* See sec. 33 and 35. . 



AGRICULTURE AND COMMERCE— Shipping, &c.— 1832. 45 

iSubpoenas — Deiatilting Witnesses — Interrogatories. 

missioners shall be, and are hereby required to revoke the warrant or 
license of every such pilot so refusing to give such new bond with 
such new securities, and said pilots so refusing, shall thenceforth [be] or suspend 
totally suspended, and be deemed incapable to receive and take any *'^^^'^' 
fee, gratuity or reward, for the guiding or piloting of any ship or ves- 
sel, inward to, or outward of the said ports. 

33. And he it further enacted^ That where the attendance of ^i^^y^-^^''^^' 
any person shall be required as a w^itness before the Commissioners ^'^^'^.'^"'^'^" 
of Pilotage for the several ports or harbors of this State in any mat- 
ter or claim, of which said Commissioners have jurisdiction, it shall 

be the duty of the secretaries of said Conmiissioners respectively, 
on application, to issue summonses in the nature of writs of subpoe- 
na, to be signed by said secretaries and directed to the persons whose 
attendance shall be required, where such persons reside in the County 
where such matter or claim may be depending ; which summons 
shall express the cause and the party at whose suit it shall be issued, 
and shall be served on such witness at least twenty-four hours before Howserv'd 
the meeting of said Commissioners, to which it shall be returnable ; 
and which subposna shall be served by the messenger of said Com- 
missioners, or a Constable, and the return of said messenger or Con- 
stable shall be sufficient evidence that such subpoena was duly exe- 
cuted. 

34. And he it farther enacted^ That where it shall appear iuMayattaih 
manner aforesaid, that a witness in any matter or claim shall be du- ^it-tauiting 
ly summoned, and such witness shall fail to appear, it shall be the ''''^^'^^'^''*''"'' 
auty of said Commissioners, on motion, to issue an attachment under 

the hands and seals of a majority of said Commissioners against such 
defaulting witness, to be directed to any Slieritf, Deputy Sherilf or 
Constable, and returnable to the next Superior or Inferior Coiut of 
the County in which such Commissioners may exercise their jurisdic- 
tion, and said Court to which sucli attachment shall be made return- 
able, shall fine such witness in a sum not exceeding one hvnidred 
dollars, unless he or she shall make a sufiicient excuse for sach non- 
attendance, which shaU be judged of by said Court; but such vv^it-cvii rem- 
cess shall nevertheless be subject to the action of the person or per- ^y ^'x the 
sons at Vv^hose nistance or suit such witness shall have been sum- J.'jj^^^'^^^i^''^' 
moned, for any damage which he, she, or they may have sustained 
by reason of such non-attendance. 

35. And lohereas^ It frequently happens that causes arising with- 
in the jurisdiction of said Commissioners of Pilotage are delayed from 
the absence of witnesses, who are generally seamen, and who cannot 
await the meeting of said Commissioners, and which delay produces 
a serious injury to the interest of ship owners and others interested 
in commerce ; for remedy whereof, 

Be it enacted, 6^*c. That from and after the passing of this Act, 
where any seaman or other transient person is deemed hj either par- tOTie^to'^ 
ty in any cause arising before said Commissioners of Pilotao-e to be a ^^''^''^^'^^''^^ 
material witness therein, it shall be lawful for said party to apply 
for and obtain a summons in the nature of a writ of subpoena iioni 
the secretaries of said Commissioners respectively, to be directed to 
said witness, to appear before any one of said Commissioners, or before 



46 AGRICULTURE AND COMMERCE— SiiiprnNx., &c.— 1832-35. 

Fees — Liabilrt}' of OAvners. 

any Justice of the Inferior Court or Justice of the Peace, at a 
certain time and j3lace therem to be mentioned, to answer all in- 
terrogatories that may then and there be put to him,* v/hich subpoe- 
na shall be served by a messenger or Constable, at least twenty-four 
hours before the same shall be returnable ; and the depositions of 
such witness or witnesses shall be sealed up by the person before 
v/hom the same shall be taken, and directed to the secretaries of said 
Commissioners, as is usual in case of commissions issuing from Courts 
of this State, and shall be read on the trial of said cause, on motion 
Notice^ of either party : Provided, That twenty-four hours' notice be given 
to the adverse party, his, her or their attorney, agent or consignee, 
of the time a,nd place of putting said interrogatories to said witness 
or witnesses. 

36. And he it further enacted. That fiom and after the passing 
of this Act, the said secretaries, messenger.s. Justices of the Peace, 
and Consta.bles, shall receive the following fees : 

secretaries' fees. 
(Mcera' For every summons in the nature of a subpoena, tv\renty-iive cents 

*^^' — Attachment fifty cents. 

SISSSENGERS' AND CONSTABLES' FEES. 

For serving every summons in nature of a subpoena, twenty-five 
cents. 

FEES OF JUSTICES OF THE PEACE. 

For every examination of a witness as directed by said Act, one 
dollar. 

FEES OF SHERIFF, DEPUTY SHERIFF, AND CONSTABLE. 

For serving and executing an attachment against a v\dtness in de- 
fault, and returning the same to Court, fifty cents. 

All Act to be entitled an Act amendatory ^jf the several Acts regulat- 
ing ihe pilotage of vessels to and from the ports of this State. — 
Approved Dec. 22, 1835. Pam. 168. 

37. Whereas, captains of vessels, after getting to sea, are in the 
habit of refusing to pay the pilots agreeably to established rates, in 
v/nich case said pilots have no remedy : and whereas, pilots are some- 
times carried away from the port to which they belong by masters 
of vessels against their consent — 

Owner Sec. I. Be it enacted, ^*c. That whenever an}^ pilot shall be en- 

naster'or titled to compensation agreeably to the rules and rates established 
Sibi?^? bylaw, it shall and may be lawful for such pilot to demand, receive 
pilotage, and recovcr, in any Court having jurisdiction, from the owner, mas- 
ter, or consignee of the vessel, the amount of his compensation or 
pilotage.f 
Kecbess of 38. Sec. II. In case any pilot be carried oil to any port, either 
pilots car- foreign or on the coast, against his consent, by any vessel which 
gainst may have been piloted out by him, that the owner, master, or con- 



dieir con- 



<See sec. 80. tSee Fee 14. 



AGRICULTURE AND COMMERCE-— Shipping, &c.— 1836-'41. 47 

Fees of Pilots. 

si^^nee of such vessel shall be liable to such pilot in an action on the 
case for the payment of the reasonable expenses and for the sum of 
one dollar per day, during the necessary absence of said pilot : Pro- 
vided^ nevertheless, that the canyiiig avv\ay of such pilot shall net 
be owing to any default, misconduct, or negligence on his part. 
Sec. III. [Repeals all conflicting laws.] 



An Act to regulate the fees of Pilots for the several ports of this 
State.— Avmoved Dec. 24, 1S36. Pam. 176. 

39. Sec. I. From and after the passage of this Act, the pilots for Fees of p*- 
the several ports and harbors of this State, shall receive as full and ^^^^^q""^^' 
ample satisfaction, unto the pilot bringing in or carrying out every ccut. 
ship cr vessel, inward to or outward from any of the ports or har- 
bors aforesaid, a sum equal to twenty per cent, on the rules and 

prices now established by the board of Commissioners for the regula- 
tion of pilots' rates, and all matters relating to the pilotage for the 
several ports of this State. 

40. Sec. II. Nothing in this Act contained, shall be so construed Butmavte 
as to deprive tlie boards of Commissioners of Pilotage of the several ^edu cd. 
ports and harbors of this State, of the power of reducing said fees of 

the pilots of said several ports and harbors, to the rates now estab- 
lished and in force : Pi^ovided, that said reduction be not made at 
any time previous to the first day of June next. 
Sec. III. [Repeals all conflicting Acts.] 



An Act to reduce the number of Commissioners for the regulation of 
pilots^ rates^ ami all matters relating to the pilotage for the Bar 
of Tyhce a?id Savannah River, to seven, and to constitute a ma- 
jollity of the sam,e, a quonun Jor the transaciion of business. — 
Assented to 25th Dec' 1837. Pam. 190. 

[Seven to constitute a Board, and a majority of them a quorum.] 



An Act to amend an Act assented to the twenty-fourth day of De- 
cember, 1836, to regtdate the fees of pilots for the several porta 
in this State. — Assented to 28th Dec. 1843. Pam. 136. 

[Sec. I. extends the Act of 1836 to the pilots of the port of Sa- 
vannah. Sec. II. prohibits the Commissioners of Pilotage from re- 
ducing the fees.] 



An Act to incorporate certain persons therin named^ under the name 
and style of the Chamber of Commerce of the City of SavannaJu 
— Assented to Dec. 9, 1841. Pam. 105. 

4.1. Sec, I. Be it enacted, That Joseph Gumming, Benjamin B. 



48 AGRICULTURE AND COMMERCE— Shipping, &,c.— 1841-'47. 

Chamber of Commerce — Inspection of Wharves. 

Chamber Stiles, Godfrey Barnsley, Henry Roser, William P. Hunter, and 
merce in^ Charles GiCen, be, and they are hereby incorporated and made a 
coiporatod }^Q({y politic, Under the name and style of the Chamber of Commerce 
of the City of Savannah, and by the authority of the same as a cor- 
poration to have a perpetual succession of officers, to use a common 
seal, to sue and be sued, and to pass such by-laws, rules, and regu- 
lations as shall not be repugnant to the Constitution and laws of 
the State of Georgia, for the government of said corporation. 
New mem- 42. Sec. 11. The abovc named corporators shall have the power, 
admitted, on and after the passage of this Act, to admit as members of this corpo- 
ration, as aforesaid, all persons who shall subscribe to the constitu- 
tion and by-laws of said corporation, whereby their membership with 
. the association shall be manifested ; and such parties so signing and 
subscribing as aforesaid, shall be held and considered as members of 
said corporation, entitled the Chamber of Commerce of the City of 
Savannah, and subject to the by-laws and regulations adopted by 
them by virtue of said subscription or signing aforesaid. 
May re- 43^ Sbc. HI. The Said corporation shall be capable of accepting: 

hold prop- and being invested with all manner oi property, real and personal, and 
^^^y> all donations, gifts and grants, privileges and immunities, whatsoev- 

er, which may be conveyed or transferred to said corporation, to 
and buy liavc and to hold, buy, sell, and use the same for the proper use and 
and sell. bp|.|(3fit of said corporation : J^rovided, the corporators aforesaid shall 
pass no by-laws infringing tlif< rights and privileges of any person or 
persons v/ho may buy or sell in, or trade to Savannah ; but said by- 
laws shall exclusively relate to and govern the intercourse between 
merchant and merchant, and between domestic and foreign mer- 
chants ; and j^^^ovided furtlur. tliat nothing herein contained shall 
Legisia-^ prevent any future Legislature from altering, amending, or abolish- 
aiterorib- ing tliis incorporation, w^henever they shall find the public good re- 
quii'es it. 

Sec. IV. All lav\'"s and parts of laws militating against this Act 
bej, and the same are hereby repealed. 



An Act to amend the laws of this State regulating Pilotage, and 
defining the powers of the Commissioners of Pilotage, and fur^ 
titer to protect the navigatiofi of the Savannah river, so far as the 
bar of Tyhee and port of Savannah are concerned — to authorize 
the Judge of the Superior Cow^t of CJiathani County to hold 
special Courts in certain cases, a7id for other purposes. — ^Approv- 
ed Dec. 30, 1847. Pam. 238. 

"Wharves 44. Sec. I. Be it enacted. That it shall be the duty of the Com- 

effo^bean-niissioners of Pilotage to examine annually in the month of June, 

nuaiiy ex- and at such other times as they may deem proper, the several wharves 

^^^^ " now constructed or hereafter to be constructed on either bank of the 

Savannah river, from Ray's Hall to the ocean, or along the shores 

of Hutchison's Island, and should any of such wharves seem to them 

to require repair, or be found in such situation as in their opinion to 

threaten injmy to the river, they shall cause the saiue to be inspect- 



olish-. 



AGRICULTURE AND COMMERCE— Shipping, &c.— 1847. 49 

Inspection of Wharves — Obstructions in River. 

ed by an Alderman of the City of Savannah, a wharf owner, and a inspectors 
master carpenter or wharf builder ; and if said surveyors shall be of 
opinion that such wharves, or any one of them, require repair or al- 
teration, or are, or is, in a situation to threaten injury to the river, 
then the owner or owners or tenant or tenants of said wharves or 
wharf shall, within one week after notice to that effect shall have ^^^pair by 
been served upon her, him or them, begin to repair and continue in 
good faith and with reasonable diligence, to alter or repair said wharf, 
or place the same in proper condition ; and if he, she or they shall on refusal 
nesriect or refuse so to do, it shall be the duty of the Commissioners ^l ^?"V 
01 rilotage to cause the same to be done, and they may recover 
against the owner or tenant of said wharf or wharves, his or her agent 
or representatives the expenses incurred by them in effecting said ob- 
ject, together with the sum of two hundred dollars in the nature of 200 dolls. 
damages, the whole to be recovered in a special action of the case, to damages. 
be brought by said Commissioners of Pilotage in the Superior Court 
of Chatham County, and the judgment of said Court shall operate as 
a lien on said wharf or wharves from the time of the institution of 
said action, so as to cut out all liens on said wharf or wharves, and Lien. 
all conveyances of the same, which may have accrued or been exe- 
cuted intermediate the institution of said suit and the filing of said 
judgment. 

45. Sec. II. Nothing in the above and foregoing Act shall be so Kafts. 
construed as to prevent rafts of any kind from lying in the Savannah 
river forty-eight hours at or near the wharves on the Savannah. 

46. Sec^. III. If any vessel, wreck, or hulk, hauled up as unsea- Breaking 
worthy, shall be broken up, or attempted to be broken up, elsewhere ^p unseu- 
in the Savannah river between Ray's Hall and the ocean than at agds. ^^^^^" 
spot designated by the Chairman of the Commissioners of Pilotage, 

the person or persons breaking up the same shall be guilty of a mis- 
demeanor, and on conviction thereof before the Superior Court of 
Chatham County shall be fined in the sum of five hundred dollars, 
and the master, owner or consignee of such vessel, wreck or hulk p-^^ 
shall forfeit to said Commissioners a sum not exceeding two hundred 
dollars, to be assessed by them, and to be recovered by action of debt 
in the Superior Court of Chatham County. 

47. Sec. IV. Whenever any vessel, wreck or hulk in said river g^^j^.j 
shall be deemed by said Commissioners to be unseaworthy or liable seis, 
to sink, it shall be the duty of said Commissioners to give notice to 
the owner, consignee, master, or person having charge thereof, or 
any one of them, to remove the same, within three days, to such 
spot as shall be designated in said notice ; and in case of the failure 
of such person or persons so to remove the same, it shall be the duty shall be 
of said Commissioners to cause the same to be removed as aforesaid, 
and the owner, consignee, master, or other person, shall forfeit and 
pay to said Commissioners a penalty not exceeding five hundred dol- Penalty. 
lars, to be assessed by said Commissioners, and. to be recovered by 
action of debt in the Superior Court of Chatham County. 

48. Sec. Y. If any vessel, boat, flat, hulk, wreck, raft or other obstruc- 
erection or obstruction of any kind, shall be sunk, or permitted or ''^^"^^^ ^^^^k- 

7 



ica ves- 



50 AGRICULTURE AND COMMERCE— Shipping, &c.— 1847. 

Obstructions in Savannah RiA'cr — Corporate name. 

orletioose. Suffered to be sunk, in the Savannah river, between Ray's Hall and 
the Ocean, or to drift up and down said river, or to lodge to the an- 
noyance of the navigation thereof against the wharves, banks or 
shores of said river, or any of them, the person who shall so sink, or 
permit or suffer the same to be sunk, or to drift or lodge as aforesaid, 
Misdemea- shall be guilty of a misdemeanor, and on conviction thereof before 
nor. the Superior Court of Chatham County, shall be fined in a sum net 

exceeding two hundred dollars, and the owner or owners, consignee 
or consignees, or master, shall forfeit and pay to the Commissioners, 
to be recovered by them in an action of debt in said Superior Court. 
Any erec- 49. Sec. VI. Whenever any vessel, wreck, hulk or other erec- 
tion bkeiy ^ion, be deemed by the Commissioners to be likely to become an ob- 

to become ' . -^ . . ■ ■ r i a i • 

injurious, structiou, or to causc injury to the navigation oi the bavannah nver, 
to b^Tx^ it shall be the duty of said Commissioners to serve a notice on the 
moved. master or consignee of said vessel, or to the person having in charge, 
or having last had in charge, any such erection, or to their agent or 
representatives, to remove the same to such spot as may be designated 
in said notice, within the time therein specified; and on failure of 
such person so notified so to remove the same, the said Commission- 
ers shall cause the same to be done, and the partv so offending shall 
forfeit and pay to said Commissioners a penalty not exceeding the 
Penalty for sum of two hundred dollars, to be recovered by action of debt in said 
failure. Superior Court. And whenever any vessel, wreck, hulk or flat deem- 
ed by the Commissioners an obstruction, or likely to cause injury to 
Vessel &c ^^® navigation of the river, shall be sold, it sliall be the duty of the 
shall be auctioneer, or other person selling the same, to take, as one of the 
conditions of the sale, from the purchaser thereof, a bond, with suf- 
ficient security, to be approved by the Chairman of said Commission- 
Conditions gv.g^ jj^ lY^Q y,^m^ Qf f^yg hundred dollars, to remove the same in the 

maimer hereinbefore prescribed ; and if said auctioneer, or other 
person, shall fail to take such bond, he shall forfeit and pay to said 
Commissioners a penalty not exceeding five hundred dollars, to be 
recovered in an action of debt in said Superior Court. 
Raft,&c. 50. Sec. VI [. If any person or persons shall lay or place any 
&c. ' vessel, wreck, raft, or other erection on any shoal, bank, bed, or bar 
without in said river, between Ray's Hall and the ocean, except by and with 
pemnssioi} ^^q permission of said Commissioners, signified in writing, and se- 
cured in the manner specified in and by said Commissioners, such 
forfeiture, persoii or persoiis shall forfeit and pay' to said Commissioners a pen- 
alty not exceeding five hundred dollars, to be assessed by said Com- 
missioners, and recovered by action of debt in said Superior Court. 
Name of 51. Sec. VIII. Whenever any action or cause of action shall ac- 
crue to, or any judicial proceeding be had by, the said Commissioners, 
under this Act, the same shall be had in the name of '' The Com- 
missioners of Pilotage for the bar of Tybee and port of Savannah ;" 
Suits by. and the affidavit of the Chairman of said Commissioners shall be suf- 
ficient on wliich to found such proceedings or to hold the defend^uit 
or defendants to bail. 

52. Sec. IX. If any master or owner, or other person in chccrge 
of any sliip or other vessel, shall cast, throw out, or unload, or if 
there shall be cast, thrown out, or unladen from or out of any ship 



AGRICULTURE AND COMMERCE— Shipping, ifcc.--1847. 51 

B.illast, 6cc. — Proceedings under this Act. 

■ - ■ ■ W ■-- ■ ■ I.I ■ - . - .,-_-, .Ill ■ ,, . ^^^, .^ 

or other vessel being or riding in the port or harbor of Savannah, r^aiiastana 
any ballast, rubbish, earth, stone or wreck, except above hi'srii water ^'^'"^^^^ ^ 

- ' ' ' '-11 -.1 thrown out 

marK (and except tiie same be throv\^n out with toe consent oi the 
Commissioners of Pilotage, exjiressed in writing, for the purpose of 
filling up where wharves may be erecting or erected on the banks of 
the Savannah river,) cver]^ ma^ster or owner, or any person acting as 
such as aforesaid, shall be deemed the offenders, and shall be guilty 
of a misdemeanor, and shall be fmed in a sum not exceeding iiftccn 
hundred dollars, one-half of said sum to be paid to the person who nor. 
shall prosecute to conviction the offending party : Provided, ahcays, 
That no part of such fine shall be Daid to the harbor master of Sa- 
vannah, or to any one of the Commissioners of Pilotage. 

53. Sec. X., Information on oath being made before any civil Proceed- 
Ma2[istrate of this State of a violation of the immediately preceding: "'^"^ 'i' <- 
section, it shall be the duty of such IMagistrate to issue his warrant fenders, 
against the offending party, and oblige him to give bond and security 
to appear before the Judge of the Superior Court of Chatham County, 
to answer in the premises ; and the said Magistrate shall return, im- 
mediately said aflidavit and bond to said Judge of the Superior Court, 
whose duty it shall be forthv/ith to direct the Sheriff of said County 
to summon twenty-four Jurors to attend a special Court to be liolden 
within seven days, for the trial of such alleged offender, and on such 
trial the State and the defendant shall be each entitled to six perem.p- 
tory challenges. 

54 Sec. XI. If any person or persons shall obstruct, resist or Obfitmct- 
beat said Commissioners or surveyors, or either of them, or either of "|;7J""!,,"!f^" 
their agents or servants, while engaged in carrying into execution so.ns carry- 
any of the provisions of this Act, every such person shall be deemed '^^^i,"^^^ ^ ^^'^ 
guilty of a misdemeanor, and on conviction thereof shall pay a fine 
or be imprisoned in the common jail, or both, at the discretion of the 
Court. 

55. Sec XII. All penalties and fines inflicted by the said Commis- i^jj^e^, i^ow 
sioners of Pilotage, under and by virtue of this Act, unless other- collected, 
wise herein expressly directed, shall be recovered by Vv^arrant of 
distress under the hands and seals of any three of said Commis- 
sioners, and sale of the offender's goods, which warrant shall be 
directed to and executed by the Sheriff of Chatham County ; and 

on the failure of said Sheriff to execute such vv^arraut, he may be 
ruled before the Judge of the Superior Court of said County, either 
in term time or vacation : Provided., That in ail cases of distress 
and sale, under the provisions of this Act, sixty days public notice 
of such intended sale be given by said Sheriff in one of the gazettes 
of Savannah. 

56. Sec. XIII. All fines, penalties or damages, and all portions and ap^ro 
of the same imposed or recovered in any proceeding under this Act, p^"^^**^^ 
before any tribunal, which have not been herein before expressly 
awarded to the party aggrieved or prosecuting, shall be paid to the 

said Commissioners of Pilotage for the bar of Tybee a,nd port of 
Savannah, to be by them applied to improving the navigation of 
said Savannah river. 

57. Sec. XIV. , Twenty-four hoTirs notice shall bo i^iven to each 



52 AGRICULTURE AND COMMERCE.— Shipping, &c.— 1847. . 

Laying off Wliarf Lines, &c. 

Notice of member of the Board of Commissioners of Pilotage of each and 
mee m^. q^q^j meeting ; and that said Commissioners, or a majority of them, 
Powers, shall have the power to make all rules and regulations they may 
deem necessary for the transaction of their business, and may pre- 
scribe any qualifications additional to those mentioned in this Act, 
in relation to the granting of licenses, warrants, and certificates to 
pilots. 
Mode of 58. Sec. XY. When any wharf lines are to be laid out in the 
m?ff°^^ ports of Savannah river contiguous to the City of Savannah, or on 
lines. the south sidc of Hutchinson's Island, opposite the City of Savan- 
nah, the Commissioners of Pilotage shall appoint three commis- 
sioners, the City Council of Savannah three, and the owner or 
owners of land four, who shall lay oif and decide where such wharf 
lines shall be ; and if they cannot agree, then and in that case the 
same shall be carried to the Superior Court, to be determined by a 
special Jury of said Court, on such terms as said Court shall direct. 
Not to ef- 59. Sec. XVI. Nothing in this Act shall be so construed as to 
^vh !°^*^^ interfere with any vested rights of any of the property holders on 

"" '^ Hutchinson's Island. 
Repealing Sec. XYII. . The Act entitled '' An Act to amend and enlarge an 
clause. j^Qi entitled an Act to grant certain powers to the Commissioners of 
Pilotage, and for further preventing the obstructions of the Savan- 
nah river," assented to on the twentieth December, eighteen hun- 
dred and twenty-eight, as well as all laws or parts of laws militating 
against this Act, be and the same are hereby repealed. 

[Statutes omitted as obsolete, repealed, or superseded. Provincial 

Act of 1762, Wat. 75 ; 1774, vol. I, 587 ; 1815, vol. Ill, 1078.] 

IMote 1. The Act of 1815, sec. 4, [Vol. Ill, 678] appoints thirteen Commissioners of 
Pilotage, any seven of whom shall constitute a Board, and " shall have full power to 
reguiatc the bar and river Savannah." The same Act, sec. 3, prohibits the appomtment 
of any colored person as a pilot for the bar of Tybee. The Act of 1807, [Vol. II. 425,] 
gives, sec. 1, the Commissioners of Pilotage for the port of Savannah, power to place 
in Savannah river certain anchors, buoys, and chains, for the purpose of aiding vessels 
in their passage from Savannah to Five Fathom Hole. For the use of which, they are 
entitled (sec. 4) to receive from all ships under two hundred tons, five dollars ; on all 
above two hundred and not exceeding three hundred tons, ten dollars ; and on all above 
three hundred tons, twelve dollars. And (sec. 2) to displace, cut, break, alter, or de- 
stroy any such anchors, buoys, &c., subjects the offender to a penalty of three hundred 
dollars, recoverable in any Court having jurisdiction to that amount. And see Penal 
Laws, sec. 259. By the same Act, (sec. 3,) if any vessel shall intentionally be suffered 
to sink in Savannah river, between Hay's Hall and Cockspiir Island, the owner, con- 
• ' signer, or captain shall be fnied by the Commissioners of Pilotage for the port of Savan- 

nah not exceeding tvv'-o thousand dollars, recoverable in any Court having jurisdiction 
to that amount, payable into the hands of the Commissioners of Pilotage for the pur- 
pose of clearing the river. 

Note 2. The Act of 1811, [Vol. III. 677] repealing all former laws on the subject, 
appoints seven Commissioners of Pilotage, three of -whom are to be a quorum, with 
power to nominate and license such pilots as they shall tliink fit and competent to act 
as such ; and to pass such legal and constitutional by-laws, rules, and regulations as 
they shall deem most advantageous for the safe pilotage of vessels bound to and from 
the port of Darien and Sapelo river. By the Act of 1818 [Vol. III. 680] the Commis- 
sioners of Pilotage for the port of Darien are empowered to place in the Alatama river 
certain anchors, buoys, and chams, for the purpose of aiding vessels in their passage 
from Darien to Doboy Sound, with the same penalty for molesting them as those in 
Savannah river ; and for which all vessels arriving at Darien (except licensed coasters 
. and drogers) shall pay three cents per "ton. By Act of 1850, pam. 337, the Commis- 
sioners of Pilotage are to be elected by the citizens of Mcintosh County, and are to 
have the same powers and privileges and subject to the same penalties as Commissioners 



AGRICULTURE AND COMMERCE.— Tobacco— 1786-'91. 53 

Inspectors not to sell. 

are now allowed. Fees to be the same as at Savannah bar. Non-residents not to be 
appointed. 

Note 3. The Act of Congress of 1789, [1 Grayd. Digt. 280] dirccte (sec. 4,) that all 
pilots in the United States shall be regulated in conformity with the laws of the States 
respectively, tmtil further legislative provision shall be made by Congress. 



ART. XIV.— TOBACCO. 



Sec. 1. Restriction on Inspectors. 
" 2, Tobacco Inspection. 
*' 3. Duty of master of vessel. 
" 4. Scales and Weights. 
" 5. Inspectors — appointment and re-' 

moval. 
" 6. Inspectors' duty. 
*' 7. Size of Hogshead. 
** 8. Printed receipts, &c. 
«« 9. Refused Tobacco. 

" 10. Tobacco Transfer. 

" 11. Order from Ov/ner. 

" 12. No additional fees. 

" 13. Lost receipts. 

*' 14. Inspectors' fees. 

*' lo. Transfer Tobacco. 

«♦ 16. Hogsheads' Weights. 



Sec. 17. Warehouses. 

" 18. Light crop Tobacco. 

" 19. Pickers and Coopers. 

" 20. Brand. 

" 21. Coopers' fees. 

" 22. Pickers' fees. 

" 23. Weights adjusted. 

" 24. Inspectors may cooper. 

" 25. Appointment of. 

" 26. Restrictions on. 

" 27. Pickers' oath. 

*' 28. Inspectors' Hability. 

*' 29. Refused Tobacco. 

*' 30. Quality of Tobacco. 

" 31. Marks of Hogsheads. 

" 32. Inspectors' oath. 

" 33. Rates of Storage. 



An Act to regulate the inspection of Tobacco. — Approved Feb. 14, 

1786. Yol. I. 544. 



And whereas, it is highly improper that the same person should be 
inspector and vender of tobacco : 

1. Sec. XIY. Be it enacted, ^'*c. That no person to be appointed 
inspector of tobacco by virtue of this Act shall be allowed to sell inspectors 

su'^ill sell 

tobacco as aforesaid,* unless the same shall be of the growth and no'tobacco, 
manufacture of his own plantation or plantations, and then he shall J^^^ ^^^^ ^^ 
produce a certincate signed by two or more oi the inspectors to be raise them- 
appointed as aforesaid of its being so ; and any person who shall sell ^^^^'®S' 



in violation hereof, on conviction before the 



Superior 



Court of the 



County in which he shall reside, shall be discharged from acting as 
inspector, and the said Court shall proceed to appoint another in his^?P^'".°^ 
stead, and the persons so oifendiiig shall be liable to a fine not exceed- and fifty 
ing the sum of fifty pounds, v/hich shall be sued for and recovered ^^^^"^^^^^^ 
in any Court of Record in this State, and paid into the public treas- jjp^yj.p^,QY, 
ury thereof; and the person or persons making information against ercdan4 
such offender, shall be entitled to one half the amount of said fine. ^^^ '^ " , 

[All the rest of this Act repealed or re-enacted by the following 
Act of 1791.] 



An Act for regulating the inspection of Tobacco. — Approved Dec. 

23, 1791. Vol I. 545. 



Whereas, it has been found by experience that the several laws 
now in force for regulating the inspection of tobacco throughout this 
State, are unequal to the purpose for which they were intended : 

*Nor purchase. See sec. 26. 



54 AGRICULTURE AND COMMERCE.— Tobacco— 1791. 

Inspected before exported — Maniforsts. 



^\^^°^,!:^^° 2. Sec. I. • Be it enacted, 6,'c. That from and immediately after 
ported" the passing of this Act, no person shall put on board or receive into 
spS.tToVat ^^^y ship, brigantine, schooner, sloop, bylander, boat, or other vessel, 
someestab-in Older to be exported therein, any tobacco- which shall not have 
warehouse, been packed in hogsheads or casks, upon any pretence whatever, 
before the same shall have been viewed and inspected according to 
the directions of this Act ; that all tobacco whatever to be received 
or taken on board any ship, brigantine, schooner, sloop, bylander, or 
other vessel, and to be therein exported, or to be carried and put on 
board any other ship, briganiine, schooner, sloop, bylander, or other 
. vessel for exportation as aforesaid, shall be received or taken on 
board at the several warehouses for that purpose hereinafter men- 
tioned, or some or one of them, and at no other place or places what- 
tors o?cus- ^°^^^^^' • -^^^^ ^^^y r^a-ster, mate, or boatswain of any ship or other 
toms to ad- vessel, whicii shall arrive in this State in order to load with tobacco 
Si^atbs to during the continuance of this Act, shall, before the said ship or vessel 
masters, be permitted to take on board any tobacco whatever, make oath before 
tobacco. " the collector of the customs of the port where such ship or vessel 
shall arrive, which oath the said collector is hereby empowered and 
required to administer, that they will not permit any tobacco whatso- 
ever to be taken on board their respective ships or other vessels, except 
the same be packed in hogsheads or casks, stamped by some inspector 
legall}^ thereunto appointed, which oath they shall subscribe in a 
■'^'^^f f^^ °'book to be kept for that purpose by the said collector. And if any 
causingim- master shall cause any person who is not really and bona fide mate 
proper per- Qp boatswaiu, to com3 ou sliorc and take such oath, he shall for said 

.sons to ^ ■ ' 

tiike this offence forfeit and pay five hundred pounds ; and if any commander or 
fg-J y.5 JO ^' ^i^ster of any ship or vessel shall take on board, or suffer to be taken 
and for put- on board the ship or vessel whereof he is master, any tobacco brought 
i)o2-d to- from any other place than such public place herein mentioned, or 
bacco con- any hogshead or cask of tobacco not stamped by such lawful in- 
this act, specter, or shall suffer to be brought on board any tobacco except in 
bounds for ^ogsheads or casks stamped as aforesaid, every such commander or 
each hogs- master, shall forfeit and pay twenty pounds for each hogshead, one 
head. moiety thereof to the use of the informer, and the other moiety to 

the use of the State, to be recovered by bill, plaint, or information 

before any Court of Record. 
Masters of 3^ ^ec U. Evcrv master of a ship or vessel wherein tobacco 
deii Avith shall be laden, shall at the time of clearing out deliver to the collector 
?i?K^l^,."' ^^ a fair manifest of all the tobacco on board his ship or vessel, ex})ress- 

llCj.iV til -■- •* 

mmifests ing the marks and numbers of every hogshead, and the tare and net 
thfco^iiec- weight stamped thereon, the person by whom shipped, and from what 
tor to be warehouse, and shall make oath thereto, that the same is a just and 
Treasurer." true account of the marks, numbers, tare, and net weight of each 
respective hogshead, as the same was taken down by the person or 
persons appointed by him to take the same, before the said tobacco 
was stovv'ed away ; and no ship or vessel shall be cleared by the col- 
lector before he shall have received such list or manifest, which 
shall by the said collector be transmitted to the Treasurer of this 
State for the time being. 



AGRICULTURE AND COMMERCE.— Tobacco— 1791. 55 

•' , — — ' 

8. a cs and Wcii,lit:. — AVarcliouses and Inspectors — Inspestors' Duties. 

Sec. III. [The first part of this section is local, and the rest re- 
pealed by sec. 33.] 

4. Sec. lY. There shall be kept at the several warehouses herein Scales and 
appointed, and all others hereafter to be appointed,* a good and suf- bV^povi i-^ 
licient pair of scales with weights sufficient to weigh 1,500 weight at edby the 
least, and a set of small weights, the same that are or ought to be of ware- 
provided for the standard weights of each County, f and the proprie- ^o^ses. 
tors of such warehouses provide the same. 

5. Sec. V. All tobacco brought to any of the public Avarehouses, Juds^er, of 
shall be viewed, inspected, and examined by two persons thereunto c),uJt"to'^ ^ 
appointed, who shall be called inspectors, which said inspectors shall appoint in- 
be appointed in the following manner, that is to say : The judges of ^^^^ "^^' 
the Inferior Courts in the several Counties in which inspectors are 
appointed J (except as hereinafter is excepted) shall, at their County 
Courts to be held between the first day of May and the first day of 
September in each year, nominate and appoint three fit and proper 
persons for inspectors at each of their several warehouses within their 
respective Counties, who shall bo commissioned by the Governor ; the 

two first in the nomination shall be considered as the acting inspectors 
for the ensuing year, and in case of sickness, death, or inability of rpj^.j.^j .^^^ 
eitjier of the two first inspectors, the third shall act, and also on the specter to 
disagreement of the said inspectors, the third shall be called in to tam^^ses' 
decide on such hogshead or hogsheads of tobacco, and the said Judges 
shall have power on complaint in writing being lodged in the 
oflice of the Clerk of the Inferior Court, and being duly notified 
thereof by such Clerk, such Justices, or any three of them, shall 
within three days after such notice to them given, summon the inspec- 
tor before them, first ordering a copy of the complaint to be served j^^ ^^^^j.^ 
on him or them, and within five days thereafter, such Justices shall may dis- 
consider such complaint, and may continue or dismiss from office spectors. 
him or them, as the Court shall judge just ; and such Courts shall 
fill up all vacancies that may happen at any of their said Courts, to 
continue to the end of the then inspection : Provided always, and On death 
be it enacted, That the third inspector, on the death or removal of ^J aiT^n'-^ 
any inspector in the same nomination, shall be considered as inspec- spector,the 
tor, and shall act accordingly: A7id 'provided, nevertheless, Thatgpecto?' 
where the Inferior Courts shall fail to nominate persons for inspectors, shall act. 
the Governor is hereby empowered to make such appointments, [ex- Shall gi^tj 
ception as to Augusta repealed — see sec. 25,] and that every person gg^^fj-^Jy^ij^ 
so appointed inspector by virtue of this Act, shall, before he enters 500 paunds 
on the execution of his office, give bond with security \\\ the penalty 
of five hundred pounds, payable to the Governor for the time being, 
and his successors in office ; conditioned for the true and faithful 
performance of his duty according to the directions of this Act, and 
liable to be put in suit upon any neglect of duty, which bond shall 
be given or entered into before the Inferior Court, or any Judge 
thereof, and lodged in the Clerk's office of the County. inspectors^j 

6. Sec VI. All inspectors to be appointed by virtue of this Act J^gnTa\"the 

warehou- 
*For t^c Acts locating warehouses, see vjI. I, o-i3, 553 to bh'^. VJl. II, 121, 246. ^®'*' 
t.Sec " Weights and Measures" under this title, art. XVI. 
I^See sec. 25. 



56 AGRICULTURE AND COMMERCE— Tobacco— 1791. 



Receipts — Size and weight of Hogshead. 



shall constantly attend their duty at the warehouse or warehouses 
under their charge, from the first day of October till the first day of 
August yearly, (except Sundays,) and the holidays observed at 
Christmas, Easter, and Whitsuntide, or when hindered by sickness ; 
and afterwards they, or one of them, shall constantly attend at the 
same, except Sundays, to deliver tobacco for exportation, until all 
the tobacco remaining there the said first day of August be deliver- 
ed, and no inspector shall be obliged to view any tobacco between 
How liable the Said first day of August and the said first day of October ; and 
or neg ec ^^^^ inspector neglecting to attend as aforesaid, shall forfeit and pay 
to the party aggrieved, five shillings for every neglect, or shall be li- 
able to an action to recover all such damages as he or they shall 
have sustained by occasion of every such neglect, together with his 
Their duty, or their full costs, at the direction of such party ; and that all per- 
be°Sspect° SOUS having tobacco at the public warehouses may have equal jus- 
ed in tuin. tice, the inspectors shall enter into a book, to be kept for that pur- 
pose, the marks and owners' names of all tobacco brought to their 
Seated' respective warehouses for inspection, as the same shall be brought 
in, and shall view and inspect the same in due turn as it shall be 
entered in such' book, without favor or partiality, and uncase and 
If sound, break every hogshead or cask of tobacco brought to them to be in- 
fbs^w^io-h? spected as aforesaid : and if they shall agree that the same is good, 
shall issue sound, Well conditioned, merchantable, and clear of trash, then such 
a receipt, ^obacco shall be weighed in scales with weights of the lawful stand- 
ard, and the hogshead or cask shall be stamped in the presence of 
the said inspectors, or one of them, with the name of the warehouse 
at which inspected, and also the tare of the hogshead or cask, and 
quantity of net tobacco therein contained ; and the inspectors at 
such warehouse shall issue a receipt for each hogshead of tobacco 
they shall pass, if required by the owner, if the same weighs 950, 
which receipt shall be in form following, to-wit :* 

• River, 

Warehouse, the — day of — , 179 



Form of 
the receipt 



Mark. 



No. 



Oronoco. 
Gross. I Tare. | Net. 



Sweet Scented Leaf. 



Stemmed Leaf. 
Gross. I Tare. I Net. 



Gross. I Tare. | Net. 

Received of , hogshead of crop 

tobacco, marks, numbers, weights, and species, as per above, to be 

delivered by us to the said , for exportation, 

when demanded. 

Witness our hands, the day of , 179 . 

Size and 7. Sec. VII . The size of the hogshead or cask shall not exceed 
h^!?b^ "^ forty-nine inches in length, and thirty-one inches in the raising head, 

^ " and to weigh 950 pounds net at least. 

Receipts to 8. Sec. VIII. No inspector or inspectors shall, under any pre- 
under^the ^^^^^ whatever, issue a receipt any other than such as shall be print- 
penalty of ed, in which the date shall be inserted at full length ; and if any in- 
poun s. gpgQ^Qj. Qj. inspectors shall presume to issue a receipt in any other 
manner than is hereby expressed, he or they, for such offence, shall 

*But see sec. SO. 



AGRICULTURE AND COMMERCE— Tobacco— 1791. 57 



Disputes — llcfused Tobacco — Transfer Tobacco. 



forfeit and pay twenty pounds, to be recovered with costs by any 
person who may sue for the same in any Court within this State 
having cognizance thereof ; which receipts as aforesaid shall be fur- On disa- 
nished by the proprietor of the warehouse ; but if the said two inspect- fnp^^g^^g 
ors shall at any time disagree concerning the quality of tobacco ^^^^^/'Pn 
brought for their inspection to any warehouse under their charge, inspector 
they shall, as soon as conveniently may be, call in an additional in- ^^^^^ ^^- ^ 
spector appointed to attend such warehouse, who shall determine, and es it, he 
pass or reject such tobacco ; and if he shall pass the same, his name Jig^name!' 
shall be entered in a book kept by the inspectors appointed, opposite 
the mark, number, and weight of the hogshead by him passed, togeth- 
er with the name of the inspector at such warehouse who shall offi- 
ciate with him ; and the inspectors at each of the warehouses estab-j^e^eptat 
lished by this Act, shall constantly keep so many able hands at their ^h^ ware- 
respective warehouses, not less than two, for the purpose of taking 
care of all tobacco brought to such warehouse, and stowing it away no inspec- 
after the same shall be inspected and stamped; and it shall be law-*^^^°^^, 

11 -iii-i IT concerned 

ful for the inspectors to employ the said hands m the yard when not in picking, 
otherwise sufficiently employed by this Act ; and no inspector shall, perpetual 
by himself, his servant, or any other person, either directly or indi- disquaiifi- 
rectly, be concerned in picking any refused tobacco (unless it be his ^^'^*^°^- 
own property) on any pretence whatever, under the penalty of being 
forever thereafter disabled from holding the office of inspector. 

9. Sec. IX. When any tobacco shall be refused by the inspector, Refused 
the proprietor thereof shall be at liberty to separate the good from how to be 
the bad ; but if he refuses or neglects to do so Avithin, one month of P^^^^^- 
such refusal, the inspectors shall employ one of the pickers attending 

to the warehouse, to pick and separate such refused tobacco, and give 
the owner credit for so much thereof as shall be found merchantable, 
after paying the pickers one-tenth part of the quantity saved. [The 
rest of the section directing refused tobacco to be burned, repealed. 
See sec. 43.] 

10. Sec X. When any tobacco shall be brought to any warehouse Transfer 
for the discharge of any public or private debt or contract, in bulk or 
casks, the inspectors, or one of them, after they have received, ex- 
amined, and weighed the said tobacco according to the directions of 

this Act, shall deliver to the person bringing the same as many re- 
ceipts under the hands of the said inspectors, as shall be required for 
the full quantity of tobacco so received by them, in which shall be 
expressed whether the tobacco received be sweet scented, Oronoko 
leaf, or stemmed, which receipt shall be in the form following, to wit : 

River 

Warehouse^ the day of 

Received of — , pounds of transfer tobacco, 

to he delivered on demand to him or his order. Inspectors 

11. Sec XI. From and after the passing of this Act, if any in- v?r out^ to- 
spector shall presume to deliver any tobacco in his warehouse without bacco with- 
an order from the owner or proprietor of such tobacco, every inspect- from the 
or so offending, and being thereof duly convicted in the Superior de7pen?"?y 
Court or the Inferior Court of any County, shall be incapable of serv- ofdisquaii- 
ing ever after as an inspector m this State, and shall moreover be £5oS. ^ 



58 AGRICULTURE AND COMMERCE.— Tobacco— 1791. 

Lost lleceipts — luspe jtor.s' Fees — Transfer Tobacco. 

liable to pay a penalty of fifty pounds, one half to the informer, and 
the other half to the use of the State, to be recovered by bill, plaint 
or information. 
Shall re- 12. Sec. XII. No inspcctor shall accept or receive, directly or 
ceive no indirectly, any gratuity, fee, or reward for any thing by him to be 
fee on pain douc ill pursuaiicc of tliis Act, otliOi thaii his said allowance or fees 
pounds ^y ^^^^^ -^^^ allowed : such inspector, being thereof convicted, shall 
forfeit and pay one hundred pounds, to be recovered with costs by any 
person who shall inform and sue for the same. And be it also enact- 
Persons ed^ That if any person hereafter shall make a fire within any of the 
fires Tn or Public warchouscs, or within fifty yards of such warehouse, other 
near a ware than in a room for the use of the inspectors, or in some house having 
to be ' ^^^^s- chimneyj such person or persons shall for every such offence, forfeit 
punished. tVv^eiity pouiids, to be recovered with costs by information, to the use 
of the informer ; and if a servant or slave, he or slie shall, by order 
of some Justice of the Peace, receive on his or her bare back twenty- 
five lashes for every such offence. 

Sec. XIII. [Inflicting penalties for forging receipts, stamps, &c. 
of inspectors ; superseded by the Penal Code. See Penal Laws, 11 
div. of the code.] 

Sec Xiy. [xilso superseded by the Penal Code.] 
LQgt 13. Sec XV. If any inspector's receipt be actually lost, mislaid, 

receipts, or destroyed, the person or persons entitled to receive the tobacco by 
lished.^ ^ 'virtue of any such receipt, shall make oath before any Justice of tlie 
Peace of the County where the same is payable, to the number and 
date of every such receipt, to v/hom and v/here payable, and for what 
quantity of tobacco the same was given, and that such receipt is lost, 
mislaid, or destroyed, and tJiat he, she, or they, at the time such re- 
ceipt was lost, mislaid, or destroyed, v/as lawfully entitled to receive 
the tobacco therein mentioned ; and shall take a certificate thereof 
from such Justice, and upon producing a certificate thereof, the in- 
spectors who signed such receipt and lodging the same with them, 
the inspectors shall and they are hereby required and directed to pay 
and deliver to the person obtaining such certificate the tobacco for 
which any such receipt was given, if the same or any part thereof 
shall not have been before by tiiem paid by virtue of the said receipt, 
and shall be thereby discharged from all actions, suits, and demands 
on account of such receipt, and if any person shall be convicted of 
making a false oath, or producing a forged certificate, in the case 
aforesaid, such person shall suffer as in case of wilful and corrupt 
perjury or forgery as the case may be. 
, , 14. Sec. XVI. The inspectors at the several warehouses, except 

xiist)Gctors 

fees. Call's, Richmond,* and Augusta,"* shall be and they are hereby enti- 

tled to receive for each hogshead of tobacco by them inspected, the 
sum of two shillings, which shall be paid the inspectors by the mer- 
chants, or other persons to whom the same shall be delivered. [For 
the oath of the inspectors, see sec. 32.] 

15. Sec XVII. The inspectors at the different warehouses in 
this State shall, and they are hereby required to prize up all such 

* But see sec. 23. 



AGRICULTURE AND COMMERCE.— Tobacco— 1791. 59 

Regulations as to Warehouses and llogslieads. 

parcels of transfer tobacco as shall or may be loclced in their respec- 'i'l'-^iisfev 

J t-tJOtlCCO 

tire wareliouses, into crop hogsheads to contain 950 poinids net, or when to' he 
upwards each, within two months after the date of the receipt pass-^"^^^, ^"^" 

r ' _ J, -'^ crop nogs- 

ed or given by the inspectors for such tobacco, and the said inspect- heads. 

ors shall keep a book to be called a transfer book, in which an exact 

and particular account of all such parcels of tobacco sliall be kept ; 

and where aiiy person or persons holding such transfer receipts to the ^^^^ }^ow 

amount of 950 pounds, and producing? the same to such inspectors, ''."^h trans- 

lor tooticco 

they shall deliver to such owner or proprietor a crop hogshead or hogs- -s to be 
heads of tobacco to the amount of such receipts, first deducting from dchvcrea 

1 /• • 1 . /• 1 1 • 1 H^ . out or sold, 

sucn receipts the sum ol eight per centum, tor cask, shrinkage, and priz- 
ing the same, for which they shall pass their receipts or notes ; and the 
several inspectors at each of the warehouses within this State, shall 
proceed to sell all the transfer tobacco that may remain in their pos- 
session on the second Monday in September annually at the ware- 
house in the respective Counties, and the inspectors selling such 
transfer tobacco shall be accountable to the owner or owners of such 
transfer tobacco for the moneys arising from such sales, deducting at 
the rate of eight per centum for wastage, cask, prizing, and cooper- 
age. 

16. Sec. XYIII. Every hogshead of tobacco shall have at least Hogsheads 
six good hoops, and the owner or owners of such tobacco failing to hoopecL ^ 
have his, her, or their tobacco in such state, shall be obliged to pay 

the inspectors for finding such hoop or hoops the sum of twopence 
per hoop, before the delivery of such tobacco : And the Inferior Weights at 
Court of the County in w"hich such tobacco inspections may be, is JJoiscs to 
hereby directed to appoint some fit and discreet person or persons to be rcgnia- 
examine the. weights at the dilTerent inspections on the first Mon- infei-ior ® 
days in October and January in each year, and regulate the same ^'o^^t. 
agreeably to the standard of this State.* 

17. Sec XIX. Every proprietor or owner of a warehouse shall Ware- 
keep the same in repair, and shall always have a sufficient shelter orj^g'^^^^p^^"^ 
house-room to secure all tobacco which shall be brought to the same, good repair 
the doors to be well secured by good locks, bolts, or bars ; in default pi-o^p/ietors 
whereof the owner or proprietor shall be accountable, and pay to the or they 
person or persons whose tobacco shall be lost or damaged, all damages lor all ' 
and costs, which may be recovered by action in either of the Superior di^i^ages. 
or Inferior Courts : And the Courts of the several Counties within this To be ex- 
State wherein any warehouse for the inspection of tobacco now is, or ^"J^^^^!^.^| 
may hereafter be established, shall, and they are hereby required at the infrior 
their first meeting annually to appoint three of their number to ex- °^^^* 
amine from time to time into the state and condition of such ware- 
houses, and whether they are built and secured according to this Act, 

and the Justices so appointed, or any two or more of them, finding 
that the said warehouses are not in good and sufficient repair, shall 
within ten days, give notice in writing to the proprietor or proprietors llj^^^j. f.^^i^ 
of such warehouse or Wcirehouses to repair the same, and if such to repair, 
proprietor or proprietors, having notice as aforesaid, sliall refuse or Q(j^^^rt\o^°^ 
neglect so to do within two months from the time of such notice, it have it 

done, 
♦See " Weights and Measures," this title, art. XVI. 



^0 AGRICULTURE AND COMMERCE— Tobacco— 1791-'93. 

Pickers and Coopers — Fees — Brands. 

shall and may be lawful for the Justices so appointed, or any two or 
more of them, to let such repairs to the lowest bidder, taking bond 
with sufficient security of the undertaker, in double the sum to be 
paid him for such repairs, conditioned for the due performance there- 
and the ^^ J ^^^^ ^^^ inspectors at any warehouse wanting repairs as aforesaid, 
inspector are hereby empowered and directed to stop in their hands the amount 
storag^e to of the sum SO to be paid for such repairs, out of the moneys arising 
^he on storage, which money so stopped as aforesaid shall be paid into 

the hands or to the order of the Justices letting such repairs, to be 
by them paid to the undertaker thereof. 
Hogsheads 18. Sec. XX. From and after the passing of this Act, any per- 
r^^^th^^ son or persons bringing to any of the aforesaid warehouses, any hogs- 
950 lbs head or hogsheads of tobacco, and the inspectors on weighing the 
Sansfel: ^^ Same shall judge it good and merchantable, according to the direc- 
hogsheads tious of this Act, and under 950 pounds net, such tobacco shall be 
kept by the inspector, marked in their transfer book as light 
crop tobacco, but no receipt or note shall be given for the same in 
less than two months, except the owner or proprietor thereof shall 
require the same, and the owner or proprietor of any such hogshead 
may at any time within two months prize into such light hogshead 
so much other tobacco as will make the same 950 pounds net or up- 
wards, in which case the inspectors shall pass theii' receipt for the 
same as crop tobacco, and mark it on their books as such : And if 
the owner or proprietor of such tobacco shall neglect or refuse to 
prize the same within two months, the inspectors shall and may con- 
sider the same as transfer, and shall be allowed the same per centum 
thereon as on other transfer tobacco ; and whenever, from the situation 
and condition of any hogshead of tobacco, the inspectors find it ne- 
cessary, they shall have the same repacked, and for every such hogs- 
Allowance head the pickers shall be entitled to receive for their services, in priz- 
to pickers, ^j^g g^j^^^ ^QQpgj.^j^g .j.j^g same, the sum of five shillings, except it be 

done by the owner of such tobacco. 
Pickers ^^- ^'^c. XXI. No pcrsoii shall attend any warehouse to pick 

and coop- refused tobacco, or act as a cooper, except he shall have been ap- 
appoLted pointed by the Court and approved of by a majority of the inspectors 
^ythe at such warehouse. [Their oath, sec. 27.] And the pickers and 

coopers so appointed shall be under the directions of the inspectors : 
But the Provided, that nothing herein contained shall be construed to pre- 
owner may yent the planter from picking or coopering his own tobacco ; and 
cooper his the planters shall at all times have the free use of prizes for that pur- 
tobacco, pose. 

Hogsheads 20. Sec. XXII. The several inspectors appointed by this Act 
coo^p^ered) sliall be obliged to deliver each hogshead to the person shipping the 
& branded same, Well coopcrcd, with at least six good hoops ; and every hogs- 
word ^ head of tobacco, before it be removed from any warehouse within 
"Georgia." this State, shall be branded with the word " Georgia," in letters of 

one inch long, which brand shall be provided at the expense of the 

owner or owners of each respective warehouse. 
Coopers' 21. Sec. XXIII. From and after the first day of October next, 
^®^^' the coopers at each of the several warehouses shall have and receive 

for each hogshead by them coopered, and for finding nails, the sum 



AGRICULTURE AND COMMERCE— Tobacco.— 1791-'98. 61 

Weights — Inspectors — Appointment — Privileges. 

of one shilling and sixpence, and no more, to be paid by the owner 
thereof ; and if any cooper or coopers shall demand or receive any 
greater fee or reward for such services, he or they shall for every Penalty for 
such offence forfeit and pay fourfold to the party aggrieved, to be re- c^^Jgg 
covered before a Justice of the Peace in the County where such of- 
fence is committed ; and on being convicted thereof, shall be render- 
ed incapable of acting as a cooper at any of the warehouses thereaf- 
ter. 

22. Sec. XXIY. From and after the passing of this Act, the Pickers' 
pickers at the several warehouses shall have and receive for their Jfon^^''^'' 
trouble in picking any refused tobacco, one-tenth part of all such to- 
bacco by them saved. [The rest of this section repealed. See sec. 
24. 

Sec. XXV. and XXVI. [Repealed by Act of 1793, See vol. 
I. 555.] 

Sec. XXYII. [Repeals all laws repugnant to this.] 



An Act to establish a?i inspection of Tobacco on the Savannah River, 
at the mouth oj Lighticood-Log Creek. — Approved Dec. 19, 1793. 
Vol. I. 555. 

23. Sec. IV. The inspectors at the warehouses, known by the inspectors 
name of Richmond and Augusta warehouses, shall be entitled to re- ^^i^i^j^oj^^i 
ceive the same price for each hogshead of tobacco by them inspected, and 

as are allowed by law to the inspectors of other warehouses within ^avl^^^^ *^ 
this State,"^ which shall be paid at the time of shipment. customary 

Sec. V. The weights at the several warehouses within this State ^^^; 
shall be adjusted in the manner pointed out in a former law regulat- ^h^en to^be 
ing the inspection of tobacco, on the first Monday in January and adjusted. 
October annually.f [The rest of the Act local.] 

An Act to establish an inspection of Tobacco on the Savannah River, 
at the mouth of Cold Water Creek. — Approved Feb. 11, 1796. — 
Vol. I. 555. 

24. Sec. III. It shall and may be lawful for the several inspect- 
ors of tobacco within this State, either by themselves or persons by ^^ly^^ ^"^^ 
them employed to cooper the tobacco which may be brought to their cooper 
several inspections, who shall be entitled to receive the same fee 
which is allowed by law in this State for the coopering of tobacco, J 

any lav/ or custom to the contrary notwithstanding. [The rest of 
the Act local.] 

An Act for the better regulation of the inspection of Tobacco in. this 
State, and for other purposes. — Approved Feb. 2, 1798. Vol. I. 
553. 

Whereas, it has been found to be injurious to the interest of the 
* See sec. 14. t See 16. + See 21. 



62 AGRICULTURE AND COMMERCE— Tobacco— 1 805. 

Lla]}ility — Disabilities. 

planters of tobacco in this State, that the inspectors should be ap- 
pointed from the citizens of any particular County ; for remedy 
whereof, 
Inspectors, 25. Sec. I. Be it enacted, ^'c. That it shall and may be lawful 
nominated foi" the Justices of the Inferior Courts of the Counties of Richmond, 
'"^^^ . -, Columbia, Lincoln, Elbert, Franklin, Jackson, Oglethorpe, Greene, 
' Wilkes, Hancock, Warr-en, Bnrke, Jelferson, and Washington, to re- 
commend two persons for inspectors to the Court of any County 
where warehouses are esta^blished by law ; and the said Couiity 
Courts respectively shall be obliged to appoint three inspectors out of 
the number so recommended for each warehouse that may be in such 
County ; and in case of failure or refusal of any or each of the said 
Counties so to recommend, the Court shall proceed to elect out of 
such persons as may be recommended ; and in case no recommenda- 
tions are made, the Court may elect from any candidates that may 
offer. [The rest of the Act local.] 



An Act to amend an Act entitled '' Aii Act for 7^egulating the in- 
spection of Tohaccoy — Approved Dec. 2, 1805. Vol. II. 240. 

Whereas, it has been found by experience, that the laws hereto- 
fore passed are net suificient to guard against the fraud and imposi- 
tion which too frequently take place in the execution of the inspec- 
tion lav/s ; and that the prices allowed for storing tobacco is not suf- 
ficient reward to compensate the diiTerent proprietors for the 
trouble and expense of keeping the warehouses in suflicient re- 
pair : 
Inspectors 20. Sec. I. Be it enacted, &'c. That from and after the passing 

and pickers ^ , . . • ,^ • , • , • i • i 11 

not to 01 this Act, it any inspector or inspectors, picker or pickers, belong- 
purciiase j^^g, ^^ .^^^y warcliouse, shall presume to purchase or manufacture any 
factare tobacco wlthiu tho time for v/hich he or they is or are appointed, and 
i'!?!!^,?f°'°^^beii];:]: thereof convicted upon indictment in the Superior Court of 
dLsquaiifi- the County he or they shall be incapable of ever after serving as in- 
.floTioiiaL specter or picker, (as the case may be,) in this State, and shall more- 
fine, over be fined in a sum not exceeding live hundred dollars, one half 
to the informer, Avho shall prosecute, and the other half to the County. 
T . 27. S^^-^G. II. Each inspector and picker, before enterins; on the 

Inspectors -"- x / o 

andpiekers duties of liis appointment, shall take and subscribe the foUowinar oath 
sworu'^^ respectively ; viz. [for inspector's oath, see sec. 33.] Pickefs oath : 
Pickers' " I do solemnly swear, that I will carefully pick such refused tobac- 
^^^ ■ CO that I may have charge of, and will fiithfully and truly make a 
return of the net proceeds thereof, without waste or embezzlement, 
to my knowledge ; and that I will not purchase any tobacco during 
the time that I am appointed picker ; and that I will not be concern- 
ed in the manufacturing of tobacco, either directly or indirectly : 
So help me God." 

Sec. III. [Warehouse fees — superseded, sec. 33.] 
l!tw.Tf^J^ 28. Sec. IY. The inspectors of warehouses shall be liable for 
lessor ^ any loss, damage, • or injury, which the ov^rner of any liogshead of 
tobaVco.^ tobacco deposited .in the warehouse may sustain, at the suit of the 



AGRICULTURE AND COMMERCE-^-Tobacco— ^1815. G3 

l^ei'cipts — Oath — Rates ofkftrage. 

party injured, unless it shall be mads appear by the defendant that 
the loss, damage, or injury was sustained by unavoidable accident. 
And if any loss, damage, or injury shall be suffered or sustaine t by And 
the inspectors from any neglect or omission by the proprietors in not f^'i'/g^to"^ 
providing good and secure houses for the safe keeping of all tobacco the 
deposited, the said proprii^ tors shall be liable for such loss, damage, or^^^^^^ °^^' 
injury to the inspectors. 

Sec. V. [Repeals all repugnant Acts.] 

A71 Act to res^ulate the inspection of Tobacco in this Slate. — Ap- 
Voved Nov. 30, 1815. Yol. III. 334 

29. Sec. I. From and after the first day of January next, it shall Refused 
not be lawful for any inspector of tobacco in this State to burn or tobacco 
cause to be burned any tobacco, in pursuance of any law heretofore i^ume^d. 
passed in this State. 

30. Sec. II. From and after the first day of January next, it shall The 

be the duty of the inspectors of tobacco witliin tliis State to inspect "j^^','JJ^^'J°^'^ 
any hogshead or hogsheads, cask or casks of tobacco brought to the then- re- 
warehouse, at which they are already, or may hereafter be appointed j-'g^-*;^„^j5^i^ 
inspectrr or inspectors, by qu.alities ;. to wit : first, second, third, andthequahty 
fourth qualities ; which qualities shall be fairly expressed in the face tobaa^o, as 
of the receirt or manifest, which shall be ;;iven by the inspector who ^^t, 2d, 3d, 
may mspect sucn tobacco. quahty. 

31. Sec. III. It shall be the duty of the inspectors aforesaid re- How hotrs- 
spectively, at or before the issuing such receipt or manifest, fairly J^^'i'^*^''^ ^^^'^ 
and pla nly to mark or stamp on each head of each hogshead or cask Diarked. 
so inspected as aforesaid the quality of the tobacco contained in such 
hogshead cr cask ; and it shall also be the duty of the said inspectors ^y-"^^*)'- 
fairly and plai^dy to mark or stamp on each hogshead and cask as ^''^ '^" 
aforesaid the number, tare, and net wci2:!it, together with the initials Owner's 

/:• .1 ^ 4.\ ' ' 0.0 initials, 

ot the name 01 the owner. 

32. Sec. IY. Before any inspector of tobacco shall proceed to 
inspect tobacco in pursuance of this Act, they shall respectively take 

and subscribe the following oatli or affirmation, to wit : ''I, A B, ir.spcftors' 
do solemnly swear or aflirm. that I will diligenth^ and carefull}^ view, ^'^^'^' 
(^xamine, and inspect all tobacco brought to the warehouse whereof 
I am appointed inspector, according to quality, and that net separate 
and apart from, but in the presence of my fellow ; and I will net 
change, alter, or give out any to*'acco, ether tlian such hogsheads or 
casks for v/hich the receipts to be taken was given : but that I will 
in all things well and faithfully discharge my duty in tiie office of 
an inspector, to the best of my skill and judgment, according to the 
directions of this Act, v/ithout fear, favor, affection, or the hope of 
reward, malice, or partiality : So help me God."' 

33. Sec. Y. The proprietor of each warehouse shall be, and he xi,.tcs of 
is hereby entitled to demand and receive the sum of fifty cents, fcr ^torago 
the storage of eacli hogshead of tobacco inspected at his warehouse, 
provided the said tobacco does not lie longer in such v\^arehouse than 
twelve mpnths, and for every month after, the proprietor or ovvnier of 



64 



AGRICULTURE AND COMMERCE.— Turpentine— 1847. 



Protection of Turpentine Business. 



To be paid siich tobacco shall pay the rate of twelve and a half cents per month ; 
before re- wliich dutv or storasje shall be paid to the several inspectors before 
the inspec- the same be removed from the said warehouse, who shall be answer- 
tor accoun. ^\q ^q ^j^g owncr or proprietor thereof, for the full amount of each 
storage by them received. 

Sec. YI. [Repeals all Acts repugnant to this.] 



An Act to establish a Tobacco Inspection in the Toicn of Athens^ 
and to provide for the appointment of Inspectors. — Assented to 
Dec. 9th, 1841. Pam. 199. [Local.] 



An Act to establish a Tobacco Inspection in the Town of Rome, and 
to provide for the appointment of Inspectors. — Assented to Dec. 
Pam. 176. [Local.] 



23, 1842. 



[Statutes omitted as obsolete, repealed, or superseded. 
1789. VoL L'554.] 



Act of 



AUT. XV.— TUEPENTINE BUSmESS.* 



Sec. 1. Time of firing woods. 
" 2. Three days' Notice. 



Sec. 3. Punishment for Whites. 
" 4. For Slaves. 



be fired 
only at 
certain 
times. 



An Act to protect those engaged in the '' Turpentine Business ^^^ and 
to prevent the setting fire to xvoods or lands, except at certain ti'ines 
and under certain circumstances, so far as the Counties of Cam,- 
den, Glynn, Mcintosh, Scriven, Jefferson and WasJiington are 
concerned. — Approved Dec. 29, 1847. Pam. 296. 

1. Sec. L Be it enacted, That from and after the passage of this 
Woods to Act, it shall not be lawful for any person to set on iire, or cause to 

be set on fire, any woods, lands, or marshes, in the Counties of Cam- 
den, Glynn, Mcintosh, Scriven, Jefferson and Washington, except 
the same be done between the first day of March and the first day 
of May in each and every year. 

2. Sec. IL Any person in the Counties aforesaid, wishing or 
Then on 3 having intention to set on fire, or cause to be set on fire, any woods, 
days no- jands, or marshcs, adjoining the land of a person or persons engaged 

in the " Turpentine Business," shall give three days' previous no- 
tice to. the occupant or occupants of said adjoining land, of his in- 
tention, and in all cases shall take effectual care to extinguish or as- 
sist in extinguishing said fire, to prevent its reaching said land ad- 
joining. 
Punish- '^- ^^^' ^^^- ^^ ^^^y ^^hite person offend against the provisions of 

mentof this Act, lie shall be indicted for a misdemeanor, and on conviction 
sons^ ^^^" thereof, shall be fined a sum not exceeding fifty dollars, and imprison- 

*See "Beef, Pork, &c." sec. 3. 



AGRICULTURE AND COMMERCE— Weights, &c.— 1803. 65 

W. and !M. to be marked by Clerk — Fees. 

ed for a time not longer than three months, at the discretion of the 
Com't. 

4. Sec. IY. In case any slave or free colored person shall offend slaves, 
against the provisions of this Act, he shall, on conviction before a 
Justice of the Peace, receive thirty-nine lashes. 

Sec. V. [Repealing clause.] 



ART. XYI.— WEIGHTS AND MEASURES.* 



Sec. 1. Sale by unlawful standard. 

*' 2. Marked by Clerk of Inferior Court. 

*' 3. Fees of Clerk. 

*' 4. Fee for Weighing. 

" 5. Weighers' Oath. 

" 6. Penalty. 

*' 7. No deduction for draft. 

•' 8. $500 Penalty. 



Sec. 9. U. S. Standard. 

" 10. Governor's duty. 

" 11. Proclamation. 

" 12. Duty of Inferior Court. 

" 13. Notice. 

" 14. Penalty. 

" 15. Tare on Cotton. 

*' 16. Indictment. 



A71 Act to regulate Weis;hts and Measures in this State. — Approved 

Dec^ 10, 1803. Yol. II. 134. 

1. Secs. I. and II. [repealed by Act of 1839, except the following :J Penalty for 
And if any person or persons whosoever, shall sell or attempt to sell selling by 
any article or thing by any other or less weight or measure than that than^iaw- 
80 established, he, she, or they, so offending, shall forfeit and pay f^ii stand- 
three times the value of the articles so sold or attempted to be sold, to ' 

be recovered before any Justice of the Peace, if it should not amount to 
more than thirty dollars, and if above that sum, before any Judge of the 
Superior Court, or the Justices of the Inferior Court, by action of 
debt ; one half whereof shall be for the use of the informer or person 
bringing the action, and the other for the use of the County in which 
such act or offence may happen. 

2. Sec. III. It shall be the duty of the Justices of the Inferior^ . 
Court, or a majority of them, of the respective Counties of this State, andmeas- 
to procure a marking instrument, seal, or stamp, for the purpose ^f JJ[arked^br 
marking, sealing, or stamping, all weights and measures within their the cierk 
several Counties, which marking instrument, seal, or stamp, shall re- q^\ ^ 
main in the Clerk's office of the Inferior Court, by him to be affixed 
to any weight or measure, which he may find to correspond w^th, or 
not less than the standards established by said corporations of Sa- 
vannah and Augusta. 

3. Sec. IY. The said Clerks of the Inferior Court shall receive 
six and one-fourth cents for each and every weight or measure by fees. 
them so marked, sealed, or stamped, to be paid by the person obtain- 
ing the same. 

♦For rule of measuring distances between ferries, see " Roads, Bridges and Ferries," 
sec. 63. 



»art. 



Clerks' 



66 AGRICULTURE AND COMMERCE—Weights, &c.— 1S08-'15. 



Oatli Ox Weigliers— Doduction for Draft. 



An Act to regulate the weighing of Cotton and other coniniGdities in 
this State. — Approved Dec. 8, 1806. Vol. II.. 346. 

Fee for 4. Sec. I. [The fiist part of, the section re-enacted, see sec. 6.] 

weig mg. j^^^ shall it be lawful for any person to ask, demand, or receive more 

than six and a cpaarter eents for iveighing any such bale, bag, or 

package of cotton, tierce or half tierce oi rice, box or barrel of indigo. 

5. Sec. II. It sheJl not be lawful. for any person or persons in tlie 

No persons Citics of Savannah and Augusta to weigh any bale, bag or package 

nah and of cotton, tioice 01 half tierce of rice, box or barrel of indigo, with- 

Aiigusta to QQi; f^Ysi takinpf and subscribing; the folio winc]^ oath before some one 

weif^u cer- . 

tain^'ai-ti- of the Justiccs of the Inferior Court, or Justice ' of the,; Peace of 
^^^^'■.^^^^!^Hhe said Counties : '' I, A B, do solemnlv swear or affirm, fas the 
sworn, case may be,) that I w^iil justly, and v/ithout partiality, weigh all 
1 le oath, i^^jgg^ bags, or packa:ges of cotton, tierces or half tierces of rice, box- 
es or barrels of indigo, that may be brought to me for that .purpose, 
and mark the true vv eight thereon, without any deduction whatever, 
and render a true and accurate account thereof to the parties con- 
cerned, if required : So help me God." 
Penalty for 6. Sec. Hi. Eaoli and every person who shall oiTend against the 
tkis lavv. provisions of this Act, shall forfeit and pay for every such offence 
the sum of twenty dolla.rs for each bale, bag, or package of cotton, 
tierce or half tiexce of rice, box or barrel of indigo, to be recovered 
in any Court having jurisdiction thereof; on\^ moiety thereof to the 
party injured, or the informer,- and the other to the County. 



A7i Actio regulate the manner of weighing, with Scales or Steelyards^ 
throughout the State of Georgia. — Approved Dec. 16, 1815. 
Yd. III. 1076. 

Whereas, It is custom ar}^ to deduct for every draft or turn of tlie 
scale or steelyards, a certain number of pounds in proportion to the 
weight of the article weighed, which custom is evidently contrary 
to every principle of justice or propriety ; for remedy whereof — ' 
No deduc- 7'- Sec. I. Beit enacted J 6^c. That immediately from and after 
tioii from i]^q fy^^i day of January next, it shall not be lawful to make any such 
weight to deduction from the true weight of any article or articles for or on 
^® ^^°^^^- account of the draft or turn of the sc^le or steelyards.* 
500 dollars ^' ^^^' ^^' Any purchaser or Weigh Dr of any article or articles 
penalty for whatever, who shall require or make the deduction or deductions 
a?ainlT^ intended to be provided against by the aforegoing section, shall for- 
tius act. feit and pay for each and every such offence the sum of $500, to be 
recovered by action of debt before any Court having competent ju- 
risdiction to take cognizance thereof, one moiety of which forfeiture 
shall go to the use and for the benefit of the County in which such 
offence shall have happened, and the other to the mformer. 
Sec. III. [Repeals all repugnant laws.] 

*Sec sec. 14, as to tare or r'r-ift o^- cotton. 



AGRICULTURE AND COMMERCE— Weights, etc.—- 1839. 67 

Standard of "Weitt-hts and Measures — xVll i^ersoiiS to coiiiona thereto. 



An Act to amend an Act 2?assed Wth Dec. 1803, entitled an Act to 
'make uniform a standard of JVcights and . Measures, in this 
State. — Assented to 23d Dec. 1839. Pani. 224. 

9. Sec. I. Be it enacted. That the .standard of weishts and niea- u. s. stan- 
sures adopted by the Congress of tiie United States, shall be, and the ^g^]^ ^^^'^^' 
same are hereby adopted and considered a standard of weights and 
measures for this State. 

10. Sec. II. From and immediately after the passage of this Governor 
Act, it shall be the duty of his Excellency, the Governor of this Vip-"?-^^^ 
otate, to cause to be procured ni some cneap and economicai way, 

one hundred standards of each, to correspond in Vv^eight and mea- 
sures, with those now in the Executive office in Milledgeville. 

11. Sec. in. So soon as the said standards shall have been pro- Pj-oc-ama- 
cured, as contemplated in this Act, his Excellenc3y^, the Governor, is tioi^- 
hereby authorized to issue his proclamation, giving publicity to the 
same, callh]g upon all the citizens of this State, and others within 

the jurisdiction of the same, to conform thereto, and abide the same. 

12. Sec. 4. When his Excellency, the Governor, shall have i^if, Court 
made his proclamation, in pursuance of this Act, it shall be the dutyj^^-^'^ 
of the Justices of the Inferior Courts of the several Counties of this p.oc',ii4 
State, or a majority of them, auvd they are hereby required to obtain ^'^'f'^'' 
from the Executive office, by their Cierk, or some other person by 

them appointed for that purpose, one of each of thQ standards of 
weights and measures, to be kept in the Clerk's ofilce of said In- 
ferior Court of said Coimty, for the benefit of all the citizens thereof. 

13. Sec V. It shall be the duty of the Justices of tlie Inferior ^ 
Courts aioresaid, or a majority oi them, upon tne receipt oi such notice to" 
standard of weights and measures, to give sixty days' notice at the ^° g^^en. 
Court house of the County, and three of the most public places in 

the same, in order that all may be informed thereof. 

14. Sec; YI. If any person or persons within the limits of this pg^.^-.^ e^.. 
State shall use or cause to be used, or in any wise sanction the use usin?T cmy 
of any weights and measures, for their ov/n use and benefit, either*' 

for themselves, or any other person Vk." ith whom they may be. con- 
nected, of less dimension than those adopted by this Ac, as stand- 
ards, after six months shall have expired from the proclamation of 
his Excellency, shall, upon proof and conviction thereof, be subject 
to all the pains and penalties, both civil and criminal, impr >ved [im- 
posed] by the Penal Code of this State, and in the vlct to v/hich this 
is amendatory ; and if he, she, or they shall be the proprietor, super- 
intendent, weight clerk, or assistant, in wareiiouses, or places where 
cotton "ir other produce are weighed or sold. -he, she, or they shall be 
liable to a penalty, civil or criminal, in a fourfold amount. 

Sec. \^II. All laws and p nts of laws militating against this Act, 
be, and the same are hereby repealed. 



68 AGRICULTURE AND COMMERCE— Weights, &c.— 1847. 

Tare on Cotton. 



Tare or 
draft on 
cotton 
abolished. 



Offender 
subject to 
indict- 
ment. 



A71 Act to abolish the allowance of tare or gross weight on hales of 
unmanufactured' cotton.* — Approved Dec. SOth, 1847. Pam. 294. 

15, Sec. I. Be it enacted, That from and after the passage of 
this Act, the custom of making a deduction from the actual weight 
of unmanufactured bales of cotton, as an allowance for tare or draft 
thereon, be, and the same is hereby abolished, and that hereafter all 
contracts made in relation to such cotton, shall be deemed and taken 
as referring to the true and actual weight thereof, without deduction 
for any such tare or draft. 

16. Sec. II. Any purchaser or purchasers of cotton in this State, 
w^ho shall hereafter violate the provisions of this Act, shall be subject 
to indictment in the Superior Court of the County where the offence 
was committed ; and on conviction thereof, shall be fined in a sum 
not less than five dollars for each and every bag or bale of cotton, 
from the actual weight of which such deduction shall have been 
made, or imprisoned in the County jail, at the discretion of the 
Court, not to exceed sixty days : Provided, That nothing in this Act 
contained shall prevent the usual deduction of two pounds from be- 
ing made from the weight of each bag of cotton having knobs or 
tugs thereon. 



* A former Act on this subject, vol. II. 346. 



ATTACHMENT AND GARNISHMENT— 1799. 



69 



Grounds for Attachment. 



ATTACHMENT* AND GAIINISIIMENTS.-1799. 



Sec. 1. Attachment by Agent or Attorney. 
" 2. Issuing and proceedmgs on Attach- 
ment. 
*' 3. Proceedmgs after return. 
** 4. Property m different Counties. 
*♦ 5. Claims to Personalty. 
" 6. Attachment and Claims to Land. 
" 7. Property returned by Garnishee. 
" 8. Making parties. 
•♦ 9. In Justices' Courts. 
*' 10. Interrogatories. 
*' 11. Lien of Attachments. 
*' 12. As against Judgments. 
'* 13. Defendant may replevy or plead. 
'♦ 14. Debts not due. 
** 15. Third person as friend. 
" 16. Attachment by surety. 
" 17. Jvidgment for debt not due. 
"18. Replevy. 
♦' 19. Act of 1799 in force. 
" 20. Attachment pending suit, 
"21. Set-off. 

*' 22. Garnishments, pend. lite. 
*' 23. After Judgment. 
" 24. When Served. 
*' 2o. Failure to answer. 
♦' 2G. Lien of Judgments. 
*' 27. City Courts included. 
" 28. Garnishee in the County. 
" 29. Out of the County. 
*' 30. AnsAvcr at 1st Term. 
*' 31. Claims to Lands. 



Sec. 32. And negroes — from Justices' At- 
tachments. 

• 33. Replevy. 
■ 34. Oath of Jury. 

' 35. Attachment's Insurance Company. 
' 36. Agent garnisheed. 

• 37. Dissolved by Bond. 

• 38. Judgment vs. Garnishee. 
' 39. Issue as to value. 
' 40. Banks, &c., Garnisheed. 
' 41. Personal service. 
' 42. Attachment Bond. 
' 43. Rule Nisi vs. Garnishee. 
' 44. Subsequent proceedings. 
' 45. Garnishment in all cases. 
'46. Attachment by Agent or Attorney. 
'47. Claim Bonds. 
' 48. Attachment, how directed. 
' 49. Effect of Judgment. 
' 50. Property exempt. 
' 51. Parties to claims. 
' 52. Declaration in Attachment. 
' 53. Attachment vs. Bail. 

• 54. Affidavit of non-resident. 

• 55. Parties to Garnishment. 
' 53. Admmistrator de bonis non. 
' 57. Pursuit of property. 
' 58. Garnishment in any County. 
' 59. Attachment by Indorsers. 
' 60. jMechanics, &c. wages. 
' Gl. Bank Officer's salaries. 
' 62. Other Officers. 



An Act to regulate Attachments in this State. — Passed February 

18, 1799. Vol. I. 39. 

Whereas, it is just and proper that provision should be made for 
the recovery of debts, where the same cannot be done by the ordi- 
nary process of law ; there fore, f 

1. Sec. I. Be it enacted^ 6fc. That in case of non-residence, or in what ca- 
where both debtor and creditor shall reside without the limits of this agent^or 
State,J it shall and may be lawful for such creditor, by himself, his attorney 
agent, or attorney, to attach the property, || both real or personal, t^ch^ ' 
which may be found in the State, of such debtor, in the same man- 
ner, and under the like restrictions, as are or shall be usual in case of 
absconding debtors, or where the debtor alone resides out of the 

State. 

2. Sec. II. It shall and may be lawful for the Judges of the 



*Por Act authorizing creditor to take out grant in order to levy attachment, see 
*« Land," sec. 88. 

t For general provisions as to attachments, in Justice Courts, see '• Justice 3 of 
the Peace," sec. 8. See also same title, sec. 1, giving authority to Justices of the 
Peace to issue attachments returnable to Superior and Inferior Courts. For attach- 
ments against shows not licensed, see " Counties," 14. 

tin all cases, by Act of 29th Dec. 1836, see 46 of this title. 

tj Certain property of poor debtors exempted, see sec. 50 this title. Also " Insolvent 
Debtors," sec. 16 and note. 



70 



ATTACHMENT AND GARNISHMENT— 1799. 



Ey wlio-m issued and levied — Garnishment and Bond. 



Who may 
issue at- 
tacliraents, 
and in what 
cases. 



To be lev- 
ie 1 by a 
sherfff, or 
constable, 
on the de- 
fendant's 
real or per- 
sonal es- 
tate, or in 
the hands 
of garx 
nishees. 

Summons 
of gar- 
nishees. 



Isfsue may 
be made 
up on the 
return of 
garnishee. 

Trial and 
judgment 
thereon. 

Plaintiff 
shall give 
bond. 

Form of 
the condi- 
tion. 



Superior, or Justices of the Inferior Court, or any one of them, and 
also for any Justice of the Pea.ce, upon complaint made on oath,^ that 
his debtor resides out of this State, ^ or is actually removing without 
the limits of this State, or any County, or absconds,^ or conceals 
himself, or stands in defiance of a peace officer, so that the ordinary 
process of law cannot be served on him,^ to grant an attachment 
against the estate of such debtor, or so much thereof as shall be of 
sufficient value to satisfy the plaintiff 's demand a.nd costs, which at- 
tachment shall be directed to, and served by the Sheriff of the Coun- 
ty where the property may be found, or his deputy, or any Constable ; 
and it shall be the duty of such Sheriff, iiis deputy, or any Con- 
stable, to serve and levy the same, upon the estate, both real and 
personal, of such debtorf wherever the same may be found, either 
in the hands of any person indebted to, or having effects of such 
debtor, and summon sucli person or persons to appear at the next 
Court to be held for the said < 'ounty, and to which tiie said>attach- 
ment may be returnable, there to answer on oath what he is indebt- 
ed to, or what effects of such party he hath in hand, or had at the 
time of levying such attachment, which, being returned executed, 
the Court may by order compel such person to appear and answer as 
aforesaid.f And wiiere any person, in whose hands any debt or ef- 
fects may be attached, shall deny ov/ing any money to, or having in 
his hands any effects of such debtor, it shall be lawful for the plain- 
tiff to traverse such denial, and thereupon an issue shall be made up, 
and the same be tried by a Jury ;^ and if found against such garnishee, 
he, she, or they shall be subject to pay the plaintiff" such sura as shall 
be so found, and the Court shall order judgment to be entered there- 
of against such garnishee, as in other cases : Provided^ that tiie said 
Judge, Justice of the Inferior Court, or Justice of the PeacB, before 
granting • such attachment, shall take bond a,nd security of the party 
for whom the same may be granted, in double the sum to be attach- 
ed, § payable to the defendant, for satisfying and paying all costs 
which may be incurred by the defendant, in case the plaintiff suing 
out such attachment shall discontinue or be cast in his snit, and also 
all damages which may be recovered against the said plaintiff for 
suing but the same f which bond shall be returned to the Court to 



*May issue on Sabbath day in certain cases. See title " Judiciary," sec. 97. 
fService on " Corporations." See " Judiciary," sec. 80. 
XFox mode of proceeding, see sec. 43-44, this title. 
^Double the amount sworn to. See sec. 42. 

[1.] A, mistake in plaintiff's name in the affidavit will not vitiate, where it is idem sonans. 
3 Kelly, 266. The aindavit must be attested by the officer officially. Bij'dsong § Sledge vs. 
McLaren. 8 Ga. Rep. 521. The truth of the affidavit cannot be denied by third persons. 
8 Ga. Rep. 551. 

[2.] The property of di foreign corporation is liable to attachment. 5 Ga. Rep. 531. 
The non-residence of one of a firm is not sufficieiit. Wiley § Co. vs. Sledge, 8 Ga. Rep. 522. 

[3.] '^ Has absconded" insufficient. 7 Ga. Rep, 167- 

[4.] Either party may appeal. 4 Ga. Rep. 393. 

[5.] A condition that the plaintiff " shall prosecute his suit with effect at the term to which 
it is returnable," is a substantial compliance with the Act. 3 Kelly, 266. See 7 Ga. Rej). 167. 
A bond payable to members of a firm, instead of the firm itself, is insufficient. Birdsong 8c 
Sledge vs. McLaren. 8 Ga. Reij. 521. Either member of a firm may give the bond. Daniel 
WiUo7i, &o. vs, Smith & Co. 8 Ga. Rep. 



ATTACHMENT AND GARNISHMENT— 1799. 71 

I: iiorninl Altachmei it — iieplcv y — Pr '>ccedi]:! gs on Attachment. 

v/-hich such attachment ma^/ be made returnable on or before the last 
day of the term ; and the liart};^ entitled to such cost and damages 
may bring suit, and recover thereon ; and evevY attachment issued 
without such bond taken, or where no bond shall be returned as 
aforesaid, is hereby declared to be illegal, and shall be dismissed with 
costs : Provided, ahoays, that every attachment which may be issued, „ ^^, 
as aforesaid, shall be attested by the Judge of the Superior, or Justice tod 
of the Inferior Court, or Justice of the Peace, issuing the same, and 
be Dj the Sheriff, or person autliorized to serve the same, publicly 
advertised at the Court house of the said County, at least thirty days ^^^^^^"^^■'**^*^ 
before the sitting of the Court ; and if any attachment shall be issued days, 
within thirty days of the next Court, such attachment shall be made 
returnable to tlie Court TiQx.t after the expiration of the said thirty 
days, and not otherwise ;■ and all attachments issued and returned 
in any other manner than is hereinbefore directed, shall be, and. the ^y^^^;?^^^^ 
same are declared to be null and void ; and all goods, chattels, lands ments 
and tenements, subject to such attachments, shall be repleviable by ^'^'^'" 
appearance and putting in special bail, or by the defendant's giving ^^P^®"^)'* 
bond, with good and sufficient security, to the Sheriff, or other of- 
ficer serving the same ; v/hicli bond he is hereb}^ empowered to take, 
compelling the defendants to appear at the Court to which such at- 
tachments shall be returnable, as id to abide by and perform the order 
and judgment of such Court.* Pt^ovided, ahoays, tlia,t all goods and 
effects attached a,nd not replevied, as aforesaid, Vvdiere the same shall ^f^^^'^'-j^^:^^ 
appear to be of a perishable nature, on motion of the plaintiff, or his may be 
attornc}^, the Court, or, if not in term time, the Judge of the Superior, ^^^^"^f °^" 
or any two or more of the Justices of the Inferior Court, may, and Court, 
are hereby authorized and requhed to order a sale of such perishable 
property ; and the moneys arising from such sales shall be deposited 
in the Clerk's, office by the SheriiT, or other officer selling the same, 
to answer the demands of the plaintiff, if established, and the bal- 
ance, if an}^, after satisfying such demands and costs, shall, by order 
of the said Court, be returned to the defendant or his attorney. 

3. Sec. III. If any attachment shall be returned executed, andpj.Qp3g^_ 
the property attached shall not be replevied, a,s afofesaid, the subse-inRs after 
quent proceedings thereon shall be the same as on original pi'ocess ^^j^e™' 
a2:ainst the body of the defendant, where there is a default of an- there is no 
pearance ;f ^ and all such goods and chattels, lands and tenements, not ' ' 
replevied, shall, after the plaintiff has established His demand, be, by 
order of the Court, sold and disposed of, for and towards the satis- 
faction of the plaintiff 's judgment, in the like manner as if the same 
had been taken under execution ; and where any attachments be re- 
turned, served in the hands of a third person, it shall be lawful, upon 

*PvCplovy by Act of 1S16, by givms^tlie officer '< sufficient security in double the debt 
or demand," sec. 13, this title. Kec ttlso sec. 18. 

fDeclarutions on attachments must be filed at first term, sec. 52. Where there is 
appearance, see sec. 13, 15, 18, 21, 49. 

[l.\ 5 Ga. Rep. Z2Z. 7 lb. 167. 

[2 ] A judgment on attaclniient may be attacked and set aside on an issue, by judgment 
creditor suggesting fraud. 3 KcUyy 140. Bat see 8 Ga. Rep. 551. 



72 



ATTACHMENT AND GARNISHMENT— 1814. 



Claims. 



Against 
gar- 
nishees. 



Property 
of absent 
tlebtors in 
different 
Counties. 



his appearance and examination, in the manner heretofore directed, 
to enter np judgment as against the original debtor, and award execu- 
tion against such third person for the moneys due by him to the ab- 
sent debtor, and against such property or effects as may be in his 
hands or keeping, belonging to such debtor, or so much thereof as 
will be of value sufficient to satisfy the judgment and costs thereon. 

4. Sec. IV. Where an absent debtor hath property lying in dif- 
ferent Counties, the same shall be liable to attachment, and an origi- 
nal and copies shall issue for each County where the property may 
be found : the whole to be returnable to the Court from whence the 
first original issued.* 

Sec. Y. Directing suits to be brought on debts returned by gar- 
nishees, re-enacted. [See sec. 7.] 



An Act to amend the foregoing. — Passed November 22d, 1814. Vol. 

III. 69. 



Claims to 
personal 
proper -y 
attaclied, 
how re 
ported and 
tried. 



Claim 
bond., 



Oath of 
Jury. 



Judgment. 



Whereas, the above recited Act has been found by experience to 
be inadequate to the complete effectuation of the purposes intended, 
and to require amendment, 

5. Sec. I. Be it enacted, ^c. That where any Sheriff or Con- 
stable shall levy any attachment on personal property ,f claimed by 
any person not a party to such attachment, such person, his agent, 
or attorney, shall make oath to such property ; and it shall be the 
duty of such Sheriff, or Constable, to return the fact of such claim 
to the Court to which the attachment shall be made returnable : and 
such Court shall cause an issue to be joined between the plaintiff 
and such claimant, and the right of property to be decided on by a 
Jury at the same term, unless sufficient cause be shown to induce the 
Court to continue the same : Provided, the person claiming such 
property, his agent, or attorney, shall give bond (to the Sheriff or 
Constable serving such attachment, ) with security, in a sum equal to 
the amount of such attachment, J conditioned to pay to the plaintiff 
all damages which the Jury, on the trial of the right of property, 
may assess against such claimant, in case it should appear that such 
claim was made for the purpose of delay. And every Juror on the 
trial of such claim shall be sworn, in addition to the oath usually ad- 
ministered, to give such damages as may seem reasonable and just 
to the plaintiff, against the claimant, in case it shall be sufficiently 
shown that such claim was intended for the purpose of delay only ;<§> 
and it shall be lawful for the plaintiff to enter up judgm^ent, and have 
execution against such claimant, for the amount of such verdict ; and 
where the Jury shall find the property not subject to the attachment, 



*As to land attached, see next Act, sec. 6, of this title. See also Act of 1836, (sec. 
48) maldng the second original returnable in all cases in the County where seixed. 

t As to land and negroes levied on by Justices' Court attachments, see Act of 1828, 
sec. 32, this title. 

;j: Double the value of property claimed. Act of 1833, sec. 47. 

§ See Act of 1828, sec. 35, of this title, for form of oath. See also «' Judiciary" Act 
of 1821, (sec. 249) and Act of 1829 (sec. 252.) 



ATTACHMENT AND GARNISHMENT— 1814. 73 

Garnisliment out of tlie County — Effects returned by Garnishment. 

the claimant may enter up judgment, and have execution against the 
plaintiff for the costs by him incurred, in establishing his claim. 

6. Sec. II. Land or real estate shall not be subject to be attached Land how 
under or by virtue of any attachment issuing and returnable out of the ^"^^ ® ' 
County in which such land is situated,* and in all cases of claims to 

land levied on by virtue of any attachment, the proceedings shall be 
the same as those pointed out by the preceding section for claims to 
other property, except that such claim shall be returned to, and tried gj. ^ ^^"^* 
in the Superior Court of the County where the land is situate. 

7. Sec. III. No person, who may'be summoned as garnishee, shall No gar- 
be compelled to answer to any attachment out of the County in which liged to 
such garnishee lived at the time of serving such attachment ;f and ^^^V^^^^ °^* 
where any garnishee shall return that he has in his hands a note or County, 
notes, bond or bonds, or other evidences of debt, belonging to the Debts re- 
absent debtor, the same shall be forthwith deposited with the Clerk Jjjg^g^j.. ^ 
of the Court in which the attachment is pending, subject to the nishee to 
order of said Court ; and after the plaintiff shall have established ed wu^h the 
his demand against the absent debtor, the Court may, in its discretion, Clerk. 
direct the Clerk to deliver to the plaintiff in such attachment, his A^^^^ , 

1111 1 • judgment 

agent or attorney, such note or notes, bond or bonds, or other evi- to be tum- 
dence of debt, or so much thereof as will be sufficient to discharge the t^e^attaeh- 
amount of the demand which the plaintiff shall have established ing credit- 
against the defendant, taking a receipt therefor, which receipt shall be °^" 
filed with the papers appertaining to such attachment, and shall be 
considered as a payment to that amount ; unless the plaintiff shall ^ • 

make it appear, that, after due diligence used by hini, he was unable 
to collect the amount ; and where the evidence so deposited is of a 
debt greater than the plaintiff's demand, and will not admit of divi- 
sion, the Court shall order the same to be sued for, in such manner as 
will, in their discretion, best insure recovery ; and the money, when 
collected, to be deposited with the Clerk of the Court in which the 
attachment pended, a part to be applied to the discharge of the 
amount due the attaching creditor, the balance to remain subject to 
the future order of said Court|. 

8. Sec. IV. No suit by way of attachment shall abate by the death Parties, 
of either party, where the cause of action would survive to the exec- n^Tde^.^ 
utor or administrator ; but such death being suggested on the record, 

the cause shall proceed under the restrictions and regulations follow- 
ing : When a plaintiff in attachment shall die, the executor or admin- where the 
istrator of such plaintiff shall, within six months after the probate of gl^^J^^^^' 
the will and obtaining letters testamentary, or obtaining letters of 
administration, cause to be issued by the Clerk of the Court in which 
such attachment is pending, a scire facias returnable to the next term 
of the said Court, giving notice of his intention to become a party in 
the place and stead of the deceased testator or intestate, which shall 
be published at the door of the Court house in the County in which 
such attachment is pending, by the Sheriff of said County, at least 

* Query : How far is this repealed by Act of 1836, sec. 48, of this title ? 
tSee Act of 1823, sec. 29, of this title. 

:J:For further provisions as to garnishments, in all suita, see post, Acts of 1822, 1823, 
1829, 1830, 1839, 1841, and 1845. 



74 ATTACHMENT AND GARNISHMENT— 1814-^6. 






king p arties — Interrogatories — Lien— ^D ef eace . 



twenty days prior to the term at which such scire fanas is made 
returnable ; which being done, such executox or administrator may, 
Where the on motion, be made party plaintiif, and the cp.iise proceed : and where 
diesr*^^^^' the defendant shall die, scire facias shall issue in manner aforesaid, 
immediately after the expiration of twelve months, which scire facias 
shall contain a notice to the legal representatives of the defendant, 
whether executor or administrator, of the pendency of such attach- 
ment, and of the intention of the plaintiff to proceed with the same ; 
which, being published in like manner, it shall be lawful for the plain- 
tiff to proceed Avith his attachment as il such death had not taken 
_, , place. ^ Provided, nevertheless, that the executor or administrator of 

Replevy -^ ^ ' (.,.,. 

and de tne aeiencLant ma^^ appear, at the return oi the sc^re facias^ and, upon 
fence by eriyipgr security in terms of the Act to which this is amendatory, shall 

executor or "-^ ^ . • -^ /» - -^ ' 

admiiiis- be permitted to plead and defend the said . attachment, in the same 
trator. manner that his testator or intestate might have done. 
Making 9. Sec. Y. In cases of attachments pending in Justices' Courts, 

JuVtke? where either party shall die, such attachments shall not abate ; but a 
Courts. notice of the intention of the representatives of the plaintiif, vfhether 
executor or administrator, to proceed, being published at the house 
where such Justices' Courts are ho) den, by the Constable of the dis- 
trict, ten days before the time at which parties are to be made, such 
parties shall thereupon bo made, and the cause proceed, 
interroga- 10. Sec. YI. Where any witness r'esides out of this State, or out 
of the County in which any attachment may be pending, and in which 
his testimony may be required, it shall be lawful for the plaintiff, on 
filing interrogatories in the oflice of tlie Clerk of the Court where 
such attachment is pending, and publishing a notice at the door of 
the Court house of said County, that such interrogatories are filed, 
to obtain a commission in like maniier, as is prescribed by the 23d 
section of the Judiciary Act of 1799, [see Evidence, sec. 3,] for 
^°"^" takinc;^ testimony in other cases. 

nience- 

mentof 11. Sec. YII. In all cascs the attachment first served shall be 

ipS;tr ''"^I's^ satisfied. 1 

other 12. Sec. YIII. No lien shall be created by the levying of an 

ments.' attachment, to the exclusion of au);^ judgment obtained by any cred- 
And as iter, before judgment is obtained by the attaching creditor.!^ 

judgments. Sec. IX." [Repeals SO mucli of the foregoing Act as is repugnant 
to this.] 

An Act, in additio7i to, and amendatory of an Act to regulate At- 
tachments in this Slate. — Passed Dec. 18, 1816. Yol. III. 72. 

_ , , 13. Sec. I. Every attachment hereafter sued out, the property 

Defendant ^.^ -, -r ^ ^ i j. ^i ■ 4. ^ ^ ^u 

may re- atto-ched may be restored to tne person or persons against wnom the 

P^^^y r d ^t'*^^chment may have issued, upon the defendant or defendants giving 

' good and sufficient security to the officer serving the said attachment, 

in double the debt or demand for which the said attachment may have 

*See "Judiciary," sec. 71. So also where garnishee dies, Act of .1839, sec. 55 ; see 
also sec. 51, of this title. 

fSee fvirther as to lien, of judgment on attachment, sec. 4-0. See also sec. 26, as to 
money raised by garnishment. 

[1.] See 3 Kelly, 189. [2.] See 3 Kelly, 169. 5 Ga. Rep. 176. 



ATTACHMENT AND GARNISHMENT— 1816-'20. 75 

All. ior debt not cine — Deieuce by friciid — Att. ior .surecyc 

— -W — — ,— , ...,1 II -, „ .,._■■ ... ■ -■ . - _ .-■ — , 

been issued and granted ;* or the said defendant or defendants may 
file his, her, or their defence to the petition or declaration of the 
attaxshincy creditor, or creditors, and enter into the same defence as if 
the property attached had been replevied. 

14. Sec. 11. V^^here a debt is not due, and the debtor or debtors is, Attach- 
or are removing, or is, or are about to remove without the limits of ^glft^'^/^^^^ 
this State, and oath being made by the creditor, his agent, or attorney, y^t due. 
of the amount of the debt to become due, and the debtor, or debtors 

is, or are removing, or about to remove,^ without the limits of this 
State, an attachment may issue against the property of such debtor or 
debtors ; but the defendant may relieve his property, by giving to the 
creditor good security to pay the money when due, and cost.f 

15. Sec. III. In all cases where an attachment may issue against Third per- 
any person absent, that on the trial of the same, any person may act act'aTThe 
as a friend, give good special bail, and by himself or attorney, plead friend of 
and defend the suit, in the same manner as though the defendant J^.^ and 
v/as personally present, and did it himself. represent 



Court. 



An Act in addition to, and cwiendatory of the several Acts to i^cgulate 
Attachments in this State, ruid to avthorize remedies in certaiti 
cases.— Passed Dec. 8, 1S20. Yoi. lY. 202. 



') 



16. Sec. I. In any case Vvdiere a person or persons has been a secu- ^ surety 
rityj for another in a note, obligation, or other instrument of writing, who has 
and has been compelled to pay o,ff the same by legal process, or haSyue^'^J/^ 
paid it by being called on by the person or persons holding such note, the con- 
obligation, or other instrument in writing : and in cases where suit is ha^ve an ^^ 
pendinsr upon any such note, oblis:ation, or instrument in writino;, attach- 
against the principal, and security or securities, or against either or against the 
any of them ;'§> and in cases where such note, obligfition, or other p^'^^'^^P''^^- 
instrumxent. to which there is or are security or securities, is, or are 
not due, and the principal debtor or debtors, in any such case, is or 
arc removing, or is or are about to remove, or have rem^oved without debt is not 
the limits of this State or any County ; and oath being made by the d^^®- 
security or securities, his, her, or their agent, or attorney, ii! fact or 
at law, of the flicts, and of his, her, or their liability on said note, obli- 
gation, or other instrument in writing, and that his, her, or their prin- 
cipal is, or are removing, or about to remove, or have removed, with- 
out the limits of this State, or any County therein, an attachment may 
issue against the property and effects of such principal debtor or debt- 
ors, in favor of such security or securities ; and in cases where the How to 
debt has been paid by such security or securities before the issuing j^.i^^^^^Tit^ 
such attachment, the said security or securities shall be authorized to where tiie 
proceed to judgment on such attachment, and to recover judgment'for beenpSd. 

*See ante. sec. 2 ; and also sec. 18. 

ti'roceedings in such cases, see sec. 17. See also sec. 16, giving surety a remedy in 
such cases. 

:^'rhe provisions of this Act extended to indorsers, by Act of 1842. See sec. 59. 

§ Further J) rotection aiibrded to sureties and indorsers by Acts of 1810, 1826, 1831, 
lS',y.), 18-iO, 18i5. See title "Judiciary," subdivision " Sureties and Indorsers," sec. 430. 

[l.j No other ground vail authorize it. 7 Ga. Mep. 167. 



76 ATTACHMENT AND GARNISHMENT— 1820. 

Att. pendente lite. 

"Where tiie i^iQ amouiit to wliich the person suing out such attachment is entitled ; 
due, or is and In case of suing out such attachment by a security or securities, 
in suit. \yi a case where a suit or suits may be pending, as aforesaid, or on a 
demand where the note, obligation, or other instrument of writing, is 
not due, such security or securities shall have alien upon the property 
and effects of the principal attached until such property is replevied, 
or the principal debtor or debtors shall give good and sufficient secu- 
rity to the person suing out such attachment, his, her, or their agent, 
or attorney, in fact, or at law, for the payment of such note, obliga- 
tion, or other instrument of writing, when it ngiay or shall become 
due, or at the termination of said suit or suits ; and in case the pro- 
Establish- P^i'^y shall not be replevied, the person attaching shall be admitted 
ment of to proceed to establish his demand as though the debt was due, or 
demand ^ ^^^ ^^^^^ ^^ suits determined ; and the property or effects of the prin- 
cipal debtor so attached by such security or securities, shall be dis- 
And dispo- poscd of, iu tlic manner pointed out in the attachment laws of this 
property^ State, and paid into the Clerk's office of the Court in which such 
attached, attachment may be pending, subject to be paid over, by order of 
said Court, to the orisfinal creditor or creditors, when such debt shall 
become due. 
Judcrment 1^- ^^^- H- Where an attachment shall issue, under and by virtue 
may be en- of the secoud scctiou of the attachment law, passed on the 18th day 
debits no\ of December, in the year 1816,* that tli€ plaintiff or plaintiffs in such 
due, with attachment shall be, and hereby is, and are authorized to proceed to 
execution, judgment, in the same manner as though the debt had been due at 
the time of issuing such attachment, with a stay of execution until 
the time the said debt should become due ; provided the same should 
not have become due before entering up judgment. 
Defend- 18. Sec. III. In all cases of attachment, the property or effects 

a^enr&c^^ of the defendant or defendants in attachment may be replevied by 
may re- ' his, her, or themselves, his, her, or their agents, or attorneys, in fact 
cordint^ to or at law, in the manner pointed out in an Act, entitled '' An Act to 
iheactof regulate Attachments in this State," passed on the 18th day of Feb- 
' ■ ruary, in the year 1799. 

Act of 1799 19. Sec. IY. In all cases of the issuing of attachments, the 
in force, formalities and resrulations provided in the said attachment lav/ of 

"wixsTG not 

repugnant the year 1799, except as herein excepted and provided for, shall be 

to this act. ^^ f^^ii force, which the plaintiff in attachment, his, her, or their 

agent, or attorney, in fact or at law, is hereby authorized to pursue. 

20. Sec. V. In all cases, wherein a suit or suits may have been 

Attach- • 

ment may instituted, ou any debt or demand, and pending such suit or suits, the 
is:5ue pen- defendant or defendants may place themselves in any or either of the 
g^t! situations, in which the suing out an attachment by the laws of this 

State would be authorized, it shall be lawful for the plaintiff or plain- 
tiffs, his, her, or their agent, or attorney, in fact or at law, to sue out 
an attachment, notwithstanding the pendency of such suit or suits 
aforesaid ; and such suit or suits shall not be pleaded in bar to such 
attachment ; but the satisfaction received upon any such attachment 
may be given in evidence against any such pending suit or suits. 

*Ante. sec. 14. 



ATTACHMENT AND GARNISHMENT— 1822. 77 

Set-off — Summons of Garnishment in all cases — before and after Judgment. 

21. Sec. VI. Any defendant aa-ainst whom an attachment shall Set-offmay 
be sued out, under the provisions of this Act, may avail himself iuinattach- 
his defence of any set-off, properly pleadable by the laws of this j^^^^^^j^^^^ 
State, notwithstanding such set-off may not be due at the time of due. 
suing out such attachment, or at the trial thereof. 

Sec. YII. [Repeals all Acts which are inconsistent with this.] 



An Act^ to authorize parties^ plaintiffs to issue Summons of Gar- 
nishment in certain cases, as in cases of Attachment. — Passed 
Dec. 23, 1822. Vol. IV. 208. 

22. Sec I. In cases pendingf in any Court of this State, or which summons 
may be here after commenced, it shall and may be lawful for the plain- of gar- 
tiff or his attorney to issue a summons of garnishment, to be dii'ected to mav"i^sue 
any person or persons who may be indebted to the defendant, or whoi^f'^^'^^^^^ 
may have any money, effects, property, either real or personal, or any 
bonds, notes, or other evidences of debt whatsoever, in his, her, or 

their hands, belonging to said defendant or defendants, requiring 
said persons to be and appear at the next term of the Court in which 
said suit or suits may be pending,^ then and there to depose on oath 
what he, she, or they is or are indebted to the said defendant or de- 
fendants, and what money, effects, property, either real or personal^ 
or evidence of debt belonging to said defendant or defendants, is or 
was in their hands or possession at the time the summons was 
served •} Provided, the plaintiff or his agent or attorney shall, Oath of 
before issuing the said summons, make an affidavit of the amount ^^1^^^^^^^^^ 
of the debt or demand which he, she, or they believe to be due, and or attor- 
that he is apprehensive of the loss of the same or some part thereof, ^^^' 
unless such summons do issue, and shall file the same in the office 
of the Clerk of the Court where the suit is pending, or with the 
Justice of the Peace when within his jurisdiction. 

23. Sec. II. In all cases where judgment has heretofore been ob- Or after 
tained, or may be hereafter obtained, it shall and may be lawful for J^^^^^-^^J^ 
the plaintiff, or his agent or attorney, to issue summons of garnish- 
ment, returnable to the Superior, Inferior, or Justices' Court, as the 

case may be, to be directed, and requiring the garnishee to depose in 

*Th.is Act, and the succeeding one, amendatory of this, have no connection with at- 
tachments. See also Acts of 1830, 1834, and 1841. 

fWliether the subject matter of the suit be a debt or not. See sec. 4,5. 

:|:Amended by next Act, (1823.) Further amended by Act of 9th Dec, 1841, sec. 
58. For provision requiring bond, see sec. 30. 

[1.] Whether a garnishee shall pay interest, depends on the circumstances of each 
case. 1 Kellyy 38. The garnishment laws oust Chancery of its jurisdiction, except in 
peciiliar cases. 2 Kelly^ 157. Collateral securities given to one creditor not liable to 
garnishment at the suit of others. 4 Ga, Rep. 428. 

Where the maker of a note not due is served with garnishment, and judgment goes 
against him, a subsequent transferee of the note with notice cannot recover. 5 Ga. 
Rep. 425. An attorney may be served with garnishment. 6 Ga. Rep. 580. 

A judgment against a garnishee, who is indebted by note, will not be a defence 
against a suit by a holder until it has been paid. Brannon vs. JYoble, 8 Ga. Rep. 549. 



78 ATTACHMENT AND GARNISHMENT— 1822-23. 

Seryiug- Summons — Ct)nteinpt — City Courts. 

like manner, as in the preceding section •,^ Provided, that the plain- 
tiff, or his agent or attorney shah, if required by the defendant or 
garnisiiee, or by any plaintiff holding a yoimger judgment or exe- 
cutioUj or his attorney, swear that he beliex^es the sum apparently 
due and claimed on said judgment or execution is actually due ; 
And provided, further, that the Sheriff, or his deput}^, or Constable, 
shall enter on sard execution that there is no property of the defend- 
ant to be found. 
When to 24. Sec. IH. The said summons, when the same is returnable 
Kr-the^^ to the Superior or Inferior Courts, shall be signed and served by the 
Superior or Sheriff or his deputy on the garnishee personally, twenty days before 
or Justiees' ^'^® Cuurt to wliicli he is directed to appear ; and when returnable to 
Court. the Justices' Court, shall be signed and served by a Constable oil the 
garnishee personally, ten days before the Court to v/hich he is di- 
rected to appear. 
Failing to ^5. Sec. IV. When any person shall fail to appear and depose 
answer is a on being summoued as a garnishee, the Court, on application, shall 
con .mpt. p^.QgQQ^ against him by attachment for contempt ;f and Vv^hen any 
person shall appear and depose, the after proceedings shall be as in 
cases of attachment ; Provided, that any garnishee deposing and 
admiting'that he is indebted to the defendant, or has in his hands 
and possession a sufhcient amount to pay the plaintiff's demand, 
shall be deemed a compliance with this Act. 
]vinnoy to be 26. Sec. Y. V/lieu auy money shall be paid into Court, or shall 
paid ever. ^^ raised by the Sheriff or his deputy, or by a Constable, under this 
Act, the same shall be paid over to iudg-ments or executions asrainst 
the defendant, as in other cases, according to the priority established 
by law. 
City Courts. 27. Sec. YI. Thls Act sliall cxtcud to procecdiugs iu the May- 
or's Court in the City of Augusta and Darien, and the Court of Com- 
mon Pleas, and Oyer and Terminer, in the City of Savannah ; and 
the summons shall be signed and served by the City Sheriff or Mar- 
shal, or his deputy, on the garnishee personally, iea days before the 
Court to which said garnishee is directed to appear ; And vrovided 
also, that the benefits of this Act shall be extended to plaintiffs in 
any suit or judgment which may be pending or rendered in any 
Court hereafter established by the Legisla-ture in any corporate Town 
in this State. 



An Act to amend an Act to authorize Parties Plaintiffs to issue 
Suramons of Garnishment in certain cases as in cases of Attach- 
ment, passed December iwenty-iliird, eighteen hundred and twenty- 
two.— Thi^ Act passed Dec. 20, 1823." YoL lY. 212. 

28. Sec. I. Wiien parties plaintiffs, their agents, or attorneys, in- 
tending to avail themselves of the benefit of the above-recited Act, 

♦By Act of 1834, proceeding by rule nui and jadgment for plaintiff's demand, sec. 
43 and 44. 

t Where the garnishee is a EarJc or other corporation, the return must be und.er their 
coriioratt seal. See sec. 49. 



ATTACHMENT AND GARNISHMENT---1823. 79 

GarnisLmerit in same or otaer County — Proceedinp.s tliereon. 



ler, or their ailidayit of the amount of his, her, or their ^^^ccediugs 

^ ^ f, ^viicro tile 

d, ill the office oi the Clerk oi the Court, or Justice of gam^hee, re- 



shali iile his, Ik 

debt or demand^ ^ . . ,., 

the Peace, in which the suit or suits is or are pending, or in wliich "coumy. ^^^^ 
the judgment or execution was obtained on which garnishments are 
intended to issue,* it shall be the. duty of the Clerk of such Court, or 
such Justice of tlie Peace, as the case may be, to deliver to such 
plaintiiTs, their agents, or attorneys, a certilied copy ^f such affidavit, 
which, when placed in the hands of the Sheriff, or his deputy, or a 
Constable, in case such certified copy shall be signed by a Justice of 
the Peace, shall be sufficient to authorize said Sheriff, deputy Sheriff, 
or Constable, and tliey are hereby required forthwith to make out, 
sign, and serve a summons of garnishment on any person or persons 
who may be indebted to the defendant or defendants in such suit, 
judgment, or execution ;f Provided^ that the person, or persons in- 
tended to be garnislieed reside in the County in which such suit or 
suits is or are pending, or in vv^hich such judgment or execution is 
obtained. 

29. Sec. II. Where persons indebted to a defendant or defendants where iie 
in any suit pending, or judgment or execution obtained, in any of [jJ^'^^f^^'J^j^^/y^^ 
the Courts of Law or Equity in this State, reside in a different County 

from the one in which suit is pending, or such judgment or execu- 
tion is obtained, tiie parties plaintiffs, their agent, or attorneys, shall 
make and file his, her, or tiieir affidavits of the amount claimed to be 
due, in the office of the Clerk of the Court, or Justice of the Peace, 
wherq such suit .is pending, or such judgment or execution is obtain- 
edt and it shall be the duty of such Clerk or Justice of the Peace to 
deliver to such plaintiff, his agent, or attorney, a certified copy of 
said affidavit, which shall be placed in the hands of the Sheritf, 
deputy Sheriff, or Constable, as the case may be, of the County in 
v/hich the person or persons so indebted and intended to be garnisheed 
may reside ; and such Sheriff, deputy Sheriff, or Constable sIkUI 
fortliwitli make out, sign, and serve a summons of garnishment on the 
person or persons so indebted, returnable to the next Superior, or 
Inferior, or Justices' Court of the County or district in which such 
garnishee may reside, under the restrictions and in the manner point- 
ed out in the before-recited Act ; Provided^ always^ that such gar- 
nishment shall be made returnable to a Superior, Inferior, or Justice's 
Court, as it v/ould have been had such g£nnishee resided in the County 
in which the suit is pending, or the judgment or execution was ob- 
tained on which such summons of garnishment is founded ; and any 
person or persons so garnisheed shall appear at the Court to which 
such summons of garnishment is returnable, agreeably to the provis- 
ions of the before-recited xict. 

30. Sec. III. All persons duly summoned as garnishees under Garnishees 
this Act, or the one to which this is an amendment, shall be bound 2 ^x^Tra- 
to make their returns at the term to which such summons of garnish- *''^'" ^'^'■"^• 
ment shall be returnable ]% Provided, that in all cases v/hen summons 

*By Act of 9th Dec. IS-il, this may be done in ?aiy County to which the execution 
ha sbfU removed, sec. 53. 

flianks and other corporations, subject to garnishment. See Act of 1832, sec. 41. 
JSee sec. 43 and 44. 



give bond. 



80 ATTACHMENT AND GARNISHMENT— 1828. 

Claim to land and negroes in certain ccises. 

famishment ^^ garnishment shall issue, it shall be lawful for the defendant or de- 
may be dis- fendants to dissolve said garnishment, by giving bond and security 
piicant to for cvoutual Condemnation money and cost of suit to the plaintiff, 
his agent, or attorney ; a7id provided also, that in all cases the ap- 
plicant for summons of garnishment, his, her, or their agent, or at- 
torney at law, shall give bond and secmity as in cases of attach- 
ment.* ^ 

Repealing ^^c. IV. All laws and parts of laws, so far as they militate 
«^"«<^ against this Act, are hereby repealed. 



An Act to regulate the trial of clahns to land and negroes when levi- 
ed 071 by attachments in the Justices'' Courts i^i this State. — Ap- 
proved Dee. 20, 1828. • Yol. IV. 223. 

Claims to ^1- ^EC- I. From and after the passage of this Act, when any 
land levied attachment returnable to a Justice's Court in this State shall be levied 

on by Jus- 
tices' attach- on land which has been claimed by any person or persons not a party 

ment'^ when . .» .< j. x i. j 

returned, to Said attachment, it shall be the duty of the officer levying the 
same to return the claim papers to the Clerk of the next Superior 
Court of the County where the land lies, which Court shall cause 
the right of property to be tried in the same manner as in other claim 
cases. 

If levied on ^^' ^^^' ^^' Whcu any attachment as aforesaid shall be levied 

negroes. qu any ucgro or negroes, which may be claimed as aforesaid, it shall 
be the duty of the levying officer to return the claim papers to the 
Clerk of the next Superior or Inferior Court qI the County in which 
said attachment has issued ; and it shall be the duty of the Courts 
aforesaid to cause the right of property to be tried in the same man- 
ner as in other cases of claims. 

Replevy. 33. Sec. III. The person or persons claiming as aforesaid, shall 

present their claim in the same manner, and be entitled to a replevy 
under the same rules and regulations as in other cases of attachments 
and claims.f 

Oath of the 34. Sec. IV. The Jury before the trial of any of the claims 
aforesaid, shall have administered unto them the following oath, to 
wit : " You do swear or affirm, that you will give to plaintiffs in at- 
tachments against claimants such damages as may seem reasonable 
and just, not less than ten per cent., provided it shall sufficiently a}> 
pear that the claim was intended for delay only ; so help me God." 

Sec. V. All laws or parts of laws militating against this law are 
hereby repealed. 

*See sec. 43, as to amount of bond. 
tSee sees. 5, 6 and 47. 



ATTACHMENT AND GARNISHMENT— 1829. 81 

Att. and Gar. vs. Insurance Companies. 



An Act to amend the several Attachment Laws of this State, so far 
as to perm^it persons whose property may be insured in Insurance 
Offices, carried on by Agents in the State oj Georgia, whenever a 
dispute shall hereafter arise between the insurers and the insured, 
to issue an attachment against the goods, property, or effects of 
said Insurance Company, and to garnishee its Agent or Agents. 
Passed Dec. 19, 1829. Vol. lY. 228. 

Whereas, disputes have arisen and may hereafter arise between Preamble. 
Insurance Companies, whose business is carried on in this State by- 
agents, as to the amount of loss which they may have sustained by 
fire or otherwise ; and whereas, when such disputes do arise, the in- 
sured is compelled at great expense and almost a total loss of his in- 
surance, to prosecute his rights in the country or State where the In- 
surance Company hath been incorporated, to the manifest injustice 
of the rights of the citizens of this State, and to their great incon- 
venience ; for remedy whereof, 

35. Sec. I. Be it enacted, That from and after the passage oi ^l^^]"^^^^^ 
this Act, it shall and may be lawful for any person or persons, who ^^f^^^ ^^\ 
may hereafter insure his, her, or their property or effects, in any In- insurers in 
surance office or company, carried on by agents in the State of Geor- and und?r ^ 
gia, when any dispute shall or may hereafter arise from any cause cuStancS. 
whatsoever between the said insurers and the insured, either in rela- 
tion to the amount of loss claimed, or the justness of the claim or 
demand, after he, she, or they shall have first complied with the 

rules and regulations of said insurance office or company contained 
in the policy, as to notice and loss, to issue an attachment against 
said company upon refusal or neglect to pay said loss to the amount 
claimed by the insured, so that the same do not exceed the amount ^^jfe co51t"oi- 
contained in the policy, in the same manner, and under the like re- ^^^^^y ^^® 
strictions, as are pointed out in the attachment laws of this State, 
passed 18th day of February, 1799. 

36. Sec. II. Upon said attachment being issued out as aforesaid, J/!in^fnsur 
it shall and may be lawful for the said plaintiff in attachment to ance office, 
summon the agenj; or agents of such insurance office or company in summoned 
writing, to appear at the term of Court to which the said attachment nish£,^un- 
shall be made returnable, under the penalty of an attachment for aSef oC 
contempt,* then and there to answer upon oath, what he, she, or ^fa cra"^ 
they are indebted to, or what effects of said office or company he or tempt to an- 
they had in his or their hands at the time of issuing said attachment, ' 
and hath or have at the time of making his, her, or their return un- 
der oath as aforesaid ; and if the said agent or agents shall deny be- 
ing indebted to, or having in his, her, or their hands, any property 

or effects belonging to said office or company at the time of issuing 
the attachment, and at the time of making his return under oath as 
aforesaid, it shall and may be lawful for the said plaintiff in attach- 
ment to traverse such denial in the same manner, and under the like 



*See sees. 43 and 44 for proceedings against defaulting garnishee. 
11 



assignable. 



bond. 



82 ATTACHMENT AND GARNISHMENT— 1829-'30. 

Proceedings vs. Garnishee. 

penalty, as is prescribed in the second section of the attachment law 
as aforesaid. 
How such 37. Sec. IH. It shall and may be lawful for the said corn- 
may "bo dis-pany against whom said attachment may issue, or their agent or 
com^^mny to agents, upou tiio samc being issued, to dissolve such attachment ; 
gvebond, ^^^ gj,-^| company against whom it shall issue giving bond and se- 
curity to the Sheriff or other officer authorized to receive the same, 
in double the amount claimed for the eventual condemnation money. 
Bond trj)e and all costs, which bond so given shall be, and is hereby declared 
to be assignable by said Sheriff or other officer to the plaintiff in at- 
tachment, upon the said agent or agents of said company failing or 
refusing to pay or cause to be paid to the said plaintiff or his attorney, 
within -thijty days after the rendition of a final judgment against 
said company or said claimant, the amount of said judgment and all 
Suit, when costs ', and the said liaintiff in the said attachment is hereby authoriz- 

to be com- ' ^ • n i i 

menced on ed forthwith to commeucc an action oi debt on said bond against 
said company and its securities, and shall and may recover judgment 
on s?ad bond for the amount of said original finding against said 
principal and securities as aforesaid, jointly or severally, according 
to the existing laws of this State in such cases made and provided. 

dluse!'"^ ^^c- ^^- ^^^ ^^"^^s ^^ parts of laws militating against this law, 
are hereby repealed. 



An Act to authorize the several Courts of Laio and Equity of this 
State ^ to award judgment against garnishees, in certain cases, 
and to poijit out the mode ivherehy such garnishees may be re- 
lieved from the operation of said judgment. — Passed Dec. 21, 
1830. ' Pam. 62. 

be'lS"V*' 38. Sec. I. In all cases arising under the laws of this State, 

«.?. the gar- wliich authorizc summons of garnishment to be issued, when the 

what lie ac- gariiishec shall return on oath, that he or she hath in hand goods or 

he hl/i/his effects of the debtor, he or she shall state in his or her deposition the 

hemaysur- valu8 of the samc, and the Court to which the same may be made 

disdilr^ '" returnable, shall proceed to award judgment against said garnishee, 

for the value of said effects, as stated in said deposition : Provided, 

Jievertheless, That the said garnishee may discharge said judgment, 

by delivering to the officer, having the execution in hand, the goods 

or effects so by him or her deposed to be in his or her possession. 

Issue may be 39_ Sec. II. The plaintiff at wliosc instaucc the said summons 

made to try -' . • i i • • 

the vahie of shall liavc bccu sucd out, may make up an issue on said deposition, 
fe^ts.^ ^^ ^ " which shall be submitted to a Jury, and the said Jury shall render a 
verdict for the value of such goods or effects as may be proved to 
be in the hands of the garnishee, or for the value of such goods or 
effects as may be by him or her, admitted to be in hand, and the Court 
shall proceed to give jiidgmeut accordingly, which said judgment 
may be discharged in the manner prescribed in the first section of 
this Act. 

38. Sec. III. AH laws and parts of laws, militating against this 
Act, are hereby repealed. 



ATTACHMENT AND GARNISHMENT— 1832-'34. 8:^ 

Garnisliment to Banks and other Corporations — Service of Summons — Attacliment Bond. 



A71 Act to make Banks and other corporations subject to Garnish- 
ment, and to regulaie proceedings against Gai^nishees, in certain 
cases. — Approved Dec. 24, 1832. Pam. 113. 

40. Sec. I. From and after the passing of this Act, all banks, ^^^"^%^;,'Ji^^ 
banking companies and other corporations in this State, shall be rationsiiabie 

. .to fjaniish- 

liable to garnishment both in cases of attacliment and in cases at ment. 
Common Law ; and it shall be their duty to answer under their cor- 
porate seal by their presiding ofhcer ; and in all cases a summons ad- How. served 
dressed to the corporation and served upon its presiding offict-r, shall 
be deemed and held sufficient. 

Sec. XL [Repealed by the Act of 1835, pam. 103.]^^ 

41. Sec. HI. Summonses in garnishment shall in all cases be ^""^'J^^fyg 
served personally, otherwise they shall not be bindinsr ; and in all '^^"'^f p'^^- 
cases where any corporation shall answer, the subsequent proceed- Pubseqiient 
ings shall be the same as those now provided by law in cases of ^"^^^^^ '"^^ 
other garnishees.! 

[Proviso repealed by Act of 1850, sec. 61.] 

Ati Act to amend and explain the second section of the Attachment 
laio of this State, passed on ihe eighteenth of PeMruary, seventeen 
hundred and ninety-nine. — Passed Dec. 24, 1833. Pam. 36. 

Whereas, different constructions have been made in the Courts of 
this State in regard to the precise amount for v/hicli the attaching 
creditor's bond should be given ; for remedy v/hereof, 

42. Sec IY. Be it enacted. From and after the passage of this ^uTl'oTJ'in 
Act, all plaintilTs in attachment, their asrents or attorneys at law, or ^""'^'® t^'® 
in fact, shall give to the defendant in attachment, bond and security, sworn. 

at the time of issuing the attachment, in a sum at least equal to double 
the amount sworn to be due, or to become due, by the attaching 
creditor. 

Sec Y. All laws or parts of laws militating against this Act are 
hereby repealed. * 



An Act to amefid the several Acts relative to the issuing of sum- 
monses of garnishment and proceedings against farnishers. — 
Passed Dec. 22, 1834. Pam. 79. 

43. Sec I. From and after the passing of this Act, in all cases, Befauiting 
in any of the Courts of this State, where any person or persons shall «uhj^cfto 
fail to answer, after being duly summoned as garnishee or garnishees, SiihoS'to 
the Court, upon motion of the plaintiff or his attorney, shall pass a i';^1gf "J^^^ 
rule or order requiring the garnishee or garnishees to answer at such "hown. ' 

* This section provided for judgment against garnishee, immediately on faiku-e to 
answer. 

tThis section Avas repealed by Act of 1<334, pam. 45, and revived by Aot of lc.,35, 
pam. 103. See •* ct of 1845, exemjitbig wages of journeymen mechanics arid day lalor- 

ers from garnishi' en, ;-i>:, GO. ' ■ 



84 



ATTACHMENT AND GARNISHMENT— 1834-'36. 



And costs. 



Proceedings vs. Garnisliee — Oath of Agent or Attorney — Bonds. 

time as the Court may direct, or show cause why judgment should 
not be entered against him, her, or them, for the amount of the plain- 
tiff's demand and costs, which rule shall be served by the Sheriff or 
his deputy; and if the garnishee or garnishees shall fail to answer or 
show cause at or by the time limited in the said rule or order, the 
Court shall enter judgment against the garnishee or garnishees for 
the amount of the plaintiif 's judgment with costs. 

44. Sec. II. The Clerk and Sheriff shall be entitled each to the 
sum of one dollar for the entry and service of such rule or order as 
is prescribed in the first section of this Act, which fees each garni- 
shee shall be compelled to pay before his answer is received by the 
Court ; and when the garnishee shall answer to the summons of 

pi?ce?(iings garnishment, in compliance with the said rule or order, the same 
to be as usu- proceedings shall be had as if he had answered in due time without 
the passing of any such rule or order by the Court. 

45. Sec. III. In all cases whatsoever, either at Law or in Equity, 
the plaintiff or complainant shall be permitted to issue summonses of 
garnishment upon complying with the terms of the law now of force, 
regulating the issuing of the same, whether the subject matter of the 
suit be a debt or not. 

Sec. IV. All laws and parts of laws militating against this Act, 
are hereby repealed. 



al 



Garnish- 
ment in any 
suit. 



An Act to amend the several Acts regulating Attachments in this 
State^ and to regulate proceedings in certaifi cases where the 
plaintiff shall die after rendition of Judgment. — Passed Dec. 29, 
1836. Pam. 36. 



Agents or at- 
torneys may 
sue out at- 
tachments 
and give 
bond. 



Claim bonds 
to be in dou- 
ble the value 
of the proper- 
ty claimed. 



Plaintiff's 
remedy en 
the bond. 



46. Sec I. From and after the passage of this Act, in all cases 
where attachments may issue, under the laws of force, it shall and 
may be lawful for the same to issue upon the oath of the creditor, or 
his agent or attorney in fact or at law, by swearing, to the best of his 
belief,*^ from the evidence in his possession, and the said agent or 
attorney in fact or at law shall be, and is hereby authorized to exe- 
cute, in the name of the creditor, the bond now required by law. 

47. Sec. II. In all cases where any property levied on by an 
attachment shall be claimed, such claimant or claimants shall give 
bond, with security in double the value of the property claimed, to 
be estimated by the officer making the levy, and the claimant shall 
be entitled to the possession of such property so claimed, upon giv- 
ing to the officer levying the attachment, bond with good security in 
the sum aforesaid, payable to the plaintiff, for the forthcoming of 
such property at the time and place ;f Provided^ the same be found 
subject to the attachment, and if the property shall not be produced, 
the plaintiff or plaintiffs, his, her, or their executors or administrators 
may recover on said bond the amount of the judgment obtained on 



*Agent or attorney may also issue garnishments. See sec. 22, 23, 28. 
fSee Act of 1841 as to t'orthcoming bonds. "Judiciary," sec. 257, re-enacting tlie 
provisions of this section, so far as attachments are concerned. 

[1.] Positive oath by agent is good, nevertheless, 7 Ga. Rej). 167'- 



ATTACHMENT AND GARNISHMENT-^1836. 85 

Attacliment, how directed — Lien of Judgment — Property exempt — Death of plaintiff in fi. fa. 

such attachment, including the principal, interest and cost, together 
with all interest and cost accruing after the rendition of judgment : 
Provided^ aliDays, that no recovery shall be for more than half of 
the amount of such bond, with interest thereon from the date of the 
levy. 

48. Sec. III. All attachments hereafter issued returnable to either mem" to\he 
the Superior or Inferior Courts of the State, shall be directed to all ^"P'j.J'J JJJ^jj 
and singular the Sheriifs and Constables of this State, and that an be directed 
original attachment and copy shall issue, if the plaintiff or plantiffs siieriffs \nd 
shall desire, for any other County or Counties besides the one in of^"he'^s\^^te. 
which the first original attachment shall be issued, and when a levy 

or levies shall be made by virtue thereof, the copy attachments shall 2id^copie«— 
be returned to the Court to which the first original may be returna- J'^w retum- 
ble, and such other original shall be returned to the like Court in the tiled. 
County in vv^hich the levy may be made, and such proceedings shall 
be had in said Court against the property levied upon, or any gar- 
nishee, as if the first original attachment had been returned thereto.* 

49. Sec. IV. Judgment on attachment shall bind no other property J"^^r — 
than that attached, nor shall the person or property of the defendant ^'^^^i^go". 

-I ' T t ^ i . , persons and 

other than that attached be liable to payment of such judgment, unless property^ 
the defendant shall come, in terms of the law, and be made a party 
to such attachment : Provided^ also, in all such cases of attachments, 
when the defendants shall return to the County where said attach- 
ments are proceeding, and ten days' notice being given to the de- - 
fendants, personally, by the plaintiff, his attorney, or any legal 
officer, of the proceedings on said attachments, previous to final judg- 
ment on the same, and in all such cases of attachments, when notice 
shall have been given, and the defendant or defendants shall refuse 
or fail to appear and defend said suit or suits, personally or by at- 
torney ; then, in all such cases of attachments, the judgments on the 
same shall not only bind the property attached, but all the property 
of such defendant or defendants. f 

50. Sec Y. In all cases of levy, by virtue of process of attach- p^^Jp^j.^ ^fi 
ment, the officer levvinor the same, shall, under the same rules, reof- pof"" debtors 

. . ^ ~ 7 o exempted 

ulations and restrictions, reserve and exempt from levy and sale, like from attach- 
articles as are now, by the laws of the State, exempted under^fi. fa. *"^" 
for the benefit of debtors' families, any usage, custom, or practice, 
to the contrary, notwithstanding :J Provided^ that such debtors' Proviso, 
family shall not have absconded or removed beyond the limits of the 
County where such debtor, or his family may usually have resided. 

51. Sec. YI. In all cases where any claim shall be interposed for o" cSim^^h^ 
property levied on by virtue of a fieri facias, from any of the Courts of ex r oradm'r 
this State, and pending such claim, the plaintiff shall die, it shall suryfving 
and may be lawful for the executor or executors, administrator or execmi^j- 
administrators of such deceased plaintiff, upon motion, in the Court pl^JJ-gg*'., 
where such claim is pending, to be made parties, instanter, and the '"otion,; 
said case shall proceed without further delay : Provided, the said tlce to 

^ ^ ' theclai 

*See sees. 4 and 6 of this title. See also sec. 67, as to property run oif. 
tSee sec. 12 of this title. 

;J:See Acts of 1841, 1843 and 1845, exempting other property from levy and sale. 
** Insolvent Debtors," sec. 16, and note thereto, 



86 ATTACHMENT AND GARNISHMENT— 1838-'39. 

Declarations on Attacliinent — Attachment os. Bail — Non-resident creditor. 

executors or administrators shall produce in Court, their letters tes- 
tamentary or of administration : and, provided, they shall give to 
the claimant or his attorney, twenty days' notice of the said intended 
application to make such parties. And provided, always, in such 
cases, where there are. more thap one plaintiff, the cause shall proceed 
in the name of the survivor, and this Act shall not be applicable, 
except when the last surviving plaintiff shall die while such claim 
is pending. 

Sec. Vn. And he it further enacted, That all laws and parts of 
laws militating against this Act, are hereby repealed. 



An Actio regulate the publication of rules, ^*c., and to prescribe the 
time of filing declarations in attachmejUs. — Assented to 29th 
Dec. 1838. Pam. 168. 

Secs. I and 11. [See provisions of these sections in same Act, 
under title '^Judiciary," secs. 65, 73.] 

52. Sec. III. Declarations founded on attachment may be filed 
mem must at the first term of the Court to which the same shall be returned.!^ 

be filed first ., ' 

term. Sec. IV. [Repealing clause.] 



Declarations 
on Attach- 



A71 Act to regulate proceedings against bail in civil cases. — Assented 

to Dec. 29, 1838. Pam. 33. 

a^gafnst'S ^^' ^^^- 1- Be it enacted. That in all civil suits which may 

in certain havc hitlicrto bccu instituted, or which shall hereafter be commenced, 

where bail has been, or shall hereafter be required, and said bail has 

been, or shall hereafter be given, and pending the liability of said bail, 

he or she shall attempt to remove beyond the limits of the State or 

County in which the same was required, it shall and may be lawful 

for the party at whose suit said bail was required, to attach the property 

Property of said bail, to answer the suit of said party : Provided, however, 

on delivery that Said bail may discharge his property from said levy, by deliv- 

pnncipa . g^jj^g ^p ^^iq body of the principal, according to the laws of this State. 

Sec. II. All laws militating against this Act, be and the same are 

hereby repealed. • 



An Act declaratory of the force and effect of affidavits moAe without 
the limits of this State, relating to Attachments and Garnish- 
ments. — Assented to Dec. 21, 1839. Pam. 144. 

Affidavit of 54. Sec. I. Be it enacted. That from and after the passage of 

non-rGsidcnt . x c 

creditor. tliis Act, all affidavits upon which attachments or garnishments may 

fBy provincial Act of 1761, ( Watkins, 67,) it was provided that the plaintiff •' shall 
file" his declaration at the return term ; that Act repealed in 1803. CI ay ton, 123. 

[1.] Must be filed at first term. 7 Ga. 88, 167. 



ATTACHMENT AND GARNISHMENT— 1839-^41. 87 

Representatives of Garnishee — Making parties — Following property run off. 

issue, now by law, may be made by the non-resident creditor, before 
the Commissioner of the State of Georgia to take acknowledgment 
of deeds, or before any Judge or judicial officers authorized to ad- 
minister oaths, or before any Notary Public, whose attestations 
shall be sufficient to authorize such other proceedings as may be had 
in such cases where the creditor is present, or is acting by his attor- 
ney at law or in fact, and is now allowed by law. 



An Act to amend the several Acts in relation to Attachments and 
Summonses of Garnishtnent, — Assented to Dec. 21, 1839. Pam. 
146. 

BB. Sec. I. Be it enacted^ That in all cases hereafter, when any Administra- 
person, after being summoned as garnishee, shall die, either before or Jlip^ee mad© 
after answer, the executor or executors, administrator or adminstra- '^ p^^^'^ 
tors of each [such] person shall be made party by scire facias in the 
usual way,* and shall be bound to answer as such deceased person 
would have been bound to do, provided that such executor or exe- 
cutors, administrator or administrators, shall not be proceeded against ^^^^^ twelve 
until twelve months after his or her qualification as such, and shall months, 
be allowed to plead any matter in such proceedings necessary for the 
protection of himself or the estate he or she may represent, and 
after he or she shall be made party, the cause shall proceed as it 
would have proceeded if the garnishee had not died. 

56. Sec. 11. In case of the death or removal from office of any j^ like man 
such executor or executrix, administrator or administratrix, pendin2r "er adm'r de 

\ 'TO bonis non. 

such proceedings, any administrator or administratrix, de bonis non, 
may in like manner be made party. 



An Act to amend the attachment laws now in force in this State, so 
far as to authorize the Sheriffs and Constables of this State to 
follow property with attachment, that may be run any lohere in 
the State, and if found, to levy on said property and bring ^ back 
to the County from whence said attachment issued for trial; and 
also to amend the garnishmerit laws so far as to alloio garnishees 
to issue after jiidginent and execution issued in any County 
where said execution may be. — Assented to Dec. 9, 1841. Pam. 
143. 

B7. Sec. I. Beit enacted, That from and after the passage of^^^^jfj^ 
this Act, that it shall and may be lawful for any Sheriff or Consta- m^y fonow 
ble of this State, to follow with attachment any property that may Jlff^and'i^ 
be run any where in the State, and if found, to levy on the same, an^wng 
and bring back to the County from whence said attachment issued, *'=''^''- 
for trial.f 

♦See sec. 8, this title. 
tSee ante. sec. 48. 



88 ATTACHMENT AND GARNISHMENT— 1841-'50. 

Garnishments — Indorsers — Wages of Mechanics, &c. 

Senf may ^^' ^^^- H- I^ ^1^ cases where executions have been issued 
issue in any from a judgment, and removed to any County in this State, that it 
which exe- shall and may be lawful for the plaintiff, his agent, or attorney to 
removed, take out garnishees before any Judge, Justice of the Inferior Court, 

or Justice of the Peace, under the same rules and regulations as is 

now provided for by law.* 

An Act to amend an Act entitled an Act, in addition to, and amend- 
atory of, the several Acts to regulate Attaclunents ifi this State, 
and to authorize remedies in certain cases, passed December 8, 
1820.— Assented to Dec. 28, 1842. Pam. 24. 

Indorsers 59, ^g {( enacted, That, from and after the passage of this Act, that 

Hiay issue . . ' ^ . . ^ 

attachments said rccitcd Act be so amended, as to give indorsers of notes, obli- 

as sureties. . in-»- ... , ., 

gations, and all other mstruments m writmg, the same rights as se- 
curities now have by the provisions thereof.f 

An Act to exempt Jour7ieyw.en Mechanics and Laborers of this 
State from the garnishment of their wages. — Approved Dec. 27, 
1845. Pam. 38. 

Wages of 60. Be it enacted. That from and after the passage of this Act, all 
S^ndday'^il- joumcymen mechanics and day laborers shall be exempt from the 
emptVora pfoccss and liabilities of garnishment on their daily, weekly, or 
menu^" monthly wages, whether in the hands of employers or others. 

An Act to amend an Act entitled an Act to make Baiik and other 
corporations subject to garnishment, and to regulate proceedings 
against garnishees in certain cases, assented to Decefnber 24, 
1833, J and the several Acts amendatory thereof, so far as relates 
to the proviso in the third section of said Act. — Approved Feb. 
21, 1850. Pam. 186. 



■) 



Bank offi- 61. Sec. I. Be it enacted. That the proviso in the third section 
subject'^ *' of said Act, exempting banks and other corporations from liability 
garnishm't. ^^ ^^ gamishecd for the salaries of the officers of said banks and cor- 
porations, be and the same is hereby repealed. 

62. Sec. II. All banks, banking corporations, and other corpo- 
forsaiaty*^^ ratious, iu this State, except municipal corporations, shall be liable 
over $500. ^^ ^^ gamishecd for the salaries of its officers in all cases where such 
salary exceeds the sum of five hundred dollars per annum. 

Sec. 3. All laws and parts of laws militating against this Act, be 
and the same are hereby repealed. 

[Statutes relative to this title omitted as obsolete, repealed, or su- 
perseded. Provincial Act of 1757, Watk. 49; of 1761, Watk. 67 ; 
of 1782, lb. 256 ; Act of 1789, lb. 397 ; of 1792, lb. 489 ; of 1797, 
lb. 624 ; of 1803, vol. II. 223.] 

*See Acts 1822 and 1823, sec. 22 to 31. 
tSee Act of 1820, sec. 16 and note thereto. 
^Mistake as to date ; it is 1832. See sec. 40. 



ATTORNEYS— 1806-'23 



89 



Who may be admitted — Attorneys of other States. 



ATTOIINEYS.*-100G, 1829. 



Sec. 1. How admitted. 

'* 2. No period of study required. 

*' 3. Persons from South Carolina. 

** 4. Judges not to practise in United 

States Courts. 
" 5. Attorneys from adjoining States. 
" 6. Clerk's fee. 



Sec. 7. Professional contracts. 
*' 8. Transferring notes. 
" 9. Attorneys from Alabama. 
" 10. Judges elect. . 
*' 11. No specified age required. 
'* 12. Liability on contracts. 



An Act for the better regulating the admission of Attorneys to plead 
and practise in the several Courts of Law and Equity^ within this 
State.— Passed Dec. 8, 1806. Yol. II. 331. 

1. Sec. I. From and after the passing of this Act, all, and every howTdmv 
person or persons whatsoever, who are citizens of this State, may, *^^- 

on application to the Judge of the Superior Court, be admitted to 
practise as an attorney : Provided, such person shall produce satis- 
factory evidence of his moral rectitude, and shall undergo an ex- 
amination in open Court, upon a day assigned for that purpose, by 
the Judge ; any law, usage, or custom, to the contrary notwithstand- 
ing.! 

2. Sec II. The rule of Court relative to the admission of at- No stated 
torneys, which requires the applicant to study any particular length period of 
of time in the office of any Judge or practitioner of law, be, and the sary.^ °^*^' 
same is, hereby declared to be abrogated and void. 



An Act to authorize certain persons therein described to plead and 
practise m the Courts of Law and Equity in this State, on the 
terms therein mentioned. — Passed Dec. 20, 1823. Vol. IV. 316. 



3. S 



EC. 



III. When any application for admission to plead and g^^^^^^J^JJ* 
practise in the Courts of Law and Equity in this State, shall be made jina author- 
by any person who shall produce to the Court in which such appli- {fi law^I^* 
cation shall be made the certificate of a Judge of the Court of Com- on^c^nSn^ 
mon Pleas, or Judge of the Court of Equity of the State of South ^^"^^ 
Carolina, duly attested under the seal of either of the said Courts, 
stating in substance that such person has practised for three years 
immediately preceding in the County Courts of the said State as an 
attorney and solicitor, and has maintained a good moral and profes- 



lltlOIUI. 



*In reference to their liability for costs, see Acts of 1799, 1812 and 1839, title " Ju- 
diciary," sees. 161, 163, .107. If guilty of barratry, struck from the roll, see "Penal 
Laws," sec. 190. In reference to their liability for money collected, see Acts of 1812, 
1822, and 1841, title « Judiciary," sees. 378, 380, 384. For Acts in reference to their 
costs, see title "Fees," sec. 51. For duties and liabilities of Attorney General and 
Solicitors General, see titles " Judiciary," sec. 366, *' State Officers," sees. 13, 18, and 
26. For Act regulating their testimony in certain cases, see " Evidence," sec. 45. For 
Act in relation to foreign powers of Attorney, see "Conveyances," sec. 16. In relation 
to confidential communications, see " Evidence," sec. 45. 

fSee Act of 1847, dispensing with qualification as to age, sees. 11 and 12 of this title. 
Clerks not allowed to practise in their own Courts, see " Judiciary," sec. 365. 



90 



ATTORNEYS— 1824-'29. 



AttorneTS of oth^r States. 



sional reputation, he shall be forthwith admitted to plead and practise 
as an attorney and solicitor in the Courts of Law and Equity in the 
State of Georgia, without a compliance of any form or requisite, ex- 
Proviso. ^^P^ only the payment of the usual fees and taking the usual oath ; 
Provided^ always, that this Act shall not go into operation until an 
Act similar in its provisions shall have been passed by the Legislature 
of the State of South Carolina.* 



An Act to prohibit the Judges of the Superior Courts of this State 
from practising as Attorneys, Proctors, or Solicitors, in the Dis- 
trict or Circuit Courts of the United States for the District of 
-Approved Dec. 20, 1824. Vol. lY. 214. 



Georgia.- 



Nottoprac- 4 ^Y.c. I. From and after the 25th of November next, the 
neysin the Judgcs of the Supcrior Courts of this State be, and they are hereby 
circuu ^ prohibited from practising as attorneys, proctors, or solicitors in the 
u! s"a?ei^^ District or Circuit Courts of the United States for the district of Geor- 



An Act to jorovide for the admission of Attorneys and Solicitors from 
adjoitting States and Territories, to plead and practise laio in this 
State.— P<xs^e& Dec. 19, 1829. Yol. lY. 228. 



Attorneys 
jind Solici- 
tors frtmi 
adjoining 
Ftates and 
Territories — 
how admit- 
ted to plead 
and practise 
law, &c. in 
tjxii State. 



5. Sec. 



Clerk's fee 
for issuing 
license. 



Repealing 
clause. 



L From and after the passage of this Act, it shall and 
may be lawful for any Judge of the Superior Courts in this State, in 
term time of any of said Superior Courts, upon applicatiou being 
made and filed in writing, to cause a license to be issued by the 
Clerk of said Court to any attorney or solicitor from any of the ad- 
joining States or Territories, to plead and practise in any of the Courts 
of Law and Equity in this State, as fully as if such applicant were a 
citizen of Georgia ; Provided, said applicant shall, before the grant- 
ing of such license, produce to the Judge aforesaid a certificate from 
some one of the Judges of the Superior, Circuit or District Courts of 
the State or Territory of which he is a citizen, under the seal of said 
Court, stating that he is of good moral character, and that he has 
been regularly admitted to plead and practise law in such State or 
Territory, and is at the date of such certificate a practising attorney 
of such State or Territory. t 

6. Sec. II. The Clerk of the Superior Court who issues such 
license shall be entitled to and receive the same fee therefor, to be 
paid by said applicant, as is usually paid by persons admitted who 
are citizens of this State. 

Sec III. All laAvs or parts of laws militating against this Act, 
are hereby repealed. 



* See sec. 5 virtually repealing tMs proviso. 
ifSee sec. 9, as to attorneys from Alabama. 



t See also sec. 10. 



ATTORNEYS— 1831-'43. 91 

Professional Contracts — Attorneys from Alabama — Judges elect not to practise. 



An Act to make null and void all contracts made and entered into^ in 
writing or othn^ivise, hetiocen party or parties plaintiff or defen- 
dant^ and attorney or attorneys at la%i\ where the attorneys shall 
fail or neglect to attend to the suit or suits, which he or they con- 
tracted to do, in person, or by some competent attorney, until the 
rendition of a judgment. — Passed Dec. 26, 1831. Pam. 139. 

7. Sec. I. From and after the passage of this Act, all contracts ^oIlSctT^' 
made and entered into between party or parties plaintiff or defendant, void, if the 

. . sprvicG IS not 

and attorney or attorneys at law, in writing or otherwise, shall be performed. 
held and deemed null and void, whenever the said attorney or attor- 
neys, shall fail to attend in person, or by some competent attorney, 
to the suit or suits which he or they contracted to do until the rendi- 
tion of a judgment. 

8. Sec. II. If any attorney or attorneys at law, as aforesaid, shall Transferring 
transfer any note or notes, obligation or obligations, in writing, penalty of *^' 
taken or received for his or their services as attorney or attorneys as amount!''^ 
aforesaid, and shall fail to attend to the suit or suits, in person or by 

some other competent attorney, until the rendition of a judgment, he 
or they shall forfeit and pay to the person or persons, whom the same 
was taken from, double the amount so transferred, recoverable in any 
Court having jurisdiction of the same. 



An Act to permit Attorneys of the State of Alabama to plead and 
practise in the several Courts of Law and Equity in this State. — 
Passed Dec. 23, 1835. Pam. 29. 

9. Sec I. From and after the passage of this Act, it shall and ^.ny Attor- 
may be lawful for any Judge of the Superior Courts of this State, bama, of 
upon application made by any licensed attorney of the State of Ala- fnj, m?" 
bama, either in term time or in vacation, to cause a license to be is- Ke co^rt?of 
sued by any of the Clerks of the Superior Courts, authorizing said Georgia. 
attorney to plead and practise in the several Courts of Law and Equity 

in this State ; Pr^ovided, the attorney making such application shall 
produce before said Judge of the Superior Court, to whom he applies 
for admission as aforesaid, his license to plead and practise in the 
Courts of Alabama, and a certificate of his good moral character, 
signed by some Judge of the Courts of said State, and pays to the 
Clerk issuing the license the sum of five dollars for the same. 
Sec. II. [Repeals all conflicting laws.] 

An Act to prohibit certain persons froTn pleading and practising laiv 
in certain cases. — Assented to Dec. 22, 1843. Pam. 119. 

10. Sec. I. Be it enacted, That no person who has been, or S,^.f q^'^f. 
may hereafter be elected to the office of the Judge of the Superior fixation,- 
Court 01 this J5tate, shall plead or practise in any of the Courts of tise. 
Law or Equity of this State, within the Judicial district for which 



92 



ATTORNEYS— 1847. 



Minors admitted- 



he may be, or may have been elected, between the time of his elec- 
tion and qualification as Judge of the Superior Court, and any person 
violating the provisions of this Act, shall be guilty of a misdemeanor 
and punished accordingly, at the discretion of the Court ; Provided^ 
always^ that this Act shall not prevent any such person from appear- 
ing [and*] prosecuting or defending any cause in which he may 
have been actually employed at the time of his election. 

An Act to regulate the adinission of Attorneys to plead and pj^actise 
law in the several Courts of Law and Equity within this State. 
Approved Dec. 22, 1847. Pam. 13. 



with. 



Quaiifica- ^1. Sec, I. Be it enacted, That from and after the passage of 

tion asto age - ' i o 

dispensed this Act, any person or persons, who are citizens of this State, may, 
on application to a Judge of the Superior Court, be admitted to prac- 
tise as an attorney in the Courts of Law and Equity of this State, 
without any qualification as to age : Provided^ such person or persons 
shall produce satisfactory evidence of moral rectitude, and shall un- 
dergo an approved examination in open Court. 

2. Sec. II. Any person or persons, under the age of twenty- 
one years, who may be admitted by virtue of this Act, shall be liable, 
in all cases, as if he or they were of full age. 

[Acts relative to this title, omitted as obsolete, repealed or super- 
seded. Acts of 1782, Watkins, 287; of 1785, Watkins, 329. Acts 
of 1789, lb. 406 ; of 1795, vol. 1. 41.] 



Liability 
for contracts. 



AUCTI0NS.-1784. 



Sec. 1. Vendue Masters. 

" 2. Sales by Executors, Sheriffs, &c. 

" 3. Sales by Vendue Master. Fees. 

*' 4. Suits against. 

*• 5. Bond and oath. 



Sec. 6. Sales Book and returns. 

" 7. Proceedings vs. Defaulter. 

" 8. Duplicate PcCturn. 

" 9. Fraudulent Returns. 



An Act for the better regulating of Vendues toithin this State. — - 
Passed Dec. 8, 1794. Vol. 1. p. 570. 

Sec. I. [Relates to the appointment of Vendue Masters in Sa- 
vannah, Augusta, Sunbury and St. Marys. — Superseded, except as to 
Sunbury, by Act of 1819, sec. 1 and 2.] 

1. Sec. II. The said vendue masterst and no others, shall from 

*Prmted "in a." 

fFor mode of appointment, see Act of 1816, title " Comity Officers" sec. 26. Vendue 
Masters in Darien, Acts of 1849, '50, p. 391. 



AUCTIONS— 1794-1811. 93 

Authority of Vendue Masters — Saving for Ex'rs, Sli'fFs, &c. — Bond and Security — Oath. 

and after the passing of this Act, have full power and authority to JuZf^f 4"n. 
set up and expose to sale by public outcry and vendue, all and any due masters, 
houses, lands, ships and vessels, goods and wares, and merchandise 
and property whatsoever, rendering and paying to the State Treasurer 
for the use of the State, one per centum of the gross amount of the 
sale so by him or them made as aforesaid. [The remainder of this 
section repealed by subsequent laws. Acts 1811, 1819.] 
Sec. III. [Repealed by subsequent Acts.] 

2. Sec. IY. Provided always^ That nothing herein contained nouo ex- 
shall extend or be construed to extend to hinder any lawful executor by ex'rs, 
or executors, administrator or administrators, to expose to sale, by^^ ^' 
way of public auction, vendue or otherwise, any lands, tenements, 
goods or chattels, or other property of their respective testators or 
intestates ; or to hinder any Sheriff, Constable, or other officer, to 

sell, and dispose of, by way of vendue, any lands, houses, ships, ves- 
sels or other property whatever, taken in execution and liable to be 
sold by order of law, but that all and every such person or persons 
may do therein as they might have done, any prohibition in this or 
any former law contained, to the contrary notwithstanding. 

3. Sec. V. No vendue shall be held by any vendue master in They ehaii 
the district of any other vendue master, and that their fees or recom- "f {iSr dis- 
pense for selling at public vendue, collecting the money, and paymg ^"^*^' 
over the same without loss or waste shall be as follows : for houses, Their com- 
lands, negroes, ships, sloops, schooners and other vessels, two and a p^"^*^**""- 
half per centum, and for all other goods and property whatsoever five 

per centum. 

4. Sec VI. ii any vendue master shall neglect or refuse to pay Moneys- 
over the moneys arising from the sales of any houses, lands, goods, reTovrre^d ot 
wares, merchandise or other property sold as aforesaid, either at pri- ^^^°^* 
vate sale, or public auction, to the owner of the same, or his or her 

legal representatives, within a reasonable time after demand made, 
and after the sale of the property aforesaid, all such debts due by 
such vendue master shall le considered as coming under, and may 
be sued for and recovered from them or their securities, as in cases 
of Courts merchants. 



An Act to alter the mode 6fc, and to 'prescribe the method of taking 
Bonds of and qualifyi7ig the Vendue Masters throughout this 
State.— A^seniQ& to Dec. 16, 1811. Vol. III. 1067. 



5. Sec II.' The vendue masters throughout this State shall give shaii be 
bond and good security to the Governor for the time being, and to gh-eTecuit 
his successors in office, conditioned for the true and faithful per- ^^' 
formances of the duties required of them by law, and shall take and 
subscribe an oath truly and faithfully to perform and discharge all 
such duties ; which bond shall be taken and approved of, and oath 
administered by the Justices of the Inferior Court, or any two of 
them, of the County in which such vendue masters may be, under a 



94 AUCTIONS— 1819. 



Returns — Tax — Penalty — Execution. 



dediinus potestatein Irom the Executive department.* [Sec. I. anc 
III. local.] 



An Act to amend the sevet^al laws 7i(>w in force relative to Vendues.. 
Assented to Dec. 21, 1819. Vol. III. 1073. 

Sec. I. II. III. [Local.] 
masttrs^shaii ^- ^^^- I^' Evciy venduc master in this State shall keep a book, 
oftdes^r'd^^ which shall be entered every article by him sold at public auction, 
make q'uar- aud thc prlcc at wliich the same was sold, and shall quarter-yearly 
teryretuins ^^^ ^^^^ ^^^^ days of the mouths of March, June, September, and De- 
cember, in every year, cast up the amount of his sales, and prepare 
a return thereof, to be made to the Treasurer of this State, which re- 
turn shall be sworn to by him before some Judge, Justice of the In- 
ferior Court, or Justice of the Peace of this State, as containing the 
true and accurate amount of his sales at auction, of every description 
If he makes -^];^g^|;(3Ygj. duriusf tlic quarter or time therein expressed. And if any 

none, or an ' T n j- -i i i • i 

untrue re- veuduc mastcr siiail lail or neglect to make a return, sworn to m the 
to pay the" mamicr above pointed out, to the Treasurer, within thirty days after 
per ce"nt^"^ tlic cxpiratiou of either of the said quarters, or having mad- the same, 
shall within that time fail to pay to the Treasurer the tax or duty of 
one per centum on the amount of such return, it shall be the duty of 
the Treasurer, as soon as he thereafter can cause to be published in 
he shall be ouc of tlic gazcttes of tlic towu or city in which such delinquent 
ffgazeue'" ^^y be a vendue master ; and in case of no gazette being published 
therein, in the gazette of the nearest town or city thereto, a notice 
of such failure to make a return or to pay said duty ; and if such de- 
hib1ted^S)m^-'^''^^^'l^^^^^ vcudue uiastcr shall, after the publication of such notice 
selling, on ^qH^ or attempt to sell any goods, wares, and merchandise, or proper- 
' ty of any kind whatever, at public auction, or as a vendue master, 
he shall incur a penalty equal to that mentioned in the preceding 
section, to be recovered of him in the manner and for the purposes 
therein expressed. 
In such ca- 7. Sec. Y. It shall be the duty of the Treasurer, and it is hereby 
tioA to issue made lawful for him when returns are made, as in the preceding sec- 
for the duty. ^ .^^^ directed, and the tax or duty thereon not paid within the time 
required, to issue his execution against the vendue master so in de- 
fault and his securities, for the amount of the tax or duty accruing 
to the State on his return ; and the Sheriff in whose hands such ex- 
ecution may be placed, shall be bound to collect and pay over the 
same within the time therein required, and in case of. failure so to do, 
to be proceeded against in the manner pointed out by law for failing 
to collect and pay over the amount of any executions against a tax 
Bond to be collector ; and in case no return shall have been made, the Treasur- 
putmsuit. ^^^ gj^j^ii immediately transmit the bond of any vendue master so de- 
linquent to the Attorney or one of the Solicitors General to be put in 
suit. 

8. Sec. VI. Every vendue master shall, at the time of transmit- 

*See Act o£ 1816, title "County Officers," sec.-26. 



AUCTIONS— 1819. 95 



fraudulent lietunis. 



ting a return of the amount of his sales, for any quarter, to the Treas- ,^^^"fgj.'' 
urer. deliver to the clerk of the corporation of the place for which he «i'«'i deliver 
is a vendue master, a duplicate thereof, which the said clerk is here- t«t the cori>a- 
by required to file in his office ; and if any quarter shall expire, du- |)UcateVf"is 
ring Avhich a vendue master may have made no sales at auction, it [f h^e^'as"^ 
shall be the duty of each vendue master to state the same on oath"'^'-^®"^ ,. 

•' f-';i!e.< within 

to the Treasurer, and on failing so to do, shall be prohibited from tt'e quarter, 
further acting as such in the manner prescribed by the fourth section stat^'e that 
of this Act, for failing to make his return or pay the duty on his sales, ^^''^^^ "^^^^ 
and shall incur the same penalties as that therein pointed out for dis- 
regarding such prohibition, to be recovered and applied as therein 
directed. 

9. Sec. VII. If any vendue master shall make a fraudulent re- jnf"j'J,"® 
turn to the Treasurer of the amount of his sales for any quarter, or m'-ki/is; 

•' ■•■ ' fraudulent 

shall return a less amount than that actually sold by him, he shall, or untrue re- 
upon due conviction thereof, before any Court of competent juris- oTperjury.^^ 
diction,,be deemed and held guilty of perjury ; and his securities 
shall moreover be liable for any loss which may accrue to the State 
or any individual by reason of such fraudulent or improper return. 

Sec. VIII. [Repeals all laws contrary to this.] 

Sec. IX. [Temporary.] 



[Statutes relative to this title omitted as obsolete, repealed or super- 
seded. Act of 1786, Watkins, 346, 1797, vol. I. 573.] 



96 



BANKS AND BANKING. 



General Laws. 



BANKS AND BANKING.* ^ 

ART. I. GENERAL LAWS. 
«« II. CENTRAL BANK. 
" in. PRIVATE CORPORATIONS. 



ART. I. GENERAL LAWS. 



Sec. 1. 

•♦ 2. 

♦« 3. 

" 4. 

•♦ 5. 

•' 6. 

•• 7, 



•» 9. 

" 10. 

" 11. 

" 12. 

" 13. 

♦* 14. 

" 15. 

" 16. 

" 17. 

" 18. 

" 19. 

" 20. 

«« 21, 

" 22. 

♦* 23. 

♦« 24. 

'• 25. 

«• 26. 

" 27. 

" 28. 

« 29. 

•« 30. 

" 31. 

" 32. 

«« 33. 

" 34. 

" 35. 

" 36. 

" 37. 

" 38. 

•• 39. 

" 40. 

«♦ 41. 

« 42. 

" 43. 

" 44. 

" 45. 

" 46. 

" 47. 

" 48. 



Private Banking prohibited. 

Penalty for failur-e to redeem. 

Change Bills— $100 penalty. 

Tax on Change Bills. 

Cumulative penalty. 

Duty of Grand Jury. 

Small bills prohibited. 

Penalty. 

New issue new offence. 

Damages for failure to redeem. 

Semi-annual retu.rns. 

Of condition. 

Failing ; bills not receivable. 

And advertised. 

Transferred notes, how paid. 

Denominations of Bajtk. Bills. 

Post notes — prohibited. 

Payable only in specie. 

Prosecution. 

Bills of Exchange not included. 

Free Banldng. 

Exchange with Comptroller. 

Bills to circulate. 

How collected. 

Dividends on Stock — Stamp. 

Bonds and Mortgages — Stamp. 

Double the value. 

Exchange of Bonds, &c. 

Interest. 

Sale by Comptroller. 

Negroes, &c. — Stamp. 

Loans to Stockholders, &c. 

Redemption of Bills. 

Plate, dies, &c. 

Violations — Misdemeanor. 

Sale of property — Felony. 

Certificaices — Contents. 

Evidence. 

Privileges. 

Shares and Shareholders. 

Increase of Capital. 

Contracts — suits by. 

Suits against. 

Liability of Shareholders. 

May hold real estate. 

Visitation and publication. 

Record of Mortgages. 

Semi-annual returns. 



Sec 


. 49. 


(( 


50. 


(( 


51. 


(( 


52. 


(. 


53. 


(( 


54. 


(( 


55. 


(( 


56. 


(( 


57. 


(< 


58. 


u 


59. 


i( 


60. 


(( 


61. 


(( 


62. 


(( 


63. 


<( 


64. 


<< 


65. 


(< 


66. 


t< 


67. 


(( 


68. 


(( 


69. 


it 


70. 


K 


71. 


(( 


72. 


(( 


73. 


«. 


74. 


(( 


75. 


(( 


76. 


<( 


77. 


(( 


78. 


(( 


79. 


(( 


80. 


(< 


81. 


.( 


82, 


(( 


83. 


(( 


84. 


(( 


85. 


(< 


86. 


(. 


87. 


(( 


88. 


(( 


89. 


(< 


90. 


(. 


91. 


<( 


92. 


(C 


93. 


(< 


94. 


<( 


95. 



Dissolution. 
AVithdrawal of Capital. 
Damages for failure. 
Settlement with Banks. 
List of Shareholders. 
Bills, where payable. 
Specie on hand. 
Commissioners. 
Limitation of Association. 
Restriction on Commissioners. 
Fraudulent Transfers. 
Bills of Branches. 
Stockholders transferring. 
Duty of Compt. and Com. 
Overcharges. 
Returns of Branches. 
Directors' indebtedness. 
Removed Director. 
Stockholders' indebtedness. 
Gov. Proclamation. 
State's Counsel. 
Bills of failing Banks. 
Act of 1826 repealed. 
Proviso of 1832 repealed. 
Proviso of 1840 repealed. 
Foreclosure of Mortgages. 
Selection of. 
Arrest of Proceedings. 
Forfeiture of Charter. 
Receiver. 

Distribution of Assets. 
Defaulting Receiver. 
Suits vs. Stockholders. 
Balance of Assets. 
Central Bank excepted. 
Suits by Receivers. 
Payments pro rata. 
Small bills. 

Pubhcation of returns. 
Effect of failure. 
Assignments confirmed. 
Power of Assignees. 
Made parties. 
Duties. 

Semi-annual returns. 
Character of debts. 
Publication. 



*For Acts in relation to coin and currency, see that title. For sale of stock under 
execution, and as to transfers after judgment, see " Judiciary," sec. 178, 183. As to 
assignments by insolvent banks, see "Penal Code," 6 div. 

[1.] For decisions relative to liability of stockholders to redeem circulation, see 8 Ga. 
Rep. 468. Relative to liability for unpaid subscriptions of stock, 8 Ga. Hep, 486. 



BANKS AND BANKING.— General Laws— 1818. 97 

< KJ ■ i ) 

Private Banking prohibited — Penalty — Forfeiture. 

All Act more effectually to prevent the evils of Private Bankings 
and to stop the issuing and circulation of the Bills and Notes of 
Unchartered Banks, Private Bankers, and the Bills and Notes 
usually called Change Bills. — Approved Dec. 19, 1818. Vol. 
III. 107. 

1. Sec. I. It shall not be lawful for any person, association of ^o banking 

business 

persons,* or body corporate, from and after the first day of January, siuiiibedone 
1820, to keep any banking-house, room, shop, or office, office of dis- ctlr\wrated^' 
count and deposit, or of discount Only, or of deposit only, or any ^^"^^' 
room, house, shop, or office, for the purpose of carrying on any kind 
of banking or operations which incorporated banks are authorized 
by law to carry on ; or to issue, emit, circulate, lend, pass, pay, or 
tender in payment, as private bankers, any bills or promissory notes 
of private bankers, incorporated or unincorporated banks or banking 
companies, copartnership, or association, by whatsoever name it may 
be called, unless thereunto specially authorized by law : and in case 
any person or persons, copartnership, association, or body cor|)orate, 
shall contravene the foregoing provisions, every such person or per- 
sons, and every member of such copartnership, association, or body 
corporate, who shall either directly or indirectl}^ assent thereto, shall 
forfeit the sum of one thousand dollars, to be sued for in the name ™p™=^^lyof 

^'lO'^O (1*1- 

of the State of Georgia, by the Attorney General or Solicitor Genera^l, i^u-g'. iiow 
in the several circuits, aiid recovered by an action of debt, or on the ^^^ 
case, in any Court of competent jurisdiction in this State, with 
costs, and one half of said forfeiture, v/hen recovered, shall be paid 
to the use of the State, and the other half to the use of the in- 
former ; and every day during which, or during any part of which, ^nsiT'^ 
such prohibited banking-house, room, shop, or office, is kept open, ^^o"' ^"^ 
or such prohibited business, or any of it, transacted therein, shall 
constitute a new, separate, and distinct offence, and shall be liable 
to a new, separate and distinct penalty ; and every promissory note Jf^'cmmtcd 
discounted, and every note or bill in the likeness of a bank note or findeach bi'ii 
bill, whether payable to order or bearer, or in whatever shape or be "i^newand 
terms the same may be conceived, which shall be so, as aforesaid, fenief and 
issued, emitted, circulated, lent, passed, paid, or tendered in pay- SjeJv ^e^aity. 
ment, contrary to the spirit, true intent and meaning of this Act, 
shall constitute a new, separate and distinct offence, and shall be 
liable to a new, separate and distinct penalty, f 

2. Sec. II. Froin and after the first day of January, 1820, if any jan!'i82o', " 
incorporated company, not authorized by law to issue bills and notes, SuTw 
unincorporated bank, or any private banker, banking company, co- J''^'Jj;-*^^JJf"^ 
partnership, or association, by whatever name the same may be called, Pl^pe'red 
shall refuse or neglect to pay, on demand, in gold or silver, or in bills feit7othe 
of any chartered bank of Georgia, any bill or bills issued by such in- am! a ludf 

per cent, per 
month. 
*See Act of 1838, under this title, authorizing any persons to exercise banking privi- 
leges, under certain restrictions. 

tAs to change bills, see sees. 3, 4, 5, and 6. See also Act of 184-1, "Penal Laws," 
sec. 362 et seq. 

13 



98 BANKS AND BANKING.— General Laws— 1818-'30. 

Liability of Private Bankers — Change Bills. 

corporated company, unincorporated company, copartnership, or asso- 
ciation, by whatsoever name the same may be called, issued, paid, and 
loaned, after the first day of January, 1820, shall be liable to pay to 
the holder of such bill or bills, note or notes, two and a half per 
cent, per month, upon the amount of bill or bills, note or notes, so 
demanded, to be recovered by action of debt, or on the case, in any 
Court of competent jurisdiction ; and in any such action, so brought 
by the holder of any bill or bills, note or notes, so demanded, and so 
refused to be paid in gold or silver, for two and a half per cent, a 
month on the amount of said bill or bills, note or notes, and for the 
No plea of amouut of Said bill or bills, the defendant or defendants shall not be 
allowed. allowcd to plead or avail him or themselves, in any state of said suit, 
of the non-joinder of other partners, joint promissors or contractors, 
but the suit or action shall proceed against the person or persons 
Individual sucd, as if he or they alone had promised or contracted ; and the 
biT to rife ex- private and individual property of the defendant or defendants shall 
ecution. i^g subject to the execution issuing upon such suit or action. 

Sec. III. [Declares it unlawful for those who had commenced 
private banking so late as Nov. 1, 1818, to continue it after the en^ 
suing 1st of March. Temporary.] 
$100 penalty 3, Sec. IY. If any person or persons, copartnership, association 
change bills of pcrsous, or body corporate, not specially authorized by law, shall, 
doiiS.'^"^ after the first day of October next, issue, emit, or lend any bill or 
note, under the specified value of one dollar, such person or persons, 
copartnership, association of persons, or body, shall forfeit the sum 
of one hundred dollars for each bill or note so issued, emitted, or 
lent, to be sued for, recovered, and vested, as the forfeiture men- 
tioned in the first section of this Act.* 

An Act to prevent the further isssuing of change bills, to compel 

the issuers of such bills to redeem them,, and to relieve persons 

who have issued them, from the penalties incurred under the 

former Statutes of this State. — Approved Nov. 25, 1830. Pam. 42. 

chlmgebiHs, 4. Sec. I. All pcrsous who shall hereafter issue or put in circu- 
fe^ti^bms ^^ lation any change bill or bills without legislative authority, shall be 
shall pay subjcct to all thc paius and penalties of the third section of an Act 
passed on the 21st day of December, 1829, entitled an Act to im- 
pose, levy and collect a tax for the political year 1830, on property, 
real and personal, and to inflict penalties for neglecting to comply 
with the provisions thereof. 
50 per cent. TThe foUowinsT is the section referred to, vol. IV. 425. On all 

on the circu- L o i r- • • i • 

lation. persons who have, or may hereafter issue or have m circulation any 
change bill or bills of any kind, issued or put in circulation without 
a charter, there shall be levied a tax of fifty per cent, on the amount 
issued and in circulation on the first of August in each year.Jf 

*S2e next Act. See also Act of 1841, declaring the issuing of change bills a misde- 
meanor, and subjecting the oifender to fine and imprisonment, title *' Penal Laws," 
sec. 362. 

tPor the several Acts laying a tax on "private bankers, brokers, &c.," and especially 
as to change biUs, see title " Tax," sees. 89, 90, 92, and notes. See also general tax on 
banks, " Tax," sees. 76, 99, 111, 117, 121. 



BANKS AND BANKING.— General Laws— 1830-'32. 99 

Penalty — Bills under $5 — Penalty. 

Sec. II. [Remits all penalties thus far incurred, excepting those 
who may have failed to comply with the second section of the said 
Tax Act of 1829, vol. IT. 425.] 

5. Sec. III. In addition to the penalties imposed by the first sec- 1^^ ^.^^^^ 
tion of this Act, every person who shall issue change bills or bills of ppn^iity from 
any denomination, without legislative grant, shall for each offence 

be fined in a sum not less than fifty nor more than five hundred 
dollars, one half of said penalty to go to the prosecutor. 

6. Sec. IY. It shall be the duty of the Grand Jurors of the sev- ^j?jJ^^j"J,jyigg 
eral Counties of this State, at each term of the Superior Court, tofo'pq'"''e 

1 TT • • 1 n • 1 • z' 1 1 • 1 • and present. 

make diligent mquuy and present all violations oi the third section 
of this Act. 

Sec Y. [Repeals all repugnant laws.] 



A71 Act to prevejit the circulation of Bank Bills, under the denomi- 
nation of five dollars, within this State* — Passed Dec. 24, 1832. 
Pam. 26. 

Whereas, the circulation of bank bills of a small denomination, 
has been productive of fraud and loss to the public, and has a ten- 
dency to prevent or retard the general and speedy restoration of a 
specie currency ; 

7. Sec I. Be it therefore enacted, That from and after the first Jl^J'jg^^f*^ i<,sj, 
day of September next, it shall not be lawful for any bank, or body than $5 to be 
corporate, invested with banking privileges, or person or persons 
whomsoever, within the limits of this State, to issue, emit, pay 

away, pass or circulate, any bank bill, note, ticket, or paper, purport- 
ing to be a bank note, or of the nature, character, or appearance of 
a bank note, or calculated for circulation as a bank note, either of 
the banks of this State or of any other State, of a less denomina- 
tion than five dollars. Provided, that nothing herein contained shall P^^^^viso. 
be so construed, as to make it unlawful for any corporation or person 
or persons whomsoever, to present for payment or in any other mode, 
transmit for redemption to any bank either of this or any other State, 
any bill or bills of such bank, of the denomination aforesaid, remain- 
ing in circulation after the time aforesaid, with the view and in the 
mode to stop the future circulation thereof. 

8. Sec II. Any bank or corporate body, or person or persons |JJq^'-^ 
whomsoever, offending against the provisions of the first section of 
this Act, shall forfeit the sum of one hundred dollars, to be sued for 

in the name of the State, by any licensed attorney, on the application 
of any informer cognizant of such offence, who shall be a competent 
witness on the trial, and recovered by an action of debt or on the 
case, in any Court of competent jurisdiction in this State, with full 
costs, one half whereof when recovered shall be paid to the use of 
the State, and the other half to the use of the informer. 

*Sce Act of Dec. 22, 183-5, amendatory of tMs Act. See title « Central Banlc," 
sec. 71. By Act of 1842, all "specie-paying, solvent banks" allowed to issue bills un- 
der $0 to an amount not exceeding five per centum of their capital stock. See sec. 86 
of this title. 



100 BANKS AND BANKING.— General Laws— 1832. 

Baiiks failing to pay Specie — Semi-annual returns. 

f^newoT^ 9. Sec. III. Each and every issuing, passing, paying away, or 

fence circulating of each and every such bank bill or note, as is specified 

in the first section of this Act, contrary to the spirit, true intent and 

meaning thereof, shall constitute a new, separate and distinct offence, 

and shall Le liable to a new, separate and distinct penalty. 



All Act to regulate the intercourse hetiveen Banks and private iiicli- 
viduals, so as to subject Batiks to payinent of damages^ if they 
refuse or fail to pay specie tohen demanded, under certain cir- 
cumstances. — Passed Dec. 24. 1832. Pam. 29. 



Banks fail- 
ing to pay 



10. When any bank now incorporated, or which may hereafter 
t^^?' 10^^^^ ^^ incorporated in this State, shall refuse or fail to pay specie for 
percent. any of its bills, notes, drafts or other writing for which they may 
be bound, when demanded, by any individual or individuals, and held" 
as his or their own property, upon suit thereof, such individual or 
individuals, in addition to the lawful interest, shall receive ten per 
centum damage, for such refusal or failure upon the amount so re- 
fused or failed to be redeemed in specie.*^ 

[Proviso repealed by Act of 1841, second section ,• sec. 72 of this 
title.] 

An Act more effectually to secure the solvency oj all the Banking 
Institutions in this State.f — Passed Dec. 24, 1832. Pam. 29. 

Whereas, the enormous amount of banking capital chartered by 
the laws of this State, and her circulating currency being composed 
almost entirely of the bills of her own banks ; and ivhereas, the 
safety and best interest of our citizens require, that the true condi- 
tion and solvency of each bank or incorporated company, exercising 
banking privileges, should be knov\^n to the community, so as to 
guard the great body of the people from receiving a depreciated or 
doubtful paper, and for remedy whereof; 
Banks 10 n, ^e it enacted. That from and after the passa2:e of this 

annual te- Act, it sliali bc the duty of the president and directors of each in- 
SoTkhoiderJ corporated bank or company exercising banking privileges in this 
.and funds, g^atc, to m^ake a semi-aimual return on the first Monday in April 
and October, in each year, of the names of all the stockholders, the 
am.ount of stock owned by each individual, or company, and the 
amount of money actually paid into the funds of each bank, on each 
share respectively, and forward the same to his Excellency the Gov- 
ernor, for the tim_e being, and to be subject to the examination of the 
General Assembly. 

* See post Acts of IStli December, 1840, and 13th December, 1842, proYiding for the 
forfeiture of tlie cbarters of banks refusing to pay -specie, 

tFor provisions against the fraudulent management of banks, see "Penal Laws" sees. 
131 to 136. 

£1.] A demand on an assignee of a bank -whose charter is forfeited, does not entitle the 
party to the ten per cent, 7 Ga, Rejp. 79 



BANKS AND BANKING.— General Laws— 1832. 101 

1. 1 — — i/ i 

Effect of Failure — Notes payable in Bills — lieturiis on Oath. 

12. It shall be the duty of the president and directors afore- ^^"^'1^^°/^'^^^^^^ 
said, and they are hereby required to give a minute statement of manage- 
the standing and management of each incorporated bank or company 
exercising banking privileges in this State, and their branches, on 

the first Monday in April next, and thereafter semi-annually, and 
forward the same to his Excellency the Governor, for the time being, 
showing particularly the amount of bills on other banks in this State, 
the amount of gold^ silver and bullion in their vaults, the amount of 
debts due them at the North, or elsewhere, which may be denomi- 
nated specie funds, the amount of active or running paper, the amount 
in suit, the amount under protest, and not in suit, and clearly stating 
what amount of all the debts due the bank, is considered good, what 
amount doubtful, and what amount is considered bad and lost to the " 
bank, the amount of issues by each bank, the amount of bills in cir- 
culation, and the amount of bills of said bank in circulation under 
the amount of deposits, and the highest amount due and owing by ~ 
each bank, all of said reports to be subject to the examination of 
the Genera] Assembly. "* 

13. Should the president and directors of any one or more Jieir^^bms^' 
of the aforesaid banks, fail to comply with the spirit and true mean- JJj^J i/^'^the^" 
ing of this Act, it shall be the duty of his Excellency the Governor, state. 

for the time being, to notify the Treasurer of this State, and the 
president and directors of the Central Bank, of said delinquent bank 
or banks, whereupon, it shall not be lawful to receive the bills of any 
such delinquent bank or banks, in payment of any debt due the State 
of Georgia, or the Central Bank, until the president and directors of 
such delinquent bank or banks, shall have made such returns as are 
required by this Act.f 

14. It shall be the duty of his Excellency the Governor, for j^"*^ ^"f^ ^ 

.. •' •' 111 banks to be 

the time being, to publish the name or names of any bank or banks, advertised, 
which may fail to comply with all the requisitions of this Act, in 
all the newspapers printed in Milledgeville, as often as he may think 
expedient for the public good. 

15. The notes and bonds hereafter made payable at and discount- JJjJJ^^ \t^- 
ed by any bank, shall when transferred to any other bank continue, jj"'5^^^-y| '' 
payable in the bills of the bank at which they were so made payablg be payable in 
and discounted, in the same manner and on the same principles as if '^^ 

they were still holden by the bank, at which they were made pay- 
able and by which they were discounted. Provided, That nothing Proviso, 
herein contained shall be construed to take away from any bank, 
any rights which are secured to it by the provisions of its charter, be^'on'^oattr 

Ah returns required to be made by this Act, shall be made on 
the oath of the president and cashier of the respective banks, and 
that a copy of such oath shall accompany and be appended to said 
returns, f 

* Amended by Act, Dec. 23, 1839, see sees. 64 et seq. For provisions for publication 
of semi-annual returns, see Acts of 1843 and 1850, sees. 87, 95. 

tSee Act of Dec. 18, 1840, sec. 70, and Act of Dec. 22, 1843, sec. 83. By Act of 1850, 
sec. 93, Governor to require them to make returns at least twice a year, and return to 
be made in two weeks thereafter. 

JSee Act of Dec. 23, 1839, sec. 65, as to oath of director in certain cases. 



102 BANKS AND BANKING.— General Laws— 1835-'37. 

Denomination of Notes — Bills payable at longer than three days. 



An Act to amend an Act entitled An Act to prevent the circulation of 
Bank Bills under the de?ioini7iatio?i of five dollars icithin this 
State, passed the 24,th of December, 1832, a?id to preve?it the cir- 
culatiofi of hank hills of any other denomination than fives, tens, 
twenties, fifties, hundreds and thousands. — Approved Dec. 22, 
1835. Pam. 33. 

Whereas, the above recited Act has manifestly benefited the cir- 
culating mediuni of this State, and ought to be carried out in spirit 
as well as letter — 
tionsSfnotes ^'^' ^^^' ^- ^^ ^^ eiiacted. That from and after the passage of 
that may be this Act, it shall uot bc lawful for any bank or body corporate, or 
person or persons whomsoever, within the limits of this State, to is- 
sue, emit, pay away, pass or circulate any bank bill, note, or ticket, 
or paper purporting to be a bank note, or of the nature, character or 
appearance of a bank note, or calculated for circulation as a bank 
note of either of the banks of this State or of any other State, of a 
denomination other than of the denomination of five dollars, ten dol- 
lars, twenty dollars, fifty dollars, hundreds of dollars or thousands of 
dollars. 
$5iW penal- g^c. XL Any bank or body corporate, or person or persons whom- 
soever otfending against the provisions of this Act, shall forfeit for 
each offence the sum of $500, to be recovered and applied aS provid- 
ed for by the second section of the Act herein before recited, and 
that the third section of said Act shall in like manner apply, to and 
govern in cases provided by this Act. 



An Act to restrain, prevent and make penal the paying aioay or 
tendering i7i payment, issuing, emitting, passing, or circulating 
any hank bills, note, ticket, check, draft, receipt, instrument, under 
seal, or chose in action, intended, designed, or fitted for circulation 
instead or in character of either ; or any " promise to pay,^^ in 
wj^iting, to be used, or inte^ided to he used, as paper 'money, by any 
bank or other corporation in this State, or by the agent or agents, 
ofiicer or ofiicers of any bank or other corporation in this State, or 
elsewhere, which are, may, or shall be redeemable or payable at a, 
longer period of time than three days after the date thereof, or the 
issuing, emitting, passing, or paying away the sam^e, or which 
shall or may be pa.yable in any other manner, or tvith any other 
tiling than with gold or silver coin, at the standard value thereof 
according to the laws of the land, and for other purposes. — Assent- 
ed to Dec. 26, 1837. Pam. 191. 

^"^ ^'"^Jed ^^- ^^^- -^- ^^ ^^ enacted, That from and after the passage of 
or plw 'o^ut, this Act, it shall not be lawful for any bank, president, cashier, teller, 
Sfger fime clcik, or othcr officer of any bank or other corporation in this State, 
than 3 days, ^^ elsQwhere, or any person or persons acting as an officer or officers, 
agent or agents of any bank or other corporation in this State, or 
elsewhere, to pay away, or tender in payment, issue, emit, pass, or 



BANKS AND BANKING.— General Laws— 1837-'38 103 

Penalty — Bills of Exchange not included — Free Banking Law. 

circulate, any bank bill, note, check, draft, receipt, instrument under 
seal, or any chose in action, intended, designed, or fitted for circula- 
tion, instead or in character of either, which may or shall be payable 
at a greater length of time, or a longer date, than three days after the 
date thereof, or after the time of issuing, passing, emitting or paying 
away the same, or either, or any of them, under the penalty, of oij^© aJJ'^'JJJfooo 
thousand dollars for each and every violation of the provisions, or 
the true intent and meaning of this Act.^ 

18. Sec. II. From and after the passao^e of this Act, it shall not Noi)ii!,&c. 

. payable m 

be lawful for any bank or other corporation in this State, or any anything but 
president, cashier, teller, clerk, or any other officer or agent of any^^^""' 
bank, or other corporation in this State or elsewhere, or for any 
person or persons, acting as an officer or offiicers, agent or agents of 
any bank or other corporation in this State, or elsewhere, to pay 
away, or tender in payment, emit, issue, pass, or circulate any bank 
bill, note, ticket, check, draft, receipt, instrument under seal, or chose 
in action, intended, fitted, or designed for circulation, instead or in 
character of either, or any promise to pay, or to do any thing what- 
soever, in writing, to be used, or intended to be used, as paper money, 
which may be payable or redeemable in any other manner, or in any 
other thing than with gold and silver coin, at the standard value 
thereof, according to the laws of the land, under the penalty of one ""lait^ ''^^'^ 
thousand dollars for each and every violation of any of the provisions, 
or true intent and meaning of this Act. 

19. Sec III. All offences arisino; under this Act, or all violations f*''^!'*'5.'^f*^ 
of any of its provisions, may be prosecuted, either by indictment for n>ent or ac- 

., ^ 1-1 1- • tiun qui tarn. 

a misdemeanor, or by an action on the case, or by action qui tarn, 

at the instance of any person who may inform, or choose to prosecute, 

and on conviction or Yecoveiy, one-half of the penalty to be paid over 5oin/y'"p,jr. 

to the Justices of the Inferior Court, for County purposes, in the p«^^;.^ '^^^ 

County where the offence was committed, and the other half to the former. 

informer or prosecutor. 

20. Sec. IV. Nothing in this Act contained, shall apply to bills ^^IJ^J^J^^^^ 
or checks issued for the ordinary purposes of exchange. diecks not 

Sec. V. All laws and parts of laws militating against this Act, 
be, and the same are, hereby repealed. 



An Act to authorize the business of Banking, and to regulate the 
same. — Assented to 26th Dec. 1838. Pam. 33. 

21. Sec I. Be it enactecL That the citizens of this State shall ^''^-^ '^^^'^- 
have the privilege of banking, from and after the passage of this 
Act, upon the terms and conditions contained in the following sec- 
tions of this Act. The Comptroller, together with tv/o Commis- 
sioners to be appointed as hereinafter directed, or a majority of them, 
are hereby authorized and required to cause to be engraved and ^^^ 
printed in the best manner to guard against counterfeiting, such 
quantity of circulating notes, in the similitude of bank notes, in 

(1.) Applies only to Post Notes. 7 Ga Rep. 84. 



104 BANKS AND BANKING.— General Laws— 1838. 

1^ . * ■ 

Free Banking Law. 

blank, of the different denominations authorized by the incorporated 
banks of this State, as they may from time to time deem necessary 
to carry into effect the provisions of this Act, and of such form as 
they may prescribe ; such bank circulating notes shall be counter- 
Registered. gig^gfj^ numbered, and registered in proper books, to be provided and 
kept for that purpose in the office of said Comptroller, under the 
direction of the said Comptroller and said Commissioners, by such 
person or persons as they, or a majority of them, shall appoint for 
that purpose, so that each denomination of such circulating notes 
shall all be of the same similitude, and bear the uniform signiture 
of such register or one of such registers. 
of"Sfr ^^' ^^^- ^^- Whenever any person or association of persons, 
comptroller, formed for the purpose of banking under the provisions of this Act, 
shall legally transfer to the Comptroller and said Commissioners, or 
to their successors in office, any portion of the public debt now cre- 
ated, or hereafter to be created by the United States, or by this 
State, or by such other States of the United States as shall he ap- 
proved by the said Comptroller and Commissioners, or a majority of 
ofMiis ^?be them, such person or association of persons shall be entitled to receive 
delivered up. £j.Qj^ such Comptroller and Commissioners an equal amount of such 
circulating notes, of different denorninations, registered and counter- 
signed as aforesaid, but such public debt shall in all cases be or be 
made to be equal to a stock of this State producing five per cent, 
^^'^per annum ; and it shall not be lawful for said Comptroller and 
Commissioners to take any stock at a rate above or below its par 
value. 
Such bills to 23. Sec. III. Such persons or associations of persons are hereby 
money. authorized, after having executed and signed such circulating notes, 
in the manner required by the provisions of this Act, to make them 
obligatory promissory notes, payable on demand, at the place of 
business, within this State, of such person or association, to loan and 
circulate the same as money, according to the ordinary course of 
banking business, as regulated by the laws and usages of this State. 
On failure of 24. Sec. TV. In casc the maker or makers of any such circula- 
payment ^^^^ notcs, couutcrsigned and registered as aforesaid, shall at any 
time hereafter, on lawful demand, during the usual hours of bank- 
ing, between the hours of nine and two o'clock, at the place where 
such notes is payable, fail or refuse to redeem such notes in gold 
and silver coin, of the standard value of the United States, the 
to be protest- j^q^^^^^j, ^f g^ich uotcs making such demand, may cause the same to 
be protested for non-payment by a Notary Public, under his seal of 
office, in the usual manner ; and the Comptroller and said Commis- 
sioners, on receiving and filing in the office of such Comptroller 
such protest, shall forthwith give notice in writing to the maker or 
makers of such notes to pay the same, and if he or they shall omit 
days'^notke! to do SO for sixty days after such notice, the said Comptroller and 
STdwrtte Commissioners shall immediately thereupon (unless they, or a major- 
that they itv of them, shall be satisfied that there is a srood and legal defence 

will be re- -^ . ' r- i \ • • • i 

deemed out agauist the paym.eiit oi such note or notes) give notice m the papers 

funds! printed in Miliedgeville, that all the circulating notes issued by such 

person or association of persons will be redeemed out of the trust 



BANKS AND BANKING.— General Laws— 1838. 105 

Free Banking Law. 

funds ill their hands for that purpose ; and it shall be lawful for said 
Comptroller and Commissioners to apply the said trust funds belong- 
ing to the maker or makers of such protested notes, to the payment 
and redemption thereof, with cost of protest, and to adopt such 
measures for the payment of all circulating notes, put in circulation 
b)^ the maker or makers of such protested notes, pursuant to the 
provisions of this Act, as will in their opinion most effectually pre- 
vent loss to the holders thereof.* 

25. Sec. Y. The said Comptroller and Commissioners may sive Dividends 

^^ r • 1 • r.n stock may 

to any person or association oi persons, so transierrmg stock m pur- be received 
suance of the provisions of this Act, powers of attorney to receive ^*^^"^''' 
interest or dividends thereon, which such person or association may 
receive and apply to their own use ; but such powers may be revoked "re ufre-^^'^" 
upon such person or association of persons failing to redeem the cir- d^^"^' 1^°^ . 

tr r I o when msuf- 

culating notes so issued as aforesaid, or whenever, m the opinion efficient, 
the said Comptroller and Commissioners, the principal of such stock 
shall become an insufficient security, and the said Comptroller and 
Commissioners, upon the application of the owner or owners of such 
transferred stock in trust, may in their discretion, change or transfer ^1°^^^^^ 
the same for other stocks of the kind and value before specified in 
this Act, or may re-transfer the said stocks or any part thereof, or 
the bonds and mortgages or any of them hereafter mentioned and 
provided for, upon receiving and cancelling an equal amount of such 
circulating notes delivered by them, to such person or association of 
persons in such manner that the circulating notes shall always be 
secured in full, either by stocks or by bonds and mortgages, as in 
this Act is provided. 

Sec. YI. The bills or notes so to be countersimed, and therms 
payment of which shall be so secured by the transfer of public 
stocks, shall be stamped upon their face, " Secured by the pledge of 
public stocks." 

26. Sec. YIL Instead of transferring public stocks as aforesaid, ^^^'JJ^J^J^ 
to secure the whole amount of such bills or notes, it shall be lawful «" ifaus- 

r 1 • • r • 1 1 n 1 tateinheuof 

tor such person or association oi persons, m case they shall so elect, stacks, 
before receiving any of the said bills or notes, to secure the payment 
of the said bills or notes so to be issued, by transferring to the said 
Comptroller and Commissioners bonds and mortgages upon real estate 
bearing at least six per cent, interest, and payable annually or semi- 
annually, in which case all such bills and notes issued by said per- 
son or association of persons, shall be stamped on their face, "Se-^*^™P* 
cured by pledges of real estate." 

27. Sec. YIII. Such bonds and mortgages shall be only upon ^^,^^^^^^^5.^® 
unincumbered lands within this State, worth, independently of the ^vhicii mort- 
buildings thereon, at least double the amount for which they shall ^^"'^ * 

be so mortgaged ; and the Comptroller and Commissioners shall 
prescribe such regulations for ascertaining the title and the value of 
such lands, as they may deem necessary ; and such bonds and mort- 
gages shall be payable v/ithin such times as the Comptroller and 
Commissioners may direct. 

♦Amended by Act of 7tli Dec. 1841, sec. 74. 



i06 



BANKS AND BANKING.— General Laws— 1838. 



Free Banking Law. 



Bonds and 
mortgages 
exchanged 
for others. 



Interest to be 
paid owner. 



28. Sec. IX. The said Comptroller and Commissioners may, in 
their discretion, reassign the said bonds and mortgages, or any of 
them, to the person or association of persons who transferred the 
same, on receiving other approved bonds and mortgages, or other 
unquestionable security, as allowed by the preceding sections of this 
Act, of equal amount and value. 

29. Sec. X. The person or association of persons, so assigning 
such bonds and mortgages as aforesaid, may receive the annual in- 
terest to accrue thereon, unless default shall be made in paying the 
bills or notes to be countersigned as aforesaid, or unless, in the opin- 
ion of the Comptroller and Commissioners, the bonds and mortgages 
so pledged shall become insufficient security for the payment of such 
bills or notes. 

chi failure to 30.* Sec. XI. In casc such person or association of persons 
by^comptnJr- shall fail or refuse to pay such bills or notes on demand, in the man- 
miiKnS"'^®^^ Specified in the fourth section of this Act, the Comptroller and 
Commissioners, after the sixty days' notice therein mentioned, may 
proceed to sell at public auction the public stocks so pledged, or the 
bonds- and mortgages so assigned, or any or either of them : Provided^ 
the amount so refused to be paid, be not paid by said association 
within the sixty days, out of the proceeds of said sales, shall pay 
and cancel the same bills or notes, default in paying which shall be 
made as aforesaid ; but nothing in this Act contained shall be con- 
sidered as implying any pledge or liability on the part of this State, 
for the payment of the said bills or notes, beyond the proper appli- 
cation of the securities pledged to the Comptroller and Commission- 
ers for their redemption. 

31. Sec. XII. The Comptroller and Commissioners shall be, 
and they are hereby authorized to receive from such person or asso- 
ciation of persons, if they shall so elect, bonds and mortg^ages for 



State not lia 
ble. 



Town and 
negro prop- 
erty under 
certain re- 
strictions. 



"G^to^ 



Stamp. 



Loans to 
stockholders 
and direct- 
ors. 



lands, town property or negroes, before recovering any of the said 
bills or notes to secure, of fourfold value of such bills or notes : 
Provided, nevertheless, that the said Comptroller and Commissioners 
shall be sa^tisned of the title and value thereof : Afid provided, also, 
that the said town or other property, if subject to diminution or de- 
struction by fire, shall be insured to the satisfa-ction of such Comp- 
troller and Commissioners, or a majority of them : And provided, 
further, that the negro property to be offered do not exceed one-half 
of the whole amount of such bills or notes ; and whenever the bills 
and notes so to be issued, and the payment of which shall be secured 
as contemplated in this section, said bills and notes shall be stamped 
on the face, ^' Secured by the pledge of real and personal property;" 
which bonds, mortgages, and negroes, shall be sold in like manner 
as property is sold under execution, and in the County where the 
owner or owners thereof reside, and by the Sheriff of the County, 
by orders of the Comptroller and Commissioners. 

32. Sec. XIII. No stockholder or any officer of said bank, shall 
borrow money from the pledge of his stock, but shall give the same 



*Ainended by Act of Dec. 7, 1841, sec. 74. 



BANKS AND BANKING.— General Laws— 1838. 107 

Eree Banking Law. 

security as other borrowers of said bank, and such security shall 
not be either a director or stockholder in said institution. 

33. Sec. XIY. The public debt, stocks, bonds, and mort^aores, stock, &c, 
to be deposited with the Comptroller and Commissioners by any such tiunof buis. 
person or association, shall be held by them exclusively for the re- 
demption of the bills or notes of such person or association put in 
circulation as money, until the same are paid ; but the same shall be 
renewed every five years, if, in the opinion of the Comptroller and 
Commissioners, or a majority of them, such renewal shall be required rtencwai. 
to str-engthen such security by the addition or substitution of other 
property. 

34. Sec, XY. The plates, dies, and materials, to be procured as £^^^^^^'^*Jj|^ 
aforesaid, for the printing, making, and marking the circulating dy ot comj>- 
notes, provided for by this Act, shall remain in the custody, and commission 
under the control and direction of the Comptroller and Commissioners, ^^** 

and expenses necessarily incurred in executing the provisions of this Expenses. 
Act, shall be advanced by the association or associations applying 
for such notes. And the said Comptroller and Commissioners are 
hereby authorized and required to charge against and receive from 
such person or association applying for such circulating notes, such 
rate per cent, thereon as may be sufilcient for that purpose, and as 
may be just and reasonable. 

35. Sec. XVI. It shall not be lawful for the Comptroller and ^ioiadon ^of 
Commissioners, or other officers, to countersign bills or notes for any comptioUer 
person or association of persons to an amount in the aggregate ex- missioners, 
ceeding the security offered at its value as before provided for, and 
actually deposited with the Comptroller and Commissioners, by 

such person or association ; and any Comptroller, Commissioner or 
ether officer who shall violate any of the provisions of this Act, 
shall, upon conviction, be adjudged guilty of a misdemeanor, and shall f^S^n^r.' 
be puhished by a fine not less than ten thousand dollars, and im- 
prisoned not less than five years in the penitentiary. 

36. Sec XVII. If any person or association of persons shall be^^"JJ™j^s off 
convicted of running off, or attempting so to do, any negro slave so mortgaged 
mortgaged as aforesaid, or of selling or disposing of such mortgaged 
property, which may be rem.oved out of this State, he or they shall 

be adjudged guilty of a felony, and shall be punished by confine- a felony, 
ment in the penitentiary for a term not less than five or more than 
ten years, at the discretion of the Court. 

37. Sec XYIII. Any person or number of persons may as- ^^JpjJ'J^^ ^^^^^^ 
sociate to establish ofiices of discount or deposit and circulation $wo,ooo. 
upon the terms and conditions, and subject to the liabilities pre- 
scribed by this Act ; but the aggregate amount of the capital stock 

of any such association shall not be less than one hundred thousand 
dollars. Such persons, under their hands and seals, shall make a 
certificate, which shall specify : 

1st. The name assumed to distinguish such association, and to be cp''f'^cate 
used in its dealings : Provided, the name of any existing bank, or name, 
any name previously selected by any association formed under this 
law, be not assumed. 

2d. The place where the operations of discount and deposit of place, 



108 



BANKS AND BANKING.— General Laws— 1838. 



Free Banking Law. 



amount of 
stock, 

sharehold- 
ers, 

time, 



recorded. 



Certificate 
evidence. 



Privileges of 
association. 



Officers. 



Shares and 
sharehold- 
ers ; 



Notdissolv'd 
by4eath,&c. 

Increase of 
capital. 



Contracts. 



Suits by. 



Suits 
against. 



such association are to be carried on, designating the particular city 
town, or village. 

3d. The amount of the capital stock of such association, and the 
number of shares into which the same shall be divided. 

4th. The names and places of residence of the shareholders, and 
the number of shares held by each of them respectively. 

5th. The period at which such association shall commence and 
terminate. 

Vf hich certificate shall be proved and acknowledged, and recorded 
in the office of the Clerk of the Superior Court where any office of 
such association shall be established, and a copy thereof filed in the 
office of the Comptroller. 

38. Sec. XIX. The certificate required by the last preceding sec- 
tion to be recorded and filed as^iforesaid, or a copy thereof duly cer- 
tified from the record, shall be received in evidence in any Court in 
this State. 

39. Sec. XX. Such association shall have power to carry on the 
business of banking by discounting bills, notes, and other evidences 
of debt, by receiving deposites, by buying and selling gold and silver 
bullion, foreign coins and bills of exchange, in the manner specified 
in their articles of association for the purposes authorized by this 
Act, by loaning money on real or personal security, and by exercis- 
ing such incidental powers as shall be necessary to carry on such 
business ; to choose one of their number as president of suc]i associa- 
tion, and to appoint a cashier, officers and agents at pleasure, and 
appoint others in their places. 

40. Sec XXI. The shares of said association shall be deemed 
personal property, and shall be transferrable on the books of the asso- 
ciation in such manner as may be agreed upon in the articles of asso- 
ciation, and every person becoming a shareholder by such transfer, 
shall in proportion to his shares, succeed to all the rights and liabili- 
ties of prior shareholders, and no change shall be made in the articles 
of association by which the rights, remedies, or security of its exist- 
ing creditors shall be weakened or impaired. Such association shall 
not be dissolved by the death or insanity of its shareholders therein. 

41. Sec XXII. It shall be lawful for any association of persons 
organized under this Act, by their articles of association, to provide 
for an increase of their capital, and of the number of the associates, 
from time to time as they may think proper. 

42. Sec XXIII. Contracts made by any such association, and 
all notes and bills by them issued, and put in circulation as money, 
shall be signed by the president or vice-president, and cashier of 
such association thereof ; and all suits and actions brought, or prose- 
cuted by, or in behalf of such association may be brought or pros- 
ecuted, in the name of such association ; and no such suit or action 
shall abate by reason of the death of any officer or member of such 
association, but upon suggestion of such fact, parties may be made, 
and the case proceed as if no such disability had intervened. 

43. Sec XXIY. All persons having demands against any such 
association, may maintain actions against it in the name of such as- 
sociation in like manner ; and all judgments and decrees obtained or 



BANKS AND BANKING.— General Laws— 1838. 109 

Free 13aiiking Law. 

rendered against such association for any debt or liability of such as- 
sociation, shall be enforced against the joint property of such associa- individual 
tion, until that shall have been exhausted ; and when that shall have hio^prolatt 
been exhausted, then against the property of the individual stock- 
holders rateably. 

44. Sec. XXV. No shareholder of any such association shall be n^. .^^'■t'^'^'' 

. •' liability ex- 

liable ill his individual capacity, for any contract, debt, or engage- ccpt by con- 

ment of such association, unless the articles of association by him 

signed, shall have declared such liability, except as provided for. 

45. Sec. XXVI. It shall be lawful for such association to pur-Purchas« of 
chase, hold and convey real estate for the following purposes : that '^''^^^''^'^^^'■^ 
is to say, such as shall be necessary for its immediate accommodation 

in the convenient transaction of its business, or such as shall be 
mortgaged to it in good faith by way of security for loans made by, 
or moneys due to such association, or such as shall be conveyed to it 
in satisfaction of debts previously contracted in the course of its deal- 
ings, or such as it shall purchase under judgments or mortgages held 
by such association. 

46. Sec. XXVII. Upon the application of creditors or share- inquiry into 
holders or any of such association \Vhose debts or shares shall amount i,y oXr X 
to five thousand dollars and stating facts verified by affidavits, or if, Jg^-J^ court," 
at any time, the said Comptroller and Commissioners shall deem it 
necessary either from facts resting within their own knowledge, or 

from information supported by oath, upon the application of such 
Comptroller and Commissioners, the Judge of the Superior Court of 
the district in which any such association shall be located, or be do- 
ing business, who shall, in the exercise of Chancery jurisdiction in 
chambers, upon a proper case made, order a strict examination to be 
made by either of the said Commissioners, or any other fit and pro- 
per person, of all the affairs of such association, for the purpose of as- 
certaining the safety of its investments and the prudence of its man- 
asrement, and the result of every such examination, toarether with Result pub 
the opinion of such examiner and such Judge thereon, shall be pub- '"^ " ' 
lished in such manner as the said Judge shall direct, and shall make 
such order in respect to the expenses of such examination and pub- 
lication, as the principles of justice shall require. 

47. Sec XXVIII. All mortgages executed under this Act, shall Record of 
be recorded in the manner and time now required by law in relation 
to other mortgages ; and if upon real estate, shall also be recorded in 
the County where the mortgager resides ; and if not so recorded, it 
shah not be received as security, and shall be null and void. 

48. Sec. XXIX. Every such association shall, on the first Mon- Semi-annuai 
days in April and October, in every year, after having commenced 
the business of banking, as prescribed by this Act, make out and 
transmit to the Comptroller and Commissioners, in the form to be 
prescribed by them, a full statement of the affairs of the association, 
verified by the oath of the president and cashier, which statement 

shall contain, 

1st. The amount of capital stock paid in according to the provis- 
ions of this Act, or secured to be paid. ^ contents. 

2d. The value of the real estate of the association, specifying what 



mortKages. 



returns. 



110 BANKS AND BANKING.— General Laws— 1838. 

Free Banking Law. 

portion is occupied by the association as necessary for the transaction 
of its business. 

Sd. The shares of the stock held by such association, whether 
absohitely, or as collateral security, specifying each kind and descrip- 
tion of stock, and the number and value of shares of each. 

4th. The amount of debts due to the association, specifying such 
as are due from monied or other corporations or associations, and also 
specifying the amount secured by bonds and mortgages, or judgments, 
and the amount which ought to be included in the computation of 
losses. 

5th. The amount of debts due by such association, specifying such 
as are payable on demand, and such as are due to monied, or other 
corporations or associations. 

6th. The amount of claims against the association, not acknowl- 
edged by it as debts. 

7th. The amount of notes, bills, or other evidences of debt issued 
by such association. 

8th. The amount of the losses of such association, specifying whe- 
ther charged on its capital or profits since its last preceding statement, 
and of its dividends declared and made during the same period. 

9th. The average amount in each month during the preceding six 
months, of the debts due to and from the association, the average 
amount of specie, and designating how much gold, how much silver, 
and how much silver possessed by the same during each month, and 
the amount of bills and notes issued by such association and put in 
circulation as money, and outstanding against the association on the 
first day of each of the preceding six months. 

10th. The average amount in each month during the preceding 
six months due to the association from all the shareholders in the as- 
sociation ; also, the greatest amount due to the association in each 
of the preceding six months from all the shareholders in such asso- 
ciation. 

11th. The amount which the capital of said association has been 

increased during the preceding six months, if there shall have been 

any increase of said capital, and the names of any persons who may 

have become parties to the said articles of association, or may have 

Spring re- withdrawn therefrom since the last report ; it shall be the duty of 

lished. the Comptroller and Commissioners to consolidate the several Spring 

reports so required to be made by this section, and to cause them to 

be published in a newspaper printed in the County where the place 

of business of such association is situated, if there be one, and in one 

Fall reports or morc papers printed at the seat of Government ; and the October 

before Gen'i reports to be transmitted to his Excellency the Governor, to be laid 

Assembly. ]jQfQ^^Q ^he General Assembly ; the expense of such publication to be 

paid by such association. 
Dissolved 49. Sec. XXX. If any such association shall neglect to make 
Sk)n"(Sf ^^ out and transmit the statement required in the last preceding section 
tiiis Act. £qj. fifteen days beyond the period when the same is required to be 
made, or shall violate any of the provisions of this Act, such associa- 
tion may be proceeded against and dissolved by the Court, in the 



BANKS AND BANKING.— General Laws— 1838. Ill 

Free Banking Law. 

lame manner as any monied corporation may be proceeded against 
md dissolved. 

50. Sec. XXXI. If any portion of the original capital of any ^J'ndii'f any 
inch association shall be withdrawn for any purpose whatever, whilst p^* of capi« 
my debts of the association remain unsatisfied, no dividends or profits drawn. 

m the shares of the capital stock of the association shall thereafter 
)e made until the deficit of capital shall have been made good, either 
)y subscription of the shareholders, or out of the subsequently ac- 
cruing profits of the association ; and if it shall appear that any such 
lividends had been made, it shall be the duty of the Comptroller and 
^Commissioners to take the necessary measures by injunction or other- *^"^ ^^* 
vise, for closing the aff'airs of the association and distributing its 
)roperty and effects among its creditors. 

51. Sec. XXXII. Such association shall be liable to pay to thcfoSfiSre t« 
lolder of every bill or note put in circulation as money, the payment ^^^^^^ 

)f which shall have been demanded and refused, damages for non- 
)ayment, in lieu of interests at and after the rate of 18 per cent, per ^^ p®^ ^"** 
mnum, from the time of such refusal, until the payment of such bill 
)r note, and the damages thereon. 

52. Sec. XXXIII. In all settlements between the chartered Siv^tLr 
)anks and the associations contemplated by this Act, said chartered ^^'" ''^^^^ 
)anks shall receive in payment their own bills and bills of their 
)ranches. 

53. Sec XXXIV. The president and cashier of every such as- J^idS'ST 
;ociation, formed pursuant to the provisions of this Act, shall at all rected semi- 

1 1 T r 1 /*iiTii annually 

imes keep a true and correct list oi the names oi the shareholders of and filed. 
;uch association, and shall file a copy of such list in the office of the 
jlerk. of the Superior Court of the County where any office of such 
issociation may be located, and also in the office of the Comptroller, 
)n the first Mondays in April and October in every year. 

54. Sec XXXY. It shall not be lawful for any association |looo"p"aya- 
brmed under the provisions of this Act, to make any of its bills or ^^® ^^ ^®*^ 
lotes, of a denomination less than $1,000, to be put in circulation as 
noney, payable at any other place than at the office where the busi- * 

less of the association is carried on and conducted. 

55. Sec XXXYI. No association of persons authorized to car- ^p^^'^p^". 
y on the business of banking under this Act, shall, at any time for ['^'l"'^ <^''^<''i- 
;he space of thirty days, have on hand at their place of business less 

:han 25 per cent, in specie on the amount of the bills or notes in 
circulation as money. 

56. Sec XXXYII. The Commissioners contemplated by this 5°™^-jj^^ 
A.ct, shall be elected by joint ballot of both branches of the General elected' 
A.ssembly, during the present session, and at every subsequent session 
thereafter, and shall be subject to be removed in the manner pointed 

3Ut by the Constitution ; said Commissioners shall be commissioned ^^^ quaiifi- 
by the Governor, and shall, together with the Comptroller, take an 
3ath for the faithful discharge of the duties required by this Act, and 
shall receive four dollars per day for each day they shall be actually ^oJT^^"*^- 
sngaged in their duties, to be rateably paid by such association, in 



112 BANKS AND BANKING.— General Laws— 1838. 

Free Banking Laws — Bills of Bank and Branches — Liability of stockholder transferring. 

the manner hereinbefore pointed out by this Act for the payment of 
expenses.* 
Limit of 20 5^^ gj,^.^ XXXVIII. No association of persons mider this Act, 

years. _ 1 5 

shall be formed and established for a longer period than twenty years ; 

Provided^ That at the expiration of the time limited by this section, 
Reorganiza- it shall be in the power of any association to re-organize under the 

provisions of this Act, if then of force, or under any other law which 

a future Legislature may adopt on the same subject. 
anHommls- ^^' ^^^- XXXIX. Neither the Comptroller or Commissioners 
sioners not shall bc authorizcd to hold stock in any of the said banks, and should 

to be share- .. ^ ^ . "^ . ^ n r- 

hoiders. they Violate the provisions of this section, they shall forfeit their 
office and appointment, and the amount paid in by said Commission- 
ers and Comptroller, shall accrue to and become the property of the 
State. 

t^lSrs^"* 59. Sec. XL. Any transfer or disposition, by the Comptroller or 

null and Coinniissioners, or by either of them, of any public debt alluded to in 
• the 2d section of this Act,, or any transfer or disposition of bonds or 
mortgages, for any purpose, other than is provided for in this Act, 
such transfer or disposition shall be null and void. 

Gen^AsS^e Sec. XLI. Tlio General Asscmbly may, at any subsequent ses- 

biy. sion, alter, amend, or repeal this Act 



An Act to regulate the settlements hetiveen the Banking Institutions 
of this State, and to define the liabilities of Stockholders loho shall 
transfer their interest therein, or other Institutions.— Assented to 

Dec. 29, 1838. Pam. 44. 

Bills of 8'k 60. Sec. I. Be it -enacted, That from and immediately after the 

es recoiVabie passiug of tliis Act, tlic scveiaJ baiiks chartered by the General As- 

plyment of scmbly of tliis State, and the branches thereof, shall receive their 

debts. own bills, v/hether issued or made payable at the parent bank, or any 

of its branches, at par, at the counter of such parent bank, or any of 

ifs branches, in settlement of balances due to such parent bank or 

any of its branches, as the case may be ; any law or usage to the 

contrary notwithstanding. 

?J:f^^i^?If.^I 61. Sec. II. Where the stockholders in any bank or other cor- 

released poratiou, aic individually responsible under the charter thereof, and 

on certain aiiy such stockholdcr shall transfer his or her stock, he or she shall 

cou nans. ^^ exempt from all liability for the notes and contracts of such bank 

or other corporation, unless he or she receive written notice from any 

creditor thereof, within six months after such transfer, (in which case 

he or she shall not be exempt from such creditor's claim) — Provided, 

such stockholder shall give notice once a month for six months of 

such transfer, and immediately thereafter in two newspapers in, or 

nearest to the place where such bank or other corporation shall keep 

the principal office. 

Sec. III. All laws and parts of laws militating against this Act, 
be, and the same are hereby repealed. 

* Amended by Act of Dec. 21, 1839, sec. .'■2. 



BANKS AND BANKING.— General Laws— 1839. 113 

Amendment to Free Banking law. 



An Act to prevent the several Banks of this State from selling or 
disposing of exchange at a higher rate per cent, than herein ex- 
pressed, under certain conditions, and to prescribe the mode of pun- 
ishm^ejit for a violation of the same, — Assented to Dec. 23, 1839. 
Pam. 60. 



[Repealed by Act of 1840, pam. 26.] 



An Act explanatory and a'inendatory of the thirty-seventh section of 
an Act assented to on the twenty-sixth day of Dcce7nhei', one 
thousand eight hundred and thirty-eight, authorizing the husi- 
7iess of Banking, and regulating the same. — Assented to Dec. 
21, 1839, Pam. 30. 

62. Sec. I. Be it enacted, That from and after the passage of Comptroller 
this Act J that it shall be the duty of the Comptroller and Ccrnmis- missioners 
sioners that now are, and that hereafter may be appointed, agreeable an^ntr^^f 
to the provisions of the said thirty-seventh section of the above re- j^g^^iJ*^"^ 
cited Act, on the application of any person or persons, or associations 

of persons, to the said Comptroller and Commissioners that now are, 
or that may hereafter be appointed agreeable to the provisions of the 
above recited section, for the object therein contained, the appoint- 
ment of commissioners, or for other duties required of the said 
Comptroller and Commissioners, to enable any person or persons or 
association of persons, for the constitution of a bank or banks, 
agreeable to the provisions of the above recited Act, to make a fair 
and regular entry of the time that the said Comptroller and Com- 
missioners have been actually in service in the duties required of 
them in the provisions of the said recited Act, plainly setting forth 
the name of the person or persons or association of persons thus ap- 
plying, with the name of the place of location of any such entered 
company or association of persons. 

63. Sec. II. The Comptroller and Commissioners that now are, f^^^ p^"^^^ 
or that shall hereafter be appointed by the provisions of the above charge. 
recited section, shall not charge, claim or receive, from any person 

or persons or association of persons, any sum or sums of money, 
otherwise than from the person or persons or association of persons 
by whom application may be made to said Comptroller and Commis- 
sioners, for the appointment of appraisers or com^missions for any 
company or companies with the intention of banking, agreeable to 
the provisions of the above recited Act, [and] shall be fined in a sum 
not less than five hundred dollars for every such offence, recoverable 
in any Court in this State having competent jurisdiction of the same, 
one moiety to the prosecutor, and the other moiety to the County ^fjj^l^'^ 
where such action shall be instituted, for County purposes ; any law, hair to tha 
usage or custom to the contrary notwithstanding. 



15 



114 BANKS AND BANKING.^General Laxvs— 1839. 

Semi- animal Returns — Contci ts. 

An Act to amend an Act entitled an Art more effectually to secure (he 
solvency of all fhe Banking Institutions of this State, joassed the 
24:th day of December, 1832. — Assented to December 23, 1839. 
Pam. 28. 

Branches to g4, g-r;. I. Be it euucted, That from and after the passao^e of 

make re- ' r o 

tui-ns. this Act, it shall be the duty of each and every branch bank, or of- 
fice of discount and deposit in this State, to make report to the 
Governor semi-annually, separate and distinct from ihe report of the 
principal banks, as required by the above recited Act. 

iesso?Di ^^' ^^^' ^^' F'rom and after the passage of this Act, it shall be the 

rectors. duty of [thej direc/ors of the several banks, branch banks, and offices of 
discount and deposit in this State, in their semi-annual report to the 
Governor, to specify the amount due each- bank, branch bank, or 
office of discount and deposit, so making report by each of the 
directors thereof either for capital stock thereof or for monies bor- 
rowed from the same upon any bond, note, bill of exchange, or other 
obligation, whether the same may have been boiTowed on the obli- 
gation of such director or directors, or "upon the obligation of any 
other person or persons for the use or benefit of such directors, spe- 
cifying the amount of such indebtedness [at] any time within the 

oathof^Di- preceding six months ; which said report stiall be sworn to by the 
directors of the bank, branch bank, or office of discount and deposit 
so making the same, and the affidavits thereof shall accompany said 
reports. 

Of a resided 66. Sec. III. Whenever it shall so happen that any director in 

or removed. 

Director. [a] bank, branch bank, or office of discount and deposit in this State, 
shall resign, or be removed from directorship as aforesaid, whether 
the same be voluntary or not, it shall be the duty of such director 
to make afiidavit of the facts required by the second section of this 
Act, up to the time of his removal, or resignation, which affidavit 
shall accompany the semi-annual report required as aforesaid. 

Indebted- 67. Sec. IV. It sliall be the duty of the president or cashier of 

ness 01 

stockhoid- the several banking institutions of this State, or their branches, or 
offices of discount or deposit, to specify, in their semi-annual report 
to the Governor, the aggrega.te amount due said institutions by stock- 
holders thereof, either on bond, note, bill of exchange, or other obli- 
gations, without specifying the names of said stockholders, unless 
the amount due by any one stockholder shall exceed the sum of ten 
thousand dollars, in wiiich case it shall be their duty to specify the 
name of each stockholder who shall be indebted to a greater amount 
than the sum aforesaid ; which report shall be made under all the 
solemnities required by said Act, to which this Act is an amendment.* 

*As to publication of those returns, see xict of De3. 22, 134:3, sec, 87. Query : How 
far is this Act repealed by Act of 1S50, sec. 90 ? 



ers, 



BANKS AND BANKING.— General Laws— 1840. IL 

Non-spccie-paying Banks — Fort'eiture of Charter. 



An Act to compel the several Banks of this State to redeem their lia- 
bilities in specie, and to provide for the fojfeiture of the charter 
or charters of such as may refuse,^^ — Assented to Dec. 18, 1840. 
Pam. 26. 

68. Seg. I. Be it enacted, That on the first day of January, ^^^1^^.^^^ 
eighteen hundred and forty-one, his Excellency the Governor shall emLr. 
issue his proclamation, requiring that the several banks of this State, 

their branches, or agencies, which have heretofore failed to redeem 
their liabilities in gold and silver, and all other banks in this State, 
shall, on or before the first day of February, eighteen hundred and 
forty-one, pay to any person or persons, (banks and brokersf except- 
ed,) in specie, every bill, note, draft, check, receipt, or money on 
deposit, except in cases where such deposits are by terms of existing 
contracts payable otherwise than in specie, issued or received, or 
which may hereafter be issued or received by them respectively, 
upon demand or presentation ;- and in case any of said banks, their payTpecfeV 
branches, or agencies, shall then or thereafter lail or refuse to comply JlJ'iJ^'i^t^i^^'^ 
with and perform the requirement aforesaid promptly, then his Ex- pV' ceejings 
cellency the Governor, on due proof thereof, is hereby authorized thoirchar- 
and re [uired to cause judicial proceedings to be instituted forthwith 
against such defaulting bank, in the Superior Court of the County 
where the same is located, to the end that the charter of such bank 
may be declared as forfeited and annulled, and that the assets of the 
same be immediately placed into the hands of a receiver, under ade- 
quate security, for the benefit of the creditors thereof: Provided, 
the defaulting bank shall not, within five days after such demand 
and refusal to redeem its bill or bills, produce satisfactory evidence 
to his Excellency the Governor that there was an indebtedness then 
due to said bank by the person or persons demanding specie, and 
equal to the amount then demanded. 

69. Sec. IL The Governor, in his discretion, may employ as- ^^^|'-^''''j^=^^ 
sistant counsel to aid the Attorney or Solicitor General J in the suc- 
cessful prosecution of such defaulting bank or banks, and compen- 
sate him or them out of any moneys in the treasury not otherwise 
appropriated. 

70. SiCc. III. The bills of such defaultincr bank or banks shall fii"^ of such 

^, .-,. ^ 11--I1 • 5 Banks not 

not be received m payment oi any public aue or dues into the treas- receivable at 
ury of this State or Central Bank, except those of the Central Bank" " '^"" ' 
of Georgia, which shall be receivable only in payment of taxes and 
other dues payable to the State or Central Bank. 



the Treasu- 
ry^ 



*Anic-acIeI by Acts of Dec. 13, 1S12, and Dae. 23, 1813, see sec. 77, 39. 

fThis exceptLon repealeil by Act of Nov. 2i, ISil, sec 73. 

[fFor fee of Attorney and Solicitor General, see title "Fe^s," sec. 46. 

[1.] This Act constitutional. 5 Ga. Rep. 239. [2.] Construed in 1 Kelhj, 27. 



116 BANKS AND BANKING.— General Laws— 1841. 

Disabilities of Banks and Brokers — Amendment to Free Banking; Laws. 



s4.n Act to repeal an Act entitled an Act to regulate the intercourse 
between the Banks of this Stale, and other institutions and brokers^ 
passed on the tweiity-second December, eighteen hundred and 
twenty-six ; also, to alter and amend the Act authorizing the re- 
covery of damages agamst Banks, and the Act of the last Gen- 
eral Assembly, requiring the Banks of this State to redeem their 
liabilities in specie. — Assented to November 24, 1841. Pam. 27. 

re*^eaiVd^ 71. Sec. I. Be it enacted, That from and after the passage of 
this Act, the Act entitled an Act to regnlate the intercourse between 
the banks of this State and other institutions and brokers, passed 
the twenty-second of December, eighteen hundred and twenty-six, 
be, and the same is hereby repealed.* 
Proviso to 72. Sec. II. Banks, and other incorporated institutions, and 
repealed. ' brokcrs, shall be entitled to recover the damages provided by the Act 
passed on the twenty-fourth day of December, eighteen hundred 
and thirty-two, entitled an Act to regulate the intercourse between 
banks and private individuals, so as to subject banks to the payment 
of damages, if they refuse or fail to pay specie when demanded, 
under certain circumstances. 
■^Sksand ^^' ^^^' ^^^' ^^ much of the Act entitled an Act to compel the 
Brokers in scvcral bauks of tliis State to redeem their liabilities in specie, and 
repealed, to providc for the forfeiture of the charter or charters of such as 
may refuse, assented to on the eighteenth of December, eighteen hun- 
dred and forty, as exempts banks from the provisions of said last 
mentioned Act, when a demand is made by other banks, or by 
brokers, be, and the same is hereby repealed. 



An Act to alter arcd amend the fourth and eleventh sections of an 
Act e7ititled an Act to authorize the business of banking, and to 
regulate the same, assented to twenty-sixth December, eighteen 
hundred and thirty-eight. — Assented to Dec. 7, 1841. Pam. 28. 

On failure to 74. Sec. I. Bc it cnactcd, That from and immediately after the 
compTroiier passagc of tliis Act, should any bank established under the provisions 
missSfttoOf the before recited Act, fail to redeem its bills, agreeable to the 
Sortgag^es, requisitions of the said fourth and eleventh sections of said Act, 
and the bills shall be protested and deposited in the Comptroller 
General's office, it shall be the duty of the Comptroller General and 
Commissioners to give the said bank the notice now required by said 
Act ; and should the president and directors of said bank fail to give 
satisfactory reasons why said bills should not be paid, it shall be the 
duty of the Comptroller General, and he is hereby required to fore- 
close a sufficient number of the mortgages deposited by such bank 
in same to redeem the bills so protested ; Provided, that such mortgages shall 
mhlTLcrt- be foreclosed in the same manner as now required by law for the 
gages. foreclosure of mortgages on personal property ; and the lands and 

*Por provisions of Act of 1828, see *' Prince," page 47. 



BANKS AND BANKING.— General Laws— 1841. IK 

Free Banking — Defaulting Banks. 

negroes included in said foreclosed mortgages shall be sold in like ®^- 
manner as is now pointed out by law for the sale of personal property 
under mortgage fi. fa., and in the County where the owner or owners 
thereof reside, and by the Sheriff of the County, by order of the 
Comptroller and Commissioners. 

75. Sec. II. The president and directors of any such bank shall g^^^^a",^ 
be authorized to point out mortgages so to be foreclosed, for the re- select the 
demption of the bills so protested and deposited as aforesaid: Pro-^^^ ^'^^^' 
vidcd, that notice of any designation of such mortgages shall be 
given by such president and directors to the Comptroller and Com- 
missioners within the sixty days after such protested bills are depos- 
ited in the Comptroller General's office. 

Sec. III. All laws or parts of laws militating against this Act 
be, and the same are hereby repealed. 



An Act for the relief of certain Banks which have suspended specie 
paijmerits, and against which judicial jjroceedings have been instituted 
for the forjeiture of their charters. — Assented to Dec. 10, 1841. 
Pam. 29. 

Whereas^ judicial proceedings have been instituted against certain 
banks in this State, under an Act of the last General Assembly, for 
the purpose of forfeiting their charters, for a failure to redeem their 
notes in specie ; And whereas^ it is believed that those banks have 
resumed, or will shortly resume, the redemption of their liabilities in 

specie : Proceedings 

76. Sec. I. Beit therefore enacted^ That his Excellency the SrSn con 
Governor be, and he is hereby authorized and required to cause such '^'^'^"^ 
judicial proceedings to be arrested : Provided^ such banks shall com- 
mence to redeem tbeir liabilities on demand, in specie, by or before 
the first day of January next, and shall continue thereafter to pay on 
demand all their liabilities aforesaid in specie ; and provided^ alsOy 
that said banks shall pay all costs which have accrued, or may ac- 
crue, on account of the commencement and prosecution of said ju- 
dicial proceedings ; and provided farther^ that the said banks pay 
the attorneys and Solicitor General their fees ; also the several attor- 
neys employed by the State in the prosecution of the same respec- 
tively ; and the attorneys employed by the State shall be entitled to 
receive the sum of two hundred and fifty dollars each, any law, usage 
or custom to the contrary notwithstanding. 



118 BANKS AND BANKING.— General Laws— 1842. 

Defaulting Banks — Dissolution — Receivers — Duties. 

. — . — 9. ~— — — — — — — - — ■ — — _^ 

Aji Act to amend an Act entitled an Act^ to compel the several Banks of 
this State to redeem their liabilities in specie^ and to provide a for- 
feiture of such as may refuse, assented to on the ISth December, 1840; 
and a,n Act entitled an Act for the relief of certain BanJ{s, which have 
siisjjcnded, syecie payments, against which judicial proceedings have 
been instituted, for the forfeiture of their charters ; assented to on the 
IQth December, 1841. — Assented to Dec. 13, 1842. Pam. 29.^ 

On a verdict, 77. Sec. I. Be it enacted, That in all cases Avhere judicial pro- 
ceedings have been commenced by the State against any bank or 
banks, which have already become amenable to the provisions of 
the said Act of the eighteenth December, eighteen hundred and 
forty, and have failed to comply with the requirements of the Act of 
the tenth December, eighteen hundred and forty-one, upon a final 
trial of such proceeding, and the, rendition of a verdict on which a 
judgment of forfeiture should be pronounced, the Judge shall pro- 

judgment of j^ouucc the I'udffment of the dissolution of said corporation, for all 

dissolution. JO r 7 

purposes whatsoever, saving and excepting as to its power in its cor- 
porate name, to collect and pay its debts, and to sell and convey its 
estate, real and personal, which power shall be exercised by the re- 
ceiver or receivers, whose appointments are herein provided for, in 
the name of said corporation, subject to no control whatever by the 
a"^o^m% ^^ s^^^ corporation or its officers ; and it shall be the duty of the Go- 
Receivers, vernor, on being notified thereof, by the Judge before whom such 
case was determined, to appoint three competent persons, as receivers 
for the same, who shall not be indebted to said bank, and who shall 
Bond. gj^^g bond and approved security to the satisfaction of the Governor, 
in a sum equal to double the amount of stock subscribed for and 
paid into said bank, conditioned for the faithful performance of the 
Duty. trust reposed in them, whose duty it shall be to take charge of, and 

collect as early as practicable, the debts and demands due, and owing 
to said bank, and to pay off and discharge the liabilities of said bank. 
On refusal, a 78. Sec. II. Should the pcrsous so appointed refuse to become 
withTond of receivers, as provided for in the foregoing section, it shall be the duty 
$200,000. ^£ ^i^g Governor to appoint a receiver to take charge of the assets of 
said bank or banks, who shall give bond and approved security as 
aforesaid, in the sum of two hundred thousand dollars, conditioned 
as aforesaid, for the faithful performance of the trust reposed in him, 
and who shall in like manner, as is required of the persons appointed 
in the foregoing section, proceed to collect, as early as practicable, 
the debts and demands due and owing to said bank, and to pay off 
^ebts ^aS?tf ^^^ discharge the liabilities of said bank ; Provided, nevertheless, 
to be'turned Wygx SO soou as Said rccciver shall have collected a sufficient amount 
holders. from the assets of said bank, to pay off all its liabilities, he shall 
forthwith turn over to the stockholders, or to whomsoever they may 
appoint for that purpose, the balance of said assets remaining in his 
hands,! and the said persons so appointed, or receiver, as the case 

«Amended by Act of Dec. 23, 1843, see sec. 89. 
tSee sec. 6 of this Act. 



BANKS AND BANKING.— General Laws— 1842. 119 

Liability for misconduct — Duty of Receivers. 

may be, shall receive as full compensation for their services one and ^joq™'^ 
a half per centima for the first fifty thousand dollars collected and 
paid out by them or him, one per centum on the next hundred thou- 
sand dollars, so collected and paid out, and one half of one per 
centum for any balance they may so collect and pay ; and in case of f/g^'^ddr' 
extraordinary services, his Excellency the Governor shall allow such ^^^^'^l^^^^' 
receivers such additional compensation as he shall deem reasonable. 

79. Sec. III. The issues of said bank or banks, shall first be g;jf';^Jtmn 
paid off and redeemed; Provided, that after due notice to the billed, 
holders for three successive months, published in two of the public 
gazettes published in the City of Milledgeville, if said issues shall 
not then have been presented for payment, the said persons so ap- ^onth? oth- 
pointed, or receiver, shall proceed to pay off and discharge such other er liabilities 
liabilities as may be due and owing by said bank, in such manner as 
may be satisfactory to the creditors of said bank ; And j^rovided, also, J-uJds"^to 
that the persons so appointed, or receiver aforesaid, shall hold over and pay circuia- 

^ ^ . ^^ rf • 1 • r T ^"'" twelve 

retam a suincient sum to pay oii said issues, tor a term not exceedmg months, 
twelvemonths from the date of their appointment as receivers or re- 
ceiver. 

80 Sec. IV. Should said persons so appointed, or receiver, as ^jP^sSl^b 
the case may be, convert any portion of said assets, to their or his indi- receiver, 
vidual use and benefit, or for any other purpose than the payment of 
the liabilities of said bank, except for necessary contingent expenses 
and for the services of a competent clerk or officer, they shall be held ^r'^trTst dd^- 
liable to indictment as for larcen3^, after a trust delegated ; and upon s^ted. 
conviction thereof, shall be punished by confinement at hard labor in Punishment 
the penitentiary for a term of not less than three nor more than five 
years, at the discretion of the Judge before whom said case may be 
tried. 

81. Sec. V. If the property, effects, and assets of said bank or if assets in- 

sufficient 

banks, shall prove insufficient to pay its debts and liabilities, then suitt^^.stwk- 
and in that case it shall be the duty of said receivers, immediately 
to institute suit or suits, in their own names, as such receivers, against 
each of the stockholders of such bank, or the representatives of such 
stockholders, for the purpose of recovering from them, their propor- 
tionate part of such deficiency, according to the terms of the char- 
ter of such bank or banks, and such money when so collected, shall 
be divided among the creditors of such bank or banks, as in other 
cases hereinbefore directed.^ 

82. Sec. VI. When all the debts due by said bank or banks, After pay- 

ITlGTlt of 

shall have been paid off and discharged, the persons who may have debts, assets 
been appointed receivers as aforesaid, shall collect and divide the re- among^ 
maining assets among the respective stockholders in proportion to ^J.^*^^^'**^- 
the amount of stock held by them. 

83. Sec. VII. This Act shall not be construed as to affect the P^'^f "°^^^^- 

/-^ 1 »•» 1 z' tend to Cen- 

Central Bank of this State, in any manner whatever. trai Bank. 

84. Sec VIII. All actions brought by said receivers, shall be ^'V^s by re- 
in the name of said receivers ; and in case of the death of any one of 

said receivers before final judgment, said action shall not thereby 

[l.J See 8 Ga. JRep. 468, 486. 



pro rata. 



120 BANKS AND BANKING— General Laws— 1842-'43. 

Duty of E-eceivers — Issue of small bills — Publication of Reports. 

abate, but shall proceed to judgment, as if no such death had taken 
place. 
Payments 85. Sec. IX. Said reccivers 01 receivcr, shall uot pav Hiorc than 
a 'pro rata, share to each creditor of said bank or banks. 

Sec. X. All laws and parts of laws, militating against the pro- 
visions of this Act, be and the same are hereby repealed. 



An Act to permit all the specie-paying solvent hanks of this State^ to 
issue hills of a denomi nation less than five dollars. — Assented to 
Dec. 27, 1842. Pam. 31. 

soiventB'ks 86. Sec. I. Be it enacted^ That from and after the passage of this 
bills under Act, all spccic-paying and solvent banks in this State, be, and they 
am'ount of 5 are hereby authorized to issue small bills of the denomination of one, 
caJitaTauKL ^wo, three and four dollars, to an amount not exceeding five per cent 

of their capital stock.* 

Sec. II. All laws and parts of laws militating against this Act 

be and the same are hereby repealed. ^ 



An Act amendatory of the Act providing fortlu puhlication of the 
Bank Reports. — Assented to Dec. 22, 1843. Pam. 22. 

Banksto 87. Sec. I. Be it enacted. That the law requiring the returns of 

reports at the bauks to bc published at the expense of the State, be and the 

ex^^^" same is hereby repealed ; and hereafter the several banks shall be, 

and they are hereby required to publish their respective reports in 

some public gazette, at their own expense — any law to the contrary, 

notwithstanding.! 

On failure, 88. Sec. II. The bills of any bank failing to publish its return 

cievabie^ at as aforcsaid, within thirty days after making the same, shall not be 

Treasury, j-^ceived in payment of taxes, or at the Treasm-y of the State. 



An Act to amend an Act to compel the several hanks of this State to 
redeem their liahilities in specie and to provide for the forfeiture of 
the charter or charters of such as may refuse ; assented to on the 
18th Dec. 1840 : and an Act for the relief of certain hanks which 
have suspended specie payments^ against which judicial proceed' 
ings have heen instituted for the forfeiture of their charters , as- 
sented to on the 10th Dec. 1841, and also to anie?id an Act am^en- 
datory of the hefore recited Acts, assented to on the V^th Decem-herj 
1842.— Assented to Dec. 23, 1843. Pam. 21. 

Whereas, under the provisions of the several before recited Acts, 
judicial proceedings were instituted against the Bank of Columbus, 

*See ante, this title, sects. 7, 8, 9. 

fBy Act of Dec. 21, 1833, the reports were required to be published by the Gover- 
nor in •* as many of the gazettes of this State as he deemed necessary." By Act of 
Dec. 23, 1840, in two of the newspapers in Milledgeville. See also Act of 1850, sec. 95. 



BANKS AND B ANKING.— General Laws— 1843-'50. 121 

Assignees of defaulting Banks — Bank returns. 

the Planters' and Mechanics' Bank of Cohimbus, and the Chattahoo- 
chie Rail Road and Banking Company of Georgia, which resulted in 
decrees of forfeiture of their several charters, as provided for and 
contemplated by said Acts : And whereas^ prior to said decrees of 
forfeiture, each of said banking institutions had regularly made as- 
signments of all their property, real and personal, and all their debts, 
credits and effects, for the benefit of all their creditors and stockhold- 
ers : And whereas^ under the provisions of the said Act, assented to 
on the 13th December, 1842, no receivers have been appointed, and 
no person can be found willing and competent to act as such — 
therefore, 

89. Be it enacted, That from and immediately after the passage of Assignments 
this Act, the assignments severally made by the said banking institu- Sd^aiid^ 
tions aforesaid, by the Planters' and Mechanics' Bank to Robert B. 
Alexander, by the Bank of Columbua to Edward Gary, and by the 
Chattahoochie Rail Road and Banking Company to John Bethune,^ 
which assignments conform to the Act of the last General Assembly, 

and are of record in the Clerk's office of the Superior Court of Mus- 
cogee County, shall be taken, held and considered valid for all pur- 
poses, both in Law and in Equity. 

90. Sec. II. Said assignees shall have power and authority to P.^^ver ofaa- 
proceed forthwith to the settlement, collection and payment of the 

debts due to and from said banking institutions, according to the pro- 
visions of the said several deeds of assignment. 

91. Sec. III. Said assignees shall, upon motion, to any Court in JJf f^^^P^"'*'* 
which suit is or may be pending, for or against said banking institu- 
tions, and notice of said motion to all the parties to said suit served 

upon them personally, or upon their attorney at law of record, be 
made parties to said suits, and that they shall have full power to sue suits by and 
and be sued in their said character as assignees, for any demand due ^^'^'"' * 
to and from said banking institutions. 

92. Sec. IY. Said assignees shall be subject to the same duties, sameduties, 
responsibilities, pains and penalties, as are provided for receivers, in ceiVers. 
the Act of the last General Assembly of this State. 

Sec. V. All laws militating against the provisions of this Act, 
are hereby repealed. 

An Act to change, point out and regulate the manner iii which the 
returns of the several hanking institutions of this State shall here- 
after he made. — Approved Feb. 21, 1850. Pam. 60. 

93. Sec. I. Be it enacted, That after the passage of this Act, 

his Excellency the Governor of the State shall twice in each and on requi^i- 
every year require, by public advertisement for at least two weeks enlor twi?!' 
in a gazette printed at the seat of Government, each and every bank ^^^10 bt 
and banking institution in this State to make a just and true return "'^'*''' 
under the oaths or affirmation of its president and cashier, of the 

[1.] This recital insufficient evidence of the fact of assignment — and party is not estopped 
from denying it. 7 Ga, Rep. 90. 

16 



122 BANKS AND BANKING— General Laws— 1850. 

Bank Returns — Publication thereof. 

State and condition of such bank or banking institution, with the 
names of its president and directors, and a list of its stockholders, on 
the day of the regular weekly meeting of the president and directors 
thereof next preceding the date of such requisition by the Governor; 
and it shall be the duty of each and every bank or banking institu- 
tion, within thirty days after the date of such call by the Governor, 
Penalty for and uudcr the penalty now prescribed by law for a failure to make 
returns, to make and transmit to the Governor such return so required 
in lieu and stead of the return heretofore required, 
^nd^d'oubffui ^^' ^^^- ^^' ^^ ^^® respective returns required by the preceding 
debts. section, the good, bad and doubtful debts of said bank or banking in- 

stitution, respectively, shall be set forth as now required by law. 
Publication 95, Sec. III. When any bank or banking institution shall make 
fore. the return required by this Act, the same shall be published by such 

corporation within the time, under the penalties, and in the manner 
prescribed by existing laws, publishing the list of stockholders once a 
year only. 

All laws and parts of laws militating against this Act be, and the 
same are hereby repealed, 

[Statutes omitted as obsolete, repealed or superseded. Act of 1816, 
vol. III. 103; 1818, lb, 106; 1820, vol. lY. 70; 1821, lb. 70 j 
1824, lb. 71 ; 1826, lb. 75 ; 1833, Pam. 38 ; 1840, Pam. 26, 28.] 



BANKS AND BANKING.— Central Bank. 



123 



Analysis. 



AET. n. CENTRAL BANK.* 



Sec. 1. Established. 
" 2. Capital. 

" 3. Taxes and Dividends. 
" 4. Directors. 
" 5. Their Bond. 
" 6. Cashier— Bond— Oath. 
** 7. Directors — annually. 
" 8. Vacancies. 
" 9. President — Salaries. 
«« 10. Additional Clerk. 
" 11. Discounting. 
•' 12. Indebtedness. 
*' 13. Officer's qualification. 
" 14. Books, open. 
** 15. Style — Privileges. 
" 16. Circulation. 
" 17. Books — Annual Statement. 
" 18. Books — oi^en. 
*♦ 19. Bills, receivable. 
" 20. Indorsement — Protest. 
" 21. Renewals — Interest. 
" 22. Extent of Loans. 
" 23. Distribution of. 
" 24. Suits by. 
•* 25. Notes for collection. 
*• 26. Suits against. 
*' 27. Charter mav be altered. 
".28. Notes over $2,500. 
" 29. Annual reduction. 
•« 30. Distribution. 
" 31. Dividends from Stock. 
" 32. Transfer of. 
" 33. Debtors to State. 
♦« 34. Satisfied Bonds. 
*• 35. Interest. 
" 36. Books — how evidence. 
" 37. Control over. 
•' 38. Clerk — not director. 
« 39. Cashier's Salary. 
«♦ 40. Teller. 
♦' 41. Forfeited lands. 
•' 42. Parties to notes. 
** 43. Annual renewals. 
*' 44. And not semi-annual. 
" 45. Salaries of Officers. 
** 46. Loan of $150,000. 
" 47. Maker's Oath 
*• 48. Loan of $725,000. 
'* 49. Interest. 
" 50. Where chargeable. 
** 51. Loan extended. 



Sec 


52. 


<( 


53. 


(( 


54. 


«( 


55. 


<( 


5Q. 


(( 


57. 


<< 


58. 


<< 


59. 


(( 


60. 


(. 


61. 


a 


62. 


a 


63. 


<( 


64. 


(( 


65. 


(C 


66. 


(( 


67. 


<( 


68. 


(. 


69. 


(( 


70. 


(< 


71. 


(( 


72. 


(( 


73. 


(( 


74. 


(( 


75. 


<< 


76. 


(( 


77. 


i( 


78. 


(( 


79. 


a 


80. 


n 


81. 


n 


82. 


(( 


83. 


it 


84. 


(( 


85. 


<i 


86. 


(( 


87. 


(( 


88. 


(( 


89. 


l( 


90. 


«( 


91. 


(( 


92. 


(( 


93. 


<« 


94. 


(t 


95. 


(( 


96. 


<( 


97. 


(( 


98, 


(( 


99. 


<( 


100. 


a 


101. 



Appropriations. 
Redemption of loan. 
Charter extended. 
Attorneys. 

8 per cent, on overdue paper. 
Purchase of Exchange, 
Interest on suits. 
Circulation. 

Non- specie paying banks. 
Sale of Bank Stock. 
State's Director. 
Education Fund. 
Appropriations. 
Expenses of Legislature. 
State Bonds. 
State Guaranty. 
Sale of Bonds. 
Sale of Stocks. 
Appropriations. 
Change Bills. 
Darien Bank Charter. 
Control of Central Bank. 
Renewal of notes. 
Directors reduced. 
Duty. 

Settlement with Debtors. 
Real Estate. 

Liability of Central Bank. 
Suits vs. Darien Bank. 
Proceedings. 
Renewals. 
Sale of Stocks. 
Military Claims. 
Interest on Public Debt. 
Repealing clause. 
Loans prohibited. 
Repealing Statute. 
Appropriations . 
No new discounts. 
State Pledged. 
Bills burned. 
One Director. 
Discharge of Officers. 
Redemption of Bills. 
Insolvent Clauns. 
Agent authorized. 
Commutation of Bonds. 
State Pledged. 

Afi'airs of the Bank of Darien. 
Charter extended. 



*The compiler has retained under this title all the legislation on this subject, whether 
repealed or in force — noting the former. The reason for this is, the necessary and 
fre^iient reference to these Acts, by legislators and Coiu'ts. Consult with this title, also, 
the title " Public Debt." 



124 BANKS AND BANKING.— Central Bank— 1828. 

Charter — Capital stock — Directors. 



An Act to establish a bank at Blilledgeville, to be called and known 
by the name and style of '' the Central Bank of Gcorgia^''^ to ap- 
propriate Moneys, Bank Stock, and other Securities, to form the 
Capital Slock of said Bank, and to incorporate the sam^e. — Ap- 
proved Dec. 22, 1828. Yol. lY. 86. 

Preamble* Whercas, it is deemed expedient and beneficial both to the State 

and its citizens, to establish a bank on the funds of the State for the 

purpose of discounting paper, and making loans upon terms more 

advantageous than has been heretofore customary : 

The Central 1. Be it therefore enacted, That a bank shall be established in be- 

Georgia es- half of the State of Georgia, at Milledgeville, in said State, to be 

Mmedgl ^* known and called by the name and style of "the Central Bank of Geor- 

^'^^*'* gia," in the manner and on the conditions and limitations hereinafter 

expressed. 
What shall 2. Sec. II. The moucy in the treasury of the State, not other- 
the capital wisc appropriated ; the shares owned by the State in the Bank of 
atock. Augusta, in the Planters' Bank of the State of Georgia, in the Bank 
of the State of Georgia, and in the Bank of Darien ; and all bonds, 
notes, specialties, judgments due the State ; and all moneys arising 
from the sales of fractions and town lots heretofore made (and here- 
after to be made) ; and all other debts and moneys at any time due 
the State, shall constitute and form the capital stock of said bank; 
and the same are hereby appropriated for that purpose, and are and 
shall be vested in the president and directors of said bank, and their 
successors in office, as hereinafter prescribed ; and shall be and re- 
main the capital stock of said bank, and subject to the payment of 
The Direct- ^ \)'^^ and iiotcs issucd by said bank : and it shall be the duty of 

ors to collect c\ 

debts due the dircctors to collect the debts due the State as early as practicable ; 

the State. . 

Proviso. * Provided, however, that every person in debt to the State may be 
allowed to renew his, her, or their notes, bonds, or other specialty, 
agreeably to the provisions of this Act. in the same manner as persons 
borrowing money on accommodation paper : and provided further, 
tha»: when the time of payment has been extended by the State, and 
when payments are not yet due, no suit shall be commenced until 
the times of payment shall arrive. 
Taxes and 3. Sec. III. All the taxcs hereafter to be collected on account of 
de^ndstlTbe the State, and all its dividends arising from stock in other banks, 
deposited. gj^aH bc depositcd in said bank, to aid and facilitate its operations ; 
subject, nevertheless, to all the drafts on the part of the State, author- 
pTOTiso. ized by legal appropriations ; Provided, nothing in this Act shall be 
so construed as to interfere with the appropriations of the proceeds of 
the bank stock heretofore set apart for the purposes of internal im- 
provement and education. 
Directors to 4. Sec. IY. There shall be three* directors of said bank, who 
by 'the^ Gov- shall be appointed by his Excellency the Governor, to superintend 
Th^y shall ^-^d maiiagc the affairs of said bank ; which said directors shall elect 
dem^ ci?hSr^ president from among their own body to preside over said institu- 

aod clerk. 

*Two dispensed >vith by Act of Dec. 28, 1842, sec. 93. 



BANKS AND BANKING.— Central Bank— 1828. 125 

Cashier — President — Clerk. 

tion ; and the said president and directors shall have power to elect 
a cashier and clerk ; and the said cashier and clerk, so appointed, shall 
remain in office so long as they continue to discharge their respective 
duties with fidelity ; subject to removal by the Governor, the presi- 
dent, and directors of said bank ; and any officer, so removed, shall 
not again be eligible to hold any office in said bank. 

5. Sec. V. That the directors of said bank shall, before entering The direet- 
upon the duties of their office, severally make and deliver to his Ex- 
cellency the Governor for the time being, and his successors in office, 

their bonds, with good and sufficient securities in the sum of one 
hundred thousand [dollars,] for the faithful discharge of their duties 
as directors aforesaid. 

6. Sec. YL The cashier of said bank, before entering upon the cashier shaii 
duties of his office, shall make and deliver to his Excellency the and security 
Governor, for the time being, and his successors in office, his bond, $100^000!" 
with good and sufficient securities, in the sum of $100,000, condi- 
tioned for the faithful discharge of his duties as cashier aforesaid ; aiso aii otb- 
aiul all other officers of said bank shall each give bond and security, 

in the manner and form aforesaid, in the sum of $20,000; which Bonds to be 
bonds, so taken, shall be, by his Excellency the Governor, deposited ^^^^' 
in the office of the Comptroller General ; and all the officers of said And shaii 
bank, before entering on the discharge of their respective duties, 

shall take and subscribe the following oath, to wit : ''I, , oath. 

do solemnly swear, that I will faithfully discharge the trust reposed 

in me, as of the Central Bank of Georgia ; so help me God ;" 

which oath shall be taken in writing, signed by the party, and filed 
in the Executive Department. 

7. Sec VII. Immediately after the passage of this Act, his Ex- Directors to 
cellency the Governor shall appoint three directors, who shall con- annuTny"^^ 
tinue in office until the first day of January, 1830 ; at which time, eiigibie'J^ ^^ 
and on every first Monday in January thereafter, he shall appoint 

three directors for said bank : and provided y he shall fail to appoint Proviso, 
at the time above mentioned, the old directors shall continue in of- 
fice until his Excellency the Governor shall make such appointments 
on any day thereafter ; and such directors shall be eligible to re-ap- 
pointment. 

8. Sec. YIII. When any vacancy shall happen in said board of vacancies, 
directors, his Excellency the Governor shall fill the same. 

9. Sec IX. The president of said bank shall receive for his President's 
salary the sum of $1,500 per annum ; the other directors of said bank fj^JsJo'. 
shall receive for their salaries $700 each per annum ; the cashier of Kjo^eS ' 
said bank, who shall perform the duties of cashier and teller of said casiiier, 
bank, shall receive for his salary $1,500 per annum ; and the salary clerk,* 

of the clerk, who shall perform the duties of discount clerk and book- ^^'^^^* 
keeper, shall be $1,000 per annum: which said salaries shall be 
payable quarter-yearly.^ 

10. Sec X. The Governor, the president, and directors of said May appoint 
bank be, and they are hereby authorized to appoint another clerk, wheTnece'^ 

sary. 

* Salaries increased by Acts of 1831 and 1836, sees. 39, 45. Reduced 20 per cent, by 
Act of Nov. 11, 1841, see «« State Officers," sec. 53. 



126 



BANKS AND BANKING-^Central Bank— 1828. 



Discountln;:? bills — Debts — Books — Style — Privilee;es. 



with a salary of f 1,000 per annum, whenever, in their judgment, 
the business of said bank require it ; to whom shall be assigned such 
part of the duties hereinbefore mentioned as they may think proper. 

11. Sec. XI. The said bank shall discount bills of exchange 
and notes on two or more good securities or indorsers ; and the presi- 
dent and directors of said bank are hereby vested with power to re- 
quire additional security on any note, or bill of exchange, made pay- 
able at said bank, when, in their opinion, the interest of said bank^ 
shall require it. 

12. Sec. XII. The total amount of the debts which the said 
bank shall at any time owe, shall not exceed the amount of its capi- 
tal.^ 

13. Sec. XIII. No person, who is not a citizen of this State, or 
who is a director of any other bank, or copartner of any such director, 



Shall dis- 
count bills of 
exchange 
and notes. 

May require 

additional 

securitj'. 



Total amH 
of debts.. 



Q,ualifica- 
tions. 



Not to bor- 
row of the 
bank, &c. 



Books of 
proceedings 
open to the 
Legislature. 



Constituted 
a corpora- 
tion. 
Its style. 



shall be eligible as president or director of said bank ; nor shall the 
president, directors, or other ofiicer of this bank be entitled to borrow 
any amount of money from said bank, or shall their names be receiv- 
ed as indorsers in said bank. 

14. Sec XIY. The directors shall keep fair and regular entries 
in books, to be kept for that purpose, of their proceedings ; and on 
any question, when one director shall require it, the yeas and nays of 
the directors voting shall be duly inserted on their minutes, and those 
minutes be at all times, on demand, produced to the Legislature, or 
any committee thereof, wlio may require the same. 

15. Sec. XY. The said bank is liereby incorporated, and made 
a corporation and body politic, by the name and style of the '• Central 
Bank of Georgia,'' and so shall continue until the first day of Janu- 

Priviieges. 3-^7? 1840 ; and by that name shall be, and is hereby made able and 
capable in law to sue and be sued, plead and be impleaded, answer 
and be answered, defend and be defended, in Courts of record, or any 
other place whatsoever ; and all suits and proceedings, instituted in 
any of the Courts in this State, shall be in the name of the '' Central 
Bank of Georgia," and not by attorney, as is usual with corporate 
bodies ; and also to make, have, and use a common seal, and the same 
to break, alter, and renew at pleasure ] and also to ordain, establish, 
and put in execution such by-laws, ordinances, and regulations, as 
shall seem necessary and convenient for the government of said cor- 
poration ; not being contrary to the lav^^s or constitution of this Stat •. 
18. Sec. XYl. The president and directors of said bank shall 
have power to issue notes, signed by the president, and countersign- 
ed by the cashier, on behalf of said corporation, for such sums, and 
with such devices as they may deem most expedient and safe ; and 
shall be capable of exercising such other powers and authorities as 
may be necessary for the well-governing and ordering the affairs of 
said corporation, and of promoting the interest and credit thereof.f 
17. Sec. XYII. Ail the transactions, operations, and accounts of 



May have 
and use a 
common 
seal. 



Proviso. 

May issue 
notes. 



*EopeaIed by Act of Dec. 21, 1839, sec. 1— tliat section repealed by Act of Dec. 22, 
1812. See sees. 59 and 83. 
tSee sec. 90. 



[1 J See 2 Kelly, 93, 



LAW LIBRARY 

UNIVERSITY DF GEORGIA 
ATHENS, GEORGIA 



BANKS AND BANKING.— Central Bank-^1828. 127 

Notice oi protest — Interest — Loans. 

said bank shall be fairly kept in books, to be provided for that pur- '^^J^'''^^^''' 
pos3, and that the said books shall at all times be open to the inspec- j^i'^l^'jj^ f^'""- 
tion of his Excellency the Governor ; and that a general statement Annual 
of the transactions of said bank, signed by the president, and counter- ^'^'^^*'"^®"*" 
signed by the cashier, shall be made annually, on the first Monday 
in November, to his Excellency the Governor, and by him laid be- 
fore the General Assembly. 

18. Sec. XVlIi. The books of said bank shall be open to the Books open, 
inspection of the General Assembly, or any committee appointed for 

that purpose. 

19. Sec. XIX. The bills or notes of the said corporation shall buis i-cceiv- 
be receivable inpayment of all taxes and debts due the State. state.^^ ^'^ 

20. Sec. XX. The directors of said bank shall not require town Town in- 
indorsers upon any note or obligation made payable at said bank, „otSoT'^ 
when the country indorsers are deemed amply responsible to secure Jessa'ry."^* 
the payment of the same ; and no notice or protest shall be neces- 
sary to charge any indorser, nor shall any charge be made by any 
notary public, for noting for non-payment or protesting any note due 

at said bank. 

21. Sec. XXI. On all accommodation notes running at said bank. Notes re- 
the makers thereof shall renew their notes once in six months at least* semiim ' 
by paying up the interest in adv^ance, at the rate of six per centum fniircst six 
per annum, or for shorter periods, as the said makers may think pro- p'^^'' ^'^^^• 
per ;^ Provided, nevertheless, that the directors may call at any time Additional 
on the maker of any discounted note for additional security, and if he b?feq!ured? 
shall refuse or neglect to comply within twenty days after notice, 

said note shall be deemed and considered due, and suit shall be [com- 
menced] immediately. 

22. Sec. XXII. The directors of said bank shall loan as much Extent of 
money upon accommodation paper as the interest and safety of said mi^IatS?'^^ 
bank will permit, and they shall not require to be paid upon such ac- iJi^iVali^per 
commodation loans more than twenty per centum, per annum of the ce"[-^" ^^e 

•' ^ ^ paid annual- 

prmcipal thereoi, unless the exigencies of the oank shall require it.f ly- 
Sec XXIII. [Directing the procure Qieiit of plates. Temporary.] 
Sec XXIV". [Respecting the commencement of operations. 

Temporary.] 

23. Sec XXY. The directors of said bank shall distribute their Loans, how 
loans as equally as practicable among the citizens of this State, having med',amin^t 
due regard to the population of the different counties : and no loan amount'lf '^ 
made by said bank to any one person or body corporate, or any society, "^^^ '^^^ 
or collection of persons whatsoever, shall exceed $2,500 ; nor shall 

the directors of the Central Bank at any time pui in circulation the bills 
thereof to a greater amount than the aggregate of specie and bills of 
the other chartered banks of this State, and the bills of the Bank of the 
United States in its vault. ^ J 

24. Sec XXVI. All suits commenced by said corporation upon How to sue 
any note, bill, bond, or obligation, upon Vv^hich there shall be any l;",idi^%'c, 

* Annually, sees. 43, 4i. Interest, 8 per cent, if not paid at maturity, sec s oC, 58. 
tSee sec. 23, 87. ISee sees, ot), 88. 

[1.] See 2 Kelly, 93. [2.] See 2 Kelbj, 93. 



128 BANKS AND BANKING— Central Bank— 1828-'29. 

Suits on notes — Suits vs. Bank — Bank dividends and stock. 

iiidorser or indorsers, the maker or makers, together with the iiidors 
er or indorsers, or their representatives, may be embraced and sued 
in the same action, and no proof of notice, demand, or protest shall 
be required on any trial to authorize a recovery.^ 
No note, &c 25. Sec. XXYII. Tlie president and directors shall not allow 

to be taken •t-ii • i i-n 

for coiiec- any mdividuai, company, or corporation, to place any note, bill, or 
obligation in said bank for collection. 

t^o^'beS- ^^- ^^^- XX^III- The Central Bank of Georgia shall be sub- 
bow served, ject and liable to be sued in Law and Equity, and a copy of any 
process left at the banking-house shall be deemed good and suf- 
ficient service. 
c?iarter may 27. Sec. XXIX. Nothiug lu this Act coutaiued shall be so con^ 
repeaS ^'^ strucd, as to prcvcut the alteration or repeal of any part, or the whole 
of this Act, should any subsequent General Assembly deem such 
alteration or repeal expedient. 



An Act to amend ^^ An Act to estahlish a hanh at MilledgeviUe, to be 
called and known by the name and style of the Central Bank oj Geor- 
gia, to aj)j)ropriate Moneys, Bank Stock, and other securities, to fry m 
the Cajntal Stock of said bank, and to incori^orate the same f passed 
on the 22 d oJ December, 1828; and also to provide frr the disposi- 
tion and sale of lands frrfrited to the State. — Passed Dec. 19, 1829. 
Vol. lY. 87. 

Notes of 28. Nothing contained in the said Act shall be so construed as to 

p^y may prcvcut or prohibit the directors of the said bank from allowing any 
be renewed, p^j-gon indebted to the State, in a sum exceeding $2,500, from renew- 
ing his, or her, or their notes, bonds, or other specialties, for the 
whole amount of his, her, or their debt, according to the provisions of 
the said Act. But the said bank shall allow any person indebted to 
the State, in any amount, to run notes in said bank for the same. 
20 per cent. 29. Sec. II. Nothing contained in tlie twenty-second section of 
be paid an- the said Act sliall be so construed as to prohibit the directors from 
Huaiiy. requiring to be paid in, upon loans already made, or hereafter to be 
made, twenty per centum per annum on the original amount of the 
said loan. 
Loan^-i to be 30. Sec. III. Thc dircctors of the Said bank shall hereafter dis- 
popuiatkfn. "" tribute their loans as equally as practicable among the citizens of this 
State, having due regard to the population of the different Counties, 
on the basis fixed by the seventh section of the first article of the 
constitution. 
Banks to re- 31. Sec. IY. The dircctors of the bank shall be, and are hereby 
dividends authorizcd and required to receive all dividends which may become 
stSj'^&c!^ due on the bank stock now owned by the State, and to pay over so 
much thereof as has been heretofore set apart for internal improve- 
ment and education, to the Treasurer. 

32. Sec. Y. The directors of the said bank be, and they are 

(2.) This section applies to notes, not made payable at Central Bank. The defendan^t, 
1iowevei\ may prove the want of demand, &c in defence, 1 Kelly, 418. 593. 3 Kelly, 185, 



BANKS AND BANKING.— Central Bank.— 1829. 129 



Debtor-! to State — Conies of books. 



hereby authorized and required immediately to take the necessary ;^.^^P'f«J"^7 * 
measures to procure a transfer on the books of the several banks in ^JJ^|;\^'^"^ 
which this State owns stock, of the said stock so owned by the longing to 
State, in the said banks respectively, to the said Central Bank of ^ ^ 
Georgia ; and that the said several banks in. which the State owns 
stock, be, and they are hereby authorized, on the application of the 
directors of the said Central Bank of Georgia, to transfer all the said 
stock so ov/ned by the State in such banks respectively, to the said 
Central Bank of Georgia. 

33. Sec. YI. Persons indebted to the State for lands, or other Dejj^'jr^s^of 
real estate, bond, note, or otherwise, and where the said debt is pay- may put in 
able b}^ instalment, be, and they are hereby allowed to discount vvhen"he*'"' 
their notes in the said bank for the whole amount of the said debt, d-iSr^-^'^ 
upon the same conditions, reservations, and restrictions as other -^^^i'"®"^- 
debtors of the State are allowed to obtain discounts ; and that in 
estimatinar the amount due on such debt, when such debt does not int^esttobe 

1 1 f r- deducted. 

bear interest, a deduction shall be made thereu'om oi an amount 
equal to the discount of six per cent, on the debt, from the time the 
said discount shall be granted, until the same shall become payable, 
according to the terms of the original bond, note, or contract ; and 
that upon the note of such debtor being discounted as aforesaid, and cJi-nta for 
the proceeds thereof passed to his credit and his check given therefor, such cases t* 
he shall be, and is hereby authorized to demand of his Excellency &cl*^"^ ' 
the Governor, a grant, or such other title to the said land, or real 
estate, as he would have been entitled to receive upon a full compli- 
ance with the terms of the original contract : Provided^ that before Proviso, 
he shall be entitled to demand or receive the said grant, or other ti- 
tle, he shall be required to deposit in the office of tlie Surveyor Gen- 
eral a certificate, signed by the cashier of the said bank, that his 
said debt has been fully settled by note or notes. And provided alsoj 
that nothing herein contained shall be so construed as to affect any 
security or lien which the State may have on any lands, or other 
real estate, for securing the payment of any debt which has been 
transferred to the said bank, and for which a note has been already 
discounted by the said bank. 

34. Sec. YII. The directors of the said bank be, and they are satisfied- 
hereby authorized to deliver to the obligors, or makers, all bonds, brdeiive'ie? 
notes, or other obligations, which have been transferred to the said"^' 
bank, and which have been, or may hereafter be, fully paid and sat- 
isfied. 

35. Sec. YIII. In making settlements with the debtors of the interest from 
State, the directors of the said bank shall denaand and require the 
payment of interest thereon, from the time the said debt became 

due, according to the terms of the original contract. 

36. Sec. IX. In no suit or action in any Court of this State^ in Books not t<» 
which the said bank may be a party, shall it be lawful for the other in courTf 
party or parties to require the said bank to produce the books of the 

bank into Court in evidence; nor shall it be lawful for such party or 
parties to require, by subpoena or otherwise, the attendance of any 
officer of the said bank in Court, on the trial of such cause. But 

17 . ^ 



130 BANKS AND BANKING— Central Bank—1829-'31. 

Power of Legislature — Of direction. 



The con- 
tents to be 



whenever, in any such suit, it may become necessary for the attain- 
pi-ovedon meut of justice, that the evidence contained in the said books, or 
' the testimony of such officer should be had, it shall and may be 
lawful for either party in such cause, requiring such evidence or 
testimony, to take out a commission, in the usual manner, to exam- 
ine the officers of the said bank, as to the contents of the said 
books, ^ or as to their own knowledge of the facts, notwithstanding 
such officer may reside in the County in which such suit may be 
pending. 

Sec. X. and XL [Directing the sale of forfeited and undrawn 
lands, are presumed to be executed and obsolete.] 
TheLcgisia- 37. Sec. XII. lu directing, by the second section of the Act 
ed'^of no con- establishing the bank, the transfer ^to it of all the bonds, notes, spe- 
^Jj^j^^'^^^'^*' cialties, judgments due, or to become due to the State, the General 
Assembly did not divest the State of any of its rights, powers, priv- 
ileges, or immunities, reserved by law, or accruing to it in virtue of 
its sovereign capacity, in regard to the collection of the aforesaid 
bonds, notes, specialties, &c. further than to vest the said rights, 
powers, privileges, and immunities, in the said president and direo- 
what rights tors. Aud all the aforesaid rights, powers, privileges, and immuni- 
the p*Si '" ties, are hereby declared to be vested in the president and directors 
of the said bank, by them to be used, enjoyed, and exercised, in 
behalf and for the benefit of the' State, in regard to the aforesaid 
bonds, notes, specialties, judgments, &c.; and all notes that have • 
been, or may hereafter. be discounted, in renewal of them in terms 
of the charter, and all other notes and bills of exchange that have 
been, or may hereafter be discounted by said bank, in as full, perfect, 
absolute, and unqualiiied a manner, as they could have been us6d, 
enjoyed, and exercised by the State, had no such transfer been 
made, or such bank been established. 
No clerk of 38., Sec. XIII. From and after the passing of this Act, it shall 
Sail be a uot 1'^ lawful for auy clerk or clerks of the Central Bank to be a di- 
anTb^'iik^ rector of any other bank in this State. 

Repealing Sec. XIV. All laws aud parts of lav/s militating against this 
Act are hereby repealed. 

A?i Act to ainend in part the ninth section of an Act to establish a 
Bank at Milledgeville, to be called and knoion by the name and 
style of ^Hhe Central Bank of Georgia^^^ to appropriate Moneys, 
Bank Stock, and other Securities, to form the Capital Stock of 
said Bank, a-nd to incorporate the same, so far as regards the 
salary of the Cashier of said Bank. — Passed Dec. 26, 1831. 
Pam. 45. _ . 



dent and Di- 
rectcro 



clause. 



Cashier's 



39. Sec. I. From and after the first day of January, 1832, the 
salary casliicr of tlic Central Bank of Geor2;ia, shall receive for his salary 

^2 000. o ^ -' 

the sum of $2,000 per annum, which salary shall be payable quar- 
ter-yearly.^' 

*See "State OScers," sec. 53. See sec. 45 of this title. 
(1) ConMued to cases in whicli the bank is a party, 6. Ga. 365' 



BANKS AND BANKING.—Central Bank— 1832-'33. 131 

TcUer — Sale of land. 

Sec. II. All laws or parts of laws militating against this Act, are 
hereby repealed. 



An Act to authorize the president and directors of the Central 
Bank of Georgia^ to appoint a.n additional ojfcer in said Bank, 
to be ca kid and known as Teller. — Approved Dec. 22, 1832. 
Pam. 2G. 

40. From and immediately after the passage of this Act, the Allowed to 
president and directors of the Central Bank of Georgia, be and they tcuTr? 
are authorized and required to appoint under like restrictions and 
obligations with the clerks of said bank, an additional clerk, to be 
styled and known as the teller of said bank, with a salary of ,^1,000 

per annum, payable as the salaries of other officers now are, and to 
assign him such part or portion of the labors of said bank, as may 
in their judgment be most advisable; who shall be appointed and 
hold his office in like manner and under the same tenure with the 
other officers in said bank.* 

An Act to alter and amend the tenth section of an Act passed De- 
cember 19, 1829, in relation to the Central Bank of Georgia, 
and to provide for ihe sale and disposition of lands forfeited to 
the State.— A])j)iQved Dec. 23, 1833^ Pam. 37. 

41. From and after the passage of this Act, it shall be the duty 

of the president and directors of the Central Bank of Georgia, to cause ^''f' '*"" """^ 
all the lands wnich have been or may hereaiter be forfeited to the '\"f "'i-'^itcd 
State, and all lands which were intended to be disposed of but were a^'i in'iu- 
not drawn for in the several land lotteries of the State, to be sold at ^'"^ 
public outcry, before the Court house, at the following places, to 
wit : Hawkinsville, Macon, Columbus, Newnan, Campbell-town, 
and La Grange, between the usual hours of Sheriff's sales, on such 
days as the said directors may deem best : Provided, always, that 
sixty dajrs previous notice of the time and place of such intended 
sale, with a description of each tract of land intended to be sold, 
shall be published first in one of the gazettes printed in the circuit in 
which such land may be situated, if there be such gazette, and also 
in the gazettes in Milledgeyille : Provided, in all cases, that the 
purchaser or person holding the certificate, shall be allowed to stop 
the sale by coming forward and paying up the principal with all in- 
terest due the State for such forfeited lots or fractions ; and grants 
shall issue to the holders of such certificates in the usual way, as 
though such lots had not been forfeited : Provided, also, no sale be 
advertised previous to the first day of March next : Provided, also, 
they come forward and pay up before the day of sale.f 

Sec. II. That all laws and parts of laws militating against this 
Act are hereby repealed. • * 

*Ofnce discontinued. See subscr^uent Acts. 

•f-Sn'^fr 'p'1n 1 i"v '^'-'h-^pq-ap-'Tt \"f-:. R'^o t".f''e *' L^inds." 



132 



BANKS AND BANKING.— Central Bank— 1835-'36. 



Names on notes to be residents — Notes renewable — Salaries. 



An Act to be entitled An Act to provide for the more equitable distri- 
butio7i of the ^ livid fiids of the Central Bank of Georgia. — Ap- 
proved Dec. 24, 1835. Pam. 34. 



42. Whereas, the Central Bank of Georgia was created for the 
be e; t f the c ens rry Comity in the State, and whereas, 

individuals residing in Counties contiguous to the said bank are 
in the habit of borrowing the names of irresponsible individuals in 
other Counties and drawing the amount of dividend designed for the 
citizens of these Counties, for remedy whereof — 

Be it enacted, That from and after the passage of this Act, no 
note shall be discounted in the Central Bank of Georgia unless the 
reskicnts of ppj-ci- -} ^^^ j||} ; orser hal be residents of the respective 
ensitiefi. Couiities entitled to said dividends: ProyiJct:/, that "nothing herein 
coptained shall be so construed as to require the officers of said 
iH-io'er,ds bank to retain the amount of dividend, or any part thereof, more 
?ain-d ^ioRg- ^^^^^^ thirty days after the same shall have been actually declared 
er than 30 and made,' any law, usage or custom to the contrary notwithstand- 
ins:. 



©n notes 
shall he 



Notes 

nevvdbl 

nually, 



An Act to alter and amend the tiventy-first section of an Act to 
establish a. Bank at Milledgeville, to be called and known by the 
name and style of the ^' Central Bank of Georgia,''^ 6fc. passed 
2;/ / '^r. Ib^d, Si Jar as to require notes runniiig and payable at 
said bank, to be renewed once in every ttoelve months, instead of 
once ifi six months, as is by said Act now required. — This Act 
approved Dec. 22d, 1836. Pam. 43. 

43. Sec. I. From and after the passage of this Act, that on all 
accommodatimi notes, running and payable at said bank, the makers 
thereof, shall, when the same become due, renew their notes once in 
twelve months thereafter, and on all accommodation, payable and 
hereaftsr discounted at said bank, the makers thereof shall renew 
their notes once in twelve months at least, after the date of said notes, 
under the same rules and regulations as are by said Act prescribed 
for the renewal of notes in said bank. 

44. Sec. II. So much of said twenty-first section of said Act, 
as requires makers of notes running at said bank, to renew the same 
once in six months, be, and the same is hereby repealed : Provided, 
however, that this Act is not to be so construed, that makers of notes 
now payable and running at said bank, shall not be required to renew 
their notes at the expiration of six months from their date. 

Sec. III. All laws repugnant to this Act, be, and the same are 
hereby repealed. 

An Act to increase the Salaries of the Cashier and other Officers of 
the Central Bank. — Assented to Dec. 24, 1836. Pam. 251. 

g^ . . 45. Sfc. I. From and after the passage of this Act, the cashier 
tbo officers Qf said baiik, shall receive for his salary, the sum of |2,500 per annum. 

raised. ' 



and n'-' : 
scini-?.ni 
ally. 



BANKS AND BANKING.— Central Bank— 1837. 133 

Loan — Maker's affidavit — Loan. 



The salary of the teller shall be $1,500 per aiiiiiim. The salary of 
the discount clerk, shall be $1,250 per annum, and the salary oi" the 
book-keeper, shall be $1,250 per annum, which said sabiiies shall 
be paid quarterly.* 

Sec. IL [Repeals all militant Acts.] 

An Act to aittiwrize the Directors of the Central Bank to borrow 
one hundred and fifty thousajid dollars, for tlie piuyose of carry- 
ing out the promised distribution to the citizens of this State, not 
yd provided for.— Aasented to Dec. 13, 1837. Pam. . 39. 

46. Sec. I. Be it enacted, That the directors of the Central Jo|"o^ 
Bank be, and they are hereby authorized and required to borrow, " 

on the credit of said bank, on the best terms the same can be pro- 
cured, one hundred and fifty thousand dollars, to enable them to car- 
ry out their distributions to the several Counties, not yet provided 
for. 

Sec. II. All laws and parts of laws militating against this Act, 
be, and the same are, hereby, repealed. 

An Act to alter and amend: the Charier of the Central Bank of the 
State of Georgia. — Assented to Dec. 23, 1837. Pam. 40. 

47. Sec. I. Be it eriactcd, That when any person may, or shall Affidavit of 
hereafter offer a note at tiio said Central Bank of Georgia, for a new dis^r, ■,,,« is 
discount, that the same shall be accompanied with an affidavit, in use!'" ^""^ 
wntiiig, to be m,ade by the makei: of said n^te,^ which shall state that 

the note oilered, is'fpr the only use and benefit of him, the maker, 
and not for the use, benefit or interest, of any other person or persons 
whatsoever, which affidavit shall be filed and kept by the cashier of 
said Bank, and if any new note, as aforesaid, shall hereafter be offer- 
ed for disccunt at said Bank, without being accompanied by an affi- 
davit, as aforesaid, the same shall not be discounted. 



An Act to authorize the Directors of the Central Bank to borrow a 
certain sum of nioiyy therein, named for the use of the State. — iis- 
sented to Dec. 25, 1837. Pam. 38. 

48. Sec. I. Be it enacted, That the directors of the Central ^-^^"^ of 
Bank be, and they are hereby authorized to borrow on the credit cf 
the State, for the period of twelve months, a sum of money not ex- 
ceeding seven hundred and twenty-five thousand dollars, at a rate of 
interest not exceednm- lawful interest, for the purpOoC of meetinar the '^^ ™'',':! ** 

~ ' r r *^ o expenditures 

expenditures of the Government, for the political year 1838, to be ^f the gov- 
raised in such amounts and at sucTi times as the said directors shall 
believe necessary to meet such expenditures. 

*A11 tliese offices disj;uniied with except cashier. See subsequent Acts. See also, 
** State Officers," sec. 53. 



134 BANKS AND BANKING— Central Bank— 1838. 

Hoy/ applied — Extension of loan — Charter extended — Interest on paper overdue. 

Interest. 49. Sec. II. The money borrowed under this Act shall com- 

mence to draw interest when the same shall be received by the said di- 
rectors or agents, and shall be payable twelve months from that date. 

When paid, 50. Sec. III. Tlio dircctors of said bank be instrncted to pay 

c-lplSi ^ said loan, as the same shall fall due, and charge the same to the cap- 

stock. ^^^Y stock of said bank. 



An Act to authorize the Directors of the Central Banlc to extend the 
loan made by them, or to horroiv a S2im of mmiey therein express- 
ed. — Assented to Dec. 28, 1838. Pam. 44. 

Extension of 51. Sec. I. Be it enacted, That the directors of the Central 
"' Bank be, and they are hereby authorized to contract for an extension 

of the time upon which the money authorized to be borrowed by 
them, under an Act of the last Legislature, was procured ; or to bor- 
row upon the credit of said bank, the sum of six hundred thousand 
dollars : Provided, that the time to which said loan may be extend- 
ed, or upon which the money hereby authorized to be borrowed may 

not exceed- be obtained, shall not exceed the period of two years, from the time 

^yi.xT.^ of making the contract under this Act. 

Applied to 52. Sec. II. The money procured under this Act, shall be ap- 

Ss?"*' plied by the Central Bank, to the payment of appropriations made 
by the present and past sessions of the Legislature. 

i^>an to be 53. Sec. III. Tlic dircctors of the Central Bank shall pay the 

tht bSk! ^^^ loans hereby authorized, out of the funds of said bank, when the 
same shall fall due. 



An Act to am,end an Act to estaljlish a Ba?iJc at Milledgeville, to he 
called and known hy the name and style of the Central Banlc of 
Georgia, and to extend the charter thereof to appropriate monies, 
(^•c, to increase the capital stock of the same. — Assented to Dec. 
29, 1838. Pam. 45. 

Charter ex- 54. Sec. I. Be it cnocted, That the charter of the Central Bank 
May^ 1850?^^ of Georgia, passed the twenty-second day of December, eighteen 

hundred and twenty-eight, and the several Acts amendatory thereto, 

be and the same are hereby continued and extended, until the first 

day of May, in the year of our Lord, one thousand eight hundred 

and fifty. ^ 
Power to ap- ^5. Sec. II. The dircctors of the Central Bank of Georgia shall 
pmntatty's. j^^ve powcr aud authority to appoint such attorney or attorneys at 

law, or in fact, as they may deem necessary, and to revoke all such 

appointments at pleasure. 
8 per cent. 56. Sec. III. The dircctors aforcsaid be, and they are hereby 
p^jJ^P^^^J.^^ authorized to charge on all accomn;Lodation notes which are not paid, 
turity. or reucwcd at rnaturity, in accordance with the rules or usages of 

said bank, interest at the rate of eight (8) per cent, per annum, and 

*Extended to May 1855, by Act of 1850, sec. 101. 



BANKS AND BANKING.— Central Bank— 1839. 135 

Purchase of exchange — Isstie of bills — Sale of bank stock. 

on all bills of exchange or other paper not paid at maturity, interest 
at the same rate. 

57. Sec. IV. The directors aforesaid shall have power and au- May pur- 
thority to discount or purchase bills of exchange, or other paper, cilangJ^ '' 
which in their opinion may be good, without reference to the limita- 
tion contained in the 25th section of the charter of said bank, only 

so far as to authorize them to purchase exchange for the purpose of to pay intcr- 
remitting funds to pay intei;est on the State's bonds, or any other debt!" ^''^^^"^ 
debt contracted abroad, by authority of the Legislature.! 

58. Sec. V. In all suits instituted by said bank on demand due s per rent, to 
to it, it shall be authorized to receive and recover interest at the rate inaiTsuitT 
of eight per cent, per annum, after the maturity of the debt, besides 

cost. 



An Act to alter mid aine^id an Act to establish a Bank at Milledge- 
ville, to he called and known hy the name and style of the Central 
Bank of Georgia^ c^'c, passed^ on the 22d day of December, 1328. 
Assented to Dec. 21, 1839. Pam. 26. 

59. Sec. I. Be it enacted, That from and after the passing of May issue 
this Act, the directors of the Central Bank of Georgia shall be au- cieding'dou- 
thorized and empowered to issue and put in circulation any amount amJj^^t of 
of the notes of said bank, not exceeding double the amount of the C'^^tai. 
capital stock of said bank, and that so much of the 25th section of 

the Act above recited as prohibits tlie putting in circulation the bills 
of said bank for a larger amount than the aggregate amount of its 
specie and bills of other banks, and the 12th section of said Act, 
which provides that the total amount of debts which said bank may 
owe, at any time, shall not exceed the amount of its capital stock, 
be, and the same are hereby repealed. J 

60. Sec. II. The directors of the Central Bank shall be author- May refuse 
ized to refuse specie payment of its bills to the agent or holders of bSnks not 
any bank which has suspended specie payment of its bills. S'"^ ^^^' 

61. Sec. III. The directors of said bank proceed to sell and Bank stock 
transfer in such manner as the same may be required to be assigned the^sS ^ 
in behalf of this State, the shares owned by the State in the bank"^^^'^^ ^^^^' 
of Augusta, in the Planters' Bank of the State of Georgia, in the 

Bank of the State of Georgia, and in the Darien Bank, so soon, from 
time to time, as par value can be obtained for the same, and the 
money for which the same may be sold, shall become a part of the 
capital stock of said bank, under its control, and for its use ; Pro- except that 
vided, that said directors shall not sell or dispose of any shares or stock, university. 
the interests and profits of which have been heretofore by law se- 
cured to the use of the University of this State. 

62. Sec. 4. After the sale of the stock in any of said banks, no Director on 
directors therefor shall be appointed on the part of the State, and if^^" " 

*E.epealed, see sec. 88. 

tTliis Act was repealed by sec. 1 of Act Dec. 23, 1840, which sec. was repealed by 
Act Dec. 10, 1841, sec. 86. 
JUspealed, sec. 88. 



136 BANKS AND BANKING.— Central Bank— 1839-'40. 

Payment of appropriations — State bonds to redeem bills. 

a part only of the stock be sold, the directors on the part of the State 
shah be appointed accordingly by the General Assembly. 
Common 63. Sec. Y. Nothing in this Act contained shall be so construed 

not to be as to changc the funds now known as a common school fund for 
6 ange . ^|^^ State of Georgia, to any other purpose than that of public edu- 
cation ; but the said funds, and the interest arising therefrom, shall 
be applied to the purposes of education, as the law may direct. 

Sec. VI. All laws or parts of laws militating against this Act, 
be, and the same are hereby repealed. 



An Act to appropriate money for the political year eighteen hundred 
and forty. — Assented to Dec. 21, 1839. Pam. 15. 

Appropria- 64. Sec. XXXII. For the purposes of meeting the appropria- 
i&4o\o%e tions and defraying the expenses of government for the political year 
{rafsank^" eighteen hundred and forty, the president and directors of the Cen- 
tral Bank are hereby directed to place to the credit of the Treasurer 
of the State, from time to time, such sum or sums as may be re- 
quired to meet warrants drawn upon him by his Excellency the 
Governor, and also to meet the President and Speaker's warrants of 
and charged the prcscut scssiou, charging the same to the capital stock of said 
stock. bank, and to be certified by the Treasurer, entered upon the president 

and directors' receipts. 
Also expen- 65. Sec. XLV. Thc officcrs of tlic Central Bank be, and they 

ses of ses- . 

sion of 1839. are hereby required to furnish to the Treasurer in Central Bank bills, or 
in other current bank bills, such amount as may be necessary to meet 
the expenses of the present session, and the demands upon the treas- 
ury during the present political year. 



Aji Act to repeal an Act entitled an Act to alter and amend an Act 
to establish a Bank at Milledgeville^ to he called and known by 
the name and style of the Central Bank of Georgia^ c^c, passed 
on the^^dj day of December^ 1828, passed the tiventy-first day of 
December^ 1839, and to provide for the protection of the circula- 
tion of said Bank^ and other pmposes. — Assented to Dec. 23, 
1840. Pam. 22. 

Sec. I. [Repealing Act of 1839, itself repealed by Act ol Dec. 
10, 1841.] 
State bonds 66. Sec. II. And be it further enacted^ That the Governor of 
in^g $Y,oooj- this State be, and he is hereby authorized to execute the bonds of 
deem «)e tliis State, uot cxcceding one million of dollars, in sums not less 
ttii^Ban?"^^^^^ fivc dollars each, redeemable at the end of five years, or sooner, 
at the option of the State, bearing an 'interest of eight per cent, per 
annum, payable amiually in the Cities of Savannah, Augusta, and 
Milledgeviile, which bonds shall be used exclusively for the redemp- 
tion of the bills of the Central Bank, now in circulation, and those 
which this General Assembly may direct the issue of, to defray the 
expenses of, and the appropriations made by this General Assembly, 



BANKS AND BANKING.— Central Bank— 1840. 137 

Ilegulations as to bond — Appropriations. 

and for no other purpose ivhatsoever^ and only for that purpose to 
the extent necessary, after the just application of the funds of the 
Central Bank available for that purpose : Provided^ nevertheless^ 
that if it be practicable to obtain specie for the purpose aforesaid, by 
making any of the aforesaid bonds payable elsewhere than in this 
State, the same may be made payable at any place in the United 
States. 

67. Sec. III. The faith and credit of the State of Georgia be, ^=^'1!' ^"'^ 

o 1 credit of 

and the same are hereby pledged for the payment of said bonds at ^tate piedg- 
'the maturity thereof ; and also, that they be considered a debt due 
by the Central Bank, the assets of which are hereby required to be aiso, assets 
appropriated to the purpose of the payment of the interest and the 
redemption of said bonds, as soon as the same may be realized. 

68. Sec. IY. The Governor shall cause said bonds, or a suffi- Governor to 

sell the 

ciency thereof for the purposes specified in this Act, to be sold at bonds at pat. 
such times and places as he may deem most beneficial to the State, 
for specie or its equivalent, at not less than par, or the bills of the 
Central Bank ; and any person or persons holding Central Bank bills Holders of 
to the amount of five dollars or more, shall be entitled to said bonds changl7 ^^' 
in payment thereof, unless the Central Bank shall, on demand, pro- 
vide other satisfactory means of payment, and unless said person or 
persons shall be indebted to the State or said Central Bank upon 
debts due at the time of demand : Provided, that no bond shall is- Amount of 
sue for less than the whole amount presented in any one week by 
any one person or company in his, her, or their own right, unless the 
amount so presented, exceeds five hundred dollars, in which kdter 
event, a bond or bonds shall issue in sums of five hundred dollars 
and such fraction thereof as will meet the amount presented. 

69. Sec. V. The directors of the Central Bank be, andthev are ^^"^•^^? <^/„ 
hereby authorized to sell the stocks owned by the State in the Bank miiybesoid 
of the State of Georgia, and in the Bank of Augusta, for specie, ordiscoinl*^ 
its equivalent, at a discount not greater than ten per cent, below par, 

to a sufficient amount to pay the balance which may be necessary 
to discharge the debt due the Phoenix Bardv after the application of 
the funds provided by the bank, and the interest of the public debt 
due in the year one thousand eight hundred and forty.* 

Sec. VI. All laws and parts of laws militating against this Act, 
be, and the same are hereby repealed. 



An Act to appropriate money for the political year eighteen hundred 
and forty-one. — Assented to Dec. 23, 1840. Pam. 16. • 

70. Sec XXVI. And he it further enacted. That for the pur-Aw^^P"^ 

tions tor 

pose of meeting the appropriations and defraying the expenses of isfi to be 
government for the political year eighteen hundred and forty-one, lii'i Bank?"*" 
the president and directors of the Central Bank are hereby directed 
to place to the credit of the Treasurer of the State, from time to 

♦Kepealcd, sec. 88. 

18 



138 BANKS AND BANKING.— Central Bank— 1841. 

Change bills — Disposition of Darien Bank assets. 

time, such sum or sums as may be required to meet warrants drawn 
upon iiim by his Excellency the Governor : and also to meet the 
President and Speaker's warrants of the present session ; charging 
the same to the capital stock of said bank, and to be certified by 
the Treasurer, entered upon the president and directors' receipts. 

An Act to authorize and require the Directors of the Central Bank 
to issue three hundred thousand dollars of notes of the denomina- 
tion of one and two dollars, for the redemption of the hills of that 
Bank already in circulation, of a higher denominatioyi. — Assented 
to Dec. 8, 1841. Pam. 21. 

?h!Inge\?ns T'l- Sec. I. Be it ejiacted, That the directors of the Central 
in ^redemp-^' -^^^^^^ are hereby authorized and required to issue the sum of three 
t'on of cen- huudrcd thousaod dollars of notes of the denomijiation of one and 
bills. two dollars, to be used exclusively in the redemption of the bills of 

higher denominations of said bank, and for no other purpose. And 
that so much of an Act entitled an x\ct to amend an Act entitled an 
Act to prevent the circulation of bank bills under the denomination 
of five dollars, within this State, passed the twenty-fourth Decem- 
ber, eighteen hundred and thirty-two ; and to prevent the circulation 
of bank bills of any other denomination than fives, tens, twenties, 
fifties, hundreds and thousands, be, and the same is hereby repealed 
so far as it conflicts with the object of this Act ; but that the said 
Act is hereby declared to be left in full force in its application to all 
other banks. 

An Act to repeal an Act entitled an Act to incorporate the Bank of 
Darien, passed the fifteentli day of December, eighteen hundred 
and eighteen; and also an Act entitled an Act to extend the char- 
ter of the Bank of Darien, and the Acts now in force amendatory 
thereto^ passed the nineteenth of December, eighteen hundred and 
thirty- f our ; and to provide for the settlement (f the a fairs of said 
Bank. — Assented to Dec. 10, 1841. Pam. 22. 

Charter of 72. Sec. I. Bc it cnactcd. That from and after the first day of 
^epeafed.^"'^ Jauuary next, that an Act entitled an Act to incorporate the Bank of 
Darien, passed the fifteenth of December, eighteen hundred and 
eighteen ; also an Act entitled an Act to extend the charter of the 
Bank of Darien, and the Acts now in force amendatory thereto, 
passed the nineteenth day of December, eighteen hundred and 
thirty-four, be, and the same are hereby repealed, except as herein- 
after excepted. 
Central B'k 73. Sec. II. The Central Bank of Georgia be, and it is hereby 
its affairs required and authorized to provide forthwith to wind up the affairs 
of the said Darien Bank ; to cojiect its assets and pay the debts 
thereof; and the balance, if any, to pay to those who may be enti- 
suits by and \\q^ thcrcto ' for which purpose the said Central Bank is hereby vested 
with authority to prosecute suits in the name of said Bank of 
Darien, and to defend all suits brought against it, and to use all 



BANKS AND BANKING.— Central Bank— 1841. ^ 139 

Debts, iS:c. — Sale of real estate — Suits vs. Darien Bank, &c. 

powers conferred by law on said corporation, necessary to the intents 
of this Act.*^ 

74. Sec. III. The debtors of the Bank of Darien shall be per- Debtors to 
mitted to renew and run their notes in the Central Bank of Georgia, Bank may 
on the same terms, and subject to the same rules as now govern ac- iioter 
commodation notes in the Central Bank, whenever such indulgence 

shall not, in their opinion, be detrimental to the interest of the stock- 
holders of the Bank of Darien. 

75. Sec IY. The number of directors in said Darien Bank, shall ^'I""^^^'''' f^f 

* / auectors re- 

De reduced to tour, to be elected by this Legislature, and one by the duced. 
stockholders. 

76. Sec. V. The board of directors on the part of the State, be, oirectorg to 
and they are hereby instructed to aid and facilitate the intents of this Sis Act. 
Act, by turning over to the Central Bank the whole of the assets of 

the Darien Bank immediately after this Act shall have taken effect. 

77. Sec. YL In all payments to be made on notes originally due ^'"l^^^^^n- 
tlie Darien Bank or its branches, and which shall be turned over to be received 
or renewed in the Central Bank, the maker or indorser of such note ors. 



^j 



or notes shall be authorized to pay up all or any part of his or their 
note or notes in bills on the Bank of Darien, issued from the bank or 
branch bank in which the said note or notes were originally dis- 
counted, and the Central Bank shall be bound to take such bills when 
10 tendered. 

78. Sec. YII. The said Bank of Darien shall execute a deed of Real estate 
conveyance of all its real estate to said Central Bank of Georgia ; veyed 
and that the directors of said Central Bank shall sell the same on and sold, 
such terms and at such times, either at private sale or public outcry, 

as in their opinion shall best promote the interest of the stockholders. 

79. Sec VIII. Nothing hereinbefore contained shall be so con- central B'k 
strued as to make the Central Bank liable for any debt due and ow- to extent of 
lag, or which may be owing by said Bank of Darien, further than^^^^^^' 
the assets of said Bank of Darien will pay, after deducting all losses 
which may be sustained by said Central Bank, in cost or otherwise, 

in settling the affairs of said Bank of Darien. 

80. Sec IX. In all suits that may be commenced for the recov- s«its ^^s. Da- 
ery of any liabilities of the Bank of Darien, after the assets thereof be sensed oS 
shall come into the possession of the Central Bank, service shall be SraTB'k! 
perfected upon the president of the Central Bank. 

81. Sec X. If the directors or stockholders of said bank, or any Provisions 
of them, shall refuse to allow the provisions of this Act to be car- thiJ^A? mto 
ried into, effect, his Excellency the Governor be, and he is hereby ^^^''^' 
instructed to have such legal proceedings commenced as may be ne- 
cessary to protect the interest of the State, and all others concerned ; 

and, if necessary, to have application made to the Court of Chancery, 
for the appointment of a Receiver of the effects of said bank. 

And ivhereas, a large amount of the bills of the Bank of Darien 
and its branches had been received at the Central Bank of Georgia, 

*For a full report and resolutions in reference to condition and final disposition of 
Darien Bank assets, see Acts of 1847, pam. 305. 

[L] As to bond of agent. 2 Kelhj, 370. 



140 BANKS AND BANKING— Central Bank— 1841. 

Sale of stocks — Military Claims — Interest of public debt. 

in payment of debts due that institution previous to the failure of 
the said Bank of Darien, and was consequently unavailable : And 
whe7'eas, a large amount of said bills have been loaned to individuals 
by the ofiicers of the Central Bank of Georgia : 
Notes for 82. Ssc. XL Beit further enacted, That dll such notes as haYe 

Darien B'k . , 

money may beeu givou for tlic repayment of the money so loaned may be re- 
be renewed, j-^g^^g^ uuder the samo rules, regulations and restrictions, as are other 
notes discounted by said bank. 

A?i Act to authorize the sale of stocJiS in the Banl: of the State of 
Georgia, and in the Bank of Augusta, for the hills of the Cen- 
tral Bank of Georgia. — Assented to Dec. 10, 1841. Pam. 30. 

i!at?in''b'ks ^^- ^^^- I- -^^ ^^ enacted, That the directors of the Central 
may be sold Bank of Georgia be, and they are hereby authorized to sell the 
B'k bills; stocks owiicd by the State in the Bank of the State of Georgia, and 
in the Bank of Augusta, for the bills of the Central Bank, and that 
said sale of stock shall be made and effected upon such terms and at 
such rates as shall be deemed most advantageous to the public interest, 
by the president and directors of the Central Bank, with the concur- 
rence and approbation of liis Excellency the Governor : Provided^ 
the sale can be effected, in their opinion, without too great a sacrifice. 
cdveXon ^^- ^'^^- ^^- ^^^Y nioueys which may be reimbursed by the 
military Govcmmeut of the United States, for expenditures in defrayinor the 

claims from r i inn-i- 

u. s. to be late war, under the several Acts lor that purpose, snail be paid mto 

centrliTB'k. the Central Bank of Georgia, subject to the redemption of its bills 

and payment of the debts of the State ; and the officers of said bank 

are hereby authorized to receive and receipt for the same : Provided, 

Sd ex-°" that nothing in this Act contained shall authorize the sale of any 

empted. "bank stock of either of the banks herein mentioned, set apart for the 

purposes of education by the laws now of force in this State. 

An Act to direct the Central Bank of Georgia, to pay the interest 
tqoon the public debt. '^— Assented to Dec. 13, 1841. Pam. 24. 

Jubucleb? 85- Sec. I. Be it enacted. That all the interest which is now 

cenu-af B'k' ^^^' and shall hereafter faU due, upon the public debt of this State, 

'shall, as heretofore, be paid at the Central Bank until otherwise 

ordered : and a regular account be kept thereof, and reported in the 

annual reports of said institution. 

Sec. II. All laws and parts of laws militating against this Act, 
be, and the same are hereby repealed. 

An Act to repeal the first section of an Act to repeal an Act entitled 
an Act to alter and amend an Act to establish a Bmik at MilUdge- 
ville to he called, and known by the name and style of the Central 
Bank of Georgia, passed on the twenty-second day of December, 
eighteen hundred and twe7ity-eight, passed on the twenty-first day 

*Repealed by Act 22d Dec, 1842, sec. 88 of tliis title. For Act of 1840 requiring the 
bank to pay the interest and appropriate ^75,000 towards extinguishing the principal, 
see title ''Public Debt," sec. 3. 



BANKS AND BANKING.— Central Bank— 1841-'42. 141 

Loans prohibited — Acts repealed. 

of December^ eighteen hundred and thirty-nine ; and. to provide 
for the protection of the circulation of said Ba7ik, and other pu?^- 
poses ; which was assented to tiveniy-tliird day of Dece7iihe.r eighteen 
hundred and forty ; and to amend the Acts of incorporation of said 
Bank. — Assented to Dec. 10, 1841. Pam. 25. 

86. Sec. I. Be it enacted^ That the first section of an Act to re- First section 
peal an Act entitled an Act to alter and amend an Act to establish auec. 1340, 
bank at Milledgeville, to be called and known by the name and style ^'^p^^^"^- 
of the Central Bank of Georgia, passed on the twenty-second day of 
December, eighteen hundred and twenty-eight, passed the twenty- 
first day of December, eighteen hundred and thirty-nine ; and to 
provide for the protection of the circulation of said bank, and other 
purposes, which was assented to on the twenty-third day of Decem- 
ber, eighteen hundred and forty, be, and the same are [is] hereby 
repealed. 

87. Sec. II. It shall not be lawful for the Central Bank of Geor- Farther 
gia, or the directors thereof, to make any further loans of its bills, hTbUeZ'^^ 
until it shall be able to sustain its circulation at par with the bills of 
specie paying banks, and make a general distribution according to 

law ; nor shall any insolvent note or other insolvent evidence of debt insolvent 
due said bank, be considered or used as banking capital upon which capiTal"*^ 
an issue may be made. 

Sec. III. All laws and parts of laws militating against this Act 
be, and the same are hereby repealed. 



An Act to he entitled an Act, to repeal the Acts and parts of Acts, 
therein mentioned ; and to amend the charter of the Central Bank 
of Georgia, and for other purposes. — Assented to Dec. 22, 1842. 
Pam. 27. 

88. Sec. I. That the fourth section of the Act entitled an Act, various 
to amend an Act to establish a bank at Milledgeville, to be called ^d?^ ^^^'^^^ 
and known by the name and style of the Central Bank of Georgia, 
and to extend the charter thereof, to appropriate monies, &.C.; to in- 
crease the capital stock of the same, assented to December twenty- 
ninth, eighteen hundred and thirty-eight ; also, the fifth section of 
an Act, entitled an Act to repeal an Act entitled an Act, to alter and 
amend an Act to establish a bank at Milledgeville, to be called and 
known by the name of the Central Bank of Georgia, &c., passed on 
the twenty-second day of December, eighteen hundred and twenty- 
jight, passed the twenty- third of December, eighteen hundred and 
thirty-nine ; and to provide for the protection of the circulation of 
said bank and other purposes, assented to on the twenty-third day of 
December, eighteen hundred and forty ; also, the resolution passed 
the ninth day of December, eighteen hundred and forty, requiring 
the directors of the Central Bank to pay in current funds the scrip or 
evidence of debt issued and due by the Commissioners of the Western 
and Atlantic Rail Road, &c.; and also, the Act entitled an Act to 
direct the Central Bank of Georgia to pay the interest upon the public 



142 BANKS AND BANKING— Central Bank— 1842. 

Payment of bonds — No now issues — State's faith, pledged — Burning of bills. 

debt, passed the thirteenth day of December^ eighteen hundred and 
forty-one ; also, the first section of an Act entitled an Act, to alter 
and amend an Act to establish a bank at Milledgeville, to be called 
and known by the name of the Central Bank of Georgia, &c.,' passed 
on the twenty-second day of December, eighteen hundred and twen- 
ty-eight, assented to December the twenty-first, eighteen hundred 
and thirty-nine ; be, and the same are, hereby repealed. 
Appropiia- 89. Sec. II. No appropriation or any balance of appropriation, that 
paid'^ aT t'he HOW rcmaius Unpaid, shall be paid by the Central Bank of Georgia ; 
Se"^^ but that all such appropriations, together v/ith the public debt, and 
the interest accruing thereon, slipJl be paid at the Treasury, and not 
t?pOT bonS elsewhere ; Provided^ That n.othing herein contained, shall be so 
issued to re- coustrued as to cxenipt said bank from the payment of the bonds, 
bills. and the interest accruing thereon, which have been, or Vviiich may 

hereafter be issued, and applied to the redemption of the bills of said 
bank. 
No new pa- 90. Sec. III. Tlic president and directors of the said Central 
coun'ted'', '"^ Baulv, are hereby prohibited from discounting any new paper what- 
soever, or purchasing any bond, note, bill of exchange, or in any 
and no more manner issuing or ppcying out any new bills of said bank, or re-issu- 
ing or paying out any of the old ; Provided, That no indorser or 
indorsers, shall be prohibited from renewing any note, according to 
Provisj. the provisions of the charter in force ; Provided further, That noth- 
ing herein contained, shall be so construed as to prohibit them from 
issuing one and two dollar bills, for larger notes, as is now provided 
by law. 
Surplus 91. Sec. IV. The funds and revenues of the State, after paying 

fauh ofstate curreut expenses of the Government, and the interest of the public 
Smption debt, shall be applied and paid to the redemption of the bills of said 
of bills. bank, and that the honor and faith of the State is hereby bound for 

the redemption of said bills. 
No further Seg. Y. No further discounts or advances, shall be made by the 
penTtentiary. directors of sald bank for or to the Penitentiary, or any of its officers, 

or any purchaser at the Penitentiary sides. 

Bills re- 92. Sec. YI. It shall be the duty of the directors of the bank to 

burue'(?*^^^have burned, the amount of bills issued by them, that they have, or 

may hereafter redeem, which shall be done quarterly, in each and 

in presence evory political year, in the presence of the Governor ; and record the 

°^^^"°^' amount thus burned, and report the same in their annual report. 

Sec. YII. All laws and parts of laws militating against this Act, 
be, and the same are, hereby repealed. 

An Act to authorize and require the Governor to dispense with tioo 
of the three Directors of the Central Bank, from and after the first 
Monday in January next. — Assented to Dec. 28, 1S42. Pam. 
32. 

Two direct- 93. Sec. I. Be it c7i rctcd; That from and after the passage of 
ed%vith!°^' this Act, the Governor is hereby required to dispense \-nih two of 
the three directors of the Central Bank from and after the first Mon- 
day in Janu-iry-ncxt. 



f 



BANKS AND BANKING.— Central Bank— 1843-'47. 143 

Officers reduced — Sale of claims — By agent. 

Sec. 11. All Acts and parts of Acts militating against this Act, 
be and the same are hereby repealed. 



Aji Act to authorize tlie Governor to reduce the numhcr of ojjiccrs in the 
Central Banlc, a ml to iirescrihe the mode of payment of the Bonds issued 
hij tlia.t Bank. — Assented to Dec. 22, 1843. Pam. 30. 



94. Sec. I. Be it enacted^ That his Excellency the Governor Governor 
be, and he is hereby authorized to discharge, from time to time, such ciuCrap such 
officers in the Central Bank, whose services may be dispensed with, may'tiiink^^ 
without detriment to the public interests, and to fix and allow to i"'^?^^'- 
those who may be retained, such compensation as their services may 

be worth ; Provided, that the compensation to be allowed, shall not fo"be1ncr?ri 
exceed that now allowed by la,w to such officers for similar services, ed. 

95. Sec. II. All bonds which may hereafter be issued by the Bond.? to be 
Central Bank, under the authority of an Act assented to on the twen- Jd'outor™ 
ty-third day of December, eighteen hundred and forty, shall be first g^t"^^'^ ^^' 
redeemed out of the available means of said bank. 

Sec. III. All laws militating against this Act, be and the same 
are hereby repealed. 

An Act to authorize the Director of the Central Bank of Georgia, 
and ill certain cases the Treasurer of this ^State, to dispose of 
certain insolvent or U7iavailahle assets of said Bank, for the bene- 
fit of this State. — Approved Dec. 29, 1847. Pam. 21. 

96. Sec. I. Be it efiacted, That from and after the passage of Director or 
this Act, it shall and may be lawful for the Director of the Ceiitral ma^^S'^ or 
Bank, and in case there should, at an]^ time, be no Director for said Svenr° 
Bank, then and in that case, it shall be iawful for the Treasurer of^^''"'^'^' 
this State to sell, compromise, or dispose of any note, judgment or 
execution, belonging to said bank, that has become insolvent or un- 
available; at such times and on such terms as he, in his sound dis- 
cretion, shall deem advisable or beneficial to said State. 

97. Sec. II. When said Director, or Treasurer, shall deem it May appoint 
advisable to dispose of any insolvent or unavailable note, judgment or cotJpr^T^^ 
or execution, belonging to said bank, it shall and may be iawful for ■"'^^' 
said Director, or Treasurer, to place said note, judgment or execution, 

in the hands of any person as agent, residing in the County where 
the debtor of said bank resides, who shall be authorized to dispose 
of such note, judgment or execution, on such terms and in snch 
manner as said Director, or Treasurer, shall direct ; and said agent 
shall be allowed, for his services, a reasonable compensation, to be ^^^np'J.nsa-^ 
paid by. said Director, or Treasurer, oi\t of the avails of said note, ^^^"• 
judgment or execution, so placed in said agent's hands ; and in no 
case shall said agent receive, for his services, a larger sum than he 
may have collected or raised off of the said claim so placed in his 
hands. 

Sec. III. All laws and parts of laws militating against this Act, 
be, and the same are hereby repealed. 



144 BANKS AND BANKING.— Central Bank— 1847-'50. 

Commuting bonds — Faith of State pledged — Darien Banic creditors. 



An Act to commute the Bonds of this State issued in redemption of 
the bills and liabilities of the Central Bank of Georgia. — Ap- 
' proved Dec. 29, 1847. Pam. 20. 

8 per cent. 98. Sec. I. Be it cnactcd^ That the Governor of this State be, 
commuted ^^ and ho is hereby authorized to execute the bonds of this State, in 
for? per ct. suHis of uot Icss than five hundred dollars each, in lieu of and in re- 
demption of the bonds heretofore issued in redemption of the bills of/ 
the Central Bank of Georgia — said new bonds to bear interest at the 
• rate of seven per centum per annum, and the interest to be paid an- 

when and nually, and said bonds and interest to be made payable in the Cities 
where paya- ^|. Savamiah, Augusta, andMilledgeville — said bonds to be made pay- 
able at such time or times as may be agreed on by the Governor and 
bond holders, having due regard to the availability of the assets of 
Proviso. the Central Bank for the payment of the said bonds : Proinded, 
That not more than seventy-five thousand dollars shall fall due in 
any one year. 
Faith and ^9. Sec. II. The faith and credit of the State of Georgia be, 
sute* Aed ^^^^ ^^^ samc are hereby pledged for the payment of said bonds at 
ed, the maturity thereof, and also that they be considered as a debt due 

and assets by the Central Bank, the assets of which are hereby required to be 
appropriated to pay the interest and redemption of said bonds. 

Sec. in. All laws or parts of laws, militating against this Act, 
be, and the same are hereby repealed. 



9f Bank. 



An Act for certain purposes connected with the Bank of Darien. — 
Approved Feb. 22, 1850. Pam. 59. 

Whereas^ There are a number of claims against the Bank of Da- 
rien, outstanding, for which the State is liable, under the charter of 
said bank; and whereas, many of said claims are believed to be illegal 
and unjust, but it being difficult to procure the evidence necessary 
to show the injustice of said claims : 
Director to 100. Sec. I. Be it enacted^ That the Director of the Central 
seniememo" Bank bc, aud he is hereby directed to inquire into said outstanding 
B'k'of^Dan claims, aud ascertain, and report, on what terms they can .be com- 
en- promised,|compounded, or settled ; that said Director be required to 

report as early as practicable to the Governor, and that said report be 
communicated by the Governor to the next General Assembly. 



An Act to extend for five years^ the charter of the Central Bank 
of Georgia. — Approved Feb. 22, 1850. Pam. 62. 

Whereas, The Central Bank of Georgia expires on the first day of 
3! , eighteen hundred and fifty, and whereas, there are suits pe > 
iiig in favor of the said bank, and notes belonging to it, on which it 
i e necessary to institute suits in its corporate name : 

101. Sec. I. Be it therefore enacted, That the charter of the said 



BANKS AND BANKING.— Private Corporations. 145 

B'k of Augusta — Piautcrs' B'k — State B'k — Darien B'k — Savings B'k of Augusta. 

Central Bank of Georgia, passed the twenty-second day of December, [ei,^^^''^^^ 
eighteen hundred and twenty-eight, and the several amendments year?* 
thereto, be, and the same are hereby extended to the first day of 
May, in the year of our Lord, one thousand eight hundred and fifty- 
five. 

And he it farther enacted^ That the extension of the charter ofaioneto 
the said Central Bank of Georgia, is granted solely, with the view of affafrs"^ ^ 
enabling it to close its unsettled business, and it is not to be con- 
strued as conferring upon it any rights or privileges, except to ac- 
complish that end. 



102. ART. III. PRIVATE CORPORATIONS. 

Bank of Augusta.^ 
Incorporated, Dec. 6, 1810. Vol. II. 588. (Prince, 50.) 
Charter extended and capital increased, Dec. 22, 1826. Yol. lY. Bankof au- 

77. (Prince, 55.) ^'''''^ 

Amended, Dec. 27, 1842. Pam. 32. Dec. 12, 1843. Pam. 13. 
Dec. 29, 1847. Pam. 22. 

Planters^ BanJc. 
Present charter, Dec. 19, 1810. Yol. 11. 610. (Prince, 56.) Planters' 

Amended, Dec. 3, 1811. Yol. III. 74. (Prince, 57.) Nov. 3, ^'''''' 

1814. Yol. III. 84. ' (Prince, 61.) 

Amended, Dec. 20, 1828. Yol. lY. 85. (Prince, 61.) Dec. 23, 

1836. Pam. 68. (Prince, 132.) 

Bank of the State. 
Incorporated, Dec. 16, 1815. Yol. III. 85. (Prince, 62.) state Bank. 

Amended, Dec. 12, 1816. Yol. III. 92. (Prince, 66.) 
Further amended, Dec. 18, 1826. Yol. lY. 77. (Prince, 66.) 
Further amended, Dec. 22, 1830. Pam. 40. (Prince, 67.) Dec. 
21, 1839. Pam. 29. 

Bank of Darien.^ Darien B'k-. 

Incorporated, Dec. 15, 1818. Yol. III. 94. (Prince, 67.) 
Act of Dec. 18, 1819. Yol. III. 102. (Prince, 70.) 
Amended, Nov. 22, 1826. Yol. lY. 77. (Prince, 71.) 
Act of Dec. 22, 1829. Yol. lY. 89. (Prince, 71.) 
Charter extended, Dec. 19, 1834. Pam. 44. (Prince, 71.) 
Repealed, Dec. 10, 1841. Pam. 22. See "Central Bank." 

Savings Bank of Augusta. 
Incorporated, Dec. 18, 1827. Yol. lY. 77, (Prince, 78.) Irll^^^ 

*The compiler omits the Acts incorporating the several Banks, and the amendments 
thereto, believing it would render the volume too large. The references will render it 
an easy matter to turn to the Acts, when necessary. The Acts relating to the Central 
Bank are retained, as of more general necessity. 

fSee further, as to Darien Bank, title " Central Bank." 

19 



146 



BANKS AND BANKING.— Private Corporations. 



Aug. Ins. & Bkg. Co. — B'kof Columbus — Z^Iarine^c Yiie Ins. B'k — Pha-uix — Mecliaiiics', Sec. 

Augusta Insurance &j* Banking Company. 
Incorporated, Dec. 26, 1827. Vol. lY. 79. (Prince, 81.) 
Amended, Dec. 27, 1831. Pam. 45. (Prince, 82.) 
Extended to 1870.' Dec. 27, 1845. Pam. 62. 



Augusta In- 
surance and 
Banking Co. 



Amended, Dec. 24, 1845. Pam. 170. Dec. 29, 1847. Pam. 22. 

Bank of Columbus. 
Bank of Co- Incorporated. Dec. 22. 1828. Yol. lY. 83. (Prince. 83.) 
lumbu.. Amended, Dec. 24, 1835. Pam. 35. (Prince, 113.) 

Marine ^* Fire Insurance Bank of the State oj Georgia. 
Marine and Bankiiis: privileges granted, Dec. 20. 1825. Yol. lY. 75. (Prince, 

Firclnsur- n^ \ ' 

ance. a7.) 

Amended, Dec. 24, 1827. Yol. lY. 80. (Prince, 88.) 
Amended, Dec. 23, 1837. Pam. 36. 
Charter extended 20 years, Dec. 9, 1843. Pam. 12. 
Capital increased, Dec. 22, 1847. Pam. 23. 

Partners- Bank of Chattahoochee. 
Incorporated, Dec. 20, 1830. Pam. 26. (Prince, 90.) 
Changed to Phcenix Bank. Dec. 24, 1840. Pam. 23. 



PhOBnix B'k 



Mechanics' 
Bank. 



Mechanics' Bank. 
Incorporated, Dec. 21, 1830. Pam. 34. (Prince, 94.) 
Amended, Dec. 30, 1836. Pam. 39. (Prince, 97.) 
Amended, Dec. 21, 1839. Pam. 89. 
Capital reduced, Dec. 4, 1841. Pam. 26. 



Commercial Bank of Macon. 
Commercial Incorporated. Dec. 22. 1831. Pam. 25. (Prince, 97.) 

Bank i . - \ ' j 

Amended, Dec. 29, 1836. Pam. 54. (Prince, 154.) Dec. 26, 
1837. Pam. 40. 



Insurance 
Bank. 



Insurance Bank of Columbus.^ 
Incorporated, Dec. 26, 1831. Pam. 33. (Prince, 102.) 
To reimburse them for money paid to volunteers, Dec. 25, 1837. 
Pam. 39. 

Charter amended, Dec. 28. 1838. Pam. 46. 



Bank of Hawkhisville^ afterwards Merchants^ Bank of Macon.'^ 
Merchants' Incorporated, Dec. 24, 1831. Pam. 39. (Prince, 106.) 
^^^" Removed, Dec. 27, 1842. Pam. 40. 

Name changed. Dec. 15, 1843. Pam. 11. Act for relief, Feb. 
23, 1850. Pam. 61. 

Bank of Milledgeville. 
Bank of Mil- Incorporated, Dec. 22, 1835. Pam. 36. (Prince, 109.) Amend- 
ledgevuie. ^^^ -^^^ ^^^ ^g^^^ p^^ ^^ (Princc, 124.) 

Amended, Dec. 16, 1840. Pam. 24. ' For relief, Dec. 24, 1845. 
Pam. 170. Capital increased, Feb. 11, 1850. Pam. 59. 



(1) See3ii:t^/t/,l85. 



(2) See 1 Kelly, 417. 



BANKS AND BANKING.— Private Corporations. 



147 



Macon Savings B'k — B'kof Brunswick — Ocmulgee B'k — Planters & Mechanics' B'k, &c. 



Bank for Savings in the City of Macon. 
Incorporated, Dec. 26, 1835. Pam. 42. (Prince, 114.) 



Macon Sav- 
ings Bank. 



Bank of Brunsioick. 
Incorporated, Dec. 27, 1836. Pam. 40. (Prince, 116.) J|ank of 

Amended, Dec. 26, 1837. Pam. 38. Removal, Dec. 24, 1842. "'"'''''' * 
Pam. 26. Amended, Feb. 11, 1850. Pam. 60. 



Ocmulgee Bank, 
Incorporated, Dec. 30, 1836. Pam. 43. (Prince, 118.) 

Planters ^* Mechanics^ Bank of Columbus} 
Incorporated, Dec. 30, 1836. Pam. 55. (Prince, 124.) 

Western Bank of Georgia. 
Incorporated; Dec. 30, 1836. Pam. 60. (Prince, 128.) 

Bank of St. Mary's.^ 
Incorporated, Dec. 29, 1836. Pam. 68. (Prince, 132.) 
Removal, Dec. 27, 1S42. Pam. 40. 



Ocmulgee 
Bank. 



Planters' & 
Mechanics* 
Bank. 



Western 
Bank. 



Bank of St 

Mary's, 



Bank of Savannah. 
Incorporated, Feb. 13, 1850. Pam. 51. 



Bank of Sa- 
vannah. 



Manufacturer'' s Bank of Macon, 
Incorporated, Feb. 23, 1850. Pam. 54. 



Manufactu 
rer's Bank. 



The Cherokee Insurance &;" Baiiking Company, 
Incorporated, Feb. 8, 1850. Pam. 61. 



Cherokee . 
Bunk. 



*For' oliartcrs of Pt. K. Companies, having banking privileges, see title "Internal 
Transportation." 



See 8 Ga Rep. 4G8, 48G, 506, 511, 527. 



148 



BASTARDY— 1793. 



Proceedinq-s in cases of Bastardy. 



BASTARDY.*^ 



Sec. 1. Proceedings u,?. Parents. 
*' 2. Commitment. 
" 3. Binding over. 



Sec. 4. Evidence. 
" 5. Bonds. 
" 6. Depositary. 



An Act respecting Bastardy^ and other immoralities. — Approved 

Dec. 16, 1793. Vol I. 42. 



Proceedings \^ S^c. I. Aiiv Jiistice of the Peace, in any County within this 

against the i r i • i i i ■ r ■ i • ^ 

mother. fetate, who 01 his own knowledge, or on miormation to hini on oath 
made, of any free white woman having a bastard child, or being preg- 
nant with one, which it is probable will become chargeable to the 
County, he may thereupon cause a warrant, under his hand and seal, 
directed to the Sheriff, or any Constable of said County where the case 
may arise, and oblige the offender to be brought before him to give 
security to the Inferior Court of the County, in the sum of £150, 
for the support and education of such child or children till the age of 
fourteen years, or to discover on oath the father of such bastard 

Against the child ; wliich being: done, the said Justice shall issue his warrant- in 

lather. ' '^ ' 

like manner, to bring beiore him the person sv/orn to be the father 
of such child or children, so born or to be born, who, on refusing to 
give security for the maintainance and education of such child or 
children, until they arrive at the age of fourteen years, and also the 
expense of lying-in with such child or children, boarding, nursing, 
and maintainance, while t'le mother of such child is confined by 
reason thereof, that then it may and shall be lawful for the said Jus- 
tice to bind over such delinquent in a sufficient recognizance, to be 
and appear before the next Superior Court, which may be held in 
said County ; and it shall be the duty of the Attorney or Solicitor 
General to prefer a bill of indictment, to be laid before the Grand 
Jury, to answer to such complaint as may be then and there alleged 
against him touching the premises.f 
Women to 2. Sec. II. lu casc the woman who shall have been delivered, 
ted,Tho fell or is likely to be delivered, when brought before a Justice, refuses to 
discover on oath the father of such child or children, so born, or to 
be born, or give such security to appear before the next Superior 
Court, to be held in and for the said County, a,nd to give such secu- 
rity as may be then and there required of her by the said Court, for 
the maintainance and education, as aforesaid, of the said child or chil- 
di'en, that then it shall be lawful for the Justice to commit her, in 
manner and form aforesaid, as pointed out by this Act ; and in case 
of her refusing to make knovni to tlie said Court the father of such 



to comply 
with this 
Act. 



* For Acts authorizing illegitimate cliUdren to inherit from their mother and each 
other, see "Execiifcors, Admiiiiscrators, o:c.," subdivision "Distribution," sec. 27 and 
note. As to issue of marriage "vvhere parties are guilty of bigamy, see " Penal Laws," 
sec. 217. 

fSee " Penal Laws," sec. 237. 



(1.) The whole subject of legitimating Statutes discussed in 8 Ga. Rej). 210. 
(2.) Contents of \Yarrant and effect of informal warrant. 5 Ga. Rep. 49L 



BASTARDY— 1S02. 149 



Dutv of Justices — Bond. 



child, or give security as a/oresaid, that then it may and shall be 
lawful for the said Court to imprison her, not exceeding three months. 

Ami whereas, it is highly injurious in civilized society, that men 
or women should live in adultery or fornication together : 

3. Ssc. III. Be it enacted, ^fc. That from and after the passing J"fi'ff^3 
of this Act, any man or woman who shall live together in like man- ovW tho 
ner, it shall be the duty of any of the neigliboring Justices, if within JSuUery an* 
their knowledge, or upon information to them on oath that such man ^'^""^^**'^°' 
and woman do live in adultery or fornication, he shall thereupon 
cause the said man and v/oman to be brought before them, or either 
of them, whose duty it shall be to bind them over to appear at the 
next Superior Court, a,nd the Attorney or Solicitor General shall then 
and there prefer a -bill of indictment against both the man and 
woman. '^ [As to tlie penalty, see Code. Penal Laws, 237.] 



An Act siipplanentary to the foregoing. — Approved Nov. 26, 1802. 

Vol. II. 60. 

4. Provided, nevertheless, That nothing herein contained shall be so But iy^j 
construed as to bar either party when charged as aforesaid, from excuipatorf 
offering exculpatory testimony to the Magistrate, in the first instance *'^''^'^"*^*^* 
of the charge exhibited ; who may exercise his discretionary power, 
after due inquiry being had, either to discharge or recognize both or 
either of the parties charged as aforesaid, in conformity to the in- 
tent and m.caning of this Act ; anything to the contrary not with- 
standing^-. ^^ 



An Act to carry into effect the first section of an Act entitled an Act 
respecting Bastardy, and other immoralities, and the more fully 
to empower the Infrior Courts of the several Counties in this 
State, to provide for the fnaintainance of bastard children. — Ap- 
proved Dec. 9, 1809. Yol. II. 524. 

5. Sec. I. Prom and immediately after the passa^re of this Act, ^o^f^^ /f''" 
it snaii be the duty ol the inienor Courts m the several Counties oi na«ce of 
this State, v/hen any child or children have, or shall become charge- cSirJren, 
able to ilie County, where bonds are taken, and to be hereafter taken, I-ecovo^red 
in conformity to an Act, passed the 16th day of December, 1793, as ^"/^^y' 
above recited, for the maintainance of bastard children, to institute 
an action on all bonds so taken, and to be hereafter taken, in manner 
aforesaiil, and prosecute the same to judgment ; and it shall be law- 
ful for them to recover the full amount of said bond or bonds, which 
judgment or judgments sha.ll remain open, and be subject to be ap- 
propriated by the Courts aforesaid, from time to time, as the situa- 
tion and exigencies of the said bastard child or children may require. 

*Tho rest of this Act superseded by the Code, see " Penal Laws," sec. 237. 
(1.) Object and policy of this Act reviewed, 3 Kelly, 534. 



150 BOUNDARY. 



Georgia, South Carolina and ZSTorth. Caroiiiia. 



How and 6. Sec. II. It shall be tlie duty cf the Justice or Justices of the 
Tondf are to Peace, before ^vhom the aforesaid bon'd shall be taken, to return such 
be returned. -^^^^ J ^^ ^^iQ Clerk of the Inferior Court of the County in which such 

female shall reside, within thirty days after the same is taken. 

[Respectins murder of infants, evidence. &c. see Penal Laws, sees. 

47, 48, 49.] 



BOUNDAEY. 

I. SOUTH CAROLINA. 

An Act for the ratijication of certain agreements made and. entered 
into by Commissioners, appointed by the Legislatures of Georgia 
and Carolina, for the purpose of settling certain disputes relative 
to boundary. — xlpproved February 1, 1788. Vol. I. 337. 

Whereas, by an ordinance passed by the Legislature of this State, 
commissioners were appointed and authorized to meet other commis- 
sioners, similarly appointed by the State of South Carolina : and 
ii'hereas. the said commissioners, or a majority of them from each 
State^ were vested with full powers to settle all differences, contro- 
versies, disputes, and claims, which subsisted between the two States, 
relative to boundary : and whereas, they, conformably to those pow- 
ers, did, on the 2Sth day of April, in the year 1787, in convention at 
Beaufort, in the State of South Carolina, by certain instruments of 
writing to which the said commissioners interchangeably set their 
hands and affixed their seals, make mutual concessions and a.gree- 
ments for the pm-pose aforesaid : 
Beaufort Be it therefore enacted, 4'c. That whatever was done* by the said 

raSfiedV"^ commissiouers, or a majority of them as aforesaid, is hereby ratified, 
and shall be considered as binding upon the citizens of this State, any 
law to the contrary notwithstanding. 

n. NORTH CAROLINA LINE. 

The boundary between North Carolina and Georgia, vrliicli lias been the subject of 
so much controvers}-, has arisen -prmcipally out of the difficulty of fixing on the thirty- 
fifth degree of north latitude Vv'ith such exactness and certainty' as to satisfy both jjarties. 
The first measure that appears on the Statute Book, is a resolution of May 7, 1803, 
[Vol. II. 673,] du-ecting the Governor to take such measures as he may deem necessary 
*' to a'^icertaiii and identify that tract of country ceded by the United Stares to this State," 
and also to ascertam to what part thereof the Indian title had been extinguished, and 
to direct the Surveyor General to lay a map) thereof before the next Legislature. 

On the lOlh Dec. ISOi, an Act vras ijassed [Vol. 11. 189,] wliich, deducing in its pre- 
amble the chain of the Georgia title, gives by enactment an authority to the Governor 

* For the Beaufort Conven.tion, at length, see *' Crawford and Marbury," LaAvs, voL 
1,662. 



BOUNDARY. - 151 



(jeor2:ia and Alabama. 



to appvoiiit comniLssioners to meet sucli as may be appointed by North Carolina, lor as- 
certaining and designating tlie lines of Walton County. The resolution of December 5, 
1807, [Vol. II. G82-i,] reciting that the commissioners and artists from both States had 
proceeded in their duty; but that from the differences in result among themselves, and 
from other causes, the Georgia commissioners appeared not to be conhdent of the accu- 
racy of the calculations : And therefore resolved, that three commissioners be appointed, 
to be attended by two artists and the Surveyor General with other instruments, for che 
purpose of ascertaining satisfactorily this parallel of latitude, requesting of North Caro- 
Hna her co-operation in this measure ; and that in the mean time the people of that 
County might not be disturbed by any officers of that State. The State of North Caro- 
lina not having attended to this, the resolution of December, 1808, [Vol. 11.689,] requests 
the Governor to renew his application to the Government of that State ; and should 
they refuse or fail to co-operate, the Governor of Georgia is requested to proceed alone. 
Nothing, however, appears to have been done in pursuance of these resolutions. On 
the loth of December, 1809, [Vol. II. 690,] the Legislature addressed her memorial to 
the General Government, briefly seating forth the origin and progress of the dispute, and 
praying the Government of the United States to appoint a proper person to run the di- 
viding line through its whole extent between the two States. There being some unex- 
pected difficulties in this course ; and there being now, it would seem, a better prospect 
of amicable adjustment with North Carolina, the Legislature once more, by resolution 
of loth Decombcr,^ 1810, [Vol. II 694,] invited the attention of the sister State to the 
subject. The Governor, by that resolution, Avas authorized to employ Mr. Andrew El- 
licott to ascertain the 35th degree of north latitude for the satisfaction of Georgia alone, 
if North Carolina would not concur. Bat the Governor was to advise the Executive of 
North Carolina of this measure, with the assurance, that if that State would co-operate, 
the observation taken should be final and conclusive. Mr. Ellicott made his observa- 
tions, which were acquiesced in ; and here' ended the dispute, as to the parallel of lati- 
tude. But the line was not then run out and marlcel. The resolution of 9th Nov-em- 
b'Cr, 1818, [Vol. II. 1197,] directs the Governor to appoint persons to meet such as may 
be appointed by North Carolina, to run and plainly mark tlie dividing line between the 
States of North Carohnaand Georgia. And that that State be invited to co-operate in 
this measure. 

III. ALABAMA. 

The prospect of a cession of Creek lands adjoining Alabama, rendering it important 
for the line to be run, and the Legislature deeming that duty incumbent on the United 
States, directs the Governor to bring this subject to the attention of the President, and 
to appoint an artist and one other person to co-operate on the part of the State, [lies, of 
Nov. 29, 1822, Vol. IV. 21, of Kes.] 

In 1824, referring to the necessity of having this business accomplished as soon as 
possFole, the Legislature reuuest the Governor to continue his exertions to that end. 
[lb. 29.] 

At the extra session of June, 1825, supposing an Act for the survey and disposal of 
the territory lately acquhed, bounding on Alaljania, Avould pu'obably be passed before 
the adjournment, and as Alabama and the General Government had botli declined any 
agency in the measure contemplated, the Governor is required to appoint commissioners 
to ascertain the boundary line, according to the compact of 1802 ; duly notifying Ala- 
])ama and acting with her commissioners if that State -should think proper to appoint 
them. [lb. Res. p. 50.] 

In December, 1826, the committee report what had been done by the Georgia com- 
missioners, Messrs. Blount, Crawford and Hamilton. That Miller's Bend had been as- 
certained to be the first great bend in the Chattahoochee above the mouth of Uchee 
creek, from which a right line to Nickajack would not touch the river. But the Ala- 
bama commissioners not agreeing to this as the beginning point, and contending for 
another, those of Georgia proceeded to ran the line alone from Miller's bend. Ileferring 
to the Constituticn of 1798, art. I. f-ec 23, which reserves to Georgia the -whole of the 
(Jhattahoochee, some of which would be thrown into Alabama by the line proposed by 
the commissioners of that State, the Legislature concurs in the line designated by the 
Georgia commissioners and recognizes it as the trv>e line contemplated by the articles of 
cession of 1802. [lb. 66.] 

Alabama having protested against this boundary in 1828, the committee's report 
adopted by the Georgia Legislature of that year, reviews the whole controversy, sums 
up the arguments, adheres to the line as run by Georgia, and expressing kind and ami- 
cable feelings for Alabama, indulges the hope she will not persist in what is conceived 
to be an error. [lb. 115 of Res.] 

That State, however, being still unsatisfied with the line as run, and having passed 
certain resolutions concerning it, the subject is brought before the Legislature in 1833. 
They notice the invitations given to Alabama and the United States to co-operate, and 



152 BOUNDARY. 



Georgia and Morida. 



their failure to do so ; The action of Georgia alone under circumstances of urgent ne- 
ce?isity not admitting of delay ; the x^rivate titles now held under Georgia iip to the line ; 
and linallj^ that the United States, and not Alabama is interested in the question so far 
as the private right of soil is concerned. That therefore Georgia cannot consent at 
present to open th^ question of boundary, but if Alabama wishes to obtain further in- 
formation, to satisfy herself, Georgia ^^dll afford all tacilities in her power ; and after 
the exact points of difference, and the amount of territory involved in the controversy 
are knov>m, it will be in time for Georgia to consider and determine what course will be 
most just and proper. [Pam. of 1833, p. 315.] 

IV. FLOPJDA. 

The resolution of December, 1818, [Vol. III. 1201,] authorizes the Governor to ap- 
point two persons to ascertain the true head of the Saint Mary's river, and if it shall 
appear that the mound thrown up by Mr. Ellicott and the Spanish depiitation is not at 
the place set forth in the treaty with Spain, that they make a special report of the facts 
to the Governor, who shall thereupon communicate the same to the President of the 
United States, Avith a request that the lines may be run agreeably to the true intent 
and meaning of the treaty. The Governor requested to open a correspondence with the 
Genercil Government, and with that of Florida if necessary, with a view to a permanent 
estabhshment of the Hue. [lies, of 20th November, 1824, Vol. IV. 38.] The Executive 
requested to associate with one under the United States in performing this service. [De- 
cember 4, 1826. lb. 66.] 

The United States and Georgia commissioners not having been able to agree, the 
Legislature of 1827, referring to the only point of dispute, the head or source of the 
river St. ^lary, deny that Ellicott's mound marks it truly, or that Georgia is concluded 
by any supposed acquiescence in that designation, and object to the assumption by 
Congress of that location as the true one ; and requests our delegation in Congress to 
procure an Act authorizing the line to be run, not spccilically as before from that mound, 
but to ascertain the true point without any regard to previous operations, and run the 
line according to the treaty of 1795. [lb. 91.] 

The resolution of 1828, referring to the adverse report of the Representatives' com- 
mittee of Congress, review and oppose the reasonings of that report, denying that the 
joint Americaji and Spanish commission had any authority to vary the treaty with 
Spain, if, as the Legislature contend, they did vary it, or any way to conclude the rights 
of Georgia ; and that any supposed acquiescence of this State was under a mistake, 
which, until discovered, could not have prejudiced her rights. Deducing the claim of 
Georgia from our old charter, the commission to Governor Wright, [Vol. I. 672,] the 
definitive treaty of peace with Great Britain, and the treaty with Spain of 1795, recog- 
nized and acted on by our own Act of 1783, [lb. 323] and by our State constitution, 
and from several other documents, all referring to " the most southern stream" of the 
Saint Mary, the Legislature contend for the source of the most southern tributary of 
that river as the true point ; and Kesolve, that Congress be earnestly requested to pass 
an Act which shall direct the line to be run without reference to Ellicott's Mound, as 
required by the Act of Congress of May, 1823, but generally " according to the pro- 
visions of the second article of said treaty ;" and in the event that Congress should re- 
fuse to do this, that then the Governor is authorized to appoint commissioners with a 
surveyor and artist so to run and mark the line. [Vol. IV. 127.] 

The Legislature of 1829, regretting that no such Act as requested had been passed by 
Congress, deem it sufficient to reler to without reiterating the full exposition of this 
subject made at the preceding session. They do not view the land in controversy, but 
the rights of the State as the main question ; and not considering itself invested with 
the constitutional power to give ux) or barter away or rehnquish its jurisdiction over any 
portion of the territory or citizens of the State, renew the clahns of Georgia as before as- 
serted, and repeat in substance the resolutions of the preceding year. [lb. 135.] 

In 1830, the Legislature again sustain, by further argument, the claim of Georgia, re- 
peat the request to Congress so to amend the Act of May, 182G, as to admit of a joint 
demarkation of the boundary vdthout reference to the termimts designated by Mr. El- 
licott; and that, in failure of this attempt,, "that the question ought to be carried for 
decision before the proper judicial tribunal." [Pam. 229.] — Prince. 

In 1845, the Legislature passed a Kesolution authorizing and requesting the Governor 
' to appoint two commissioners to meet such as might be appointed on the part of Florida 
"for the purpose of settling the boundary between said States." Simultaneously, al- 
most, the Legislature of Florida passed a sunilar Resolution. Messrs. Joel Crawford 
and J. Hamilton Couper, Avere appointed on the part of Georgia, and Messrs. John 
Branch and Wm. P. Duval, on the part of Florida. By arrangement, the commissioners 
met at Bainbridge, in March, 1846, " for the purpose of agreeing upon rules by which 



CESSIONS TO THE UNITED STATES— 1791-1804. 153 

Tybee LigMhotise — Cession of Mississippi Territory, 1802 — Locations for lighthouses. 

the controversy might be adjusted." The commissioners disagreeing as to the object of 
the mission, those on the part of Florida, insisting that the eastern terminus was not an 
open question — the result was a failure to settle or define the boundary line. 

In 1847, a rejoort was adopted by the Legislature of Georgia, recommending " the 
submission by the two States to the Supreme Court of the United States, of the abstract 
question, whether so much of the Treaty of the United States with Spain, in 1705, as 
provides for the ascertamment and establishment of a boundary betw"een Georgia and 
Spain has been executed in pursuance of the terms of said Treaty. Should the decision 
of the Supreme Court determine that that portion of the treaty has been executed by 
the commissioners of the United States and Spain — that then, the Governor of Georgia 
appoint two commissioners, to unite v»ith an equal number on the part of Florida to 
mark the line from Ellicott's mound, to the junction of the Flint with the Chattahoochee. 
In the event of the decision that the boundary has not been ascertained and established 
— then a joint commission to be appointed to ascertain " the head of the St. Mary's 
river," whence the line should be run. In December, 18-18, the Legislature of Florida, 
without noticing the action of Georgia, passed Resolutions, requiring the Attorney Gen- 
eral *' to iile a bill in the Supreme Court of the United States, to confirm and quiet the 
boundary line betv%-een the State of Florida and the State of Georgia." This is the pre- 
sent condition of the question. 



CESSIONS TO THE UNITED STATES.-1791, 1847. 

An Act to empower the Senators^ or one Senator and tivo Represen- 
tatives, from this State, in the Congress of the United States, to 
sign, seal, and deliver a Deed of Cession of the Lighthouse on 
Tybee Island, and five acres of land hclonging thereto, to tiie 
United States. — Approved December 15, 1791. Vol. I. 344. 
Prince, 150. 

An Act to amend an Act^ e7ititled " an Act to carry the twenty-third 
section of the first article of the Constitntion into operation, so 
far as relates to the potvers vested by the same in the honorable 
Abraham Baldwin, James Jones, and Benjamin Taliaferro, 
Esqrs. commissioners on the part of Georgia, to make a cession 
of part of the nnlocated territory of said State to the United 
States. — Approved December 2, 1800. Vol. I. 586. Prince, 151. 

An Act to ratify and confirm certain articles of agreement a7id cession 
entered into on the 2^tii day of April, 1802, between the Commissioji- 
ers of the State of Georgia on ihe one part^ and the Commission' 
ers of the United States on the other part. — Approved June lb, 
1802. Vol. 11. 48. Prince, 151. 

An Act to cede to tli.e United States jurisdiction over four acres of 
Land on the Southern extremity of St. Simon's Island, and six acres 
of Land on the Southern extremity of Cumberland Island -\jorthepvr- 
]-ose of erecting Lighthouses. — Approved December 10, 1804. 
Vol. 11. 197. Prince, 154. 

* Vol. I. 584. Superseded by this. 

fSee Resolution of June, 18.07, on this subject. Vol. II. G75. 

20 



54 ■ CESSIONS TO THE UNITED STATES— 1808-'47. 

Forts, &c. — Custom-hoLise, &;c. — Land on Fig Islaiid, &c. 



A?i Art to cede to the United States jurisdiction over five acres of Land, 
on the Soidliern cxtreniify of Snjjclo Island, for the jjurpose of erect- 
ing a Ligluhotise. — Approved May 23, 180S. Yol. II. 438. Priiice 
154. 

A7i Art to cede jurisdiction over Lands acquired hy the United 
States, for the purpose of erecti?ig Foi^tifications in this State. 
Approved Dec. 22, 1808. Yol. II. 466. Prince, 154. 

An Act to cede jurisdiction over five acres of Land on Wolf Island 
or part thereof across the Creek at the West end of said Island, 
for the purpose of erecting a Lis;hthouse or Beacons. — Approved 
Dec. 14, 1819. Yol. III. 434. Prince, 155. 

An Act to cede to the United States of J^merica the Interest of the 
State in, and its Jurisdiction to, certain Sites on the Savannah 

River, whereo7i Bectcons have been erected. — Approved Dec. 22, 
lb20. Yol. lY. 244. Prince, 155. 



'J 



An Act to cede to the United States Jurisdiction over Marsh Islnnd, 
for the ■]rnr\iose of eredinor Beacons. — Approved May 16, 1821. 
Yol. lY. 244. Prince, 155. 

An Act assenting to and confirming a purchase madehy the United 
States oj apiece of Land, situated near Augusta, Georgia, and for 
■ceding the JarisfJiction over fhe same. — -Approved Dec. 26, 1826. 
Yol. lY. 261. Prince, 155. 

uin Act assenting to and confirming a jnircliase which is ahout to he 
■made, or may bernadebij the United States of a. viece of land situa- 
ted near Augusta, Georgia, and fir ceding flic jurisdiction over the 
same. — Assented to Dec. 27, 1843. Pam. 68. 

Aji Act V to give the consent of the State of Georgia, to a purchase hy 
the United States oj a lot of land in the City of Savannah, for the 
use of a Custom House, and to cede the jurisdiction of the same. — Ap- 
proved Nov. 18, 1845. Pam. 24. 

An Act to cede to the United States of America all the right, title 
and interest of the State of Georgia, in, to and over a reserve of 
twenty acres of land on the Island of Corkspur. in the Savannah 
7dver ; and also the jurisdiction thereof. — Approved Dec. 27, 1845. 
Pam. 97. 



An Act to give the consent of the State of Georgia to a purchase 
made by the United S fates, of a lot of land in, the City of Sava?i- 
nah, for the purpose of erecting a C ustom- Ho use thereon ; andalsOj 



COAST SUIiyEY~1847. 



155 



Privileges to persons engaged tiiercln 



to the jjurchcise of Ian I on Fig Island^ Oiiivhich are ahoitt to be 
erected a Light-house and othern-xassary buildings, and to cede the 
jurisdiction over the swrne. — Approved Dec. 7, 1847. Pam. 207. 



An Act consenting to the purchase of land at Cutnberland Sound, 
and ceding to the United States jurisdiction over fJie saim, except 
in civil and criminal cases.— A])pTOYed Dec. 29, 1847. Pam. 206. 



COAST SUllYET-1847. 



Sec. 1. Entering on lands. 
« 2. Assessment of Damages. 
*' 3. licturn of issue. 



Sec. 4. Costs. 
'* 5. Fees. 
" 6. Injury to signals, &c. 



An Act to authorize persons engaged in the United States Coast 
Survey^ upon the Coast of Georgia, to enter on lands within this 

. State for' the purpose of said survey, to protect the operations of 
the same froyn injury and molestation ; to ascertain the mode of 
assessing damages caused to any property in the progress of the 
same, and to provide for the punishment of offenders against the 
provisions of this Act, and for other purposes. — Approved Dec. 
30, 1847. Pam. 59. 

Whereas, according to the provisions of an Act of Congress, 
passed February 10, 1807, and Acts supplementary thereto, and in 
pursuance of the same, the operations of the United States Coast 
Survey have reached the coast of Georgia ; and ivhereas, it is im- 
portant that such operations should be carried on without hinderance 
or injury, and that certain privileges should be granted to persons 
employed in the same, without detriment nevertheless to the citizens 
of Georgia : 

1. SsG. I. Beit therefore enacted, That from and after the pass- p°''^^''"s ^m- 
mg of this Act, any and every person employed under and by vir- coast survey 
tue of an Act of the Congress of the United States, passed the 10th oThmdrfor 
day of February, 1807, and the supplements thereto, concerning the JherS^''^^* 
United States Coast Survey, may enter upon lands and clear and 

cut timber within this State upon the same, for the purpose of ex- 
ploring, surveying, triangulation, levelling, or doing any other act 
requisite to effect the object of said Act of Congress, without being 
considered as a trespasser, provided no unnecessary injury be done 
thereby. 

2. Sec. II. If the parties interested, namely, party or parties 



156 COAST SURVEY— 1847. 



Mode of assessing clama;:;-es — Penalty for Avanton injurj^ 

Mode ^of as- representing the Government in the United States "Coast Survey on 
agS."^ '^™ the coast of Georgia, and the owners or possessors of the land so 
entered upon, and to which damage may have been done, cannot 
agree together upon the amount to be paid for the, damages caused 
by doing any of the acts aforesaid, either of them may complain in 
a summary manner to the nearest Justice of the Peace for the dis- 
trict of the County where the damages may have been committed, 
who shall associate with himself two disniterested freeholders of the 
said County, one to be named by each party interested, who shall, 
upon hearing the parties, and vv^ith or without view of the premises, 
as they may determine, proceed to assess and award any damages 
which may have accrued to the owners or possessors of the land' so 
entered upon : Provided, nevertheless, that the party complaining as 
aforesaid shall serve upon the opposite party interested xeii days"^ no- 
tice in writing of the time and place wb^en and Vv^here said complaint 
is to be heard, and the name of the freeholder by him selected. 
Report. 3. Sec. III. The said Magistrate and freeholders shall, without 

unreasonable delay, file in the othce of the Clerk of the Inferior 
Court of the County where the said complaint may have been heard, 
a report of their proceedings, which report shall be conclusive against 
the parties and be evidence of their assent to the same, unless either 
of them shall, within ten days after the filing of the said report, file 
Objections, a general or special objection to the same in the office of the said 
Siai! ^" Clerk, of which the other party shall have notice : whereupon an 
issue shall be made up aiid a trial had at the next term of the Infe- 
rior Court for the said County, in the same manner in which civ»il 
cases are tried, except that the judgment shall be rendered and the 
dama!^es assessed at the first term. 
If damages 4. Sec. 1Y . Auy pcrson so entering land as aforesaid, for the 
ium tender- purposes aforcsaid, may tender to the party injured suflicient amends 
be recovered ^^^' ^^^7 damage douc upou the said land ; and if upon the examina- 
tion before the Justice of the Peace and freeholders as aforesaid, or 
upon the trial before the Inferior Court, the damages finally assessed 
shall not exceed the amount so tendered, the person who has so en- 
tered and made tender of amends shall recover his costs. 
Costs and 5. Sec. Y. The Justice of the Peace and freeholders aforesaid, 
^*^^''' upon complaint made to them as aforesaid and decision given, shall 

receive [the] same costs to which by law Justices of the Peace are 
entitled in a civil case from summons to judgment; and upon the 
trial in the Inferior Court the costs shall be taxed by analogy to the 
bill of costs in said Court established by laiv. 
wsntonin- 6. Sec. YI. That if any pcrsou or pcrsous sliail wilfully or v/au- 
S,&c!'^' tonly injure, deface or remove any signal, monument, building, or 
indictnJnt ^^^7 appendage thereto, used or constructed in the State of Georgia 
under and by virtue of the Act of Congress aforesaid, he and they 
shall be liable to indictment for the same under this Statute, for each 
and every such offence, and upon conviction shall be sentenced to pay 
a fine of fifty dollars, one-half of which shall go to the prosecutor 
and the remainder shall be appropriated according to the laws of 
Suit for this State regulating the disposal of such fines ; and he and they 
amages. ^^idW also be liable for all damages sustained by the United States of 



COINS AND CURRENCY— 1789-'96. 157 

Coin pass by tale — Provincial currency— Federal currency. 

America b^ reason of any suc'ii injury, defacement or removal, to be 
recov^ered by' action on the case in any Com't of competent jurisdic- 
tion. 



COINS AND CURRENCY; 



Sec. 1. Pass by tale. 
•* 2. Value of dollar. 



Sec. 3. Public Accounts. 

" 4. Verdicts. 



An Act to prevent the clipping mid niutilati^ig the Current Coin of 
this State. — Approved Feb. 3, 1789. Vol. I. 59. 

Whereas, the most mischievous consequences are daily experienced 
by the good citizens of this State, fi-om th(i nefarious practice of 
clipping and mutilating the circulating specie thereof, to prevent the 
same, 

1. Sec. I. Be it enacted, Ifc. That all gold and silver coin of poin to pass 
full weight shall pass current by tale within this State. ^^ 

[Sec. II. prescribing a penalty for clipping coin, repealed by Act 
of Dec. 29, 1847. Pam. 206-1] 



An Act for regulating the rates of Coin.- — Approved Dec. 29, 1794. 

Yol.Y 60. 

2. Sec. I. After the first day of July next, a Spanish milled dol- Dinars to be 
lar shall pass and be received in payment of all debts which may be ei Jht Siii- 
contracted by or with any person or persons within this State, and in lL",?j,ence, 
payment of all taxes that ma}^ be laid or assessed after the present J"f ^^^"^"^ 



_ coins in the 

session, at the rate of eight siiillings and four pence, 4: and all other ^^•"^ p^'^p^'- 

coins in the same rate and proportion : Provided, nevertheless, that 

this Act shall not be so construed as to affect any contract or money . 

transaction, made or entered inti* prior to the first day of July, 1795 ; 

And provided also, that nothing; herein contained shall be so con- ;^^^ ^^ ^^^^'^^ 

strued as to reduce or aiter the lees or salaries of the several ofiicers r'es of offi- 

within this State. 

An Act to regulate the manner of keeping Public Accounts ivithin 
this AS7a.^e.— Approved Feb. 22, 1796. Yol. I. 33. 

3. Sec. I. From and after the first day of March, 1796, all ac- 

-*Sce " Banks and Banking," and "Penal Laws," for Acts in relation to change bills. 
Sec " Central Banlv," and " Public Debt," for Acts in relation to " Bonds of the >Statc." 

■ -r-t /'• • r A. . •__ i^c 11 ir i> - , n ... 




jal tender 

at the rate of 4 shillings and 8 pence to the dollar, and 37 shiUings and 4 pence to the 
half Johanna of Portugal. VoL I. 380, 8i. Friiice. 



/ 



158 



CONVEYANCES. AND REGISTRY— 1755. 



Analysis. 



Public ac- counts ill the public offices, and all accounts of the tax collectors of 
kept in Vi- this State, shall be expressed in dollars or units, dismes or tetiths, 
^^^^' cents or hundredths, and mills or thousandths ; a disme being the 

tenth part of a dollar, a cent the hundredth part of a dollar, and a 

mill the thousandth part of a dollar. 

4. Sec. II. The verdicts of Juries, on all contracts which shall 

be made after the first day of March next, shall be expressed con- 



Verdicts to 
be in dollars. 



formable to this reoulation. 



CONVEYANCES AND P.EGISTRY.*-1755. 



Sec. 1. AVhcre and when rocorded. 

2. Fraudulent Conyeyances. 

3. Former records. 

4. Sales by agent or attorney. 

5. iSales by husband and \yi±"c. 

6. idodc of relinquishiTDcnt. 

7 . Conyeyance yaiid. 

8. Record in Secretary's oiiice. 

9. Two or more mortgages. 

10. l)oy,'er in mori"ga^T,ed laud. 

11. Formal defects. 

12. Continuation of Act. 

13. Formal defects. 

14. Execution of Deed. 

15. Kclinquishnient of Dower. • 
1() Foreign poyvcrs of attorney, &c. 

17. Sales by attorne}'. 

18. Papers lost during vrar. 

19. Time of Ilegistry extended. 

20. Entails prohibited. 

21. One witness or clerk. 

22. Fraudulent assignments. 

23. Bills of sale, &c. 

24. Fee-tail vests fee-simple. 

25. Fee-simple uidess restricted. 

26. Affidavit not signed. 

27. Record not in time. 

28. Time extended. 

29. Dower barred in lands sold, 

30. Mortgages, probate. 

31. Time of recot'd. 

32. Future probate. 

33. Unrecorded, lose lien. 

34. Mortgage made out of State. 

35. Lien lost, unless recorded. 
33. Recorded deeds evidence. 



Sec. 


37. 


(( 


38. 


(( 


39. 


(( 


40. 


<( 


41. 


<( 


42. 


(( 


43. 


(< 


44. 


a 


45. 


<( 


46. 


(( 


47. 


(< 


48. 


(( 


49. 


(( 


50. 


a 


51. 


(< 


52. 


(< 


53. 


(< 


54. 


<< 


55. 


{( 


56. 


(( 


57. 


(< 


58. 


n 


59. 


(( 


60. 


(( 


61. 


ti 


62. 


(( 


63. 


<( 


64. 


(( 


65. 


(< 


66. 


(( 


67. 


(< 


68. 


(( 


69. 


(( 


70. 


<< 


71. 


(( 


72. 



Time extended. 

Commissioners in other States. 

Powers. 

Oath. 

Sales by Academ}^ Commissioners. 

Time extended. 

Recorded deeds evidence. 

Time extended. 

Recorded at any time. 

Tvro deeds — which takes. 

Gift of slaves. 

Witness dead. 

Rccox-ded at any time. 

Also bills of sale. 

Date of record omitted. 

Consuls and vice consuls. 

Witness to any contract. 

Certihcates evidence. 

Tax Collector's deeds. 

Witness dead, insane or removed* 

Attestation of Clerk. 

Record allowed. 

Dower barred by Sheriff's sale. 

Record oifi. fa. 

Improper records— copies. 

Marriage settlements, 12 months. 

Future, 3 months. 

Purchaser and creditor. 

Probate before Clerk. 

Official attestation. 

Act of 1838 extended. 

Execution in other States. 

Probate and attestation of Clerk. 

Probate not recorded. 

Probate before Not. Public, 

Perjury, 



*For the process of foreclosure of mortgages, see " Judiciary," sees. 358, 359. 

As to fraudulent conveyances to avoid payment of tax, see " Tax," sec. 15. 

See also, as to the liability of mortgagee for tax, sec. 15. 

For Act declaring deeds to estrays and vacant lots levied on and sold under certain 
circumstances void, see " Penal Laws," sec. 372. 

For Acts providing for the record of Judicial proceedings, see title *' County Funds 
and Records," sec. 20. 

For Act in relation to the Registry of P"rCi% see '* County Ofliccrs" sec. 34. 



CONYEYANCES AND REGISTRY— 1755. 159 

Provincial Act as to recording conveyances. 



Aji Act to prevent Fraud idcnt Deeds of Conveyance.^ — Approved 

March 7, 1755. Vol. I. 111. 

Whereas, many inconveniences may attend the want or neglect 
of recording in the public offices of this province all conveyances of 
lands, negroes, and other chattels, or mortgages of the same : 

1. Sec. I. Be it euactcd, That all conveyances of lands, tene- conveyan- 
ments, negroes, and other chattels, or hereditaments whatsoever, or gtg'es, &<•- 
mortgages of the same, that were made before the passing of this Act, Jn^'wha^ 
shall be registered in the register of the records' office of this province, Jg^orded!'^ 
within three months after the publishing of this Act, except such as 
have been or may be hereafter executed in Europe, which shall be 
registered as directed by this Act, within a twelve month and a day ; 
and except such as have been or may be hereafter executed in the 
West India Islands, or on the American continent, north of South 
Carolina, which shall be registered by this Act within six months ; 
and such as may be hereafter made within this province be register- 
ed within the space of sixty daysf from the date of the several deeds, 
conveyances, or mortgages ; in failure of which, all such as are law- 
fully and regularly registered as aforesaid, shall be deemed, taken, 
and construed to be prior, and shall take place and be recoverable in 
law before any and every deed, conveyance, or mortgage, which has 
not been lav/fully registered as above, any law, custom, or usage to 
the contrary notwithstanding. J 

For Acts in relation to the recording of Sheriff's and Constables' Bonds, sec " Coun- 
ty Officers," sees. 71, 73. 

Administrators' and Guardians' Bonds, sec " Executors, &c.," sec. 120. 

For Acts requiring the records to be kept in well-bound books, see " County Funds 
and ilecords," sec. 2. 

For Act in relation to what amounts to a Seal, see '* Evidence," sec. 29. 

For Act authorizing the liegistry of final receipts of Executors, Administrators and 
Guardians, see " Execu.tors, &c." sec. 126. 

For Act authorizing lleligious Societies to hold Real Estate, see •* Religious Socie- 
ties," sec. 1. 

For Act prohibiting oral evidence to convert a Deed into a Mortgage, see " Evi- 
dence," sec. 28. 

For Act authorizing Foreigners to take mortgages, see " Foreigners," sec. 5 — and 
deeds, sec. 9. 

For proceedings where contracting vendor or vendee of land dies, see " Executors, 
&c.," sees. 71, 83, 8i. 

For Act in relation to reservation of " Burying Grounds," see '• Penal Laws," sec. 
359. 

For Act in relation to " Survivorship among joint Tenants," see •' Judiciary," sec. 
293. 

For Act declaring sales and mortgages of land before the grant issues void, see title 
"Land," sec. 116, 129. 

*As all Acts must govern the contracts made under them, it seems difficult to assign 
any period when those relating to conveyances may be considered as obsolete. Personal 
contracts, indeed, are generally disposed of by the Statutes of Limitation ; but questions 
of title, especially to real estate, very frequently depend on the soundness of former 
titles ; so that real property is held under not only recent Acts, but under those that 
have been in force at various periods heretofore. For these reasons, it is deemed best 
not to mutilate the Statutes on this subject, but to present them entire. — Prince. 

fMortgages must now be recorded within three months (Act of 1827, sec. 30,) and 
deeds A^ithin twelve months. (Act of 1785, sec. 14.) See also Acts of 1837 and 1839. 

:}:See sees. 31, 32, et seq. as to the recording of mortgages and the ell'cct of a failure. 
jSee also Act of 1837, sec. 4, when there are two deeds, sec. 48 of this title. 



160 CONVEYANCES AND REGISTRY— 1755-'57. ' 

Penalty for second deed and mortgage — Deeds of agents or attorneys. 

And in order to discourage and deter all and every person and per- 
sons from making any fraudulent conveyances or mortgages : 
If fraudu- 2. Sec. II. Be it enacted, That if any vendor or mort^aorer of 

lent howde- o o 

tected and iauds, tenements, negroes, or other chattels, or hereditaments, within 
punibie . ^1^.^ province, shall presume to execute a second or other deed of 
conveyance, or sale of the same lands, tenements, negroes, or other 
chattels, or hereditaments, other than the first vender of such lands, 
tenements, negroes, or other chattels, or hereditaments, or a second 
or other deed of mortgage, without having taken notice in the said 
deed of mortgage of the first or prior mortgage or mortgages with 
which the said lands, tenements, negroes, or other chattels or heredita- 
ments, stand charged at the time of executing the said deed, all and 
every person and persons so offending, shall be tried and punished, 
and be subject to the like forfeitures and penalties as the laws of that 
part of Great Britain, called England, have provided against all such 
persons as shall execute deeds of mortgage without taking notice of 
all prior mortgages made.* 

Sec hi. [Requiring wills to be recorded in three months, re- 
pealed by subsequent legislation.^] 
Deeds,wi]is, 3. Sec. IV. All dcods of couveyances, mortgages, wills or writ- 
reco?dedl ^ iugs that liavo been regularly entered in the former office of record 
deemed le- ^£ ^|,^-g pi'OYii^(.e^ shall be doemcd lawful to all intents and purposes, 
any thing in this Act or any other Act contained to the contrary not- 
withstanding. 

An Act for confinning Sales oj hand in the province of Georgia hy 
Attorneys or Agents, 6fc. — f Approved February 8, 1757. Wat- 
kins' Digest, 48. 

4. Whereas, divers persons living out of this province, are and 
have been owners of lands within the same, which persons have 
usually appointed attorneys to sell and dispose of such lands : to the 
end therefore that those who have so purchased, may from hence- 
forth be secured in their titles and estates. 
Sales by ]jg {( enacted, That all sales of lands, tenements, and heredita- 

attorneys meuts withlu this proviucc, heretofore made by any attorneys or 

deemed val- ,iti --jj it 

Id. agents, who have been appomted and empowered by any person or 

persons having a right so to do, are and shall be deemed and adjudg- 
ed good and effectual in laAv, to all intents, constructions and pur- 
poses whatsoever, as fully as if the said owner or owners of such 
lands had by their own seals and conveyances actually and really 
sold and conveyed the same ; and all and singular the lands, tene- 
ments and hereditaments sold and conveyed as aforesaid shall be and 
remain to such purchasers respectively, for such estate or estates, as 
the owner or owners, so employing his or their attorneys or agents, 
had or ought to have had therein. 

Secs. II. and III. Re-enacted in 1785 ; see sees. 16 and 17, of 
this title. 

*See sec. 9 of this title. 

t See secs. 16 and 17 of this title. 

[1.3 So declared in Harrell vs, Hamilton, 6 Ga. Rep, 37. 



CONVEYANCES AND REGISTRY— 1760. 161 

Joint conveyances by husband and wife valid — Kelinquishment of dower. 



An Act to enable Feme- Converts to convey their Estates, and for con- 
firming and making valid all conveyances and acknowledgments here- 
tofore made by Feme- Converts. — Approved April 24th, 1760.* Vol. 
I. 112. 

Whereas, the usual method of conveying lands and tenements in 
England, by feme-couverts, is by fine or recovery, which methods 
have not been practised in any of his Majesty's American colonies : 
And ivhereas, instead thereof, it has been customary in the convey- 
ances of lands by husband and wife, for the wife to acknowledge her 
consent before a Judge or Justice, being first privately examined by 
the said Judge or Justice, whether she acknowledged the same vol- 
untarily and freely : 

5. Sec. I. Be it therefore enacted, That all alienations and con- ^""7^'^": 

«/ ' , , CCS, &c. of 

veyances whatsoever, which have at any time heretofore in this i'"i<^^. "^adft 
province been made, either by husband and wife, having jointly and wife, or 
signed a deed of conveyance before witnesses, or by the acknowl-ed b^^the^ 
edgment of the wife of her consent to such a sale of lands and tene- "^[^{ii "'^'^'^ 
ments, before any of the then Justices or Magistrates, shall in such 
cases be valid in law, and good and effectual against the husband 
and wife, their heirs, and assigns, and against all other person or 
persons whatsoever, claiming under the said husband and wife, or 
either of them, to all intents and purposes as if the same had been 
done by fine or recovery, or by any other way or means in the law. 
Ajid whereas, It is necessary to secure the property of future pur- 
chasers of lands and tenements, as well as to prevent husbands dis- 
posing without the consent of the wife, what of right did or would 
belong to them : Ajid whereas, also, the method practised in England 
in these cases would prove exceedingly troublesome and very ex- 
pensive to the inhabitants of this province : 

6. Sec. II. Be it therefore enacted, That from and after the pass- iiowto h&. 
ing of this Act, all conveyances of lands and tenements shall be made regktered 
by deed of bargain and sale, or by deed of lease and release^ or by ^^^®*^*"-' 
deed of feoffment, enrolled or registered in the Secretary's office of 

this province, signed and sealed by the party conveying, before two 
or more witnesses, who shall likewise sign their names to the said 
deed ; and where a feme-convert has, or may have any right in part"?wjf'« 
or the whole of the lands and tenements to be conveyed, and the join the h«?. 
said feme-convert doth willingly consent to part with her right, by coaveyanL? 
becoming a party with her husband in the sale of such lands and 
tenements, in such cases as these, the said feme-couvert shall become 
a party with her husband in the said deed of conveyance, and sign 
and seal the same before the CKief Justice, or assistant Judges, or one 
of his Majesty's Justices of the Peace, for the parish where such con- 
tracts shall be made, declaring before the said Judge or Justice that 
she has joined with her husband in the alienation of the said lands 

*This -Act amended by Acts of 1826, and 1842 which bar the widow of dower in all 
lands conveyed by the husband or under legal sale during liis life-time, see sees. 29 & 
69 of this title. See also sec. 10, as to widow's dower in lands mortf>-aged. 

21 



162 CONYEYANCES AND REGISTRY— 1760-'68. 

EraucUilent couTeyances — Ilecord of cleeclsj Liils of sale, &c. 

and tenements of her own free will and consent, without any com- 
pulsion or force used by her said husband to oblige her so to do ; 
which declaration shall be made in the following words, or words to 
Relinquish- the like ciFeci : viz. " I, A B, the wife of C D, do declare, that I 
dower. have freely, and without any compulsion, signed, sealed, and deliv- 
ered the above instrument of writing, passed between D E and C 
, D ; and I do hereby renounce all title or claim of dower that I mnght 
claim or be entitled to after the death of C D, my said husband, to 
or out of the lands or tenements therein conveyed. In witness 
whereof, I have hereunto set my hand and seal."* And the said 
Judge or Justice shall, and is hereby required to endorse upon 'the 
deed the acknowiedsmcnt of the same feme-couvert .made before 
Justice's fee. him, and to sign the same, and shall receive two shillings and sixpence 

sterling fee, for his endorsing and signing the same, and no more. 

Such con- 7. Sec. hi. All conveyances of lands and tenements, made and 

ciaSv'aM^ executed, and enrolled, and registered, according to the intent and 

inlaw. meaning of this Act, shall emd are hereby declared valid in law, and 

good and eifectual against the party conveying, or husband and wife^ 

and their and every of their heirs and assigns, and against all other 

persons claimnng by, from or under them, or any of them, to all intents 

and purposes, as if trie same had been done by fine or recovery, or 

by any other Vv^ay or means, any laws, customs, or usages, to the 

contrar3^ notwithstanding. 



An Actio ])revtnt fraud iile lit mart gagcs^ and conveyances^ and for 
making valid all deeds and conveyances Iter et of ore made, ivith respect 
to any defect in the form and. manner ef malung tJtcrcof, vjiih cerlaiji 
restrictions. — Approved Dec. 24, 1768. Vol. I. 113. 

Whereas^ notorious frauds have been committed by evil disposed 

and designing persons, who frequently mortgage and borrow money 

on security of lands and slaves, having before conveyed, sold, or 

mortgaged the same, and the recording of all deeds and conveyances 

of lands, tenements, negroes, and other chattels, v/ill greatly tend to 

the securing the titles of the proprietors, or mortgagees, and prevent 

such frauds for the future : 

Deeds of 8. Sec. I. Be it therefore enacted, That all and every deed and 

reS'ofper-^* dccds of salc, mortgages, or conveyances of any lands, tenements, ne- 

gonai prop- p-j^-Qes, or otlicr sfoods and chattels, heretofore made in this provin.ce, 

erty, to be & ' , ~ . ' , ^ . ^ ' 

recordou in and whlch sliall be recorded in the Secretary's office of this province, 
ry'soffice' in within six mouths after the passing of this Act, except such as have 
^^ ^>^' been made and executed in any of the British islands, or in any of the 
other of the colonies on the continent of North America, which 
shall be recorded within nine months, and except also such as have 
been made and executed in Great Britain or Ireland, which shall be 
recorded v/ithin twelve months ; and all deeds of sale, mortgages, 

*See sec. 15 of tliis title. See also sec. 10, as to dower in mortgaged premises. 
fSee sec. 30 et sec. this title as to recording of mortgages, .^nd also as to mode of 
probate. 



^ CONVEYANCES AND REGISTRY~1768. 163 

iScK'OiiCi ino3-L^i'a;jo — iJovv'er in laortgagccl Itnids. 

conveyances,^ made and executed within this province, from and 
after the first' day of January, next ensuing, being recorded as afore- 
said within ten. daysf after the execution thereof, shah be deemed, 
held, and taken as the first deed of sale, mortgage or conveyance, 
and shall be allowed, adjudged, and held valid in all Courts of judi- 
cature Vv^ithin tiiis province, any former or other sale, mortgage, or.con- 
veyaiT^e, being of the same lands, tenements, negroes, and other 
goods and chattel"-, a,nd not recorded as aforesaid, notv/ithstanding. 

9. Sec. 11. Provided alwaus, and he it further enacted. That ^'^^^hod of 

11 '^-in 1 1 1 1 proccedir.g 

nevertnele?^. it it snail so happen there be more than one mortgage where there 

^ i.^ ^-3 1 X. are more 

at the same tmie, made by any person or persons to any person crma-ioages 
persons, of the same lands and tenements, liegroes, goods, or chattels, ^^'^^*^^®- 
the several late or under mortgagees, vvdio shah have recorded their 
mortgages, his, her or their heirs, executors, administra^tors or assigns, 
shall have power to redeem any former mortgage or mortgages, re- 
corded as aforesaid, upon payment of the principal debt, interest, and 
cost of suit, to the prior mortgagee or mortgagees, his, her, or their heirs, 
executors, admiLiistra.tors, or assigns, a.nything contained to the con- 
trary thereof in anywise notwithstanding- ; and all and every person P^^^^if/ for 

■' V > 11 11 i-ficoiid mort- 

and persons vv'uo shall mortgage the same bnids, tenements, negroes, s^.^e. 

goods, or cliattels, a second time, the former mortgage thereof being 

in force, and not discharged, and shall not discover to the second •'' 

mortgagee- in writing under his or their hands, shall have no relief, 

power, or liberty of redemption whatsoever, in equity or otherwise, 

of and in the said after mortgage or mortgages. 

10. Sec. lii. Provided also, and be it further enarAed, That ^^^'^'^^^^'^ 

,..,., . , ' 11 T -IT dower not 

notnmg m tnis-Act contained shall be construed, deemed, or extended i>arred in 
to bar any widow of any m.ortgager of- lands or tenements, from her iamn'^n- 
dower and right in and to the said lands and tenements, who did not iShiqui'i^ 
legally join with her husband in such mortgage, or otherwise law- ^'^• 
fully bar or exclude herself from such her doAver or right. 

And to the end tiiat no person may hereafter suffer any inconve- 
nience in recording their title deeds, by exposing the defects thereof, 

11. Sec. lY. Be it farther enacted and declared^ That no deed of Formiii de- 
feolfment, bargain and sale, deed of gift, or other conveyance, of any deeds'not to 
lands or tenements whatsoever, heretofore made, shall be impeached ^^'^^^ ^^'^™' 
or set aside in any Courts of Law or Equity for want of attornment 

or livery and seisin, or enrolment, or for that such conveyance hath 
been made by way of assignment or endorsement on any other deed 
or conveyance without other ceremony, nor for any other defect in 
the form or in the manner of the execution of any such deeds or con- 
veyances, or of the endorsements or assignments thereof, either in the 
first deed, or in any of the mesne conveyances derived therefrom ;t Proviso. 
Provided^ nevertheless^ That in case of the validity of such feoff- 
ment, bargain and sale, deed of gift, or other conveyance of lands 
or tenements, shall be questioned, the legal and usual proofs shah be 
made that the rights were and would have been in the person or 

*See further, as to recvording conveyances of personalty, sees. 32, 50, of this title, Act 
of 1827, sec. Ill ; Act of 1839, sec. II. 

fMortgages 3 months, sec. 30, &c. Deeds 12 months, sec. 14. 
JSee next Act, sec. 13. 



164 CONVEYANCES AND REGISTRY— 1785. 

Formal deJ:ecl;s in deeds — Execution of deeds — Kegistiy. 

persons conveying, if such defects had not happened in the form of 
such deeds or conveyances, or in the manner of the execution of the 
same as aforesaid, 
continua- 12. Sec. V. This Act shall continue and be in force for and 
°* during the term of three years from and after the passing thereof, 

and from thence to the end of the next session of the General As- 
sembly, and no longer.* 



An Act lo remder easy the mode of conveijing hmds, and for maJdng 
valid, all deeds and conveyances heretojore that may be deficient in iiolnt 
o/'yorm.f— Approved Feb. 22, 1785. Vol. I. 115. 

Whereas^ many deeds of bargain and sale, and other deeds of 
feolimeiit oi conveyance, have been made, which have not been en- 
rolled, or livery and seisin had, or may be deficient in point of form, 
when it was the legal intent of the party to sell and lawfully convey 
the same : 
Nodeed,&c. 13. Sec. I. Be it enacted, ^"c. That no deed of feoffment, bar- 
ready made gain and sale, and deed of gift, or other conveyance of lands or ten- 
Isfdefor^^ ements whatsoever, heretofore made, shall be impeached or set aside 
wenVoi-^'"'^™ in any Courts of Law or Equity for want of form, or livery and 
''*®"*- seisin, or enrolment, or for any other defect in the form, or in the 
manner of the execution of any such deeds or conveyances, either 
in the first deed, or in any of the mesne conveyances derived 
therefrom, so that the right were and would have been in the person 
or persons conveying, ]f such defects had not happened in such con- 
veyance, or in the manner of the execution of the same as afore- 
said. 

14. Sec. XL And to the end that such evils may be remedied in 
future, 
Execution of }j(. ^i enacted, (Sf^'c. That all deeds- of conveyances, by way of bar- 
future. " " gain and sale, bona fide, of lands or tenements, and executed under 
nZssZ^ hand and seal in the presence of two or more witnesses,! ^^^^ ^ ^^^' 
uable consiHev; tion paid, that are proved or acknowledged before a 
Justice of the Peace, § or before the Chief Justice, or one of the 
Recorded^ m assistaut Justiccs, and the said deed is registered by the Clerk of the 
offlcSln ^ i' the County where such lands or tenements lie, in a book 

12 months. ^^ j^^^.^ ^^ ^^ \ie^t for that purpose, within twelve months|| from the 
date of such deed, for which he shall receive four pence per copy 
sheet of ninety words ; then, and in that case, such deed of convey- 
aiice by way of bargain and sale shall be, and the same is hereby 

*Ecvived and perpetuated by Act of 1784, title " Laws," sec. 2. 

•fSee sec. 4, of this title. 

JAs to deeds attested by a single witness, being a Justice of tb.e Peace or Clerk, see sec. 
21, this title, and note thereto. 

§See Act of 1837, sec. Ill, sec. 32 of this title. 

JITirae extended where a failure to record, by several Acts, until by Acts of 1837 and 
1839, deeds may be recorded at any time ; see sec. IV of the Act of 1837, as to the ef- 
fect of a failure to record within twelve months, sec. 46 of this title. 

[1.1 If the acknowledgment is without date, it will be presumed to be at the time of the 
ft-secution of the deed. 1 Kelly, 3. 



CONYEYANCES AND REGISTRY— 1785. 165 

Kelin luishineat of clower — S^)ecialties and powers of attorney made in other States. 

declared to be good and valid in Law and Equity, according to the 
true intent, construction, and meaning thereof : Provided^ neverthe- 
less^ that nothing herein contained shall extend, or be construed to 
extend, to prevent any }:er^on or persons, who shall prefer the former 
mode of conveyance by wa^r of lease and release, from using the 
same, or in the least to impeach or discontinue that form of convey- 
ance, where the same shall be preferred by the parties contracting as 
aforesaid, on condition only that the said deeds of lease and release 
hereafter to be made, be duly registered in the County where the 
lands lie, within one year from and after the date of such deeds. 

15. Sec. Hi. And in case of dower, Be it further enacted. That i^eiinquisii- 
any such deed of conveyance of lands or tenements, in which a er. 
feme convert may be interested, by dower or otherwise, and that such 

feme convert doth voluntarily with her husband agree, and sign, seal 
and deliver, before lawful evidence, such deed of conveyance of any 
lands or tenements as aforesaid, and also before the Chief Justice, or 
any Justice of the Peace, on private examination, doth acknowledge 
and agree that she did, of her own free will and accord, subscribe, 
seal and deliver the said deed, with an intention thereby to renounce, 
give up, and forever quit claim to her right of dower and thirds of, 
into aiid to the lands or tenements therein mentioned, then, and in 
that case, such deeds of conveyance, or bargain and sale, of lands 
and tenements, shall be held, deemed, and considered, according to 
the construction and meaning thereof, to be good and valid in Law 
and E juity, and shall be, and is hereby declared to be a free, full and 
absolute renunciation of dower and thirds, any law, usage, or custom 
to the contrary notwithstanding.* 

16. Sec. IY. All bonds, syjecialties, letters of attorney, and other ho,^ sp®- , 
powers in writing, which shall be produced in any Court, or before powers of 
any Justices in this State, the execution whereof being proved by nladpTn oth- 
one or more of the witnesses thereunto, by affidavit or solemn affirm- toSprOTen* 
ation in writhig, before any Governor, Chief Justice, Mayor or other ^'^ ^^"** 
Justice of cither of the United States, where such bonds, letters of 
attorney, or other writings are or shall be m:ide or executed, and ac- 
cordingly certified and transmitted under the commion or public seal 

of such State, Court, City, or place, where the said bonds, letters of 
attorney, or writings are proved, shall be taken and adjudged as 
sufficient in law as if the witnesses therein named had been present ; 
and such certification shall be sufficient evidence to the Court and Jury 
for the proof thereof: Provided^ that in every such affidavit or affirma- 
tion, there shall be expressed the addition of the party making such 
affidavit or affirmation, and the particular place of their abode. 

17. Ssc. Y. All sales or conveyances of lands, tenements, here-^'^'f «f^^"^ 

.' ' ' i)y letters oi 

ditaments, which shall hereafter be made by virtue of any letters or ^tfy duly, 
powers of attorney, duly executed, which do or shall expressly give dared to l^e 
power to sell all lands or other estates, and be certified to have been^*^^''^ mi^yf- 
proved as aforesaid, or shall be proved in this State before any Justice 
of the Peace by one or more of the witnesses thereunto, shall be 
good and effectual in law, to all intents, constructions, and purposes 

*See sees. 5 and 6 of this title, and notes thereto. 



166 CONVEYANCES AND R:EGISTRY— 17S5--'88. 

Papers lost (luring the war— Time for rocordirj.g- deeds exLended. 

whatsoever, the same as if the said coiiStitueut or coiistituents had, - 
by their own deeds and conveyances, a,ctually and really sold and 
[f made convcycd the same : Provided^ always, that no sale of lands made 

without no- -,.'/., r ' . , r 

ticeof revo- by vntneoi sncn power or povv'ers ot aitorney or agency, as aicre- 

prS"to%ie said, shrJl be good and effectual, unless such sale be made and exe- 

coustitu^nr cuted while' such powers are in force, and all such powers shall be 

accounted, deemed, and taken to be in force, until the attorney or 

agent shall have due notice of a countermand, revocation, or dea,th 

of the constituent. 

Establish- 18. Sec. YI. It sliall and niay be lawful for any person or per- 

persiott dur- sons, whoso titlcs, bouds, uotes, books of accounts, receipts, and pa- 

mg the war. pgj.g toucliiug his, her, or their estate and property, ma]^ have been 

lost or. destroyed during the late war, v/lio sliall produce a paper. 

writing, purporting to be a copy or as near a copy of the original 

paper so lost or destroyed as aforesaid, with full or circumstantial 

proof of the substance thereof, and of his, her, or their title thereto, 

and shall lodge the same in the oifice of the Clerk of the County 

where such person resides, or where the land in question is situate, 

and shall notify by public gazette of this State, that such person or 

persons intends to establish such deed or paper, that then it shall and 

may be lawful, and in case no sufficient objection shall be made, for 

the Superior Courts in each County to establish the title and right o>f 

such person or persons to the property alluded to, by the testimony 

and papers offered to the said Court, and be deemed as good evidence 

in law, so far as to give the party applying a good right and title, 

until a better shall appear and be made out to the satisfaction of the- 

Court and Jury VvUthin the time limited bj^ the Act of limitation.* 



An Act to extend the limitation of actions^ and for other purposes 
therein mentioyied. — Approved Feb. 1, 1788. Ycl. I. 36. 

Sec. I. [Temporary.] 

And whereas, the time limited in an Act entitled '' an Act to ren- 
der easy the mode of conveying lands, and for making valid all 
deeds and conveyances heretofore that may be deficient in point of 
form," and for other purposes therein mentioned, has not allowed 
sufficient time for some of the purposes for which it v\^as intended :' 
Time for re- 19. Sec. II. Be it enacted, <^^c. TliPct no deed of feoffment, bar- 
d^edTex- gain and salc, lease and release, or other conveya,hce of lands and 
tended tenements, bona fide, executed as directed by the said recited Act, 
^hall in any wise be affected by reason of the same not being regis- 
tered or recorded in the respective offices where the lands lie, agree- 
ably to the said Act ; but that every person or persons shall, and he 
or they hereby have full liberty and power to register or record his, 
her, or their deed or deeds of conveyance of lands and tenements 
tMst Feb. aforesaid, at any time within the term of two years from the date 
hereof; and the said deeds so registered or recorded as last aforesaid, 
are hereby declared to be good and valid in Law and Equity, accord 



1790. 



*As to mode of establishing lost papers, see " Judiciary." 



CONVEYANCES AND. REGISTRY-— 1790-1812. 167 



No entails — Deeds attested by one witness. 



iiig to the true intent and meaniiig- thereof, any thing in the before 
mentioned Act notwithstanding.* 

An Act to arri'nd, explain, and continue the ^^Actforregiilatinrr the 
Judiciary Departinent of this Stated — xipproved Dec. 9, 1790. 
Vol. I. 37. 



dto 1st 



Ssc. XIV. The '' Act to extend the limitation of actions, and , , , 

^ , . - ' And to If 

for «tner purposes therein mentioned," .passed at Augusta the nrst Feb. 1793 
day of Februaiy, 1788, be, and the same is hereby revived and con- 
tinued -until the first day of February, 1793, and no longer.^ [Ail 
the remainder of this Act roDeaied by the Judicial Act of 1792. 
Watk. 492.] . ' ' - , 

An Act to Civrry into fff(*ct the 6th Sec. Sd Art. of the Constitufioii^ 6^*c, 
cmd to prevent entails. — Approved Feb. 16, 1799. Vol. I. 219. 

29. Sec. V. Estates shall not be entailed. f^ 

[For the remainder of this Act, see Executors, Administrators, ^^^^^J® ^^^" 

L ' } ? not 1)0 en- 

&C. sees. 1, 2, 3, 73. J tailed. 

All Act to amend and exploAji an Act entitled '' An Act to Icp'alize 
and make valid certain acts of y^hcrifs and Clerks, and to regu- 
late the admisuon of evidence in the several Courts of Law and 
E^qidtij ill this State, so far as relates to certain paper s.'^^ — Ap- 
proved Dec. 15, I8IO4 this Act approved Dec. lb,lsi2. Vol. 
III. 292. 

Whereas, the before-recited Act does not sufficiently provide for 
all the cases for which it was intended ; and whereas, there is of 
record in this State, a number of deeds of conveyance which are 
only, attested hj one VM'itness, and who has subscribed the same as a 
Justice of the Peace, and also a great number which have been pro- 
ven before a Clerk of the Superior Court, Avho has subscribed him- 
self as Justice ex officio, or as Clerk in his official capacity in the re- 
cess of the Court. And whereas, doubts have been entertained as 
to the propriety of admitting such deeds as evidence in the several 
Courts of Law and Equity in this State, 

21. Be it enacted, ^c. That v/here any- deed of conveyance has Deeds attest 
been attested by one Justice of the Peace or a Clerk of the Supe- %\xZ?Tm 
rior Court, and recorded i.n the time prescribed by law, the same shall made vliid. 
be admitted as evidence in any of the Courts of Law or Equity in 

*Ey Acts of 1837 and 1833, tlic time is extended indaanitely, see sects. 4-5, 50. 

fTIils provision was included in the Constitations, both, of 1777 aiid 1789, but omit- 
ted in that of 1798. Words which would create an estate tail, vest a fee simple — see 
Act of 1831, sec. 24 of this title. 

JFor this Act see title " Evidence," 4 to 7. By the second section all deeds, mort- 
gages, &c. enrolled by deputy clerks and certified by them, are admissible in evidence ; 
see also " County officers," sec. 20. 

\\.] See Choice V5. Marshall, 1 Kelly, 97. 3 Kelly, 551. 



168 CONYEYANCES AND REGISTRY— 1818-'19. 

Afcsignment in fraud of creditors — Registry of bills of sale. 

this State, and as such submitted to the Jury, any law, usage, or cus- 
tom to the contrary notwithstanding.* 



An Act to prevent Assignments, or transfers of property/, to a por- 
tion of creditors, to the cxclusiori and injury of the other creditors, oj 
persons to ho fail in trade, or who are indebted at the time 0/ such 
assignment or transfer. — Approved Dec. 19, 1818. Vol. III. 248. 

Whereas, a practice of selecting particular creditors by assignments 
and transfers of property, made by persons indebted, and thereby ex- 
cluding or defrauding other bona fide creditors of their just claims 
on the estate of insolvent debtors, is contrary to the. first principles 
of Equity and Justice ; to prevent the mischief thereof: 
Assignments 22. Beit enacted, ^'c. That any person or persons, unable to 
to some pay his, her, or their debts, who shall at any time hereafter make 
preference" any assigumeut or transfer of real or personal property, stock in trade, 
cUed%o?(L debts, dues, or demands, in trust, to any person or persons, in satis- 
faction or payment of any debt or demand, or in part thereof, for 
the use and benefit of his, her, or their creditor or creditors, or for 
the use and benefit of any other person or persons, by which any 
creditor of the said debtor shall or may be excluded from an equal 
share or portion of the estate so assigned or transferred, such assign- 
ment, transfer, deed, or conveyance, shall be null and void, and con- 
sidered in Law and Equity as fraudulent against creditors.! Provi- 
Proviso. ded, nevertheless, that nothing contained in this Act, shall prevent 
any person or persons in debt, from bona fide and absolutely selling 
and disposing of any part or the whole of his, her, or their estate, 
so the same be free from any trust for the benefit of the seller, or 
any person or persons appointed by him, her, or them.^ 



An Act to regulate the admission of evidence in certain cases, ^^c.^ 
and> to provide for the recording of conveyances of personal proper- 
ty.— K^^xonq^ Dec. 21, 1819. Yol. III. 300. 

AU convey- Sec. I. II. [For thcso scctions, see title ''Evidence," sees. 

ances of per- ^^ O/l 1 
•onalty duly /^o, /C4l:.J 

mS^l^re- ^EC. III. All Conveyances of personal property duly executed, 
corded, ^^^ bearing date after the passage of this Act may be recorded, and 

*See Acts of 1841 and 1850, as to deeds attested by Clerks of Superior and Inferior 
Courts sects. 57, 65, 69, of this title. 

fAs to assignments by Insolvent Banks, see " Penal Code" 6, Div. sec. 134. 

[1.] A hona fide conveyance in payment of a pre-existing debt, free from any trust, is 
not void under this Act. 1 Kelly, 157, 204. 

A mortgage ho)iafide is not obnoxious to this Act. 1 Kelly , 176. 

But an assignment in trust for the benefit of a portion of the creditors is void, 3 Kelly ^ 
146. 7 Ga. 267. 

An assignment to a surety honafide, who has assumed the payment of the debts is valid. 
5 Ga. 555. 

After a void assignment is made, a mortgage bona Jid^ is valid. 7 Ga. 275. 



CONVEYANCES AND REGISTRY— 1821-'23. 169 

Construction of conveyan 'es — Grit'ts, grants, beqviests, &c. 

shall be admitted as evidence under the same rules and regulations trcfin*^™!- 
as govern in cases of real property.* ^ence. 

An Act explanatory of the 5th section of an Act passed Feb. 16, 1799, 
entitled ^' Ail Act to carry into effect the sixth section of tlie third 
article of the Constitution ; and to amend an Act to carry into ef- ■ 
feet the sixth section of the fourth article of the Constitution ^ touch- 
ing the distribution of intestates'' Estates, directing the manner 
of granting Letters of Adjnijiistration, Letters Testamentary, 
and Marriage Licenses, atid to prevent entails ;" and to alter the 
rules for construing conveyances generally. — Approved Dec. 21, 
1821. Vol. IV. 206. 

24. Whereas, doubts have arisen as to the true and proper con- Preamble 
struction of the fifth section of the above-recited Act, it having 
been held by some that all conveyances in fee tail are rendered ab- 
solutely void by said section, and by others that such conveyances 

vest a fee-simple estate in the person or persons to whom they are 
executed, and again by others that they vest only a fee conditional 
in common law ; and whereas, it is proper that all doubts upon the 
subject should be immediately removed ; and whereas, the intention 
of parties to contracts and conveyances is often defeated, and great 
injustice done by construing the same according to the rules that 
now prevail ; for remedy whereof. 

Sec. I. Beit enacted, ^"c. That all ffifts, grants, bequests, de- c:ifts,graiit3, 

beouests &c. 

vises and conveyances of every kind whatsoever, whether, real or in laiitoVest 
personal property, made in this State, and executed in such manner, tuie.^ ^""^ ^ 
or expressed in such terms, as that the same would have passed an 
estate tail in real property by the statute of Westminster second 
(commonly called the statute de donis conditionalibus,) be held and 
construed to vest m the person or persons to whom the same may 
be made or executed, an absolute unconditional fee-simple estate. ' 

25. Sec. II. All gifts, grants, feoffments, bequests, devises, and J^^'q^j^^rants, 
conveyances of every kind whatsoever, of real or personal property, hereafter 

^ ^ '^ ^ Xo vest in th6 

hereafter made or executed within this State, shall be held and con- grantee, &c. 
strued to vest in the person or persons to whom the same are made simple/^ 
or executed an absolute unconditional fee-simple estate, unless it be 
otherwise expressed, and a less estate mentioned and limited in such 
gift, grant, feoffment, bequest, devise, or conveyance. 

Sec. III. All laws or parts of laws, militating against this Act fi^Pgg^''^^ 
are hereby repealed. 

An Act to authorize the admission of certain docum<ents therein 
mentioned, as evidence in the several Courts of this State. — Ap- 
proved Dec. 20, 1823. Vol. IV. 213. 

26. From and after the passing of this Act, all deeds of convey- 
ance, mortgages, and other instruments of writing heretofore proved 

♦See Acts of 1837 and 1839, sects. 32, 49, of this title. 

[1] See Kelhj, 97. 2 Kelly, 116. 3 Kelhj, 551. 4 Ga. Rep. 52. 7 Ga. 76, 538. 
22 



170 CONYEYANCES AND EEGISTRY— 1823-'26. 

Registry witliout signature of witnesses — Ilecord of deeds — Dovrer. 

AH insiru- by a subseribiiig^ witness or ^vitnesses to tlie same, before any Judge 
writing^ of tlic Superior Court, assistant Justice, Justice of the Inferior 
provSSi Court, or Justice of the Peace, shall,' if the Avitness or witnesses 
and^ tii^km- P^oving the same has not subscribed his, her, or their name or names 
davit not to the probatc or affidavit made before such Judare of the Superior 
the witnes^s Court, assistaut Justice, Justices of the Inferior Court, or Justice oi 
dence. °^^''the Pcaco, of the exocutiou of the deed of conveyance, mortgage, 
or other instrument of , writing,* and whjich shall l^ave been duly 
recorded, be held, deemed, and considered as legal and valid to all 
intents ajid purposes, and admitted in evidence in any Court of Law 
and Equity, in this State, as if the said probate and affidavit had 
been subscribed by the witness or vv^itnesses proving the same ; any 
Proviso. law, custom, or usage to the contrary notwithstanding ; Proiidcdy 
that nothing in this Act shall be co-nstrued to divest, or in any man- 
ner to affect any right which may have been vested or accrued by 
[before] the passage of this Act. 



A.U Act to admit certain deeds to record^ and, to authorize the same, or 
cohies thereof, to be read in evidence, and also the copies of certain 
other J6'i^^Z.9.— Approved Dec. 23, 1826.t Vol. lY. 217. 

Deed= for 27. Prom aud after the passing of this Act, all deeds for lands 
g^J^^^ij!;^!^"/;^' which may have hQQVL recorded upon the lawful affidavits of two or 
not within niofc subscribiug^ v/itnesses, or by bcinsr subscribed and Viritnessed by 

the tinio o 7 J , . , o J 

prc=;cvibed Que or moro witnesses and a Notary Public, JudGre of the Superior 

bv lii'.v evi- ^ _ ■"■ 

dence". ' Court, Justicc of the Inferior Court, or Justice of the Peace, but. not 
recorded within the time prescribed by the laws of this State, shall 
Copies may bc admitted vi\ evidence without further proof ; and Avhen the origi- 
nals are lost or destroyed, and that being made judicially known to 
the Court, copies of the same may be introduced and read in evi- 
dence on any trial before any Court of Laiv or Equity in this State. J 
Deeds not ' 28. Ssc. II. All decds cxocuted and proved according to the 
^^^y'^^g^'J^^^^aws of this State, but not yet recorded, may nevertheless be recorded 
corded with- within twclvc uiouths from the passaa-e of this Act, upon the usual 

in twelve r^ p-[ t iii 

months. proof [ofj tlieu' executiou ; and Avhen so recorded, the same, or 
copies thereof, may be read in evidence without further proof. § 

Repealing Sec. III. All laAVs and parts of laws militating against this Act 
are hereby repealed. 



clause. 



An Act to amend an Act entitled an Act to ejiahle Feme Coverts to 
convey their Estates, and for confirmmg and making valid all 
Conveyances and Ackaow.ledgments heretofore made by Fern 
Coverts, passed the 24,th of April, 1760, so far as the same relates 

*See Acts of 1838 and 1811, sects. 48, o5, wliere witness dies before probate. 
tReviTeil by xVct of 1831, sec 42. 

jSame provision as to bills of sale ; see Acts of 1845, sec. 61 of this title. 
^Extended without limit as to time by Act of 1837 and 1839 ; see sees. 45, 49 of this 
title. 



CONYEYANCES.AND REGISTEY--1826-'27. , 171 

-Dower — Time vm'1 place of recordhic^ i:i()ri;:^af:^er^. 

to Feme Coverts coiiveyiug their Dower. — Approved 23^ 1826. 

Vol. lY. 217. 

29. Wherens^ the before recited Act, in order to enable the bus- preamwe. 
band to convey the entire interest- which he has in lands and tene- 
.ments, requires th^it the wife,, by her own free consent, become a 
party in the deed of conveyance with her husband, and make, sign, 
seal, cind deliver a formal relinquishment of her interest [of] dower 
in and to the premises therein described ; for remedy whereof. 

Be it enacted, That from and immediately after tha passinar oi widow,-, not 

' ^ ■ - X o entitled to 

this Act, all conveyances oi lands and tenements made by the hus- dower in 
band^^ alone durinsr the coverture, shall be ie2:al'and valid, and etlectu- ti-eirhms- 
ally convey the entire premises therein described, except such lands y^yed d?i"" 
as the husband. may have become possessed of by his intermarriage ]"| ^*^^®*'^" 
with said feme covert ; any law, usage, custom, or rule. of Court to S-^cepUon 
the contrary notwithstanding ; Provided^ that nothing herein con- Proviso, 
tained shall prevent the Vvndow from her right to dower in all lands 
of which her husband may have died seized and possessed. 

Sec. II. [Re-enacted. See " Executors, Administrators, &:c." 
sec. 30.] 

Ssc. III. So much of the above recited Act as milita^tes a^^ainst 
this is hereby repealed. 



i.j^. 



^4'??- Act to ■provide for the . recordAng of Deeds of Mortgage iipon 
real and personal properly ivitJdn this State, and to define the lien 
of the same; and also to amend an Act eniitled ^^ an Act to ad~ 
tnit certain Deeds to record) and to authorize the same or copies 
thereof to be read in evidence, and also the copies of certain other 
■ Deeds,'^ and for other purposes. — -Approved Dec. 26, 1827. Yol. 
lY. 221. 

Whereas, it is doubted if there be any law of force in this State Pi-eamUe. 
requiring d-eeds of mortgage to be recorded ; and whereas, such a 
law is highly necessary for the prevention -'f frauds and oppression ; 
for remecly whereof, 

30. Be it enacted, That ail deeds of mortgage' upon real property J^^^.'^iJ^j^^^ <^ 
which have been heretofore executed shall, after having been proved, to beVcord- 
as in case of deeds of real property, be recorded in the Clerk's office months from 
of the Superior Court of the County in which such real property aS ^ 
may lie, within twelve months after the passing of this Act ; and on personai- 
that all deeds of mortgage upon personal property which have been Saiid ^'"''^' 
heretofore executed, shall be proved by the affidavit of tlie subscrib- coS.'^^' 
ing witness, and recorded in the Clerk's office of the Superior Court 
of the County in which the mortgager shall have resided at the 
time of the making of the same, or if he be dead, in the County 

*0r by th.e Sheriff or other legal officer; see sec. 59. See "Insolvent debtors," sec. 
33, as to conveyance of land e^cenipt from levy and sale. 

[1.] A mortgage in Georgia is mefely a security for the debt; the title remains in the mort- 
gager. 1 Kelly, 176, 572. 7 Ga. Rejx 183. 



172 ' CONVEYANCES AND REGISTRY— 1827. 

Time and i)].ace of recording mortgages — Mode of probate — jlortgage made out of State. 

where his legal representatives reside at the time of recording the 
same ; or if there be no legal representatives in the County where 
the mortgager last resided previous to his death, within twelve 
Provisr. months after the passage of this Act ; Provided^ that nothing herein 
All existing Contained shall be so construed as to require mortgages which have 
Sortg^age'f already been recorded to be again recorded, but the same shall be 
legalized, held and deemed to be legally recorded, and admitted in evidence 
If the wit- under the laws now in force in this State ; and provided also, that 

nesses are . 7 j[ ' 

dead or re- if the wituesscs to auv mortorasrc are dead, or removed from the 

moved ])roof •/ o o / 

of hand- Couuty, thcu tlic samc may be recorded upon the affidavit of one or 
writing. YiiOYQ pcrsous who are acquainted with the hand-writing. 
Future 31. Sec. II. All docds of mortgage upon real property hereafter 

realty or%r- to bc made, shall be proved in the same way as is above required by 
be"r^ecorded ^^^ ^^"^^ scctiou of this Act for tliB proviug of mortgages of real es- 
in 3 months t^te, and sliall be recorded in the Clerk's office of the Superior Court 

from date. ' ^ 

of the County in which such real estate shall lie, within three months 
from the date of such deed ; and that all deeds of mortgage upon per- 
sonal property hereafter to be made, shall be proved in the same manner 
as is provided in the ffi'st section of this Act for the proving of like 
deeds heretofore made, and shall be recorded in the Clerk's office of 
the Superior Court of the County in which the mortgager resided at 
the time of the execution of the said mortgage, within three months 
after the date of such mortgage.* 
How all fu- 32. Sec. III. Every deed of conveyance or mort2;a2;e of either 

ture deeds 00 

andmort- real or personal property hereafter to be made, ma}/", upon being ex- 
Kdmine? ecuted in the presence of, and attested by a Notary Public, Judge of 
to record. ^|-^g Supcrior Court, Justice of the Inferior Court, or Justice of the 
Peace, (and in case of real property, by one other witness,) be ad- 
mitted to record and made evidence in the different Courts of Law 
and Equity in this State, as though the same had been executed, 
proved, and attested as heretofore required by the laws ol: this State 
in case of deeds of real property. 

33. Sec. IV. Upon failure to record any mortgage, as hereinbe- 
lose theirj fore required, within the time or times hereinbefore specified for re- 
cording the same, that then and in such case all judgments obtained 
before the foreclosure of the said mortgage, and also any mortgage 
executed after the same, and duly recorded, shall take lien on the 
said mortgaged property in preference to the said mortgage. ' 

34. Sec. V. Ajid luhercas, personal property is frequently mort- 
gaged while beyond the limits of this State, which property, so 
mortgaged, is afterward brought within the limits of this State, be- 
fore the debt for which the same was pledged is satisfied ; Be it 

^^^f^^^lx^rtherefore enacted^ That in cases of mortgages of personal property, 
made out of exccutcd whcii tlic Said property so mortgaged is beyond the limits 
when and of this State, and which property shall be afterward brought within 
recorded? ^ the limits of this State, such mortgages shall be recorded within six 
months after the said property shall be so brought in, in the office of 

*For mode of foreclosing mortgages, see •' Judiciary," sees. 358, 359. 

[1.] A junior mortgagee with notice of the older mortgage gains n© preference. 4 Gcu 
Rep. 161. 



Unrecorded 
mortgages 



CONVEYANCES AND REGISTRY— 1827-'29. 173 

Mortgage made out oi' tlie State. 

the Clerk of the Superior Court of the County where the person so 
bringing the said property shall first establish his residence. 

35. Sec. VI. If the holder of any mortgage of property, so or lose their 
brought into the State, shall fail to record his mortgage at the place 

and Avithin the time specified in the preceding section for the record- 
ing the same ; then and in such case any and all judgments which 
shall ha\^e been duly obtained against the said mortgager, before the 
foreclosure of such mortgage, shall be entitled to take lien on the 
said mortgaged property, prior to the said mortgage ; Provided^ that 
if the said mortgagee or his assignee, or the legal representatives of 
such mortgagee or assignee shall, on foreclosure of the said mortgage, 
make affidavit before the Judge or Justice granting such foreclosure, 
That he was the holder of the said mortgage at the time of the re- 
moval of the said property into this State, and that he did not know, J^^J^'^^^^^J'*^'' 
before the expiration of the time fixed as aforesaid for recording ^^unt of 
such mortgages, that the said mortgaged property had been removed 
vithin this State ; or if the said debt be not due, and the mortgagee, 
^T his legal representatives, or assignee, shall make a like affidavit 
)efore a Judge or Justice as aforesaid, and place the said mortgage 
md affidavit together on record in the proper office hereinbefore 
ipecified ; then and in such case, the said mortgage shall be consid- 
jred and taken from that time to have and be entitled to the same 
ien as if the same had been duly recorded. 

36. Sec. VII. All deeds of land which may have been recorded Deeds o^ 
on the oath of one or more of the subscribing witnesses, or if sub- e^^m'^the 
scribed by two or more witnesses, one of whom attested the same "r more ^oT 
as a Judse of the Superior Court, Justice of the Inferior Court, P^'^^^^f"''" 

o 1 ■ " ing witness- 

Justice of the Peace, or Notary Public, shall have been recorded in e«; &<•'• ad- 

their official attestation ; such deeds, though not recorded within the id«nce,' &c. 

time prescribed by law, shall be admitted in evidence in the same 

manner as deeds which have been duly recorded :* and when the 

originals of such deeds are lost or destroyed, and that fact is made 

known to the Court, the copies of such deeds, taken from the record, 

and duly attested by the person having the custody of the same, 

may be read in evidence before any Court of Law or Equity in this 

State. 

37. Sec. VIII. And he it further enacted^ That all deeds, other Deeds other 
than mortgages, executed and proven, as stated in the preceding gage;i. 
section, but not recorded, may be recorded within twelve months 

from the passage of this Act.f 

An Act to authorize the appointment of Commissioners out of thh 
State to take the Acknowledgments of Deeds and other instru- 
ments of writing under seal, and to admit the same to record in 
this State ; and also to take Affidavits, — Approved Dec. 22, 1829. 
Vol. IV. 225. 

38. The Governor of this State be, and he is hereby authorized 

*See Acts of 1826 and 1837, sec. 27, 43 of this title. Also, Act of 1845, sec. 61. 
fBy Acts of 1837 and 1839, may be .c.crded at any tirae. See sees. 45, 49 of diis 
title. 



174 CONYEYANCES AND REGISTRY— 1829-'33. 

Conimissioiiers to attest deeds and administer oa.tlis — iDeeds of Acadciny Commissioners. 

(?!S«S-'^^ iiaiTi8, appoint, and commission one or more Commissioners in 
c"d to numi- each or such of the other of the United States, or the Territories 
corauiission thereoi, or tne District oi Ooiumoia, as he may aeem expedient ; 
commiSion- which Commissioiiers shall continue in office during the pleasure of 
Sthrstates, '^''^^ GovemOi, and shall have authority to take acknowledg-rhents and 
'^'^IT'^'^T^-'^'' hroof of the execution of any deed, mort<:;ao-e, or other conveyance 

or the JJis- -t- . j : a o ^ j . 

trict of Co of a.ny lands, tenements, hereditaments, or other property lying and 
take the ac- being 111 tliis State, and of any contract, letter of attorne^^, or any 
ment of° Other Writing under seal, to be used or recorded in this State ; and 
To^oAunue sucli acknowledgment or proof taken.ormade in the niamier directed 
in office at j^y ^^-^^ laws of this State, and certified by anv one of the said com- 

tlie pleasure ■^ ■ ' J y , . 

of the Gov- missioners, before v/iiom tne same shall be taken or made under his 

writing Vr scal, Tvdiich Certificate shall be indorsed on or annexed to the said 

brreSrded' dccd or iiistrument aforesaid, sliall " have the same force and eifect, 

^*^- and be as good and available in law for all purposes, as if the same 

had been made before a Judge or Justice of the Peace in this State. 

Such com- 39^ gjEc. II. Every commissioner appointed by virtue of this Act 

authorized shall liavc full pov.^cr aiid authority to administer an oath or aiiirma- 

an oath, '&c. t ion to any person who shall be Vv^illing and desu'ous to make such 

oath or affirmation before him ; and such affidavit or affirmation made 

before such commissioner shall and is hereby declared to be as good 

and effectual to all intents and purpose's as if ta.ken by any Magistrate 

resident in this State, and competent to take the same.* 

Every such 40. Sec. III. Everycommissioiier appointed as aforcsald, bcforo 

ci™iiieT '^e shall proceed to perform any duty under a.nd by vhtue of this 

to take an ^^^ g|.j,j| ^.^^q ^^Ld subscribo ail oath or affirmation-before a Judge of 

one of the Superior Courts ol I^aq Stole in whicli such 'Commissioner 

shall reside, well and faithfully to execute aiid perform all the duties 

of such commissioner under and by virtue of the laws of Georgia ; 

The^suh- v.diich oath or affirmation shall be filed in the office of the Secretary 

SttillCG 

thereof. of State of this State. 

Repealing . Sec. IY. All laws or paits of kuvs militating against this Act are 

clause. hereby repealed. 



An Act to make valid certain dceds^ 6fc. — Approved Dec. 23, 1833. 
. Pam. 81. 

Sec. I. [Private.] 
Sales and 41. Ssc. II. All salcs made by the commissioners of the several 
AcSerav Couiity Acadcmies m this State, shall be held, deemed, declared and 
commiss'rs coiisidered valid, and that all deed or deeds, made and executed by a 

declared . - ' ' •' 

valid. majority of said commissioners, conveying a title to any tract or tracts, 

parcel or. parcels of land, by them sold to a bona fide purchaser, which 
said commissioners or their agents may have heretofore purchased at 
the sales of confiscated property, shall be held, deemed, declared and 
considered valid to all intents and purposes, and that the same shall 
be read in evidence in any Court of Law and Equity in this State, 
any law, usage or custom to the contrary notwithstanding. 

*Sce «* Attaciuncrit n:>^ G:i^:u^iLlr,c:^^.■* oo. 



CONVEYANCES AND REGISTRY— 1834-'37. n5 

Tiziie 01 re^'lstry exleudcd — Kegi.stry oi' deeds — I'reicreiice among deeds. 



Ap. Act to revive and continue in force '• mi Act to admit certain 
deeds to record^ and to autliorize the saline, or copies thereof^ to he 
read in evidence^ and also the copies of certain other deeds ^ as- 
sented to the 23d of ^Decembcr^ 1826.'"* — This Act approved Dec. 
■20, 1834. Pam. 94. 

42. From and after the passing of this Act, the Act above recited 
be, and the same is hereby revived. 

Sec. II. Ah deeds executed in the manner pointed out by the V"^f f^oi^f^e** 
foregoing recited Act between the limitation of the same and the bo "recorded 
passage of this Act, shall be on the same footing as those therein re- i835.^°' ' 
cited : and that the aforesaid Act, so revived, shall be and remain in 
full force and virtue for twelve months from the passage of this Act.f 



An Act to admit certain Deeds to be recorded and read in evidence ; 
and also to prescribe the efect of certain other Deeds. — Assented to 
Dec. 25, 1837. Pam. 91. 



at 



43. Sec. I. Be it enacted, That from and after the passing of^^^'^fV^^- 
this Act, all deeds for lands v/hich may ha.ve been recorded upon the n^'t '" time, 
usual proof of execution, but not recorded within the time prescribed dcncl*^^^' 
by the laws of this State, shall be admitted in evidence, without 
linther proof; and when the originals are lost or destroyed, and that 
being made judicially knovvni to the Court, copies of the same may ^"'f'^'^^ 
be introduced and read in evidence, on any trial before any Court of 

LiduW or Equity in this State. f 

44. Sec. li. All deeds executed, accordins: to the laws of this "^'''"^ ^*^'' '■^- 
State, but not yet recorded, may nevertheless be recorded vnthni tended one 
twelve months from the passage of this Act, upon the usual proof of"'"'^^' 
their execution ; and when so recorded, the same or copies thereof, 

v/hen the originals are shown to be lest or destroyed, ma^/ be read in 
evidence without further proof *§> 

45. Sec. III. All deeds conveying lands hereafter executed, upon ^ecds may- 
being attested or proved in the manner required by the laws of this atany^tiins. 
State, shall be admitted to record, at .any time, and after being re- 
corded, shall be received in evidence in any Court of Lav/ or Equity, 
without further proof of the execution thereof. 

46. Sec. IV. In all cases where two or more deeds shall hereafter be iftwo deed*,, 
executed by the same person or persons, conveying the same premises wh'^n each 
to different persons, the one recorded within twelve months from the ^'^^^^ ^^^^^' 
time of execution, (if the feoffee have no notice of a prior deed, un- 

. recorded at the time of the execution of the deed to him or her,) 
shall have preference ; and if all be recorded, or not recorded within 
said time, the eldest deed shall have the preference. || 

*For this Act, see sec. 27 of this title. 

fExte.ided indefinitely by Acts, of 1837 and 1839 ; see sees. 45-49. 

+8ce sees. 32-49 of this title. 

§Extcnded indefinitely by Act of 1839, sec. 49. 

11 See Act of 1827, sec. IV and note thereto, sec. 33 of this title. 



176 CONYEYANCES AND REGISTRY— 1838. 

Parol gifts of slaves — When witness is dead, how recorded. 

Sec. V. All laws and parts of laws militating against this Act, 
be, and the same are hereby repealed. 



A71 Act to prescribe the mode of making gifts of slaves, — Assented 
to Dec. 29, 1838. Pam. 107. 

No gift of 47. Sec. I. Be it enacted^ That no gift of any slave or slaves 
ag^a'inst wtd- hereafter to be made, shall be good or available in Law or in Equity 
chlserJ/"'^" against the creditors of the donor, or subsequent purchasers from him, 
writm '"and ^^^i^^out actual uoticc, uulcss the same be made in writing, signed and 
recorded, sealed by the donor, attested by at least one subscribing witness, and 
shall be proved or acknowledged, and be recorded within twelve cal- 
endar months from the execution thereof. ^ 

Sec. II. All laws and parts of laws militating against this Act, 
be, and the same are hereby repealed. 



An Act to adinit certam Deeds, Mortgages, a7id Bills of Sale, to be 
proven and recorded, and to adrnit them or their copies i?i evidence 
in the Coiu^ts of Law or Equity in tins State. — Asiented to Dec. 
31, 1838. Pam. 94. 

When wit- 48. Sec. I. Beit enacted, That from and after the passing of 
deed,^°mo7t- tliis Act, that wheuever any person, or body politic or corporate, may 
KarJi!!*^ hold any deed, mortgage or bill of sale, pm-porting to have been 
dead, it may siffucd iu the presencc of a witness or witnesses, accordinar to the 
on proof of ' requisitions of law, and the said subscribing witness or witnesses shall 
of wUjieS have departed this life,* before the said deed, bill of sale, or mort- 
and maker, gage, shall liavc been proven; that then and in that case, it shall and 
may be lawful for the holder of said deed, mortgage, or bill of sale, to 
prove the same by proving the hand- writing of the witnesses who 
may have attested the same, and the hand-writing of the maker of 
said deed, mortgage, or bill of sale, by affidavit in writing to be at- 
tached thereto, which said affidavit shall be taken before a Judge of 
the Superior Courts or Justice of the Inferior Courts of this State, 
and the same so proven and- recorded shall be admitted in evidence 
in any Courts of Law or Equity in this State, under the same rules 
of law by which they would have been subject if recorded in due 
time of law. [Proviso repealed by Act of 1850, sec. 67.] 

Sec. II. All laws or parts of laws militating against this Act be, 
and the same are hereby repealed. 



An Act to continue in force the second, section of an Act passed on 
the ^^ih December, 1837, entitled an Act to admit certain Deeds 
to be recorded, and read in evidence ; and also to prescribe the 

♦Extended, see sec. 56. 

[1 J As to parol gifts, see 1 R'elly, 595 3 ^e^^ij-, 513. 



CONYEYANCES AND REGISTRY— 1839. 177 

Time extended indcfirdtely — AcknoAvlcdgment before consuls or vice consuls. 

effect of certain other Deeds ; also to authorize certain Bills of 
Sale to he recorded and read in evidence. — Assented to Dec. 21, 
1839. Pam. 196. 

49. Sec. I. He it enacted., That the said section of said Act Time for re- 
be, and the same is hereby continued of force without limitation as deeds exten 
to the time of recording the deeds therein mentioned, which were Iteiy^ ^ "' 
not recorded before the passage of said Act. 

50. Sec. II. All bills of sale of personal property, heretofore AUbiiis of 

, ,, ii'-'/'i *^^'6 may be 

executed, but not recorded, may be recorded at any time alter the recorded, 
passage of this Act, and may be read in evidence without further 
proof. 

51. Sec. III. From and after the passage of this Act, all deeds Date of re- 
that have been lost or mislaid, and which have been recorded, but — J'ojS'evi- 
the time when they were recorded not appearing on the record, the '^'^"'^^' 
same shall be read in evidence, without regard to the said omission. 



An Act to 'provide for the acknowledgment and execution of Deeds 
of Conveyance and other instriunents of writing in foreign coun- 
tries^ touching property in this S^ate. — Assented to Dec. 23, 1839. 
Pam. 197. 

52. Sec. I. Be it enacted. That from and after the passage of ^^-^'"owi- 

Cu'^incnt of 

this Act, the consuls and vice-consuls of the United States, duly ap- deeds, let- 
pointed and recognized, shall be authorized and empowered, as they nly'^s^c. be- 
hereby fully are, to receive the acknowledgment in writing of citi- J^d Tice"^^ 
zens of the United States, or other persons being or residing in the ^on^uis. 
districts of their several consulates, of deeds of conveyance, mort- 
gage, letter of attorney, or other legal instruments whatever, touch- 
ing or alfecting real estate or other property, rights or interests what- 
ever, situated, lying or being in any part of this State, belonging to 
the said parties in whole or in part, in their own right or as the 
agents of others ; and that the certificates of the said consuls and evTdence!^ 
vice-consuls, under their official seals shall be good and available as 
evidence of the execution of such deeds of conveyance or other legal 
instruments, which shall be altogether valid and sufficient for the 
purpose therein mentioned. 

53. Sec. II. The said consuls and vice-consuls shall be author- J^^^'^^^y.f^^ 
ized and empowered, as they hereby fully are, to witness and take whatever, 
the acknowledgments of any citizen or citizens of the United States, 

or other persons vvrithin their consular's districts as aforesaid, of any 
lawful contract or engagement to be executed or have effect in this 
State, of whatever nature or kind which they may enter into, or 
form in the said district. 

54. Sec. III. The consuls and vice-consuls shall be, and are or^any other 
hereby fully authorized and empowered in like manner to witness 

any other lawful act in the several districts as aforesaid, on the part or 
behalf of citizens of the United States or others as aforesaid, which 
may be interesting or useful to them in reference to concerns to this 
23 



178 CONYEYANCES AND REGISTRY--1840-'41. 

Tax collector's deeds — Deeds attested by Clerks. 

Certificates State of whatsoGver descriptions, and that the certificates of the said 

evKioace. qqjjsijJs and vice-consuis, under their official seals as aforesaid, shall 

be good and available as evidence of such contracts, engagements 

and acts, shall be accordingly valid, and sufficient to all intents and 

purposes in this State. 



An Act to admit Tax Collectors^ Deeds in evidence in certain cases 
therein named. — ^Assented to Dec. 23, 1840. Pam. 185. 

Tax collect- B5. Sec. I. Be it enacted^ That from and after the passage of 

briiigXitf *^ this Act, when any party to a suit in any of the Courts of this State 

evidor2rof shall desii'c to oiler in evidence in said suit a Tax Collector's deed, 

wmtents. ^ud slmll make oath that the Tax Collector who executed the same 

is dead or has removed to parts unknown, it shall be the duty of such 

Court to admit the said deed, as evidence of the facts therein set forth 

and contained, without further proof; Provided^ the same has been 

duly recorded. 

Sec. II. [Repealing clause.] 



An Act to authorize certain instj^uments therein mentioned^ to he re- 
corded and read as evidence. — Assented to Dec. 10, 1841. Pam. 
140. 

witnepg 56. Sec. I. Be it enacted^ That all deeds, bills of sale, and 

or remove",^ othcr couvcyances heretofore or hereafter executed, when the wit- 
prooflff*^ ^" nesses, or witness to the same, are or is dead, become insane, or re- 
hand-wiit- moved ffom the State, before the same are proved and recorded, may 
be recorded and read in evidence without further proof, upon affidavit 
in writing being made by some disinterested person or persons, before 
any judicial officer of this State, and attached to such instrument, 
proving the hand- writing of the person making such instrument, and 
of each of the witnesses thereof. 



I 



iiig 



An Act to legalize and mnlie valid certain nets of Clerl's of iJic Svjic- 
: rior Courts of l}i IS State; avdtoregtdatethe admission of evidence 

in the sdctral Courts of Law and Bquitij in tins State., so fir as re- 
lates to certain i)ai[)ers ; and to legcdizc the acts of A. V. Calvin, 
Deputy Sheriff of Camden County. — Assented to Dec. 10, 1841. 
Pam. 140. 

Deeds at- B7 . Sec. I. 5e ?7 6'??Gr/6'^, That from and after the passagc o'f this 

cSks^of Act, all deeds of conveyance to lands which have been attested by 

interior c^'tfe^ ^^^y ^^^ik of tho Supcrior or Inferior Courts of this State, and which 

and record- ' havo bceu rccordod within the time prescribed by law, the same shall 

' be admitted as evidence in any of the Courts of Law and Equity in 

this State, and as such be submitted to the Jury ; any law, custom, 

or usage to the contrary notwithstanding.* 

*See sec. 21, of this title. See also Act of 1850, sec. ^5. 



CONVEYANCES AND REGISTRY— 18 12-'45. 179 

Fi. fa. recorded — Bill of sale. 

58. Sec. II. All deeds of like character, which have not been re- if not record- 
corded within the time prescribed by law, the same may be yet ad- ^ ' ™''^ 
mitted to record, and be admitted in evidence in any of the Courts of 
Law or Equity in this State. 

Sec. III. [Local.] 

Sec. IV. [Repealing clause.] 

A71 Act to alter and explain the first section of an Act passed in the 
year eighteen hundred and tiveiity-six^ entitled an Act to amend 
an Act to enable Ferine Coverts to convey /heir estates, and for 
co7ifirnmig and making valid all Co?iveyances and Achioioledg^ 
menfs, heretofore inade by Penie Coverts, passed the twenty-fourth 
of April, seventeen hundred and. sixiy, so far as relates to Feme, 
Coverts conveying their doivers. — Assented to Dec. 28, 1842. 
Pam. 75. 



ce 
or 



59. Be it enacted. That .all conveyances of real estate, made by Par^'?j} 
any Sherilt or other officer, in pursuance of sale made under execu- f^fJ'?'' omcer. 

. 7 11 1 J' /-i ■ 1 1 • r' • r- 1 bars the wid- 

tion, otiier legal process, or order or Conrt, m the hietime 01 the u\vofduvver. 
husband, shall be as arood and effectual, in bar of the ri^ht of dower, 
as if the conveyance were made by the husband himself. 

An Act to provide for the introduction in evidence of certaiji copy /'.r- 
ecrdions ifi certain cases therei?i defined. — Approved Dec. 20, ly45. 
Pam. 37. 



at 



60. Sec. I. Be it enacted. That the purchaser of real estate at ['""'"'''^rf ^' 
any Shcriif 's sale, either prior or posterior to the passage of this Act, s;iiem;\y 
under execution, shall and may have the execution under which said rGcordeii.' 
real estate has or may be sold, together Vv^ith all the entries tiiereon, 
recorded i!i the office of the Clerk of the Superior Court of the Coun- 
ty in which said real estate may be situated, and said record of said 
execution may be read as competent evidence in any cause where 
the title of said real estate is involved, upon satisfactory evidence of copyevi- 
the loss or destruction of the original execution, and the Clerk shall *^^"^^* 
have the Scime fees for- recording such executions, as he is nov/ enti- 
tled to for recording SheriiT's deeds. 



An Act for the admission of certain evidence in cases therein mcniioji- ■ 
ec/.— Approved Dec. 27, 1845. Pam. 38. 

• 
61. Sec. I. Be it enacted, That wherever deeds or bills of safe, Deeds ansv 
properly executed, have been heretofore recorded in any of the oiSces imptoperiy*^ 
of tiie Clerks of the Superior Courts of this State, prior to any Act orShSlJoli 
authorizing such record — and the original of such deed or bill of sale f;''^''Jfi,'!'^^ 
has been lost or destroyed— -a copy thereof duly certified by the Clerk 
of said Court, shall be admitted in evidence, iw lieu of the original, 
in any Court of Lav/ or Equity in this State — ?jiy law, usage or 
custom to the contrary notv/ithsianding. 



180 CONVEYANCES AND REGISTRY— 1847-'50. 

Marriage settlements — Probate before Clerk — Deeds from other States. 



An Act to require Morriage Settlements to be recorded. — Approved 

Dec. 30, 1847. Pam. 57. 

Marria-re ^^- ^^^- -'-• ^^ ^^ eiiactcd^ That all marriage agreements or set- 

settieraenta tlcmeiits heretofore executed either within this or any other State or 

must ue re- • i • i i • r m 

corded in 12 Tcmtor^, whcrc the husband resides withm the limits oi this State, 
^^^ "" shall be recorded within twelve months after the passage and publi- 
cation of this Act, in the Clerk's office of the Superior Court in the 
County of the residence of the husband. 
Hereafter 63. Sec. II. All marriage agreements or settlements hereafter 
s^manths^''^ ^^^^^ either in this State or any other State or Territory, where the 
husband resides in this State, shall be recorded within three months 
from the execution thereof, in the Clerk's office of the Superior 
Court of the County of the husband's residence. 
Without re- ^^' ^^c. III. If aiiy such instrument be not recorded within the 
cord invalid x{ij^q prescribed by this Act. the same shall not be of any force or ef- 

as to a bona -i •' _ ^ J 

^rfc purchas- feet asraiiist a bona fide purchaser without notice, or bona fide credit- 

er or creditor . '-; . i r* t • ^ ■ i 

without no- or Without iiotice, or bona nde surety without notice, who may pur- 
^^'^^' chase or give credit, or become surety, before the actual recording of 

the same. 



An Act to authorize the Clerks of the Superior Courts to adfiiinister 
oaths in certaiji casts, and to admit to record all deeds., convey- 
ances^ and other papers official, signed^ for that purpose by the 
Clerks of the Superior Courts. — Approved February 14, 1850. 
Pam. 70. 

Deeds may 65. Sec. L Bc it encictcd, That from and after the passage of 
tefJJre^cierk this Act, it shall aiid may be lawful for the Clerks of the Superior 
Superior c't. (jourts to admiiiistcr to any witness or witnesses to a deed, convey- 
ance, or other paper intrusted for record, the usual oath or affidavit 
heretofore . administered by a Judicial officer or Notary Public, in 
making probate of the same to admit said papers to record.* 
Official sig- 66. Sec. II. The Clerks of the Superior Courts are hereby au- 
SwriSs^re- thorizcd to sign oliicially all papers intrusted for record, which shall 
cord. be recorded upon such signature as though signed by a judicial of- 

ficer.* 



An Act to extend the provisions of an Act passed on the 31st Decern^- 
ber, 1838, entitled an Act to admit deeds, mortgages, anil bills of 
sale to be proven and recorded, and to admit them or their copies 

, in evidence in the Courts of JLaiv and Equity in this State, and 
to authorize the proof , recording and reading in evidence of cer- 
tain other instruments. — Approved January 16, 1850. Pam. 150. 

67. Be it enacted. That the proviso contained in the first section 

*Ile-enacted by the same Legislature, sec. 69. 



CONVEYANCES AND REGIST RY— 1850. 181 

Deeds from other States — Deeds proven and executed before Clerks — Record of Probate. 

of said Act be and the same is hereby repealed, and that said Act Act.of i838 
(other than said proviso) be and the same is hereby extended to all ^'^^"^^ ^ * 
cases in which deeds, mortgages and bills of sale have been hereto- 
fore or may be hereafter executed, proved or recorded, as is authoriz- 
ed by said Act. 

68. Aiid be it further enacted, That when a deed of conveyance ^^''J^^'J^^^^j^ 
or bill of sale has been or may be executed in another State, the other states, 
same may be proved by the affidavit of a subscribing witness, as in 

other cases, before a judicial officer of this State, and shall be record- 
ed and read in evidence without further proof. 

An Act to authorize certai?i deeds to be read in evidence and to make 
leQ;althe registry of the same. — Approved January 16, 1850. Pam. 
149. 

69. Sec. I. Be it therefore enacted, That from and after the Beeds may 
passage of this Act, any deed, bill of sale, or any other conveyance Httest*2crby 
of real or personal property, heretofore or hereafter made, executed HlT/coun!' 
according to the laws of this State, and the execution thereof has 

been or hereafter may be proved upon the oath of one of the sub- 
scribing witnesses before the Clerk of the Superior Court of any 
County in this State, ^ or by him and another witness, attested here- 
tofore or hereafter recorded, may be read in evidence in any Court 
of this State, without further proof of execution, and that such re- 
cording of the same shall be legal to all intents and purposes.* 

An Act to regulate the admission of deeds in evidence in certain cases 
therein mentioned. — Approved Jan. 17, 1850. Pam. 149. 

70. Sec. I. Be it enacted, That any deed or conveyance hereto- Probate not 
fore made of lands in this State, or which shall hereafter be made, may yet be 
purporting to be duly proven, and which has been or may hereafter '''''''''^'^*''^' 
be recorded within twelve months from its date, or within the time 
prescribed by law, without having the probate recorded, may at any 

time hereafter be again recorded with such probate in the County 
where the land conveyed may lie, or in the County where the deed 
may have been or may hereafter be first recorded ; and when so 
again recorded with the probate shall be admitted in evidence, and 
have the same lien and validity without further proof, as if the pro- 
bate had been recorded with the first record of said deed. 

Sec. II. All laws and parts of laws militating against this Act 
be and the same are hereby repealed. 

An Act to authorize Notary Publics to administer oaths, ^Y*. — Ap- 
proved Feb. 11, 1850. Pam. 331. 

71. Sec. I. Be it enacted, That Notary Publics are hereby de- 

•E-e-enacted, see sec. 65. 

[1.] Otherwise before the passage of this Act, 7 Ga. Rep. 5^^ 



182 



COUNTlEb— ir.»o. 



Court-houses and Jails. 



Fore^Notaiy ciared Competent to administer oaths as Justices of the Peace may do 
Public. in relation to the probate of deeds and other instruments, and to re- 
ceive the same compen -nation therefor. 
Perjury. 72. Sec. II. Porjury or false swearing may be assigned on oaths 

made before Notary Publics as may now be done on oaths adminis- 
tered by judicial officers to affidavits. 

Sec. III. All laws or parts of laws militating against this Act, 
be and the same are hereby repealed. 



[Statutes omitted as obsolete, repealed or superseded. 
Act of 1763, Watkins, 86.] 



Provincial 



COUNTIES/ 



Sec. 1. Erection of JaUs, &c. 

" 2. Superintendence of. 

" 3. County Funds. 

•' 4. County Taxes. 

" 5. Tax on Shows. 

•* 6. Collection and Appropriation. 

•♦ 7. Extra Tax. 

" 8. Recommendation of Grand Jury. 

" 9. Tax Collector's duty.. 

" 10. Tax on Shows. 

"• 11. Clerk's Certificate. 

*• 12. Proceeds. 



Sec. 13. Violation — Penalty. 

14. Attachment. 

15. Clerk's Account. 

16. Corporate Towns. 

17. Exempted. 

18. Act of 1835 extended. 

19. New Districts. 

20. Alterations. 

21. Surveyor's duty. 

22. Keport. 

23. Applications — when. 

24. Notice to Governor. 



Inferior 
Courts to 
erect and 
keep in re- 
pair court- 
houses and 
jails. 



An Act for building and keeping in repair the Court Houses and 
Jails in the respective Cou?ities within this State, and for the sup- 
port of the Poor.— Approved Feb. 21, 1796. Vol. I. 171. 

1. Sec. I. From and after the passing of this Act the Justices of 
the Inferior Courts of every County within this State, in their re- 
spective Counties, shall cause to be erected and kept in good repair, 
(or where the same shall be already built,) shall maintain and keep 
in good repair, at the charge of such County, one good and conve- 
nient Court house of stone, brick, or timber,^ and one sufficiant jail,f 

*This title and the two next succeeding are so nearly allied that the Acts appropriate 
to each can with difficulty be distinguished. They should be consulted together. 

For Act in relation to bridges over streams dividing dilFerent Counties, see " lioads, 
Bridges, and Ferries," sec. 49. 

For Acts authorizing Superior and Inferior Courts to grant charters and change names 
in certain cases, see " Judiciary," sec. 283. 

For various Acts in relation to Prison Bounds, see " Insolvent Debtors." 

fWhere there is no jail, see " Judiciary," sec. 85. 

(1.) The Justices are not liable individually on a note given for the building of a Court 
House. 2 Kelly, 214. 

If the County has an insufficient jail, the County, and not the prisoner, must pay the ex- 
penses of a guard. 9 Ga. Rep, 



COUNTIES— 1796-1820. 183 

« i ■ ■ ■ . I , ■ ■ 

Building and repairing — Fines and forleiturcs — County tax. 

with the necessary apartments for the safe-keeping of criminals and 
debtors, well secured with iron bars, bolts, and locks ; [and shall 
cause to be erected contiguous thereto, one pillory, v/hipping-post , Piiiones, &c 
and stocks.]* 

2. Sec. II. The Inferior Courts in each Comity shall have full s^j^iij^sni^^ 
power and authority at all times to inquire into the conduct of Jailers, state of jaii« 
and the state of jails in their respective Counties, and on neglect of ofjaiier!^^ 
duty to cause such Jailers to be removed, by an order to the Sheriff 

for that purpose ; and the said Courts shall liave full power and an- And sjiaii w- 
thority to call on all persons, their heirs, executors, or administrators, tions against 
in their respective Counties, who have had, or may have County S"g"c(mt. 
moneys in their hands, collected for the express purpose of building 2^||."i"^Jj]" 
Court houses and jails, or for any other County purposes whatever ; 
and in case of neglect or refusal to pay the same, the said Court shall 
and are hereby required to cause executions to be issued for the full 
amount appearing to be due,f ' in the same manner as the Treasurer 
is authorized by law to issue executions against the defaulting col- 
lectors of taxes ill the different Courjties ; and such moneys, when 
collected, may be applied by such Court to the uses and purposes of 
building and repairing Court houses and jails. 

Sec. III. [Superseded by Act of 1821. See sec. 7, 8, 9, of this 
title.] 

3. Sec. IV. All moneys that now are, or may hereafter come i^- ,fjoifc"ra^rK 
to the hands of the Clerks of the Superior or Inferior Courts, by fines ingfnmi 
or forfeitures, and all money arising Irom the sale of estrays, are here- trays appro- 
by made liable and subject to the draught, or order of the several Conn- cmmty pur- 
ty Courts, to be appropriated and applied as aforesaid, either in the ^^^^^' 
building or repairing Court houses and jails, or to the support of the 

poor and building bridges, at the discretion of such Courts. J 

Sec. Y. [Relates to the County of Bryan — local and temporary.] 

4. Sec. YI. Ail laws, or parts of laws, clause or clauses hereto- --^^^f^^mf-T 
fore made, or such part thereof as authorize the County Courts of this county 'ta.ie« 
State to levy a tax for County purposes, be, and the same are hereby ^^^^ 
repealed. Provided, that nothing in this Act contained shall extend Proviso. 

or be construed to extend to have operation in the County of Chatham, Chatham 
so as to repeal or affect any law appointing the Mayor, Aldermen of "" ^* 
the City of Savannah, commissioners of the Court house and jail in 
the said County. 



An Act to impose an additional Tax o?i Proprietors or Exldhiters of 
>S'/ioi^5.— Approved Dec. 18, 1820. Yol. lY. 415. 

5. Sec. I. From and immediately after the passing this Act it 

*. Superseded by Penal Code, discontimiing these punishments. 

fSee " Tax," ol, 72. See further on this subject, " County Funds and Records." 
JFines and forfeitures applied to pay certain costs, see "Pengd Laws," 317. As to 
fineJ imposed by Coiu'ts of IncLuLry, see " Militia," sec. 120. 

(1.) This provision unconstitutional, except as to Collectors, Receivers, or other legally 
appointed public monetary agents. 5 Ga. Rep. 183. 



184 COUNTIES~1820-'21. 



Tax on shows — County tax — Tax Collector's duty. 



Sir^b™^e^ shall and may be the duty of the Justices of the Inferior CourtSj 
quired to pay Justices of tlio Peace, aud the corporation officers of all Cities, Towns, 

from *5 to . 

$50. "^ or Villages within this State, or any one or more of them, to exact 
and collect from all proprietors or exhibiters of shows a sum not ex- 
ceeding fifty nor less than five dollars for each and every day that 
shall exhibit shows of any kind within any corporation or County in 
this State.* 

Howappiied. 6. Sec. II. All suuis SO coilccted withiu the limits of any cor- 
poration shall be applied, by the officers of such corporation, to such 
purposes as they may deem proper within the limits of their official 
jurisdiction ; and all sums so collected by the Justices of the Inferior 
Courts, or Justices of the Peace, without the limits of any corporation 

How coiiec- sliall bc appropriated to County purposes ; which said fines and pen- 
alties shall be collected in the same manner as other fines and penal- 



ted 



ties are collected under the existing laws of this State. 

An Act to authorize the Justices of the Inferior Court in the several 
Counties in this State to levy extraordinary Taxes for County 
purposes. — ^Approved Dec. 19, 1821. Yol. IV. 419. 

Justices of 7. From and after the passing of this Act, the Justices of the In- 
aMin/may fcrior Court of the respective Counties in this State, or any three of 
taxL!*^^^ the bench of Justices of the said Court in any County, shall have 
power, v/henever in their opinion the exigencies o'f their respective 
Counties may so recpiire, to levy upon the inhabitants of any County 
in which the said Justices may reside, a tax extraordinary of the gen- 
eral State tax, and shall be authorized to have the same collected by 
the tax collector for any County in which such tax may be levied by 
Proviso. them ;t Prodded, that nothing herein contained shall be construed to 
authorize the Justices as aforesaid, to order any levy which shall ex- 
ceed fifty per centumj on the general State tax annually ; [Proviso, 
local.] 
iftwo-thirds 8. Sec. II. No extraordinary tax sliall bc Icvicd aud collocted by 
ryrecom- '^" the Inferior Courts, as by this Act contemplated, unless two-thirds of 
mend. ^j^g Gfaud Jury of the County shall first recommend the same at a 

regular term of the Superior Court. 
The duty of 9. Sec. HI. It shall be the duty of the Tax Collector of any 
lector^^ * County in which an extraordinary tax may be levied in the manner 
provided in the foregoing section of this Act, upon being required to 
do so by the Justices of the Inferior Court, or a maj.ority of them, to 
give bond and approved security to the Justices aforesaid, or their 
successors in office, in a sum not exceeding double the amount of the 
extraordinary tax assessed, conditioned for the faithful collection and 
payment of the same into the Clerk's office of the Inferior Court, there 
to remain subject to the order and application of the Justices of the 
Inferior Court for County purposes ; and the Collector shall be enti- 

*See Act of 1835, sec. 10 et seq. of this title. 

t State tax retained for several years, see " Tax." As to fi. fa. vs. defaulting Collec- 
tor, see title "Tax," sees. 46, 72, 86, 87. 

J Tax for educational purposes not included, see "Academies, &c." sec. 8. Nor 
Poor Tax, see "Executors, &c." sec. 191. 



COUNTIES— 1835. 185 



Tax on shows. 



tied to the usual commission for collecting any such extraordinary ^"tlo*?'"^**^"" 
tax to be assessed and levied as aforesaid. 

An Act* to assess a tax on all j>e7^S07is exhibiting Shoivs of the dif- 
ferent descriptions in the Coanties (f Coiotta^ McrriwetJicr^ Givin- 
7ict/j and Union in this State, and frr otfier purposes therein named. 
Assented to Dec. 26, 1835. Pam. 285. 

10. Sec. I. From and after the passage of this Act, all persons, ^^^^^^ 
either owners or principal managers, wishing to introduce and exhibit 
shows for the sake of profit or gain, in the said Counties* in this State 
shall pay the following tax, each and severall)^ to the Clerk of the 
Inferior Court of each of the said respective Counties in which they 

may wish to exhibit : For exhibiting on horses the sum. of twenty- Exhibitions 
five dollars ; for introducing and exhibiting animals, beasts or vermin, $2rx"'^*^'' 
or any other of the like description, the sum often dollars ; for ex- pj"™'^^ |Jc! 
hibiting in person, pictures, or fictitious figures the sum of five dol- ^^• 
lars. 

11. Sec. II. It shall be the duty of the Clerk of the Inferior cierk inferi 
Court of the several Counties in this State on application of any per- sues ccrtifi- 
son wishing to exhibit either of the above denominated shows, and 

on their paying into the hands of the said Clerk the amount of tax 
so assessed, agreeable to the provisions of this Act, on each particular 
show that he may wish to exhibit, to grant said applicant a certificate 
in his own name, setting forth the particular description of such show 
so to be exhibited, under his hand and the County seal, on said ap- 
plicant paying him the sum of one dollar for his services ; and the Fee $i. 
certificate so obtained shall be a sufficient license for the person so 
applying to exhibit such show in said County and nowhere else, for 
the term of twelve months from the date and no longer. 

12. Sec. III. The money arising, agreeable to the provisions of ho?v^r^^ro- 
this Act, shall be placed under the direction of the Inferior Court ofpii^ited. 
the several Counties of this State, to be appropriated one half for 

the support of the poor, and the other half for building bridges and 
other County purposes. 

13. Sec. IV. If any person or persons should exhibit either of ^r^^j|y ^""^ 
the above denominated shows, without first complying with the sec- 
ond section of this Act, he shall forfeit and pay for each and every 
violation of the provisions of this Act, the several sums, viz : For 
exhibiting on horses, the sum of fifty dollars. For exhibiting animal, double the 
beasts or vermm, or any thing of the like description, the sum of twen- ^^^' 

ty dollars. For exhibiting in person, pictures, or fictitious figures, 
the sum of ten dollars. 

14. Sec. V. On oath being made by any citizen of the County oncom- 
where such violation of the provisions of the above recited Acts has 
been committed, before any Judicial officer of this State, Justice of 

the Inferior Court or Justice of the Peace, it shall be his duty to issue 

a warrant of attachment against the property and effects of the person gjfjf^^j^^"* 

BO oflending, or so much thereof as will fully satisfy the amount set 



♦This Act made general, by Act of 1837, see sec. 18. 

24 



186 COUNTIES— 1835-'39. 



Tax on shows — Militia Districts. 



forth, and all cost, directed to any Sheriff, Constable or their legal 
deputy to execute and return the same, and it shall be tried and gov- 
erned under the provisions of the attachment law now in force in this 
State ; and any person so exhibiting, on being called on to s?iow his 
license from under the hand of the Clerk and County seal, and failing 
or refusing to do so, shall be snfficient ground for any person to make 
oath of the violation of the true intent and meaning of the provisions 
of this Act, and the fine so collected, agreeable to the provisions of 

cms half to this Act, sliall one half go to the informer, and the other as above 

^'^^"^■"""'^■- provided for in the third section. 

Clerk's ac- l^- Sec. VI. The Cicrk of the Said scvcral Countics shall Tccord 

count. ^YiQ license so granted and the different amounts received, and shall 
pay over all money received for granting such license to the County 
Treasurer, or the Clerk of the Inferior Court where there is no Coun- 

Treasurer's ty Trcasurcr, cxccpt his fee for issuino- and take the Treasurer's re- 

leceipt. ^ . 11, • 1 - -11 

ceipt and record the same in his receipt book. 
Doe^ not ex 16. Sec. VII. Notliiug herein contained shall be so construed as 
puration^ to Operate or interfere with the incorporation laws in this State. 

17. Sec. VIII. Nothins: contained in this Act shall be held to 
a-fect or impair the powers heretofore granted to municipal corpora- 
tions in this State, to prohibit, tax or license any of the shows or ex- 
hibitions or other matterr mentioned in this Act. 

Sec. IX. All laws and parts of laws militating against this Act 
be, and the same are hereby repealed. 



An Act to amend an Act entitled a7i Act to assess a tax on all persons 
exhibiting of Shows of the differe^it descriptions, in the Counties of 
Coweta and Merri wether, and Gwinnett, and Union in this 
State, and for other purposes therein named, passed on the 26fh day 
of December, 1835. — Assented to Dec. 25, 1837. Pam. 257. 

The Act of 18. Sec. I. Be it e?iacted, 6^*c. That from and after the passage 
gencrTL ^ of this Act, the provisions of the above recited Act shall take effect 
and go into operation in each and every County in this State, and 
become a general law, any law, usage, or custom, to the contrary 
notwithstanding, except that when the exhibition takes place in any 
incorporated Town or Village, the tax shall go to the funds of such 
corporation. 

All Act to authorize the Justices of the Inferior Court of the several 
Counties in this State to create and lay out any new dislricts, or 
change and alter the lines of those already laid out. — Assented to 
Dec. 23, 1839. Pam. 37. 

Justices Inf. ^^' ^^^- ^' ^^ ^^ euactcd, That from and immediately after the 
Court may passagc of this Act, that whenever it shall be necessary to create and 
lay out any new district in any of the Counties in this State, the 
Justices of the Inferior Courts, or a majority of them of said County,* 



appoint 



*At a regular term. See next Act. 



COUNTIES— 1839-'40. iS7 

Militia Districts — How laid ovit and altered. 



shall proceed to appoint tliree commissioner-;, who shall be citizens tiirec com- 
of the district from which it is proposed to create or lay out the new ™'**^^°'''^'" 
district, whose duty it shall be to lay out and define the lines of said Duty and r&. 
district, and report the same to the next Inferior Court of said Coun- ^'"* 
ty, for County purposes. 

20. Sec. II. Whenever it is necessary to alter or change any of j^.^ay <j)'mge 
the lines of the districts now organized, or to define the same, that 

the Justices of the Inferior Court of the several Counties of this State, 
or a majority of them, shall appoint three commissioners, who shall 
be citizens of the districts between which the change in defining is 
proposed to be made, who shall proceed to lay out or define said line, 
and report the same to the next Inferior Court in said County, for 
County purposes. 

21. Sec. III. Whenever the commissioners appointed as con- ^""'fy*^ 

ii may be en»- 

tempiated in the preceding sections of this bill, shall deem it neces- ployed, 
sary, they may engage the services of a competent Surveyor to assist 
in laying out any new districts, or change or define any line in pur- 
.suance of the foregoing sections, who shall be paid for his services ^^"^ P'"'^- 
as Surveyor, out of the County treasury. 



22. Sec. IV. Whenever the said Inferior Court, or a majority of^^^l^^^ 



of re 



them, shall approve the report of the before mentioned commission- 
ers, that they shall cause the same to be recorded on the minutes of 
said Court, after which the district laid out, line changed or defined, 
shall be known and distinguished as such. 

Sec. Y. All laws or parts of laws, militating against this Act be, 
and the same are hereby repealed. 



A?i Act amendatory of an Act emitted an Act to authorize the Justices 
of the lifer tor Court of tlie several Counties in this State to create 
and. la.ij out any new districts^ or change and alter lines of those al- 
ready laid out. — Assented to on the 23d Dec. 1839. — Assented to 
Dec. 23, 1840. Pam. 53, 

23. Sec I. Be it enacted, That nothing in the aforementioned Applications 
Act shall be so construed as to admit of applications being made iniar torm^^ 
manner aforesaid to lay out any new district, or to change the lines 

of any district already laid out, only at a regular term of the Inferior 
Court. 

24. Sec. II. As soon as any new district shall be regularly laid Notice up 
out and formed, agreeable to the provisions of the above recited Act, "^^'*^'' 
it shall be the duty of the Clerk of the Inferior Court of the County 
where such district is made, to immediately inform his Excellency 

the Governor of the same ; all laws to the contrary notwithstanding. 

Statutes omitted as obsolete, repealed or. superseded. .Act of 1788. 
Vol. I. 446. 



188 



COUNTIES. 



Table showiiio; the number of Counties in the State, &e. 



TABLE, 

Showing the number of Counties in tlie State; tlieir names, and to loliat Sena- 
torial, Congressional and Judicial Districts and Militia Divisions each 
County is attached. 





County connected 


Consro.-s'I 




Militia Division and 


Counties. 


in ?->n;itori;il 
District. 


District. 


Judicial District. 


Brigade. 


1. Appling, 


Montgomery, 


First, 


Southern, 


6th Div. 2d Brig. 


2. Baker, 


Lee, 


Second, 


Southwestern, 


13th Div. 2d Brig. 


3^. Baldwin, 


Hancock, 


Seventh, 


Ocmulgee, 


3d Div. 1st Brig. 


4. Bibb, 


Monroe, 


Third, 


Flint, 


8th Div. 1st Brig. 


5. Bryan, 


Effingham, 


First, 


Eastern, 


1st Div. 1st Brig. 


6. Bulloch, 


Scriven, 


First, 


Eastern, 


1st Div. 2d Brig. 


7. Burke, 


JetTerson, 


Eighth, 


Middle, 


1st Div. 2d Brig. 


8. Butts, 


Pike, 


Third, 


Flint, 


5th Div. 2d Brig. 


9. Camden, 


Wayne, 


First, 


Eastern, 


1st Div. 1st Brig. 


10. Campbell, 


Coweta, 


Fourth, 


Coweta, 


9th Div. 2d Brig. 


11. Carroll, 


Heard, 


Fourth, 


Coweta, 


9th Div. 2d Brig. 


12. Cass, 


Paulding, 


Fifth, 


Cherokee, 


12th Div. 1st Brig. 


13. Chatham, 




First, 


Eastern, 


1st Div. 1st Brig. 


14. Chattooga, 


Flovd&(jordon 


Fifth, 


Cherokee, 


12th Div. 2d Brig. 


15. Cherokee,, 


Cobb, 


Fifth, 


Cherokee, 


12th Div. 1st Brig. 


16. Clarke, 


Walton, 


Sixth, 


Western, 


3d Div. 2d Brig. 


17. Clinch, 


Ware& Lowndes 


First, 


Southern, 


6th Div. 2d Brig. 


18. Cobb, 


Cherokee, 


Fifth, 


Coweta, 


11th Div. 1st Brig. 


19. Columbia, 


Richmond, 


Eighth, 


Middle, 


2d Div. 1st Brig. 


20. Coweta, 


Campbell, 


Fourth, 


Coweta, 


9th Div. 2d Brig. 


21. Crawford, 


Upson, 


Third, 


Flint, 


8th Div. 1st BrJig. 


22. Dade, 


Walker, 


Fifth, 


Cherokee, 


12th Div. 2d Brig. 


23. Decatur, 


Thomas, 


Second, 


Southwestern, 


13th Div. 1st Brig. 


24. DeKalb, 


Fayette, 


Fourth, 


Coweta, 


11th Div. Ist Brig. 


25. Dooly, 


Sumter, 


Second, 


Southwestern, 


8th Div. 1st Brig. 


26. Early, 


Randolph, 


Second, 


Southwestern, 


! 3th Div. 1st Brig. 


27. Elbert, 


Oglethorpe, 


Eighth, 


Northerif, 


4th Div. 1st Brig. 


28. Effingham, 


Bryan, 


First, 


Eastern, 


1st Div. 1st Brig. 


29. Emanuel, 


Washington, 


First, 


Middle, 


1st Div. 2d Brig. 


30. Fayette, 


DeKalb, 


Fourth, 


Coweta, 


5th Div. 2d Brig. 


31. Floyd, 


Chattooga,Gcrdon, 


Fifth, 


Cherokee, 


12th Div. 2d Brig. 


32. Forsyth, 


Gwinnett, 


Fifth, 


Cherokee, 


7th Div. 2d Brig. 


33. Franklin, 


Madison, 


Sixth, 


Western, 


4th Div. 2d Brig. 


34. Gilmer, 


Murray, 


Fifth, 


Cherokee, 


12th Div. 1st Brig. 


35. Glynn, 


Mcintosh, 


First, 


Eastern, 


1st Div. 1st Brig. 


36. Gordon, 


Floyd & Chattooga 


Fifth, 


Cherokee, 


12tli Div. 1st Brig. 


37. Greene,' 


Morgan, 


Seventh, 


Ocmulgee, 


3d Div. 2d Brig. 


38. Gwinnett, 


Forsyth, 


Fifth, 


Western, 


7th Div. 1st Brig. 


39. Habersham, 


Rabun, 


Sixth, 


Western, 


7th Div. 1st Brig. 


40. Hall, 


Jackson, 


Sixth, 


Western, 


7th Div. 1st Brig. 


41. Hancock, 


Baldwin, 


Seventh, 


Northern, 


2d Div. 2d Brig. 


42. Harris, 


Troup, 


Fourth, 


Chattahoochee 


10th Div. 1st Brig. 


43. Heard, 


Carroll, 


Fourth, 


Coweta, 


9th Div. 1st Brig. 


44. Henry, 


Newton, 


Fourth, 


Flint, 


5th Div. 2d Brig. 


45. Houston, 


Pulaski, 


Second, 


Flint, 


8th Div. 1st Brig. 



COUNTIES. 



18D 





Table showing 


the number of Counties in the State, &c. 




County connected 


Congress'l 




Militia Division and 


Counties. 


in ^:^enaf:oriiil 
District. 


District. 


Judicial District. 


Brigade. 


46. Irwin, 


Telfair, 


Second, 


Southern, 


6th Div. 2d Brig. 


47. Jackson, 


Hall, 


Sixth, 


Western, 


4th Div. 2d Brig. 


48. Jasper, 


Putnam, 


Third, 


Ocmulgee, 


5th Div. 1st Brig. 


49. Jefferson, 


Burke, 


Eighth, 


Middle, 


1st Div. 2d Brig. 


50. Jones, 


Twiggs, 


Third, 


Ocmulgee, 


5th Div. 1st Brig. 


51. Laurens, 


Wilkinson, 


Seventh, 


Southern, 


6th Div. 1st Brig. 


52. Lee, 


Baker, 


Second, 


Soutliwestern, 


13th Div. 2d Brig. 


53. Liberty, 


Tatnall, 


First, 


Eastern, 


1st Div. 1st Brig. 


54. Lincohi, 


Wilkes, 


Eighth, 


Northern, 


4th Div. 1st Brig. 


55. Lowndes, 


Ware & Clinch, 


First, 


Southern, 


6th Div. 2d Brig. 


56. Lumpkin, 


Union, 


Fifth, 


Cherokee, 


7th Div. 2d Brig. 


57. Macon, 


Marion, 


Second, 


Southwestern, 


10th Div. 2d Brig. 


5S. Madison, 


Franklin, 


Sixth, 


Northern, 


4th Div. 2d Brig. 


59. Marion, 


Macon, 


Second, 


Chattahoochee 


lOth Div. 2d Brig. 


60. Mcintosh, 


Glynn, 


First, 


Eistern, 


1st Div. 1st Brig. 


61. Meriwether, 


Talbot, 


Fourth, 


Coweta, 


9th Div. 1st Brig. 


62. Monroe, 


Bibb, 


Third, 


Flint, 


8th Div. 2d Brig. 


63. Montgomery, 


Appling, 


First, 


Middle, 


1st Div. 2d Brig. 


64. Morgan, 


Greene, 


Seventh, 


Ocmulgee, 


3d Div. 1st Brig. 


65. Murray, 


Gilmer, 


Fifth, 


Cherokee, 


12th Div. 2d Brig. . ' 


66. Muscogee, 


Stewart, 


Second, 


Chattahoochee 


Kith Div. 1st Brig. 


67. Newton, 


Plenry, 


Sixth, 


Flint, 


11th Div. 2d Brig. 


68. Oglethorpe, 


Elbert, 


Seventh, 


Northern, 


3d Div. 2d Brig. 


69. Paulding, 


Cass, 


Fifth, 


Cherokee, 


lith Div. 1st Brig. 


70. Pike, 


Butts, 


Third, 


Flint, 


8th Div. 2d Brig. 


71. Pulaski, 


Houston, 


Second, 


Southern, 


6th Div. 1st Brig. 


72. Putnam, 


Jasper, 


Seventh, 


Ocmulgee, 


3d Div. 1st Brig. 


73. F^abun, 


Habersham, 


Sixth, 


Western, 


7th Div. 1st Brig. 


74. Randolph, 


Early, 


Second, 


Southwestern, 


13th Div. 1st Brig. 


75. Richmond, 


Columbia, 


Eighth, 


Middle, 


2d Div. 1st Brig. 


76. Scriyen, 


Bulloch, 


First, 


Middle, 


1st Div. 2d Brig. 


77. Stewart, 


Muscogee, 


Second, 


Chattahoochee 


iOth Div. 1st Brig. 


78. Sumter, 


Dooly, 


Second, 


Southwestern, 


iOth Div. 2d Brig. 


79. Talbot, 


Merriwet'her 


Third, 


Chattahoochee 


10th Div. 2d Brig. 


80. Talliaferro. 


Warren, 


Seventh, 


Northern, 


2d Div. 2d Brig. 


81. Tatnall, 


Liberty, 


First, 


Middle, 


1st Div. 2d Brig. 


82. Telfair, 


Irwin, 


First, 


Southern, 


6th Div. 2d Brig. 


83.. Thomas, 


Decatur, 


First, 


Southern, 


i3th Div. 2d Brig, 


84. Troup, 


Harris, 


Fourth, 


Coweta, 


9th Div. Ist Brig, 


85. Twiggs, 


Jones, 


Third, 


Southern, 


6th Div. 1st Brig. 


86. Union, 


Lumpkin, 


Fifth, 


Cherokee, 


7th Div. 2d Brig. 


87. Upson, 


Crawford, 


Third, 


Flint, 


8th Div. 2d Brig. 


88. Walker, 


Dade, 


Fifth, 


Cherokee, 


I2th Div. 2d Brig. 


89. Walton, 


Clarke, 


Sixth, 


Western, 


llth Div. 2d Brig. 


99. Ware, 


Lowndes & Clinch 


First, 


Southern, 


6th Div. 2d Brig. 


91. Warren, 


Talliaferro, 


Eighth, 


Northern, 


2d Div. 1st Brig. 


92. Yv^ashington, 


Emanuel, 


Seventh, 


Middle, 


2d Div. 2d Brig. 


93. Wayne, 


Camden, 


First, 


Eastern, 


1st Div. 1st Brig. 


94. Wilkes, 


Lincoln, 


Eighth, 


Northern, 


4th Div. 1st Brig. 


95. Wilkinson, 


Laurens, 


Third, 


Ocmulgee, 


6th Div. 1st Brig. 



190 



COUNTY FUNDS AND RECORDS— 1809-' 13. 



liecords, how kept — Duty of ex-officcr. 



COUNTY FUNDS AND UECOEDS/ 



Sec. 1. Ex-officcrr,' liability. 

2. liecorJ books. 

3. Delivery to successor. 

4. rurcbaso of books. 
0. Scliedule of books. 

6. Annual accounts. 

7. Defaulting Clerks. 

8. Clerks' receipts. 

9. County funds. 

10. Statement for Grand Jury. 

11. Clerks' fees. 

12. Misconduct, i^enal-ty. 

13. Annual exhibit, 

14. Failure, malpractice. 



. 15. Compensation. 

16. Transcribing records. 

17. Incomplete records. 

18. Lowest bidder, bond. 

19. Suit vs. Defaulting Clerks. 

20. Judicial records. 

21. Grand Jury's duty. 

22. Book of receipts, &c. 

23. Abstract before Grand Jury. 
2i. Penalty. 

25. Public inspection. 

26. Certain records transcribed. 
27 • Copies ,■ evidence . 



The ex-offi- 
Ccr liahle for 
any p:ipers 
not in rho 
schedule. 



Records to 
be kept in 
bound booki 



Act of December 13, ISOO.f Vol. II. 541. 

Sec. IV. The said successor shall not be liable for any papers 
not coiitaiiied in said last schedule, J but his predecessor shall be lia- 
ble as aforesaid, in the same maimer during the time intervening be- 
tween the election and commissioning of his said successor, as he 
was previous to said election. 

2. Sec. VL It shall be the duty of the Clerks of the Superior 
and Inferior Courts, and the Clerks of the Courts of Ordinary, to 
keep their records in books well bound. [For the rest of the Act 
not repealed, see County Officers, sec. 8.] 



All clerk=; to 
deliver over 
to their .suc- 
cessors, all 
the books 
and p:i[)ers 
of llie oiiice. 



Act of December 6, 1813.^ Vol. III. 148. 

Sec. I. [Repeals so much of the 2d and 3d sections of the 
foregoing Act, as directs the Clerks of the Superior and Inferior 
Courts,* and Courts of Ordinary, to return a schedule of their office 
papers thirty days before the election. ] 

3. Sec. II. It shall be the duty of the Clerks aforesaid to deliv- 
er over to their successors in office respectively, all the books and 
papers appertaining to tlieir respective offices, within five days after 
their successors are qualified. Provided, that the said Cleks shall 
make out and deliver to their successors in office respectively upon 
oath, a fair and correct schedule of all the papers relative to any un- 
finished business in their said offices respectively, in term bundles, 
and all other papers and books appertaining to said office, in good 
order. 

Sec. III. [See " County Officers," sec. 16.] 

*See " Counties," sec. 2, forprocceding against persons holding over County funds. 

See same title, sec. 10, for tax on sliovfs. 

Also, the disposition of iine3 and forfeitures, sec. 3, and note thereto. 

For Act making proceeds of sales of escheats a j^art of the County funds, see 
" Escheats," 23, 24. 

fFor title see " County Officers," sec. 8. 

jReierring to the schedule mentioned in the sections of the Act repealed, and sup- 
plied by Act of 1813. See sees. 2 and 3, this title. 

^ij'or title pcc " " 



il\-^c\ y^ .^y. 



\ 1 



COUNTY FUNDS AND RECORDS— 1815-' 16. 191 

Kecord Books — Clerk's account — Defaulting Clerk. 



A71 Act to define the duty of the Justices of the Inferior Courts in 
regard to the Books of Record of their respective Counties ; and 
to drfins the duties of the Clerks of the iSuperior and Infi'ior 
Courts, ivith respect to Countij funds, — Approved Dec. 16, 1815, 
Vol. III. 151. 

Whereas, much injury may be sustained by the citizens of this ^-^^i^^^e- 
State, from important matter being recorded on loose paper or 
books unbound, and subject to come to pieces in a short term of 
years, 

4. Sec. I. Be it enacted, 4'^. That it shall be the duty of the ipfprior 
Justices of the Inferior Courts, to purchase, or cause to be purchased, pml hase " 
out of the County funds, a sufficient number of well bound blank IJeuVound! 
volumes for the Clerks of the Superior, Inferior, and Courts of Or- 
dinary of theii' respective Counties, and that it shall be their duty to 

letter or cause to be lettered and indexed, said volumes, as they in 
their judgment may think proper, and have them immediately en- 
tered on the minutes of the Court. 

5. Sec. II. The Justices aforesaid, shall, at the expiration of •'^^-^i'^^^^ii'^ 

• 1 r^^ 1 111 r* of the ofnrc 

each year, cause said Clerks to produce a schedule of the books in bosks to be 

i have the same duly recorded. cSdi'd.'^ 



e 
ro- 



their respective offices, pjid have the same duly 

6. Sec. III. It shall be the duty of the Clerks o-f the Superior cierk^ of 
and Inferior Courts of the several Counties in this State, to lay be- j,',7;^.f;,'^'^^^'^ 
fore the Inferior Court of their respective Counties, at the first annu- <^''-'"''/ii^^' 
al session of the said Courts, a correct statement of the several sumsnuaiiyto uie 
of money received for County rates or taxes, or fines, forfeitures, comt'a 
impositions, license, or otherwise, in such method, as that the net ivcv.u'iity^^ 
proceeds of the whole rev-siaue of such (bounty, and the amount of '"'''^-'• 
the several disbursements in discharge of the several demands against 
such County, may distinctly appear ; and if any of the said Clerks Jouwo the ^^ 
shall divert, misapply or conceal any of the money belonging to '^-"j "nf f<,r 
such County, he shall forfeit and pay to, and for the use of such mcnt.' 
County, double the money he shall be found so to have diverted, 
misapplied, or concealed, to be recovered before any Court having 
jurisdiction of the same ;* and it shall further be the duty of said ^ra^nrJ^ 
Clerks, to record such statement of County funds in pro]:er bocks, f^'^'^* f^'i'e 

' •' X 1 7 recorded. 

to be provided at the expense of such County. 



A.n Act to compel Glerl's of the Inferior Courts in this State toj)ay over 
money d (posited in their hands. — Approved Dec. 19, 1816. Vol. 
III. i55. 

7. Sec. I. From and after the passas-e of this Act, it shall and •'"st'cps pf 

the Fnft ri( r 

may be lav^rful for the Justices of the Inferior Court or a majority of court mny 
them, in each County, respectively, of this State, when any Clerk STgainVtde- 
of the Inferior Court may or shall refuse or neglect to pay over any cierk.'° 

* See "Counties," 2. Also "County Officers," sec 38 — disqualifying from, office 
defaulters. See also, next two Acts, and "Penal Laws " sec. 141. 



192 COUNTY FUNDS AND RECORDS— 1820. ^ 

Clerk's receipt — County funds — Clerk's account. 

money or moneys belonging to the Comity funds, deposited or pai(J 
to him for the use of the County for which he is the Clerk, to issue art 
execution against such Clerk and his security or securities, directed 
to the Sheriff, or officer authorized to execute the same, command- 
ing him to levy the sa.me on the estate both real and personal, be- 
. longing to the said Clerk and his security or securities, as the case 
may be, or so much thereof as will be sufficient to satisfy such ex- 
ecution and costs thereon, and such other proceedings shall be had 
thereon as are usual on other executions issued upon judgments. 



An Act to comj)el Clerics of the Inferior Courts, that now are or hereaf- 
ter inaij be in office, to give receipts for all sums of money hij them re* 
cclvcd Jor County purposes ; to compel County officers to take receipts 
for any sum or sums by them received a7id paid for County purposes, 
and re rum or deliver over such receipt or receipts to tlie Clerk of the 
Superior Courts of the several Counties within a certain time; and 
to require the several Clerks of the Superior Courts of this State to 
keep a fair and, regular file and entry of the sa?ne, to be laid before 
their several Grand Juries ivhenever called for. — Approved Dec. 18, 
1820. Vol. IV. 201. 



cievksto .8. Sec. I. From and after the 25th day of 'December, 1820, 
give receipts, ^j^^^ it shall bc the duty of all Clerks of the Inferior Courts of any 
County within this State,* to give a receipt or receipts for any sum 
or sums of money by them received of and from any officer, or 
other person whatsoever, for County purposes, or for moneys on any 
account belonging to the County. 
All County 9. Sec. II. It sliall bc the duty of all County officers, or any 
pakf tcfciSk other person or persons who may receive any sum or sums of mon- 
coarL'^^'''^ ey arising from the sale or sales of estrays (or other means, when 
such money belongs to any County ' ) shall pay the same over to the 
Clerk of the Inferior Court of such County,! ^^id shall take a re- 
ceipt or receipts from the Clerk of the Inferior Court of the several 
and respective Counties, which receipt, the officer or other person 
paying the money is hereby directed to demand, and the said Clerk 
His receipt required to give; and the officer or person paying the money and 
ed to supJd- taking the reciept or receipts, shall return the same to the Clerk of 
or Court, ^j^^ Superior Court of the Comity where the money was paid, within 

twenty days from the payment of the same. 

The clerks 10. Sec. III. It sluill be the duty of the Clerks of the Superior 

enter them Courts withiu this State, to receive and keep a regular and fair file in 

jury.'^'^"'^ office, and entry in a book, to be kept by them for that purpose, all 

such receipts by them received, to be laid before their several Grand 

Juries v/henever CcJled for by said Grand Juries ; any law or custom 

to the contrary notwithstanding. 

*Is not tills whole Act superseded by Act of 1825, providing for County Treasurers ? 
fCounty Treasurer, sec. 45. " County Officers." 

[l.J The Governor may remit even after payment. 1. Kelly, 606. 



i COUNTY FUNDS AND RECORDS— 1823. 193 



Clerk's account — Malpractice. 



11. Sec. IV. For each receipt received, filed, and entered upon ^''^^''^^* 
such book, the Clerk of the Superior Court of any County who may 
receive the same, shall receive the sum of twelve and one-half cents 

out of the County funds of such County where such receipt may be 
filed and entered in said book, and shall be allowed the same on pre- 
senting a statement of his account to the Inferior Court ; and when 
passed by such Court the same shall be entered in the books of ac- . 
count kept by the Clerk of the Inferior Court. 

12. Sec. Y. For each and every neglect or violation of the fore- Ponaityfmm 
going Act, the party neglecting or violating the same shall upon con- '''^'^^''" ^'^'^' 
viction be fined in a sinn of not less than one hundred dollars, nor 

more than five hundred dollars. 



An Act to compel the Clerics oj the Inferior Courts, hi the several 
Counties in this State, aimually, at the first lerm. of the Superior 
Court, in their respective Coauties, to make ajid exhibit to the Grand 
Jun/ a statement of the Couniij funds, showing t/tc receipts and ex- 
penditures of their said Counties for the preceding year. — Approved 
Dec. 22, 1823. Yol. lY. 112.* 

13. It shall be the duty of the Clerks of the Inferior Courts, incicrkgnfthe 
the several Counties in this State anrmally, at the first term of the co'urtf re- 
Superior Court, in their respective Counties, to make and exhibit to aiiy^i'lJIake 
the Grand Jury a full and complete statement of the County funds, J',\®(^^r2 '" 
showin2f the receipts and expenditures of their said Counties for the •'»!•>• of uk. 
preceding year; in which statement they shall not only speciiy all funds, 
the moneys by them received and paid out, but the names of the per- 
sons from whom the same has been received, and for and on wliat ac- 
count the same has been paid out. 

14. Sec. II. Every Clerk failing and neglecting to comply with Failure is 
the requisitions of this Act may, for the said olience, be [resented ]3y "i^ip^'^^tice. 
the Grand Jury for malpractice in office, upon which said present- 
ment it shall be the duty of the Attorney or Solicitor General to 
prosecute, as in other cases of presentments by Grand Juries, for of- 
fences punishable by law ; and on conviction, the said Clerk may be 

fined, or fined and removed from office, at the discretion of the 
Court, • -. 

15. Sec. III. The Justices of the Inferior Court shall allow their cmipensa 
said Clerks such compensation as is reasonable and just for their ser- 
vices required by this Act. 

Sec. IY. AU laws and parts of laws militating against this Act 
are hereby repealed. 



An Act to authorize the Inferior Courts of the several Counties i7i 
this State to transcribe the records of the Siiverior Courts and In- 
ferior Courts, and of the Courts of Ordinary of said Counties ; 

*'nie same quory applied to preceding Act, may be made in regard to this. 

25 ■ 



lU COUNTY FUNDS AND RECORDS— 1829. 

Transcribing records — Suits a<^ainst defaulting Clerks. 

and more fully to define the duties of the Clerks of the Superior 
Courts and Inferior Courts ; and to provide a remedij for the 
non-performance of such duties. — Approved Dec. 22, 1829. Vol. 
IV. 227. 

^"/■e"of ^''t3 IG. Whenever it shall be made known to the Inferior Courts of 
persons to " thc sevcral Counties in this State that the records of the Superior 
tii'rrecords Courts and the Inferior Courts, and Courts of Ordinary, or of any 
of said Courts in their respective Counties have become obliterated, 
defaced, or mutilated, it shall and may be lawful for said Inferior 
Courts to employ some fit person or persons to transcribe such re- 
cords into new books of a substantial nature ; and such records, when 
so transcribed, and approved by said Inferior Court upon their inspec- 
tion, or upon the examination of any person or persons whom they 
shall appoint for the purpose, shidl have all the validity and authen- 
ticity of the original records. 
Or may have ^^ ■ Sec. II. Whenever it shall appear to tlic Inferior Courts aforc- 
up^whe^i^m! ^^^^ ^^^^^ ^^® Clerks of the said Courts hereinbefore mentioned have 
complete, failed or neglected to copy into a book of record all the proceedings 
in all civil cases in said Courts respectively, or that the said proceed- 
ings have been partially and imperfectly copied, it shall and may be 
lawful for the said Inferior Courts to employ some fit andcompeteni 
person or persons to copy the said proceedings into a book or book;' 
of record ; and the said books of record shall, when approved by saiu 
Inferior Court, or by the person or persons by them to be appointed 
for the purpose of examination, have the same force, validity, and 
authenticity as if the said proceedings had been fully copied by the 
Clerks aforesaid, within the time prescribed in the 34th section oi 
the Act of the General Assembly, passed on the 16th day of Feb- 
ruary, 1799.-* 
Fhaii offer 18. Sec. III. The Said Inferior Court, in the employment of a 
ioIl^t*^iid- person or persons to transcribe the records, and to copy the prcceed- 
'*^'- ings as hereinbefore directed, shall ofier the same to the lowest bid- 

der, due regard being had to the competency of the several persons 
Bond to be proDosiug, and shall require bond with approved security, payable to 
given. i]^Q Justices of thc Inferior Court of the County, and their successors 
in office, in a penalty to be fixed by them, or any three of them, for 
the completion of the contract at such time or times as shall be stip- 
ulated, and for tlie safe keeping and return of the books, docu- 
ments, and papers that may be intrusted to him or them for the 
purposes aforesaid, 
guitaafxamst ^^' ^^^' ^^ ' The Inferior Courts shall bc authorizcd to iustitutc 
jfj^^jt'ag a suit or suits in the Superior Court upon the bond or bonds of any 
Clerk, who has failed or neglected to copy into a book of record all 
the proceedings in all civil cases in said Courts respectively, accorduig 
to the true intent and meaning of the said 34th section of the Act 
aforesaid, or who shall hereafter fail or neglect to record the proceed- 
ings of said Courts as hereinafter required ; and shall recover dam- 
ages for the neglect or failure of such Clerk in manner aforesaid, ac- 

*" Judiciary," sec. 383. 



oierks. 



Damages. 



COUNTY FUNDS AND RECORDS— 1829-'31. 19$ 

Suits agjiinst defaulting clerks — Judicial records — Inspection by (irand Jury. 

cordiiig to the rates for recording s-iid proceedings, in all the cases 
which such Clerks shall have failed, or shall fail to record, or which 
he shall have imperfectly recorded, or shall imperfectly record ; and 
in case there be no valid bond of said Clerlr, it shall and may be law- 
ful for said Su};erior Court to cause said Clerk, by a rule or order of 
said Comt,* to pay into the hands of the County Treasurer such sum ormay be 
or Slims of money as it shall appear to said Court that such Clerk has '*^^"^'** 
received, or shall receive, as fees for recording of proceedings incases 
which he has or shall fail or neglect to record, or has or shall imper- 
fectly record, and to enforce such order by process of attachment ; 
Provided, wlien it shall appear that said Clerk has not received the Proviso, 
recording fees in any case or cases, the amount of such fees shall not 
be included in the damages herein re([uired to be collected, nor iu the 
sum herein directed to be paid. 

20. Sec. V. The proceedings in all cases, criminal as well as ah judicial 
civil, hereafter determined in the several Courts of liaw and Equity ufho Lidy'^ 
in this State, shall be fully and fairly copied by the Clerks of such ^^'^'^*^* 
Courts res])ectively into record-books of a substantial nature, pre- 
vious to the next term of such Courts, after the adjournment of the 

Court in which such cases shall be determined. f- 

21. Sec. VI. It shall be the duty of the Grand Jiu'ies in the Grand Juries 
several Counties in this State, from term to term of the Superior JiiVrecords, 
Court, to inspect and examine the offices, papers, and records in the ^^^"^^'■''■' ^*^ 
Superior and Inferior Courts of their (bounties ; and if the said pro- Grand Jury 
ceedings shall not have been copied into a book or books of record fi'.Hi'iS^ 
according to the true intent and meaning of this Act, they shall cause ^^^^^'^ 
the Clerk or Clerks who shall have failed or neglected to do his duty 

as re'.piired by this Act, to be presented for non-performance of official 
duty ; and the said Superior Court shall order the bond of such (^lerk 
to be prosecuted, and recovery shall be had thereon as directed in 
the aforesaid third section of this Act ; and if there be no bond, 
said Court shall proceed against such Clerk as in such case is therein 
directed. 

Sec. VII. All laws or parts of laws militatinor a^jainst this Act nopeaiin^ 

, T , T cj o clause. 

ai'e hereby repealed. 



An Act to compel all County Officers holding p^ihlic moneys to keep 
books of record of the receipts and expenditures of the same. — 
xVpproved Dec. 26, 1831. Pam. 90. 

22. Sec. I. As the public money is the property of the people, 
they have a right at ail times to know how it is expended : 

Be it therefore enacted^ That from and after the passing of this county otti- 
Act, all County officers in each County in this State, in whose hands keep Vro 
any money belonging to the County or State shall come, shall pre- aiWfiiSprs"*^ 

and pay- 
ments. 
♦Sec further, as to ruKng Clerks, " Judiciary," subdivision " Officers of Court," sec. 

380. 

t]5y Judiciary Act of 1799, withiu 40 days, see "Judiciary," 363. • 



(1.) Tlie raotiou docket \n not a record. 1 Kally, Zoo 4 da Rjj^k 131. 



196 COUNTY FUNDS AND RECORDS~1831-'37. 
■■■. ft .1 — • — ^— __^_^_^^.^_^___ 

County funds — Transcription of records in certain Counties. 

pare and keep a fair, good and substantial leather bound book, in 

which they and each of them shall enter in a regular and distinct 

manner, all moneys by them received on account of the State or 

County, or from any other public source, in such a way as may be 

seen how much and at what time the said money was received, and 

in like manner hov/ the same has been expended or disbursed, with 

the items of each expenditure,- and at the expiration of every three 

months, the debit and credit side of such account shall be struck, so 

that the state of the account may be knov/n.* 

And annual- 23. Sec. II. It siiall bc the duty of the County Treasurer, or if 

Itrk*t bcfSl-e iioi^e has been appointed, then the Clerks of the Superior or Inferior 

the Grand Courts, actiug as such, shall at every second term in each County, 

lay before the Grand Jury a fair abstract from said book. 
On pain of 24. Sec. III. lu caso of ucglect or failure of any of the afore- 
^' said persons to perform the duties hereby assigned them, then and in 

such case, they shall be liable to a fine of $20 for each oifence, to be 
recovered in any Court of record having competent jurisdiction ; the 
whole penalty to go to the person prosecuting the party offending. 
Books open 25. Sec. IV. Duriug the legal office iiours, all porsoiis sliall liavc 
l!!irt:'ll' ' access to and a risht to inspect the aforementioned books, and to take 
extracts therefrom, and the person keeping the same shall be entitled 
to receive tAventy-five cents for each inspection; and should any of 
the aforesaid oiilcers refuse any citizen an inspection of said books, 
such officer so offending, shall be liable to the penalty and prosecu- 
tion as prescribed in the above named section. 



An Act to authorize the Inferior Coiirfs of the Counties of Chero- 
kee, Cass, Cobb, Paulding, Floyd, Walker, Murray, Gilmer, 
Union and Lu7npkin, to procure copies of the original records of 
the Superior and Inferior Courts of originally Cherokee Comity, 
wJiich are 7ioio in the Superior and Inferior Clerk's offices of 
Forsyth County, and to legalize the same. — Assented to Dec. 25, 
1837. Pam. 219. 

„ , , .'i it enacted, That from and after the passage of 

Records to ' r o 

be trm-cr.b- this Act, tlic Justicos of the Inferior Courts of the Counties of Cher- 

Ot' tor OPT- — 

raincoun- okoc, Cass, Cobb, Pauldiug, Floyd, "Walker, Murray, Gilmer, Union, 
and Lumpkin be, and they are hereby authorized to employ some fit 
and proper person to transcribe into good and well bound books, pur- 
chased for that purpose, by said Inferior Courts, all the original re- 
cords of the Superior and Inferior Courts of originally Cherokee 
County, while and during the time that the aforesaid Counties, com- 
posed a part of the original County of Cherokee, and that the same, 
when procured, shall be deposited in the Superior and Inferior Clerk's 
offices in the Counties procuring the same, 
ccmparison 27. Sec. II. I'he Uierks or the Superior and Inferior Courts of 
ofcoraes-v Porsyth County, who have possession of the original records, and 
the person employed to transcribe the same, shall compare the origi- 

*See Act of 183-5, providing for County Treasurers, " County Officers," sec. 45. 



COUNTY OFFICERS, 



197 



Analysis. 



nal records and copies, and said Clerks shall certify, in all of the 
books of transcript, that they are true and correct copies of the orig- 
inal records, and a certified copy of any instrument or. transaction certified 
recorded in said books, shall be received and held as legal evidence dence. 
in any Court in this State, any law to the contrary notwithstanding. 



COUNTY OFFICERS.' 



Sec. 1. 



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4. 
5. 


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6. 


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7. 


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8. 


t* 


9. 


*i 


10. 


<( 


11. 


(( 




<( 


13. 


*i 


li. 


(( 


15. 


<( 


13. 


(( 


.1/ . 


<( 


18. 


«< 


19. 


«< 


20. 


(( 


21. 


<i 


22. 


<( 


23. 


** 


24. 


it 


25. 


tt 


2o. 


(( 


27. 


K 


28 


<« 


20. 


(( 


30. 


(( 


ol. 


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32. 


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33 


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34 


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3. 5 


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37 


(( 


38 



IleiTLOv'al of Slicriifs. 

Constable's oath. 

Election of ofliccrs. 

Vac;uicic.:«. 

Takiiii^ Sberi;:^' bonds. 

Oirice of Cierk at Court liouse. 

Penalty f.jr ne;.^lect. 

Oiiicers ,-:/ lacrnrn. 

Application for c-oinmission. 

Ele.Mion of Tax li. and C. 

Appointment C. C. O. 

Apooi.ti<:niei.c .)!' Baililt. 

TiniG of "blectioiis. 

Jailers' bo lid and oath. 

Qualiia.;.arion in 10 days. 

E :c -officers Trulyje'-'t to order. 
' lri'ormalitie.5 cure 1. 

Certain acts ina'ie valid. 

C. C. O. bond. 

ily whoin. taken, 

1 1'.:( ;o very th f^vaon. 

C/onstablc's Bo\id. 

0;ith to Constitution not taken. 

Omission sltall iibt av^oid. 

To t)e taken. 

Vendue M., Xot Pub. &c. 

Deputy Clerk. 

Co) 1 stable ' s bonds . 

J. I. C. — election, removal, &c. 

J. P. — ole'ttion, remjv.il, (Jcc. 

Place of election. 

A'^acancies. 

Ya-jancy C. C. O. 

llc;^istry of birtlis. 

i'aronts' ri(:;h:. 
. Penalty on Clerk. 
. Il"ijistrv Gvi'iC-ice. 

Defaulters not commissioned. 



39. Oath, 

40. Fail'are to apply for com. 

41. Vendue masters, &c. 

42. Acts of minor deputies. 
43 Notaries Pub] i ^ 

44. Names registered. 

45. County Treasurer. 
4o. iLeceive funds. 

47. Pav orders. 

48. 13ook. 

49. Annual exhibit to G. J. 

50. Academy .funds. 

51. Treasurer's compensation. 

52. Vacancy of Cl'k., ISh'if., &c. 

53. In cases ot tie. 

54. Power of Inf 'r. Court. 
o^. Election of Constable. 
5Q. Oath and bond. 

57. Vacancies. 

58. Appointment of Bailiffs. 

59. liestrictions. 

60. Bonds made valid. 

61. Appointment of Constables. 

62. Sickness or excess of business. 
03. Bond and oatli. 

64. Oaths administered by Surveyor. 
Cyo. Bond of Clerk as Treasurer. 

66. lieceipts bv. 

67. Election C. C. O. 

68. Bond, &c. 

69. Temj). Clerk and Sheriff. 

70. Term of oiiice. 

71. Examination of Sheriff s bonds. 

72. Surveyor's bond. 

73. llecord of Constable's bonds. 
' 74. Copies, evidence. 

' 75. Acts of Bailiff before bond. 
• 76. Sheriff, not to be Bailiff. 



* .Most of the duties of the County officers are so connected v/ith other titles as not 
to {.il'Ov.- them to be collected under this head. To these various titles, reference must 
be had. 

For fees of Couvity orricer?, see title " Fees." 

For Acts in relation to County funds and records, see that title. 

An to embezzlement of County funds by County officers, see "Penal Laws," sec. 141. 



198 COUNTY OFFICERS— 1799. 

Kemovals from otRce — Ooustable'K oath — Elections. 



An Act for the appohmnent of County Officers. — Approved Feb. 16, 

1799. Vol. 1.201. 

Sec. I. and II. [Repenled. See sec. 4, and amendment of the 
Constitution, Vol. 11. 5 15. J 
Sheriffs. \ g^^^ j;j;{_ Q.^ ^[i^ representation of two-thirds of the Justices 

How remov- t 

ed from of- of the Inferior Court, and of the County, or by sentence of im- 
peachment, his Excellency the Governor be and he is hereby author- 
ized to remove any of the aforesaid Sheriffs from oitlce ; and he 
shall and may remove from office any Coroner or County Surveyor, 
on like representation of two-thirds of the Justices of the Inferior 
Court and of the County ; the Governor shall and may also remove 
any of the aforesaid Clerks,* County Surveyors or Coroners from of- 
fice on conviction of the offender or offenders, for malpractice in 
office. 

Sec. IV. [Superseded.] 

[constable's oath.] 

Constable's 2. Sec. V. And shall also take the folio winp^ oath before a Jus- 
tice of the Inferior Court or Justice of the Peace : ''I do solemnly 
swear, or affirm, that I will duly and faithfully perform all the du- 
ties required of me a.s Constable of the County of accord- 

whdidarj's i"g to tlie best of my abilities and understanding." And where it 

to^be dratrn shall SO happen that no fit and proper person or persons offer them- 
selves as candidates, the said Court shall pass an order directing the 
Justices in any district, or one of them, to draw not exceeding two 
persons from such company, to serve as aforesaid, who shall be liable 

fus^ng'^t? to a fine of forty dollars, to be levied by order of the said Inferior 
Court, on refusal to act, or procure some other person to serve for 
him. [The balance of this section superseded.] 

Sec. VI. [Authorizing the appointment of Constables by the Jus- 
tices of the Peace, in certain cases re-enacted ; sees. 12, 6S, 61, 62.] 



serve. 



An Ad supplemeiitary to the foregoing. — Approved Dec. 4, 1799. 

Vol. I. 202. 

c!)unty"offi- ^- ^^^- ^^- ^^^ toure, all elections for County officers, to wit, the 
wrs to be by Clerks of the Superior and Inferior Courts, Sheriffs, <'Oroners,f and 
eens. County Survcyors, shall be by the citizens of the respective Coun- 

ties, who are entitled by law to vote at elections for representatives, 
or members of the Legislature of this State ; and shall be opened, 
conducted, and closed in the same manner, that elections are for 
members>of the Legislature of this State, 
yacancjes— 4. Sec. III. If a vacancy should take place in One of tiio afore- 
said offices, it shall be the duty of the Justices of the Inferior Court, 
or any two or more of them, to give notice in one or more of the 

* ** Of the respective Counties," in sec. 1. 

t As to the election, qualification and duties of Coroners, sec further, title "Judi- 
ciary," sec. 259. 



how filled. 



COUNTY OFFICERS— 1803-'7. 199 

Eiectioas — Sheriifs' bonds — Clerk's otiicc. 

public gazettes, or at the Court house, and three or more of the most 
public places in the County within which such vacancy may happen, 
twenty days previous to the election for filling up the said vacancy : 
and the person so chosen shall continue in office no longer than his continuanc» 
predecessor would have done.* And where any two or more can- '^n^S^es of 
didates for any County office shall have the highest and an equal num- pr^^f.^^'^har" 
ber of votes, the presiding Justices shall certify the same to his Excel- appoint, 
lency the Governor, who shall be, and he is hereby authorized to 
appoint one of the persons so having an equality of votes.f 

An Act to amend the Judicial Act. — Approved May 11, 1803. Yol. 

II. 112. 

Whereas^ doubts have arisen respecting the proper persons author- 
ized, or intended by law to take the bonds or obligations of the 
Sheriffs of this State : For remedy whereof, 

5. Sec. I. Be it enacted, ^'c. That every Judge of the Superi- 
or, or a majority of the Justices of the Inferior Courts, of tlie re- the superior 
spective Counties throughout this State, is and are, and by intend- o? tVeTnteri- 
ment of law,^ ought to have been taken, held, deemed, and consid- ['J^^'^JJI^'^' ** 
ered as competent in law, to take the bonds or obligations of Sheriffs, iff'^i'onds. 
and to qualify them as by law directed. J 



An. Ad to compel the Chrks to Iceei) tlicir ojjices at the Court hou^e of 
th'iir r aspect IV e, Coutities, or within one mile thereof. — Approved Dec. 
7, 1807.^ Vol. II. 404. 

Whereas^ great inconvenience has hitherto been experienced by 
the citizens of this State from the great distance at which many of 
the Clerks keep their offices from the Court house, many records and 
other papers being frequently necessary to the fair investigation of a 
cause in Court, that are lodged in the office, and their absence neces- 
sarily delaying justice, and sometimes utterly defeating it ; for rem- 
edy whereof, 

6. Sec. I. Be it enacted, 6^'c. That from and after the first day 



Clerkfl to 



of June next, it shall be the duty of the Clerks of the Superior and keep the*?r 
Inferior Courts, and the Clerks of the Court of Ordinary, to keep '^^H^^''^^ 
their offices, books, and papers, at the Court house of their respective [>*" ^^^ ^'f"'*- 
Counties, or within one mile thereof, except the Counties of Glynn, 
Eifiugham, Bryan, and BuUoch, and except the County of wilkin- ^"'^^p^'""' 
son, until the public buildings be made permanent. 

*See sec. 8. 

fllepealed as to Sheriffs and Clerks, Tax Collectors and Receivers, by Act of 1826. 
See sec. 52 ; See also, Act of 1842, sec. ('9 of this title, authorizing the Judge of the Su- 
perior Court to appoint them in certain cases. 

:{:See Act of 1815, makia:^ it the daty of the Jul-^os of the Superior Court to inspect 
the Sheriifs' bonds and have them roc;DrdeI, sec. 71. • 

§ A large number of Counties have been exempted totally or partially from the ope- 
ration of this Act. See local Acts. 

(1) T3ond approved by two Justices, not good as a statutory bond. 6 Ga. 552. Nee* not be 
atteaicd by ihiee, d Ga. 



200 COUNTY OFFICERS— 1809-' 10. 

Officers (I'l inter ii7, — Elecrion of Tax Ilecclver and Collector. 

Penalty for 7. Sec. II. Each aiid every of the said Clerks, except as before 
tiiisAct. excepted, shall forfeit and pay tlie sum of ^30 for every montli 
they, or either of them, shall fail to comply with the requisitions of 
this Act, to be recovered in tlie Superior Court, on motion of the 
Attorney or Solicitor General, by attachm.ent as for contempt, and to 
be considered as a part of the Comity fnnds. 



An Act to autJiorize the Clerics of the Siipe?'ior aiid Inferior Covrts, 
Clerics of the Courts of Ordinary, Sheriffs, Coroners, and Sur- 
veyors,^ to hold their offices during the intervention bettvcfm the 
election and commissioning of their successors, and to regulate the 
transfer of papers cuid moneys. — Approved Dec. 13, 1809. Vol. 
II. 541. 

Whereas, considerable evils may result from the suspension of du- 
ties incumbent upon the Clerks of the Superior and Inferior Courts, 
Clerks of the Courts of Ordinary, Sheriifs, Coroners, and County 
Surveyors : for remedy whereof, 
County offi- 8. Sec. I. Be it enacted, i^*c. That the aforesaid ofhcers shall 
Giate ad in- porform all the duties of their respective oiffices during the time in- 
teri.Hu tervening between the election and commissioning of their succes- 
sors, with all the responsibilities to which they were liable, previous 
to the said election.^ 

Sec. II. and III. [Repealed. For Sees. IV. and VI. see Coun- 
ty funds and records, sec. I.] 
Shall app'.y 9. Sec. V. It sliall be the duty of the officers elected, as afore- 
(^mmissions Said, to make application to the Executive for their respective com- 
J^ays.'" missions, within twenty days after their having been elected- to either 
of the said offices, f 



on. 



An Act' to point ont the mode of electing a Receiver of returns of tax- 
ahlc property and. Tax Collector for the several Counties of this 
,S'/«rp.— Approved Dec. 15, 1810. Vol. II. 663. 

McKieof 10. Sec. I. On the first Monday in January annually, the elec- 

reciirer?" tors iu tlic scvcral Couiitios in this State, entitled to vote at the gen- 
and collect- ^^^^ elcctious, be, and they are hereby authorized and required to 
elect by ballot at the Court houses of the respective Counties, a Re- 
ceiver of returns of taxable property, and Tax Ccllector for each 
County in this State, which said election shall be held under the di- 
rection of three Justices of the Peace, who shall transmit all returns 
of said elections to the Governor for the time being, in twenty days, 
who shall commission such person or persons so elected. J 

*For the duties of County Surveyors, see title " Land." 

fSee Act of 1811, sec. 15, and Act of 1823, sec. 40 ; see also Act of 1826, as to filling 
vacancies in certain cases. 

j Justices of Inlerior Court not to be Collectors or Receivers, see "Tax," sec. 47. On 
failure to elect, Justices of Liferior Court may appoint, see " Tax," 114. 
• ♦ 

(I-) The new officers cannot enter on their duties until commissioned. 8 Ga. 368. 



COUNTY OFFICERS— 1811. 201 

Elections of C. C. O. — Appointment of Constables — Elections — Jailer's bond and oath. 

A?i Act for the election of the Cleric or other person imvhom the care 
of the records and other proceedings of the Ccnrt of Ordinary 
is vested. — Approved Dec. 13, 1811. Vol. III. 137. 

11. The Justices of the Inferior Court in the several Counties ^pp^''"J"i\ 
throughout this State, at the usual place of holding their Courts on t^f ordinary. 
the first Monday in January, in the year 1813, and on the first Mon- 
day in January in every second year thereafter,*' shall proceed by 
ballot to the choice of Clerks of the Courts of Ordinary, who shall 
hold their oifice for and durina: the term of two years, unless sooner T«"" "^ "f- 
removed lor malpractice in ortice, and until a successor is m manner 
aforesaid elected. Audit is hereby provided^ that the Clerk in man- Re-eiigibic. 
ner aforesaid elected^ shall be eligible to re-election. 



Act of Dec. 14, ISll.f Vol. III. 368. 

12. Sec. XXVI. The Justice or Justices in any district having in what cas- 
no Constable, is, or are hereby authorized and emj^owered to appoint cL may"lfll 
not exceeding two fit and proper persons within the said district, to itabie? ^''"" 
whom they shall administer the oath of office, wlio shall give bond 

and security as pointed out by law. And the person or persons so 
appointed shall continue in office until the next Inferior Court, and 
until a successor is duly appointed and qualified.J 

An Act to alter the time of lieldin^ the Elcclions of Coiuiiii Officers in 
this Slate, S^c. — Approved Dec. 16, 1811. Vol. IIL 138. 

13. Sec. I. The elections for Sheriffs, Clerks of the S nperior ^•e'^t'on^ ff"* 

1 r r • ^ i J. r^ ^ a ^ A r \ • County offi- 

and inierior Courts, County bnrveyors, and Coroners oi the respective cers to be on 
Counties within this State, shall be held on the first Monday in Jan- Monday in 
uary, 1814, and on the first Monday i;} .January every second year JilSy.'''' 
thereafter, in each and every of the said Counties respectively. 



An Act to regulate the appointment of Jailers, and to alter and explain 
another Act, [See Judiciary. 171.] — Aoproved Dec. 16, 1811. 
Vol. III. 140. 

14. Sec. I. In future all Sheriffs, on appointing a keeper of the Jaii^r? shaii 
jail, to [shall] rev'piire sufficient security of him or them ; and such ^'^'^^'''''''''^^' 
person appointed shall, before he enters on the duties of his or their 
office, take and subscribe th>' following oath before some one of the 

*See also Act of 1839, sec. 67, for provision in case of failure to elect on that day. 
For the Act rciuiring Clerks of Courts of Ordinary to keep a iile of ne-ws^japers con- 
tainin;; le<^al notices, see " Executors," &'c. sec. 16. ' 

tFor title and remaining sections, see " Justices of the Peace," &c. 

JBut see Acts of 1834 and 1838, sec. 58-81 of this title. 

[1.] "Where a new Court had been elected, but not qualified, the election of Clerk by the 
old Court was legal and yalid. 7 Ga. Rep. 473 

22 



202 COUNTY OFFICERS— 1811-'13. 

Time for qtialiiication — llule. 

Jailer's oati). Justices of the Iiifcrior Court of said County ; to wit : " I, A B, do 
solemnly swear or affirm (as the case may be,) that I will well and 
t'uly do and perform all and singular the duties of Jailer for the Coun- 
ty of ; and that I will humanely treat all criminals who may 

he brought to jail, of which I am the keeper, and not suifer them to 
escape by any negligence or inattention of* mine : So help me God."* 
[For the other section, see Judiciary, sec. 176.] 

An Act to compel the [officers named in the Ac^^^ to take the oath, and 
give the security required bi/ laiu^ ivifhin the lime therein specified, — - 
Approved Dec. 16, 1811. Vol. III. 141. 

Whereas, by the laws now in force in this State, some inconveni- 
ence lias, and may again happen with respect to the time which ought 
to be given to the Clerks elect, [and other officers named in the Act,] 
to qualify ; for remedy whereof, 
roiinfy offi- 15. Sfx. I. Be it enacted, t^c. That from and immediately after 
'luSify^n the ])assing of this Act, the said Clerk of the Superior and Inferior 
en days. Coarts, Sheriffs, County Surveyors, Coroners, Collectors, and Receiv- 
ers of tax returns, shall be bound in ten day. s after they are notified 
of the arrival of their commission, to take the oath, and give the se- 
curity required by law.f ^ 

Sec. II. [Superseded by Act of 1823. See sec. 37 of this title.] 

An Act to amend and repeal the 2d and 3d sections of an Act, [for 
title see sec. 18.] — Approved Dec. 6, 1813. Vol. III. 149. 

Secs. I. and II. [See County Funds and Records, sec. 3.] 
Sheriffs, cor- 16. Sec. III. AU Sheriffs, Coroners, and Clerks of any of the 
clerks, shall Courts of this State, shall at any and all times be subject to the order 
The^order^? and rulc of Said Courts, after they have retired from their respective 
ter they'^ar*/ ^fficcs, iu such cases and in like manner as they would have been 
out of office, [jad they remained in office. 

An Art to legalize and malce valid the acts and proceedings of Sheriffs 
and Clerks in this State in certain cases therein expressed. — Ap- 
proved Dec. 6, 1813. Vol. III. 145. 

. Whereas, the XLVIth section of the Judiciary law of this State, 
passed in the year 1799, requires that before any Sheriff shall enter 
upon the duties of his appointment, and being commissioned by the 
Governor, he shall be bound for the faithful performance of his duty 
by himself and deputies before any of the said Judges, to the Gov- 
ernor of the State for the time being, and to his successors in office, 
jointly and severally, with two good and suffi-cient securities, inhabi- 

*For Act in reference to melical attendance, &o. to prisoners, see "Penal Laws/' 
sec. 395. 

tSee Act of 1823, sec. 40 of this title. 

[1.] A bond voluntarily given after the time expires, is good as a Common Law bond. 1 
Kelly, 574. 



COUNTY OFFICERS— 1813-'l5. 203 

Certain sicts of Slieriffs and Clerks made valid — Bond of C. C. O. 

tants and free-holders of the County, to be approved of by the Jus- 
tices of the iiiferior Court, or any tlu-ee of them, in the sum of twen- 
t)" thousand dollars. Arid whereas, a custom has heretofore prevail- 
ed with the Executive department of this State in issuing the dedrmus 
jpntcsfdtein to qualify the Sheriif, to direct the same only to two or 
more Justices of the Inferior Courts of the several Counties, in con- 
sequence of which the bond in many cases given by the Sheriffs and 
their securities do not appear to have been attested by, or approved 
by vaore than two Justices of the Inferior Courts : and as doubts and 
ditiiculties may, and probably will at some future day, arise respect- 
ing the legality of the acts and proceedings of Sheriffs, when their 
borids do not appear to have been approved by more than two Jus- 
tices as aforesaid, and the proceedhigs of the Courts in the several 
Counties may be called into question ; for remedy whereof, 

17. Sec. I. Be 7 1 enacted,' ^yc. That in all cases where persons certain in- 
havo been elected Sheriffs in the several Counties in this State, and fn™heritr% 
have been commissioned by the Governor, taken the oath of ofRce, ^j'^J^is cured 
and have given bond and security vv^hich has been approved by any i^j^^^ '^'"'j?' 
one or more of the Justices of the Inferior Courts in the County invalid.' 
which sucii person shall have been elected and commissioned, and 
the person so commissioned and qualified has acted as Sheriff, that 
theii and in that case, all official acts done and performed by him or 
his deputies, and all judicial proceedings in the Courts in the several 
Counties during tlie time such person acted as Sheriff shall be taken, 
held, and deemed as legal and valid as if the aforesaid Act of 1799 
had been iully complied with in takhig the bond and otherwise quali- 
fying the Sheriffs aforesaid; any law, usage, or custom to the con- 
trary notwithstanding.* 

And whereas, some doubts exist with regard to the legality of the 
official acts of the several Clerks and Sheriffs of the different Coun- 
ties m this State, which liave been transacted since the 18th day of 
Dctober last : 

IS. Sec. II. Be it therefore enacted, That all official acts of an v ^'^^"^f^^®"'- 

iffV( and 

and all Sheriffs and Clerks in tliis State since the aforesaid 18th day cierks trom 
of October last, shall be deemed, held, and considered as legal and ,?miMiii^r^' 
'/alid inlaw, as if such doubts had not, or did not exist; and they ^,p,'Jf'q,';"i. 
jhall continue to act in their several official capacities until their sue- ^^4' '^^"^^ 

lessors are elected, commissioned and qualified.* 



i.n Act to comrpel tJte C'erl(s of {he Courts 0/ Ordinary to give Bond 
and l^ecarity for the faitJtfal performance of tJteir duty. — Ap- 
proved Dec. S, 1815. Yol. III. 150. 

19. Sec. I. From and after the 1st day of January next, it shall cierks of th« 

Ooiirt 01 Or* 

lot be lawful for any Clerk of the Court of Ordinary to exercise the dinary shau 

luty of that office until they shall have respectively given bond and fmrsecurity 

iiiicierit security to tiie Justices of the Inferior Courts of each Coun- *"^2'^^^' 

*Sec " Evidence," sec, 13. • • ■ 



204 COUNTY OFFICERS— 1815-' 16. 

Constables' bonds — Oliicial oatlis. 

ty respectively, made payable to his Excellency the Governor, for 
the time being, and his successors i^i office, in the sum of $2,000, 
for the faithful performance of their duty respectively. 
Two or 20. Sec. II. It shall be the duty of the Justices of the Inferior 

jJiSk^es^of Courts of each County in this State respectively, or any two or more 
cotmto'take ^^ them, to take such bond and security, according to the provisions 
such bond, of the foresfoin;^: section, conditioned well and truly to perform the 

The condi- ^ o ^ j r 

tion thereof, dutlcs required ot them by law. 

Recoverable 21. Sec. III. Tlic Said bouds, SO takcu as aforesaid, shall be 
orouier"^^ liable to suit and recovery in the same way, and under the same pro- 
cierks. visious and restrictions as are pointed out by law, for recovery ui)on 

bonds given by Clerks of the Superior and Inferior Courts for the 

performance of their duty as Clerks. 



All Act to amend the Vth Section of an Act for the appointnieut of 
County Otflccrs. [See sec. I. of this title.] — Approved Dec. 13, 
1816. Vol. III. 152. 

Whereas, the said Vth section of the Act aforesaid, points out the 
mode of appointing Constables for the several Counties in this St'tte^ 
and directs the manner of their giving bonds, but points oat no in'jde 
by which the bonds can be sued, in case of the neglect of diitv in 
said Constables — for remedy whereof : 
Constables' 22. Bc it cnactcd, ^c. That all (constables hereafter appointed, 
ukenr^"*^ shall, before they enter upon the duties of their appointmeMts, take 
the oath prescribed by the s?ad Vth section of the Act abov^e recited, 
before any Justice of the Inferior Court or Justice of the Pea,ce ; and 
those Constables resident in the Cities of Augusta and Saraniiah, 
shah give bond vv^ith two or more good and suificient securities, in 
the sum of $400,* to the Justices of the Inierior Court of tlie Coun- 
ties of Richmond and Chatham, conditioned for the true and faithful 
discharge of the duties of tlieir office ; and all other Constables shall 
give bond in the sum of .$200,* for the faithful discharge of the duties 
of their office, payable to tlie Justices of the Inferior Courts cf ihe 
respective Counties^ which bond, or bonds so given, shall he deposit- 
ed in the Clerk's office of the Inferior Courts of the respective Coun- 
ties m. this State,! and be taken by or before any Justice of the 
and sued on. Peace, and may be sued hj order of the Inferior Court, upon the ap- 
plication of any person or persons who shall m.-ike it satisfactor3l yap- 
pear that they have been injnred by the misconduct or neglect of 
duty in said Constable ; Vv^hich suit shall be brought in the Superior 
Courts, for the use of the [serson or persons so injured — -any law to 
the contrary notwithstanding. 



An Act to legalize the proceedings of the Superior and Inferior 
Courts of the respective Counties of this State, a?id to render valid 

*But see Act 19th Dec. 1818, sec. 28. Also Act of 1829, sec. 53. 
fAud recorJed, sec. 73. See Act of 1850, as to certificate, sec. 74. 



COUNTY OFFICERS— 1816. 205 

Official oaths — Vendue masters, ,&c. 

tlie acts of the public ojicers of the same. — Approved Dec. 18, 
1816. Yoi. IIL'154 

23. Sec. I. The judicial proceedings of the Superior and Iiife- Not having 
rior Courts of the several Counties in this State, as well as the acts J:!^fi^"J*j^,Q 
of the Sheritis, Clerks, and other public ofiicers of tlie said several *'«"f'^^'f'"» 

' , ' ^ , not to inval- 

Courts, shall be and they are hereby declared to be efficient, legal, valid, i.'iate any ot- 
and binding ; notwithstanding any Judge of the said Superior Courts, iitretoiore. 
Justice or Justices of the Inferior Courts, vSheriff or Sheriffs, Clerk or 
Clerks of any of the said several Counties, hath or have not taken 
and subscribed the oath directed to be taken and subscribed in the 
Act, entitled an Act to compel all ollicers, civil and military, within 
this State, to take and subscribe an oath to support the Constitution 
thereof, passed 16th day of February, 1799. 

24. Sec. II. This Act shall extend to, and have the elfect of ^, . 

IT- 1 1- 1-11 T 1 n • -I ^*"^ omis- 

legaiizmg and rendermg valid all past proceednigs and acts oi saia ?ion h not 
Courts and officers, as well as all otiier proceedings and acts of said:my"yfViu'ir^ 
Courts and olhcers, which may take place, and be had, from and af- ''''^''^'" ^'^^^^ 
t3r the passing of this Act. 

25. Sec. I [I. All oilicers, civil and military, in this State, shall ^^"^'' to sup. 

- , Hurt tlie coil- 

take an oath to support the Constitution of this State, and of -^titution to 
the United States ; and the form of said oath, so to be taken andaTi !'ffic?r.s,'^ 
subscribed, shall be forvv^arded with the dcdimus to qualify the said miutaryl 
officer, or be taken and subscribed at the time of receiving said com- 
mission. 

Sec. IV. [Repeals the former Act on this subject. Vol. I. 377.] 



An Act to vest the appoi7itme7it of Comrmssionej^s of Acade7nieSj 
Vendue Masters^ Notaries Public^ and Lnmber Measurers^ in 
ccriahi Vitrsons therein 'niGiitloiicd. — Approved Dec. 18, 1816. Yoi. 
III. 1072. 

Whereas^ the present mode of appointing the aforesaid officers is 
very inconvenient, and occasions an unnecessary consumption of the 
time of the Legislature ; 

26. Be it enacted^ ^"c. That from and after the passing of this Act, C( 
the appointment of commissioners of academies in this State, shall be academieL 
and is hereby vested in the commissioners of the respective acade- 
mies ; the appointment of vendue masters, notaries public, and lum- vendue 
ber measurers, shail be and is hereby vested in the commissioners of nliadespub- 
the respective incorporated towns, or the persons in said towns in bS incasJJ'"" 
whom the corporate powers are vested ; and where there is no cor- Jo il-aJJ^*^^*'" 
poration or connnissionors, the appointment of the said vendue mas- pointed, 
ters, notaries public, and lumber measurers, shall be made by the In- 
ferior Courts of the respective Counties, whenever such officers are 
deemed necessary and authorized by law.'* 

Sec. II. [Superseded by Act of 1823, sec. 41.] 

♦See Acts of 1823 and 1824, sees. 41, 43 of tins title. By the latter the appointment 
of notaries public is exclusively in the Inferior Court. 

See title " Auctions," for laws regulating vciiiue niastcr:-!. 



;ommis 



206 COUNTY OFFICERS~1817-'19. 

Deputy Clerky — iJaiiilts' bonds — Eie .-Cioii oi Jviistices iuf. Coart. 



An Act to allow Clerks to appoint Deputies. — Approved Dec. 19, 

1817. Vol. III. 159. 

Whereas, considerable incoiiveiiieuce arises to the good citizens 
of this State, in coLisequence of the non-appointment of deputies by 
the Clerks of the Superior, Inferior, and Corporation Courts, and the 
Courts of Ordinary of this State ; for remedy whereof, 
Clerks may, 27. Be it enacted, 6fc. That immediately from and after the pass- 
appotnTdip- ^^^S of this Act, tlic Said Clerks shall be allowed to appoint a deputy 
utios. ^^ deputies, in the same manner and under the same rules and regu- 

lations as deputies of Sheriffs are now by law appointed, who may 
contiime in office during the term of his or their said principal or 
WTiosepow- principals, unless specially removed : Provided ahoays, that in case 
cea.^e'lvith of tlic death, resignation, or disability of the said principal Clerk or 
prSdpail'^ Clerks, the power and authority of the said deputy or deputies shall 
cease and determine : And that the said several principal Clerks shall, 
in all cases, be responsible for the acts of each and every of their 
said deputies and agents.* 



An Act to extend tlie poiver of Sheriff's afid Constables in certain 
,, ca.ve.?.— Approved bee. 19, 1818. Yol. III. 1(32. 

Sec. I. [See "Judiciary," sec. 87.] 

Sec. II. [Justices of the Peace, sec. 32.] 
The amount 28. Sec. III. Eacli aud cvcry Constable shall give bond with ' 
*banX*"in^^''^' two or morc securities, to be judged of by tiie Justices of the Peace 
um-n and {q thclr rcspective districts, in the sum of $500. (unless said district 

country. J ' . ^ ' ^ ^ . ^ 

be in atovv^n, and in that case $1,000) for the faithful periormance of 
the duties of their office of Constable. 



An Act to carry into effect the 'ith and 5th sectioiis of the 3d article 
of the Constitation of tlie State of Georgia. — Approved Dec. 21, 
1819. Vol. III. 393. 

Justices of '^9. Sec. I. There shall be five Justices of the Inferior Court in 
the Inferior g^^-^j ^^^ each Couutv iu this State, who shall be elected on the 3d 

Court elect- _ •' ' 

ivebyiiie Tucsdav iu Octobcr. in the year of our Lord, 1821, who shall be com- 

peoplc every . . •' ., i i i i ? • • ,»• -i i i t ,t i 

four years, missioneu, aud hold tneir respective ollices until the 1st Monday in 
January, in the year of our liOrd,. 1825, and until their successors 
shall be elected and qualified ; on which said first Monday in Jan- 
uary, 1825, the Justices of the Inferior Courts shall be again elected, 
and from thence on the first Monday in January in every fourth year 
thereafter, bytlie electors entitled to vote for members of the General 
Assembly ; vvrhich elections shall be lield and conducted in the same 

*As to acts of Kiinor deputies, Ree Act of 1821, sec. 42 of tiiis title. iSee also " Evi- 
dence," 4 to 7, as to deeds recorded by deputies. 

(1.) A bund with one sscurity good as a yoiuutary bond, 5 Ga. Rep. qvd. 



COUNTY OFFICERS— 1819. 207 

Election of Justices of the Peace — Term of ollice. 

manner as pointed out by law for the election of Clerks and Sheriffs ; 
and the persons so elected shall be commissioned by the Governor, 
and continue in office for the term of four years, and until their suc- 
cessors are elected and qualified, unless removed by impeachment for iiowremov 
malpractice in office, or by the Governor on the address of two-thirds ''^^^'^' 
of both branches of the General Assembly ; and when any vacancy varancie>« 
shall happen, by death, resignation, or otherwise, of any of the Jus- s-unemauV* 
tices of the Inferior Court, it shall be the duty of two or more of the "^''" 
Justices of the Inferior Court, or Justices of the Peace, of the Coun- 
ty in which such vacancy or vacancies shall happen, to give at least 
twenty days' notice, by advertisement at three or more public places 
in such County, previous to the election, to fill such vacancy or va- 
cancies ; which election shall be held and conducted in the same 
manner as by this Act expressed. 

30. Sec. II. There shall be two Justices of the Peace in each J'ls^tices of 
Captain's district m the several Counties of this State, who shall be^haiibe 
elected on the first Saturday in January, 1821, and on the first Satur- u,r\^)'jers of 
day in January every fourth year thereafter, by tlie citizens of the dis- ^''^ <^»=*^"ci. 
trict to which they respectively belong, entitled to vote for members of 
the General Assembly; Avhich elections shall be superintended by pf'f^^'^^— 
three freeholders o-f the district, whose duty it shall be to take the undcd. 
following oath, to be administered by the Captain or commanding 
officer of said district, or any Magistrate of the County, (to wit:) 
'' I, A B, do solemnly sw^ear, that 1 will, to the best of my abilities, 
superintend the election of Justices of the Peace for this district : So 
help me God." And said freeholders shall transmit a return of said 
election, within twenty days, to his Excellency the Governor, who 
is hereby authorized to commission the person or persons so elected 
accordingly;^ and the said Justices of the Peace shall hold their ap- 'J'^'''" ''*" f'^- 
pointments during the term of four years, and until their successors 
are elected and qualified, unless they shall be removed ])y conviction how rcmo* 
on indictment in the Supeiior Court for malpractice in office, or for "^ 
any felonious or infamous crime, or by the Governor on the address 
of two-thirds of each branch of the General Assembly ; anfl when 
any vacancy or vacancies shall happen, by death, resignation, or vafcmcieB 
otherwise, of any Justice or Justices of tlie Peace, it shall be the duty ^lecuo^u 
of one Justice of the Peace, and two freeholders, which said free- 
holders, previous to holding said election, shall take the oath above 
prescribed, to advertise in three of the most public places in the dis- 
trict where such vacancy or vacancies may hap|)en, the time of hold- 
ing an election for the purpose of filling such vacancy or vacan- 
cies, and give at least fifteen days' notice of the time and place when 
such election shall be held ; and it shall be liie duty of the said Jus- 
tice and freeholders to superintend such election, and certify tlie same 
under their hands to his Excellency the Governor, who shall, within 
ten days after receiving the same, commission the person or persons 
having the higliest number of votes : Provided the election is not ri-oviso 
contested. 

[l.J A certified copy from the records of Execative offi(;e is the best evidence as to the fact 
of a Justice of the Peace not being in office during a particular time. 5 Ga. Rep. 6. 



"i^Vf^-^'^'^^it shall and may be lawful, and it is hereby made the duty 

of Oidmary, •' ^ . ^^ ■ . . ^ "^ 

how liiied. Justices 01 the inienor Courts, or a maionty of tnem, m the ' 



208 COUNTY OFFICERS— 1820-'23. 

Vacancy C. C. O.— Registry of births. 

Where eiec- 31. Sec. IIL All olectious for Justices of the Inferior Court shall 
idnd shaTJue be lioldeu at the place of holding the Superior Courts in the respec- 
heid. ^-^g Counties ; and all elections for Justices of the Peace shall be 

holden at the usual place of holding the Justice's Courts in the re- 
spective company districts. 
Vacancies 32. Sec. IY. Where any person or persons shall be elected to 
until the Jnd fill the vacaiicy of any Justice of the Inferior Court, or Justice of the 
of the term, p^^^^g^ ^|,q persou SO clccted aud commissioned shall continue in of- 
fice only for the time for which their predecessors were elected. 



Act of Dec. 22d, 1820.* Vol IY. 204. 

Vacancies 33. Sec. II. When any vacancy shall happen in the office of 
1" the cSrk Gleik of the (vourt of Ordinary, by death^ resignation, or otherwise,! 

of the 
majority ol them, m the County 
where such vacancy may happen., to proceed without delay to ap- 
point some fit and proper person to fill such vacancy, administer to 
the person so appointed the same oaths, and take like bond and se- 
curity as heretofore required by law of the Clerks of the Courts of 
Ordinary of this State, and transmit the same to his E^icellency the 
Governor ; and the person so appointed shall be deemed, held, and 
considered as duly qualified to discharge all the duties required of 
the Clerk of the Court of Ordinary of the County for which he may 
be appointed, and shall be entitled to the same fees, and be subject 
to the same pains and penalties for misconduct in office, as if such 
(Continuance pcrsou had bceu duly elected and commissioned by his Excellency the 
inomcc Governor, -and continue in office for and during the term for which 
his predecessor v/as elected, and until a successor shall be duly elect- 
ed, commissioned and qualified. 

[For the rem?dnder of this Act, see '^ Executors, Administrators, 
&,c." sec. 98.] 

An Act to establish an office for recording the Births of the citizens 
of this iState^in each County of the said State. — Approved Dec. 
19, 1823. Vol. IY. 113. 

Whereas^ much inconvenience has been experienced in this State 
from the diiiiculty of obtaining testimony of the ages of persons in- 
terested in questions of rights before our Courts ; andu ichercas, em- 
barrassing difficulties fi-equently impede the correct administration of 
justice on this subject ; for remedy whereof, 
Birtiis toj.e 34. Be it e/iacfcil, That from and immediately after the passing 
of this Act, it shall be the duty of the Clerks of the Courts of Ordi- 
nary, in each County respectively, to enter and register in a book, to 
be kept for that purpose, the names of all persons who may report 
themselves to him, or who may be reported by their parents or guard- 

*Por title, see "Executors, Administrators, &c. sec. 98, 

tWi- e.. liaij Lcc 1 a laliuro t3 elc:'fc, see Act o ' 1S33, se?. C7 of tlii^ title. 



resiitcred. 



COUNTY OFFICERS— 1823. 209 

Uciaulters ineligible — Fori'eiture of commission. 

ians. as well as all those who may be hereafter born within the said 
County, and who may be reported as aforesaid, upon due proof being 
made by aiiidavit or oath to the said Clerk of the said birth ; and 
that the said Clerk shall be entitled to take and receive for each regis- cierk's fee. 
try which he shall be called on to make, the sum of twenty-five 
cents. 

35. Sec. II. The parents or aruardians of children now in life, or ^'s^t of the 

1 II - 1 T • I /--.I 1 ^ parent, guar- 

who may be hereaiter born, may, upon application to the Clerk oi(iian,&c. 
the Court of Ordinary aforesaid, and upon payment of the aforesaid 
sum to the said Clerk, require him to enter the name of the said child, 
with the time and place of his or her birth. 

36. Sec. III. The said Clerk shall forfeit and pay the sum of $5 penalty 
five dollars for each and every refusal to enter the said births as afore- for refusal, 
said, upon such application as aforesaid being made. 

37. Sec. IY. The said entry so as aforesaid made, shall be re-such»gis- 
ceived and held as evidence of the birth and age of such person or in any court 
persons as it purports to represent, in any Court of Law or Equity j^ ^" ^^''^ ^^'^^«- 
this State, by the production either of the original book of entry, or 

of the certiiicate of the same, under the hand and seal of the said 
Clerk ; and for which certificate the said Clerk shall receive twenty- 
five cents. 



An Act to carry into effect the sixth section of the fourth article of the 
Co7islitution. — Approved 20th Dec. 1823. Vol. IY. 296. 

38. No Collector, Sheriff, Coroner, Clerk of the Superior Court, no holder of 
Clerk of the Inferior Court, or an]^ other person who is or may be a eyj'to 1,^""' 
holder of public moneys, and elected to any office, shall be commis- X'o ar'^ot^ 
sioned by the Governor, or be qualified by any Judge, Justice of the ii<e wiiue in 
Inferior Court, or Justice of the Peace, until he shall produce to his ~ 
Excellency the Governor, and also the Judge or Justice of the In- 
ferior Court, or Justice of the Peace before whom he appears to be 
qualified, a certificate from the Treasurer of the State, countersigned 

by the Comptroller General, certifying that he has accounted for and 
paid into the Treasury all sums for which he is accountable and 
liable ; which certificate shall in each and every case accompany the 
dcd'.mas j^otcslafem. 

And whereas, various persons are holders of public moneys, where 
no evidence exists in the Treasurer's or Comptroller's office of such 
fact ; 

39. Sec II. In addition to the oath of office, the person elect oath on tWs 
shall svv^ear that he is not the holder of any public moneys unac- ^°^"^* 
counted for. 

40. Sec III. All Collectors and other officers hereafter elected Persons not^ 
shall apply for and obtain their commissions and certificates, and connnissiona 
qualify, within the time and in the manner heretofore pointed out fiST, and ^n- 
by law,* or their offices shall be considered as vacant, and shall be Se vacaney. 



♦See sees. 9 and 15, of this title. 

27 



^10 COUNTY OFFICERS— 1823-'24. 

Notaries Public, &c. — Minor Deputy Clerks. 



filled in such manner as is now prescribed by law ; and the person 
who has failed to obtain his commission and certificate aforesaid^ 
within the time prescribed by law, shall not be considered as entitled 
to be a candidate for the office ; Provided^ that this Act shall not be 
construed to affect the election of any Collector who may be in ar- 
rears for the amount of his insolvent list only, and who have not had 
an opportunity of having such list allowed from the failure of any 
Court. 



An Act to amend (ind explain an Act eniitlcd ini Act to vest the ctppohit- 
ment of Commisssoners of Academits, Vendue Masters, Notaries 
Public^ and Lumber Measurers^ in certain persons therein mentioned ^ 
passed the ISth Dec. IS 16.— Approved Dec. 22d, 1823. Vol. lY. 
14. 

County and 41. From aud after the passins of this Act, the Inferior Courts, 

Town au- . , . . ^ ° . , ' . , . , 

tiioritics to corporations, and commissioners, respectively, as mentioned m the 
j"iimment3 abovc rccitcd Act, shall have the exclusive power of appointing any 
cauciel]. ^* number of the oflicers therein mentioned,^ that they may deem ex- 
pedient in their respective Counties and Towns, where the number is 
not defined or limited by law. And also the exclusive power of 
filling ail vacancies which may occur among such of said officers 
whose numbers are limited by law. 

Sec. II. [Repeals all repugnant Acts, and confirms appointments 
subsequently made by the Legislature.] 



An Act to legalize the arts of deputy Clerks of the Superior arid In- 
ferior Courts aiid Courts of Ordinary^ under the age of tv^enty- 
one years. — Approved 20th Dec. 1824. Vol. IV. 113. 

Arts of mi- 42. Frcm and immediately after the passage of this Act, all the 

ra^iieXHr ^cts heretofore done by the deputy Clerks of the Superior, Inferior, 

and Courts of Ordinar)^ in this State, under the age of twenty-one 

years, be, and the same are iiereby made as legal and valid as if such 

deputy Clerks, at the date of such acts, had been twenty-one years 

Principals of age ; Provided, that nothing herein contained shall be construed 

not exempt ^^ exeiupt tlic principal Clerks from any liability their deputies may 

liave incurred. 



An Act to vest in the Inferior Courts of the several Counties of this 
State the exclusive right to appoint Notaries Public for their re- 
spective Covnties. — Approved 20th Dec. 1824. Vol. IV. 214. 

inf'r Courts 43. Frcm and immediately after tlie passing of this Act, the Jus- 
'p^weE^irtTt/ tices of the Inferior Courts of this State shall have the sole and ex- 

pointing no 
taries public 

*See Act of 1821, as to Notaries 1-ublic, sec. 43 ; see also Act of 1816, sec. 26. As to 
their administering oaths, see " Conveyances," sec. 71. 



COUNTY OFFICERS— 1824-'2o. 211 

County Trecirsurcr — Duties of (Joanty Treasurer. 

elusive right to appoint Notaries Public for their respective Counties, 
and to qualify the person or persons so appointed, by administering 
to him or them the oath prescribed by law, as heretofore administer- 
ed to Notaries Public. 

44. Sec. II. It shall be the duty of the Clerks of the Inferior 'f^hoimamos 
Courts of the several Counties of this State, to keep a register of the fered. "^"^ 
iMimes of persons appointed Notaries Public by virtue of tliis Act, in 
their respective Counties ; and said Clerks shall be entitled to have 
and receive from the person so appointed, as a compensation for the 
service so rendered, the sum of two dollars. 

Sec. III. All laws and parts of lav^^s militating against this Act Repc;Umg 
are hereby repealed. clause 



An Act to appoint County Treasurers and define their duties. — Ap- 
proved 24th Dec. 1825. Vol. lY. 131. 

45. The Justices of the Inferior Court in the several Comities in a treasurer 
this State, may, on tlie first Monday in January next, and biennially Sun, 'y\o Be- 
on the lirst Monday in Jamiary, or as soon thereafter as convenient, ^^v^"'^*^^ 
appoint some fit a'ld ])roper person other than the Clerk of the Infe- 
rior Court,* as Couijty Treasurer, v/ho shall, before he enters upon 

the duties of his oiiice, give bond vv^ith security to the Justices of the To give bond 
Inferior Court for the faithfnl discharge of his duty, in such sum as'^" ''°''""*^' 
they shall prescribe, not less than double the amount of funds in 
hand and the annual revenue of the said Conaty, and shall, moreover, 
take an oath well and truly to discharge the duties of his said office. 

46. Sec. K. It shall be tlie duty of Tax Collectors, vSheriffs, ah nmroy? 
Clerks of the Superior and Inferior Courts, Justices of the Peace, any''Srr.iJ^ 
Coroners, and all and every other person or persons who may have, overtChlL 
or hereafter shall have, in his or their hands, any money belonging 

to the said County, to pay the same over to the said County Treasurer! 
on or before the loth day of December in each and every year, and 
on failure thereof to pay twenty per cent, interest on all sums <^n fai''ir9 
which they, on final settlement, may be in arrears for, who shall give prJ'oLt. in- 
a certificate of the same, directed to the Clerk of tlie Inferior Court, ^^"'''^' 
who shall receive the same and receipt therefor, and shall enter the 
amount of the said certificate in a book to be l^ept for that purpose, 
together v/ith the name oi the person in whose favor it is given, and 
shall keep the same on file in his ofiice. 

Sec. III. [See Taverns and Retailers, sec. 6.] 



I'eit. 



47. Sec. IY. It shall be the duty of the County Treasurer to ^^^ ^!^"" ^^y 
pay without delay all orders passed by the Inferior Court and direct-'' 
ed to him, provided he has funds so to do,^ and shall, upon payino- 

♦Expl.rmed by Act of 1S3S, soo. 65 of this title. In m;aiy Counties, elected by tke 
pjople; see IjOcuI Acts, as to each County. 

tSee County founds and llecord.?, icr various Acts in relation to defaulters mth Coun- 
ty funds. 

[1.] And he cannot defend, for any causes which have already been adjudged against the 
Inferior Coinrt. Coleman^ Treasurer, vs. Nenl. 8 Ga. Rep. 560. 



212 COUNTY OFFICERS— 1825-'26. 

Duties of Coui.p'y 'i'rcasiiier — Ync^ricy of Clerks aiKJ t^licriit". 

the same, take a receipt upon such order, for his justificatioUj and 
shall kecD the same on file in his office. 

X 

Bhaii keep a 48. Sec. Y. The Said County Treasurer shall keep a book in which 

book. Yie shall exhibit on the debtor side all sums of money paid out by 

him, the time when paid, and the persoiis to whom paid ; and upon 

the credit side all sums of money received by him, the persons from 

whom received, and on what account the same has been received, 

which book shaU at all times be open to the inspection of the Court, 

or any person interested. 

To make an ^^- ^EC. VI. It siiall bc the duty of such Couuty Treasurers to 

annual ex- exhibit to the Grand Jurv at the Superior Court first held in each 

hibit. , - , ^, . . 

year, a statement oi tiie Couut^^ tanas, containing a detailed account 
. of the several objects and amouiits o{ exp^enditures, with the vouch- 
ers therefor, including the bala!ice, either way, from the year preced- 
ing ; and the Justices of the Inferior Court, or a majority of them,, 
shall have power to issue execution against such County Treasurer 
and his securities lor the amount in his hands, on his failing to pay or 
account therefor within ten days after written notice from such Jus- 
tices to that effect. 
This Act not 50. Sec. YIL Nothing in this Act shall be so construed as to 
the'offifrof abrogate the office of trustees of the poor school fund^ created by 
Se'poor''* the Act approved the 22d of December, 1823,* or to interfere with 
School the academy funds of the County. 

51. Sec. VIII. Tlie Inferior Court shall pay to the said Treas- 

Compensa- ,. , . . ^ ■, . , 

tion. urer such sum lor his services as may appear to tnem to be reason- 

able and just, so as not to exceed tvv^o and a lialf per cent, on any 
moneys received by him, neither shall he exceed that amount for 
disbursing the same. 



An Act to alter the mode of filling tlie vacancies of Sheriff's, Clerks 
of the Superior and Itiferior iJotiris, aiid Tax Collectors ; and 
provide for fdlhw the vcicancy of Receiver of Tax Returns. -—Afj- 
proved 2Gth Dec^ 1826. Vol. IV. '297. 

Anyvacan- 52. From aiid immediately after the passage of this Act, when 
fice ot^JJhcr!""" ^^y <^^ffice of-Sheriil, Clerk of the. Superior or Inferior Court, Tax 
iif, cpk, &c. Q^iieetor, or Receiver of tax: returns in any of the Counties of this 

shall be ^ ' ^ , , "l . , . . 

filled by] State, may become vacant by deatn, resignation, or otherwise, it 

election. ^]^^\\ ]^,-, ^hc duty of the Justices of the Inferior Court, or any tvv'o or 

more of them, to give notice at the door of the Court liouse and at 

three or m.ore of the most public places of said County v/ithin which 

such vacancy may happen, tweiity days previous to said election, for 

By persons fihing sald Vacaiicy ; which said vacancy shall be filled by persons 

entitled to entitled to vote for members of the Legislature of said County ; and 

vote lor , ^ • • I 1 1 /-N • 

EQerabers of the person so elected stiaii be commissioned by the Governor, m con- 

the Legisla- , . i ^ i • r • .i ■ r^ ^ j. ^i . i • , i 

ture. . formity v/ith tnc iav/s now m force m tins k5tate on that subject ; and 
the person so chosen shall continue in office no longer than his pre- 
decessor would liai-'e done. 

*Office abolished by Act of 1843, gee Acadejnies, &c, sec. 8. , 



COUNTY OFFICERS— 1826-'29. 213 

In case of a rie — Election of ConstahJc. 

53. Sec. II. When any two or more candidates for any of the J." '^f ^'^ "^ 

^ J J tie, Justices 

aforesaid offices may have the iii2:hest and an eiiual number of votes, ''^' fnferior 
tiiQ presiamg Justices or supenii-ten dents at said eiections shall certiiy der a new 
the same to the Justices of tlie Inferior Court of trie County where ^ ^^ ^^^ 
such election ma^'" be held ; whose duty it shall be forthwith to ad- 
vertise another election, giving notice as prescribed in the first section 
of this Act. 

54. Sec. III. In the interim from the time said vacancy may iirf'r court 
happen up to the time a successor may be elected and qualified, ac- wincy 
cording to the foregoing provisions (in cases where it may be neces-^5y"°®*^^^ 
sary,) the Justices of the Inferior Court of the County where said 
vaCvancy may happen is [are] hereby authorized to attend at the Court 

house of said County, and appoint some fit and proper person to dis- 
charge the duties of said office, until such vacancy may be filled ac- 
cording to the foregoing provisions, v/lio shall be compelled to give 
bond and security and take the usual oath.* 

Sec. ly. All lav/s and parts of laws militatino: a2:ainst this Act Repealing 

cld.iisc 

are hereby repealed. 



An Act to make Constables elective by the people : and the mode of 
taking their Bonds ; and to point oat their duty in certain cases. — 
Approved Dec. 22, 1829. YoJ. IV. 407. 

55. An election shall be held at Vaa place of holding Justices' constables 
Courts in each Captain's district, on the first Saturday in January of [J^JL^peo!** 
each and every year, by persons entitled to vote for members of the f^ annual- 
General Assem]3l3r, for at least one, and not more than tv/o Consta- 
bles ; v/hich election^shall be superintended by at least one of the 
Justices of the Peace and two freeholders ; who shall hold his or their 
appointments until the first Saturday in January/ iiqzxX thereafter, and 

iiiuil his or their successor is elected and qualified. 

56. Sec. li. Before any Constable shall enter on the duty of his ^o take an 
appointment, he shall take the usual oath, and enter into the usual giVe bond, 
bond, to be approved of by the Justice or Justices of the Peace of ^''' 
t'leir respective districts.! 

d7. Sec. III. W!ien au election shouI«l fail to be hejd at the time J".,^^'^ ^^ * 

. , 111, iailur& to 

aloresaid, or a vacancy snonid nappen, it shall be the duty of the t^o'fi .said 
Jiistice or Justices aforesaid to advertise an election in three of the what^shaii 
most public places in their district, giving at least ten days' notice of ''^'^*'"^* 
tlie time and place, which shall be conducted in the same maimer as 
aforesaid ; and who shall hold his, or their appointment until tlie first 
Saturday in January next thereafter, and until his or their successors 
is elected and qualified. J 

Sec. IV. [See Justices of the Peace, &c. sec. 40.] 

Sec. V. [Repealing clause.] 

*This being a re-enactment of the Act of 1819, the former is omitted. 
tSee Act of 1834, sec. 60, as to certain bonds. See also Acts of 1816 and 1818, sec. 
22, 28 of this title. 
;JSee sec. 61. 



214 COUNTY OFFICERS— 1830-'38. 



Tax C'oilcctor — Appointment of Constaiilcshy Justices?. 



An Act to c/(a?ige the election of Tax Collectors in the several Coun- 
ties of this State, so far as to provide for said officers to he elected ^ 
and qjiaiified to collect the taxes due for the year preceding tJtelr 
appointtnent. — Approved Dec. 2d, 1830. Pam. 113. [Repealed,] 



An Act to amend an Art eniiUed. an Avl to make Constables elective 
by the people, and ike mode of taking their bonds, a/nd to point out 
their duty in certain cases. — Approved Dec. 20, 1834. Pam. 100. 

appoint ST- 58. From and after the passage of this Act, it shall and may be 
cStainc"a- l^wful for the Justiccs of the Peace in the several militia districts in 
*®'» this State, or either of them in the absence of the others, to appoint 

Constables for special purposes or to meet sudden emergencies, in 
cases v/here the Constable elected by virtue of the Act aforesaid shall 
be absent from the district for which be was elected, or shall, from 
providential causes, be disabled or prevented from discharging the 
duties of his office. 

59. Sec. II. Nothing in this Act shall be so construed as to au- 
and no oth ^horize Justlccs to appoint or deputize Constables in any case or cases 
€13. Yv^hatever except those before specified.* 

Sec. III. Ail laws or parts of laws militating against this Act 
are hereby repeaWd. 



An Act to make valid Constables'' bonds i?i certain cases. — Approved 

Dec. 22, 1834. Pam. 225. 

Whereas, many Constables' bonds have be^n made payable to the 
Governor and his successors in office, instead of having been made 
payable to the Justices of the Inferior Court, in pursuance of the law 
passed 22d December, 1829 ; for remedy whereof — 
Certain Con- 60. Be it ejicicted, S^^'c. That any bond or bonds which may have 
S^nd?made heretofore been given by any Constable or Constables of this State 
vahd. under the law above referred to, and made payable to the Governor, 
shall be and are hereby considered and taken as good and valid as if 
the same had been taken and niade payable to the Justices of the In- 
ferior Court, in compliance v/ith the law aforesaid. 

Sec. II. All laws and parts of laws militating against this Act 
are hereby repealed. 



An Act to authorize Justices of the Peace in this State to appoint 
Constables in certain cases thereiii named. — Assented to Dec. 28, 
1838. Pam. 71. 

Justices may ^i gp(. J Be it euacted. That whenever any vacancy in the 

appoint a ' -i • • i • "• • i • ci 

Constable in office of Constable shall occur in any militia district m this btate^ 

case of va- 
eancy, 

*See Act of 1838, sec. 61. 



COUNTY OFFICERS— 1838. 2 15 

County Surveyor may administer oaths. — Clerk's bond as Treasurer. 



by death, removal, or otherwise, it sJiall and may be lawful for the 
Justices of the Peace of the district where such vacancy may occur, 
to appoint some fit and proper person to act as Constable for such 
district till a successor may be elected and qualified, as is now re- 
quired by law. 

62. Sec. II. When the Constable of any district maybe unable ^f^.J^'J.J^*'*^^''' 
to perform the duties of his office, from sickness or other disability, j^^^^r^*^ "^ 
or on account of the amount of business being so great that it can- 
not be done in due time by the Constable of the district, the Justices 

of said district may appoint some suitable person to act as Constable 
for such district during such disability. 

63. Sec. III. All persons api^ointed to act as Constables bysuchpor- 

-_.. iiV- 11 1 • Ji r sons must 

vu'tue of this Act, shall, give bond and security and be sworn tor give bond 
the faithful performance of their duties, as Constables are now re- ul'uai'oa^tbV* 
quired by law to do. 

Sec IY. All laws and parts of laws militating against this Act 
be, and the same are hereby repealed. 



An Act to authorize and empower Countj/ Surveyors to administer 
oaths in certain cases. — Assented to Dec. 29, 1838. Pam. 81. 

# 

64. Sec. I. Be it ejiacted, That from and after the passage of ^""^admhjr 
this Act, County Surveyors, when called on to admeasure and lay ofi'^^t" certaiB 
dower, or divide lands held in common or joint tenancy, shall be, and 
they are hereby authorized and empowered to administer the oaths 
prescribed by law in such cases. 

Sec. II. All laws militating against this Act be, and the same are 
hereby repealed. 



An Act amendatory to and cxphmatory of the several Acts now of foice 
in lids Strife, in relnt'ion to the creation of County Treasurers, Si'c. — 
Assented to Dec. 31, 1838. Pam. 82. 

Whereas^ the existing laws now of force in this State, creating 
County Treasm'ers, defining their respective duties and liabilities, are 
variously construed, some Inferior Courts recognising them as impera- 
tive to appoint another beside the Clerk of the Inferior Court for 
their Treasurer, while other Courts regard it as permissive only, and 
placed entirely within the discretion of the Courts, to do the one or 
the other ; and whereas^ under the latter construction no law pro- 
vides for taking any bond or recognizance on the part of the Clerk, 
where he shall be held and deemed the legitimate County Treasurer 
as aforesaid, for the faithful execution of his trust as County Treas- 
urer, whereby the whole finances of a County are placed entirely in 
the hands of said County Treasurer, without proper guaranties of 
fidelity : 

65. Sec I. Be it enacted. That whenever it shall so happen p^®'^ *^/'^* 

/• • i^ bond when 

that the Justices of any Inferior Court or Courts, of any County or acting as 
Counties of this State, or a majority of them, shall decide that they 



ceipts, &c. 



216 COUNTY OFFICERS— 1839-' 42. 

Election oi'C. CO. — Judges may appoint Sheriff and Clerk 

are not inhibited from retaining their Clerk as Connty Treasnrer ; 
then and in that case they shall nevertheless proceed to take proper 
bond and secnrity of said Clerk, in like manner as is pointed out for 
County Treasurers generally. 
£ass le;^ 66. Sec. II. The said Clerk, acting as County Treasurer, shall 
be required to pass all receipts for moneys received by him, and in all 
respects conform to all the duties pointed out for other County Trea- 
surers. 

Sec. III. AH laws militating against this Act be, and tha same 
are hereby repealed. i 



An Act to authorize the Justices of the Inferior Courts for the sev- 
eral Counties of this State to elect the Clerk of the Court of Or- 
dinary! — Assented to Dec. 21, 1839. Pam. 41. ■ 

Whereas, it frequently occurs that the Justices of the Inferior 

Courts in the several Counties of this State fail to elect a Clerk for 

the Court of Ordinary on the first Monday in January, as required 

to do so by law, and for remedy whereof : 

c. CO. may 67. Sec. I. Be it enacted. That in future, where the Justices of 

anytime, the Inferior Court as aforesaid, shall fail to elect a Clerk as aforesaid, 

that it shall and may be lawful for the said Justices, or a majority 

of them, to proceed at any time thereafter, and previous to the next 

regular time of said election, to elect a Clerk as aforesaid.^ 

Bond. 68. Sec. II. Any person so elected shall, before he enters upon 

the duties as Clerk aforesaid, enter into bond with good and sufficient 

security or securities unto his Excellency the Governor for the time 

being, and shall be held liable in the same way as if he had been 

Term of of- clected at the time regular by law, and shall continue in office no 

^^* longer than the next regular time of electing said Clerk ; any law to 

the contrary notwithstanding. 

Sec. III. [See "Judiciary," sec. 74.] 
Sec. IV. [Repealing clause.] 



An Act to enlarge the poivers of the Judges of the Superior Courts 
of this State, and for other purposes. — Assented to Dec. 3, 1842. 
Pam. 163. 

jadffe may 69. Sec. I. Be it enacted, That from and after the passage of 
sEiffand this Act, the Judges of the Superior Courts in this State shall seve- 
JS^^^^P'*" rally have the power to appoint, temporarily, a Clerk or Sheriff in 
any County in which there may be a vacancy in either of said offices, 
at the time provided by law for the holding of the said Courts. 
T»rm of of- 70. Sec. II. The Sheriff so appointed shall only hold his office 
^^®* during the term of the Court at which he was appointed ; and the 

Clerk so appointed, by virtue of the authority aforesaid, shall hold 
his office during the term, and for four days thereafter. 

[1.] See 8 Ga. Rep. 233. 



COUNTY OFFICERS— 1845-'47. 217 

Sli'lf's bonds — Surveyor's bonds, .|;1,000 — Constables' bonds. 



An Act toaltrr and amend the several Acts now in force in relation 
to the taking of Sheriffs^ Bonds. — Apjiroved Dec. 26, 1845. 
Pam. 48. 

71. Sec. I. From and after the ■Dassa2:e of this Act, it shall be^"^*^^ ^"p''^ 

A >^ ' Court shali- 

the duty of the Judges of the Superior Courts of this State, at the examine 
first sitting of the Superior Court, in any County in this State, after 
a Sheriff shall have been elected and qualified for such County, to 
examine the official bond of such Sheriff, and if the bond has been 
taken in conformity to the law, to cause the bond to be entered on recorded.^ * 
the minutes of the Superior Court ; and in case the bond has not May require 
been taken in conformity to law, it shall be the duty of the Sheriff'^ new bond, 
to give another bond in conformity to the law, which bond the Judge 
is hereby authorized and empowered to take, and wheii so taken, 
shall be entered on the minutes of the Superior Court.* 



An Act to alter and amend an Act entitled an Act to alter and amend so 
mvch oj the fourth section <f a7i Act approved December 2S, 1789, 
as relates to the amount of County Surveyors' Bonds, asse7ited to Dec. 
26, 1842.— Approved Dec. 25, 1847. Pam. 80. 

72. Sec. I. From and after the passage of this Act, "that ^H boiXl^^ooo. 
County Surveyors hereafter elected in the several Counties of this State, 
shall give bond and security in the sum of one thousand dollars, in- 
stead of three thousand dollars, as is now required by said amended 
Act.f 

Sec. II. All laws and parts of laws militating against this Act 
be, and the same are hereby repealed. 



An Act requiring Clerks of the Inferior Courts of the severed Counties 
of this State to record Constables'' Bonds, a/id. declaring certified 
copies thererf testimony in certain cases. % — Approved Dec. 27, 1847. 
Pam. 62. 

73. Sec. I. From and after the passaare of this Act, it shall be ^''^^'J^ "^ ^"f- 

Court shall 

the duty of the Clerks of the Inferior Courts of the several Counties »-ecord"aii 
of this State, to record in a book to be kept for that purpose, al 1 bondT^''^'^ 
Constables' bonds that may hereafter be returned into their and each 
of their respective offices by the Magistrates before whom said bonds 
are executed, within twenty days after the same are so returned. 

74. Sec II. In all causes which may hereafter be instituted in 

*Asto Constables' Bonds, sec. 73 ; Administrators' and Guardians' Bonds, see "Ex- 
ecutors," Sec. sec. 120 and note. 

tAct of Dec. 23, 1812, para. GO. For Act of Dec. 23, 1789, see "Land," sec. 59. 

jSee next Act as to certillcate thereof. 

§For Act requiring guardians' and administrators' bonds to be recorded, see " Execu- 
tors, Administrators," &c., sec. 120 and note. As to Sheriffs' bonds, see sec. 71, tliis 
title. 

28 



218 COUNTY OFFICERS— 18: 0. 

Copies, evidence — Certificate of Clerk — Sheriff cannot be Constable. 



Cenificd 

copies cvi 



any of the Courts of Law or Equity in this State against the princi- 
dence. pal and securities, or either of them, on any official bond given by 
any Constable in this State, it shall be lawful for the said Courts to 
receive as evidence of the fact of the due execution of sucli bond 
a certified copy thereof, made by the proper officer, when [where] 
such bond is of file or recorded, which copy shall be sufficient testi- 
mony in the cause, unless denied on oath. 
Sec. III. [Repealing clause.] 



An Act relative to Constalles' BonJs^ and to regulate the procecJings 
thereon. — Approved Feb. 11, 1850. Pam. 63. 

Acts void 75, Sec. I. Be it enacted. That from and after the passage of 
f5-:'j and cer- this Act, that all Coiistablcs hereafter to be elected in this State, 
ciorkob" shall, before he enters upon the discharge of his official duties, re- 
tamed. ccivc a Certificate from the Clerk of the Inferior Court, that his bond 
has been filed in the Clerk's office as now required by law, and that 
the official acts of any Constable before filing of his bond and re- 
ceiving a certificate according to the provisions of this section, shall 
be illegal and void. 

Sec. K. All laws and parts of laws militating against this Act 
be, and the same are hereby repealed. 



An Act to prevent Sheriffs from laddhio^ the ofjice of Constahle. — Ap- 
proved Feb. 21, 1850; Patn 369. 

Bheriffcan- 76. Sec. I. Be it cnocted. That from and immediately after the 
stibie. "" passage of this Act, no City or County Sheriff shall be allowed to 
hold the office of Constable. 

Sec. II. All laws and parts of laws militating against this Act 
be, and the same are hereby repealed. 

[Statutes omitted as repealed, obsolete, or superseded. Act of 
1789, Watk. 389 ; of 1816, Vol. III. 152.] 



DEAF AND DUMB— 1838- 45. 



219 



Provision for incli-irent Deaf and Dumb — Cedar Yallev Academy. 



DEAF AND DUMB. 



Sec. 



1. Annual appropriation. 

2 . Cedar Valley Academy. 

3. Hartford beneiiciaries. 

4. Deaf, dumb or blind. 

5. Repealing clause, 
fi. Site for Asylum. 

7. President and Treasurer. 



♦* 8. Com. office abolished. 



Sec. 9. Board, style, privileges. 
" 10. Their residence. 
" 11. Notice, &c. 
" 12. PoAvers, report. 
" 13. Indigent Deaf and Dumb. 
" If. Approj)riations. 
" ,15. Completion of buildings. 
" 16. Annual reports. 



A71 Act to be entitled an Act to iirovide for the indigeiit Deaf and 
Dumb citizens of this State; also to provide f 07' the appointment 

of a Comjiiissioncr, to regulate his dnlies, affix his salary and to 
appropriate moneys therefor. — Assented to December 29, 1838. 
Pam. 92. 

[Secs. I, II. Ill, and lY, with reference to commissioner to con- 
vey beneficiaries to Hartford, superseded.] 

1. Sec. V. The sum of four tliousand five hundred dollars shall •'S'Vsoo ap- 
be, and the same is hereby appropriated annually, out of any mo- annually, 
neys in the treasury not otherwise appropriated, for the support of 

the deaf and dumb, as provided by this Act, which sums, or so much 
thereof as may be necessary, shall be paid to such commissioner on 
the warrant of the Governor, hereby, yearly until the Legislature Governor's 
shall otherwise direct ; any law to the contrary in any Av^ise not- 
withstanding. 

An Act to alter and a7ncnd an Act to provide for the indigent Deaf 
and Dumb of this State, also to provide for the appointment oj a 
commissioner, to regulate his duties, affix his salary, and appro- 
priate mo7icys therefor, by cJtanging the place of educntioii, aiid 
for otJter purposes. — Approved Dec. 25, 1845. Pam. 25. 

2. Sec. I. Be it enacted, That so much of the above recited ActeedarVai- 
as relates to the American Asylum at Hartford, Connecticut, as the lL\gal^t^ 
place designated for the indigent deaf and dumb of this State, be 
repealed. Prodded, that at tlie Cedar Valley Academy, in the 
County of Paulding, or some other Academy in this State, which 

may be approved by his Excellency the Governor, the same kind of 
education may be acquired, and on terms equally economical as those 
of tfie said American Asylum. 
Sec. II. [Superseded.] 

3. Sec. III. His Excellency the Governor, be authorized to re- Beneficiaries 

, , ^ . . "^ , It ■ A 1 ^t Hartford 

move such beneiiciaries, as are now at the said American Asylum at to be re- 
Hartford, if the means of a proper education be supplied at the said"^."^*^ 
Cedar Valley Academy, or elsev/here, on the same terms of econo- 



*For Aet declaring Deaf and Dumb persons idiots iij law for certain purposes, see 
♦' Executors, Administrators, &c." 



220 DEAF AND DUMB— 1847. 

Indigent Deaf, Dumb or 13iind — Asylinn — Board of Commissioners. » 

my to this State, and general iisefnlness of the appropriation made 

by said Act of eighteen hundred and thirty-eight. 
E*ten(i3to 4. Sec. IY. Tiie provisions of this Act, and of the Act of which 
deaf^ dumb this is amendatory, shall be extended to all the indigent deaf, or 

or blind. i i i i- j -&' ^ 

dumb, or blind." 

5. Sec. V. All laws and parts of laws militating against this 
Act, be and the same are hereby repealed. 

A71 Act to jiroi'ide for the cstnblislnucnt and location of an Asijdim for 
the Deaf and Dumb, to raise a Board of Commissioners for the same, 
and to define the rules under which persons may receive its benefits, and 
for other purposes. — Approved Dec. 16, 1847. Pam. 94. 

Five com- 6. Sec. I. As soou after the passage of this Act as may be con- ] 
to^purcifaseavenient, his Excellency the Governor shall appoint five commission- 
liSj.^""^^"' Grs, of whom the present instructor of the deaf and dumb benefici- 
aries of this State shall be one, whose duty it shall be to select a site, 
to purchase a tract of ground suitable, of forty acres, more or less, 
and to cause forthwith to be erected thereon such buildings as may 
be requisite for an asylum and school-house for the deaf and dumb 
of this State, to be located at the most eligible point, not exceeding 

fiv^e miles distant from the ulace at which the deaf and dumb bene- 

J. 

ficiaries of Georgia are now instructed. 

President 7. Sec. II. Said commissioiiers shall, at theii' first meeting, 

an ireasur-^i^^, ^^^^^ ^^ their owii uumber as president, and one of their own 
number as secretary and treasurer. The president's signature shall 
be repm^ed to all the reports, drafts, orders, contracts, notes, and 

puties. other ollicial papers of the board. The secretary and treasurer shall 
keep an accurate record of all the proceedings of the board, an ac- 
count of all its expenditures and a record of all its contracts of 
whatever kind, and no contract, bond, draft, order, report, obligation, 
or a,greement of said board of commissioners, shall be valid unless it 
be first recorded by the secretary in a book kept for that purpose, 
signed by the president and countersigned by the said secretary. 

Bond. The said secretary and treasurer shall give bond and security, paya- 
ble to his Excellency the Governor, for the faithful performance of his 
dut]/", and shall receive for his services a salary not exceeding the 
sum of two hundred dollars annually. 

omce of 8. Sec. Iir. Said board of commissioners shall perform all the 

erTboUshed' duties iiow, required by law of the commissioner for the deaf and 
dumb, whose otfice is liereby abolished, and shall cease from and 
after the day when his present year's commission shall expu'e. 

Term of of- 9_ g^c. IV. Said board of commissioners sliall hold their office 

D.C&* 

for one year only, but may be re-apf)()inted by the Governor ; and 
Name. said board and their successors shall be known as the " Board of 

Commissioners for the Georgia Asylum for the Deaf and Dumb," 
Privileges, and ill this name may have and hold all such lands, buildings and 

other eifects as may -be necessary for the uses and purposes of said 

*S8e sec. 13. 



DEAF AND DUMB— 1847. 221 

Powers of Board — Disposition of applicants — E:<largement of bviildings. 

asylum, and in this name may sue and be sued, and do and perform 
all other acts tha,t may be necessary to carry out the provisions of 
this Act, not contrary to the laws of this State. 

10. Sec. V. A majority of said board of commissioners shall Residence 
reside in the County wherein said asylum is located ; and upon the " 
death, resignation, removal, or refusal to serve, of any one or more 

of said commissioners, the remaining commissioners shall give notice 

to the Governor of such vacancy within twenty days, and the va- vacancy— 

• J J J liuw filled. 

cancy shall be filled by the Governor v/itliin sixty days after such 
notice. 

11. Sec. VI. Said commissioners shall give notice in one of the Notice of 
public gazettes of Savannah, Augusta, Macon, Athens, Columbus orbuiSin^ 
and Cassville of the completion of said buildings, and announcing 

their readiness to receive beneficiaries and others into said as3dum, 
and shall not receive more tlian one beneficiary from any one County Restriction 
in this State, until sixty days have expired from the publication of caVtf.^^' 
said notice. 

12. Sec. VIL Said board of commissioners shall have power to ^^\^Y* °* 
purchase all such articles of furniture as may be required for the use 

of said deaf and dumb asylum and school ; to appoint such oliicers 
as may be necessary ; to. select and employ such teachers as are re- 
quisite ; and, with the consent of the Governor, to fix their salaries ; 
to exercise a general supervision and control over the aifairs of the 
school and asylum ; and shall make a report of all tlieir acts and Report, 
doings to his Excellency the Governor at least twice a year, [that is] 
to say, on the first of June and first of November.* 

13. Sec. VIII. Indigent deaf and dumb persons, resident any indigent 
where within the State, shall be received into the asylum and school, dSmifdM- 
and maintained and educated gratuitously, so far as the funds of the ^-'i"^ 
institution will admit, after the provisions of the sixth section shall t'^^^iy- 
have been complied with. And when more persons shall apply for 

the benefits of the institution than can be received at any one time, 
the commissioners shall so apportion their number among the several Apportion- 
Counties, according to their representative population, that every oountfeT^ 
County may equally receive tiie benefits of the institution : Provided^ 
alwiuja^ That no person under ten, nor more than tiiirty years old A^e— and 



s educat- 
gratui- 



terta of 



g- 



sliall be admitted, and no beneficiary allowed to remain more than sciioJiin 
four years. All others than the indigent deaf and dumb of this other appi>- 
State may be received upon such terms as the commissioners may *^^"'^- 
establish ; and for the purpose of accommodating tliose who may 
apply for its benefits from other States, the buildings may, from time Buildings 
to time, be enlarged and improved, when the receipts of the asylum larged! ^^ 
from other sources than the public treasury may justify it. 

14. Sec. 9. The Governor be and is hereby authorized to draw Appropria- 
his warrants upon the treasury for the unexpended balance of the 
standing appropriation for the education of the deaf and dumb for 
the year eighteen hundred and forty-seven, and for the whole amount 
of the said appropriation for the year eighteen hundred and forty- 
eight, in such sums as may be required by the board in carrying out 

*Aiinually, sec. 15. 



tions. 



222 DEAF AND DUMB— 1850. 

Annual Reports. 

the provisions of this Act ; Provided^ always. Tliat not more than 
Restriction, one-half of the appropriation for eighteen hundred and forty-eiglit, 
with the unexpended balance of the appropriation for eighteen hun- 
dred and forty-seven, shall be expended in the purchase of land and 
in the erection and turnishing of the buildings. 



An Art to complete a?id furnish the Georgia Asylum for the Deaf 
and Dutnh^ to appropriate a siiiri of money for the same, and for 
other purposes. — Approved Feb. 11, 1S50. Pam. 18. 

$4,000 ap- 15, Sec. I. Be it enacted, That the sum of four thousand dol- 
^^ ^""^ * lars, together with the unexpended balance of the annual appropria- 
tion for the educcition of the indigent deaf and dumb for the year 
eighteen hundred and forty-nine, be, and the same is hereby appro- 
priated for the completion and furnishing the asylum edifice, the 
erecting of the necessary out-buildings, work-shops, and such other 
improvements as the board of commissioners in their discretion may 
deem absolutely neces-^ary ; and that his Excellency the Go\^ernor 
be authorized to draw his warrants upon the Treasurer for said 
amount in i\iVQY of said board, for such sums and at sucli times as 
they may deem necessary and proper : Frovlded, always, That no 
greater sum shall be drawn than is absolutely rovjuired to carry out 
the provisions of this Act. 
Report? lobo 16. Si^c. 11. The commissioners shall make a report of all their 
*"""'^' actings and doings to his Excellency the Ck)vernor annually on the 
first day of July, instead of semi-annually as now re [uircd by the 
seventh section of the Act for the establishment and location of said 
asylum. 

Sec. III. [Repealing clause.] 

[For an abstract of the action of the State previous to 1837, on 
the subject of the deaf and dumb, see Prince's Digest, 2d edition, 
. page 884.] 



DIYOPvCES— 1802. 



223 



rieadm<:s. 



DIVORCES. 



Sec 


. 1. 


I-ibel for divorce. 


(( 


2. 


Deicnce. 




3. 


Judj^onent by defaiilt. 




4. 


Form of Verdict. 




5. 


Non-resident Defendant. 




6. 


Absolute or conditional. 




7. 


Jury's duty. 




8. 


Oiiender not to marry. 




9. 


Husband's liability. 




10. 


Issue not bastards. 



Sec. 11. Schedule of property. 

' 12. Oath of Jury. 

' 13. Conscientious scruples. 

' 14. Grounds for total diyorcc. 

* 15. Discretionary grounds. 
' 16. Effect of collusion. 

* 17. Partial divorce. 
' 18. Acts revived. 
' 19. Persons relieved. 



An Act to carry into effect the ninth section of the third article oj 
the Constitution. — Approved Dec. 1, 180*2. Vol. 11. 98. 

Whereas^ nnrringe being among the most solemn and important 
contracts in society, has been regulated in all civilized nations by pos- 
itive systems : and whereas, circumstances may require a dissolution 
of contracts, founded on the most binding and sacred obligations 
\^hich the human. mind has been capable of devising, and such cir- 
cumstances may combine to render necessary the dissolution of tlie 
contract of marriage, which dissolution ought not to be dependent 
on private will, but should require legislative interposition, inasmuch 
as the republic is deeply interested in the private happiness of its cit- 
izens : and whereas, the Constitution of this State declares, — [recit- 
ing the ninth section of the third article.'] And doubts being en- 
tertained by the Judges of the Superior Courts of this State, with 
res])ect to their powers of deciding upon applications for divorce, 
before the General Assembly have legislated upon the said section of 
tlie third article of the Constitution : For the purpose of obviathig 
said doubts, and of carrying into effect the said section of the Con- 
stitution, therefore, 

Sec. 1. Be it enacted, ^*c. [Directs that all divorces shall be a 
vinculo 'matrimonii. — Repealed, see sec. 6.] 

1. Sec. II. The proceedings on divorce shall be by petition to Mannrr of 
the Court, which petition shall plainly and fully state the cause or a 'i^iu for di- 
causes of the application for such divorce, to which petition, the ^*^^"*^'''' 
Clerk shall annex a citation signed by such Clerk, and bearing test 

in the name of the Judge having cognizance of the case, directed to 
the Sheriff, citing or requiring the defendant to appear at the Court 
to which the same is made returnable, thirty days before the sitting 
of the Court, by serving a cop3^ of such petition and citation on the 
defendant, or by leaving a copy at his or her most notorious place of 
abode. 

2. Sec III. The following proceeding shall be observed by the 

[1.] Which req^uired an Act of the Legislature to the completion of a divorce. By 
amendment of 1832-1833, two concurring A'erdicts of special Juries were made conclu- 
sive. Difficulties arising on the construction of the Constitution as amended, the amend- 
ment of 1847-1849 was passed. See Hc^ad vs. Head, 2 Kelly, 91. See also Constitu- 
tion, as amended, in this work. 



224 DIYORCES— 1802-'6. 



Verdict — Non-residents — Total and partial divorces. 



Manner of defendant, to wit : The defendant shall appear at the Court to which 
ecmin^ " tlie petition and citation are made returnEible. and on or before the 
last day of the Court, shall make his or her answer or defensive alle- 
gation in writing, signed by the party making the same, or his or 
her attorney, which may extenuate, deny, or contain as much mat- 
ter, or as many circumstances, in his or her defence, as the said de- 
fendant may think necessary and proper therein* 

jHd^meniby 3. Sec. JT. Where the said defendant shall fail to appear as 
^ '^^^^' aforesaid, the Court shall proceed to give judgment by default, which 
shall be inquired of as the law directs, and has heretofore been the 
custom and practice of Courts as in cases of default. 

Form of the 4. Sec. Y. The vordict of the Jury, which by the aforesaid sec- 

verdict. • 

tion of the Constitution must in its nature be interlocutory, not de- 
finitive, shall be hi the form and words following, to wit : " We find 
that sufficient proofs have been referred to our consideration to au- 
thorize a total divorce, that is to say, a divorce a vinculo matrimonii 
upon legal principles between the parties in this case :"* a certified 
copy of which verdict, signed by the Clerk of the Court at which 
the said verdict shall have been obtained, together with the records 
appertaining to the same, shall be and is hereby considered as a full 
compliance with the aforesaid section of the third article of the Con- 
stitution. 
What to be 5. Sec. VI. Wlicu any person shall be out of the limits of this 
the'de^eild- State, that have complaint alleged against them by virtue of this 
out oTtir Act, the Judge presiding may make a rule of Court to compel their 
^^'^^^- attendance, or proceed to trial in case of default. 



All Act to amend the foregoing. — Approved Dec. 5, 1806. Yol. II. 

312. 

Divorces to 6. Sec. I. The dlvorccs recognized by this Act shall be abso- 
orcondt"^ lutc, and totally dissolve the marriage contract, or conditional, and 
tionai. ^^^1^ separate the parties from bed and board-, and provide for sepa- 
rate maintenance and support of the parties, and their issue. f ^ 
The special 7. Sec. II. All cascs of divorcc Yfhich shall come before the 
'quife'^'i'nto Superior Court, shall be tried by a special Jury, who shall incjuire 
lahe^par"^^ i^ito the situation o the parties before their intermarriage, and also 
ties before ^^ ^[^q ^j^^^g Qf trial, and in ail cases where they shall determine in 

marriage, in ' •' 

conditional favor of a Conditional divorce, they shall by their verdict or decree, 
make provision out of the })roperty of which the husband may be 
possessed, for the separate maintenance and support of the wife and 
Their fur- the issuc of sucli marriage, which verdict or decree, the said Court 
such caseV" shall causc to be carried into eiiect according to the rules of law, or 
according to the practice of Chancery, as the nature of the case may 
require. 

*-But see sees. 6 and 7. 

fGrrounds for total divorce — see Act of 1850, sec. 14. 

(1.) Prior to the change of the Constitution in 1847-'9, a total divorce could be granted, 

only for causes authorized by Common Law. 2 Kelhj, 191, 



DIVORCES— 1806-'40. 225 



Alimony — Issue of marriage — Schedule — Oath of Jury. 



8. Sec. III. In all cases where the verdict shall be for an abso-in cases of 
lute divorce, the party whose improper or criminal conduct shall au- vorce'^tLof- 
thorize such divorce, shall not be permitted to marry again during [y^no" pe?-"^' 
the life of the other party, and in case of such second marriaa^e, the "^'"^'^ ^^ . 
party so offending shall be subject to the pains and penalties enacted during the 
against bigamy. Provided aliuays. that where the marriage is de- other, 
dared void for such causes existing before such intermarriage as are ^'^"'^^^*^- 
recognized by the Ecclesiastical Courts, the said parties may marry 

again, any thing herein contained to the contrary notwithstannding. 
Sec. IY. and V. [Superseded by amendments to the Constitu- 
tion.] 

9. Sec. YI. In all cases where provision is made for the separate After such 
maintenance of the wife, according to the provisions of this Act, the thr^sband 
husband shall not be subject to any contract made thereafter by such tTthe^Ss 
wife, but in all and every such case, the wife shall be subject to the ^^^^®^^^^*'- 
payment of her own debts, out of her separate maintenance, during 

the time that such separation and separate maintenance shall con- 
tinue. 

10. Sec. YII. In all cases of divorce, the issue of such mar- The issue 
riage shall not be bastardized, but shall be capable of taking by de- basta^rdized. 
scent or distribution from either of their said parents. 

11. Sec. YIII. In all cases of application for a divorce, the par- Applicant 

shall furnish 

ty applying shall render a schedule on oath, of the property owned a schedule of 
or possessed by said parties at the time of such application, or, jf p^'^p^"^- 
the parties have separated, at the time of such separation, which 
shall be filed of record by the Clerk of the Superior Court, and after 
all just debts shall be paid, shall be subject to a division or equal dis- How dispos- 
tribution between the children of such parties, except the Jury be- 
fore whom the same may be tried, shall, think proper to allow either 
party a part thereof. 

Sec. IX. [Repeals so much of the said Act as is repugnant to 
this.] 

lin Act to prescribe the oath of the special Jury in cases of Divorce.— 
Approved December 13, 1810. Yol. 11. 630. 

Whereas, some doubts have been entertained in the Superior Courts 
of this State with regard to the proper oath to be administered to 
the. special Jury in cases of divorce, 

12. Be it enacted, ^c. That the oath to be administered to the oath of the 
Si)ecial Jury in all cases of divorce, shall be in the words following, *^"'^^' 

viz : " You shall well and truly try the cause depending between 
A B, plaintiff, and C D, defendant, and a true verdict give according 
to equity and the opinion you entertain of the evidence produced 
to ycu, to the best of your skill and knowledge, so help you God." 

An Act to regulate the trial of Divorce cases. — Assented to Dec.|22, 

1840. Pam. 55. 

13. Sec. I. Be it enacted, That from and after the passing of 

29 



220 DIYORCES— 1840-'50. 



Exemption of Jury — Grounds for divorce — Cruel treatment — intoxication. 

Juryman this bill, Oil trial cf aiiy divorce case, it sh^ll te the duty of the 
Sgcd for Court, before striking off the Jury by the parties, to inquire of the 
tk-uSrii- F^i^sl whether any of such panel are under conscientious scruples 
pies. in such case, and thereupon to discharge from the eonsideraticn cf 

such case all who shall, under oath, swear that he or they have scru- 
ples of conscience in granting a divorce ; and if the panel shall there- 
upon be reduced to a number less than eighteen, the Court shall 
Panei^fiiied fortliAvith fill up tlic paucl with unexceptionable talesmen to the 
number of eighteen, to try such case, and from such panel the Jury 
for the trial of the cause shall be made. 

Sec. II. All laws and parts of laws militating against this Act, 
be, and the same are hereby repealed. 



up to le. 



An Act in relation io Divorces. — Approved Feb. 22, 1850. Pam. 151. 

Grounds for 14. Sec. I. Be it enactcd. That from and after the passage of 
divo'rcs^'^^^ this Act, the following shall be the grounds or legal principles upon 
granted, wliich divorccs from the bonds of matrimony shall be granted, to 
wit : 

Istly. Intermarriage by persons within the levitical degrees of 
consanguinity or affinity. 

' 2ndly. Mental incapacity at the time of marriage. 
3dly. Impotency at the time of marriage. 
4thly. Force, menaces, or duress in obtaining the marriage. 
5thly. Pregnancy of the wife at the time of marriage, without 
the knowledge of the husband. 

6thly. Adultery in either of the parties after the marriage. 
7thly. Wilful and continued desertion by either party for the term 
of three years. 

Sthly. The conviction of either party of an offence involving mor- 
al turpitude, and under which he or she is sentenced to imprisonment 
in the Penitentiary for the term of two years or longer, 
crue^ treat- 15. Sec. II. lu casc of crucl treatment on the part of one to- 
iiabituar in- ward the other of the parties, or of habitual intoxication, the Jury 
toxication. jj^^j^ accordiug to the circumstances of such case, determine wheth- 
er the divorce shall be from the bonds of matrimony or from bed and 
iDoard. 
Where col- 16. Sec. III. If the adultcry, or desertion, or treatment, or in- 
inutu"i°guiit, toxication complained of, shall have been occasioned by the collu- 
no divorce. ^^^^^ ^£ |}^g parties, and douc v^nth intention of causing a divorce, or 
if the party complaining was consenting thereto, or if both parties 
have been guilty of like conduct, then no divorce shall be granted. 
Partial di- 17. Sec. IY. All Other grounds than those stated in the first and 
vorce. second sections of this Act shall only be causes for divorce from bed 

and board. 
Acts revived 18- Sec. V. All laws uow of forco in relation to divorces and 
of for(^''^'^^^ the form of proceedings necessary to obtain them, that are not 
inconsistent with this Act, be and the same are continued in full 
force. 

LAW LIBRARY 

UNIVERSITY OF GEORGIA 
ATHENS. GEHRKIA 



DOYv^ER— 1807. 



227 



Widows' Eiectior. 



A71 Act for the relief of certain citizens of this State from any and 
all disabilities, paiiis and peiialties to luhich they may noiv be 
subjected to by laiv. — Approved Dec. 20, 1849. Pam. 282. 

Whereas, the Supreme Court of this State has decided that final 
divorces cannot be obtained, and are not authorized by lav/ for any 
cause arising subsequent to the marriage ; and tvhereas, there are 
many citizens, male and female, who have been divorced either by 
the judgment of the Superior Courts of this, or some other State ,• 
and ivhereas, there are those who now reside in this State, who have 
been divorced by the Acts and Resolutions of the legislative author- 
ity of other of the American States ; and ichereas, doubts are enter- 
tained as to the validity and legality of said divorces so obtained ; 
for remedy whereof: 

19. Sec. I. Be it enacted^ That where any person or persons Persons 
having been divorced as aforesaid, shall have heretofore married, or dedare^ m- 
shall hereafter contract in marriage, that the same shall be legal and lYpve'^f frj;^^! 
valid, and that all and every such person shall be exempt from all ^^ peiiauies. 
and every, the pains and penalties now prescribed against the crime 
of bigamy, and all privileges and immunities secured to the party i\\ 
the decree of divorce, shall be valid in this State : Provided, that 
this Act shall not extend to partial divorces, whether granted ui the 
State of Georgia, or elsewhere. 

Sec. II. All laws and parts of laws militating against this Act be 
and the same are hereby repealed. 



DOWER.* 



Sec. 1. Eleotion witHn twelve raontlis. 
*' 2. Issue and trial. 
" 3. Land in two Counties. 
" 4. Keturn raid Issue. 
" 5. Notice to parties. 
" 6. Surveyor. 

" 7. Admeasurement of Dower. 
** 8. Limit on Application. 



Sec. 9. Election. 

•' 10. Dower in proceeds of sale, 
"11. In two Tracts. 
" 12. Money in lieu. 
" 13, Notice to Kcpresentative.. 
'* 14. More tracts than one. 
^ " 15. Money in lieu. 



AnActjor the more effectually securijig the probate of Wills, limiting 
the time for Executors to qualify and Widows to make their elec- 
/io7i.— Approved Dec. 10, 1807. Vol. II. 381. 

Sec. I. and II. [See Executors, Administrators, &c. sees. 85, 86.] 

* As to mode of relinquishing dower, see Conveyances. &:c. sec. 15. Also for Act 
barring dower in lands conveyed by the husband during the coverture, sec. 29, or by 
Sheriff, sec. 59. Also as to dower in lands mortgaged by the husband, sec. 11. 



228 DOWER— 1807-'24. 



Widows' Election — Assisrnment of dower. 



Widows 1. Sec. IV. It shall be the duty of all widows, within one year 

Sdr eiJc-^ after the death of their husbands,* to make their electionf or portion' 

i2mcntiis? ^^^^ ^^ ^^^® ostato of the deceased ; and any such widow so failing to 

make her election, shall be considered as having taken her dower or 

thirds, and shall for ever after be debarred from taking any other 

part or portion of the said estate. 



A7i Act to authorize the Superior Courts of this State to appoint per- 
sons to assign and set off Dower and to prescribe the ?node of pro- 
ceeding therein. — Approved Dec. 7, 1824. Yol. IV. 214. 

ifthe right is Sec. I. [Rc-euacted, with amendments, in 1839, sec. 7.] 
Sv^to'^be" 2- Sec. II. In case any person or persons who may be interested 
Sed^b^^a"'^^^-^ Said land, shall traverse or deny the right of the applicant to snch 
special Jury dowcr (the grouuds of which traverse or denial shall be plainly and 
distinctly set forth in writing,) the Court shall order an issue to be 
made up, and the same shall be tried by a special Jury at the same 
term, unless it should appear to the Court that the principles of jus- 
tice should require a continuance, which may be allowed for one 
term, and no longer ; and the verdict of the Jury shall be final and 
conclusive between the parties, 
ifiandsare 3. Sec. III. When any person is entitled to dower in lands and 
15ounTS,^ p- ^^^^^^^^^^^^ situate in different Counties of this State, application shall 

plication to ]^q made in the manner and under the restrictions hereinbefore point- 
be made to -t^ 

the Superior ed out bv tlic Supcrior Courts in each of such Counties, and the 

Courts of 

each. writs granted by said Courts shall only extend to the laying off and 

assigning dower in the lands and tenements situate within the Coun- 
ty in which such application is made. 
Return to be ^- ^^C- I^- Thc pcrsous appointed for the purposcs hereinbefore 
made to the expressed, shall return their proceedings on such writs to the term of 
the Court, tlic Supcrior Court next ensuing the one at which they were grant- 
nai, unie^ss cd, there to remain of record, and which shall be final and conclusive 
Sown, between all the parties concerned, unless some person interested shall 
b^^t'rfed V^a ^^^^^ a good and probable matter in bar of the confirmation of such 
special Jury, assignment, or that the applicant is not entitled to so much as hath 
been assigned ; in which case the Court shall permit an issue to be 
made up and tried by a special Jury without delay, unless good and 
sufficient cause should be shown to the Court for a continuance, 
wnich may be granted for one term and no longer ; and if the Jury 
shall find in favor of the return and assignment already made, the 
same shall stand confirmed, but if they should find against it, the 
Court shall forthwith award another writ directing a new assignment, 
which shall be executed and returned as before directed, and which 
shall be final and conclusive to ail the parties : and in all cases where 

* After the granting of letters ; see sec. 9. 

fSee Act of Dec. 12, 1804, Executors Administrators, &c. sec. 25, as to the widow's 
e .ection and the effect of it. 

[1.] Ifthe widow dies within the 12 months, without electing, her administrator is barred 
of claiming any interest in the realty. 9 Ga. Rep. 



DOWER— 1824-'39. 229 



Notice — Surveyor — Appointment of Commissioners. 



the assignment so made is confirmed by the Court, writs of posses- 
sion, on the application of tlie person to whom dower is so assigned, 
shall be issued by the Clerk of the Superior Court from which the 
writ originally issued for such assignment, to give such person pos- 
session of the lands and tenements so assigned to them. 

5. Sec. Y. The persons so making the assignment shall in every Notice to be 

, ^ . . . ^ , ,^ . .^ , . / given to the 

case give to the parties in interest ten days' notice, it they reside parties. 
within the State, and if they reside without the State two months' 
notice, in one of the public gazettes of this State, of the time and 
place of making said assignment.^ 

6. Sec. VI. The persons makino; such assis-nment shall be au- ^^^y employ 

,.T . Vi oi •• -1 a surveyor. 

thorized to appoint and employ a surveyor to assist m executing the 
writ to them directed, who, together with themselves, shall be entitled His compen- 
to such compensation for their services as the Court shall deem rea- vwed fo^r?' 
sonable and just, and in case the person applying for said writ shall 
refuse or neglect to pay the sum awarded by the Court, execution 
shall be issued therefor as on a judgment. . 

Sec. VII. All laws and parts of laws militating against this Act 
be, and the same are hereby repealed. 



An Act to amend an Act to authorize the Superior Courts of this State 
to appoint persons to assign and set off DoiDcr, and prescribe the 
mode of proceeding therein, and to define h-)W Dower shall be laid off 
and assigned. — Assented to Dec. 21, 1839. Pam. 148. 

7. Sec. I. Be it enacted, That from and after the passage of this g^pg^ioj c,^ 
Act, the Superior Courts of this State shall have power and authority ^'I^^^'^^pp?'"^ 

' '- . , . . ^ -111 ^ freeholders 

upon the written application of any person entitled to dower in any to admeas- 
lands and tenements in this State, to appoint five fit and discreet free- "'^^ 
holders of the County in which the application is made, and cause 
to be issued by the Clerk of said Court, a writ for that purpose, to be writ, 
devised and framed according to the nature of the case, directing said 
freeholders., or a majority of them, to enter upon such lands and 
tenements, and to admeasure, lay off and assign the one-third part of 
said lands, including the tenements,^ having regard to the shape and 
valuation of such lands : Provided, the said land should be without , , . 

•n 1T1 /-I • iTi-i T Lands in a 

any corporate city, village or public place of business. And all lands city or vii- 
Avithin any corporate city, village or public place of business, it shall adS^suJId, 
be the duty of said freeholders, or a majority of them., to admeasure, 
lay off, and assign one-third part of all the lands, tenements, to which 
the applicant is entitled, according to quantity or valuation, as they 
may think proper, just and equitable. The persons so appointed, 
shall take the following oath : " I do solemnly swear, or affirm, that ^^^^^ 
I will duly and impartially execute the law to the best of my under- 
standing : so help me God."t Provided, that the persons so apply- 

*But see sec. 13. 

fThis oath may be administered by the County Surveyor ; see *' County Officers,'* 
sec. 64. 

[1.] The widow is entitled t© the possession of the tenements, before dower assigned, 3 
Kelly, 207. 



230 DOWER— 1S39-' 50. 



Notice — Limitation of Dower — Election of widows. 



imnieti^nin-^^'?' ^^^^^ §^^® iiotice of tweiity days if they reside within the State, 

tercst. and if they reside withont the State, three months' notice,* in one 

of the public gazettes of this State, their intended application for 

Proviso. such assignment of dower : and provided also, the application shall 

not be made until the expiration of three months after the death of 

the person to whom the said lands and tenements belonged. 

An Act to limit the time within which widows m^ay apply Jor the as- 
signment of Dower. — Assented to Dec. 21, 1839. Pam. 145. 

Appiieation 8. Sec. I. Be it enacted, That in all cases hereafter Yvdiere any 
Tyear^'^ '^^ liusbaud sliall die, application for the assignment of Dower shall be 

made by his Avidow, within seven years after his death, otherwise 

her right to dower shall be absolutely barred.^ 

An Act to alter and amend an Act entitled art Act for the more ef- 
fectually securing the Probate of Wills, limiting the time for Ex- 
ecutors to ciuaUfy and Widows to make their election, and to 
change the mode of ascertaining and fixing, in certain cases, the 
Dower of Widows. — Assented to Dec. 9, 1841. Pam. 138. 

Election 9. Sec. I. Be it eiiactcd. That from and after the passage of this 

yoHr'Ifte?^ Act, SO mucli of the above recited Act as requires all widows within 
\i"rSn^ or' ^^^ year after the death of their husbands to make their election or 
ofadminis- portion out of the cstato of the deceased be. and the same is hereby 

tration have- ,.,. ^ r i • i' n ^ i i r 

been grant- repealed ; and m lieu tnereoi, that it shall be tne duty ol every 
w^idow, within one year after letters testamentary or of administra- 
tion have been granted on her husband's estate, to make her election 
or portion out of the estate of the deceased, and failing so to do shall 
be subject to the disability in the above recited Act specified. 
May have 10. Sec. II. Each aiid cvcry widow, after having made her 
one-third'^of elcctioii of dowcr, may have her dower assigned out of such land or 
onheTale? ^^^^^^ as sho may be endowable, according to the laws now of force 
of the hind 111 this State, or by and with the consent of the executor or adminis- 

tljjring life. 

trator, or take one-third part of the proceeds of the sales thereof, 

which shall be held by such executor or administrator in trust, for 

the benefit of said widow, and after her death to revert to the estate 

of her deceased husband ;f Provided, that nothing herein contained 

shall authorize said executor or administrator to lessen said third part, 

Principal to but that the interest only thereof shall be paid annually to the widow 

be untouch- ^£ such dcccased husband ; a7id provided further, that the account 

Account betAveen the widow and the executor or administrator shall be in 

writing, and shall be recorded and filed in the office of the Clerk of 

the Court of Ordinary. 

An Act in relation to the assignment of Dower. — Approved Feb. 

23, 1850. Pam. 152. 

11. Sec. I. Be it enacted, That in all cases where commission- 

*See Act of 1850, sec. 13, as to notice. fBut see Act of 1850, sees. 12, 14, 15. 

[1.] This Act prospective. 7 Ga. 148. 



DOWER— 1S50. 231 

■ ' — '■ •^' —■ " 

Money in lieu of dower — Two tracts. 



ers are appointed to assign dower to any widow, and there shall be where two 
two or more tracts of land of her deceased husband in. the County, er ma'y be 
they shall be and are hereby authorized, if in their judgment it will '' 
promote the interest of all parties concerned, to assign and lay off to 
such widow her dower in one of said tracts instead of each, allowing 
to her such portion thereof as will be a just and fair equivalent for 
the dower in all said tracts.* 

12. Sec. II. Such commissioners, whether there be one or more Mjjj^^y ^m^^ 
tracts of land, shall, if they deem it of advantage to all parties con- or, by con 
cerned, with the consent of the widow and the legal representative of tifil" ^^*' 
her deceased husband, ascertain and assign to her a sum of money 
to be paid to her by such legal representative in lieu of dower in any 
or all of said tracts of land in the County, which sum shall be paid 
to her when the report of said commissioners is made the judgment 
of the Court. f 



An Ad to amend the several Acts in relation to the assignment of 
Dower. — Assented to Feb. 21, 1850. Pam. 153. 



13. Sec. I. Be it enacted. That from and after the passasre of Notice o.niy 

, . , , 1 • r 1 1 1 1 ^ . , t^i represent 

this Act, that persons applymg tor dower, mider the above recited ative of 
section, it shall only be necessary for the applicant to give the repre- ^""^ *^' 
sentative of such estate twenty days' written notice of such intended 
application, instead of giving ail the parties notice as now required 
by law. 

14. Sec. II. In all cases v/here commissioners are appointed to where two 
assign dower to any widow, and there shall be two or more tracts of or may i.'e ' 
land of her deceased husband in the same County, they shall be and o'f' oue. "'** 
are hereby authorized, if in their judgment it will promote the interest 

of all parties concerned, to assign and lay off to such widow her 
dower in one of said tracts instead of each, allowing to her such 
portion thereof as v/ill be a just and fair equivalent for her dower in- 
all of said tracts, the widow having the right to select the tract from widows' so- 
which her dower may be laid off. lection. 

15. Sec. III. Such commissioners, whether there be one or more sum nf mo- 
tracts of land, shall, if they deem it of advantage to all parties con- "r dowlr^fiy 
cerned, with the consent of the widow and the legal representative consent. 
of her deceased husband, ascertain and award to her a sum of money 

to be paid to her by such legal representative, as an equivalent for 
and in lieu of dower in any or all of said tracts of lands in the Coun- 
ty, v/hich sum shall be paid to her when the report of said commis- 
sioners is made the judgment of the Court. 

Sec ly. All laws and parts of laws militating against this Act, 
be and the same are hereby repealed. 

* See next Act. fSee next Act. 



232 



ELECTIONS— 1799. 



Election at Court-house — Presiding ofEccrs — Time of laoiding, 



ELECTIONS; 



Sec. 1. 



o. 

4. 

5. 

6. 

7. 

8. 

9. 
10. 
11. 
12. 
13. 
U. 
15. 
16. 
17. 
18. 
19. 
20. 
21. 
22. 
23. 
24. 
25. 
26. 



When and where held. 
Fraudulent returns, &c. and general 

provision^. 
Meeting of Legislature. 
Elections by ballot. 
Presidential elections. 
Voters entitled. 
Elections at precincts. 
Carriers of returns. 
Compensation. 
Superintendents. 
Their oath. 
Duties at polls. 
Consolidated returns. 
Freeholder's signature. 
Oath in doubtful cases. 
Constable's duty. 
Offenders. 

Freeholders' compensation. 
Hours for open polls. 
Duty of Justices of Peace. 
Contested Elections. 
Depositions. 
Notice. 
Reservation. 
Voting out of County. 
General oath. 



Sec.27. Out of the County. 
" 28. Freeholders — election by. 
"29- Electors Pres. and V. P. 
" 30. In case of failure to elect. 
"31. Or of Electors to attend. 
** 32. Senatorial districts. 
" 33. Keturns. 
" 34. Congressional districts. 
" 35. "Who may vote. 
'* 36. Residents only eligible. 
" 37. When and where held. 
" 38. Governor's proclamation. 
" 39. Vacancies. 
*' 40. Illegal voting. 
" 41. Taxes and residence of members. 
" 42. Time of closing. 
"43. List of voters. 

" 44. Apportionment of Representatives. 
" 45. Time of Pres. election. 
" 46. Changes, Congressional districts. 
" 47. Changes, Senatorial districts. 
" 48. Tim.e of Cong, election. 
" 49. Extra sessions. 
" 50. New precincts — how made. 
" 51. Freeholders — election by. 
" 52. Elections valid. 



An Act to regulate the Geiieral Elections in this State, and to ap- 
point the time of the meeting of the General Assembly. — Ap- 
proved Feb. 11, 1799. Vol. I. 199. 



Elections for 
members to 
tlie Legisla- 
ture and 
Congress 
to be held 
at the Court- 
house in 
each County. 
Presiding 
Justices. 
Sheriff to at- 
tend. 



Elections — 
when to be 
held. 



1. Sec. I. All elections for members to represent this State in 
the General Assembly thereof, and for Representatives in Congress, 
shall be held at the Court house or place appointed for holding the 
Superior Courts in the respective Counties, and the electors thereat 
shall vote viva voce.\ It shall be the duty of any three or more of 
the Magistrates of each County, not being candidates, J to preside at, 
and make returns of all elections for Senators and Representatives 
in the General Assembly, and Representatives in Congress ; and the 
Sheriff of each County, or his deputy, § is required to attend at such 
elections, for the purpose of enforcing the orders of the presiding 
Magistrates, and preserving good order. That the general elections 
shall be held annually, || on the first Monday in October. [The rest 
of this section, respecting the oaths of voters and the hours of open- 
ing and closing the polls, re-enacted with alterations.] 

2. Sec II. If the superintending Magistrates or officers at such 
elections shall make a fraudulent return, or they or either of them , 



*For mode of electing County officers, see that title. 

fBy ballot, sec. 4. In all the Counties, with very few exceptions, precincts have 
been established at places other than the Court house. 

JOne Magistrate and two freeholders, sec. 10. On neglect or refusal of Magistrates, 
two freeholders alone, sec. 28. But see Act of 1850, sec. 51. 

§0r Constable, or other persons appionted, sec. 16. 

II Biennially, under amended Constitution. 



ELECTIONS— 1799. 233 

Frai^dulent voting — Exemption from arrest — Congressional election. 

while superintending at such election, or any candidate, shall influ- f/t^^ng'^^or 
ence or endeavor to influence or persuade any voter not to vote as he u^^due ' 

.. -,, ini 1 1- means to ob- 

nrst designed or intended, or shall take any undue means to obtain tain or inHu- 
a vote, he or they shall forfeit for the first oflence, $100, to be re-howpms?- 
covered by information in any Court having jurisdiction thereof ; p^JJ-gij^d? 
and if a Justice, shall be forever disqualified from serving in the com- 
mission of the Peace ; and if a candidate, shall be thereby incapa- 
citated from serving in the post or place for which he may be elected. 
That if any person or persons whatsoever, shall, on any day appoint- :^^ygP^j^j^^J'_ 
ed for holdinff such elections, presume to violate the freedom of such rest, men- 

3.CG or 

election by any arrest, menace, or threat, or attempt to overawe, af- bribe any 
fright, or force any person qualified to vote, or offer any bribe to in- daJfofTiec-^ 
duce him to vote contrary to his inclination ; or shall, after said elec- afterwlrds*^^ 
tion is over, menace or despitefully use, abuse, or insult any person, '^^^^f^^^^^' 
because he hath not voted as he or they might have wished him, every vote, shaii 

, m T m • j_ t^ r ^ • ^ I'e bound 

such person so oiiending, upon suriicient proof oi such violence or over to the 
abuse, menacing, or threatening, before any Justice of the Peace, shall ^"^''^ ^^^^^' 
be bound over to the Superior Court, himself in $100, and two securi- 
ties in ^50 each, to be of arood behavior and abide the sentence of A"*! ^" '^•*"- 

viction fin- 

said Court, where, if the offender or offenders are convicted of such ed $iod, and 
offence as aforesaid, then he or they shall respectively for each of- niu"ed*^tiu' 
fence, forfeit a sum not exceeding $100, and be committed to jaiP^^^* 
without bail or mainprize, until the same be paid, which said fine 
so imposed shall be recovered by writ of fieri facias or ca. sa. is- 
sued and signed by the Clerk of said Court under and by virtue of 
the sentence of the same ; and the Sheriff of the County is hereby voters notiS 
required to levy such writ forthwith.* That no civil officer shall t don pam of 
execute any writ or civil process whatsoever, upon the body of any ^^ 
person qualified to vote at any election as aforesaid, either in his 
journey to, or return from, or during his stay there upon that ac- 
count, under a penalty not exceeding $500 : Pj^ovided, he shall not 
be more than four days on his journey going to, returning from, 
and stay at the place for holding said election ; to be recovered of and 
from the officer who shall serve any process or arrest as aforesaid, 
after such manner and form, and to be disposed of as hereinbefore 
directed ; and all such writs or civil process executed on the body of 
any person either going to, returning from, or being at the place 
where such election is appointed within the time before limited, he 
being qualified to vote thereat, are hereby declared null and void ; co^^rS to 
that at the s^eneral election, which shall be held for members of the I^? ^K'^^^,^ 

i^ I*""!! ^ n ~\r -I -^-^.n ir^ biennially. 

(jreneral Assembly on the first IVlonday in October, 1800, and at every 
second general election thereafter, the electors at such election 
shall vote for members to represent this State in the House of Rep- J*'^'.'' ^"^^* 

^ TT • 1 ri mi ncation. 

resentatives of the United States. f. That no person shall be elect- 
ed a Representative in Congress, who has not been an inhabitant of 
this State three years next preceding his election, and paid his tax 

*See Penal Laws, sees, 240, 241, for further proyisions against illegal votiiig, and buy- 
ing or selling votes. See also sec. 40, this title. 

tElection now by districts ; see Act of 1843, making further provisions as to Con- 
gressional elections, sec. 36. The year changed by Act of 1850, sec. 48. 

30 



234 ELECTIONS— 1799. 



Congressional election — In cases of vacancy — Meetings of Legislature. 

regularly during that time ;* nor shall he hold any office of profit 

under this State or the United States, during the time for which he 

The returns, mav be elcctcd a Representative. That the names of the several can- 

when Riicl 

hovy to be didatcs bc kept on separate papers, and the number and the names of 
the voters shall be sealed up, together with an accuro^te state of the 
poll, under the hands of the presiding Magistrates,! and transmitted 
by express to his Excellency the Governor, within twenty days af- 
ter closing the poll at such election, who is empowered to draw on 
the treasury for the payment of such express, not exceeding $2 per 
The Cover- day. That the Governor or Commander-in-chief, for the time be- 
iip tjie votes ing, shall, within five days after the expiration of the said twenty 
pmckma- days hereinbefore allowed for making returns, count up the votes 
mmibcr?Gf ^^'OHi the scvcral Counties, or such of them as may have made re- 
congress, tunis, for cach person, and immediately thereafter issue his procla- 
mation declaring the person having the highest number of votes and 
qualified as aforesaid, to be duly elected to represent this State in 
and <Trant tlic Housc of Representatives of the United States, and to srant a 

certificates . .* o 

thereof^ Certificate thereof, under the great seal of the State, to each of them : 
In cases of [Pror?.9o repealed by Act of 1843, sec. 41.] That where any two or 
emor'!h?u7 ^lorc pcrsous liavc an equal and the highest number of votes, [other 
cSon"°^ than those duly elected in the general poll,] then, and in that case, 
th3 Governor shall issue his proclamation directing a new election. 
Time within That in case any person duly elected, being in this State and noti- 
ccptance' ficd thcrcof in manner herein directed, shall not within twenty days, 
nSed.^ ^'^"and if out of this State within forty days after such notification, 
signify his acceptance, or shall depart this life, the Governor or Com- 
mander-in-chief, shall order a new election to be held in like manner 
Writs of as hereinbefore pointed out. That all writs of elections to fill va- 
fi'n vacan-'' caQcics that may happen for members of the General Assembly of 
whom^direc- ^^^i^ State, or H0US8 of Representatives of the United States, shall 
\^^-. , ^ be directed to the Justices of the Inferior Courts of the respective 
ty therein. Couutios, wlio are hereby required to give public notice thereof, and 
cause the same to be held in manner and form as hereinbefore point- 
Tiiree clerks ed out agreeably to such writ. That the presiding Magistrates at 
any election for members of the General Assembly of this State, or 
Representatives in Congress, are hereby empowered and required to 
appoint three clerks to attend the said elections, whose duty it shall 
Three rolls, be to koop three rolls. J 

Legislature 3. Sec. III. The General Assembly of this State shall, from 
the flrot and after the passing of this Act, meet on the first Monday in Nc- 
NovembcJ vcmbcr amiuaUy. || 



*And live Avitliin the district, sec. 36. Tax qualification repealed, sec. 41. 

fBy E-es. Dec. l-i, 1837, the Governor is requested to cause to be printed, copies of 
blank returns to be transmitted to the Clerk of the Sui^erior Court, in each County, 
-who is required to see that they are properly filled up. Pam. 276. As to transmitting 
returns, see sec. 8. 

jOne to be filed in Clerk's office ; see Act of 1845, sec. 43. 

IIBiennally, under amended Constitution. 



ELECTIONS— 1799-1824. 235 

Vote bv ballot — Elections of President and Vice President — Keturns, hov/ made and forwarded. 



An Act siippleme7itary to the foregoiiig. —AnjyioYed Dec. 4, 1799. 

Vol. 1. 202. 

4. Sec. I. In future, all elections shall be by ballot. FThe rest -^" eiectioiKs 

r , • • T ■ 1 1 I 1 1 1 ! 1 1 ^ 1 , to be by bal- 

01 this section, directing at what hours the polls shaU be opened and lot. 
closed, superseded by section 23. For the other sections of this Act, 
see Comity Officers, sees. 3 and 4.] 



An Act to prescribe the mode of cJioosing the Electors of President 
and Vice-President of the United. States, to lohich this State is 
entitled hy the Constitution of the United States. — Approved Dec. 
18, 1824. Vol. IV. 159. 

5. On the first Monday in November, 1828, and on the first Mon- JJj'^^j/^l^^ 
day in November of every fourth year thereafter,* an election shall electors of 

^ President 

be held throughout this State, at the several places of holding elec- andvice 
tions for Senators and Representatives in the General Assembly, for t^^'^xSted ^ 
the purpose of choosing Electors of President and Vice-President of ^'^'''^Jj*^^*'!.^^^^^^ 
the United States ; which elections shall be opened and closed at 
tiie same hour and in the same manner, and shall be superintended 
and conducted by the same Magistrates and officers, as by law sha.ll 
be authorized to superintend and conduct the general elections of this 
State. 

6. Sec. II. At the said elections, every person entided to vote J]^J|[5^^/o^® 
for members of the General Assembly, or Representatives to Con- vote, 
gross, may vote for a number of persons equal to the whole number 

of Representatives and Senators to which this State may be entitled 

in the Congress of the United States ; and that it shall be the duty 

of the Justices or Magistrates presiding at the elections to be held J^hmifuV'^ 

under the authority and accordino^ to the provisions of this Act, to ^f turns of 

J o 1 7 l]ig election 

make immediate returns to the Governor of the State of the result sh;iii be 
of said elections ; Avhich returns shall clearly exhibit the number of ''^"^ ^' 
persons voting for Electors, the number of votes given in, the names 
of persons voted for, and the number of votes which each may ha,ve 
received. 

7. Sec. III. In Counties where by law the votes for members of Jf*^^^^'* ^hen 
the General Assembly shall be 8:iven at different pla.ces, it shall be election difs^ 

" • . tricts ill 3. 

the duty of the persons presiding at the different district elections to County. 
meet and consolidate thd returns of the district elections, as by law 
required to be done at the general elections ; which consolidated re- 
turns, exhibiting the result of the elections, as required by the second 
section of this Act, they shall immediately forward to the Governor 
of this State. f 

[Secs. IV, V and VI superseded by Act of 1843, sees. 29, 30, 31.] 

*Tuesday after the first I^Ionday, sec Act of 1845, sec. 45. 

fElcctors' pay .^8 per diem and mileage: resolution of 1836, pam. 29 of Resolutions. 



236 ELECTIONS— 1828-'30. 



Supermtendeiits— Their duty and oath. 



An Act for the payment of such person or persons as may be em- 
ployed by the Superiiitendents of the Elections of Electors of 
President and Vice-President of the United States, of Goveimor 
of this State, and Members of Congress, in the several Counties 
of this State, to take the same to the Seat of Government. — Ap- 
proved Dec. 22, 1828. Vol. IV. 178. 

The persons g. From and after the passa^re of this Act, it shall be the duty of 
take to the the officcrs who may. superintend the election of Electors of President 
Irnment t'he and Vicc-Prcsident of the United States, of Governor of this State, 
ua-nsTf '^^" ^-nd members of Congress in the several Comities of this State, to 
and^vfc"^ transmit by mail to his Excellency the Governor the result of said 
President of elcctions, as soou thereafter as practicable : and in those Counties 

the United , ., • i • i r ' \ ^ • i 

States, where no mail passes withm seven days after the elections are deter- 
mined, to the seat of government, it shall be the duty of the aforesaid 
superintendents of said elections to transmit the same to his Excel- 
lency the Governor, by a special messenger, to be by them employed 
for that purpose, 
shall be paid 9. Sec. II. Such pcrson or persons as maybe employed by the 
Setiraoniie officers Superintending the elections aforesaid, according to the pro- 
Executive. yigions of tliis Act, shall receive for the service by them so rGiidered 
such sum as may be deemed by his Excellency the Governor just and 
proper, and that the same be paid out of the contingent fund. 



An Act to prescribe the manner of holding ele^^tions at the several 
Election Districts in the several Counties of this State, and to 
punish those who may defeat or violate the election laws of force 
i7i this State. — Approved Dec. 23, 1830. Pam. 105. 

Who shall iQ From and after thS first day of June next, one Justice of the 

superintend •' " 

general eiec- Inferior Court, or one Justice of the Peace and two freeholders, or 

district. two of tlic aforcsaid Justices, and one freeholder,* shall superintend 

the elections, in each and every election district, which now is, or 

which hereafter may be established in any of the Counties of this 

State, for the election of Governor, members of Congress, members 

of the General Assembly, Electors of President and Vice-President, 

or County officers. 

Oath of the 11. Sec. II. The freeholders afoicsaid sliall iiot be Competent to 

supermen " gi^^pej-p.^^gv^j ^j^g clectious aforcsald, until they and each of them shall 

first have taken the following oath, viz : "I, A B, do solemnly 

swear (or affirm) that I am a freeholder, resident in this County of 

, that I will faithfully superintend this day's election, and make 

a just and true return thereof, according to law, and to the best of 

my ability, so help me God." 

Shall re- 12. Sec. III. The superintendents, or a majority of them, of 

colmtthe^ tlic district elections in the several Counties of this State shall, and 

«at*ement^o^f ^^^7 ^^^ hereby required, on the day of the elections by them held^ 

the polls, Sec. 

*Three freeliolders, in certain cases ; see Act of 1850, sec. 51. 



ELECTIONS— 1830. 237 



Consolidated returns — Oath of voters in certain cases — Constable's duty. 

in the respective districts, and at the places designated by law, for 
holding such elections, to receive and count out the votes by iuem 
taken in, keep a fair statement of the polls, and conduct the elections 
in all respects, according to the election law of this State now in 
force, 11th February, 1799, so far as said law is now in force. 

13. Sec. IV. It shall be the duty of one, or more of the superin-^jjjf"j|jfj.f ** 
tendents of the district elections in the several Counties of this State, house to add 
to meet at the Court-house of their respective Counties, on the day refumf and 
after the election, and then and there, together with the superintend- theuove^-^^ 
ents of the election held at the Court-house, or a majority of them, ^^^' 

and count, compare, and add together the returns to them produced 
by the superintendents of the district elections of the County, and 
return and certify to the Governor the result of the elections for that 
County, agreeably to the election law of force in this State, passed 
the 11th day of February, in the year 1799.* 

14. Sec. V. All returns of district elections, made by freeholders Freeholders 
in their several Counties, according to the provisions of this Act, lurn? ^^" 
shall be signed by them as such. 

15. Sec. YI. When any doubt shall be suggested as to the le- fn""'*"' ''^'*' 



--_ doubtful 

gality of any vote offered at any election, held in any election dis- '=^^^^- 
trict, in any of the Counties of this State, it shall be the duty of the 
superintendents of such election, before receiving such vote, to ad- 
minister to the person offering it, together with the oath now pre- 
scribed by law, the following oath, viz : '' I, A B, do solemnly swear 
(or affirm) that I have not this day voted at any election, held at any 
place in this State, for Governor, members of Congress, Electors of 
President and Vice-President, members of the Legislature, or County 
officers, so help me God."f And it shall be the duty of the su]>er- Listof aii 
intendents of such elections, to return to the Clerk of the Inferior y,voyj^^t^i,e 
Court a list contaming the names of all voters, who have taken the ""eturned to 
oath prescribed by this section of this Act, which list shall be filed 
in the office of said Clerk. 

16. Sec. VII. The duties of Sheriff, as pointed out by law, at the constable or 
district elections in this State, shall be performed by any Constable pSSper- 
or any other person appoint sd by the superintendents, and that said tT^ntloT^ 
election shall in all respects, except those herein recited, be conduct- ^i^eriff. 

ed in the manner, and with the solemnities, and at the places pre- 
scribed by the laws now in force in this State, regulating general 
and County elections. 

17. Sec. VIII. If any person shall vote at more than one place Penalty 
of holding elections in any County of this State, at any election for behaving' 
Governor, members of Congress, Electors of President and Vice-Pres- 
ident, members of the Legislature, or County officers,^ or if any 
.Justice as aforesaid, or freeholder presiding at any election in any of 
the districts of any County of this State, shall in manner fail to per- 
form the duties herein required of him, or shall violate the trust 
herein confided to him ; such person, Justice of the Peace or fre j- 
holder, shall be deemed guilty of a high misdemeanor, and upon 

*See Act of 1845. 

tSee sees. 26 and 27 for other oaths. 

JSce Penal L-^v/fi, sees. 2i0 and 211 ; Act oP ISI.*^, 90'^. 10, th's ti^'^o 



on 
mis- 



23S ELECTIONS— 1830-^31. 

Hours for opening and closing polls — Eridence in contested elections. 

conviction thereof before the Superior Court, or any of them of this 
State, shall be punished according to an Act, passed in the year 1799, 
regulating general elections, and the penalties therein prescribed for 
the violations of the said law by the Magistrate or superintendents, 
is hereby extended to persons voting contrary to the provisions of 
this Act. 

Sec. IX. [Illegal voting, superseded by Penal Code, sees. 240 

and 241 ; see sec. 40 of this title.] 

sstosiipcr- 18. Sec. X. Tiie Magistrate or freeholder who shall carry the 

caSringre-'^ district election returns to the Court-house, according to the provi- 

court-'house slous of this Act, shall, in all the Counties in the Eastern Circuit, 

i,'^'^^-"'^ except the County of Bulloch, be allowed the sum of three dollars. 

to be paid out of the County treasury of the respective Counties of 

said district, as aforesaid. 

Houi^of 19. Sec. XL The elections held at the several election districts 

citwing'poiis. in this State, shall be opened between the hours of seven and ten in 

the morning, and shall be closed at the hour of six in the evening.* 

Th«jH?ticcs 20. Sec XII. It shall be the duty of the tv/o Justices of the Peace, 

of Pg3.cg to . . • 

cam; this in their respective districts, where precinct or district elections are 
feeV'"^*'^^ held, to carry this law into effect. 

Sec XIII. All laws or parts of laws militating against this Act 
are hereby repealed. 



An Act to regulate the future Elections of Members of Congress in 
this State. — Approved Dec. 23, 1831. Pam. 124. 

[The provisions of this Act superseded by the district system.] 



An Act prescrihing the manner of taking testimony in cases where 
any person intends contesting tJie seat of any member returned as 
elected (I Senator or Representative of ihe Legislature of this State. 
Approved Dec. 24, 1831. Pam. 132. 

Eithpr pam- 21. Sec I. Whcu any person hereafter intends to contest the 
entitiea to 5 ^^^^ ^f ^^^y persou returned as elected a member of the House of 

days- notice ' i 

uf the taking ^Representatives or of the Senate, the person intendins: to contest or 
tien^ ^ object to the seat of the member or members of the House of Repre- 
sentatives or of a Senator who may have been returned as elected, 
shall give the adverse party five days' notice in writing with the name 
of the witness or witnesses, and the place where he intends to take 
the testimony, so that he may appear at the time and place, to put 
cross questions if he thinks proper ; and the person returned as elect- 
ed, shall, where he intends to take testimony, give the other party 
notice in like manner : Provided, nothing herein contained shall be 
so construed as to prevent either party from attending in person or 
by attorney. 

*Bv Act of Dec. 4, 1799, from 7 a. m. to 6 p. m. Vol. L 202 ; see Act of 1843, cliang- 
in-T tlic time of closing to o p. m. sec. 42. 



ELECTIONS~1833-'35. 239 



Evidence in contested elections — Oaths of voters. 



22. Sec. II. Wiiere either party intends to take testimony, going iyr£Taken 
to prove the legality or illegality of a vote given to either, or tlie ^--corJingiy. 
constitutionality of his qualifications, the same shall be taken in man- 
ner aforesaid, and within twenty days after the election, and not af- ^o"da>i^""' 
ter that time. 

23. Sec. III. The person intending to contest the seat of any ^,^^'.^ f^'^' 
member of either branch of the General Assembly of this State, or'^Hitijutu 
object to the same, shall before he proceeds to take any testimony, seu't.*^^' 
give live days' notice to the member or members of the House of 
Representatives, or member of the Senate, in writing, of his inten- 
tions of contesting their seat or seats, and the testimony taken in 
manner aforesaid, shall be taken and acted upon in such manner as 
either branch of the Legislature may deem best calculated to insure 
justice to the parties. 

24. Sec. lY. Nothing in this Act shall be so construed as to re- Not to affect 
peal or in anywise destroy the operation of the several laws now iniaw:^.*^'' 
force regulating the election of members to the General Assembly of 

this State. 



An Act to authorize the citizens of this State to vote in cei'tain cases, 
out oj the Counties in which they I'cside. — Approved Dec. 21, 1833. 
Pam. 94. 

25. In all elections hereafter to be held for Governor, or Electors voters may 
of President and Vice-President of the United States, and upon all [iKlS^/Su'ilty 
questions and subjects whereon the voice of the people of Georgia '■" '""'^'"i 

11-ni 1-111 1 i: r o^^ occasions. 

may be desn*ed to be expressed, it shall and may be lawful for any 
citizen of this State who may be entitled to vote for such officers or 
upon such questions in the County of which he is a resident, to vote 
for or upon the same, in any County of this State : Provided, he 
shall not have voted elsewhere for such officer, or upon such question 
or subject. 



A71 Act to alter and amend the Oath to be administered to Voters at 
Elections in this State. — Approved Dec. 22, 1835. Pam. 160. 

26. Sec. I. That from and after the passage of this Act, theoathef^o- 
oath required by law to be administered to voters at elections for J^^";* j"""^ ^^ 
members of the Legislature, and other civil officers of this State, 

shall be as follows : I, , do solemnly swear or affirm (as the 

case may be) that I have attained to the 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 according to law ; that I am a 
citizen of the United States, and have usually resided in this County 
for the last six months, and have considered it my home or place of 
residence during that period, so help me God. 

27. Sec. II. Where any person applies to vote for Governor, out of their 
members of Congress, or Electors of President and Yice-President of ^"^""^^^ 
the United States^ out of the County where he resides, and the pre- 



240 ELECTIONS— 1835. 



Oaths — Justices failing, freeholders superintend — Proceedings on faiku'e to elect Electors. 

siding Magistrates shall have doubts as to his right to vote, they shall 

administer to him the following oath. I, -, do solemnly swear 

or affirm (as the case may be) that I have attained to the age of 
twenty-one years ; am a citizen of the United States, and have usual- 
ly resided in this State for the last six months, and have considered 
it my home or place of residence during that period ; and have paid 
all legal taxes which have been required of me and which I have had 
an opportunity to pay agreeably to law, so help me God. 



An Act to compensate the Superintendents of Precinct Elections in the 
County of Troup), and to change {he place of holding the Frecinct 
Election west of Chattahoochee from Goss^ store to the west hank of 
the Chattahoochee river, at the Town of Vernon in said County* — 
Approved Dec. 21, 1835. Pam. 89. 

Sec. I. IT. and III. [Local, relating to the County of Troup.] 
Justices fail- 28. Sec. IV. Whenever the Justices of the Inferior Court, or the 
Ty maTbe^^ Justiccs of the Pcacc shall refuse or neglect to organize and carry on 
S-eehoidws^^ ^^^^ elcctiou at tlic Court house of any County or at any precinct ac- 
cording to law, by the hour of ten in the morning of such election 
day, that then and in that case it shall and may be lawful for any 
two or more freeholders of the County to hold said election, and re- 
ceive all lawful votes tendered, and the votes so received by the said 
freeholders shall be received and counted in making up the result of 
said election.* 



An Act to amend an Act entitled an Act to prescribe the mode of choos- 
ing the Electors of President and Vice-President of the United States, 
to which this State is entitled by the Constitution of the United 
States, passed Dec. ISth, 1824. — ^Assented to Dec. 23, 1843. Pam. 
53. 

Votes for 29. Sec. I. Be it enacted, That it shall be the duty of the Gov- 

counted.^'^ ^ cmor ou the 18th day after said election shall have taken place, to 
make out a consolidated return of the number of persons voting for 
Electors, the names of the persons voted for, and the number of votes 
Notice to received by each, and immediately to notify those persons who may 
those eiect'd.j^g^^g rcccivcd a numbcr of votes amounting to a majority of the per- 
sons who shall have voted for Electors, of their election, and require 
their attendance at the time and place required by law, to vote for 
consoiidat'd a President and Vice-President of the United States — said consolidat- 
returii. g^ return, when so made out, shall be laid before the General Assem- 
bly, if in session. 
Ob failure to 30. Sec. IL In the event that a majority of the number of Elec- 
tors to which this State may be entitled at any election for President 
and Vice President, shall not have received a majority of the votes 
polled as aforesaid, and there being no General Assembly in session, 



*Bnt '^c- Act of 1850. ^e?.. 51. 



ELECTIONS— 1843. 241 



Proceedings on failure to elect Electors — Senatorial Districts. 



it shall be the duty of the Governor to convene the General Assem- ^^^n^ai /a, 
biv'; which when assembled, shall proceed by joint ballot to the elec- i" ^^-^-^i^jn ^ 
tion of Electors for President and Vice President of the United States ; 
but in the event that at least a majority of the whole number of 
Electors to which this State may be entitled, shall be elected in man- 
ner aforesaid, then and in. that case, it shall be the duty of the Elec- 
tors so elected, or a number of them amounting at least to a majority Amajority 
of the whole number to which this State may be entitled, to fill by "Sies. 
ballot at the time and place appointed by law for the meeting of the 
Electors, any vacancy that may exist in their body, eitj^ier by non- 
election of the full number, resignation, failure to attend, refusal to 
act, jor from any other cause whatever. 

31. Sec. HI. In the ev^ent that at least a majority of the whole on failure to 
number of Electors to which the State may be entitled, at any elec- majority* 
tion, shall be elected in manner aforesaid, and from any cause what- "7^.^ ^^"®; 

"... ' -' ral AssembJy 

ever a maiority of said whole number shall not attend at the time t" I'e con- 

. vened 

and place appointed by law for casting their votes for President and 
Vice President of the United States to fill vacancies in their body, 
and cast their votes as aforesaid, or when a majority of said Electors 
shall not be elected, it shall be the duty of his Excellency the Gov- 
ernor forthwith to convene the General Assembly, who shall by joint 
ballot proceed to fill any vacancy or vacancies which may have oc- 
curred, in any manner whatever, in their body. 

All Act to carry into effect the alterations and amendments made at this 
session of the General Assembly, in and to the third and seventh sec- 
tions of^ the first Article of the Constitution of this State. — Assented 
to Dec. 23, 1843. Pam. 17. 

Sec. I. [Repealed by Act of Dec. 27, 1845.] 

32. Sec. II. The Senate shall consist of forty-seven members, senatorial 
to be elected, one from each of the Districts hereinafter mentioned, 

to wit : 

The first, to consist of the County of Chatham. 

The second, to be composed of the Counties of Bryan and Lib- 
erty.* 

The third, to be composed of the Counties of Mcintosh and Glynn. 

The fourth, to be composed of the Counties of Wayne and Cam- 
den. 

The fifth, to be composed of the Counties of W^are and Lowndes. 

The sixth to be composed of the Counties of Appling and Mont- 
gomery. •' 

The seventh, to be composed of the Counties of Tatnall and Bul- 
loch.* 

The eighth, to be composed of the Counties of Effingham and 
Scriven.* 

The ninth, to be composed of the Counties of Bufke and Eman- 
uel.* 

* Changed by Act of 1850, sec. 47* ' 

31 



24^ ELECTIONS— 1843. 



Senatorial Districts. 



dSc?^ The tenth, to be composed of the Counties of Laurens and Wil- 
kinson. 

The eleventh, to be composed of the Counties of Telfair and 
Irwin. 

The twelfth, to be composed of the Counties of Decatur and 
Thomas. 

The thirteenth, to be composed of the Counties of Baker and 
Early.* 

The fourteenth, to be composed of the Counties of Randolph and 
Stewart.* 

The fifteenth, to be composed of the Counties of Lee and Sum- 
ter.* 

The sixteenth, to be composed of the Counties of Muscogee and 
Harris.* 

The seventeenth, to be composed of the Counties of Houston and 
Macon.* 

The eighteenth, to be composed of the Counties of Talbot and 
Marion.* 

The nineteenth, to be composed of the Counties of Pulaski and 
Dooly.* 

The twentieth, to be composed of the Counties of Twiggs and 
Bibb.* 

The twenty-first, to be composed of the Counties of Washington 
and Jefferson.* 

The twenty-second, to be composed of the Counties of Richmond 
and Columbia. 

The twenty-third, to be composed of the Counties of Warren and 
Talliaferro. 

The twenty-fourth, to be composed of the Counties of Hancock 
and Baldwin. 

The twenty-fifth, to be composed of the Counties of Putnam and 
Jones.* 

The twenty-sixth, to be composed of the Counties of Monroe and 
Pike.* 

The twenty-seventh, to be composed of the Counties of Crawford 
and Upson. 

The twenty-eighth, to be composed of the Counties ef Meriwether 
and Coweta.* 

The twenty-ninth, to be composed of the Counties of Troup and 
Heard.* 

i....i^ The thirtieth, to be composed of the Counties of Carroll and Camp- 
bell.* 

The thirty-first, to be composed of the Counties of Fayette and 
Henry.* 

The thirty-second, to be composed of the Counties of Butts and 
Jasper.* 

The thirty-third, to be composed of the Counties of Newton and 
Walton.* 

The thirty-fourth, to be composed of the Counties of Morgan and 
Greene. 

* Changed by Act of 1850, sec. 47. 



ELECTIONS— 1843. 243 



Senatorial J ) istricif* — Coi) fjrcssioual Districts. 



I 



Tiie thii'ty-fifth, to be composed of the Counties of Wilkes and i)*i"tr|^'[^*' 
Lincoln. 

The thirty-sixth, to be composed of the Counties of Elbert and 
Pranklin.* 

The thirty-seventh to be composed of the Counties of Oglethorpe 
and Madison.* 

The thirty-eighth, to be composed of the Counties of Clarke and 
Jackson.* 

The thirty-ninth, to be composed of the Counties of Gwinnett and 
DeKalb.* 

Tiie fortieth, to be composed of the Comities of Paulding and 
Gass. 

The forty-fu'st, to be composed of' the Counties of Cobb and 
Cherokee. 

Tlic forty-second, to be composed of the Counties of Forsyth and 
Hall.* 

The forty-third, to be composed of the Counties of Habersham 
and Rabun. 

The forty- fourtii to be composed of the Counties of liUmpkin and 
Onion. 

The forty-fifth, to be composed of the Counties of Gilmer and 
Murray. 

The forty-sixth, to be composed of the Counties of Walker and 
Dade. 

Tlic forty-seventh, to be composed of the Counties of Floyd and 
dhattooga. 

33. Sec. III. The managers of elections in the several Counties Manitgrri in 
in this State, shall be required to meet at their several Court houses, ^''^"^ "unry 

' i • , 'to mate© re- 

^ now prescribed by law, and count up the votes polled for Senator turu. 
at the several election districts in their respective Counties, and trans- 
mit a return of the same to the Governorj who shall examine said 
returns, and the person having the highest number of votes, shall be pi-sciama- 
declared vSenator in the manner above pointed out, and the Governor^'"" of Gov 

^ . i ' crnur; 

siiall give notice ot the same by proclamation. 

Sec. TV. All laws and parts of laws militating against this Act, 
^e and the same are hereby repealed. 



An Act to lay off and divide the State into eight. Congressional dis- 
tricts ;f and to point out the mode of electing members to Congress 
in each district; and to provide against illegal voting. — Assented 
to Dec. 23, 1843. Pam, 54. 

34. Sec I. Be it enacted. That from and after the passage of co;,g,-es- 
tliis Act, the State of Georgia shall be laid off into eight Congres- f^l^^^ ^''^' 
sional districts, in the follow^ing manner, to wit : 

Sec. il. That the Counties of Camden, Glynn, Wayne, Mcln- p^rst. 
tosh, I^iberty, Bryan, Chatham, Effingham, Bulloch, Montgom.ery, 



*C}:ar>;z2d by Act of 1850, sec. -17. 

tForriier Act, 1825, Vol. IV. 161, repealed 1826. lb. 168. 



244 



ELECTIONS— 1843. 



Cousjressiouai Districts. 



Tatnall, Appling, Ware, Laurens, Emanuel, Lowndes, Telfair, and 
Thomas, shall compose the first district.^ 

That the Counties of Houston, Decatur, Early, Baker, Lee, Ran- 
dolph, Stewart, Sumter, Dooly, Muscogee, Marion, Macon, Irwin 
and Pulaski, shall compose the second district. 

That the Counties of Harris, Talbot, Crawford, Twiggs, Upson, 
Monroe, Bibb, and Pike, shall compose the third district. f 

That the Counties of Troup, Meriwether, Heard, Coweta, Fay- 
ette, Campbell, Carroll, Henry, and Newton, shall compose the fourth 
district. J 

That the Counties of Dade, Walker, Chattooga, Floyd, Cass, Paul- 
ding, Murray, Gilmer, Cherokee, Cobb, DeKalb, Gwinnett, and For- 
syth, shall compose the fifth district.^ 

That the Counties of Union, Lumpkin, Habersham, Rabun, 
Franklin, Hall, Jackson, Madison, Elbert, Clarke, and Walton, shall 
compose the sixth district. || 

That the Counties of Morgan, Green, Talliaferro, Putnam, Jasper, 
Butts, Jones, Baldwin, Yf ilkiiison, and Oglethorpe, shall compose the 
seventh district. H 

And that the Counties of Wilkes, Lincoln, Columbia, Riclnnond, 
Burke, Scriven, Jefferson, Warren, Hancock, and VYashiagton, shall 
compose the eighth district. "^^'^ 

35. Sec. III. All persons residing in each of the congressional 
districts aforesaid, entitled under the laws of this State to vote for 
members to Congress, shall be entitled to vote for one member to 
represent the district m which he may reside, in the Congress of the 
United States, and no more. 



Second. 



Third. 



Fourth. 



Fifth. 



Sixth. 



Seventh. 



Eiffhth. 



Residents in 
the district 
to vote. 



Residents 
alone eligi- 
ble. 



Elections — 
how and 
where held. 



Governor's 
proclama- 

tJOUr 



36. Sec. IV. No person shall be eligible to represent any of the 
said congressional districts, who does not at the time of his election, 
reside within the said district ; nor shall any person be entitled to 
vote for a member to Congress, in any district other than the one in 
which he resides, 

37. Sec. Y. All elections for a member to Congress shall be held 
at the time prescribed by existing laws,tf for members to Congress,, 
and shall be held at the places or election precincts in each County 
composing said districts as are or may hereafter be establislied by 
law for holding elections for members to the State Legislature, and 
conducted and returned in the same manner as is now prescribed by 
law for the election of members to Congress. 

38. Sec. YI. The person having the highest or greatest number 
of votes in each of their respective districts, shall be -declared by^ 
proclamation from the Governor, duly elected, and commissioned ac- 
cordingly, under the provisions of the laws of this State, touching 
the election and qualification of members to Congress. 

* Scriven added, Laurens taken away, sec. 40. 

fButts, Jasper, Jones, and Wilkinson added, and Harris taken away, sec. 45, 
JHarris and DeKalb added, Newton taken away, sec. 46. 
f [Tnion and Lumpkin added, DeKalb taken away, sec. 46. 
II Newton added ; Union, Elbert, and Lumpkin taken away, sec. 48. 
•UHancock, Wasliington, and Laurens added ; Butts, Jasper, Jones, and Wilkinson 
taken away, sec. 46. 

**Elbert added ; Hancock, Washington, and Scriven taken away, sec. 46. 
tj-But see Act of ISoO, sec. 48. 



ELECTIONS— 1843-'45. 245 

ConG;rc5sional election — Time of closiutr polls — List ot voters. 

39. Sec. VII. When any vacancy may happen in any or either vacancy— 
of said districts, by death, resignation, or otherwise, for a member to '^''*^ ^"^^' 
Congress, such vacancy shall be filled by the persons of the district 
entitled to a vote, agreeable to the provisions of the ninth section of 

this Act. 

Sec. VIII. [Temporary.] 

40. Sec IX. Any person who shall vote for a member of Con- penalty for 
gross, under this Act, in any other district than the district in which ing."^ 

he may reside at the time of voting, or may be legally entitled to 
vote, or shall vote more than once in his own district, at the same 
election, shall be guilty of a misdemeanor ; and on conviction there- 
of, shall be punished by fine of not less than one hundi'ed dollars, 
nor more than five hundred dollars, at the discretion of the Court. 

41. Sec. X. So much of the Act approved on the 11th day of ^f-rtificat© 
February, 1799, as provides in the second section thereof, that noandresi- 
certificate or ccmmission ihall issue to or for any such person so elect- peiS with, 
ed until satisfactory proof is produced that the tax of such person 

has been regularly paid, and that he has actually had the residence 
therein prescribed, be and it is hereby repealed. 

Sec. XI. All laws and parts of laws militating against this Act, 
be and the same are hereby repealed. 



All Act to change the time of closing the polls at the spveral election 
precincts^ in the several Counties in this State. — Assented to Dec. 
27, L843. Pam. 51. 

42. Sec. I. Beit enact ccL That from and after the first day of i^i'ie of 

•' closin'^ 

Februarjr next, the time oi closing the polls at the several election pjiiss" p.m. 
precincts in the several Counties in this State, be changed from six 
o'clcck to the hour of five in the afternoon; any law to the contra- 
ry notwithstanding. 



An Act to compel the siqiermtetidents of elections held for Governor, 
Members of Congrtss, Senators and Representatives in the State 
Legislature, to file in the office if the Clerk of the Superior Court, 
one list of the voters at said ehdiGns. — Approved Dec. 10, 1845. 
Pam. 26. 

43. Sec I. Be if enacted ^ That hereafter the superintendents of List of vot- 
elections held for Governor, members of Congress, Senators and ejVn ck-S''. 
Represe]]tatii^es in the State Legislature, shall file in the oflice of "^^''*'- 
the Clerk of ,the Superior Coiirt of the County where such elections 
may be held, one list of all the voters who may have voted at said 
■elections v/ithin the County, which said list shall be kept by said 
Clerk for public inspection. 

Sec II. All lavv^s and parts of laws militating against this be 
and the same are hereby repealed. 



246 ELECTIONS— 1845-'50. 



Appcrtionrneat of Ile| rchcntatives — Conri^reHsior. al Districts. 



An Act to upportLO.'L tltc llcpres<:tUatives among the. !^evc/ral Coniities of 
tills Slate, (iccording to tlir. scvaUh section of tkf first article of (h6 
Constitution. — Assented to Dec. 27, 1845. Pam. 16. 

Apportion- 44. Bs it enacted, Tliat iiutLi the next apportionment of Repre- 
S&euuitivos^sentatiTes among the Counties of this State, the representation of 
the several Counties shall be as follows, to wit : The Counties of 
. . Bibb, Burke. Cass, Chatham, Cherokee. Clarke, Columbia, Cobb, 

Coweta, DeKalb, Elbert, Franklin, Greene, Gwiniiett, Habersham, 
Harris, Henry, Houston, Jasper, Lumpkin, Merriwether, Monroe^ 
Muscogee, Newton, Oglethorpe, Pike, Putnam, Pt.andolph, Richmond, 
Stewart, Talbot, Troup, Upson, Wahon, Warren, Washington, and 
Wilkes, being the thirty-seven counties having the greatest repre- 
sentative population, shall each have two Representatives; and th© 
Counties of Appling, Baker, Baldwin, Bryan, Bulloch, Butts, Cam- 
den, Campbell, Carroll, Chattooga, Crawford, Dade, Decatur, Doc4y, 
Early, Effingham, Emanuel, Fayette, Floyd, Forsyth, Gilmer, Glynu, 
Hall, Hancock, Heard, Irwin, Jackson, Jefferson, Jones, Laurens^ 
Lee, Liberty, Lincoln, Lov/ndes, Macon, Madison, Marion, Mcin- 
tosh, Montgomery, Morgan, Murray, Paulding, Pulaski, Rabun, 
Scriven, Sumter, Talliaferro, Tatnall, Telfair, Thomas, TwiggSy 
Union, Walker. Ware, Wayne and Wilkinson, shall be entitled each 
to one Representative. 



An Actio alter tlic time for iJie elccfioa of Electors of Preddcnt and 
Vice President of the United States. — Approved Dec. 27', 1845. 
Pam. 45. 

Election of 45. Br It enacted^ That the election of Electors of President 
and Vice and Vico President of the United States, shall hereafter be held on 
Tuesday* r" thc Tucsday next after the first Monday in iS^ovember, of the year 
day^/nNov? ^^^ which tlicy are to be elected ; and that all laws now of force in 

relation to said election, shall apply to that day instead of the day 

heretofore fixed by law. 



An Act to alter and amend an Act entitled an Ac' to lay off and divide 
the State into eight Congressional Disti^icts, and to point out ihs 
viode of electing nienihers to Congress in each District, and to 
provide against illegal voting, assented to Deccmher 23, 18 
Approved Feb. 22, 1850. Pam. 115. 






Changes in 46. Sec. I. Be it enacted,. Tiiat from and after the passage of 
sionfiTis- this Act, the County of Scriven shall be added to and compose a part 
**^***' of the first congressional district ; that the Counties of Butts, Jasper, 
Jones, and Wilkinson, shall be added to and compose a part of the 
third congressional District ; tliat the Counties of Harris and DeK?Jb, 
shall be added to and compose a part of the fourth congressional 
district ; that the Counties of Union and Lumpkin, shall be added to 
and compose a part of the fifth congressional district ; that the Coun- 



ELECTIONS— 1850. 247 



Senatorial Districts. 



ty of Newton, shall be added to and com})ose a part of the sixth 
congressional district, that the Counties of Hancock, Washington 
and Laurens, shall be added to and compose a part of the seventh 
congressional district, and that the County of Elbert, shall be added 
to and compose a pa.it of the eighth congressional district. 

Sec. II. All laws and parts of laws militating against this Act, 
be and the same are hereby repealed. 



All Actio alter and amend an Act entitled an Act to carry into effect 
the alterations and^ amendments at this session of the General 
Assembly^ [to wit^ the session of 1S43,) in and to the third and 
seventh sections of the first article of the Constitution of this 
Stale, assented to twenty-third December, 1843, so far as relates 
to the Senatorial Districts. — Approved Jan. 21, 1850. Pam. 367. 

47. Sec. I. Be it enacted, That from and after the passa,2re of f^ijange^ m 

1-1 ! 1 1 -IT- ^1-ri ini Senatorial 

this Act, that the second sena,tOiial district oi this btate shall be com- diBtncts. 
posed of the Counties of Liberty and Tattnall, the seventh senatorial seventh, 
district shall be composed of the Counties of Bulloch and Scriven, 
the eighth senatorial district shall be composed of the Counties of^'^^*^ 
Effingham and Bryan, the ninth senatorial district shall be composed ^''"^^ 
of the Counties of Burke and Jefferson, the thirteenth senatorial dis- thirteenth. 
trict shall be composed of the Counties of Early and Randolph, the 
fourteenth senatorial district shall be composed of the Counties of fourteenth. 
Stewart and Muscogee, the fifteenth senatorial district sliail be com- Fifteenth, 
posed of the Counties of Lee and Baker, the sixteenth senatorial sixteenth, 
district shall be composed of the Counties of Troup and Hrtrris, the 
seventeenth senatorial district shall be composed of the Counties of seventeenth 
Houston and Pulaski, the eighteentfi senatorial district shall be com- Eighti^enth. 
posed of the Counties of Marion and Macon, the nineteenth senate- Nineteenth, 
rial district shall be composed of the Counties of Dooly and Sumter, 
the twentieth senatorial district shall be composed of the Counties of Twentieth. 
Twiggs and Jones, the twenty- first senatorial district shall be com- Twenty-first 
posed of the Counties of Washington and Emanuel, the twenty-fifth Twentyfifth. 
senatorial district shall be composed of the Counties of Putnam and 
Jasper, the twenty-sixth senatorial district shall be composed of the Tw'ty-sixth. 
Counties of Monroe and Bibb, the twenty-eighth senatorial district Tw'tyeighth 
shall be composed of the Counties of Meriwether and Talbot, the 
twenty-ninth s3aatorial district s'laU be composed of the Counties of Tw'tyntnth. 
Heard and Carroll, the thirtieth senatorial district, shall be composed Thirtieth, 
of the Counties of Campbell and Cov/eta, the thirty-first senatorial TWrty-first. 
district shall be composed of the Counties of Fayette and DeKalb, 
the thirty-second senatorial district shall be composed of the Counties Thirty-see'd. 
of Butts and Pike, the thirty-third senatorial district shall be com- Thirty-third, 
posed of the Counties of Newton and Henry, the thirty-sixth senatorial Thirty-sixtii. 
district shall be composed of the Counties of Franklin and Madison, 
the thirty-seventh senatorial district shall be composed of the Coun- Thirtyser^tk 
ties of Oglethorpe and Elbert, the thirty-eighth senatorial district Thirtyeightii 
shaU be composed of the C )unt:es of Clar] e and Walton, the thirty- 
ninth senatorial district shall be composed of the Counties of G win- Thirty ninth. 



348 ELECTIONS— 1850. 



Congressional Election — Precincts established. 



Forty-sec'd. j^^^^ g^j^^j Forsyth, and the forty-second senatorial district shall be 
composed of the Counties of Hall and Jackson. 

Sec. II. All laws and parts of laws militating against this Act 
be, and the same are hereby repealed. 

A?i Act to cha?isre the time of holding Elections for Members to re- 
^present the people of this State in the Congress of the United 
States. — Approved Feb. 6, 1850. Pam. 161. 

cbngres- 48. Sec. I. Be it enacted, That from and after the passage of 

tiontn^iSi, this Act, the election for members of the United States Congress 
r^o 7eaT^' ^^^^1 ^® held, on the first Monday in October, in the year eighteen 
thereafter, hundred and fifty-one, and on the first Monday in October every two 

years thereafter, any law, usage or custom to the contrary notwith- 

standitjg. 
If an extra ^^' ^^^- ^^' ^^ ^^^c of an cxtra scssiou of the Congress of the 
session, Gov. Ufii|;g(j ["Statesl bcforc the first day of November in any year in 

mar order i-i^i -i ' r 

an election, wliich saicl elcctiou is to take place, as provided in the foregoing sec- 
tion, it shall be the duty of his Excellency the Governor to issue his 
proclamation, ordering an election for Representatives in (congress in 
time for such extra session, on such a day as he may deem advisable, 
and the election held on such day, shall be held, conducted and the 
proper returns made to the Governor, as if the same were held at the 
regular time fixed by law. 

Sec. III. All laws or parts of laws militating against this Act 
be, and the same are hereby repealed. 



All Act to abolish, change and establish new election precincts in the 
Counties hereinafter named, and to confer certain powers upon 
the Inferior Courts, and to authorize three freeJiolders to mamage 
and superintend elections in certain cases. — Approved Feb. 11, 
1850. Pam. 164. 

[Secs. I to XVIII, local.] 
inPr Court ^^' ^^^- XIX. The Inferior Courts of the several Counties in 
mayestab- tliis State slmll havc power to establish election precincts in their 

h«h and ■ r-> • i • , ., . ^. ,. . -, 

change eiec- rcspcctivc Countics, uot to cxceed one m each militia district, and to 
&inzS.^' change the same upon the recommendation of the Grand Jory. ' 
Three free- 51. Sec. XX. lu cach electiou prcciuct in this State, it shajl be 
^pgj.[JJ^™Y lawful for three freeholders to manage any election which may be 
•lections. \iQ\(i in sucli district, in case there is no Justice of the Inferior Court 
or Justice of the Peace present ; and iii any such case either of such 
freeholders shall be authorized to administer any oath which it is 
necessary to administer for the purposes of such election ; and the 
said three freeholders shall certify said election, as in other cases, 
which shall be as valid as if it had been conducted by a Justice of 
the Inferior Court or Justice of the Peace and two freeholders. 
Election vai- ^'^- Sec. XXI. At Said elcction prccincts thcrc may bc held clcc- 
'«*♦ tions for Governor, members to Congress, Electors of President and 

Vice-President of the United States, members to the State Legisla- 
ture, and all County officers. 



ESCHEATS— 1801. 



249 



C. C. O. Collector— liond— Oath. 



[Statutes omitted as obsolete, repealed, or superseded. Provincial 
Act of 1761, Watk. 67; 1789, lb. 387; 1790, lb. 419; 1791, lb. 
454; 1796, lb. 611; 1799, Vol. 1.397; 1801, Vol. II. 3 ; 1811, 
Vol. III. 267 ; 1813, lb. 268 ; 1816, lb. 268 ; 1817, lb. 270.] 

Resolutions.— In 1837, pam. 276, in consequence of the many illegal returns, the 
Governor was requested to have copies of blank returns printed and transmitted to the 
Clerks of the Superior Court in each County, v^-ho were requii-ed to assist the Magis- 
trates in malting up their returns. 



ESCIIEA-TS; 



Rec. 1. Escheator — Oath. 

" 2. Duty, pay, &c. 

" 3. Claims — Trial. 

** 4. Suits by Escheator. 

*' o. llights of Creditors, &c. 

*' 6. Misconduct of Escheators. 

•"♦ 7. Estates of Aliens. 

*' 8. Notice to Creditors. 

*' 9. Payment by Escheators. 

*' 10. liepeaiing clause. 

" 11. Devises to Aliens. 



Sec. 12. Escheat sales. 

13. Personalty Escheating, 

14. Aliens' property. 

15. Oath on In{i[uest. 

16. On trial of claim. 

17. Form of proceeding. 
18 . Solicitor General's duty, 

19. Disposition of money. 

20. To whom ])aid. 

21. lliffhts of Heirs. 



An Act to regulate EscJieats in this State, and to appoint Escheators. 
. Approved Dec. 5, 1801. Vol. II. 24. 

1. Sec. I. The Clerk of the Court of Oixlinary in each County 
be, and he is hereby required to tak^^ upon himself, and execute the 
duties of Escheator, for the purposes, and after the manner hereinaf- 
ter mentioned and prescribed ; that is to say, every Clerk of the 
Court of Ordinary in each County, shall give bond, with good and 
sufficient securities, payable to, and taken by the Governor for the 
time being, for the use of the State, which shall be recorded in the 
Secretary's office of this State, in the penal sum of ten thousand dol- 
lars for himself and sureties jointly and severally, and conditioned 
for the faithful discharge of the duties of said office, and shall more- 
over take the following oath, to be administered by the Governor or 
any of the Judges of the Superior Court, at the time of taking said 
bond, to wit : "LAB, do solemnly swear that I-^will faithfiilly execute 
the duties of Escheator, for the State of Georgia, and diligent inqui- 
ry make for all property which hath escheated, or shall escheat to tb.e 
State, according to the true intent and meaning of the Act, in tliis 
case made and provided, so help me God." 



Clerk ot C't 
of Ordinary 
to be tlie es- 
cheator. 



t^hall givft 

bend aiid S8- 
ciu'itv itt 



Their oath. 



♦For various Acts conferring privileges on aliens, see title " Foreigners. 

27 



250 ESCHEATS— 1801. 



Duty — Procce lin j3 — llitT'its of claimants. 



Baryuithe o S ;ic, 11. Where it sliall aDDcar that aiiv pei'son has clled witli- 
out will and without heirs,* leaving property behind ;f that then and 
in s'ich c is3 it shall hd the duty of the Escheator of the County in 
which such person shall have died, to mike inquiry of all the estate, 
both real and personal, of which the deceased died seized and pos- 
sessed, and to notify the same in writing to the Escheator of every 
other County in which the said deceased, a,t the time of his death 
miy ha,ve held, or been possessed of any estate, either real or personal; 
and thereupon it shall be the duty of the Escheator of the County in 
which such person shall have died, and of every other Escheator so 
notified as aforesaid, to make a true and just statement of all the pro- 
perty so far as comes to his knowledge, which the said deceased may 
have been seized and possessed of in his County, and notify the same to 
the Judge of the Superior Court, at least two months previous to the 
i,.oM«-, meeting of said Court in such County, and the Juds'e presidinor at 
such Court shall cause tlie Jury, (being first sworn J.) to proceed and 
*iiiake a true inquest of all such supposed escheated property, both real 
and personal, which by the Escheator shall be submitted to their in- 
vestigation, 'and a true verdict make thereon ; whereupon the Judge 
jnd-ft'«cer- ^^' ^^^ C :>urt aforcsaid, shall certify the same under his hand and 
tific;iteto bos3q^| to thc Eschcator of said County, who is hereby ordered to record 
the o^ehe;it-the sam3 ki a book to be by him kept for that purpose, and shall re- 
turn the original into the office of the Clerk of the said Superior Court, 
to be there filed and kept as a record of the said Court : and further, 
on returning the inquest into the office of the Court aforesaid, tlije 
Clerk shall thereupon cause to be advertised in one of the public 

Adv«riis»- ^i-o 1 r i ■ i/» i 

ment. gazcttcs ot this btatc, the first week in every month for six months, 

trie particular description of property, both real^ and personal, so es- 

Ciieated, t'le nrmie of the person last seized and possessed, and the 

supposed time of his or her death, together with the part of the 

world in which he or she was known or supposed to be born, 

and requiritig his or her heirs, or others who may claim under him 

If no pt^r^onor her, to appear and make claim, and if no person shall appear and 

i.rr/iurnrh« mike right and title to the same within twelve months after the time 

cSo^issue prescribed for advertising the same, the Clerk of the said Court shall 

lif^^hcMep ^'^^"'^® P^'°^^'''^s ^^ ^*2 s^o'i^^^ by one of the Judges to the Escheator, 

ef^y- pronouncing the said property, both real and personal, to be escheated 

to and vested in this State, and directing him forthwith to sell and 

., . . convey the same, haviiia^ ^iven six v/eeks1| notice of the time and 

Nonce of "^ . ^ o o II 

sale. place of sale, in one of the public gazettes of this State, and also in 

two or more public places of the County ; and it shall be the duty of 
Qveij such Escheator to return the proceeds of such sale, after de- 
ducting for his own use two and a half per cent, out of the moneys 
received and paid on account of sales, as a compensation for his ser- 
vices, and the necessary expenses thereunto attendant, into the Trea- 



E-r.liCiitor's 
compensa- 
tion 



^Explained by Act of Dec. 13, 1816. As to illegitimates, see " Executors and Ad- 
ministrators," &c. sec. 27. 

fFurther expiaine 1 by Act of 1810, see sees. 11, 13. 

jFor oath of Jvucj, see sec. 15. 

(>."jee sec. 11. 

IjSee sec. 14 as to perishable property of aliens. 



ESCHEATS~1801. 251 



Claims, how trio 1 — ll';;j:ht< of creartora — Mwconcluct ofc^cLeator. 



siirsr of this State.* Provided, nevertheless, if any person or per- J^/^f;^J;^^^^ 
sons shall ap]iear within twenty-one years in cases of escheated real f^avtd— 21 
estate, but within five, if escheated personal property, and establish p*tate, five 

1 - • 1 1 1 1 ^ ■ ^x cs ■ f\ 4- year Mil per^ 

his title to such real or personal pro{)erty m the fenperior Oourt, on L^^nai. 
an issue to be made up and tried, and the same being certified by the 
Judge presiding at the trial of such issue to his Excellency the Go- 
vernor, he shall forthwith give snch person or persons a draft on 
the Treasury for the amount paid therein, in manner aforesaid. • 

3. Sec. III. Any person or persons without delay, shall be heard claims to 
on an issue to be made up in the Superior Court, f on a petition setting pn-p^ny-^ 
forth his, her, or their right, and tlie said property, both real and per- 1^;^^,^^'' *"• 
sonai, shall be committed to him, her, cr them, if he, she, or they 

shall show good evidence of his, her, or their title, to hold until the 
ri2fht shall be found for the State or the claimant, such claimant find- 
ing sufficient security to proseciite his, her, or their suit with etfect, 
and Yv ithout delay, and to render to the State the yearly value of 
such property, if the right be found for the vState : Provided, that if Pr-viso. 
any suit for property supposed to be escheated, shall be prosecuted 
by any escheator, and the Jury before whom such trial shall be had, 
shall think there is no probable cause, the Court before wdiom the 
same shall be tried, shall award to the party aggrieved, his, her, or 
their reasonable and legal costs, to be paid ou.t of any funds, arising 
under and by virtue of this Act. 

4. Sec. IV. Any possession, grant, conveyance, or any other j^J^^TJ^I'fJyQ 
cause or title, shall not jireclude or hinder the State from making in- ebcheated. 
quest and sale after the manner hereitibefore prescribed of all such 
property, both real and personal, as has been heretofore esclieated, 
(save that which may have been escheated prior to the 4th day of 
July, 1776,) by the death of the person last seized and possessed 
w^ithout will, and without hehs, any law or usag"e to the contrary Esrhoator 
liotwitnstanding ; and hirther, wherever any property, real or personal, pr-pmy in 
of any person dying without will and vs^ithout heirs, shall be found eL""^'" ^'^^' 
ill the hands of any executor or administrator, the escheator shall 011 
behalf of the State, sue for and recover the same either at Law or in 
E.piity, and of real estate, the same when recovered shall be sold by 
notice and advertisement, as hereinbefore directed, and if personal 
property, the amount of the same when recovered, shall be paid into 

the public Treasury of this State. 

5. Sec V. Nothing- herein contained shall prejudice the ri^-hts of ^'P^f^ of 

. . 17 •! o ciT(l iters' 

creditors, or other individuals having claims or legal titles, or who s;ived, and 
shall be under the disabilities of infancy, coverture, duress, lunacy, Bed!'"'' '^*' 
or being beyojid the limits of the United States, until three years 
after such disabilities shall be removed. 

6. Sec. Yl. If any escheator shall fail to do the duty required of Pen^itiea o* 

•' J i. escJieators 

him by this Act, or any loss or damage shall accrue to this State by f^"- miscon- 
his misconduct or fraudulent practices, the oftender shall be responsible "'^ ' 
for all such loss or damage : and the Superior Court of the County 
wherein the offender resides, shall have power and. authority to order 
a prosecution in the name of the State, and the Jury shall try the 

*See sees. 18, 19, 22, 23. f^or oath of Jury, see sec. 16. 



252 ESCHEATS— 1801-'5. 



Misconduct of Escheator — Aliens — Notice to creditors. 



iact, and assess the daaiages and costs, and upon conviction, such 
escheator shall be incapable for ever thereafter of holding any place 
OT for pur- of trnst or profit Avithin this State; and further, that no escheator 
escheated shall dii'cctly or indii'ectly, either by himself or any person whatso- 
pr^pertj. Qy^r^ purchasc or be concerned with any person or persons, in purchas- 
ing any escheated property, without being subject and liable to the 
payment of five thousand dollars, to be sued for and recovered in any 
Court of record, one-half for the benefit of the informer who shall 
sue for and recover the same, and tlie other half to the use of the 
State ; and moreover, that every such otFender on conviction, shall 
be forever disabled from holding any office of trust or profit under 
this State. 



An Act to amend an Act entitled ^^'An Act to regulate escheats.''^* 
This Act approved Dec. 5, 1805. Vol. 11. 257. 

Ti^e duty of 7. Sec. I. From and after the passing of this Act, it shall be 
Ordinary, the duty of the Court of Ordinary, when any alien,* resident or non- 
aijcTdkS resident, shall depart this life, intestate, and without heirs, in this 
Ind wuh^ ''^ State or the United States, to cause the estate and eifects of such 
•utiieire. alicu, without delay, to be safely collected, and a just and true in- 
ventory and appraisement thereof to be made ; and after giving twen- 
ty days' notice, by advertisement in one of the public gazettes of this 
State, and at two or more public places in the County where such 
alien shall die, shall cause the said estate to be sold at public auction, 
and the proceeds of such sale to be paid into Court, to be applied 
and disposed of in maniier hereinafter mentioned.f 
Aftcrthemo- 8. Sec. I[. After such salc as abovc mentioiicd shall havc talvcu 
iQmuifthV'"' place, and the proceeds paid into Court, it shall be the duty of the. 
givcn^ t ]" ^^ ^^^^ Court of Ordinary, and the said Court is hereby required t o 
ercditor-s causc pubHc iioticc to be given, by advertisement, for the creditors of 
such deceased to come forward, within twelve months after the pub- 
lication of such notice, and prove their debts to the satisfaction of the 
said Court : and after the expiration of the said twelve months, the 
said Court shall proceed to examine and ascertain the total amount 
who shall ([iiQ such crcditors. and shaJl nay and satisfy each of the said creditors 

be paid in ' ' , i -i i • i i 

pr.'pGrticiitoin whole or in part, as the estate oi the deceased will admit, and tne 
surplus, if any, after such payment as aforesaid, shall be disposed of 
as is directed by the escheat law. 

9. Sec. III. The several escheators of this State, v/ho have or 
may hereafter have '^a^*:i-eceive any moneys arising from the sales of 

Court of Or- such cstatcs as aforeiaid, shall, upon the requisition of the Court of 
Ordinary of the County, pay such moneys into the said Conit, within 
twenty days after lie shall be requii-ed so to do by the said Court ; 
and in default thereof, shall 'forfeit and pay. double the sum which 
such escheator shall have received, and have in his hands as aforesaid, 



Escheators 
to \rvj ino 
ney into th 



\ 



*Tliis Act applies only to sucli escheated estates as belonged to aliens. The rcasou 
why there should be this distinction bet■\^-cen such estates, and ail other escheated pro- 
perty, as provided for in the Act of 1801, is not very apparent. — Prificc. 

tEut see sec 14. As to the privileges and immunities of aliens, see title " Foreigners." 



^ ESCHEATS~-i810. 25^ 

Lands devised to aliens — Esclieat sales, 

to be recovered by action of debt in any Court having jurisdiction 
thereof.* 

10. Sec. IV. The Act "to regulate escheats," so far as the Repealing, 
same militates with this Act, be, and the same is hereby repealed. 



An Act to explain and amend the excheat laws. — ^Approved Dec. 15,. 

1810. Vol. II. 665. 

Whereas^ the escheators in many Counties of this State are caus- 
ing vexatious law-suits, by pointing out property not contemplated 
by the escheat law of 1801 ; to wit, the estate of citizens of this 
State, who bequeathed their estates to persons residing in foreign 
parts : for remedy whereof, 

11. Sec. I. Beit enacted^ ^c. That in all cases where a citizen Lands devis- 
of this State, or of the United States, shall die^ or may have died, Jens^o"*" 
possessed of or entitled to any real estate, and shall leave no heir who be^soi ™and 
can inherit the same, because of his or her being alien ;f that in such ^^e aiieAs 
case the said real estate shall not be held or considered subject to the proceeds. 
escheat, but the executor or administrator of such deceased citizen 
shall and may proceed in the manner pointed out by law, to make 
sale of such real estate, and pay over the proceeds of such sale to the 
devisee or devisees named in the will of such deceased citizen, or to 
the legal representatives of such deceased citizen : provided always 
nevertheless^ that nothing herein contained shall be so construed to Proviso, not 
affect cases where the escheator in any County shall have already previous'^ 
proceeded to make a disposition of property under the escheat laws ^^^®^' ^^ 
of this State, and the proceeds thereof shall actually have been paid 
into the Treasury of this State. 

12.. Sec. II. In all cases where a citizen has heretofore died, ^^.'^heat 

" sales, whea 

leaving real estate as before mentioned, and shall have made a dis- good. 
position thereof by will, and the executor or executors of such de- 
ceased citizen have proceeded to mctke sale of such real estate for the 
benefit of the heirs of such deceased citizen, such sales shall be, so 
far as it regards the title of such deceased citizen,, held and consider- 
ed valid and legal, any law to the contrary notwithstanding. 

13. Sec III. No personal estate of any deceased person shall be Personal e»- 

. -, IT- 1-11 1 • 1 • r>( • tate when it 

considered subject or liable to escheat in this State, except in cases escheats. 
where such deceased person shall have made no disposition of the 
same by will, and shall have no legal representatives to inherit the 
same. J 

14. Sec. IV. Perishable articles of aliens shall be sold after giving Perishable 
twenty days' notice in two or more places in the County where such aliens!! 
articles may be ; the other property of such alien shall be disposed of 
agreeable to the escheat Act of 1801. 

♦But see sees. 18, 19, et seq. 

tSee further as to privileges and disabilities of aliens, title " Foreigners." 

J As to illegitimate children, see "Executors, Administrators," &c. sec. 27. 



254 ESCHEATS--1817-40. 

Oath of Jury — Practice — Duty of Attorney and Solicitor General. 



An Act prescribing the oaths to he taken hy Juries in certain trials 
under the several Acts to regulate escheats^ and to authorize the 
Judges of Superior Courts to adopt the necessary forms of process 
and other proceedings to carry the said Acts into effect. — Approved 
Dec 19, 1817. Vol. III. 277. 

Oath of the 15. Sec. I. The oath to be taken by the Jury upon an inquest 
quest^as to- of office, touching escheated property, such as is described in the 
property.^ sccoud sectiou of au Act, entitled " An Act to regulate escheats in 
this State, and to appoint escheators," passed the 5th day of Dec. 
1801, shall be as follows: "You shall true inquest make, touching 
the escheat of such property as may be given you in charge, and a 
true verdict give according to evidence : So help you God." 
Oath of the 16. Sec. II. Whcu any property returned by the escheator is 
trial of a ' claimed by any person or persons, pursuant to the third section of the 
c!fe™ed° ^^ above recited Act, and an issue is made up thereon, the oath to be 
property, administered to the Jury upon the trial of such issue shall be as fol- 
lows : " You shall well and truly try this issue of escheat between 

the State of Georgia and , [here insert the name of the claimant 

or claimants,] and a true verdict give according to evidence : so help 
you God." 
The Judges 17. Sec. III. Thc Judgcs of the Superior Courts in the several 
riorcoimr Circuits of this State are hereby authorized and required to devise 
thl^neceSa- ^ud adopt the scvcral forms of process, and other proceedings which 
thisTibject. ^^y ^® ncccssary and proper to carry into eifect the above reciled 
Act, and all the several Acts or parts of Acts amendatory or supple- 
mentary thereto. 



An Act more effectually to p7^ovide for the collection of the finds aris- 
ing from the sales of escheated property within this State, and to 
apply the same to literary purposes, — Approved December 21, 
1819. Vol. III. 278. 

Whereas, the provision heretofore made for the collection of the 

funds arising from the sale of escheated property, has been found 

inadequate and unproductive : 

^ildTclidt- ^^- ^^^- I- -^^ ^^ enacted) ^c. That from and immediately after 

Tn^"^/*^^ the passinff of this Act, it shall be the duty of the Attorney and 

shall enforce c\ i ^ • 

the payment Solicitors Gcucral, at the first term of the Superior Court m every 
hyScSt- year, in each and every County in this State, by rule or order of the 
of court!^^^'^ said Superior Court, to require the escheators in the said Counties 
respectively, to pay into the hands of the said Attorney or Solicit- 
ors General, for the purposes herein mentioned, all such sum or sums 
of money as may be in the hands of the escheators under the several 
escheat laws of this State ; and in case of a default or refusal by any 
such escheator, the Superior Courts aforesaid shall have power to 
punish such escheator in the same manner as if such escheator was a 
defaulting officer of such Court.^ 

*Made apart of County funds, seos. 22, 23. 



ESCHEATS— 1836. 25i 



Made Comity funds. 



Sec. II. [Superseded by next Act, sec. 19.] 

Sec. III. [Superseded.] 

Sec. IV. All laws aud parts of laws militating against this Act K«^pfai'ns as 
be, and the same are hereby repealed, except so far as relates to the cuuntj. 
County of Chatham, where the said funds shad be applied as here- 
tofore.* 



Ati Act to alter a.jid amend tlic several escheat laws of this State, so 
far as relates to the disbursrmcnt of money arising from> the sale 
of escheated property, in the several Counties of this ^iatc — Ap- 
proved Dec. 29, 1836. Pam. 126. 

19. Sec I. From and immediately after the passage of this Act, E»cjient mo- 
all moneys arising from the sale of escheated property in the sever- pan of the 
al Counties of this State, shall vest in, and become a part of the lundsf 
fund of said County respectively. 

20. Sec II. Tlie Solicitor General and Attorney General of ^"<' P'"J 
the several judicial circuits of this State, be authorized and required Jv.^tir.cs ot- 
to collect all such moneys arising in the several Counties in their cJurt!*^"*^^ 
circuits, respectively, in the manner pointed out by an Act, passed 
December 21st, 1819, entitled an Act more effectually to provide for 

tlie collection of the funds arising from the sales of escheated prop- 
erty within this State, &.c. whose duty it shall be to pay over the 
same when collected, to the Justices of the Inferior Court of the 
County wherein the property is escheated. 

21. Sec III. Nothing contained in this Act, shall be so con- liiriit^ of 
strued as to take from the heirs of escheated property, any rights of 
heirship given them by the escheat huvs of force in this State. 

Sec IV. [Repeals all conflicting laAvs.] 

[Statutes omitted as obsolete, repealed or superseded. Act of 
1792. Vfatk. 498. 1793, lb. 534.] 

•For further regulations as to Chathajoa Countj-, see Acts of 1845, pam. 95 and 96. 



256 



ESTRAYS— 1791-'99. 



Stud-horses at larire — Sale of estravs. 



ESTEAYS. 



Sec. 1 Gelding stud horses. 

" 2. Illegal sales of estrays. 

•* .8. Taking up. 

" 4. Proceedings before Justice. 

" 5. Book of Justice. 

*« 6. Clerks' duty. 

•• 7. Sl:ray pen. 

" 8. Sale of horses, mules, &c. 

•' 9. Of neat cattle, goats, &c, 

'• 10. Claim in 2 years. '^ 

*♦ 11. Justices' fees. 

** 12 Compensation of taker up. 

'* 13. Payment bv owner. 

*« U. Clerks' fees. 

" 15. Account to Grand Jury. 



Sec. 16. Delinquent takers up. 
" 17. Delinquent ofcicers. 
" 18. Sale of neat cattle. 
" 19. Fees. 

" 20. Advertisement of horses, &c. 
" 21. By Avhom paid. 
" 22. Clerks' fees. 
" 23. Clerks' duty. 
" 21. Levies on estrays. 
" 25. Claim. 
" 26. Issue and trial. 
" 27. Costs. 

" 28. Taker up — claimant. 
" 29. Time of selluig neat cattle, &C, 



A71 Act concerning JBstrmjs, and for improving the breed of Horses. 
Approved Dec. 20, 1791. Vol. I. 208. 



stiid hordes And for the improvement of the breed of horses within this State, 
far"Kemkfbe ^- ^^^' -^^ ' ^G it cnncted^ i$^''c. Tiiat if any stonc-horso, abovc 
geidod. eighteen months old, shall be found running at large, it shall and ma;y 
be lawful for any person to take up the same ; and having taken him 
before the nearest Justice of the Peace in the County, by the per^ 
mission of the said Justice, may geld the same, taking care that the 
operation is performed by a person usually doing such business in 
the neighborhood, for wliich the person so gelding shall receive one 
dollar, to be paid by the owner of the horse : Provided^ nevertheless^ 
that if any person shall take up and geld any such stone-horse, con- 
trary to the true intent and meaning of this Act, or without fully 
pursuing the above direction, he shall, for every such offence, forfeit 
to the party injured double the value of such horse, which value 
shall be ascertained by two respectable ireeholders, who were ac- 
quainted with such horse, who shall act upon oath, to be recovered 
in any Court hav^ing cognizance of the same. 

[Tlie rest of this Act repealed by the Act of 1801.] 



Proviso. 



An Act to revue and amend the foregoing. — Apuroved Feb. 15, 1.799. 

Vol. I. 211. 

per,^on3 sell- 2. Sec. III. If any person shall presume to sell or dispose of or 

fo?thSr^own apply to his or their own use any estray, every such person or per- 

doubie'^uie ^^^^^ ^^ olfcnding shall be subject to indictment for a misdemeanor, 

value. and on conviction thereof shall forfeit and pay to the Justices of the 

Inferior Court, for tie use of the County in which such offence may 

be committed, doable the value of such estray or estrays, so sold, 

applied, or converted to his, her, or their use.* 

' [The rest of this Act repealed by that of 1801, next in order.] 



*See soa. l'^., a? to dcHaquent takers -\ip. See also *' Penal Xjaws," pec. .?72. 



ESTRAYS— 1801. 21 



)/ 



Oath of taker up — Proceediiif^s m case of estrays. 



An Act to amend and consolidate the several Estray Laws of tJds State. 
Approved Nov. 30, 1801. Vol. II. 6. 

3. Sec. I. It shall and may be lawful for aay person upon his JJiJ;!\j"j'^-^' 
own freehold, or other person having charge of such freehold in the estrays. 
absence of the owner thereof, and not elsewhere, to take up all es- 
trays, whether horse, mare, colt, iilly, ass, mule, neat cattle, sheep, 

goat, or hog, that may be found straying away from their owners ; what es- 
and every person taking up estrays as above, shall, within ten days, in lake'r up 
case such estrays'have been broke to service, take or drive it or them ^Ythir'ten 
before a Justice of the Peace in the County, whose duty it shall be, J;;^^;^^. ^^^ 
and he is hereby required to take down in writing a particular de- Justice, 
scription of the marks, natural and artificial, brands, stature, age and 
color of such estray or estrays ; and immediately to issue his warrant j^Jg^^J..|.7",^\ 
to two or more freeholders of the vicinaore commandincr them, hav- ff apprai:^e- 
ing been first duly sworn thereto, well and truly to appraise or ascer- 
tain the value of such estray, which appraisement or valuation and 
description as above, together with the name of the taker up and 
the place of his abode, the said Justice shall, within ten days there- 
after, transmit to the Clerk of the Inferior Court of said County, tak- 
ing special care that the person or persons taking up such estray do 
solemnly swear or affirm that he or they have not altered, or caused oatii of the 
to be altered, the marks or brands of such estray, and to the best of '^ ^^ "''' 
his or their knowledge and belief such marks or brands have or have 
not (as the case may be) in anywise been altered, and that the owner 
to him or them is unknown. 

4. Sec. II. In case any person shall take up any such estrayedwhnt 
neat cattle, sheep, goats, or hogs, he shall cause the same to be viewed he viewi-d 
by a freeholder in the County where the same shall happen, and that \i,\i\^ ^^^^" 



lor. 



the taker up be compelled to advertise said estrays at least ten days, f^eff^l^tThP 

at the place of holding Justices' Courts in said district, prior to toll- J''^'?^J^! ^'^^ 

ing; and shall immediately thereafter go with such freeholder be- cowrt.^ ten 

fore a Justice of the Peace for said County, and make oath before then'toUeci. 

him that the same was taken up at his plantation or place of residence '^^^^^ 

in the said County, and that the marks or brands of such estray have 

not by him, or to the best of his knowledge, been altered ; and then 

the said Justice shall take from the taker up and freeholder, upon ^'^%^^J^ ^^^^ 

oath, a particular and exact description of the marks, brands, color, 

and age of all and every such neat cattle, sheep, goat, or hog, and 

such Justice shall, in manner above directed, issue his warrant for 

the appraisement of such estrays, which description and valuation ghaii tra:i=- 

shall by the said Justice, within ten days, be transmitted to the Clerk ^'fe''to^',^;e 

of the Inferior Court, by him to be disposed of as hereinafter directed, cierk. 

5. Sec. III. It shall be the duty of every Justice of the Peace Keeping a 
before whom any estray shall be carried as aforesaid, to enter a true *^"^^* 
copy of the certificate transmitted by him to the Clerk of the Court, 

in a book to be by him kept for that purpose. 

6. Sec. IY. It shaU be the duty of the Clerk of the Inferior ^^;:^^[%^^^;ji"J; 
Court in each County in this State, and he is hereby required to re-^J,[fJ"* 



•258 ESTRAYS— 1801. 



Proceedings in case of Estrays — Sale of horses, &c. 



ceive and enter in a book, by him to be provided and kept for that 

purpose, all such certificates ol description of appraisement as to him 

shall be transmitted from the respective Justices in the County : and 

And affix a it shall ulso bc the duty of the said Clerk of the Inferior Court to 

copy to the ^^ ^ i i • • i - • i /-< 

Court-house, atnx a copy ot every such description and valuation to the Court- 
house of his County for two terms successively, after the same shall 
be transmitted to him.* 
Shall have a 7. Sec. Y. It sliall be the duty of the said Clerks of the Inferiol* 
iS, to" Courts in their respective Counties to cause an enclosure to be made 
ho'JlelS^ at the Court-house, to be paid for out of the moneys arising from the 
brou-bt by ^^^ ^^ csti'ays, for tlic purposc of impounding estrayed horses, mares, 
The taker up, colts, fiUics, asscs aiid mulcs, and that all estrays aforesaid, taken up 

OH the lir.st ; . "^ ' r 

day of each as aforcsaid, shall by the taker up be brought to the said enclosure 
iuon\h^^ and impounded from ten o'clock in the forenoon until three o'clock 
in the afternoon on the first day of every term for twelve months, 
both of the Superior and Inferior Courts ; and the said Clerks shall 
see that these requisitions be complied with by the taker up. And 
onpa'inof cveiy taker up of an estray as aforesaid shall, for every neglect to 
^issiwu^^ impound as aforesaid, be subject to a fine of five dollars, to be col- 
lected by execution und3r the hand and seal of the presiding Justice 
of the Inferior Court, and paid into the Clerk's office for the use of 
the County, unless sufficient cause to the contrary be shown to the 
said Court at the next term thereof. 
Horses, 8. Sec. YI. It sliall be the duty of the taker up, and he is hereby 

Xlrb?*^' I'equired to bring to the Court-house in the County v/herein he re- 
brdu-ht aftet sidcs, aiid dclivcr to the Clerk of the Inferior Court of said County 
tjjB Clerk, every estrayed horse, mare, colt, nily, ass, or mule on the first bner- 
iff 's sale day that shall happen after the expiration of twelve months 
from the time of entering such estray as aforesaid with the Justice ; 
who shall and it shall be the duty of the Clerk to prccced to sell such estray or 
reidym"/^y estrays as aforesaid, on the day aforesaid, between the usual hours, 
couiif ^"^ur- ^^^' ready money to the highest bidder ; which money shall in the 
po,-His. hands of the said Clerk be subject to the order of the Inferior Court, 
for County purposes, after defraying the charges or fees hereinafter 
Penait}^ on directed, xlnd ever}^ taker up wlio shall neglect or refuse to comply 
tSriSiure.'^^'with thcsc requisitioiis shall be liable for double the amount of the 
appraisement, to be collected by execution under the hand and seal 
of the presiding Justice of the Inferior Court ; unless sufilcient cause 
to the contrary be shown the Court at the next term thereafter ; and 
the said forfeiture when collected shall be applied to the use^of the 
County, after deducting the legal fees.f 
No owner 9. Sec. YII. Li case aiiy pcrsoii sh all take up as . aforesaid any 
thr'esfraya ^^^^^ cattlc, shccp, goats, or hogs, and no person or persons shall ap- 
to be sold, pear and make satisfactory proof within three months J that the said 
estrays are his or their property, the Justice having given tv\^enty 
days' notice by advertisement in tv\^o of the most public places in the 
Captain's district v/herein he resides, shall proceed to sell the said 



*See sec. 20, as to advertising certain estrays. 
fSee also sec. 16. 

J13y Act of 1823, time extended to six mout]is;'by Act of 1842, reduced to four 
mouths, and hy Act of 1S45, sec. 29, tliree montlis. 



ESTRAYS— 1801. 259 



Proceeds — Claim — Justice's fees — Fees of taker up — Of Clerk. 



estrays,* bv his Constable, upon one of his Court days, between the 
usual hours, for ready money, to the highest bidder ; and it shall be 
the duty of the Justices in the several Counties, and they are hereby Tiie money 
required to pay to the Clerk of the Inferior Court in their respective coumy j>ur- 
Counties, at each term of said Court, all moneys in their hands that ^'"''■''• 
have arisen from the sales of estrays as aforesaid, deducting five per 
centum for commissions and such other charges as are allowed by 
law ; and all moneys so paid shall be subject to the order of the in- 
ferior Court for County purposes.! 

10. Sec. Yllt. If any person or persons shall, within the term of TTnie^^ 
two years from the time of such sale, prove to the satisfaction of the whhurtwo 
Court that the property so sold was his or their ovvai, or that of his or>'^^'''- 
their employers, (as the case may be,) in that case the Court shall, 

after deducting the fees and charges hereinafter described, pay the 
balance of the money arising from such sales to the claimant of such 
property. 

11. Sec. IX. The Justice, for his services as above, shall receive Ju.«ti.io'8 
from the taker up, at the time such estray or estrays shall be brought 
before him, or description or valuation thereof presented to him as 
above, the sum of seventy-five cents for each horse, mare, colt, filly, 

O.SS, or mule, and the sum of six and one-fourth cents for each head 
of neat cattle, sheep, goats or hogs. J 

12. Sec. X. The taker up of such estrays shall, as a cGm}>ensa- Tak^i- np 
tion for maintaining a-id keeping of the same, put them to imnie- [!^'t'J]iy''i" ^f*.^ 
diate labor if capable of service, and if incaoable or lie snoidd |:.re- "^""'.'■'"'•'^y 
fer it, receive from the owner, if claimed, or from the Court, if sold, pr com -w;^- 
a re;isonable satisfaction, to be adjudged by t]ie Clerk and a Justice kVc[);..^. ' 
of the Peace for the County, according to the circumstances of the 

case : Provided, nevertheless, that in case of putting such estray to 
labor, he shall be bound to produce such estray to the owner, if 
claimed, or to the Clerk, if sold, (casuallies excepted.) in as good 
condition as when appraised. 

13. Sec. XI. Upon the delivery of any such estray to the legal And to $)« 
owner, or in the case of sale, upon the sale thereof, the taker up shall TTlnl'Tr^n 
receive from the owner or Clerk, as the case may be, the sum of one ^^^' 
ilollar for each horse, mare, colt, filly, ass, nuile, or ox, in addition to 

the sum by him paid to the Justice, and the sum of twelve and a 
half cents for each head of neat cattle, sheen, C'oats, or hor/s, in ad- 
dition to the sums above mentioned for the keening and maintainance 
of the same. J 

14. Sec. XII. Tlie Clerk of the said Court shall, for the receiv- Ciert's fees 
ing, entering, and publishing every certificate as above directed, re- 

r/eive the sum of fifty cents, to be paid by the owner upon claiming - 
tlie property, or deducted out of the money arising from such pro- 
iserty in case of sale, and the further sum of five per centum upon 
die balance of such money, as a compensation for selling, collecting, 
:ind paying. t 

*Scc sec. iSi ani note thereto. tSec " Coiir/dc:-," ceo, 3. 



280 ESTRAYS— 1801-3. 



Account — Penalty for neglect. 



Clerk must iQ s^c. XIII. It sliall be the duty of the Clerk of said Court, to 

account i ■ i -r r ■ r-i 

with the In- render to the said iiiierior Court, at every term thereof, a true state- 
and" Grand iiieiit of all iTioiieys arising from the sales of estrays, as aforesaid, ac- 
Sey-s aritcompanied with the proper vouchers, and exhibit a correct statement 
sa?e^of"es-^'^ as aforcsaid, to the Grand Jury of the Coinit}^ at every fall term of 
ttay^- the Superior Court, and oftener if requii'ed. 

Delinquent 16. Sec XIY. Auy persou taking up any estray as aforesaid, 
fcrfcudmibie and failing or neglecting to comply with, and fulfil the true intent 
rfliSTsmy. ^'^^^^ meaning of this Act, and being thereof duly convicted before the 
Inferior Court, shall for every such offence, forfeit and pay a simi 
equal to double the value of such estray, so neglected to be tolled and 
advertised as aforesaid, to be recovered by suit or action at law, the 
informer to be the plaintiff in the action ; one half of the sum so re- 
covered to the use of the informer, the other half to the use of the 
County. 
Penalty on 17. Sec. XY. If any Justice or Clerk shall refuse or neglect to 
Sd cielk'r perform the duties required by this Act, each Justice or Clerk neglect- 
duty!*'"'^^ ^^ ^'^^g ^'^ refusing, shall for every such neglect or refusal forfeit the sum 
of twenty dollars, one moiety to be paid to the part}^ inform.ing, and 
the other moiety to the use of the County where such otfence shall 
be committed, to be recovered by action of debt, in any Court having 
cognizance of the same, and shall nioreover be liable to an action of 
damages to the party injured, and upon conviction pay double costs. 
Sec. 'KYI. [Directing the Clerks of the Superior Courts to pay 
and deliver to the Clerks of the Inferior Courts the money and books 
then in their hands. — Temporary.] 

Sec. XYIL [Repeals all laws on the subject, repugnant to this.] 



An Act to amend the 1th and Wth sections of the foregoing Act. — 
Approved Dec. 7, 1803. Yol. 11. 123. 

No neatcat- 18- Sec. I. From and after the passing of this Act, no neat cat- 
S2d«iy°''^ ^^® taken up as estrays, shall be sold under twelve months* from the 
montjis. time of being tolled ; and it shall be the duty of the Clerks of the 
Inferior Courts, previous to the advertisement and sale of such estrays 
by the Justice before whom they may have been tolled, to advertise 
at the door of the Court house all such estrays, on the first day of 
every succeeding term of the Superior and Inferior Coiuts, which 
may happen in the County within the said term of twelve months. 
Fees of the 19. Sec. II. The rcspectivc ClcrlvS of the Inferior Courts shai I 
^^®''^' be entitled to receive as full compensation for each estray so adver- 
of the taker tised, twcut^T'-five ccuts ; and the persons taking up such estrays, shall 
^P- be allowed a reasonable compensation for their trouble, to be adjudg- 

ed by the Justices of the district where such estray may be tolled, or 
any two Justices of the County, any thing contained in the before 
recited Act, to the contrary thereof notwithstanding. 
justiee'3 Sec. III. The Justice for his services, exclusive of commissions, 

shall receive the sum of twenty-five cents. 



feed. 



>Six months, by Act of 1323, [vol. lY. 187,] tliree months by Act of 1845, sAc. 29. 



ESTRAYS— 1816-'3i. 261 



Advertisemcxit of horses, mules, &c. — Expenses and fees. 



An Act to alter and a?nend the several E stray Laics noio in force in 
this >S'^a^e.— Approved Dec. 4, 1816. Vol. III. 280. 



(fcC. 



20. Sec. I. From and after the first day of March next, it shall ""^■'^«' 
be the duty of the Clerks of the Inferior Courts of this State respec- ^"aij be ac- 
tively, within ten days after they or either of them may have receiv- ceni^n 

ed from any Justice of the Peace (of the County for which he is the Jy^he cieS, 
(ylerk,) before whom any estray horse, mare, colt, gelding, filly, ass, 
or mule, may have been posted, in conformity with the estray lav/ 
now in force in this State, a description of such estrayed horse, mare, 
colt, gelding, filly, ass, or mule, to advertise such estray orestraysac- 
Ci)rding to the description thereof, which he may have received as 
aforesaid, in the Georgia Journal, Augusta Chronicle, or Savannah 
Republican,* and the proprietors of said papers shall receive as com- 
[:ensation for the publication of each such estray, the sum of one dol- 
lar and fifty cents. 

21. Sec. 11. The said Clerks respectively, shall be authorized to who ehaii be 
pay out of the moneys arising from the sales of estrays, the expense '^^'^ 
incurred for such advertisement or advertisements, unless it should so 
happen tliat the owner or owners of such estray or estrays, may prove 

them or either of them awa}^ previous to sale — then and in that case, 
it shall be the duty of such Clerk to demand and receive of the ov/ner 
or owners of such estray or estrays, the full amount of the expenses 
incurred for such advertisement or advertisements, previous to the 
delivery of such estray or estrays. 

22. Sec. III. The Clerks of the Inferior Courts aforesaid, shall ^le^'^'^^^^e 

.,1 r r r - •• ii •• ,. i^^'i" sending 

be entitled to the sum oi liity cents (or transmitting the description oi tho adver- 
said estrays, from the owners if proven away, or from the proceeds 
of the sale of such estray, if sold. 

23. Sec. IY. In all cases where expenses have been incurred, cicrks shaii 
arising under this Act, by advertising such estray or estrays, it shall penses or ad- 
be \hQ duty of the said Clerks respectively, to remunerate such ex- ^^^ '^'"^' 
peiise out of the money arising from the scJe of such estrays ; and it 

shall be the duty of all such Clerks to keep a fair and regular book 'jJ^^.j^l^'^jlJok 
of entry of all such expenditures to exhibit to the Inferior Courts of'?* e-^peud- 

•' . .i iture«. 

their Counties respectively, upon application. 

An Act to compel the Clerks of the Inferior Courts of the different 
Counties in this iSiate to claim Estrays when levied on by execa- 
tion. — Approved Dec. 26, 1831. Pam. 86. 

24. Whereas, there is a practice prevailing in many of the Counties 
in this State, with plaintitfs in execution, to hunt out estrayed pro- 
perty, and have their executions levied on the same ; and, whereas, 
there is no provision by law for any person to claim said property for 
tlie benefit of the County where the same may occur — ^for remedy 
whereof, 

* Changed in various Counties, so that the exceptions far outnumber the general rule; 
see " Local Laws." 



Ci\>;j 



2 ESTRAYS— 1831-'40. 



Claim to estrays levied on — How returned and tried. 



^r'StoCi'k ^^^' ^" ^^- ^^ enacted, That from and immediateiy after the pass- 
oiia-:.^conn^^yQ of this Act, it shall be the duty of the Justices of the Peace aud 
estrays/ Coustable or Constables, of each Captain's district in every County 
in this State, to notify the Clerk of the Inferior Court of the County 
wherein they reside, whenever it comes within their knowledge, or 
when they have any reason to believe, that any execution has been 
levied on estrayed property.* 
Clerk shall 25. Ssc. 11. Li all cascs where the Clerks of the Inferior Courts 
for'tW of the different Counties in this Sta.te,f shall receive the information 
^^'^' aforesaid, and also, where the fact may come within their own knowl- 
edge, [it shall be lawful] for them to hand a written notice 
to the Constable or Sheriif, as the case may be, (who may have levi- 
ed on any estrayed property,) stating that he claims the said property 
for the benefit of the County as an estray : which said notice shall be 

Claim shall sufficient to compcl the Constable or Sheriif. as the case may be, to re- 
be roturnod. ^ n ' j ' 

turn the ^mAfi.fa. or fi. fas. and notice, to the next Justice's Court of 
the district wherein the levy may have been made, if the saidy?. fas^ 
issued from a Justice's Court, or if the same issued from an Inferior 
or Superior Court, then and in that event to the next Inferior or Su- 
perior Court of the County wherein the levy may have been made, 
issretobe 26. Sec. III. When any notice with the execution as aforesaid 
shall be returned to any of the Courts aforesaid, it shall be the duty 
of the Court, to cause an issue to be made up, between the said Clerk 
of the Inferior Court and the plaintiff in execution, which shall be 
tried in the same manner as all other claim cases, the burden of proof 
resting on the plaintiff in execution. 

27. Sec IY. In all cases where the issue shall be determined 



matleap. 



Costa. 

against the Clerk, the County shall pay the cost. 

An Act to alter and amend an Act entitled an Act to compel the 
Clerks of the Inferior Courts of the different Counties in this 
State, to claim Estrays when levied on hy executioii, passed the 
26th December, 1831.— Assented to Dec. 23, 1840. Pam. 77. 

Taker up 28. Sec. I. Be it enacted, That from and after the passage of 
for^the^^coJTn ^his Act, all Coustablcs in whose hands executions may be placed for 
^y' the purpose of levying on estrays, the said Constable in whose hands 

such execution is placed, shall notify the taker up of all such estrays, 
that he has levied such execution on the estray or estrays, posted by 
him or her, and upon such notice being given to the taker up, it 
shall be, and he is hereby required to claim all estrays levied on by 
such Constable, and to notify such Constable that he has claimed 
such estrayed property for the benefit of the County, which claim 
shall be returned and disposed of in the same manner as claims mada 
by the Clerks of the Inferior Court agreeably to the above recited 
Act. 

[Sec. II. Repealing clause.] 

*Por Act declaring deeds to estrays levied on under certain circumstances void, see 
♦< Penal Laws," sec. 372. 

fBy Act of 1840, the taker up is made the claimant, sec. 28. 



ESTRAYS— 1845. 26:5 



Horned cattle, &c. sale three jnonths. 



A71 Act to amend cm Act to amend the Estray Laws of this State, 
so far as 7'elates to the time of advertising and tolling horned cat- 
tle, sheep, goats or hogs, before they are sold; assented to Decem- 
her tiventieth, eighteen hundred and twenty-three. — ^ Approved Dec. 
26, 1845. Pam. 27. 

29. Sec. I. Be it eyiacted. That from an 4 after the passage of ^'']"'.^-*^«';. 
this Act, all horned cattle, sheep, goats and hogs, that may be tolled months, 
in conformity with the estray laws now in force in this State, may 
be sold at the expiration of three months from the time the)^ are 
tolled. 

Sec II. All laws or parts of laws militating against this Act, be 
and the same are hereby repealed. 



264 



EVIDENCE.— Interrogatories, &c.— 1794. 



Interrogatories from other States. 



ART. I. INTERROGATORIES, AND TESTIMONY BE BEA'^E ESSE. 
" II. RECORDS, AND DOCUMENTxVRY AND WRITTEN EVIDENCE. 
« III. WITNESSES AND ORAL EVIDENCE. 

ART. I. INTERROGATORIES, AND TESTIMONY J)E BEJVE ESSE.f 



Sec. 


1. 


AVitness compelled to answer. 


Sec. 9. 




2. 


Fees. 




*' 10. 




3. 


Non-residents. 




"11. 




4. 


Seamen, infirm persons, 


&c. 


" 12. 




5. 


Convicts, witnesses. 




" 13. 




6. 


Re-enacting clause. 




" 14. 


•' 


7. 


Exam, cie bene esse. 




" 15. 


<( 


8. 


Females. 




" 16. 



Refusal to answer. 
Persons removing, &c. 
Compulsion of Witness. 
Failure to atteiid. 
Contempt. 
Blank commissions. 
Blank commissions. 
16. Discoveries at law. 



in other 

States. 



An Act for pointing out the method of compelling persons residing 
in this State, to give evidence in causes peridiiio; in anothcr.X — 
Approved Dec. 16,^ 1794. Vol. I. 212. 

Whereas, much inconvenience has arisen to individuals from no 
compulsory process having been adopted in the different States, to 
oblige the ^ citizens or residents thereof, to give evidence in suits 
pending in other States ; for remedy Avhereof, as far as it might be 
occasioned by persons residing within the State of Georgia, 
Persons re- 1. Sec. I. i?e it enuctcd, That if the testimony of any persons re- 
sttti^com^'^ s^^^^g within the said State shaU be required in any suit pending in 
peiiedt-j any Court of record in either of the United States, and he, she, or 
mony incas- they shall rcfuse to appear before commissioners appointed to take" his 
espeuing ^^ ^^^ examination, under a commission properly issued and au- 
thenticated agreeably to the laws and rules of the Courts of the 
State from which it shall be sent, or appearing, shall refuse to an- 
swer to such legal interrogatories a.s shall be annexed to the said 
commission, and exhibited to him, her or them, it shall be lawful for 
either of the said commissioners, or the party upon whose applica- 
tion the said commission was issued, to apply to any Judge of the 

*For evidence in cases of contested elections, see " Elections," sec, 21. 

For appointment of commissioners in other States, to take affidavits, see " Convey- 
ances, &c." sec. 38. • 

For form and mode of Affirmation, see "Affirmation." 

For variou'S forms of oaths prescribed, sec titles embracing the particular subject 
matter. 

For Act relative to affidavits of non-resident creditor in cases of Attachment, se« 
♦* Atachment, &c." do. 

For Act requiring the C. C. O. to keep a file of newspapers containing notices, see 
♦'Executors and Administrators," sec. 16. 

For Acts in relation to Evidence in criminal cases, see "Penal Laws." 

For various Acts in relation to grants, see " Land." 

As to evidence in Justices' Court, see title " Justices of the Peace," sec. 9, 11. 

Before commissioners of pilotage, see " Agriculture, &c." Article " Shipping and Pi- 
lotage," sees. 30, 33, 35. 

fSee "Judiciary," sec. 62, as to perpetuating testimony. 

JThe provisons of this Act extended to cases of commissions issuing from our own 
Courts, Act of 1839, sec. 11. See also Act of 1840,' sec. 12. 



EVIDENGE.— Interrogatories, &c.— 1794-'99. 265 

Interrogatories from other States — Interrogatories for witnesses out of County. 

{Superior Courts ot this State^ or Justice of the Inferior Court of the 
County within which such person whose testimony is required may 
reside, and upon producing before him such commission, and his 
being satisfied of its regularity, and on affidavit being made of such 
refusal, he shall issue a subpoena in the usual form, directed to such 
person or persons as aforesaid, requiring him, her, or them, to be and 
appear before the said commissioners at a certain time and place, 
to answer to such legal interrogatories as may be annexed to the 
said commission, and then exhibited to him : Provided, that he shall f'roviso. ^ 
not be required to attend such examination and give answer to the 
said interrogatories, within less than two days after the service of the 
said subpoena, neither shall he be obliged to attend for such examin- 
ation out of the County where he resides, nor more than ten miles 
from the place of his residence ; and upon due service of the said 
subpoena upon such person or persons, the same shall be returned to 
the commissioners on or before the time appointed for the examina- 
tion and the service of such subpoena, proven by the return of the 
proper officer; and on the refusal or neglect of such person or per- o/defauu,^^ 
sons to comply with its mandate, indorsed on or annexed to the said 
subpoena, and returned to the Superior or Inferior Court, as the case 
may require, of the County in which such person or persons reside, 
he, she, or they shall be subject for such neglect or refusal to all the subject to be 
pains and penalties to v/hich such person or persons would have been forircon- 
subject for a similar default in any cases pending in the Courts of this ^'^'"^^' 
State. 

2. Sec. II. The person or persons whose evidence shall be requir- Entitled to 

. tlie fees of 

ed as aforesaid, shall, if they or any of them shall require the same, witnesses. 
be entitled to the same fees or pay as persons summoned to give evi- 
dence in the Superior or Inferior Courts of this State. 



Judiciary Art of 1799. Vol. I. 292. [For title and Act in full, 

see Appendix.] 

3. Sec. XXIII. Where any witness resides out of the State or fnterrogato- 
out of any County in which his testimony may be required in any sue whlre' 
cause, it shall be lawful for either party, on giving at least ten days' ^dlroutTf 
notice to the adverse party, or his, her, or their attorney, accompanied ^^''^ ^'^""^^ 
with a copy of the interrogatories intended to be exhibited, to obtain 
a comimission from the Clerk of the Court in which the same may be 
required, directed to certain commissioners* to examine all and every 
such witness or witnesses, on such interrogatories as the parties may 
exhibit ; and such examination shall be read at the trial on motion of 
either party. f^ 

*May issue in blank; see Act of 1850, sec. 14. 

t For Interogatorics in Justice's Courts, see "Justices oftlie Peace," sec. 11. Tliis 
Act amended, see sec. 4. 

[1.] If the cross interrogatories are not answered, the deposition should not be read. 1 Kel- 
ly, 5ol. 7 Ga. 348. 
The coniraissioners'should, like Jarors, be free from all bias. The clerk of counsel is incompe- 

34 



266 EVIDENCE.— Interrogatories— 1806-' 16. 

Witnesses who cannot attend Court. 



A'H, Act the 7n ore effectually to insure the testimony of witnesses, going 
heijojul seas, or reinovhig without the jurisdiction of the State, arid 
aged and infirm persons. — Approved Dec. 8, 1806. Vol. II. 323, 

[Repealed by provisions of Act of 1838, sec. 10.] 

An Act to alter arid amend, the XXIITd sectioii of the Judiciary law 
(f this State, passed February 16, 1799. — This Act approved Dec. 
i6, 1811. Vol. III. 380. 



'? 



Whereas, the Judiciary law of this State does not fully embrace 
the mode necessary to procure testimony by interrogatories, as justice 
in its fullesl; extent requires ; 
interrogatfl- 4, j^(. if enacted, (Stc. That after the passing of this Act. it shall 

rics may be i ^ r i i ■ • i r i c^ 

exhibited to and may be lawiui where any witness resides out ot the otate oi 
cf>rt"h^/^gu-" out of the County, or where any witness resides within the same, 
Persons re- aiid bciiig a scamau, patroon of a boat, stage driver, mail carrier, aged 
the'"ltatr or ^^ iiifiiTn pcrsou,* and in all other cases where the evidence of any 
cvmnry, t<ea- witiicss cauiiot bc duly obtained in which his or her testimony may^ 
troons,'sta?P be required in any case, it shall be lawful for either party on giving 
olrrfers/iT ^t Icast tcu days' uoticc to the adverse party, or his, her or their at- 
ATother"^' torney, accompanied with a copy of the interrogatories intended to 
cases where, ]3g exhibited, to obtaiu a commission from the Clerk of the Court in 

ace ' 

which the same may be required, directed to certain commissioners, 
to examine all and every such witness or witnesses, on such inter- 
rogatories as the parties may exhibit, and such examxination shall be 
read on the trial, on the motion of either party, any rule, order or 
law to the contrary notwithstanding. ^ 

An Act to carry into effect the Penal Code of this State, and, the Pcni" 
tentiari/ system founded Uieieon. — Approved Dec. 19, 1816. Vol-. 
III. 659.t 

5. Sec. XXIst of the rules. Where any convict confined in the 

*See Actof 1838, sec. 10. 

fFor the remainder of this Act in force, see " Penitentiary," sec. 1. 

tent Ga. 335. A law student in his office is incompetent. 5 Ga. 424. 

The words of the deposition to be taken in their ordinary meaning. 6 Ga. 178. And so 
read as to make sense of every part. B Ga. 189. As to questions. 8 Ga. 421. * 

The party crossing may withdraw his questions if he chooses, the ether party having the 
liberty to read them at his option. 6 Ga. '6Q)b. 

New interrogatories cannot be propounded at the time of executing the commission 8 Ga, 
427. 

[l.J Does not apply to criminal cases. In such, deft must get an order from the Judge. 
4 Qa. 335. 

Tlie interrogatories mxist show on what ground the commission is sought. 4 Ga. 360. 
If the ground stated ceases to exist before the execution of the commission, the answers 
cannot be read. Ihid. Or if the witness return to reside in the County after the execution 
of commission. 6 Ga. 178. 



EYIDENCE.— Interrogatories, fcc— 1823-'29. 267 

Convicts in Penitentiary — Testimony d;^ benti 'sst — Female witnesses — lief'usal to an'swer. 

penitentiary is a witness in any civil cause, depending in any Court JJ/J^'''aye*'"" 
of this State, and his testimony required, the same shall be taken by witnesses 

' ,, . . in ciyil 

commission, and read at the trial of such civil cause ; and in no civ- causes, 
il case shall such convict be removed from the penitentiary to give 
personal attendance at Court. But before such commission issues, 
the party, or his, or her attorney, requiring such commission, shall 
file an affidavit, with the record of the proceedings, that the convict 
to be examined is a material witness in the cause. 



An Act to regulate the mode of talnng testhnonij by commission ami de 
he?ie esse ivilliin this SUtte ; and to alter and amend, the several laws 
relating thereto. — Approved Dec. 20, 1823. Vol. lY. 212. 

6. The Act entitled '• An Act the more effectually to insure the Tho Act of 
testimony of witnesses going beyond seas, or removing without the ed to bo ia 
jurisdiction of the State, and aged and infirm persons,'' passed the 8th ^"'^^'"^'^^* 
day of December, 1806, be, and the same is liereby re-enacted, and 
declared to be operative and effectual in all cases pending, or which 

may be brought in the several Courts of this State.* 

7. Sec. II. In all cases which are or shall be pending in any of when but 
the Courts of this State, when anyone person is the only witness to loany'matl 
any material fact in any case, it shall and may be lawful to examine I^Jiav^^e'^x-** 
such witness Je />e7ie esse, on complyiiio- with the provisions of the '""'"•^'^ ''^ 

^ . ' r J o J. ftejie ease. 

aforesaid Act, in so far as the same are applicable to such case ; and that 
the examination so taken shall be read in evidence in such cause, on 
the terms and under the restrictions specified in the said Act.f 

Sec. III. All laws and parts of laws militating against this Act are Repealing 
hereby repealed. . ''""'' 



cnm- 
ases ex- 



An Act to 2)oijit out and regidate the manner of talcing the Testimony of 
Females, in certain cases. — Approved Dec. 19, 1829. Yol. lY. 226. 

8. From and after the passage of this Act, when the testimony of interrogato- 
any female shall or may be required in any of the Superior or Inferior sue t'Se'^ 
Courts which maybe held in this State, criminal cases only excepted, JJy Jf fe™'" 
it shall and may be lawful for either party, on giving at least ten days' ^''^^{t, 
notice to the adverse party, or his, her, or their attorney, accompanied ceptcd 
with a copy of the interrogatories intended to be exhibited, to obtain 

a commission from the Clerk of the Court in which the same ma}^ be 
required, directed to certain commissioners, to examine all and ever^^ 
such witness or witnesses on such interrogatories as the parties may 
exhibit ; and such examination shall be read at the trial on motion of 
either party. 

9. Sec. II. If any person as above recited shall refuse to appear persona re- 
before commissioners appointed to take her or their examination, or g\!^^e"j^to*b«" 
appearing, shall refuse to answer such legal interrogatories as shall be j^^g'^^n^J^''^ 

*Sec Act of 1838, sec. 10, superseding the Act of 1808. 
ftjee " Judiciary," sec. 62. 



268 EyiDENCE.— Interrogatories, &c.— 1838-^3 9. 

Persons reraoving or imable to attend Court" — Refusal to answer. 

annexed to said commission, and exhibited to her or them, it shall be 
lawful for either of said commissioners, or the party upon whose appli- 
cation the said commission was issued, to proceed in conformity to the 
laws now in force pointing out the mode of proceeding in cases of fail- 
ure or refusal to attend, or answer interrogatories in other cases.* 
Repealing Sec. III. All lav/s or parts of laws militating against the above 
recited Act are hereby repealed. 



clause. 



An Act to amejid an Act to regulate the mode of taking Testimony 
by coimnission and. de bene esse imthin this State, and to alter 
and amend the several laws relating thereto, approved 20th Z)e- 
cember, 1823.— Assented to Dec. 28, 1838. Pam. 245. 

Persons go- iQ. Sec. I. Be it enadeJ, That the Act (for which this is 

nig beyond r-> n ' • i • r • 

seas, or re- amendatoryj more enectually to insure the testimony oi witnesses 

of the Covin- going boyoud sea, and aged and infirm persons, passed on the 8th 

S hustnenr day of April, 1806, which had been repealed, and again re-enacted, 

fnfinn'^mri? ^^^^ dcclarcd to bc operative and effective in all cases pending, or 

1)6 eiiuiiin'd. which may be brought in the several Courts of this State, by Act of 

20th Decemb er, 1S23, be amended [so] as to read as follows, to wit : 

that in case either piaintitF or defendant may deem any witness or 

Avitnesses material in any cause or causes pending in any of the Courts 

of Law and Equity, of this State, and v/ho are going beyond seas, 

removing without the County, or beyond the jurisdiction of the State, 

or whose official or other business vvould require his absence from 

the County, at the term of trial of said cause, or from age or other 

bodily infirmit}/ may be unable to attend Court,f it shall and may be 

lav/ful to examine any such witness or witnesses under commission, 

or [on] serving and filing interroga.tories in the manner prescribed by 

law, in case vv^here witnesses reside out of the County : Provided, 

that in case the person or persons vamose testimony shall have been 

taken, return or be able to attend, that then and in that case, such 

written testimony shall not be received or read. 

Sec. II. Ail laws, or parts, or amendments of laws militating 
against this amendatory Act, be, and the same is hereby repealed. 



An Act to extend the operation of the Act passed 07i the 16th day of 
Decejnber, 1794, e7ititled an Act for pointing out the method of 
conipelling persons residing in this State to give evidence in causes 
peiiding in another. — Assented to Dec. 21, 1839. Pam. 145. 

11. Sec. I. Be if enacted. That all the provisions of the said re- 

Act of 1794 

extended to citcd Act bc, aod the same are hereby extended to the cases of the 
froirany''"'' persoiis wlio may refuse to appear before the commissioners, and give 
County., evidence under commissions issued from any of the Counties of this 
State. J 

*See Act of 1840, sec. 12. . 

tSee Act ol' 1811, sec. 4. JSee next section. 






EYIDENCE.— Interhogatories, &c.~1840-'50. 269 

Proceeding!^ on refusai to ansv/er — Comuiission in blank. 

An Act to j)oint oat and regulate the manner of taking testiniony by 
commissionars in certain cases. — Assented to Dec. 22, 1840. Pam. 
111. 

12. Sec. I. Be it enacted. That when any witness shall fail, re- ^^ ^'^'j"''^ °/ 

' _ _ •' ] reuisal to at- 

fase or neglect to appear before commissioners for the pm^pose of an- tend, 
swering interrogatories appended to a connnission issuing from any 
Com't in this State, in v/hich Court the case may be pending, for 
which said interrogatories are intended to be taken, upon the appli- 
cation of the commissioners therein named, it shall and may be law- 
ful for the party at whose instance said interrogatories are to be taken, 
his, her or their attorney, or for either of the commissioners, to make 
affidavit of such failure, refusal or neglect; and upon application and affidavit 
made to any Judge of the Superior or Justice of the Inferior Court, altomey,^'^ 
of any Circuit or County in which said witness may be when applied 
to, to be examined, accompanied with such affidavit [for such Judge] to 
issue an order to all and singular the SheriiTs, Constables and Coroners 
of this State, commanding them to bring said witness before him ; and 
upon such Judge or Justice being satisfied of the legality of such inter- jud^e or 
rogatories, it shall be the duty of such Judge or Justice to order the of- JiJ^^'coun^" 
iicer having^ said witness in custody to deliver said witness to the 1"*^ *"'*^''% 

o .' tlicir arrest, 

Jailer of such County and Ftol be by the said Jailer confined in the com- ^"d impris- 

• 1 /- • 1 /-< -15 1 111 1 • onment. 

mon jail oi said County, until he or she shall an.swer ttie interroga- 
tories propounded to him or her, to said commission attached. 

13. Sec. II Nothing herein contained shall be so construed as P'mi^iiaWe 
to prevent the Court from which said commission issued, from pun- "'"''""^^'"p 
ishing said witness for contempt of said Court ] and that all laws 

and parts of laws militating against this Act, be and the same are 
hereby repealed. 

An Act to make valid all commissions wJdcJi Jtave lieretofore been or may 
hereafter be issued in blank for the purpose of taking testimony in any 
case arising or which may have arisen in the Courts (fLaiv and Equi- 
ty of this rState, — Approved Feb. 13, 1850. Pam. 115. 

14. Sec. I. Be it enacted, That from and after the passage of commis- 
this Act, all commissions wiiich have heretofore been, or may here- sucYn'bfL'it 
after be issued in blank for the purpose of taking testimony in any 

case pending, or arising in the Courts of Law and Equity in this 
State, shall be valid and as effectual as if the names of the commis- 
sioners had been inserted by the officer issuing the same. 

Sec. II. All laws and parts of laws militating against this Act, 
be and the same are hereby repealed. 

An Act to regulate the taking cf testimony by interrogatories for the 
Courts of lids Stat^, and to amend an Act entitled an Act to authorize 
parties to compel discoveries at Common Law, approved December 
llth, 1847.— Approved Feb. 23, 1850. Pam. 276. 

15. Sec. I. Be it enacted, That In all cases in the Superior andS^^S"" 



270 



EVIDENCE.— Records, &c.— 1802. 



Blank Commissions — Discoveries at law — Document law. 



Inferior Courts of this State, where it may become necessary to take 
testimony by interrogatories as heretofore practised, commissions 
may issue in blank, in so far as relates to the names of the commis- 
sioners ; but the names of witnesses intended to be examined 
shall be distinctly specified in the notice served upon the adverse 
party preparatory to issuing the commission.^ 



Discoveries 
at law. 



16. Sec. II. When any person, either plaintiff or defendant, 
shall desire to file his, her or their written interrogatories, for the 
purpose of compelling the discovery contemplated by the Act entitled 
an Act to authorize parties to compel discoveries at Common Law, 
approved December 17th, 1847, he, she or they shall be authorized 
to do so either in term time or vacation of the said Superior or Infe- 



rior Court, and obtain a,n order from a Judge of said Court, 



requiring 
the 



the adverse party to answer the same in writing, according to 
provisions of tlie Act of which this is amendatory.f 



ART. .11. IlECvORDS, DOCUMENTAEY AND WRITTEN EVIDENCE.^ 



Sec. 17. Document lavr. 

" 18. Acts oi" Shcrilils and Deputies. 

" 19. Deputy Clerk. 

*' 20. Deputy Secretary of State. 

" 21. Trooi of Indorsements. 

" 22. Books legalized. 

♦*■ 23. I^aws and Resolutions. 



Sec. 2-i. Ofiacial attestation. 

" 2d Co:^y of bond. 

" 20. Official attestation. 

" 27. Notarial Acts. 

" 28. Oral evidence as t-) deed. 

" 20. What is a seal. 

" 30. Physicians', &c, books. 



Docninont 
law. 

No writlou 
evidence of 
title to h)o 
vvitiifielfl 
from the Jii- 
n-, unless 
barr^-(l by 
iiw Stiitute 
of Liinitci- 
tiUMc;. 



An Act sui)phme7iUiry to the JiiJlciarij Act, — Approved Nov. 26, 1802. 

Yol. II. 56. 

17. The Judges of the Superior Courts shall net, in an}^ case 
Vv'hatever, withhold any grant, deed, or other document from the 
Jury under v/hich any party in a cause ma)^ claim title, except such 
evidence of title as may bo barred by the Act of limitation. ^ 

■*Re-enacted by same Dcgislaturc, sec. 14. 

tEnacted twice by same Le^^islature, see "Judiciary," Ai-^. " Jarisdictioa," sg3. 5 6, 
where all the Acts on this subjccfc may be found. 

iFor varioa-:! Acts authorizing records of deeds, bills of sale, mortgage 5, marriage con- 
traces, &G. and making copies evidence, see •' Conveyances aiid Registry." 

See same title as to cerl^ain deeds made by academy covixmissioners, sec. 41. 
■ As to ji. i'a. recorded and made evidence for purchasers at Sheriff's sale, sec. GO. 

As to povvers of attorney and specialties made in other States, sec. 16. 

As to certiiicates of consuls and vice-consuls, sec. 52. 

As to ccrtilicd copies of Conscable.i' bonds, sc'o " County Ofhcers," sec. 73. 

Eor xVct making County records transcribed cviden3e, see " County Euuds and Re- 
cords," sees. IG and 27. 

As to recording evidence in criminal cases, see " Penal Laws," sees. 3io, 3;)9. 

As to registry of births, see " County Officers," sec. 31. 

For Act authorizing Tax Coliejtors' deeds to go in evidence in certain cases to prove 
the contents thereof, see " Conveyances," &c. sec. bo^ 

- As to copies of final receipts of executors, &;c. recorded, see *' Executors, Administra- 
tors, ccc." sec. 127. 

Eor certificates of marriage, &c. see " Executors," &c. sec. 25, 22. ' • 

Certified copy of jail bounds evidence, see " Insolvent Debtors," sec. 28. 



\\^ Effect of this Act cxnlained. 2 Kelly y 31. 



t 
EVIDENCE. —Records, &c.— 1810-^11. 271 

liacords by deputies — Eadorsenients. 



An Act to legalize and make valid certain acts of Sheriffs and Clerks^ 
and to regulate (he admission of evidence in the several Courts of JLaw 
and Eqiatjj in this State, so far as relates to certain imijcrs. — Ap- 
proved Dec. 15, 1810. Vol. IL 643. 



Whereas^ considerable doubts have arisen in the Courts of this Pr«a«»5'ie. 
State relative to the official returns of Sheriffs and deputy Sheriffs, 
whose bonds and oaths liave not been entered on the minutes of the 
Court before which such officers may have qualified, 

And whereas^ doubts have also arisen in said Courts as to the pro- 
pi'iety of admitting deeds to go as evidence before a Jury, which a 
deputy Clerk may have certified as to the enrolment ; for remedy 
whereof, 

18. Sec. I. Beit enacted, Sj'c. That the official returns of all fi'^riffs. 
Sheriffs and deputy Sheriffs shall be, and the same are hereby legal- acts made. 
ized and made valid to all intents and purposes, as if made by a ^'^ ' ' 
Sheriff or deputy, who had been qualified according to law.* 

19. Sec. II. All deeds, mortoraofes, conveyances, and other writ- Acts of dop- 

■. \ "'y 'Klerks 

iligs enrolled by any deputy Clerk m the proper Court, and certified maJe valid-, 
by him as such, the same shall be received and admitted as evidence 
ill any Court of this State, in like manner as if the same had been 
recorded by the chief Clerk.* 

20. Sec. III. All grants, copy-grants, testimonials, or any other JJ''|^'|.^)y^'^'^- 
document or paper whatsoev^er, heretofore issued out of the Secreta- ^tate. fiis 
ry of State's office, purporting to be signed by a deputy Secretary Jliiid."^ 

of State, shall be held and taken as legal, provided^ the said paper ^''^^^'•^"• 
shall be ascertained to be genuine ; Provided, nothing contained in 
this Act shall be so construed as to admit any grant obtained on the 
south side of the Oconee and Appalachee rivers, previous to the late 
land lotteries as evidence in any Court within tiiis State. 

21. Sec. IV. In all cases brought by any indorsee or indorsees, J^i^^nj^^'J;^^^ 
assignee or assignees, on any bill, bond, or note, l^elore any Court of \^j^ '^"^ p'"''^' 
Law and Equity in tliis State, the assignment or indorsement, with- 
out regard to the form thereof, shall be sufficient evidence of the 
transfer thereof^ and the said bond, bill, or note shall be admitted as 
evidence, without the necessity of proving tiie handwriting of the 
assignor or assignors, indorser or mdorsers ; any law, usage, or cus- 
tom to the contrary thereof notwithstanding. 



An Act CO legalize ami make valid two manuscript hooks of the old re- 
cords of the Executive Department. — Approved December 16, 1311. 
Vol. III. 289. 



Two J)noks 
xec-" 



22. From and after the passing of this Act, the two manuscript ^^'^ \^' 
books, A and B, in the Executi'/e Department, conta-inins; the records ^i-'"''- ^^^'- 
oi' said Department from the year 1777. to the year 1784 inclusive, "uide viiUd 

*For Act of 1813, making valid certain other acts of Sheriifs and Clerks, see " Coun- 
ty Ofiiceri," sees. 17, 18, 24. 



272 EYIDENCE.— Records, &c.— 1819-'23. 

Public Laws and Resolutions — Official attestation — Coi>ies of bonds. 

that have been transcribed in pursuance of a Resokition of the tenth 
day of December last past be, and the same are hereby legahzed and 
made valid, and shall henceforth become a part of the records of said 
Department. [Certain copies of old plats added to the Surveyor 
General's office, see ''Land."] 



An Act to 7^egulate the adrnisslon of evidence in certain cases in the 
several Courts of Laiv and Equity in this State, and to provide 
for the recording of conveyances of personal property. — Approved 
Dec. 21, 1819. Vol. III. 300. 

All laws and 23. Sec. I. All laws and rcsolutions, as DubHshed bv authoritv, 
published by shall be held, deemed, and considered public laws and resolutions ; 
shaiiTe^p'ub- and the several Courts of Law and Equity of this State, shall take 
faVaJTobe uoticc thcroof as such, any law, usage, or custom to the contrary not- 
noticed by with Stan dine- 

the Courts, w iLH&Lauuiiig. ^ 

The atte.^ta- 24. SecII. Tlic Certificate or attcstatiou of any public officer, 
officer in the either of the State, or of any County thereof, shall give sufficient 
copy o? any Validity or authenticity to any copy or transcript of any record, docu- 
coJd7or*<^f nient, or paper of file, in the respective offices under their control or 
Saklk^evi- Hianagemcnt, or to which they may be lawfully attached, to admit 
dence: the samc as evidence, before any Court of Law or Equity in this 

Provided the . . . ' , 

original is State ; Provided nevertheless, that nothing herein contained shall be 
or^^ construed as to prevent any of the Judges of the Superior or Infe- 
rior Courts to require the original, or ^hat it be accounted for.* 
Sec. hi. [See "Conveyances, &c." sec. 23.] 



An Act declaj^ing certified copies of official bonds testi?no7iy in certain 

cases.— Approved Dec. 20, 1823. Vol. IV. 213. 

Certified CO- 25. lu all causcs uow pcudiug, or which may hereafter be insti- 

givenby'^cuiy tuted, iu any of the Courts of Law or Equity in this State against the 

shall be*^evl- principal and securities or either of them, on any official bond given 

cept^denred ^1 ^^^7 Gxecutor, administrator, or guardian, or any other public of- 

underoath, f^^er of this State, it shall be lawful for the said Courts to receive as 

evidence of the fact of the due execution of such bond, a certified 

copy thereof, made by the proper officer, where such bond is of file 

or recorded, which copy shall be sufficient testimony in the cause, 

unless the same shall be denied on oath.f 



An Act to amend an Act entitled an Act, to regulate the admission of 
evidence^ in certain cases, in the several Courts of Law and Equi- 

*Tlie Act of 1830, provides for the same object with slight variation ; both are insert- 
ed, sec. 26. 

fAs to Constables' bonds, see County Officers, sec. 74 ; Sheriffs' bonds, same title, 
sec. 71. 



EVIDENCE.— Records, &c.— 1830-\^6. 273 

Official certificates — Notarial certificates. 

ty in this State, and to provide for the recording of coyiveyances 
of per sojial property. — Approved Dec. 21, 1830. Pam. 121. 

26. The certificate of any public officer, under his hand and seal aii attesta- 
of office, if one is attached thereto, either of this State, or any Coun- ly^offiaaC"^ 
ty thereof, in relation to any matter or thing, pertaining to their re- ^^® evidence 
spective offices, or which by presumption of law, properly pertains 
thereunto, shall be admitted as evidence, before any Court of Law or 
Equity in this State ;^ Provided, nevertheless. That Jiothinar in this pr^^i'^f'^.'he 

. . T 1 n T ' 1 ^ original IS 

Act contained, shall be so construed, as to prevent any (^ourt to re- acrountod 
quire the production of the original to which said certificate may ap- ^^' 
pertain, or that it may be accounted for."^ 

All laws, and parts of laws, militating against this Act are hereby 
repealed. 



An Act amendatory of an Act, assented to the 21st Dec. 1820,f aii- 
thorizing the certificates and acts of Notaries Public, to J)e receiv- 
ed in evidence in certain cases. — This Act approved Dec. 26, 1836. 
Pam. 170. 

27. Sec. I. From and after the passage of this Act, the certifi- c'^'itificates, 
cates, protests, and other acts of Notaries Public, J under the hand other acts of 
and seal of such Notary, in relation to the non-acceptance of any fie^ made *v- 
bill of exchange, draft, or other order, made for the payment of mo- "^'^"^^• 
ney, or other thing, and also in relation to the non-payment of any 
bill of exchange, draft, order, bond or note, for the payment of money, 
or other thing, shall be deemed and received by the several Courts 
of Law and Equity in this State, as sufficient prima facie or pre- 
sumptive evidence of the facts therein stated,^ without any otlier, or 
further proof ; Provided always, that nothing in this Act, shall pre- 
vent either party, plaintiff or defendant, from having the benefit of 
the testimony of such Notary, should they deem it necessary : ajid 
provided also, that the party relying on such notarial act, shall, at 
the first term, file in the Court, either a copy, or the original of such 
protest or other acts. And provided farther, that whenever a plain- 
tiff, relying upon such notarial act, shall fail to file the same, as is 
herein provided, the Court may grant such further time as it shall 
deem to be reasonable, in which it must be filed in order to be ope- 
rative as evidence. 

Sec. II. [Repeals all conflicting Acts.] 

*See ante. sec. 24. tl822, see Yol. lY. 209. 

jFor mode of appointment, see " County OfRcers," sees. 26, 41, 43. 

(1.) Evidence to prove a transfer appearing on the execution. 3 Kelly ^ 298. 

.) Evidence of notice as well as of non-payment. 3 Kelly, 483. 
Of all the facts therein stated. Ibid. 

35 



b 



274 EVIDENCE.— Records, dec— 1837-'3S. 

Oral evidence to vary contract — What constitutes a seal. 



An Act to regulate the admission oj Oral Evidence, in reference to 
Written Instruments, in certain cases. — Assented to Dec. 25, 
1837. Pam. 110. ' 

Whereas, it is now the practice, in some of the Circuits of this 
State, to admit oral evidence to prove that deeds and bills of sales 
absolute upon their face, were intended as mortgages, or securities- 
for the payment of money, or other thing, only without any charge 
of fraud in obtaining them. And whereas, such practice may lead 
to serious injuries to the rights of the good people of this State, over 
their propert}^, and may present strong inducements to the commis- 
sion of frauds and perjuries ; for remedy whereof, 
oral eyi- 28. Scc. I. Be it enacted, That from and immediately after the 

mSiVto passing of this Act, oral evidence shall not be received in any Courts 
arn'orjago.'^ in tliis State, to show that a deed or bill of sale absolute upon its 
face, made after the passing of this Act, was intended as a mortgage 
or security for the payment of money or any other thing, unless there 
Adin53?ibiej is a charo:e of fraud in obtaining: the same, in which case oral evi- 

to prove . 

fraud. dence, going to show the fraud only, may be received ; any law, 
usage, custom, or practice to the contrary notwithstanding.^ 

Sec. II. All laws and parts of lavv'S militating against this Act, 
be and the same are hereby repealed. 



An Act to declare the force and effect of C(rfain Contracts and In- 
strnments in Writing, therein specif ed. — Assented to Dec. 29, 
1838. Pam. 72. 

Whereas, a diversity of decisions has prevailed in the several 
Courts of this State in regard to the force and effect of certain writ- 
ten contracts and instruments in writing hereafter mentioned, for 
remedy whereof, and for the purpose of securing uniformity of de- 
cisions hereafter to be made in tlie several Courts of Law and Equity 
in this State respecting such instruments : 
Asvrou 29. Sec, I. Be it e?7 acted, That from and immediately after the 

rreacT/o^^pf'-Ssing of this Act, whenever any v/ritten contract or other instru- 
wkhour^eai ^^^ut iu w^ritiug shall be produced in evidence, or for any other ]e;2;al 
shall cc^nsti- piippose whatever, before hny Court of Law or Enuity in this State, 
instrument, duriug the progrcss of any bill or suit whatever, pending in any of 
said Courts, and such written contracts or instrument in writing sliall 
have a scroll or other representation of a seal annexed thereto instead 
of a seal composed of a wafer or wax, or ether tenacious substance ; 
and also whenever it shall be shown by words expressed in the body 
or conclusion of said written contract or ether instrument in writing, 
that it was the intention of the party or parties subscribing the same, 
to become bound by, or to execute a writing obligatory or sealed in- 
strument, though no scroll or seal has been annexed to said written 
contract or other instrument, shall be held, taken and construed by 

(1.) See 8 Ga. Rep. 4.57. 



EVIDENCE.— Records, &c.— 1843. 275 

Books of physicians, blacksmiths, &c — Acts of Congress. 

< ■ — ■ " 

said Courts, both at Law and in Equity, to have all the force, cftect, 
and dignity of writings obligatory or instruments under seal : Provul- f °p^J.g";, 
ed^ that the provisions of this Act shall not extend to any instruments «-^"^n. 
heretofore executed. 

Sec. II. All laws and parts of laws militating against this Act be. 
and the same are hereby repealed. , 

An Act to be entitled an Act to anthorlze the recove7'y by laic^ of open 
accounts in favor of certain classes of jjcrsons therein nained^ up- 
on the same proofs which is now alioived by the laws of this State, 
in favor of tradesmen and merchants. — Assented to Dec. 23, 1843. 
Pam. 125. 

30. Sec I. Be it enacted. That from and after the passage of 
this Act, physicians, blacksmiths, and all other persons in the practice huicSmith^ 
of any regular craft, shall be allowed to sue for and recover judgment <^«^- 
in the several Courts of Law in this State, on open accounts in their 
favor, upon the production and proof of their books of account, in the 
same manner, and on the same terms as is now authorized by exist- p*?^-'^^/'^- 
ing lavv'^s, in cases where tradesmen and merchants are parties plain tilf 
in said Courts.^ • iu^trades- 

Sec. II. All laws and parts of laws militating against this Act. 
be and the same are hereby repealed. 

Jlct of Congress of May 2G, 1790. 1 Gray. Digest, 272.— Statutes at Large, Vol. I. 

p. 122. 

Sec. I. The Acts of ttie Legislatures of the several States shall be authenticated by 
having the seal of their resi)ective htates affixed thereto : The records and judicial ])ro- .^f.^^ ^f r.ho 
ceedings of the Courts of any State, shall be proved or admitted in any other Court Legislature, 
within the United States, by the attestation of the Clerk, and the seal of the Court an- Keconlx ar.c! 
nexed, if there be a seal, together with a certili.'.ate of the Jud";e, Chief Justice, or nre- -""'JF''^' '•'''^ 
siding Magistrate, as the case may be, that the said attcotation is in due form. And orher States, 
the said records and judicial proceedings, authenticated as aforesaid, shall have such How proven, 
faith ajid credit given to them in every C^oiirt within the United States, as they have by 
Law or usage in tiie Courts of the State from whence the said records are or shall be 
taken. * 

Act of Congress of March 27, 180-i. 2 Grav, Digest, ISO.— Statutes at Largo, YoL IL 

p. 298. 

Sec. I. From and after the passage of this Act, all records and exemplifications of 
office books, which are or may be kept in any public office of any State, not appertain- 
ing to a Court, shall be proved or adjnitted in any other Court or office in any other j|pparfi« ^nd 
State, by the attestation of the keeper of the said records or books, and the seal of his c'cpinHifica^ 




proven 

keeper of the great seal oi tiiC State, that the said attestation is in due form, and by the 
proper officer ; and the said certiticate, if given by the -p- residing Justice of a Court, 'shall 
be further authenticated by the Cierl: or Pr.;tliouotary of the said Court, who shall cer- 
tify under his hand and the seal of his office, that the said presiding Justice is duly com- 

* See note to next Act. " 

[1.] Pep^^^t.• sh^c*-- of ;v-v'v c;):itii)dn;:: tao orVhi:d cntjlc^, :nn,T l>o given in CTidence as 
the Look-.i -f iho p.uu. I K.U.IJ, 231. 

rrfiiiahiary proof necessary, 1 Kelly, 231. 8 Ga. Rep. 7-i. 



276 



EVIDENCE.— Witnesses, &c.— 1799. 



Witnesses — :Su' poena — Attachments. 



missioned and qualiiied ; or if th.e said certificate be given by the Governor, the Secre- 
tary of State, the Chancellor, or keeper of the great seal, it shall be under the great seal 
of the State in vrhich the said certilicate is made. And the same records and exempli- 
fications, authenticated as aforesaid, shall have such faith and credit given to them in 
every Court and oiiice within the United States as they have by laAv or usage in the Courts 
or offices of the State from whence the same are or shall be taken * 

Sec. II. Extends the provi-:ions of both Acts to *' the Territories and Countries sub- 
ject to the jurisdiction of the United States." 



ART. III. WITNESSESf— DEAL EVIDENCE. 



Sec. 31. Witnesses — subpoena. 

32. Attachment. 

33. When discharged. 

34. Fees — two to a point. 

35. Grand Jurors. 
30. Subpoena duces tecum. 

37. Attachment and fine. 

38. Evidence of contents. 



Sec. 39. States' witne:=^3es — non-resident. 

" 40. Fees— collection. 

*' 41, Costs in State eases. 

" 42. County refunded. 

" 43. Religious opinion. 

" 44. Judge's signature. 

" 4-5. Confidential coiixmunications. 



Judiciary Act of 1799. Yol. I. 292. [See "Appendix."] 



Witnessef?. 



Subpoena 5 
days before 
Court. 



Attachment 
for non-at- 
tCHdancc, 



'^l. 



OEC. 



and liable to 
damages. 



^i. i^-sic. XIX. Where the attendance of any person shall be 
required as a witness in any of the Courts aforesaid, f in any cause 
depending therein, it shall be the duty of the Clerks of the said 
Courts respectively, on application, to issue writs of subpoena direct- 
ed to the persons whose attendance shall be required, where such 
persons reside Avitliin the County in which such cause may be de- 
pending, which writ of subpoena shall express the cause, and the par- 
ty at whose suit it shall be issued, and shall be served on such witness- 
es at least five days before the Court to v/hich it shall be returnable ; 
and which writ shall be served by a Sheriff, Constable, or some pri- 
vate person, and the return of a Sheriff or Constable of such service, 
or the affidavit of any private person, shall be sufficient evidence 
that such subpoena was duly executed. 

32. Sec. XX. Where it shall appear in manner aforesaid, that a 
Avitness in any cause sliall have been duly summoned, and such wit- 
ness shall fail to appear, it shall be the duty of the Court, on m^otion, 
to issue an attachment against such defaulting witness returnable 
to the next Court, and shall fine such witness in a sum not ex- 
ceeding three hundred dollars, unless he or she shall make a suffi- 
cient excuse for such non-attendance, which shall be judged of by the 
Court : but shall nevertheless be subject to the action of the person 
at whose suit such witness shall have been summoned, for any dam- 

*See Art. IV, Sec. 1. Constitution of the United States. 

For decisions of ihe United States Courts uoon this Artide and these Acts, sec 7 Cranch, 
483. 6 Peters, 317. 4 Dallas, 412. 7 Cranch, 4C3. 9 Cranch, 122. 6 Whcaton, 129. 11 Wtsea- 
ton, 392. Petets' C. C, R. 1-55, 74. 4 Washington, C. C. , 6-57. 3 Wabhington, C. C. R. 
126. 

Decisions of Supreme Court of Georgia, o Ga. Rej). 218. 8 Ga. Re]?. 201. 

tAs to oral e\T.dence to make an absolute deed a mortgage, see Arc. "Records, &c." 
sec. 28. 

Free from arrest on civil process see " Judiciary," sec. 50. 

"Witnesses on Inquests, "Judiciary," sec. 267, 275. 

Persons convicted of perjury or subornation, incompetent ; see "Penal Laws," 162. 

Indians incompetent, see "Indians." 

"Witnesses in Justices' Courts, see "Justices of the Peace," 11. "Pecs," sec. 13. 

^Superior and Inferior. As to Justices' Courts, see "Justices of the Peace," 11. "Wit- 
nesses to a will bound to attend its probate ; see " Executors, Admuiistrators, &c." 85. 



EVIDENCE.— Witnesses, &,c.~ir99~1812. 277 

Fees — Grand Jurors. 

age which he, she, or they may have sustained, by reason of such 
non-attendance. 

33. Sec. XXI. When a subpoena shall be served on any wit- ^^"^^ attend 

r 1-1 -1111 IT r 1 til! discharg- 

ness, m coniormity to this Act, it shall be the duty ol such person ed. 
so summoned, to attend from time to time, until the cause in which 
such witness shall have been summoned is tried, or be otherwise dis- 
charged by the Court. 

34. Sec. XXII. On the last day of the attendance of any witness Their feoa 
in each term, it shall and m.ay be lawful, on application of such wit- payment, 
ness, to exhibit his account for attendance, against the person or per- 
sons at whose suit he or they may have been summoned, and the 
Judge or presiding Justice shall examine and certify the same under 

his hand,* which shall be countorsigned by the Clerk, whereupon 
such ciccount so certified, shall have the force and eifect of an exe- 
cution, and may be levied by the Sheriff or Constable, according to 
the amount thereof, of the goods and chattels of such party, in like 
manner as in cases of other executions. Provided nevertheless^ that 
v/here any witness shall claim, and levy for more than is really due, 
such witness shall forfeit and pay to the party injured four times the 
amount of the sum so unjustly claimed. And no party cast in any 
suit shall be taxed for more than the cost of two witnesses to imy two wit- 

nP^sps to ^^v 

material point in any cause, which shall be specially certified by the cry material 
Court trying the same ; nor shall any party be allowed to tax costs '*'"" 
for different witnesses to different material points, where the same 
witnesses shall be sufficient, in the opinion of the Court, to prove 
sucli material point. 



An Act to admit Grand Jurors to give evidence. — Approved Dec. 

10,1812. VoLIII. 397. 

Whereas, doubts do exist as to the propriety of admitting Grand Ju- 
rors to give evidence against persons v/ho may have been sworn be- 
fore them, v/hen in session as a Grand Jury, on account of that part 
of the oath which requires them to keep secret the State's counsel, 
their own, and their fellows', which secresy ought not to exist long- 
er than the term, or after the bill is publicly read in Court ; for rem- 
edy whereof, 

35. Sec. I. Beit cnncfcd, S*c. That all Grand Jurors shall be ^^"ndJurors 

r^ r T • T • tn 1 .are ccniipp- 

competent Witnesses m any Court oi record m this htate wnere it tent wituesi:- 
may be necessary, on account of any thing that may be given in evi-^^* 
dence before them, as a body of Grand Jurors ; any law to the con- 
trary notwithstanding. 

Sec. II. [Oath altered accordingly. See Judiciary, Art. Juries.] 

An Actio enable parties litigant in the Superior and Inferior Courts 
of this State, to compel the production of written tcstimojiy, when 
the same may be in the possession of persons not parties to the 

♦Signature of Judge dispensed with, sec. 44. 



278 EVIDENCE.— Witnesses, (fcc— 1829. 

Subpoena duces icn/n. — Penalty. 

cause, and residing ivithout the County iclierc sucJl cause is pend- 
in<y; ; and for otker purposes. — Approved Dec. 19, 1829. Vol. lY. 
226. • 



Preamble. 



36. Whereas:, parties litigant in the Courts of this State fre- 
quently suffer great inconvenience, and sometimes gross injustice^ 
by reason of the difficulty of procuring Avritten testimony which 
may be necessary to the successful prosecution or defence of his 
cause, where the same happens to be in the possession of persons 
not parties to the cause, and residing without the County in which 
the cause is pending ; for remedy whereof. 
Subpoena 3 Be it enactcd, That from and after the passing of this Act, when 
mayVo'^fo" auy docd, bond, note, or other writing which it may be necessary 
hand? of '^^ to usc as tcstimouy in any cause v^hich now is, or may be hereafter 
^^rtSr^ pending in any of the- Superior or Inferior Courts of this State, may 
ingwitofthebe in the possession of any person not a party to said cause, and not 
^""^*' resident within the County in which said cause is pending, the Clerk 
of the Court in which said cause is pending, shall, upon the applica- 
tion of the party or his attorney/ desirous of procuring such testimo- 
ny, issue a subpoena daces tecum, directed to the person having such 
deed, bond, note, or other writing in his possession, and requiring 
him to be and appear at the next term of said. Court, and to bring 
with him into said Court the paper desired to be used as testimony, 
which said subpoena duces tecum shall be served thirty days before 
the Court to which it is made returnable, by a Sheriff, Constable, 
or some private person ; and the return of the Sheriff, Constable of 
such service, or the affidavit of such private person, shall be suffi- 
cient evidence that the subpcEua v/as duly served. 
Persons fail- 37. Sec. II. Whcu a subpoBua shall be issued and served in 
tendon sucb terms of the first section of this Act, and the person whose attend- 
I'libiTtTat- ^i^ce is hereby required shall f^iil to comply v\ath the requisitions 
taehmcnt thercof. it shall be the duty of the Court, on motion, to issue an at- 

andnne. . i i /- i • • 11 1 

tachment against such deiauitmg witness, returnable to the next 
term of said Court, and shall fine such witness in a sum not exceed- 
ing three hundred dollars, unless he or she shall make a sufficient 
excuse for such failure, which shall be judged of by the Court, but 
Ami subject shall nevertheless be subject to the action of the person at whose 
damages. °^ suit sucli u'itiiess sliali have been summoned, fo'r any damage which 
he, she, or they may have sustained by reason of such failure ; Pro- 
proviso. vided nevertheless, that if the person so subpoenaed shall, within ten 
fife" h"^n-^^ days after the service of such subpoena, deliver to the party at whose 
STn Vffi- ii^stance the subpoena was sued out, or his attorney, or file in the of- 
davit,<fce. fjce of the Clerk of the Court from v.^hich such subpoena issued, the 
paper, the production of which is required by such subpoena, or shall 
deliver to the said party or his a.ttorney, or shall file in the said of- 
fice, his afiidavit that the said paper is not in his power, custody, pos- 
session, or control, nor was it at the time of serving said subpoena ; 
then, and in that case, such delivery or filing of the paper so sought 
as aforesaid, or of such affidavit, shall be considered in full and coin- 
plete compliance with the requisitions of such subpoena duces 
tecum. 



EVIDENCE.— Witnesses, &c.— 1836. 279 



State'lTAvitncsses non-res i({ft> I — How paid. 



38. Sec. III. In any cause now poiuliug, or which may here- ^^'J^lj^'J^; J[;^ 
after be petidiug, in the Superior or Inferior Courts of this State, Rper, may 
where g.ny party shall pursue the course hereinbefore pointed out, donee ofcon- 
but Avho is unable thereby to procure such written instrument, 
such party shall be permitted to go into parol evidence of the con- 
tents of such written instrument. 

Sec. IY. All laws and parts of laws militating against this Act, T^/^i^aiing 
are hereby repealed. 



All Act to compensate persons ivho maij he compelled to attend tlie Supe- 
rior Courts of this State as witnesses in tjehalf of the Htate^ in 
(bounties otlier than, ivliere such person or persons may reside. — 
Approved Dec. 30, 1836. Pam. 278. 

39. Sec. I. From and after the passage of this Act, that any ;';^^^^gj JJ'^ 
person or persons who may be compelled, by subpoena or recogni- ^'-."'''"^ ^^^ 
zance, to attend any of the Superior (courts of this State, as a wit- county, t<» 
ncss on the part of the State, in Counties other than where such per'aay'^and 
pt'rson or persons reside, shall receive for each day, while he or she ""'^^se* 
may be in attendance on said Court, the sum of two dollars, and the 

like sum of two dollars, for every thirty miles, he, she, or they, rniy 
travel, in going to, and returning from said Court, which said several 
sums shall be taxed in the bill of cost, and paid for out of the Coun- From the 
ty funds, in such Couuty as the case may be pending, as soon as fulX^ 
such case may be disposed of by said Court. ^ 

40. Sec II. Any person or persons, who may attend the Supe- whether 
rior Courts as above directed, shall be entitled to such pay as is conviction or 
therein stipulated, whether there be a conviction of the defendant "^^' 

or not, U})on his making affidavit before some Judge of the Superi- 
or, or Justice of the Itiferior Court, or Justice of the Peace, to the 
number of days which he or she has been in attendance on said Court, 
and the number of miles he or she will travel, in coming to and re- 
turniiig from said Court, wliich said affidavit must be signed by the ^^''^*^'^- 
presiding Judge, and countersigned by the Clerk of said Court, and 
in that case, it shall become a v/arrant on the County Treasurer, or 
Clerk of the Liferior Court of such County wherein the witness 
has been in attendance. 

41. Sec. III. Nothing herein contained shall be so construed, [J'g"^^;^^,^^"^j** 
as to prevent the cost being collected in the same manner as hereto- fj"-"" defend- 
fore pointed out by law, from any defendant or defendants in State 

cases. 

42. Sec. IV". So much of said cost vs^hen collected, as has been J^fh?'^^''* 
paid out by the County Treasurer, or the Clerk of the Inferior *"'"""^y* 
Court, to witness or witnesses who may reside without the limits of 

such County, shall be paid overby the Sheriff or Clerk of the Superi- 
or Court, to such County Treasurer or Clerk of the Inferior Court, 
as may have paid the same, and be applied to County purposes. 



(1.) Does not apply to defendants' witnesses. 7 Oa. 443. 



280 EYIDENCE.— Witnesses, &c.— 1841-'50. 

Keligious opinion no disability — Subpoenas — Testimony of attorney. 



An Act to reynove all disabilities whatever from persons in this State 
froni' testifying in any of the Courts thereof or having their oath 
or affirmatio7i, ivhere the same is necessary to secure any right or 
interest ivhatever, by reason of any religious opinion he, she or 
they inay entertain or express. — Assented to Dec. 11, 1841. Pam. 
144. 

Reirgioua 43. Sec. I. Be it ciiacted. That from and immediately after the 
disability, passage of this Act, no person shall be excluded from testifying as a 
witness in any of the Courts of LaAV or Equity in this State ; or de- 
prived of his, her or their oath or affirmation, touching any matter 
or thing where an oath or affirmation is necessai^y to secure any right 
or interest whatsoever, b}^ reason of any religious opinion such per- 
son or persons may entertain or express ; Provided, nothing in this 
Act shall prohibit such disabilities going in evidence to the Jury to 
affect the credit of such witness or Avitnesses. 



An Act to amend the laws of this State, pointing out the manner of 
collecting witnesses' fees for their attendance, under subpoena, in 
cei^tain cases. — Assented to Nov. 26, 1842. Pam. 167. 



Signature of 44. Sec. I. Be it euacted, That from and after the passage of 
piifaV dis- " this Act, in the Superior and Inferior Courts of this State, it shall 
pensed with. j^Q^ be uccossary for the Judge or presiding Justice to examine and 
sign the accounts of witnesses serving under subpcenas, as is now 
required by law ; but the same being examined and signed by the 
Clerk of such Court, shall have the same force and effect as now di- 
rected by law. 

All laws and parts of laws militating against this Act be, and the 
same are hereby repealed. 



An Act to regulate the testimony of Attorneys at Law. — Approved 

Feb. 21, 1850. Pam. 46. 



Confidential 45. Be it euacted. That from and after the passage of this Act, it 

tTonrto^it-^ shall not be lawful for any attorney at Law or in Equity in any case 

noTbepro-^^ hereafter commenced, to give testimony in any Court of Law or 

I^'i'ins'^cii Equity in this State, of any matter or thing, either for or against 

eat. his client, the knowledge of which he may have acquired from his 

client, or during the existence and by reason of the relationship of 

client and attorney : Provided, nevertheless, That no attorney shall 

be exempted from making answer as defendant, v/hen a proper case 

shall be made in Equity, and his answer required as by the laws 

now in existence. 

All laws and parts of laws militating against this Act be, and the 
same are hereby repealed. 



EX'RS, ADM'RS,&c.— Court OF Ordinary— 1799. 



Jurisdiction of Court of Ordinary — Clerk. 



281 



EXECUTORS AND ADMINISTRATOES, COURTS 
OF ORDINAllY, GUARDIANS, ORPHANS, 
POOR, MARRIAGE LICENSES, IDIOTS, LUNA- 
TICS, &C. 

AIIT. I. COURTS OF ORDINAIIY. 

" II. DISTRIBUTION OF ESTATES. 

" III. EXECUTORS', ADMINISTRATORS' AND GUARDIANS' DUTIES. 

«• -IV. IDIOTS AND LUNATICS. 

«' V. POOR LAWS. 

*' YI. WILLS. 

ART. I. COURT OF ORDINARY.— OFFICERS AND JURISDICTION.* 



Clerk may open, &c. 

Probate out of County. 

Certificate. 

Oripjinal will — Caveat. 

File of newspapers. 

Oi:;en to inspection. 

Administration — where granted. 

Guardianship — where. 

Term second Monday January. 

Proceedings legalized. 

License to Jewish ministers. 



An Act to carry into effect the sixth section of the third article of the 

Constitution, and to Mjneiid an Act entitled, S^^c. [The Act of 1789, 
see sec. 59] and to preve7it iJntails. — Approved Feb. 16, 1799. 
Vol. I. 219. 



. 1. 


Jurisdiction — Clerk. 


Sec 


12. 


2. 


Marriage License. 




13. 


3. 


Clerk's fees. 




U. 


4. 


Entails. 




15. 


0. 


Return on marriage license. 




16. 


6. 


Appeal. 




17. 




Citizens only Administrators. 




18. 


8. 


Jurisdiction. 




19. 


9. 


Terms— Probate of WiU. 




20. 


10. 


Opening of Court. 




21. 


11. 


Adjournment. 




22. 



1. Sec. I. From and after the passing of this Act, the Inferior ^^|.-Jj|'^^'(^,|i^^J^ 
Courts in each County shall have jurisdiction^ and authority to hear "f ordinaiT. 
and determine all causes, matters, suits, and controversies, testament- 
ary, which shall be brought before them touching the proof of wills; 
and shall examine and take the proof of wills,f grant probate thereof, 
and shall hear and determine the right of administration of estates 
of persons dying intestate, J and to do all other things touching the 
granting letters testamentary and letters of administration according 
to law and right :^ and shall appoint its own Clerk, who shall be 'Vht^ court 
commissioned by the Governor,^ and before he enters on the duties a ciork.'"^'''* 
of his office shall take an oath well and truly to perform the duties 

*As to the power of the Court to compel the attendance of witnesses, see Art. " Ex- 
ecutors," &c. sec. 8o, 

fWitnesses must attend, see sec. 85 this title. See also sec. 9, authorizing probate in 
vacation. Also sec. 13, in County where testator died. 

JSee Act of 1847, sec. 18, as to County in which administration may be granted. No 
administration on an Indian's estate; see "Indians." 

§See sec. 8, recapitulating its jurisdiction. 

[1.] Courts of limited jurisdiction. 7 Gd- Rep. 362. 

[2.] The commission is only jn-iina facie evidence of right, anl the Courts may look be- 
hind it to inquire into the validity of the election. 8 Ga, Rep. 360. 



282 EX'RS, ADM'RS, &c.— Court of Ordinary— 1799-rl805. 

Marriage licenses — Ileturu thereon. 

required of him as Clerk of the Court of Ordinary, to be admiiiis* 
tered by one of the Judges thereof.* 

Sec. 11. [As to letters of administration, see sec. 73 of this 
title.] 
The cicrk 2. Sec. III. The Clerks of the Courts of Ordinary in the sev- 

may grant . . . . "^ 

nuiriage li- eral Comitios shall s-rant marriage licenses, directed to any Judofe, 

censes or . »- .'o/ 

banns may Justicc of the Inferior Court, Justice of the Peace, or minister of the 
bopu '^^'^'-gQgpoi^i iQ jqI^j persons of lawful age, and authorized by the Leviti- 
cal degrees to be joined together in matrimony ; and where such per- 
sons intending to marry shall have the bans of marriage published 
three times in some public place of worship, it siiall be lawful for 
such Judge, Justice of the Inferior Court, Justice of the Peace, or 
niinister of the gospel, being duly certified thereof, to marry the 
persons whose bans have been so published ; J and any person mar- 
t^rfor'n'ny ^T^^^D ^^W ^^OLiplc without sucli liccuse or publication of such bans 
person t) shall forfcit $5-500, to be recovered for the use of the academy of the 

marryacou- i • p i i • .^^ i • • " i ^ 

pie without County, by action oi debt m any Court having cognizance thereoij 
publication in the name of the commissioners of such academy. 
ci'l^TfL.. 3- Sec. IV. The fees of the Clerk of the Court of Ordinary 
" shall be the ,same as the fees heretofore allowed to registers of pro- 
bates.^ 
Eatate«taii. ^4. Sec. Y. Estatcs shall iiot bc entailed. [See Conveyances, 
sec. 20, and note thereto.] 

Sec. VI. So much of the said recited Act as comes within the 
purview of this Act shall be, and the same is hereby repealed. 



Ail Act to alter and amsnd the foregoing.- — Approved Dec. 6, 1805. 

Vol. II.'"259. 

cierc'vmen ^- ^^-'^- IX. It shall bc the duty of all ministers of the gospel, 
and others Judsfcs, Justiccs of the Inferior Courts, or Justices of the Peace, who 

to make re- ^ ^ . ' ^ r 

turn on the shall hereafter joiii together any person in the bonds of matrimony, 

marriage !i- , , .... r . \ j i • ^ 

ceii:;e of thatD miKi a retum on tne mirriajre license oi tne actual mtermarria;2re 
st£mi\\zt of the parties, aiid the day on which the same was solemnized, to 
!4an"bo'r?- ^^G Clerk of the Court of Ordinary, whose duty it shall be to enter 
tT'^^kt ^^^ same in a book to be kept by him for that purpose, for which he 
furrecrding. shall be entitled to ask and receive the sum of twenty-five cents, 
which shall be paid when such license shall be granted ; which re- 
The return gistcr, or a Certified copy thereof, shall be admitted as evidence of 
dcar.e'tSf To such marriage in any Court where the solemnization of such mar- 
marriage, ^iagc shall be Called in question. 

[For the remainder of this Act, see sec. 79 et seq. this title.] 

*See further as to the ai^pointment of Clerk, filling vacancies, his bond, &c. •' County 
Officers," sejs. 11, 19, 33, Q'd. -For his duties and fees, se2 generally the Acts under 
this general title and "Fees," sees. 11, 37 and note. 

tAs to Jewish marriages, see Act of 18iD, sec. 22. 

:J;Who must make return thereon to the Clerk, sec. 5. As to registry of births, 
see " County Offiecrj," sec. 31. For penalty for marrjdng a couple without a license, 
see " Penal Laws," sec. 239. 

^For fees of Kegister of Probates, see '• Fees," sees. 11, 37, and note. 



EX'RS, ADM'RS, &:c.— Court of Ordinary— 1805-' 10. 283 

Appeals — Citizens only administrators, &c.- — Jurisdiction. 

All Act to amend an Act to carry into effect the sixth section of the 
third article of the Constitution of this State. — Approved Dec. 7, 
1805. Vol. il. 268. 

Whereas, the Constitution of this State, in the said sixth section 
of the third article, declares that •' the powers of the Court of Ordi- 
nary or register of probates shall be vested in the Inferior Courts of 
each County, from whose decision there may be an appeal to the Su- 
perior Court, under such restrictions and regulations as the General 
Assembly may by law direct," &c. 

6. Sec, I. Be it enacted, That in case either party in the said Appeal fmra 
Courts of Ordinary shall or may be dissatisfied with any decision ordinasyai- 
thereof, then and in all such cases, such dissatisfied party may within superior. 
four days after the adjournment of the said Court be allowed to en- 
ter an appeal, by paying all costs which may have accrued, and giv- 
ing security to the Clerk of the said Court of Ordinary^ for such further 

costs as may accrue by reason of such appeal, which appeal so en- 
tered shall be by the said Clerk transmitted to the Clerk oi the Su- 
perior Court of the County in v/hich such proceedings may take 
place, at least ten days before the next Superior Court of said C/Ounty ; 
and which said Superior Court shall determine thereon at such term, 
according to law and right,* and letters testamentary or of adminis- 
tration shall not be granted or issued until the decision of such ap- 
peal by the said Superior Court ; but the said Court of Ordinary may, J^tS^'*'^ 
pending such appeal, grant temporary letters to collect the estate of 
the deceased. f 

7. Sec. II. No letters testamentary or of administration shall be p''"''''^ ""*. 

-'^ ... to be grantoa 

granted to any person or persons who is or are not a citizen ori citi- to any 'ju^ 
zens of the United States, residing in the State of Georgia. tiieu. Lres- 

Sec. III. All Acts heretofore passed militating against this Act ' ^^""^^"^^ 
shall be, and the same are hereby repealed. 



An Act to amend an Act for the more effectually securing the pro- 
bate of Wills, lunitlng the time for E.vecators to qaalify and 
loidows to make their election, a.7id for other purposes therein men- 
tioned.— A.^^iovQdL Dec. 15, 1810. Vol. II. 068. 



8. Sec. I. The Inferior Court when sitting for ordinary purposes, J"[;,^ 



Inf. Court 



fr as a 



shall be known only as the Inferior Court sitting for that purpose,^ d^'u-^-"^ ^^^' 
and that their Clerk shall be known as the Clerk of Ordinary only ; Their pjw- 
and that the said Inferior Court when sitting? for ordinary purposes, '"^"^^ '^^^* 
shall have the original jurisdiction of all testate and intestate estates, 
apponiting administrators and guardians,'^ to qualify executors, ad- 

*To he tried by a special Jury, sec " Judiciary," sec. 139. See furtlier as to appeals, 
<* Judiciary," sec. 147, 150. 

tTeinporary letters on application to the Clerk of the Court of Ordinary, see sec. 73. 

(1.) A bond payable to the appellees is sufficient and valid. 8 Ga. Rep. 255. 
(2.) See 7 Ga. Rsp. 455. 

(3,) The order of appointment of Guardian must show cither that the person or property 
of the ward was within the jurisdiction of the Court. 7 Ga. Rep. 332. 



284 EX'RS, ADM'RS, &c.— Court of Ordinary— 18 10-'23. 

Terms of Court — Probate of wills in vacation — Opening and adjovirnnient of Court. 

ministrators, and guardians, and to bind out orphans, and all such 
other matters and things as appertain or relate to estates of deceased 
persons, whether testate or intestate.^ 

Sec. VI. [Temporary ; as to Clerks previously elected.] 

Terms of the 9. Sec. YII. The Said Inferior Court shall meet for ordinary 

two'^moa'thl purposcs ou the first Monday in January next,t and on the first Mon- 

May hold ad- day in cvcry other month thereafter ; pi^ovided, that when the busi- 

journed c'ts. j^^ggg of the Court sliall require it, the Justices may by adjournment 

hold meetings at any other time, or at any other day than those be- 

wiiis—how fore appointed for their meetings. J And provided also, that two or 

eation. morc of thc Said Justices of the Inferior Court, shall be authorized 

in vacation time, to admit any executor of a will to prove the same 

before them ; but there shall be a Court, and at a regular and legal 

time of meeting thereof, before the same shall be admitted to record. 

[For the other sections of this Act, see this title, sees. 89 to 92.] 



An Act to alter and amend the ATth section of the Judiciary System 
of this State, and poi/ding out the manner (f filling vacancies in 
the offices of Chrh of the Superior and Inferior Courts. — Approv- 
ed Dec. 19, 1817. >ol. 11. 161. 

const'lJr^^ Sec. I. [Superseded, 1826, see County Officers, sec. 52.] 
may art at 10. Sec. II. lu the abscuce of the Sheriff or his deputy, it shall 
ab!!enc'e" o/^ and may be lawful for the Judges of the Court of Ordinary, to direct 
The fchenfi. ^^ -^ Court to be Opened and attended by the Coroner, or any Con- 
stable of the County ; and they may make a reasonable compensa- 
tion to the said Coroner or Constable for his services.^ 



An Act to authorize the adjournment of the Superior and Inferior 

Courts and Courts of Ordinary in cerluiii cases, bij the officers 
therein named. — xlpproved Dec. 8, 1823. Vol. lY. 211. 

Whereas, it frequently happens from unavoidible circumstances 

that the Judge of the Superior Courts — a majority of the Justices of 

the Inferior Courts, cannot attend at the regular term of said Courts 

and that a term is thereby lost, to the great injury of those concerned, 

as well as a delay of justice, be it therefore,. &.c. 

[Secs. I. III. and lY. See Judiciary, sec. 42.] 

Adjournm't 11. Scc. II. If, from any circumstance as aforesaid, a failure 

ordiniiry'' by should take placc iu making a Court of Ordinary in any of the Coun- 

and the^^ ^^^^ "^ ^^^^^ State, cithcr at a regular term or at any adjourned term, 

c'erJc that it shall and may be lawful for any one Justice of the Inferior 

*See sec. 1, this title. See also subdiWsion <• Idiots and Lunatics/' sec. 174, as to 
Guardians of Idiots and Lunatics. 

t Second Monday in January, see sec. 20. 

JFor officers to attend and open Court, see secs. 10, 11, 12; adjournment in certain 
cases, 11, 12. 

§See Acts of 1823, secs. 11 and 12. 



EXTvS, ADM'RS, &c.— Court of Ordinary— 1823-'38. 285 

Adjourn lie lit — Probate in County of testator's death. 

Court, with the Clerk of the Court of Ordinary, to adjourn said Court 
to such time as they may think, in their judgment, proper. 



An Act to amend an Act^ ^c. and to provide for the opening and ad- 
jour iiins; of the several Courts of Ordinary in this State, in certain 
cases.— Approved Dec. 20. 1823. Vol. IV. 211. 

Sec. I. [See Judiciary, sec. 291.] 

12. Sec. II. It shall be the duty of the Sheriff of each County ^^;;^^ ,^ 
in thi 

i.iry 



irn. 



lis State, either by himself or deputy, to attend at the Court attend o'ts 

^ •' ' oi Ordiniiry 

house of their respective Counties, of each and every day of holding or the ci'ks 
Courts of Ordinary, for the purpose of opening and adjourning said jourr^ 
Courts, unless such Sheriff shall procure some Constable of such 
County to perform such duty ; and in case the Sheriff shall at o.ny 
time fail to comply with the requisitions of this Act, it shall and may 
be lawful for the Clerk of said Court to open and adjourn such Court, 
any law to the contrary notwithstanding.* 



An Act to authorize the probate of JVills in certain cases, in the Conn- 
ty wJicre the testator died or 'may die. — Assented to Dec. 29, 1838. 
Pam. 255. 

13. Sec I. When any person shall depart or has departed this ci^,',"f^rof "^ 
life testate, and when without the limits of the County of the citi- residence 

iirohiitG of 

zenship of said testator, it shall and may be lav/ful for the will of the win in th© 
said testator to be admitted to probate in the County of the residence hiTdeat!?. 
of the v/itnesses to the will of any testator as aforesa-id : Provided, 
said witnesses shall reside at the time of the' probate of the v/ill, in 
the County where said testator died or may die. 

14. Sec. II. The certificate under the hand and official seal of certfficate of 
the Clerk of the Court, where such probate may be made, shall be dence~.7^" 
sufficient authority and evidence of probate, to authorize the granting P^'^^^^^e. 

of letters testamentary, or administration, with the will annexed, 
and in the proper County, and under legal restrictions by proper au- 
thority. 

15. Sec III. The Clerk of the Court where such will may be O'"'?'"''^' vviii 

• ■in . , . . , .„ , . , to acconipa- 

proven as aloresaid, snail transmit the origmal will, together with ny ccnifi- 
the certificate aforesaid, to the Clerk of the Court of the County ^"^^^^ 
where letters testamentary or administration are, or may be granted, 
and it shall be the duty of the Clerk of the Court last aforesaid, to 
record said will, as is now provided by law, and when a caveat caveat- 
shall be filed to said win, the same shall be tried in tlie County '^*''''' *"'**• 
where such letters testamentary or administration are or may be 
granted. 

Sec IV. All laws and parts of laws militating against this Act, 
be and the same are hereby repealed. 



*See previous sections. 



286 EX'RS, ADM^RS, &c.— Court of Ordinary— i839-'43. 



File Oi'ncAvspaptrs-^ Jurisdiction — Term of Court. 



A71 Act io make it the duty of the CUrks of the Court of Ordinary 

of the several Counties in this State to preserve the evidence of 

Legal Notices in certain cases, and in relation to the appoiniment 

*of Admin istrators and Guardians i?i certain cases. — Assented to 

Dec. 21, 1839. Pam. 38. 



C. C. O. to 
keep a file of 
Qowdpapers, 



«nbject to 
inspection. 



Adininistra- 
tion only in 
County of 
deceased 's 
residence. 

So ilso 
guardian- 
ship. 



16. Sec. I. Prom and after the passage of this Act, it shall be 
the duty of the Clerks of the Court of Ordinary of the several Coun- 
ties in this State, to keep in their respective offices a regular file oi the 
newspaper in which they may advertise the notices required by law 
to be advertised.* 

17. Sec. II. Said newspaper filed as aforesaid, shall at all times 
be subject to the inspection of any person interested in any notices 
published therein. 

vSec. III. [See Article Executors, &c. sec. 134.] 

18. Ssc. IV. In all cases hereafter, letters of administration shall 
only be granted by the Court of Ordinary of the County where the 
deceased resided at the time of his death, if a resident of this State. f 

19. Sec. V. In all cases hereafter, letters of guardianship shall 
Oidy be granted by the Court of Ordinary of the County where the 
minor or ward resided at the time application for letters of guardian- 
ship is made, if said minor or ward reside in this State. f 

Sec. VI. [See Article Execators, ^c. sec. 135.] 
Sec. VII. [Repealing clausj.J 



An Act to alter and fix tJie time of holding the Court of Ordinary 
and Land, Courts, in iJie several Counties in this State, Jroni the 
first to the second Monday in Janua.ry, aniiually.—Assewlcd to 
Dec. 23, 1843. Pam. 37. 

Session on 20. Sec. 1. Be it evacted, That from and after the first day of 
da^in'janu-Jaii^^i^fy^ eighteen hundred ^^^ forty-five, the Court of Ordinary and 
*^''-^' Land Courts of the several Counties of this State, shall be held on 

the second Monday in January an.-]ually. in place of^ the firpt Mon- 
day of said month. 
ijusiness on 21. Sec. II. Ail buoiness tra iSictod i ; s;ii 1 C,>urts which may 
gaiized'^^ "'^" bc held ou the second Monday in January, shall be deemed as legal 
as if the same had been transacted on the first Monda]' — any law or 
usage to the contrary notwithstanding. 



An Act to (iiuhorlze Clcrls of (lie Couris. of Ordinary in the several 
Couniif's of this Suite to (xratit Marruis!:^^ htcenses directed, to Jewish 
Ministers., or other persons auihorized. to perform the marriage cere- 



*Eor Act directing in vrliat paper he shall advertise, sec title " Judiciary," Article 
♦'"Ofiicers of Court," sec. 388. 

fSee further as to rules and mode of granting letters, Art. " Executors, Administra- 
te]; ; d:id isM 'V I'.an-;." As to probate of wdls in certain cases, see previous Act, sec. 13. 



EX'RS, ADM'RS, &c.— Distribution. &c.— 1792. 



287 



Debts, order of payraent. 



mony between Jews, and to authorize Jeic^i to he married according to 
■ their own. forms. — Approved Dec. 5, 1849. Pam. 69. 

22. Sec. I. Be it enacted, That the Clerks of the Courts of Or- ^J^^J^^Jf ^^- 
dinary shall upon application being made, grant and direct marriage 'j'''':';j^''' '^'" 
licenses to any Jewish minister or ether person authorized to perform jrwiHh'min 
the marriage ceremony between Jews, and that such person so per- 
forming the marriage ceremony shall make a return on the license in 
manner and form as is now required by laAv. 

vSec. II. All laws and parts of laws militating against this Act 
be and the same are hereby repealed. 



istors. 



ART. II. DISTRIBUTION OF ESTATES.* 



Sec. 23. Debts — order of payment. 

" 24. Trust liabilities. 

*' 25. Rules of distribution. 

** 2(). Distribution by order of Court. 

•* 27. Illeg-itimatcs. 

*' 28. Realty — advancements. 

*' 29. Husband — sole heir. 

" 30. Wiie — sole heir, when. 

" 31. Notice of Distribution. 

" 32. Publication of. 

" 33. One year's support. 

♦« 34, Mother— last child. 



Sec. 35.. Widow marrj'ing. 

" 36. Children of former marriage. 

" 37. Husband's title. 

" 38. Mortgage precedence. 

«' 30. .f 100 support. 

" 40. Valuation. 

" 41. Previous rights . 

" 42. Child reus' support. 

'• 43. Assessment. 

♦« 44. Return. 

" 4.5. Expenses. 

" 46. Illegitimates. 



An Actio he entitled an Act to protect the Estates oj orphans^ ovd to 
inake permanent provisions for the poor. — Approved Dec. 18, 
1792. Vol. I. 220. 



23. Sec. X. The debts due by any testator or intestate, shall be Dpl)t^^-in 

.-,, ,,..*^ •'. , -I r ^\ • ■ What ( nler 

paid by executors and* admmistiators m the order ic Hoy/ nig, viz : tube puid. 
funeral and other expenses of the last sickness ; charges of pro- 
bate and Avill, or of the letters of administration,! next debts due 
to the public ; next judgments, ' mortgagest and executioEs : the 
eldest first ; next rent ; then bonds or other obligations : mid lastly, 
debts due on open accounts ; but no preference wdiatever shall be 
given to creditors in equal degree, ■§» where there is deficieijcy in as- 

*For Act requiring Administrators, &c. to make a dividend at the end of 12 months, 
See Art. " Executors, Sec." sec. o4. 

Sec also sec, 51, for Act declaring Executor's interest under a will where not express- 
ly mentioned. * ■ 

For Act in relation to survivorship among joint tenants, see " Judiciary," Article 
" .Joint Tenants," sec. 293. 

iTaxes to bo fost paid, see " Tax," sec. 14. • 

Debts due as Guardian, Exectitors or Administrators, sec. 24. Sec also as to v,'idows' 
and childrens' sui[)pori, sees. 33, £0, 42. 

:i;Explaincd by Act of 1-S40, sec. 38. 

■JSame proviticn. Act of 17G4, eee Art. "Executors, &c." sec. 53. 

(1.) Judgments have priority over debts for rent, bonds, &c. o Ga. 274. 

Promissory notes are upon the same footing with bonds and other ohlicjations. 5 Ga. 
274. 

A covenant of warranty of title, when broken, is a specialty. 5 Ga. 274. 

Judgments obtained against an administrator, rank only as the debts on which they aro 
founded, 5 Ga. 275, 



288 EX'RS, ADM'RS, &c.— Distribution, &c.— 1792-'99. 

Notice to creditors — Suits. 

sets, except in cases of judgment, mortgages that shall be recorded, 
from the time of recording, and executions lodged in the Sheriff's 
office, the eldest of which shall be first paid : or in those cases where 
a creditor may have a lien on any part of the estate. Every execu- 
six weeks' tor or administrator shall give six weeks' notice by advertisement in 
notice to be q^^q q[ i\^q public o^azcttes iu this State, or at three different places of 

given to ^ ° . „ ^ 

creditors, the uiost public rcsort in the County, for creditors to render an ac- 
count of their demands ; and they shall be allowed twelve months to 
ascertain the debts due to and from the deceased, to be com- 
puted from the probate of the will or granting letters of administra- 

creditorf? \\qix. And Creditors neoflectino^ to sfive in a state of their debts with- 

must make ~ o o 

demand in in the time aforcsaid, the executors or administrators shall not be li- 
or the execu- able to make good the same, nor shall any action be commenced 
Ktmo^r'^not" against any executor or administrator for the recovery of the debts 
hi^mvn'eg"*^^'^^^ by tlic tcstator or intestate, until twelve months after such tes- 
^^^-- tator or intestate's death.* 

[For the remainder of this Act, see Art. *' Executors, &c." sec. 61 
to 70, and "Poor," sec. 191.] 



An Act for the hetter protection and security of Orphans and their 
Estates.— Approved Feb. 18, 1799. Vol. 225. 

[For the first four sections, see Art. "' Executors, Administrators, 
&c." 74.] 
ifanyoruar- 24. Sec. V. When auv guardian, executor, or administrator, 

dian, ex'r, or -ii r i ii i • 

adm'r, shall chargeable With the estate oi any orphan or deceased person, to hmi, 
bJeaVsulC her, or them committed, shall die so chargeable, his, her, or their ex- 
shln bf H?- ecutors or administrators shall be compellable to pay out of his, her, or 
simehefore their cstato, SO mucli as shall appear to be due to the estate of such 
any other orphan or deceased person, before any other debt of such testator or 
intestate.^ 



debt 



*SeG further as to siiits af^rdnst tliem, •* Judiciary," sec, 71. Against Administrators 
de bonis non, " Judiciary," sec. 77. 

[l.j Even though reduced tc judgment In lifetime of trustee. 1 KeUy, 266, 



1 




EX'RS, ADM RS, &c.— Distribution— 1804. 291 

— ■« » ■- 

Distribution and dcj^rees. 
_ „_^ — ti i. ■ 

An Act to amend an Act entitled an Act to carry into effect the sixth 
section of the fourth article of the Constitution touching the dis- 
tribuJion of Intestates^ Estates, directing the manner of granting 
Letters of Administration, S^c. Dec. 23, 1789. — Approved Dec. 
12, 1804. Vol. II. 193. 

25. Sec. I. When any person holding real or personal estate Jj.''^^j^'^?j^^|J^ 
shall deuart this life intestate, the said estate, real and personal, shall ingintos- 

, •'^11 11 r 1 1 1 tate's estate* 

be considered as altogether oi the same nature and upon the same 

footing, so that in case of there being a widow and child, or children, widows an4 

they shall draw equal shares thereof,^ unless the widow shall prefer '^'''^'^^'*"' 

her dowser, ^ in which event she shall have nothing further out of the 

real estate than sucii dower ; but shall nevertheless receive a child's 

part or share out of the personal estate. And in case any of the 

children shall die before the intestate, their lineal descendants shall 

stand ill their place and stead : In case of there being a widow and 

no child or children, or representative of children, then the widow 

shall draw a moiety of the estate, and the other moiety shall go to 

the next of kin in equal degree, and their representatives.f If no 

widow, the whole shall go to the child or children. 1: If neither Next of km. 

widow, child, or children, or legal representative of the children, the 

whole shall be distributed among the next of kin, in equal degree, 

and their representatives ; but no representation shall be admitted Rcpresct«- 

among collaterals further than the child or childrcji of the intestate's ^'°"' 

brothers and sisters. If the father or mother be alive, and a child Parents. 

dies intestate and without issue, such father, or mother in case the 

father be dead, and not otherwise, shall come in on the same footing 

as a brother or sister v.^ould do : [Provided, that such motlier, after ^vi^ow hv 

having intermarried, sliall not be entitled to any part or proportion tertuanTmi. 

of the estate of a child who shall die intestate and without issue, 

but the estate of such child shall oro to and be vested in the next of 



&' 



kin on the side of the father :]§ \Aud provided also, that on ^/ie Death of the 

"* . . Ia3t child. 

death of the last child intestate and ivithout issue, the mother shall 
take 710 part of his or iie.r estate, hut the same shall go to and he 
vested in like "inanner in the next of kin on thr. falher^s side. ||] And 
in case a person dying without issue, leaving brothers or sisters of whoi^ ani 
the whole and half blood, then the brothers and sisters of the whole ^^^^ ^^^^ 
and the half blood, in the paternal line only, shall inherit equally ; 
but if there shall be no brother or sister, or issue of brother or sister 
of the whole or half blood in the paternal line, then those of the 
half blood, and their issue in the maternal line, shall inherit. H The 

*For time of making election, see " Dower," sees. 1, 9. 
fBy Act Oi 1829, sec. 30, widow takes the whole. 
jAs to advancements, see sec. 28. 

^This proviso repealed and another substituted in lieu thereof, by Act of 1843, sec. 35. 
||The proviso in italics repealed by Act of 1811, sec sec. 34. 

iiAs to illegitimates, see sees. 27 and 46. See also "Land," Art. "Lotteries," &c. 
gee. 101. 

[1.] Wh-re tlm--?is a wife nvA 'jrrindch'ddrea, but no children, tlic g';andch'.l Ircu ixKonper 
itirpc u.n-1 ivit ,i*r capita. 6 Ga. 39. An ial',int m venire aa mere iuherit.s from collate- 
als. 7 (Ja. 53-5. 



292 EX'RS, ADM'RS, &c.— DisTRisuTior^— 1812. 

Degree.T of consanguinity — Distribution by order oi Court. 

?o^"''o''''^rl- i^ext of kin shall be investigated by the followinp^ rules of consan- 
tK- guinity, viz : children shall be nearest ; parents, brothers and sisters 

shah be ecjnal in respect to distribution ; and cousins shall be next to 

them.* 

Sec. II. So much of the above recited Act as is repugnant to 

this Act, shall be, and is hereby repealed. 

An Act to alter and amend an Act for tJiB more effectually securing 
the probate of loills, Ihniting the time for Executors to qualify^ 
and ividows to m.ake their election^ and for other 'pur'poscs therein 
mentioned. — Approved Dec. 10, 1812. Vol. III. 283. 

S*e5?tesTy 26. Sec. I. The Courts of Ordinary upon application made hy 

order of c't. any administrator, administratrix, guardian, or distributees of any 

estates, shall appoint three cr more freeholders of the County in which 

such application shall be made, whose duty it shall be to divide the 

said estate subject to distribution into as many parts or shares as there 

are distributees, and assign, by lot or otherwise, as to them shall 

seem proper, one of the said parts or shares to each distributee, or 

Sfna."*^'"^ his, her or their guardian or legal representative ; the said distributee 

or his, her or their guardian or legal representative, first giving bond 

and approved s€curity to the said administrator to refund his or her 

proportionable part of any debt which may be afterwards established 

against the said estate, and the ccsts attending the recovery of such 

wrmn"'"o debt. Provided, always, the party so applying shall give to all the 

^^y^^- parties in interest within the State written notice thereof twenty 

Ninety days, (^ayg^ and thcsc Avitlicut the State, ninety! days before the meeting 

*Sgc Act of which this is amcndatcry, as to rule in case of more distant degrees, sec, 
59 of this title. 

" It will le seen by the table (which goes no further than the Statute has provided) 
that tie widow and chil'iren, cr other lineal descendants of the intestate, stand in the 
first degree. 

." Brothers and sisters of the whole blood, and brothers and sisters of the j^aternal half 
blood (that is, such as the father may have had by a former wife) and their children, 
are in the second degree. 

"Brothers and sisters of the maternal half blood, and their children in the third. 

" [The father of the intestate, if ah^'e ; or if he is dead, the mother (if still unmar- 
ried) I.:; take with those of the second or third degree as the case may happen.] 
■ , ♦* And tiie first cousins of the intestate stand in the fourth degree. 

" For the degrees of consanguinity beyond the iVmrth, we follow the English, [see 
sec. 50] which adopts the canoii:cal mode of com.putation. This wdll give ns, within a 
range of tha-ee generations above, and as many below, that of the intestate, the follow- 
ing result : . 

" .Fifth degree, grandfathers and uncles.* 

" Sixth degree, great grandfathers, great uncles, the children and grandchildren of 
great uncles, the children of first cousins, and the grandchildren of the intestate's 
brothers. 

'••Seventh degree, the brothers of great grandfathers, the children, grandchildren and 
• great i:)ajuUJi(.i(Jren of such brother; the grandchildren of the father's first cousin, 
the grandchildi-en of the intestate's lirr/c cousin, and the great grandchildren of the in- 
testate s brothers. 

" Eighth degree, the great grandfather's first cousin, the childi-en, grandchildren, and 
great inland cluidrcn of such cousin, the great grandchildren of the grandfather's first 
cousin, tiie great grandchildren of the father's hrst cousin, and the great grandchildren 
of the intestate's lirst cousiu. And so on." Frince. 

fFour months by publication, by Act of 1837, ^sec. 32. 

*For conci'^cnesn, one f^ex only i- rtipntirrod, but tbe other must in all cases be_understoed as intended 
The classes in italics are tiiose of tlie generation coteraporary with the intestate. 





EX'RS, 


ADM'RS, &c. — Distribution— 


-1816- 


-'21. 


293 






Illo;j.i cimates — licalty and jierKJonalty. 









of the Court at which the said application is made. And provided, 
also, that the persons so making distribution shall be previously sworn JijJoirS"* 
to make the same according to justice and equity without favor or ^^le to be 
affection to any of the parties, to the best of their skill and under- 
standing.*^ 

Sec. II. [See Art. ^' Executors," ^c. sec. 93.] 

A7i Act to explain and amend an Act entitled "■ an Act to regulate 
Escheats in this State, a7id to avpoint Escheatoi^sy passed, the 5th 
December, 1801.— This Act approved Dec. 13, 1816. Vol. III. 
276. 

Whereas, the term heirs, in the said Act contained, has been so 
construed as to prevent children, born of the body of the same 
mother, from being capable of inheriting or transmitting inheritance : 

27. Be it enacted, i^'*c. That where any woman shall die intestate, illegitimate 
leaving children commonly called illegitimate, or natural, born out iw they" 
of wedlock, and no children born in lawful wedlock, all such estate "ry^Vtheir'^ 
whereof she shall die seized or possessed, whether real or personal, "*'^^^'^''' 
shall descend to and be equally divided among such illegitimate or 
natural born children and their representatives, in the same manner 

as if they had been born in wedlock ; and if any such illegitimate and from 
or natural born child shall die intestate, without leaving any child or 
children, his or her estate, as well real as personal, shall descend to, 
and be equally divided among his or her brothers and sisters, born of 
the body of the same mother and their representatives, in the same 
manner and under the same regulations and restrictions as if they 
had been born in lawful wedlock. f 

Sec. II. [Repeals all conflicting laws.] 

An Act to be entitled an Act to ameyid and explain an Act passed the 
I2ih December, 1804, entitled " an Act to ajnend an Act e7itiiled 
an Act to carry into effect the sixth section of the fourth article of 
the Constitutio?i, touching the distribution of Intestates^ Estates^ 
directing the manner of granting Letters of Administration, Let- 
ters Testamentary, and Marriage Licenses, passed 23d Decenv- 
ber, 1789," as respects Adva7icements to Children in the lifetim^e 
of the /?i^es<'a^e.— Approved Dec. 25, 1821. Vol. IV. 206. 

28. Sec. I. When any person holding real or personal estate Jntestat^' 
shall depart this life intestate, the said estpae, real and personal, shall on the "nm* 
be considered altogether of the same nature, and upon the same foot- JJSutS^** 
ing as to distribution,^ which shall take place agreeably to the pro- 

♦Slaves may be sold forthe purpose of distribution, see Art. " Executors," &c. sec. 79. 
tAmendcd, see Act of 1850, sec. 46. See also " Laud," Art. " Lotteries," &c. sec. 
lOL 

(1.) Setting apart a share to the husband of a distributee and leaving it with the admin- 
istrator does not amount to a reduction to possession by the husband. 1 Ke^, 637. 

[2.] The administrator and the heirs can either maintain ejectment for land in Georgia. 
3 fi-elly, 105. A sale of land under a judgment de bonis testatoris di vests the title of the heirs. 
8 Ga. Rep. 234, 



tu 



EX'RS. ADM'RS, &c.— Distribution— 1821-'27. 



Adyanceinents — Husband sole heir of Jiis wile. 



Advance- 
ments made 
to children 
to the life- 
llnie of in- 
testate to be 
taken into 
lue compu- 
tation. 



How to be 
estimated. 

ITo interest 



visions of the before recited Act;* but whenever there shall be a 
child or children of an intestate who shall have any estate by set- 
tlement of the intestate, or shall be advanced by the intestate in his 
or her lifetime, by portion or portions, equal to the share which shall 
by such distribution be allotted to the other children to whom such 
distribution is to be made, he, she or they in that case shall receive 
no farther distribution of the said intestates' estates.^ And Avhenever 
any child shall have an estate by settlement from the said intestate, 
or shall be advanced by the intestate in his or her lifetime by portion, 
not equal to the share which may be due to the other children by 
distribution as now established ; then so much of the surplusage of 
the estate of such intestate as shall make the estate of all the children 
of such intestate to be equal as near as can be estimated ; Provided, 
such advancements, Avhen brought into hotch-pot, shall be estimated 
according to the value of the property at the time such advancement 
was made, and no interest allowed thereon. 

Sec. II. [Giving to husbands the administration on the estates of 
their wives — re-enacted in 1827. See sec. 29.] 

Sec. III. [Repeals all conflicting laws.] 



Preamble. 



Husband 
sole heir of 
bis intes- 
tate wife. 



An Act declaring and making certaiii the law regulating the rights 
of husbands in and to the property of their deceased tvivcs, and 
for other 'purposes. — Approved Dec. 26, 1827. Vol. IV. 220. 

29. Whereas^ the Legislature of this State did, on the 25th of 
Dec. 1821, pass an Act entitled " an Act to amend and explain an 
Act, passed the 12th Dec. 1804, entitled an Act to amend an Act en- 
titled an Act to carry into effect the sixth section of the fourth ar- 
ticle of the Constitution touching the distribution of intestates' es- 
tates, directing the manner of granting letters of administration, let- 
ters testamentary, and marriage licenses, passed 23d Dec. 1789, as 
respects advancements to children in the lifetime of the intestate," 
by the second section of which Act it is provided, '' that in case of 
a feme-covert dying intestate, the husband may demand and have 
administration of their rights and credits and other real and personal 
estates, and recover and enjoy the same without being subject to 
distribution;" and whereas, the constitutionality of said second sec- 
tion is doubted, by reason of its departure from the title of said. bill ; 
for remedy whereof. 

Be it enacted, That in every case where a feme-covert has died 
within this State intestate since the said 25th of Dec. 1821, or may 
hereafter die intestate, the husband shall and may demand and have 
administration of their rights and credits, and of other real and per- 
sonal estates, and recover and enjoy the same without being subject 

*See Act of 180i, sec. 25. 

(1.) Widovt takes no benefit from advancements to children. Beaversys. Winn, 9 Ga, Rep, 



EX'RS, ADM'RS, &c.— Distributioxx— 1829-'37. 295 

"Wife sole heir of husband m certam cases — Parties out of the State. 

to distribution, any law, usage or custom to the contrary notwith- 
standing.*^ 



An Act to amend the Act of the 23d Dec. 1826, to amend the Act to 
enable Feme Coverts to convey their estates^ and for coif inning 
and making valid all conveyances and acknowledgmeiits hereto- 
fore made by Feme Coverts^-f passed the 24^/i of April, 1760, so 
far as the same relates to Feme Coverts conveying their dower ; 
and also to enable the ivife to inherit the tohole estate of her de- 
ceased husband. — Approved Dec. 21, 1829. Vol. lY. 225. 

30. Whereas, it is provided in the second section of the Act of widows in 
the 23d Dec. 1826, "That whenever it shall so happen that any esYate^of lu- 
person shall die intestate and without issue, his wife shall inherit the JvUhom is 
whole estate, both real and personal, of her deceased husband, after ^"<'' 
paying his just debts ;" and whereas, dowhi^ are entertained of the 
constitutional validity of said enactment, on account of a want of 
conformity between the title and the body of the Act : 

Be it therefore enacted. That the said recited second section of 
the Act of 1826 shall be, and it is hereby declared to be in full force 
and effect after the passage of this Act, so far as the same may affect 
any case or cases that may hereafter arise. 



An Act to alter and. amend an Act for the more effcctucdly securing the 
probate of wills, limiting the time for Executors to (qualify, and wi- 
dows to make their election, and for other purposes therein mentioned ; 
passed December., 10, 1812. — Assented to Dec. 25, 1837. Pam. 93. 

31. Sec. I. 5e ^7 ewac^ec?, That part of the above recited ActNowntten 
requiring administrators, administratrix, guardians, or distributees of p^S^ont 
any estate, to give personal notice in writing, to be served twenty ^^^**«^^®' 
days on the parties in interest if in the State, and ninety if out of 

the State, be, and the same is hereby repealed so far as respects no- 
tices to parties out of the State. 

32. Sec. II. Before any administrator, administratrix or distrib- 4 months no- 
utee of any estate shall get an order for the distribution of any es- ||J^j5'^„|'"**" 
tate, from any of the Courts of Ordinary in this State, he shall give 

to all the parties twenty days notice if in this State, and if residing 
out of the State four months notice, by advertising at Ifeast twice a 
month in one of the newspapers of this State, any law to the con- 
trary notwithstanding. 

*See Appendix, " Statute of Frauds," sec. XXV. As to real estate of wife vesting ia 
husband on marriage, see Art. "Executors," &c. sec. 59. 
fFor that Act see *' Conveyances," sec. 5. 

(1.) Upon death of /e/we co?;er^ her separate estate vests in her legal representative. 1 
Kelly, 381. A vested remainder vests in the husband as administrator. 4 Ga. 377- 
Husband entitled to all her choses in action^ whether reduced to possession or not. 4 Ga. 
541. 



296 EX'RS, ADM'RS, &c.— Distribution— 1838-'43. 

Support of widow and cliildren — Mother's right of inheritance. 



An Act for the relief and support of Widows and Orphans, out of 
the estates of their deceased husbands and parents. — Assented to 
Dec. 29, 1838. Pam. 201. 

lamontha^ 33 g^^. I. Beit enacted, That from and after the passage of 
the widow this Act, whon any person shall die, leaving a widow and children, 
or a widow, or child, it shall and may be lawful for the executor or 
administrator thereof, to allow out of the effects of such deceased 
person, a reasonable support and maintenance for the space of twelve 
months next ensuing, immediately after the death of such testator, 
or intestate, notwithstanding any debts, dues, or obligations of said 
testator, or intestate.*^ 

Sec. II. All laws and parts of laws militating against this Act be., 
and the same are hereby repealed. 



An Act to repeal part of the first section of an Act passed on the 
twelfth day of December, eighteen hundred and four, touching the 
distribution of intestate estates, 6^c. — Assented to Dec. 11, 1841. 
Pam. 136. 

i^frit'Som ^^- ^^^- ^' Be it enacted, That from and after the passage of 
last child, this Act, that the second provision contained in said section, which 
is in these words: ''That on the death of the last^ child intestate, 
and without issue, the mother shall take no part of his or her estate, 
but the same shall go to and be divided in like manner in the next 
of kin on the father's side ;" shall be, and the same is hereby re- 
pealed. 

An Act to repeal a part of tJie first section of the Act passed on the 
twelfth day of December, eightee?i hundred and four, entitled an Acty to 
amend an Act, entitled an Act, to carry into effect the sixth section oj 
the Jour th article of the Coiistitution, touching the distribution of in- 
testate' s estates, directing the manner of granting letters of admini^' 
tration, letters testamentary, and marriage license ; and to insert 
another proviso in lieu of that repealed. — Assented to Dec. 22, 
1843. Pam. 125. 

Serais*^ 35. Be it enacted, That the proviso contained in the first section 
mge, of the above recited, in the following words: ^^ Provided, that such 
mother, after having intermarried, shall not be entitled to any part or 
proportion of the estate of a child who shall die intestate, and with- 
out issue ; but the estate of such child shall go to and be vested in 
the next of kin on the side of the father," be and the same is hereby 

*See "Judiciary," Art. "Action, Commencement, &c." sec. 83, for Act giving wife 
and child one half of any amount recovered for injury causing death of husband ; see 
also Acts of 1850, sees. 40 and 42, of this title. 

(1.) Construed in Hopkins vs. Long, 9 Ga. Hep. 
(2.) Last child of motJier, 6 Ga. 125. 



EX'RS, ADM'RS, &c.— Distribution— 1845-'50. 297 

Former children of feme covert — Preference of mortgages. 

repealed. And that the following be inserted in lieu thereof, to 
wit : Provided, that such mother, after having intermarried, shall 
not be entitled to any part or portion of the estate of such child, who 
shall die intestate and without issue, unless it shall be the last * or 
only child. 

An Act to change and 'point out the mode of inheritance in certain cases 
therein mentioned. — Approved Dec. 26, 1845. Pam. 34. 

36. Sec. I. Be it enacted^ That from and after the passage of 

this Act, whenever any /erne covert having a child or children, liv- Former chfi. 
ing, by a former husband, shall be entitled to property by inherit- covens to°^ 
ance, such property shall not belong to the husband of such /e/wc e?" ^ifheni- 
coveri, as heretofore, but shall be equally divided between all the chil- ^'^• 
dren of such feme covert and said feme covert. 

37. Sec. II. Such property, so divided as aforesaid, the parts or 
shares so allotted to any child or children by a previous marriage, Her and h«5r 
shall be vested in such child or children, and the part or parts so al- dren's shat« 
lotted to such feme covert and to her children by her last husband, husband.^^"^ 
shall vest in such husband in the same manner as said property 
would vest under existing laws. 



An Act to explain the teiith section oj the Act passed on the 18th 
day of Dec. 1792, entitled '' an Act to protect the Estates of or- 
phans, and to 7naJce permanent provision for the poor. ^^ — Ap- 
proved Dec. 27, 1845. Pam. 43. 

38. Be it enacted, That in the payment of the debts of any de- 
ceased person or persons, no debts secured by mortgage shall be en- Mortgage 
titled to any priority over any other debt of equal degree, except so extcn^dr^iy 
far as relates to the property mortgaged. property!^^'* 



An Act to more effectually provide for the m^aintenance and protec- 
tion of widows and orphans. — Approved Feb. 23, 1850. Pam. 
394. 

39. Sec. I. Be it enacted. That from and after the passage of 
this Act, in case any husband shall die leaving a wife and child or a$ioofor«ttp 
wife and children or an orphan child or children under age, and the ow and'diu- 
whole estate of said deceased shall not be more than sufficient to pay '^^^'^ 
the debts of said deceased, then and in that case the said wife and 
child, or children, or orphan, shall be permitted to hold and enjoy for 
their support and maintenance, free from levy and sale for any debt 
or demand which existed against the husband or father at the time 
of his death, the sum of one hundred dollars' worth of such effects 
as they or their guardians may select for their welfare and comfort. 

(1.) Last surviving child of mother. 6 Ga. 126. 

38 



298 EX'RS, ADM'RS, &c.— Distribution— 1850. 

^100 to widow and children, and support for one year — I'.lode of valuation. 

c.c. o. to 40^ gj,(._ II i^ g}~^^}| i^ jjii s^|(.]^ cases be the duty of the Clerk 

make the •' 

valuation, of the Court of Ordinary to make the valuation and set apart the • 
property which is declared to be exempt from levy and sale under 
the provisions of this Act, and report the same to the Court of Or- 

orderotc't. dinary, whose duty it shall be to order said report to be recorded on 
the minutes of said Court, and the property contained in said report 
shall be and it is hereby declared to be vested in said widow and 
child, or children, or orphan, or orphans, for the purposes herein be- 
fore specified. 

No previous 41. Sec. III. Nothiug herein contained shall be so construed as 

sedid.^^^^'^^o take from widows and orphans any property and rights now allow- 
ed them by law. 

Sec. IY. All laws and parts of laws militating against this Act, 
be and the same are hereby repealed. 



An Act to allow the widow and children of deceased persons a support 
out of the estate of the deceased, for the term of tioelve mouths af- 
ter the decease, in cases where no administration lias been granted 
on the estate (f the deceased, and to ascertain th.e amount necessary 
Jor the support, a?id set apart the same, and to exempt it from levy 
and sale for the debts of the deceased or by an administration, and to 
vest the title thereof in the family of the deceased. — Approved Feb. 
22, 1850. Pam. 395. 

Support for 42. Sec. I. Be it enacted, That from and after the passage of 
ddidmi^fcT ^^is Act, when any persons shall die leaving a widow and children, 
one year, q^ a widow and cliild, and no administration is granted by the prop- 
er authority, on the estate of the deceased, the widow and child, or 
children, or either of them, shall be allowed a reasonable support and 
maintenance, out of the estate of said deceased, for twelve months 
after the death of said deceased, notwithstanding any debts, dues, 
and obligations of said deceased. 
Justices of 43, ggg, II, It shall be the duty of the Justices of the Peace of 

the Peace ^ 

shall assess the scvcral militia districts in this State, on the application of the 
' widow of any person deceased, in their respective districts, or the 
person having the care of the child, or children of the deceased, to 
go to the late residence of the deceased, and assess the sum aecessa- 
ry for the support and maintenance of the family of said deceased 
for the term of twelve months, and to set apart that amount in m^n- 
ey, or such property as may be selected by the widow or person hav- 
ing the care of the children of said deceased, if there be no widow, 
at a fair valuation to be made by the said Justices of the Peace, and 

Mdaet apart the moucy or property so set apart shall be exempt from lev^y and sale 
by virtue of any judgment, and from the control of any administrator 
of said estate, afterwards appointed to administer the estate of said de- 
ceased, and the title thereto shall vest in the family for their support 
and maintenance. 

44. Sec. III. It shall be the duty of the said Justices of the Peace, 
to return to the next Court of Ordinary in their County, a schedule of 



EX'RS, ADM'RS, &c.— Ex'rs, Adm'rs, &c. 299' 

Keturn — Fees — Illegitiniates. 

the property so set apart for the support of the family of the deceas- ^JJ;'"^ *" 
ed, AV'ith the vahiation as fixed by them, together with the amount 
necessary for the support of the family, as determined by them, and 
the said Court of Ordinary shall order the same to be entered of Recorded. 
record by their Clerk in a book to be kept by him for that purpose. 

45. Sec. IY. The said Justices of the Peace shall be paid by the Fees of j. b. 
applicant the sum of one dollar each for their services, and tiie Clerk ^" 
of the Court of Ordinary the same fee for recording the same as he is , 
allowed for recording by laAv. 

Sec. V. All laws and parts of laws militating against this Act 
be, and the same are hereby repealed. 



An Act to alter ajid amend '' a?i Act to explain an Act to regulate Es- 
cheats in this State, and to appoint Escheators, passed tJie V3th day 
of December, in the year 1816," so far as to allow bastards or 
7iaiural born children of ividows, to inherit from their mother, 
luiier certain circumstances therein specified. — Approved Feb. 11, 
1850. Pam. 172. 

46. Sec. I. Be it enacted, That from and immediately after the illegitimate 
passage of this Act, all bastards or natural born children of widows, m?tj)"rs'^SJn^* 
when said widows shall die intestate, shall inherit the real and per- ^?J}j^jg"°^jj]^*^ 
gonal estate of their deceased mothers, acquired and accumulated "^atesw 
during widowhood, equally with the child or children of said wid- 
ows, born in lawful wedlock, any law, usage or custom to the con- 
trary notwithstanding. 



AUT. III. EXECUTOES, ADMINISTEATORS, AND GUARDIANS ; AP- 
POINTMENT AND DISMISSION ; BONDS ; DUTIES AND POWERS ; 
SALES BY, AND CLAIMS.* 

*As to tlic manner and cases in which made parties, see "Judiciary," sec. 71, 77. 
"Attachment," &c. sees. 8, 51, 55. 

May appeal without security, " Judiciary," sec. 131. 

For remedy of Executor or Administrator of deceased SheriiT against deputy, see 
" Judiciary," sec. 368. 

Promises to pay intestates' &c. debt, must be in writing; see "Statute of Frauds," 
" Appendix." 

For Act protecting estates from double tax, see "Tax," sec. 108. 

As to Notice to Creditors and suits by them, see tliis title. Article " Distribution," 

mo,. 1. 

As to power and place of appointment, see this title, Article " Court of Ordinary," 
passim . 

As to distribution generally, see that title. 

As to Guardians of Idiots and Lunatics, see that title. 

No administration on the estate of an Indian, see " Indians." 

Suits against, with surviving co-obligor, see "Judiciary," sec. 101. 

J*»e cxtat against persons runnhig oh" property, see "Judiciary," sec. 226. 

For Act authorizing suit for injury, causing death of testator or intestate, see " Ju- 
<liciary," subdivision, "Action, Commencement, &c." sec. 83. 



EX'IIS, ADM'RS, &c.— Ex'rs, Adm'rs, &c. 



Analysis. 



Sec. 



47. Their duty. 


Sec. 


111. 


48. Former oath. 


n 


112. 


49. Liability for estate. 


a 


113. 


50. Sales of Personalty. 


<( 


114. 


51. Debtors — Executors. 


(( 


115. 


52. Appraisers' oath. 


(( 


116. 


53. Creditor — Administrator. 


(( 


117. 


54. Distribution — when made. 


(( 


118. 


55. Executors, de son tort. 


(( 


119. 


56. Commissions. 


(( 


120. 


57. Additional compensation. 


(( 


121. 


58. Division of Commissions. 


(( 


122. 


59. Rule of granting letters. — Wife's 


(< 


123. 


realty on marriage. 


a 


124. 


60. Letters to Register. 


a 


125. 


61. Annual returns. 


i( 


126. 


62. Inventory and Appraisement. 


<< 


127. 


63. Administrator, witkwill annexed. 


<< 


128. 


64. Detention of Will. 


t( 


129. 


65. Executor's oath. 


(( 


130. 


66. Bond of Administrator — with will, 


(( 


131. 


Sfc. 


(( 


132. 


67. Administrator's oath. 


a 


133. 


68. Bond, &c. 


<( 


134. 


69. Widow, Administratrix — marry- 






ing. 


i( 


135. 


70. Executor, de son tort. 


i( 


136. 


71. Contracting Vendor dying. 


(( 


137. 


72. Bond, &c. 






73.30 days' notice ; temporary letters. 


(( 


138. 


74. Clerk'*^s list of Administrators, &c. 


(C 


139. 


75. Annual returns ; waste. 


<< 


140. 


76. Process vs. Dehnquents. 


<( 


141. 


77. Guardian's returns — poor ori)hans. 


<( 


142. 


78. Hours of Sale. 


<( 


143. 


79. Sale of Slaves. 


(( 


144. 


80. To best advantage. 


(< 


145. 


81. ReUef of Sureties. 


(( 


14G. 


82. Preventioa of waste. 


(( 


147. 


83. Vendee — dying. 






84. Vendor and Vendee djing. 


(( 


148. 


85. Witness to WiH?. 


<( 


149. 


86. Executors — qualifying, when. 


<( 


150. 


87. Claims to realty. 


(( 


151. 


88. To personalty. 


<( 


152. 


89. Executors, qualifying, when. 


<( 


153. 


90. Letters Dismissory. 


<( 


154. 


91. Annual returns. 


<( 


155. 


92. Revocation of Letters. 


<( 


156. 


93. Administrators, &c. removing. 


(< 


157. 


94. ClerkCourtof Ordinary, Adminis- 


<( 


158. 


trator, de bonis, &fc. 


(( 


159. 


95. Account with. 


t( 


160. 


96. Compensation. 


<< 


161. 


97. Sale of realty. 


(( 


162. 


98. Guardian's Oath and Bond. 


(( 


163. 


99. Return to Clerk. 






100. Guardians, &c. Avasting. 


(( 


164. 


101. Clerk's docket — for returns. 






102. Failing — penalty. 


<( 


165. 


103. Natural Guarcuan's Bond. 


(< 


166. 


104. Bonds made valid. 


(( 


167. 


105. Sale of realty. 


.< 


168. 


106. Discretion of Administrator. 


<( 


169. 


107. Guardian's dismissioru 


(« 


170. 


103. Rule iNisi. 


(< 


171. 


109. Disnosition of property. 


(( 


172. 


110. Clerk Guardian. 


<( 


173. 



Guardian's Bond. 

Guardians of Illegitimates. 

Sale of minor's realty. 

Making parties. 

Executors, &c. mismanaging. 

Removing or absconding. 

Interest \mder Will. 

Female Executrix marrying. 

Service of Rules. 

Record of Bo] ids. 

Hiring of Slaves. 

May be kept together. 

Rent or buy land. 

Guardian's returns. 

Sale of Slaves. 

Record of final receipts. 

Copy evidence. 

Other receipts. ■ 

Clerk's fee. 

Non-resident Guardian. 

Proof and proceedings. 

Suit by. 

Realty — sale of. 

Clerk Court of Ordinary Adminis- 
trator. 

Additional Security. 

Executrix de fion, '&:c. marrying, 

Funds in hand of dismissed Ex- 
ecutor. 

Bonds made valid. 

Formal variance. 

Returns by surety. 

Execiitor removing. 

Trust funds — State Stock. 

Funds in Court. 

Sale of Stock. 

Free from Tax. 

Land in two Counties. 

xlccouat Avith Administrator de 
bonis. 

Widow — Guardian. 

Habeas Corpus — discretion. 

Guardian by wdl of Widovv'. 

Clerk Court of Ordinary, Guard'n. 

Former appoincments. 

Commissions. 

Option of Clerk. 

Interest charged. 

Hereafter. 

Additional Compensation. 

Sale of bad notes. 

Return and Voucher. 

Attorneys' fees. 

Application for Guardianship. 

Clerk's fees. 

Qualiiication of Administrators, 
&c. 

Clerk, Guard: ail or Administra- 
tor. 

Letters Dismissory. 

Executors not resident in County. 

Liabihty. 

Returns, when made. 

Providential hindrance. 

Commissions. 

Titles by Administrator, &c. 

Foreign Executors, &c. 

Suits, &c. by. 



I 



EX'RS, ADM'RS, fee— Ex'rs, Adm'hs, &c.— 1764. 301 

Appraisement — Inventory — Liability. 

An Act to direct Executors and Admmistrators, m the manner and 
method, of returning Inventories and accounts of their Testa tors'' arid 
Intestates^ E. dates, and for allowing them and all other persons xoho 
shall or may oe intriisted toltJi the care and management of Minors'' 
and other estates^ to charge commissions thereon. — Approved Feb. 

. 29, 1764. Yol. I. 213. 

47. Whereas^ for preventing any fraudulent disposition or embez- 
zlement of the estates of persons deceased, it is highly expedient that 
executors and administrators should be obliged to render true and 
perfect inventories and appraisements oi the estates and effects of 
their testators and intestates, come to their hands and possession : 
And whereas^ it is also fit and reasona.ble, that as well executors and 
administrators, as all guardians and trustees, shall have an alio wa: ice 
for their trouble and care in the management of the estates commit- 
ted to their trust : 

Sec. I. Be it enacted.^ That from and after the passing of this Duty of ex'w 
Act, all and every executor and administrator, who shall before the '^""^ ^'i'"'''^- 
Ordinary* of this province, for the time being, or such person as he 
shall depute or appoint,! qualify him, her, or themselves, for the ad- 
ministration of the estate and effects of his, her, or their testator or 
intestate, shall, upon oath, be bound to produce and show to the ap- shaii pro- 
praisers that shall be appointed by the Ordinary for that purpose, or goods 'of th© 
any three or more of them, all and singular the goods and chattels of ^^'^^^®^- 
his, her, or their testator or intestate, as have or shall come into his, 
her, or their, or either of their hands, possession, or knowledge ; and 
within sixty days after such his, her, or their qualification, shall cause to be ap- 
to be made a true and just appraisement, upon oath, J of all and singu- fn^oo'dayL^'^" 
lar the goods and chattels aforesaid, and exhibit, or cause to be ex- 
hibited the said appraisement, certifi^ed under the hands of any three 
or more of the cippraisers aforesaid, within four^ months after such 
his, her, or their qualification, together with a full and perfect inven- inventory, 
tory of all and singular the rights and credits of the said testator or 
intestate, whether the same be in ready money, -judgments, bonds, Money, 
or other specialties, or notes of hand, together with a list or schedule of account, 
of the books of account,' of such testator, to which books all parties 
concerned shall, upon request, and at convenient times, have free ac- 
cess : and every such executor and administrator shah be, and they are madecharg&- 
hereby made chargeable with the real value of the goods and chat- vaiu7of^the 
tels in the said inventory contained, and with so much of the credits ^^^^^ ff\ 

lected. 

*Tlie Ordinary here mentioned was in tlie place of bishops or other ecclesiastical judges, 
[see Statute 22 and 23, Ch. II. chap. 10,] who under the British goyernment had cogni- 
zance of these matters, as well in this province as in England. Under the Constitution 
of 1777 [Vol. I. 12,] this jurisdiction ^vas given to the register of probates ; and by the 
Act of 1799 [see Art. I,] to the Inferior Court, who have since discharged the duties 
which in England appertain to the Court of the Ordinary. 

IB at see Act of 1792, sec VII. and;,note thereto, sec. 67 of this title. 

JFch: oath, see sec. VI. this Act, sec. 52. 

§Three months, by'Act^of 1792, sec. 62. 

(1.) Partnership effects should be included. 1 Kellif, 289. EHect of inventory, 8 Ga. Rep. 
388, 399. 



$02 EX'RS, ADM^RS, &c.— Ex'rs, Adm^rs, &c.— 1764. ___ 

Liability — Sales of personalty — Debtors made Executors. 

only as he, she, or they, after due care and proper diligence, siiall re- 
cover and receive, in like manner as executors and administrators are 
made chargeable by the Common and Statute Law of England. '^ 

48. [The oaths of executors and administrators are afterwards 
prescribed more concisely in the Act of 1792, and this section is 
therefore omitted. The oath to be taken for the execution of a will, 
whether by an executor named therein, or by an administrator with 
the will annexed, will be found in sec. 65 ; and the oath of adminis- 
trators, where there is no will, in sec. 67. It may, however, not be 
impxoper to call the attention of executors and administrators to the 
following passages containing a succinct outline of their duties : al- 
though they are not now to be sworn to the performance of them : 

" And that you will produce to, show, and iiiform the appraisers, 
that shall be appointed by the Ordinary, all and singular the goods 
and chattels of the deceased as already have, or shall before tlie day 
of making the appraisement, come to your hands, possession, or 
knowledge." . 

And du'ecting them to make a true and perfect inventory, " whether 
the same be in ready money, judgments, bonds, or other specialties, 
or notes of hand, together with a list or schedule of the books of ac- 
count of such testator and intestate person, and exhibit, or cause to 
be exhibited the said inventory and schedule, together with the ap- 
praisement of the said deceased's goods and chattels, certified under 
the hands of three or more of the appraisers aforesaid.''] 

A7t,d tvhereas, a custom hath prevailed among executors and ad- 
miiiistrators of taking estates, or some part thereof, at the appraise- 
ment, when such appraisement hath often been under the real value ; 
for prevention whereof for the future, 
Wot allowed 49. Sec. III. Be it enacted, ^v. That no executor or adminis- 
StatS^atthetrator shall hereafter be permitted to take any estate, or any part 
vaK-e'-'*!nit thcrcof, at the appraisement, and that no appraisement to be made as 
mastaccount aforesaid shall be bindin«f or conclusive,* either unon the creditors, 

.for the true . . ■*• 

value there- legatees, ucxt of kin, or other person interested in such estate, or up- 
on the executors or administrators, but ail and every such executor 
and administrator shall be chargeable and accountable for the true 
value of such estate, any practice to the contrary notv/itlistanding. 

»aies to be ^{) g^^. IV. All intended sales of aroods and chattels, belon^ans 

advertised '^ • • J o o 

40 days. to tcstators or intestates, shall be published in two or more public 
places in the parish [crmnttj] where such effects are t > be sold, and in 
the gazette, at least forty days before the day of such intended sale.f^ 

Debtorg 51. ggc. V. Ill casc anv pcrsoii iu the province shall hereafter 

WcLu.6 G \ rs •' i. X 

fflot released happcii by lils Avill to cippoiut his debtor to be his executor, such ap- 
«[niess^ex- pointnieut shail not, in Law or Equity, be construed or deemed to 
fe'Self 1^1116 ^6 a release or extinguishment of any debt due to the testator, unless 
^'^^^' the testator shall in his will expressly declare his intention to devise, 

*Ile-enactecl, 1792, sec. 02. 

fHours of sale, Act of 180i, sec. 78. To tiie best advantage, 1805, sec. 8,0. 

(1.) See 8 Ca. 396. 

(2.) Slaves are mt included in this section 1 Kelly 347. 



EX'RS, ADM'RS, &c.— Ex'rs, Adm'rs, &c.— 1764. 303 

Appraiser's oath — Creditor, Administrator — Dividends among creditors. 

bequeath, or release such debt, any law, usage, or custom to the con- 
trary notwithstanding. 

52. Sec. VL No appraisers that shall hereafter be appoiiited to Appraisers 
appraise any testator's or intestate's goods and chattels, shall enter 

upon that office before they shall have taken the following oath be- 
fore one of his Majesty's .Justices of the Peace of this province, who 
is hereby empowered to administer the same : '^ You, A, B, C, D, E, P, ^^^'^^ ^^^^ 
do swear, that you will make a just and true appraisement of all and 
singular the goods and chattels (ready money only excepted,) of G 
H, deceased, as shall be produced by I K, the executor or adminis- 
trator of the estate of the said G B\ deceased, and that you will return 
the same, certified under your hands, unto the said I K. executor or 
administrator, within the time prescribed by law." 

Sec. VII. [Directing administrators to give bond — ^re-enacted, 
see sec. 68.] 

53. Sec. VIII. No letters of administration shall hereafter be betters of 
granted by the Ordmary oi tins provmce to any person or persons tion may b® 
whomsoever, as principal creditor or creditors to any intestate, but pJh^r^ai^^ * 
upon special trust and confidence, and for the benefit of all and singu- IntS^for'Sie 
lar the rest of the creditors ; and that all debts* of an equal nature «'^" ^'■^'^'*- 
shall be discharged by such administrator or administrators in average oeLts in 
and proportion, as far as the assets of the intestate shall extend, and to be di?^^ 
that no preference shall be given amongst the creditors in equal de- aveSo a" 
gree ;t and that every such administrator and administrators shall Mavturo?' 
be oblisred to sue for such debts which he or they may reasonably s^'i'i'-T'Z" 

the cr»'di 

expect to recover, or at the request and proper charges of any of the to sue." 
creditors of the intestate, assign and empower them, or any of them, 
to sue for the debts outstanding to the estate of such intestate, any 
law, usage, or custom to the contrary notwithstanding. 

And, that no creditor or creditors, to be appointed administrator 
or adm.inistrators in trust, as hereinbefore mentioned, may retain, in 
his or their hands, the moneys he or they shall receive by virtue of 
such administration, longer than necessary, 

54. Sec. IX. Be it enacted, that every such administrator or intestates' 
administrators, shall within twelve months after the death of his or (Sn'utedJ^ 
their intestate, or after his or their obtaining administration thereon, ^-'-'''"^^ 
make a dividend of the moneys arising from such intestate's estate . 

and effects, to and among the several creditors in like proportion as 
aforementioned : and in case such estate and effects shall not then be ^^^""'^ '^'- 
whoUy divided, a second dividend thereof shall be made within two made''in*two 
years from the death of the intestate, which second dividend shall be ^''''^" 
final, unless any suit shall be then depending, or any part of the in- 
testate's estate standing out, or unless some future estate of the intes- ^<"!" ^^^^®^^' 
tate shall afterwards come to the hands of such administrator or ad- after"they'^ 
niinistrators, in which case he or they shall, as soon as maybe, con-""'^ '''^'"' 
vert such future estate into money, and shall within three months 
after, divide the same, to which effect it shall be inserted in the con- 

*For order of payment, see this title, Article " Distribution," sec. 23. 

fSee sec. 24, as to debts due as Guardian, Administrator, &c. see also section 23. 



ze 
ditors 



304 EXTvS, ADM'RS, &c.— Ex'rs, Adm^rs, &c.^1764. 

Neoiect — Commissions. 



dition of the bond to be given as aforementioned/'on obtaining lettei\s 

of administration."* 

Ex»rs and t^^^ s^c. X. Everv executor and administrator who shall not 

lecting their withui the time aioresaid, or withm such further or other reasonable 

eSto?^ ^in time as the Ordinary shall think fit to give, make and return into the 

wron^''''' Secretary's oificef aforesaid such inventory and appraisement as is 

hereinbefore directed to be made and returned, and who shall make 

default in mentioning or inserting therein all or any of the credits or 

effects of his, her, or their testator, or intestate as aforesaid, which 

shall come into their hands to be administered, every such executor 

or administrator shall be, and they, and each of them, are hereby 

made chargeable with and subject to the payment of all and singular 

the said testator's and intestate's debts, legacies, and bequests, in the 

same manner as executors of their own wrong are subjected and made 

chargeable by the Common or Statute Law of England. :[ 

commis- 56. Sec. XL It shall and may be lawful to and for all and every 

ecutors, St. executor and administrator, guardian and trustee, for his, her and their 

h5?perct.^ care, trouble and attendance, in the execution of their or either of their 

on money several dutics and trusts, to take, receive, or retain, in his or their 

received, ^ r r -m • r 

•and two and hail ds, a sum iiot exceeding fifty shillings for every hundred pounds, 
on mouey'^" which lic, shc or they, shall hereafter receive, except on the apprais- 
paid away. ^^ yaluc of any cstatc that shall come into their hands ; and the like 
sum of fifty shillings for every hundred pounds which he, she, or they, 
Eiceptions. shall pay away in debts, legacies, or othierwise, (excepting also the 
delivering up any such estate to the person or pereons entitled to the 
same, during the course and continuation of their, or either of their 
Ten perct. management or administration,) and so in proportion for any sum less 
^intereS ' tliaii 0110 liuudred pounds ;§ Provided nevertheless^ that no executors 
ney'^roaned!' or administrators, guardian or trustee, shall, where they have power so 
to do, for his, her, or their trouble, in letting out and lending any sum 
or sums of money upon interest, and again receiving the moneys so 
lent and let out, be entitled to receive, take or retain, any sum exceed- 
ing the sum of twenty shillings for every ten pounds for all sums aris- 
ing by moneys lent to interest, so to be by them received, and in like 
Proviso. proportion for a larger or lesser sum : and provided also, that no ex- 
ecutor, administrator, guardian, or trustee, who is or may be creditors 
of any testator or intestate, or to whom is or may be left or bequeath- 
ed any sum or sums of money, or other estate or effects, shall be enti- 
tled to any reward or commissions for the payment or retaining to 
themselves any such debts or legacies, any. law, usage, or custom, to 
the contrary notwithstanding. 

But, as it may be very difficult to ascertain the proper and ade- 
quate allowance to be made in all cases, and as the sums herein be- 
fore allowed may not be sufficient compensation for the care, trouble 
and pains which executors, administrators, guardians, or trustees may 

♦Distribution among heirs, &c. by order of Court, see tliis title, Art. "Distribution,'' 
sec. 26. 

fNow Clerk of the Court of Ordinary, 

JMay be dismissed, see subsequent Acts. 

§ Additional compensation under certain circumstances, see next section ; also Act of 
1847, section 157. 



EX'RS, ADM'RS, &c.— Ex'rs, Adm'rs, &c.— 1764-'89. 305 

Additional compensation — lluies of granting letters — Wife's realty. 

take in the management of their respective trusts, in some particular 
cases — 

57. Sec. XII. Be il enacted, S^c. That if any executors, admin- ^^^f^^'^JJ^^^^ 
istrators, ffuardians, or trustees v/ho shall have had extraordinary !"^^' '^'^•P^y 

Id' _ •' bring suit la 

trouble in the management of the estates under their care, and shall the superior 
not be satisfied with the sums herein before mentioned, such execu- dmonai'com 
tors, administrators, guardians, or trustees shall and may be at liberty and?miy"'re- 
to bring an action in the General Court of Pleas for their services, ceJdir!"^t^^o 
and the verdict of the Jury and iudp:ment of the Court thereupon a i^. iiaif 

per ct. mors. 

shall be final and conclusive in such cases ; Provided, always, that 
no verdict sliall be given for more than fifty shillings per cent, over 
and above the sums allov/ed by this Act.* 

58. Sec. XIII. The commissions given by this Act shall be di- commis- 
vided among executors, administrators, guardians and trustees, ac- dhi^id ^^ 
cording to the proportion of the services by them respectively per- !^"^orfi^'^^™ 
formed, to be rated and settled by the Chief Justice and two of the their sei-vie- 
Justices of the General Court of Pleas, in case the executors, admin- ^"^ 
istrators, guardians and trustees cannot agree among themselves con- 
cerning the same. 

Sec. XIY. This Act shall be and continue in force lor the term 
of seven years, and from thence to the end of the next session of 
Assembly, and no longer.f 



All Act to carry into effect the sixth section of the fourth article of 
the Constitutio)i touching the distribution of Intestates' Estates, 
directing the manner of granting letters of administration, letters 
testamentary, and marriage licenses. — Approved Dec. 23, L789. 
Yol. I. 216. 

Sec. I. [Rules of descent — Re-enacted with amendments in 
1804. See sec. 25.] 

59. Sec. II. The same rules shall obtain in regard to the grant- Rules of 
ing letters of administration on intestates' estates, as are before men- tJrs'oTIa" 
tioned for the distribution thereof::]: and should any case arise, which Ihe"pame a? 
is not expressly provided for by this Act, respecting intestates' estates, JrSion*^^^ 
the same shall be referred to and determined by the Common Law 
of this land, as it hath stood since the first settlement of this State, ^5> 
except only that real and personal estate shall always be considered 
in respect to such distribution as being precisely on the same foot- 
ing ; and in cases of intermarriage, since the 22d day of February, on. mama^e 
1785, the real estate belonging to the wife shall become vested in StVoT the^ 
and pass to the husband in the same manner as personal property thl^hu^bamf 
doth ; and in cases of the death of the husband thereafter, intestate and '',^^ pevsoa- 

*See Act of ISiT on this subject, sec. 157. 

fContinued by Acts of 1773 and 1777, and finally perpetuated by Act of 1784, 
"Laws," 3. See also Act of 1792 of this title, sec. XIII. 

^Citizens of Georgia only to be appointed, sec. 7. Creditor may be appointed in 
certain cases, sec. 53. 

§For a concise view of the rule of distribution under the Common LaAv, see *' Bridg- 
man's Analytical Index," Vol. I. 775. 

' 39 



306 EX'RS, ADM'RS, &c.— Ex'rs, Adm'rs, &c.— 1792. 

Amiual re :'Jxiis — Fori'eitnre for neglect. 

without will, the said estate shaU descend and become subject to 
distribution in the same manner as personal property. 

Sec. III. [Defining the duties of the Register of Probates. Re- 
pealed, see sec. 1.] 

Sec. IY. [Giving original jurisdiction to the Superior Court in 
cases of caveat. Repealed.] 
Clerk of the gQ, g^c. V. Where the Rearister of Probates anplies for letters 

County to o . j. j. 

grant letters of administration or letters testamentary, the same shall, in such 
^^^ e regis- ^^g^g Qj^jy^ ]jq gi'anted by the Clerk of the County under the regu- 
lations herein contained ; Provided, ahvays, that a record of such 
proceedings shall nevertheless be made in the office of such Register 
after the proceedings are completed. 

Sec VI. [Directing the Register to grant marriage licenses. See 
sec. 2.]^ 

A?i Act to be entitled an Act to protect the estates of Orphans, and 
to Quake permanent provision for the Poor. — Approved December 
18, 1792. Vol. I. 220. 

Whereas, there is no law in this State vfhich sufficiently points 
out the manner in Avhich the estates of deceased persons shall be 
ascertained, and the duty of executors and admiuistrators prescribed, 
whereby orphans and others are injured in their just rights : for 
remedy whereof, 

61. Sec I. Be it e?iacted, S)'c. That every executor and adminis- 
trator shall annually, whilst the estate shall remain in his or their 
care or custody, on the first day of January, or within ten days there- 
after, render to the Register of Probates in the County m which 
they obtained probates of will or letters of administration a just and 
true account, upon oath, of the receipts and expenditures of such 
^nTere?to ^^^atcs thc preceding year,"^ which, when examined and approved, 
be deposited shall bc dcpositcd Vv' itli the inventory and appraisement, or other pa- 
for inspction pers belonging to such estate in said office, there to be kept for the 
charge^^ inspcctioii of such pcrsous as may be interested in the said estate f 
and that no charge shall be made for such search and inspection by 
Bx'r^ and persous interested ; and if any executor or administrator shall neglect 

adm'rs shall ^ -. ii i ^ m t -it 

forfeit their to reuuer such annual accounts, he shall not be entitied to any com- 
for neglect."* niissions for his trouble in the management of the said estate, f" and 

*The Act of February 18, 1799, says "at the first term" in every year, sec. 75. The 
Act of Dec. 15, 1810, says "once iii each and every year," sec. 91. But by Act of 
1850, "by the first Monday in July,'' sec. 168. In 18-±l,\pain. 129,) an Act vv^ari passed 
requiring executors, administrators, and guardians to include in each anniial return all ' 
jxoiea taken since their last return, which Act was rex3ealed in 181:2, (Pam. 85.) Both 
Acts are omitted. 

fBut see Act of 1850, sec. 138. 

(1.) Sse Echols and Wife vs. Barrett, deciding that the apppointment of one of the Court 
of Ordinary vvhile he is presiding is void. 6 Ga. llcp. 443, 

(2.) Such return _pr<!'/«ayac;ie evidencs only for the adniini'strats'ir, &c. 5 Ga, 29. Failure 
to make returns casts suspicion on a settlement. 6 Ga. 419. 

(3 ) No commissions allowed where annual retiuns have not been made. 6 Ga. 265, 8 Ga. 
419. See Act of 1850, sec. 168. 



I 



{ 



EX'RS, ADM'RS, &c.— Ex'rs, Adm'rs, &c.— 1792. 307 

Security — Appraisement — Achniiiistratioii ^^ith will annexed — Oath. 

shall moreover be liable to be sued for damages by any person or per- 
sons interested in the said estate. [Here follows a passage directing 
executors and administrators already appointed, to render an account 
within twelve months — temporary.] And in cases where any person sup'r court 
shall die intestate and appoint an executor or executors to his will, comprint, 
against which executor or executors there shall be any charge of ne- to^'/v^' Sgu- 
glect or malpractice by any devisee, legatee, or creditor, that the ^'^^^ 
Superior Court shall hear and determine such charge and complaints, 
and if the Judge of such Court shall determine in favor of the ap- 
plication, then and in such case the Judge of the Court shall order 
and direct that the executor so complained of shall give security, 
in the discretion of the Court, for the faithful execution of the 
trust.* 

62. Sec. II. When any will shall be proved, or application is Estates to be 

-, ^ ,.. . /•! r !•• inventoried 

made for admmistration oi the estate oi any person dymg mtestate, and ai)prais- 
the Register shall direct the executors or admmistrators to make out®'^'" 3mu'3. 
an exact inventory of the personal estate of the deceased, and shall 
appoint three or more reputable freeholders, who shall appraise the 
same on oath, which inventory and appraisement shall be returned 
within three months into the Register's [now Clerk's of Ordinary] 
omce ; and every appraisement made as aforesaid may be ^riven in Apprais©- 

. ^ ' . -' \^ . , / . . " meat n:/t to 

evidence m any action against such executors or administrators to be coi.ciu- 
prove the value of the estate, but shall not be conclnsivQ if it shall ^'Jncrof the 
appear on the trial of the cause that the estate was really worth or ^^'^^®* 
bomt fide sold for more or less than such appraisement.!' 

63. Sec. III. When any person shall make a will in writing Administra- 

. . ■' ' 1 • • 1 ■ P tlon Willi the 

Without appointing any executor or aammistrator tnerein, or 'sucn wiiuuincx- 
executor or executors shall refuse to qualify, J the Register of Pro- ca^^to^br^ 
bates of the County wherein such will shall be proved, shall, on ap-^^^^^"'^ 
plication, grant letters of administration, with the will annexed, to 
such person or persons as would have been entitled thereto, if the 
deceased had died intestate. And if any person shall die intestate, 
the Register of the County wiierein the will of such person (had he 
or she left one) would have been proved, shall grant letters of admin- 
istration to them who would have been entitled the.'eto. 

64. Sec. IY. If any person havini^ in possession the will of a Pe^'so^^ d«„ 

1111 11 taunn2,awul 

deceased person, shall neglect to produce the same to be proved, upon ii.ibieto fine 
application to the Superior Court of the County v/irere such will oameaf*" 
ought to be proved, process as for contempt shall issue, and the 
person shall be fined and imprisoned until the will shall be delivered. 

65. Sec. Y. Every executor or administrator, with the will an- 
nexed, at the time of proving the will or srrantino: administration *^^V' ? !^ii 
shall take the following oath :§ " I do solemnly swear that this writing 
contains the true last will of the within named A B, deceased, so far 

*See Act of 1305, sec. 81, giving jurisdiction to tlie Court of Ordinary lor^same i^ur- 
po.'^e. See sec. 91 and note. 

tSee sec. Ill, Act of 1764, sec. 49 of this title. 

JAs to the time in Vvdiich executors inuit qualify, me sees. 8S, 89. 

§By Actoi ISoO, ainin.istra';x'3, ex:3Juor:S ail g-). irl'.j/u^ .my be luilifiel, ai'il give 
bo.il i>i vaj-ition, see K>eo. 153. 



308 EX'RS, ADM'RS, &c.— Ex'rs, Adm'rs, &c.— 1792. 

B on d — ath of Adrainistrator . 

as I know or believe ; and that I will well and truly execute the 
same, by paying first the debts, and then the legacies contained in the 
said 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 ail such goods and cjiattels, so help me God." 
atS/with ^^- ^^^- ^"-^- -^^^^ ^^^® administrator with the v/ill annexed, shall 
the vviii an- enter into bond,^' with good and sufficient security, in a sum equal 
to the value of the estate at least, the condition of which bond shall 
be in the form following,! to wit : '•' The condition of this obligation 
is such that if the above bound C D, administrator, (v/ith the will 
annexed,) of the goods, chattels, and credits of E P, deceased, do 
make, or cause to be made, a true and perfect inventory of all and 
singular the goods, chattels and credits of the said deceased, which 
have or shall ccnie to tlie hands or possession or knowledge of the 
said C D, or into the possession of any other person for him ; and the 
same so made, do exhibit to the Superior Court of the County, or to 
the Register of Probates thereof, at such time as he shall be thereunto 
required by the said Court or Register, and tlie same goods,, chattels 
aPid credits do well and truly admiiiister according to law, and make 
a just and ti'ue account of his actings and doings when by law re- 
quired ; and fuither do well and truly pay and deliver ail the legacies 
contained and specified in the said will, as far as the said goods, chat- 
tels and credits will extend or the law require, then this obligation to 
Towhom be void, else to remain in full force." Which bond shall be made 
sbaiibe payable to tlie Register of PrcbatesJ for the County and his succes- 
niade paya- ^^^^.^ -^^ cffice, and rccordcd in the Clerk's office of tlie Superior 
Howsiicdcn Q(^;^,^l-^ and may be sued for from tim^e to time^ by any person injured 
by the breach thereof, until the whole penalty be recovered, and 
damage sustained being assessed on such suit by the verdict of a Ju- 
ry maybe levied by execution, and paid to the party for whom they 
were assessed. 
Oath of an 67. Sec. YIL Every admiiiistrator, whcii letters are orranted to 

adm'r - . . 

him, shall take the following oath or affirmation, as the case miay bC; 
Thpre being before the Kcgistcr of Prubates:*^ "I do solemnly swear, or Ciiiiin, 
"°"^' ' that A B, deceased, died without any will, as far as. I know or be- 
lieve, and that I w^ill well and truly administer on all and singular 
the goods and chattels, rights and credits of the said deceased, and 
pay all his just debts, as far as the same will extend, and tiie law re- 
Cjunes me ; and that I will make^a true and perfect inventory of all 
and sii:gular the goods and chattels, rights and credits, and a just re- 
turn, tliereof when thereunto required, so help me God." 

68. Sec. YIII. And such administrator shall also enter into bond 

*Et Act of 18c0, administrators, executors and giiardiar^s tupj he qvialified, and give 
bor.d in vacatior, see sec. 163. 

TFormal variance dees not Titiste, Act of 184-1, sec. 139, 

jlni'erior Court sitting as a Court of Ordinary. Variovis forms of bonds declared valid, 
sees. iOl", Io8. 

(jTbe j,rinci|;al and security in any cxecrtor's, adminislrator's or guardian's bond 
made since 13cli Dec. 18^0, maybe svied in the sau-e action ; " Judiciary," sec. 101. 

(1.) This oath, prior to Act of 1850, shouklbe taken before iJie Court of Ordinary, 6 Grt.443. 



EX'RS, ADM'RS, &c.— Ex'rs, Ad3i'iis, fcc— 1792. 309 



Adm: v.strator's bond— Helief of surety— Marriage of Adminlstratri:^- Exe3utors de son tort. 



with good security, to be appointed by the Kegister,^ in a sum equal 
to the Mi value of the estate, with a condition following,! to wit : 
«' Tlie condition of the above obligation is such, that if the above ^™„f4f 
bound A B, administrator of the goods, chattels and credits of C D, ^^'^^J^^^^-^f^g 
deceased, do make a true and perfect inventory of all and singular no win. 
the goods, chattels and credits of the said deceased, which liave or 
shall come to the hands, possession, or knowledge of the said A B, 
or into the hands or possession of any other person or persons for 

him : and the same so made, do exhibit into the said Court of , 

when he shall be thereunto required ; and such goods, chattels and 
credits do well and truly administer according to law, and do make a 
just and true account of his actings and doings thereon, when re- 
quired by the Superior Court or Register of Probates for the County. 
And all the rest of the goods, chattels and credits, which shall be 
found remaining upon the account of the said administration, the 
same being first allowed by the said Court, shall deliver and pay 
to such persons respectively, as are entitled to the same by law, and 
if it shall hereafter appear that any last will and testament was made 
by the said deceased, and the same be proved before the Cou.rt, and 
the executors obtain a certificate of the probate thereof, and the said 
A B do in such case, if required, render and deliver up the said letters 
of administration, then this obligation to be void, else remain in full 
force." Vfhich bond shall be m.ade payable to the Register of. Pro- J;"™J^d 
bates for the County in which the same shall be given, and to his recorded, 
successors in office, and recorded in the Clerk's ouice of the Superior 
Court,! and may be sued in like .manner as is prescribed in the pre- 
ceding clause of this Act, in the case of bonds given by executors 
with the will annexed ; and in case the Register shall fail to take bond JeruiJef in- 
with sufficient security as aforesaid, such Register shall be liable to ^"^•^i^"* ^® 
be sued for all the damages arismg from such neglect, by any person nabie to 
or persons interested in the estate. If the sureties for administra- sureties of 
tors conceive themselves in danger of being injured by such surety- beTe'iiieve? 
ship, they may petition the Superior Court of the County wherein 
they stand bound for relief : which Court shall summon the adminis- 
trator to appear, and thereupon make such order or decree as shall 
be sufficient to give relief to the petitioner.^ 

69. Sec. IX. [If any widow, after having obtained letters of if a widow, 
administration, shall marry again, it shall be in the discretion of the minj^tratrii, 
Judge of the Superior Court, to revoke the administration to heragain,"vS 
granted, or join one or more of the next of kin to the intestate ja i"ay J»e dono 
the administration with her.||] 

Sec. X. [See Art. Distribution, sec. 23.] Estatesof _ 

70. Sec. XL All and every the executors and administrators of any own wroRg, 
person or persons, v/ho as executor or executors in his or their own 
wrong, or administrators, shall waste or convert any goods, chattels, 

*May give bond in vacation, see sec. 163. 

tFormal variance does not vitiate, Act of 1841, sec. 139. 

Jin the office of C. C. O., see Act 1829, sec. 120. 

^Query ; whether this jurisdiction is ousted by the subsequent Statutes giving the 
like power to the Court of Ordinary, sees. 81, 91. 

IjSee Act 1828, sec. 118, repealing this proyision ; it is retained, however, as explana- 
tory of the last. 



310 EX'RS, ADIVPRS, ^c— E x'rs, Adm'rs, &c.— 1799. 

Titles to land — Vendor dying. 

estate, or assets of any person deceased, to their own use, shall be li- 
able and chargeable in the same manner as their testator or intestate 
would have been if they had been living.* 

Sec. XII. [Authorizing the sale of real estates ; re-enacted in 1811, 
and again in 1816, see sees. 97, 105.] 

Sec. XIII. [Declaring the Acts of 1764, (see sec. 58,) and the Act 
of 1789, (sec. 59,) to be in force where they apply and are not repug- 
nant to this Act.] 

Sec. XIY. [See Article ''Poor," sec. 191.] 

An Act to authorize and empower Executors and Administrators to 
make titles to land In certain cases. — Approved Feb. 15, 1799. 
Yol. I. 218. 

S?7atting ^^' Sec I. Where it shall clearly and indisputably appear, that 
r"d dief ^^^^ person or persons hath, or have entered into any bond, obliga- 
the Court of tiou, or otlicr agreement in writing, whereby they were bound to 
ralydh'Jct make titles to any lands, tenements, or hereditaments, and shall die 
aom^'rlt^o ex- "^^^thout having performed the samef or making provision therefor 
ecute titles, "by ^yii]^ tlic pcrsou cr pcrsons to whom such bond, obligation, or 
Application Other a^yreement in writino^ as aforesaid was siven, shall petition the 

to the Court. o ^ i 

'Court of Ordinary of the County in which the executors- or admin- 
istrators reside, and annex a copy of such bond, obligation, or other 
agreement thereto, praying the Court to direct the executors of such 
testator, or administrator of such intestate, to make titles for the 
lands, tenements, or hereditaments, expressed in the said bond, ob- 
Advertise- ligation or other aoreement ; whereupon the said Court shall p-ive at 

ment 3 mo's. ~ o J . i _ o 

least three months' notice, in one of the public gazettes, and in the 
public places of the County, of such application ; and that the ex- 
ecutors or administrators will be directed, at the Court to be held at 
the next term, to make titles agreeably to such bond, obligation, or 
agreement ; and if no objection shall be made thereto during the 
said next term, it shall and may be lawful for the executors of such 
testator, or the administrcitors of such intestate, on application made 
to him or them for that purpose, and upon its being made knov/n to 
his, her, or their satisfaction, that the contract hath been carried fair- 
ly ijito effect, on the part of the person or persons to whom such bond, 
obligation, or other agreement in writing was made, or their legal 
Titles may representatives, aud tlic amouut of the purchasc moucy, or the con- 
der"theVi-" sideration for which the said contract was entered into shall be fully 
the^oJurl P^^^ ^^ performed, with the concurrence of the Court of Ordinary of 
the County in which the intestate died or resided at the time of his or 
her decease,'J: to make and execute titles in fee simple for such lands 
or tenements, and fully and completely perform the contract and agree- 
ment of the deceased, as perfectly and effectually, to all intents and 
purposes, as the party having made the said contract might or could 

*If they die chargeable, first debt to be paid, see this title, Art. "Distribution" sec. 24. 

fSee sec. 84, where both parties die, and sec. 83, where the vendee is dead. See al- 
so " Judiciary," sec. 203, as to proceedings by administrator to sell land Avhcre bond is 
given. 

JThis latter provision repealed by Act of 1850, sec. 171. 



EX'RS, ADM'RS, &c.— Ex'rs, Adm'rs, &c.— 1799. 311 

Thirty days' notice of application — Temporarj^ letters. 

have done when in life, any law to the contrary notwithstanding : 
Provided always nevertheless, and be it. further enacted, that if any ^y^J^j^^jJ" 
of the heirs or le^al representatives of the deceased shall oppose or ^ftjon must 

^ ■ c 1-111 1 • • . be brought. 

dissent to the maKing oi such titles by the executor or administrator, 
such executor or administrator shall withhold and forbear to make 
such title or titles, until a suit shall be instituted against him or them, 
and a verdict of a Jury, or judgment of the Court, shall pass against 
him for that purpose. 

72. Sec. II. It shall be the duty of such executor or executors, Description 

T . . , . . .•'.-. . -. . -, of the land, 

administrator or admniistrators, in all cases where titles to lands are and the bond 
made in virtue of this Act, to make a fair statement thereof, describ- Tnke ci'k's 
ing tlie boundaries and situation of the land, and return the same, sSd coult? 
together with the bond, obligation, or other agreement in writing, 
which may have been taken up upon making such titles, to the 
Court of Ordinary, to be filed in the Clerk's office of that Court, 
subject to the inspection of all persons interested. 



An Act to carry hito effect the sixth section of the third article of the 
Constitution, and to amend an Act entitled, ^''c. [Act of 1789, 
sec. 61,] and to prevent entails. — Approved Feb. 16, 1799. Vol. 
I. 219. 

73. Sec. II. All applications for letters of administration shall ;|^p'■'''5,^^'"" . 
be made to the Clerk of such Court of Ordinary, who shall give no- aaministra- 
tice thereof in one of the public gazettes of this State, and by ad- mide to the 
vertisement at the Court house of such County, at least thirty days Saife^'no- 
before the sitting of the said Court of Ordinary ;* and such Clerk so'davsX^- 
may at his discretion 2;rant letters to collect and take care of the ef- f^'i® ^V ^.'^ 

tin" OI th6 

fects of the deceased, until tlie meetiiiff of such Court rf and the court. 

. The Clerk 

said Court shall also grant such letters in all cases where there shall may grant 
be anappealj from the determination thereof to the Superior Court, Jel-SX^i" 
and in either case, the person obtaining such temporary letters of '"J^ ^'J'^'JJJ 
administration, shall eive bond and security for the faithful perform- ^e"^^'^ ?'^«- 

'■ dents lite. 

ance of tlie trust reposed in such person or persons.^ 

Segs. I, III, lY and VI. [See Article Court of Ordinary, sec. 

1, et seq.] 

Sec. V. [As to entails, see ''Conveyances," sec. 20.] 



An Act for the better iirotection and security of Orplians avd their 
Estates.— A^woYQd Feb. IS, 1799. Vol. I. 225. 

74. Sec. I. From and after the passin^r of this Act, it shall be cierkstoen- 

t°r tho 

the duty of the Clerks of the Courts of Ordinary, in. the respective names of aii 
Comities, to enter into a book to be kept for that purpose, the names and'guar"i-'^ 

lans, and of 
their securi- 

*Same provision as to guardians, see Act of 1850, sec. 161. ties. 

fSee Constitution, Art. 3, sec. 6. 

X Jiee Article " Court of Ordinary," sec. 6. 

[1.] Upon le tters being granted they revert back to the death of intestate. 1 Kelly, 381. 



312 EX'RS, ADM'RS, &c.— Ex'rs, Adm'hs, &c.— 1799. 

Waste — Prevention — Disbursements. 

of all the executors, administrators, and guardians, which may have 

been, or shall in future be appointed in the several Counties, together 

with the names of their securities, which book shall at all times be 

subject to the examination of the Inferior Court, and of such other 

person or persons as may be interested therein. 

AUiuchper- 75. Sec. II. All guardiaus, executors, and administrators, here- 

thems?cH tofore appointed, and w^hich shall hereafter be appointed, shall at the 

returalnlc-next Inferior Court, after the expiration of nine months, in the re- 

S?of"su«h spective Counties, after the passing of this Act, exhibit an account on 

estate,whicii oath of all the estate of such orphan or deceased person, which he or 

shall be en- . ^ r 7 

tered by the they shall havc received, to be entered by the Clerk of the Court of 
book kept for Ordinary, in a book to be kept for that purpose only ;* and when such 
w'LTe^of^^' Court shall know or be informed that any such guardian, executors,-}* 
such estates qj. administrators, shall w^aste, or in any manner mismanase^ the estate 

by «^ardians ^ -" ' J o 

and adm'rs, oi such orphaii or dcccased person, or does not take due care of the 
>eQt«r^ education and maintenance of such orphan, according to his, her, or 
their circumstances, or where such guardian, executor, or administra- 
tors, or his, her, or their securities are likely to become insolvent, 
such Court may make such order for the better managing and secur- 
ing such estate and educating and maintaining such orphan, as they 
shall think fit. 

76. Sec. III. It shall be the duty of all such guardians, executors, 
and administrators, to render a full and correct account of the state 
and condition of such estates as they may severally have in theii* 
possession, to the first termf of the Inferior Court in the respective 
Counties, in which they shall severally be appointed, in every year, 
which account shall contain a statement of the transactions of the 
estate to the last day of December preceding such Court ; and the 
said Courts shall yearly at the Court aforesaid, examine the accounts 
of such guardians, executors, and administrators, so to be exhibited* 
Process to is- and shall direct process to issue returnable to the next Court against 
thosew'hodo all guardians, executors, and administrators then failing to appear 
SSrreuirns. ^-iid rcudcr such account, whether he, she or they be resident in the 
The Court samc or any other County ; and shall also inquire into the cibuses or 
hito abuses* mismanagements of all guardians, executors, and administrators ; and 
Siem^"^"^^ whether they or their securities are likely to become insolvent or not, 
and thereupon to proceed according to the powers hereinbefore given 
Proviso. "by this Act : Provided, that nothing herein contained shall be con- 
strued to restrain the said Inferior Courts from inquiring, as often as 
they shall think proper, into the abuses and mismanagement of guard- 
ians, executors, and administrators, but they may exercise such pow- 
ers at any time when it shall appear necessary.^ 
Gaardiaosto 77, g^c. IV. All s;uardians shall be allowed in their account, to 
reasonable charge all reasonable disbursements and expenses, suitable to the cir^ 
meiitsTnd cumstanccs of the orphan committed to his care. And where it shall 



I 



exp«ases. 



*See sees. 91, 92,'(Act of 1810.) 

tSee sees. 81, 82, (Act of 1805.) \ 

+"By the first Monday in July," by Act of ISoO. sec. 168. 

§As to the mode of servmg llules against them, see Acts 20th and 22d Dec. 1828, sec. 
115, 119. 

[l.J See 8 Ga. 407. 



EX'RS, ADM'RS, &c.— Ex'rs, Adm'rs, &c.— 1799-1805. 313 

Poor orphans — Hours of sale — Sale of slaves. 

appear to the said Court that the annual profits of the estate of any F'''\" ^"'^ 

J^A T» • r bmtl out poor 

orphan is not sufficient for the education and maintenance of such orphans. 
orphan, it shall be the duty of such Court forthwith to bind out the 
said orphan far the whole or such part of the time of such orphan's 
minority as to them shall seem best ; and the person to Avhom such 
orphan shall be bound, shall undertake to clothe and maintain such 
apprentice in such manner as the said Court may direct, and shall 
cause such apprentice to be taught to read and write the English 
language, and the usual rules of arithmetic. And in all cases where in case of 
it shall appear to the Court, that any person to whom any orphan "fS^e suTird- 
shall ba bound in manner aforesaid, shall misuse or ill treat such or- *-*"' 'J'.^ 9'^ 
phan, or shall fail to comply with the condition on which such orphan tiio" orphan 
was bound, it shall be the duty of the said Court, on due notice and er person, 
proof thereof, to take the said orphan out of the possession of such 
person, and bind him or her to some other person. 
Sec. V. [See article Distribution, sec. 24.] 

An Act to j^egulate sales made by Executors and Administrators. — 
Approved Dec. 12, 1804. Vol. II. 207. 

7S. Immediately from and after the passing of this Act, no sale saies to be 
made by executors or administrators shall commence before the hour aLdTo'ciock 
often o'clock in the forenoon, or be continued after the hour of four iJJJytoaiy'',''^ 
o'clock in the afternoon ; nor shall any such sale be continued from ^^^j![;J^^jf '^ '^'*" 
day to day, unless the advertisement shall be so expressed, and the ij'^^ '"'^de 
same be publicly made known by the hour of four o'clock in the af- tiie' first day 
ternoon of the day on which the said sale shall commence. houra." 

Afi Act to alter and amend an Act, entitled an Act to carry into ef- 
fect the sixth section of the third article of the Constitution, and 
to amend an Act, entidtd an Act to carry into effect, ^^c. [Act of 
16th Feb. 1799, see sec. 73.]— Approved Dec. 6, 1805. Vol. II. 
259. 

Seg. I. [Fixing the terms of the Court of Ordinary — re-enacted 
with amendments, sec. 8.] 

79. Sec. II. No administrator shall be allowed to sell any slave ^J'^^es not 
or slaves belonging to the estate of his intestate ; but where the other unions the 
personal estate, together with the hire of such slave or slaves for sonaity'^wiu 
twelve months, shall be insufficient to discharge the debts due by the St^s^^©? 
estate, or where one or more slaves shall be subiect to distribution, "^l^?^.^ ^^"*^ 

' . . ... division can- 

and an equal division thereof cannot be made in kind, it shall be not other- 
lawful for the Court of Ordinary, by which administration was grant- m'atre. 
ed, to direct the sale of such slave or slaves : Provided always, that Provigo 
each distributee, or his, her, or their guardian shall receive twenty 
days' notice, in writing, previous to the granting of such order, to 
show cause, if any he or they can, against such sale.* 

•See Act of 1826, sec. 125, as to sales of slaves, 

40 



314 EX'RS, ADM'RS, &c.— Ex'rs, Adm'rs, &c.— 1805-'7 

Relief of sureties — Waste — Death of vendor and vendee. 

br^utuVto ^^' ^^^' ^^^- From and after the passing of this Act, it shall be 
sale to the the dutv of all administrators, of sales to be made by them, to put 

best advan- . . 

tage. up the property to be sold in such manner and quantity as shall be 

deemed most advantageous to said esiate."^ 

Sec. IY. [Directing the division of estates by order of Court — 
re-enacted with amendments in 1812. See sec. 26.] 
Sureties of 81. Sec. Y. Whenever securities for executors, administrators, 
how t.fbe or guardians,! conceive themselves in danger of suffering thereby ^ 
relieved. ^^-^^ petition the Court of Ordinary for relief, the said Court shall 
cause the executor, administrator, or guardian, to be summoned to 
appear before them at the next sitthig thereof, and shall make such 
order, and give such relief in the case, by counter security or other- 
wise, as to the said Court shall seem just and equitable.^ 
Thewa^teof 82. Sec. YI. Wlieu it shall bo made to appear to the satisfaction 
5*'fg!^})ow of the Court of Ordinary, that any executor or executors of an estate 
^euted!^^ are in insolvent circumstances, and that the estate is likely to be 
wasted by the improper conduct of such executor or executors, it 
shall be the duty of said Court, by order, to compel such executor or 
executors to give bond, with approved security, for the faithful ex- 
ecution of the trust reposed in him, her, or them, by the said will ; 
and in case cf failure to comply with such order, to grant letters of 
administration, with the will annexed,f to such person as vv^ould be 
entitled thereto if no such executor had been appointed.^ 
Where the 83. Sec. YII. Whoro tlicre has been a contract or contracts in 
wndefof Writing for the sale of land, and the party to whom titles are to be 
Ifow titles J^i^^de dies before such titles are executed, it shall and may be lawful 
are to be for tlic Court of Ordinary to order the title or titles to be made to the 

heirs general of the party deceased, 
and where 84. Sec. YIII. Whcrc any person or persons shall depart this 
traeting Hfc after having entered into any written agreement for the convey- 
vendee both aucc of any real estate, g,nd the obligee shall also have departed this 
^"'®- life, the executors of the obligor shall in like manner make and ex- 

ecute a conveyance or conveyances to the heirs of the obligee. 
Sec. IX. [Certificate of marriage, see Court of Ordinary, sec. 5.] 
This act to Sec. X. Tliis Act sliall not affect or operate on any administra- 
_)e^i;io.pect- ^^^^_^ heretofore granted. 

A7i Act for the more effectually securing the probate ofioills^ liinitiiig 
the time for executors to ciualify^ and widoivs to make their elec- 
tion. —A^^mYe^i Dec. 10, 1807. Yol. II. 381. 

Whereas, there is no law in this State which sufficiently enforces 
witnesses to wills to prove the same, whereby the wise and benevo- 

*ror remedy where ptircliaser does not comply witli terms, see " Judiciary," sec. 
188. 

fSee further as to their protection, Act of 1810, sec. 91, 92, and note thereto. 
JSee Act of 1810, as to its effect upon pending suits, sec. 92. 

[l.J Discharged only from future liability — new sureties bound iox past 8.ni future wastes, 
1 Kelly, 84, 88, 356. 
[2.] The revocation a good plea for the executor, puis darreinlcontvniuince.12 Kelly, 428. 



EX^RS, ADM'RS, &c.— Ex'rs, Adm'rs, &c.— 1807-'9. 310 

Witness to wills — Executor qualifying — Claims. 



lent iiitentioDs of testators are often defeated, and heirs and legatees 
deprived of their just rights ; for remedy whereof, 

85. Sec. 1. Be it enacted, Si'' c. That it shall be the duty of all witnesses to 

' ^ • ^ r^ Wills boiind 

and every witness to any will or wills,* to be and appear at the Court to attend to 
of Ordinary, on the regular day for the probate of the said will, ready Kme! 
to testify of and concerning the validity of the same ; and the Courts 
of Ordinary in this State shall have, and they are hereby vested with j^^^l^^Js "bl-" 
the some powers and authority that are vested in the Superior ^^d f'^^e ^court 
Inferior Courts, for the production and punishment of any witness 
or witnesses, that may be needful to carry into effect the business of 
the said Courts of Ordinary. 

And ivhcrcas, it often happens that persons left as executors to wills 
refue.e to qualify, to the delay of the just claims of creditors, and to 
the injury of the estate of such testator ; for remedy whereof, 

86.' Sec. II. Be it enacted, That it shall be the duty of all and Executoi-s 

1 /-^( must qualify 

every such person so left as executor, to be and appear at the Court within 12 
of Ordinary at the first regular Court for the probate of the same ; ™''" 
and in case any such person left as executor should not qualify within 
one year after the death of their testator, then and in that case their 
rights to qualify shall be considered to be abated and destroyed, and 
the said Court are hereby prohibited from admitting them to the 
same.f 

Sec. III. [Repealed by sec. 91.] 

Sec. IY. [See Dower, sec. 1.] 



An Act to amend an Act, entitled An Act to protect the estates of 
OTflians^ and to make permanent provision for the poor ^ passed 
Dec. 18, 1792.— Approved Dec. 14, 1809. Yol. II. 5G0. 

87. Sec. I. Where any executor or executors, administrator or^'^,™^"*", 

J ' real property 

administrators have or may advertise that it is his, her, or their in- at an ex'r'a 
tention to apply for leave to sell any real estate as the property of his, sale, 
her, or their testator or intestate, or having obtained an order of sale, 
and the sa,id estate shall be claimed by any other person or persons, 
such claimant by himself, his agent, or attorney, shall file with the 
Clerk of the Inferior Court or Court of Ordinary, as the case may be, 
such claim on oath, a copy whereof shall be served upon such execu- 
tor or administrator previous to the day of sale ; whereupon it shall 
be the duty of said Clerk to transmit such claim to the next Superior 
Court of the County where the land lies, and the right of property 
shall be there tried, upon an issue made ijp, in the same manner and 
under the like regulations, restrictions, and penalties as are laid down 
in the Judiciary for the trial of the right of property levied on under 
executions. 

88. Sec. II. YVhere personal property shall be advertised for sale of personal 

T_ j^ . \ -' 1 • • 1 property. 

by any executor or executors, admmistrator or admmistrators, and 
the same shall be claimed in manner aforesaid, such claim shall be 

*See further as to -wills, this title, article " Wills," 
t Amended by Act of 1810, sec. 89. 



316 EX'RS, ADM'RS, &c.— Ex'rs, Adm'rs, &c.— 1810. 

Time of Executor's qualificatian — Letters dismissory. 

tried in the SuDerior or Inferior Court next to be