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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  SUBDIVISIONS. 

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— Flour— 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. 


AGRICULTURE  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  COMMERCE— 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  REGISTRY— 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. 


u 

4. 
5. 

<( 

6. 

<( 

7. 

(( 

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. 

i< 

32. 

{( 

33 

«( 

34 

(( 

3. 5 

<( 

3j 

(( 

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.  215 

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  0  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-^39. 

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. 
_ „_^ —      tii.  ■ 

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 — 0  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— Ex'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  held  after  such  claim 
filed  in  the  County  where  such  executors  or  administrators  may  re- 
side ;  Provided,  such  property  is  in  their  possession,  and  if  in  pos- 
session of  tlie  claimant,  such  trial  shall  be  had  in  the  County  where 
the  claimant  resides,  under  the  same  regulations,  restrictions,  and 
penalties  as  aforesaid. 


An  Act  \to  amend  an  Act]  for  the  more  effectually  securing  the  pro- 
hate  of  Wills,  Umiting  the  times  for  executors  to  qiialifij,  ajid  wid- 
ows to  make  their  election,  and  for  other  purposes  therein  m^cntion- 
ec/.— Approved  Dec.  15,  1810.     Vol.  II.  668. 

Sec.  I.  [See  Art.  Court  of  Ordinary,  sec.  8.] 
Whereas,  it  frequently  happens  that  a  person  appoints  in  his  last 
will  and  testament  two  or  more  executors,  one  of  whom  only  quali- 
fies under  the  said  will ;  and  if  such  qualified  executor  dies,  the  other 
executors  nominated  in  the  will  of  the  testator  cannot  qualify/,  by 
which  means  the  estates  of  the  testator  are  placed  in  the  hands  of  an 
administrator  de  bonis  non,  with  the  will  annexed,  and  the  person  in 
whom  the  testator  confided  prevented  from  acting  ;  for  remedy 
whereof, 
Anyex'r  89.   Sec.  II.      Bc  it  cnactcd,  That  from  and  after  the  passing  of 

wfthiTia'  ^  this  Act,  it  shall  ajid  may  be  lawful  for  any  executor  named  in  the  will 
Sle"deauiTf  <^f  t^^^  tcstator  to  qualify  under  the  said  Vvdll  at  any  time  ;  Provided 
a  preceding  tlic  qualification  of  one  or  more  takes  place  within  twelve  months 
ecutor.        alter  the  deceo.se  of  the  testator.     Provided  also,  that  the  executor 
and  executors  who  do  not  qualify  witiiin  tvv^elve  months  from  and  af- 
ter the  decease  of  the  testator,  one  of  whom  shall  do  so  within  twelve 
months  after  the  decease  of  the  only  qualified  executor.*^ 
Ex'rsor  90.   Sec.  III.     It  sliall  be  lawful  for  any  executor  or  executors, 

adm'rs?,  how      ..       .     .  ,..  :;  _  ' 

to  obtain  let- admmistrator  or  administrators,  who  ma]^  have  fully  discharged  the 
6or^'.  '''^^'^~  duties  assigned  to  him  or  them,  to  petition  the  Ordinary  Court  for  a 
discharge  from  his  or  their  executorship  or  administration,  upon  vvdiich 
petition  the  said  Court  shall  order  a  citation  to  be  issued,  requiring 
all  persons  concerned  to  show  cause,  (if  any  they  have,)  why  the 
said  executor  or  executors,  admin isti'ator  or  administrators,  on  the 
day  thereiii  to  be  named,  should  not  be  discharged :  which  citation 
shall  be  published  in  one  or  more  gazettes  of  this  State,  for  the  space 
of  six  months,  and  if  no  cause  is  shovvrn  to  the  contrary,  and  it  shall  also 
appear  from  an  examination  into  the  situation  of  the  testator's  aJfiairs 
and  estates,  that  the  said  petitioning  executor  or  executors,  administra- 
tor or  administrators,  have  faithfully  and  honestly  discharged  the  trust 
'    and  confidence  reposed  in  him  or  them,  that  he  or  they  shall  be  forth- 

*See  prior  Act  of  1807,  sec.  86. 

(1.)  If  one  executor  qualifies  and  undertakes  a  special  trust,  devolved  by  the  will  on  the 
executors  and  dies,  and  another  executor  qualifies  within  twelve  months,  he  becomes  entitled 
to  the  unadministered  trust  estate.  1  Kelly,  322. 


EX'RS,  ADM-RS,  &c.— Ex'rs,  Adm'rs,  &c.— 1810.  317 

Annual  returns — Kelief  of  sureties. 

witli  dismissed  and  released  from  his  or  their  liability,  as  executor  or 
exec  Uors,  administrator  or  administrators.^''^ 

9L   Sec.  IV.     It  shall  be  the  duty  of  all  guardians,  executors,  and  To  make 
admipxistrators,  to  render  a  full  and  correct  account  of  the  estate  and  turns!  ^^' 
condition  of  all  such  estates  as  they  may  severally  have  in  their  pos- 
sess: ^n,  to  the  Inferior  Court  while  sitting  for  Ordinary  purposes,  in 
the  County  for  which  they  may  have  been  appointed,  oncef  in  each 
and  every  year, J  which  account  shall  contain  a  statement  on  oath,*§> 
of  tlie  transactions  of  the  estate  to  the  last  day  of  December  preced- 
ing such  return,  together  with  the  necessary  vouchers  relating  there- 
to ;  and  it  shall  be  the  duty  of  said  Court  after  examining  the  same,  fj^J'i^jJtroi 
to  a]  probate  or  reject  such  accounts,  and  it  shall  be  the  duty  of  such  «ftiie  court. 
Court  to  order  the  Clerk  of  such  Court  to  record  all  such  settlements  in 
a  bound  book,  to  be  provided  by  the  Inferior  Court  for  that  purpose  ; 
and  the  said  Clerk  shall  receive  for  his  fees  for  such  recording,  the 
sum  of  fifty  cents  for  each  settlement  so  recorded. 

Skc.   y.     The  third   section  of  an  Act  entitled  ^'  an  iict   for  the  Reppaimg 
more  eifectually  securing  the  probate  of  wills,"  ^c.  passed  the  10th 
day  <  f  Dec.  1807,  be,  and  the  same  is  hereby  repealed. 

Sr:c.  VI.      [Temporary.] 

Sec.  VII.      [See  Art.  Court  of  Ordinary,  sec.  9.]  , 

92.   Sec.  VIII.     The  said  Court  shall  have  power  and   authority  f='ure(ie3  of 
upoii  complaint  made  and  cause  shown  by  any  security  of  any  ad- tcrs'and 
mini::trator  or  guardian,  that  his  principal  is  mnsm.anagmg  his  estate  may  h'e'^"e- 
upon  which  he  is  the  administrator  or  guardian,  to  pass  an  order  re-  ^^^"^^^^-^ 
quiring  such  administrator  or  guardian  to  show  cause,   if  any  they 
have,  at  the  next  term,  why  such  security  should  not  be  disc'iarged 
from  his  securityship,  and  such  administrator  or  guardian  ccmpehed 
to  give  ncAV  security,  or  their  administration  or  guardianship  revoked, 
as  tc  the  said  Court  shall  seem  expedient,  and  upon  the  revocation 
of  such  administration,  or  upon  the  revocation  of  any  letters  testSL- sdre  fada^ 
m.entary  as  provided  by  law,   and  granting  administration  <:/e  ^w/^spaJt/es^"^"^ 
non,  suits  brought  by  or  against  the  former  administrator,   shall  not 
for  tiiis  cause  be  abated, ||  but  the  removal  of  such   administrator  or 
executor  being  suggested  on  record,  a  si:i.Ja.  may  issue  to  make  such 
admi  listrator  de  bonis  7wn,  a  party  at  any  time  after  the  granting   of 
such  letters  de  bonis  non. 

^Discharge  not  final,  as  to  minors,  see  Act  of  18-50,  sec.  165.  As  to  letters  dismissory 
of  Gn-rdiaDS,  see  Act  of  182(i,  sec.  107.  Sec  also  Act  ci;  1840,  &ec.  137,  as  to  the  dispo- 
sition cf  money  in  their  hands  not  administered. 

fBy  the  first  Monday  in  July,  hy  Act  of  18o0,  sec.  1G8. 

JKemoved  lor  a  failure,  Act  of  1821,  sec.  100. 

§0i  surety  in  certain  ca^^es,  see  Act  of  1843,  sec.  140. 

IITtii:^  provision  re-enacted  in  1821,  sec.  100. 

mSee  Act  of  1792,  sec.  8,  and  Act  of  1805,  sec.  5,  and  Act  of  1821,  sec.  1,  Act  of  20tli 
Dec.  1828,  sec.  2  and  3,  and  22d  Dec.  1828,  sec.  3. 

(1.)  A  comple  te  tar,  loth  in  Law  and  Equity,  prior  to  Act  of  1850.    4  Ga.  516. 


318  EX'RS,  ADM'RS,  &c.~-Ex'rs,  Adm'rs,  &c.— 1812-'15. 

Executor,  Administrator,  &c.  renioving — C.  C.  O.  Adin'r.  de  bonis  nan. 

An  Act  to  alter  and  amend  an  Act/or  the  more  effcctaallij  securif/o^  the 
probate  of  Wills,  6^'c.  [15th  Dae.  1810.] — Approved  10th  Dec, 
1812.     Vol.  III.  283. 

Sec.  I.  [See  Art.  Distribution,  sec.  26.] 
ExecMtors,  93.  Sec.  II.  Ally  executors,  executrlx,  administrators,  admiiiLstra- 
torsor  guard- trix,  or  guardian,  whose  residence  shall  be  changed  from  one  County 
ingVo'^^nI)th-  to  auothcr,  citlicr  by  the  creation  of  a  new  County,  removal  or  other- 
on removing ^^^^se,  sliall  liavc  the  privilege  of  making  the  annual  returns  required 
the  record  "  Qf  them,  bv  this  Act,  to  the  Court  of  Ordinary  of  the  County  in  which 

and  giving  •'  '  .  •'  J 

new  security  they  residc.  by  having  previously  obtained  a  copy  of  all  the  records 

their  returns  concerning  the  estates  for  which  they  are  bound  as  executors,  execu- 

ui«/reS.  ti'ix,  administrators,  administratrix,  or  guardians,  and  having  had  the 

same  recorded  in  the  proper  office  in  the  CouQty  ia  which  they  then 

reside,  and  having  given  new  bond  and  security  as  the   law  clirocts, 

for  the  performance  of  their  duty.*^ 


An  Act  to  autltorize  the  several  Courts  of  Ordinary  in  this  Slate  to 
apjw'mt  their  Clerks  ad  mini  str  it  tors  dc  bojiis  non  in  certain  cases. 
—Approved  Dec.  16,  1815.     Vol.  III.  284. 

Vvliereas,  there  is  no    provision  by   law  for  the   admini5trati(;n  of 
the  estates  of  deceased   intestates  in  cases  where  the  adminiytiator 
or  admmistrators  die,  and  administration  dc  bonis  non  caanot  be  grant- 
ed from  the  incapacity  of  the  persons  applying  to  give  the  security  re- 
quii'ed  bylaw,  or  when  the  persons  appointed  refuse  to  give  such  se- 
curity, for  remedy  v/hereof. 
Where  ad-        94.   Sec.  I.   Bc  it  cnactcd,  S^c.   That  when  the  administr'atQr.  ad- 
feTSlifnfa  miuistrators,  or  administratrix  of  the  estate  of  any  intestate,  shall  die 
^nm.rgiv-c  before  he  has  fully  administered  upon  the  estate,  and  the  person  or 
sccurit/.  the  riepsons,  Yv^hom  the  Court  of  Ordinary  shall  appoint  admiaistrators  or 

clerk  ot  Or-  Jr  '  .  •'  -^     \^  . 

diiiaryshair  administratrix  de  bonis  non  upon  such  unadmimstered  estate  shall  re- 
fuse to  give  the  security  required  by  law  ;  or  when  the  applicant  or 
applicants  for  letters  of  administration  de  bonis  ?ion,  upon  unadniin- 
istered  estates,  shall  be  incapable  of  giving  the  security  required  by 
law,  it  shall  be  the  duty  of  the  Court  of  Ordinary  in  the  County  vi^here 
any  such  case  shall  happen,  by  special  order  of  Court,  to  vest  the  fi- 
nal administration  of  such  estates  in  the  Clerk  oi  the  Court  of  Ordi- 
nary of  said  County,!  or  such  other  person  as  the  Court  may  app*  )mt ; 
and  such  Clerk,  or  other  person  as  aforesaid,  when  such,  special  order 
shall  have  pa?sed,  shall  immediately  proceed  finally  to  administer  on 
such  unadministered  estate,  as  soon  as  possible,  under  the  direction 

^Explained  by  Act  of  1813,  sec.  141.    And  extended  by  Act  of  1850,  sec.  136. 
t  Extended  to  all  cases,  and  amended  by  Act  of  1839,  sec.  134.     See  also  Act  oi  1845, 
sec.  151,  as  to  appointing  them  guardians  in  certain  cases. 

The  trust  continues,  though  out  of  office  ;  see  Act  1850,  sec.  164. 

(1.)  Where  the  provisions  of  this  Act  are  complied  with,  the  old  sureties  are  relieved  from 
allf'.itherH^^'ii:tr.  6  Ga.i::2. 

The  -acvr  V-  rvd  y^  -.i  <-Qfitiu.H-T,tion  of  tl--?  -X  •.  ';^;in-dlam'h"n  or  ?idministration.   6  Gx  442. 


act 


EX'RS,  ADM'RS,  &c.— Ex'rs,  Adm'rs,  &c.— 1815-'16.  319 

Administtator  de  bonis  non — Sale  of  real  estate. 

of  said  Court  ;  for  which  purpose  the  said  Clerk  or  other  person  as 
aforesaid,  shall  have  full  power  and  authority  to  commence  and  de- 
fend suits  at  law,  as  the  legal  representative  of  such  unadministered 
estate.  Provided,  that  in  all  such  suits  at  law,  no  other  evidence  shall  Evidence  of 
be  required  of  the  said  Clerk,  or  other  person  as  aforesaid,  being  the  ^ 
legal  representative  of  any  such  unadministered  estates,  than  an  exem- 
plified copy  of  the  aforesaid  special  order  of  the  Court  of  Ordinary.* 

95.  Sec.  II.  Whenever  the  administration  of  an  estate  shall  be  vest-  Theropre- 
ed  in  the  Clerk  of  the  Court  of  Ordinary,  or  other  person  as  afore-  the  deceased 
said,  according  to  the  provisions  of  this  Act,  the  executor,  executors,  u,r,"&c^shtii 
executrix,  administrator,  administrators,  or  administratrix  of  the  de-  gucrderk.^^* 
ceased  administrator  or  administrators,  shall  be  bound  to  pa)/"  into  the 
Clerk's  hands,  or  other  person  as  aforesaid,  all  moneys,  and  also  to  de- 
liver to  him  all  bonds,  notes,  accounts,  and  other  papers,  and  all  the 
property  belonging  to  such  unadministered  estate,  and    fully  to   ac- 
count of  and  concerning  the  acts  of  his,  her,  or  their  deceased  testa- 
tor or  intestate,  upon  such  unadministered  estate. f^ 

96.  Sec,  III.   Such  Clerks,  or  other  person  as  aforesaid,  when  in- 
vested with  the  administration  of  an  estate,  according  to  the  provis- ^^''^^  c'^r^^'* 
ions  of  this  Act,  shall  be  allowed  such  compensation  for  their  services  tion. 

as  is  allowed  to  all  other  executors  and  administrators  by  the  laws  of 
this  State. 


A7i  Act  to  alter  and  amend  an  Act,  entitled  ^^An  Act  to  alter  arid 
a/mend  the  tioelfdi  section  of  an  Act  to  protect  the  estates  of  orphans, 
and  to  malce  per manent  provision  for  the  poor. ''"' — Passed  Dec.  16, 
1811.     This  Act  passed  Dec.  18,  1816.     Vol.  III.  285. 

Whereas,  difficulties  have  arisen  from  the  above-recited  Act,  for 
remedy, 

97.   Sec.  I.   Be  it  enacted,  t^'c.   That  it  shall   and  may  be  lav/ful 
lor  the  Inferior  Courts  in  the  several  Counties  of  this  State,  whe7i  sll-  dZirylmy^ 
ting  for  ordinary  pur  poses, X  to  order  a  sale,  which  shall  be  at  public  sJ^p(,/^Jeai 
auction,  and  on  the  first  Tuesday  in  the  month,  at  the  place  of  public  ««t^tes. 
Sides  in  the  said  County,'  first  giving  sixty  days'  notice  thereof  in  one 
of  the  gazettes,  and  at  the  door  of  the  Court  house  in  the   County  ncUceoFt&a 
where  such  application  shall  be  made,  of  such  part  or  the   whole  of^'^'®- 
the  real  estate  of  every  testator  or  intestate,  on  a,pplication  of  the  ex- 
ecutor, or  executors,  or  executrix,  administrator,  or  administrators,  or 
admmistratrix,  guardian  or   guardians,  where  it  is  made  fully  and 
plainly  appear,  that  the  same  will  be  for  the  benefit  of  the  heirs  and 

*■  Additional  security  may  be  required  ;  see  Act  of  1839,  sec.  135. 

fThis  provision  extended  to  all  administrators  de  bonis  non,  by  Act  of  1845,  sec.  147. 

ij:  This  section  is  a  transcript  of  the  Act  of  1811,  with  the  addition  of  the  words  itali- 
cized. See  also  Act  of  1826,  sec.  105  and  note.  For  Act  requiiing  the  reservation  of 
burying  grounds,  see  "  Penal  Laws,"  sec.  361. 

(1.)  The  constitutionality  of  this  section  doubted,     1  Kelly,  81. 


320 EX'RS,  ADM'RS,  &c.— Ex'rs,  Adm'rs,  &c.— 1820. _^ 

Guardian's  oath  and  bond — lie  turns,  in  vacation. 

9 months'  creditois  of  such  estate,^  Provided,  that  a  notice  of  such  application 
appi^catioL^  for  Sale  be  first  made  known  in  one  of  the  gazettes  in  this   State  at 

least  nine  months^  before  any  order  absolute  shall  be  made  thereupon. 
Sec.  II.  All  laws  and  parts  of  laws  militating  against  this  Act,  be 

and  the  same  are  hereby  repealed. 


An  Act  supplemsntari/  to,  and  amendatory  of  the  several  Laws  f,ass~ 

ed  in    tJiis  Suite  for  the  protection  of  the  estates  of  orphans,    idiots, 

lunatics,  and  persons  insane  ;  to  provide  for  jiUing  vacancies  in  ike 

office  of  the  Clerk  of  the  Court  of  Oidinarij,  and  to  regulate  their 

fees  in  certain  cases. — Approved  22d  Dec.  1820.     Vol.  TV.  204. 

Guardians  to      98.  All  guardiaus  which  may  be  appointed  in  this  State  after  the 

eanoa  ^- pg^gg^^gQ  of  tiiis  Act,  shall,  bcforc  they  enter  upon  the  duties  of  their 

appointment,  take  before  the  Court  by  whom  they  are  appointed,  the 

The  oath,     followiug  oath  OF  affirmation,  to-wit :   ''  I,  A  B,  do   solemnly  swear, 

or  affirm  (as  the  case  may  be,)  that  I  will  do  and  perform  the  duties 

required  of  me  as  guardian  for  C  D,   orphan  of  E  F,  deceased,  or  G 

H,   idiot,  lunatic,  or  person  insane  (as  the  case  may  be,)  according  to 

the  laws  of  this  State,  to  the  best  of  my  abilities  and  understanding  ; 

Togivsbondso  help  me  God :"  and  shall  in  addition  thereto  givo  bond  and  suffi- 

an  secun  ^'^-q,-^^  sccurity  iu  a  sum  double  the  amount  of  their  wards'  estate,  in 

conformity  with  the  laws  now  in  force  in  this   State  ;f  and  the  bond 

so  taken  shall  be  so  attested  by  the  Clerk  of  the  Court  of  Ordinary  or 

Bonds  to  be  his  deputy,  whose  duty  it  shall  be  to  h  ive  the  bond  so  taken  record- 

thromce  0°  ed  in  the  Clerk's  office  of  the  Superior  Court,  J  in  the  County  in  which 

cour;^''"''it  may  be  taken,  and  filed  in  the  Clerk's  office  of  the  Court  of  Ordi- 

Clerk's  fees  nary  ,*  aud  it  shall  be  lawful  for  the  Clerk  of  the  Court  of  Ordinary 

fng.'^^^^*'^"    to  ask  and  receive  from  such  guardian,  the  same  fees  that  the  Clerk  of 

the  Superior  Court  is  entitled  to  for  recording  deeds,  &c.  for  having 

such  bond  recorded.^ 

Sec.  II.   [Yacancy  C.  C.  O.,  see  ''County  Officers,"  sec.  33.] 
Executor,         99.   Sec.  ill.     All  cxccutors,  administrators,  and  guardians  shall, 
torlnT  ^^'  from  and  after  the  passing   of  this  Act,  exhibit  their  accounts  and 
Sayexhlbit  vouchors  to  the  Clerk  of  the  Court  of  Ordinary,  at  any  time  when 
their  ac-      ^1;jq  g.^^rj  Couit   is  uot  iu  scssiou ;  and  it  shall  be  the  duty  of  such 

counts  to  the  '  J 

clerk iava-  Cictk  to  qualify  any  executor,  administrator,  or  guardian,  to  the  cor- 
whiWshaii  rcctuess  of  Said  account,  and  to  examine  such  accounts  and  vrouchers, 

be  reported 
to  the  Court. 

*  Epur  montlis,  by  Act  of  1823,  sec.  lOo. 

t  Sec  further  as  to  bond,  Act  of  1826,  sec.  1 10,  111. 

X  In  office  C.  C,  O.,  see  Act  of  1829,  sec,  120. 

§  By  Act  Oi.  18o0,  sec.  162,  all  applications  for  letters  of  guardianship  must  be  made 
and  publisiied  30  days  before  the  Court.  See  also  sec.  163,  allowing  the  Clerk  to  qualiiy 
and  take  bond  m  vacation,. 

(1.)  A  cbiiniant  under  an  admihistrator's  deed  must  show  thatthe  Statute  requisitions  have 
been  comphedwith.  The  recitals  in  the  deed  are  evidence  4  Gci.  118.  8  Ga.  237.  ^The  or- 
der of  the  Court  granting  leave  is  a  judgment  of  a  Court  of  competent  jurisdiction,  and  cannot 
be  attacked  on  a  claim  interposed,  by  showing  that  the  land  had  been  divided  without  admin- 
istration and  no  debts  to  pay.  7  Ga.o-59.  A  bond  for  titles  by  administrator  in  contempla- 
tion of  sale,  is  void,  being  contrary  to  the  policy  cf  the  law.    Loyan  vs.  Gigley,  9  Ga. 


EX'RS,  ADM'RS,  (fcc— Ex'rs,  Adm'rs,  &c.— 1821.  321 

Clerk's  fees — Gruardians,  &c.  to  be  served  with  rule. 

and  make  a  special  report  to  the  next  Court  of  Ordinary  of  the  correct- 
ness and  reasonableness   of  such  accounts ;  upon  which  report  the 
said  Court  shall  either  pass  or  reject  such  accounts,  or  any  part  there- 
of;  and  the  said  Clerk  is  authorized  to  demand  and  receive  for  each  cierk'sfess 
account  so  examined  by  him  the  sum  of  fifty  cents,  which  sum  shall  [ngX'"'" 
be  paid  by  the  executor,  administrator,  or  guardian  exhibiting  such  ^'^unt. 
accounts  for  examination. 

Sec.   IY.     All  laws  and  parts  of  laws  heretofore  passed  which  Repealing 
militate  against  this  Act  are  hereby  repealed. 


An  Act  for  the  hetter  protect io7i  of  the  Estate  of  Orphajis,  a7id  amend- 
atory and  explanatory  of  the  second  section  of  an  Act  passed.  Feb.  18, 
1799,  and  an  Act  passed  Dec.  15,  1810,  entitled  '■'•an  Act  for  the 
more  effectually  securing  the  Probate  of  Wills^  limiting  the  time  for 
Executors  to  qualify  and  Widows  to  make  their  election,''''  and  for 
other  purposes  therein  mentioned. — Approved  Dec.  21,  1821.  Yol. 
IY.  205. 

Whereas^  doubts  have  arisen  in  the  construction  of  the  before  re-  preamble, 
cited  Acts  as  to  the  power  of  Courts  of  Ordinary  to  remove  execu- 
tors, administrators  and  guardians  from  their  respective  trusts,  where 
the  authority  has  not  been  expressly  given,  to  the  injury  of  the  es- 
tates of  orphans  and  the  delay  of  justice  ;  for  remedy  whereof, 

100.   Sec.   I.      Be  it  enacted^  That  from  and  after   the  passage  of  Guardians, 
this  Act,  when  such  Court  shall  know  or  be  informed  that  any  such  adSsS^"^ 
guardian,  executor,  or  administrator  shall  waste  or  in  any  manner  JJ^^^^'^g^^J^^ig  .  . 

mismanasfe  the    estate  of  such  orphan  or  deceased  person,  or  does '":i"ag«  any 

~  r  I  /  estate   &c. 

not  take  due  care  of  the  education  and  maintenance  of  such  orphan  to  be  served  ->! 

[or  deceased  person*]  according  to  his,  her  or  their  circumstances;^^'  lame. 
or  where  such  guardian,   executor,  or  administrator,  or  his,  her,  or 
their  securities  are  likely  to  become  insolvent ;  or  where  such  exec- 
utor, administrator,  or  guardian  shall  fail  to  make  returns  within  the 
terms  prescribed  by  law,  particularly  where  no  inventory  and  ap- 
praisement shall  have  been  made  and  returned  in  terms  of  the  law ; 
said  Court  are  hereby  required  to  order  a  rule  to  be  servedf  on  such 
guardian,  executor,  or  administrator,  so  in  default,  returnable  to  the 
next  regular  term  of  said  Court  after  the  passing  of  the  same ;  and 
upon  the  return  of  said  rule  being  served,  the  Court  shall  proceed  to 
investigate  all  the  actings  and  doings  of  said  guardian,  executor,  or 
admiuistrator,  (as  the  case  may  be,)  and  may  and  are  hereby  author- Trust confid- 
ized  and  empowered  to  revoke  the  trust  confided  to  him,  her,  or  may  be  re- 
them,  or  pass  such  other  or  further  order  as  said  Court  may  think  ^"^  * 
expedient  and  fit  for  the  better  managing  and  securing  such  estate, 
and  educating  and  maintaining  such  orphan  ;  ^   and  upon  the  revoca- 

*  Evidently  a  legislative  blunder. 

fAs  to  mode  of  service,  see  Acts  20tli  and  22d  Dec.  1828,  sees.  115,  119. 

(1.)  This  remedy  is  cumulative,  and  does  not  prevent  heirs,  creditors,  &c.  from  suing  for  a 
devastavit.     1  KcUy,  78. 

41 


322  EX'RS,  ADM'RS,  &c.— Ex'rs  Adm'rs  (56c.— 1821--23. 

••I'  — — — 

Docket — Natiu'al  Guardians. 

abater* ^°  tion  of  such  letters  testamentary,  letters  of  administratorship  or  guard- 
such  revoca- ianship,  suits  by  or  aorainst  either  shall  not  for  this  cause  abate  :  but 

tion.    Scire     ,  ii-  ^     -i       r  i  .  ^      .  . 

lacias  to  the  removal  being  suggested  oi  record,  a  scire  Jacias  may  issue  to 
ce^%w-*^  make  the  successor  of  such  removed  person  a  party  at  any  thne 
^^'  after  the  appointment  and  qualification.*^ 

Docket  to  be      101.   Sec.  II.     It  shall  be  the  duty  of,  and  the  several  Clerks  of 

%Si&s\i     the  Court  of  Ordinary  of  this  State,  from  and  after  the  first  of  Jan- 

biTtc"make  uary  ucxt,  are  hereby  required  to  keep  a  regular  docket  in  bound 

rcturas.       books  of  the  uamcs  of  such  persons  as  are  liable  to  make  returns  to 

said  respective  Courts,  and  the  Justices  thereof  are  hereby  required 

to  call  the  same  regularly,  and  to  make  their  entries  therein,  as  is 

practised  by  the  Judges  of  the  Superior  Courts.f 

Penalty  on        102.   Sec.  III.     For  cach  aiid  cverv  term  after  the  time  aforcsaid, 

tJie  Clerk  for 

failing.  the  Said  Clerks  shall  fail  to  comply  with  this  Act,  they  and  each  of 
them  shall  forfeit  and  pay  the  sum  of  thirty  dollars,  the  one  half  for 
the  use  of  the  County  academy  where  such  forfeiture  may  occur, 
and  the  other  to  the  informers. 


An  Act  more  effectually  to  secure  the  property  of  Minors  against  the 
mismanagement  of  their  natural  Guardians^  by  requiring  Bo?id 
and  Security  as  in  other  cases  of  Guardianship  of  such  Guard- 
ian.—Aj)pYOYed  Dec.  22,  1823.     Vol.  IV.  212. 

Natural  103.     From  and  immediately  after  the  passage  of  this  Act,  when- 

l^v^bond  *^  6ver  any  property  shall  descend  to  any  child  or  children,  whose  father 
aud  security  qj.  jnothcr  shall  bc  in  life,  either  by  virtue  of  the  Act  of  distributiorL 

t^en  any  i        i  - 

P%tTty       Of  of  any  will,  deed,  or  aifit,  such  child  or  children  shall  be  consid- 

sbail  be  ac-  . 

quired  by  the  ered  orphaiis,  so  far  as  to  authorize  the  Court  of  Ordinary,  executor, 
^^"'^'  or  administrator,  or  trustee,  as  the  case  may  be,  to  withhold  such 

property  from  such  natural  guardian  until  a  reasonable  security  be 
given,  to  be  judged  of  by  the  Court  of  Ordinary,  for  the  faithful  per- 
On  failure,   formaucc  of  Said  trust  f  and  provided  further,  that  if  such  natural 
app^intsome  guardiaii  shall  fail  or  refuse  to  give  such  bond  and  security,  then  and 
one  else.      jj-^  ^i^g^^  qq^^q  gg^j^^  Court  may  appoint  some  other  fit  and  suitable  per- 
son to  act  as  such,  first  compelling  such  person  to  give  good  and  sub- 
stantial security,  as  is  now  required  in  other  cases  of  guardianship. 


A7i  Act  to  make  valid,  binding,  and  legal  all  bunds  given  in  this  St(tte 
by  Administrators  a7id  Guardians,  payable  to  eke  Court  of  Ordi- 
nary, members  of  the  Inferior  Court,  Judges  of  the  Inferior  Court, 

♦Same  provision,  Act  of  1810,  sec,  92.     As  to  making  executors  and  administrators 
parties  generally,  see  "  Judiciary,"  sec.  71  ;  see  also  Act  of  1828,  sec.  114  of  this  title. 
fSee  Act  of  1799,  sec.  74. 

(1.)  Guardian  ad  litem  may  still  be  appointed  in  Equity.  2  Kelhj,  73.  Where  the  probate 
of  a  will  is  revoked,  and  letters  of  administration  granted,  the  administrator  cannot,  under 
this  or  any  other  Statute,  be  made  a  party  to  a  suit  pending  against  the  executors.    6  Ga.  21, 

(2.)  Until  such  security  giyen,  the  mother,  as  natural  guardian,  has  as  control  over  the  at? 
tate  of  he:  ch'ldran.     6  Ga.  401. 


EX'RS,  ADM'RS,  &c.— Ex'rs,  Adm'rs,  &c.— 1825-'26.  323 

Bonds  legalized — Sale  of  real  estate. 

Justices  of  the  Court  of  Ordinary  ^  andJuslices  of  the  Inferior  Court 
sitting  for  ordinary  jmrposes  in  any  County  in  this  State. — Ap- 
proved Dec.  17,  1825.     Vol.  lY.  215. 

104.  All  bonds  or  other  instruments  in  writing,  heretofore  given  Bonds  in  va- 
in order  to  secure  the  faithful  administration  of  any  testate  or  intes- """oim "r 
tate's  estate,  or  executors,  or  the  guardianship  of  the  person  and  [,e7d  v2d 
property,  or  the  person  or  property  of  any  minor  or  minors,  or  insane 
person  or  persons,  orphan  or  orphans,  made  payable  to  the  Court  of 
Ordinary,  Justices  of  the  Court  of  Ordinary,  members  of  the  Court 
pf  Ordinary,  members  of  the  Inferior  Court,  Judges  of  the  Court  of 
^Ordinary,  Judges  of  the  Inferior  Court,  or  Justices  of  the  Inferior 
Court,  sitting  for  ordinary  purposes,  in  any  County  in  this  State,  not 
heretofore  the  subjects  of  adjudication,  or  not  now  under  adjudication 
before  any  judicial  tribunal  having  competent  authority,  be,  and  the 
said  bonds  and  instruments  so  given  as  aforesaid,  are  declared  bind- 
ing, legal,  and  valid  in  any  Court  of  Law  and  Equity  in  this  State 
having  cognizance  of  the  same,  against  such  administrator  or  admin- 
istrators, or  executors,  guardian  or  guardians,  and  his  or  their  security 
or  securities;  and  that  in  all  cases  not  adjudicated  as  aforesaid,  the 
said  Courts,  Justices,  members  or  Judges  shall  be  held,  deemed,  and 
considered  legal  obligees  to  such  bonds.* 


An  Act  to  alter  arid  ainend  the  first  scctio7i  of  an  Act  entitled  an  Act 
to  alter  and  amend  the  twelfth  section  of  an  Act  to  protect  the  Es- 
tates of  Orphans.,  and  Mo  make  pftrm^anent  pr(wision  for  the  Poor, 
assented  to  the  ISth  of  December^  1816. — Auproved  Dec.  23,  1826. 
Vol.  IV.  216. 

105.  It  shall  and  may  be  lawful  for  the  Inferior  Courts  in  the  se- courts  of  @r- 
veral   Counties  of  this  State,  \vhen  sitting  for  ordinary  purposes,  to  Jjj|!p7t™/^ 
order  a  sale  of  such  part  or  the  whole  of  the  real  estate  of  every  ^=^1''/'^'^'^^^ 

^  J   estates. 

testator  or  intesi  ate,  on  application  of  the  executor,  executors,  executrix, 
Mdministrator,  administrators  or  administratrix,  guardian  or  guardians, 
which  shall  be  at  public  auction,  and  on  the  first  Tuesday  of  the 
month,  between  the  usual  hours  of  sale,  at  the  place  of  ])ublic  sales 
in  the  County  where  such  real  estate  may  lie,f  first  giving  sixty  days'  sixty  days' 
notice  thereof  in  one  of  the  gazettes  of  this  State,  and  at  the  door"aie 


notice  of  the 


of  the  Court-house  in  the  County  where  such  sales  are  to  be  held  ; 
where  it  is  made  fully  and  plainly  appear  that  the  same  will  be  for 
the  benefit  of  the  heirs  and  creditors  of  such  estate  ;  Provided,  that  ^  "^*'"*!'. 

•'  '  notice  of  the 

a  notice  of  such  application  for  sale  be  first  made  known  in  one  of  application. 
the  gazettes  of  this  State,  at  least  f^ur  months  before  any  order  ab- 
solute shall  be  made  thereupon. 

Sec.  II.     All  laws  or  parts  of  laws  militatinsr  against  this  Act  aepeaiing 

,  -,  ,     -,  ^  ^       ^  clause. 

axe  hereby  repealed. 

Whereas  J  doubts  have  arisen  whether  an  administrator  can  manage 

♦Extended  to  all  future  bonds  by  A.Q.t  of  iS-il,  sec.  138. 

fAs  to  lands  divided  by  County  linr;«,  see  Act  ol  131-5,  8cc.  VA. 


324  EX'RS,  ADM'RS,  &c.— Ex'rs,  Adm'rs,  &c.— 1826. 

Discretion  of  Admiiiistrcator — Dismission,  of  Guardian — Guardian's  bond. 

Preamble  to  ail  estate  by  keeping  the  property  together,  and  working  the  same 
tion."    "^    for  the  interest  of  said  estate,  and  the  administrators  are  under  the 
law  compelled  to  rent  or  hire  out  the  property ;  for  remedy  whereof^ 
Intestate  es-      106.   Sec.   III.      Be  it  cnactcd.   That  from  and  after  the  passing  of 
manVgS^at^  this  Act,  that  iutestatos'  estates  may  be  so  managed  as  shall,  in  the 
tkf/ofthe    discretion  of  the  administrator,  under  the  direction  of  the  Inferior 
adrainistra-  Qourt  sitting  for  Ordinary  purposes,  be  deemed  most  advantageous 
In  case  of     for  Said  cstatc  ;*  and  that  in  all   cases  where  any  of  the   parties  in 
ment,  what  interest  shall  make  known  to  the  Court  that  the  administrator  is  mis- 
managing any  estate,  said  Court  shall  immediately  appoint  three  or 
more  proper  persons,  who  shall  inquire  into  the  situation  of  said  estate, 
and  report  their  decision  to  the  next  Court,  who  shall  make  such 
order  thereon  as  shall  be  deemed  most  to  the  interest  of  said  estate. 


An  Act  to   amend  an  Act  for  the  better  protcctioii  and  security  of 
Orphans  and  their  Estates^  passed  on  the  iSth  dny  of  February y 
1799._ Approved 20,  1826.     Vol.  lY.  217. 

mi^norsl^rn-*^       107.  From  aud  after  the  passage  of  this  Act,  if  any  guardian  he re- 
&c"  howTo"'^  tofore  appointed,  or  hereafter  to  be  appointed  to  any  minor  or  minors, 
Jjgjji^gojy''^  insane  person  or  lunatic,  should  be  desirous  of  obtaining  letters  dis- 
missory  from  such  guardianship,  it  shall  and  may  be  lawful  for  such 
guardian  to  apply  to  the  Court  of  Ordinary  whence  his  letters  issued, 
'and  obtain  an  order  nisi^  requiring  all  persons  concerned  to  appear  at 
the   next  term  of  said  Court,  to   show  cause  why  he,  she,  or  they 
should  not  be  dismissed  from  said  guardianship.f 
be^VbUshed      108-   ^E^-  1^-     It  shall  be  the  duty  of  any  guardian,  so  obtaining 
40  days.       such  Order  nisi^  to  publish  the  same  for  forty  days  in  one  or  more  of 
the  public  gazettes  of  this  State,  having  the  most  extensive  circula- 
tion in  the    County  where    the  application  is  made ;  and  when   it 
shall  be  shoAvn  to  the  Court  that  such  publication  has  been  made,  it 
shall  be  the  duty  of  said  Court   strictly  to  examine  the  returns,  ac- 
counts, and  vouchers  of  such  guardian,  and  take  such  further  order, 
or  grant  letters  dismissory,  as  the  circumstances  of  the  case  may  re- 
quire. 

109.  Sec.  III.     Whenever  it   shall  be  found  that   any  guardian 
Aontwhh    applying  to  be  dismissed  under  the  provisions  of  this  Act,  shall  have  _ 
&c.'oft'iir^'  in  his  or  her  hands  any  money,  property,  or  effects  belonging  to  his 
ward  in  the  qj.  ]^gj.  Ward  or  wards,  the   same  shall  be  delivered  to  the  Court  of 

hands  of  the  ". 

guardian.  Ordinary,  who,  by  their  Clerk,  or  such  other  person  as  the  Court  may 
deem  proper,  willing  to  accept  the  same,  shall  take  charge  thereof, 
and  manage  the  same  for  the  benefit  of  such  minor,  lunatic,  or  in- 
sane person,  until  the  appointment  of  another  guardian.  J 

110.  Sec.  IY.     Y/henever  it  shall  become  necessary  for  any  Clerk 
if'^*uardS)'  ^^  ^^^  Court  of  Ordinary  to  take  upon  himself  the  duty  of  guardian 

to  give  bond. 

*Additional  compensation  allowed  in  such  cases  by  Act  of  1847,  sec.  157. 
fDiscliarge  not  final  as  to  minors,  see  Act  of  1850,  sec.  165. 
JBut  see  Act  of  1340,  sec.  137. 


EX'RS,  ADM^RS,  fcc— Ex'rs,  Adm'rs,  &c.— 1826-'27.  3^5 

Illegitimates — Real  estate  of  minors,  idiots,  &c. 

as  aforesaid,  he  shall  give  bond  and  security  for  the  faithful  discharge 
of  his  duty  as  in  ordinary  cases  of  guardianship. 

111.  Sec.  V.     After  the  passing  of  this  Act,  it  shall  be  the  duty  G»ardian's 
of  the  Court  of  Ordinary  to  require  of  all  guardians   good  and  suffi-  in  double 
cient  security  for  the  faithful  discharge  of  their  duty  as  guardians,^  in  property?^* 
a  sum  double  the  supposed  value  of  the  property  belonging  to  said 

ward  or  wards,  payable  to  the  Inferior  Court   sitting  as  a  Court  of 
Ordinary. 

A71  Act  to  authorize  the  Court  of  Ordinary  i?i  the  different  Cou7ities 
iti  this  State  to  grant  and  issue  Letters  of  Guardia7is hip  upon  the 
piersons  afid  property  of  Illegitimate   Children. — Approved  Dec. 
18,  1827.     Yol.  IV.  219. 

112.  From  and  immediately  after  the  passage  of  this  Act,   iHegiti- ^'J^''^/?,"', 
mate  children  shall  be  placed  upon  the  same  footing  with  orphans,  so  gitimate 
far  as  to  authorize  and  empower  the  different  Courts   of  Ordinary 
within  this  State  to   confide  the  management  of  their  persons  and 
property  to  guardians,  in  all  cases  where  the  said  Courts  may  deem 

it  necessary  :  any  law,  usage,  or  custom   to  the  contrary  notwith- 
standing. 


An  Act  to  alter  and  amejid  an  Act  entitled  an  Act  to  alter  and  amend 
an  Act  to  alter  and  amend  the  twelftli  section  of  an  Act  to  protect 
the  Estates  of  Orphans,  and  to  "tnake  permLnie7it  provisio7i  for 
the  Poor,  passed  December  16,  1811. — xlpproved  Dec.  21,  1827, 
Vol.  IV.  219. 

113.  Whereas,  by  the  above  recited  Acts  the  power  is  vested  in  Preamble, 
the  Inferior  Courts  of  the  several  Counties  of  this  State,  when  sit- 
ting  for  ordinary  purposes,  to  order  the  sale  of  the  real  estate  of  tes- 
tators or  intestates,  upon  application  of  executors,  guardians,  or 
administrators,  for  the  benefit  of  the  heirs  and  creditors,  no  power  is 
given  to  said  Courts  to  order  the  sale  of  any  real  estate  belonging  to 
orphans  other  than  such  as  is  acquired  by  them  from  their  testator  or 
intestate,  by  reason  of  which  frequent  and  manifest  injury  is  sustained 
by  orphans  and  others  holding  real  estate  other  than  such  as  is  ac- 
quired by  descent ;  for  remedy  whereof. 

Be  it  enacted.  That  from  and  after  the  passing   of  this  Act,  the  coimsofor- 
Justices  of  the  Inferior  Courts  in  the  several  Counties  in  this  State,  oJShT*^ 
when  sitting  for  ordinary  purposes,  shall  be  authorized  to  order  a  »ale  eslates'^^f  or- 
of  any  part,  or  the  whole  of  the  real  estate  of  any  orphan  or  orphans,  JjJnaj'J^.g'^iJc*. 
lunatic  or  idiot,  illegitimate  or  illegitimates,"*  upon  application  of  the 
executor  or  executors,  or  executrix,  administrator  or  administrators,  or 
administratrix,  guardian  or  guardians,where  it  is  fully  and  plainly  [made 
to]  appear  that  the  same  will  be  for  the  benefit  of  such  orphan  or  or- 

*In  case  of  non-resident  wards,  see  Act  of  1837,  sec.  133. 

(1.)  Proof  of  the  bare  reception  of  money  is  no  breach  of  the  bond.    6  Ga.  303, 


326  EX'RS,  ADM'RS,  &c.~Ex'rs,  Adm'rs,  &c.— 1828. 

Pai-ties — Service  of  rules. 

phans,  idiot  or  lunatic,  illegitimate  or  illegitimates,  under  the  same 
rules  and  restrictions  as  are  by  law  pointed  out  for  the  sale  of  real  es- 
tates of  testators  or  intestates. 

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


An  Act  to  authorize  and  require  administrators  de  bonis  non  on  ths 
estate  of  deceased  Administrators  to  be  brought  in  by  scire  facias  ajid 
made  defendants  :  also  to  prescribe  the  mode  (f  effecting  service  (f  orders 
of  Court  talicn  agai7ist  Executors,  Administrators ^  or  Guaidians,  who 
are  alleged,  to  be  mismanaging  the  estates  they  respectively  represent. 
Approved  20th  Dec.  1828.     Yol.  lY.  223.  *  ^ 

Adm'rs  "  de  114.  From  and  after  the  passing  of  this  Act,  it  shall  and  may  be 
tobe  made  l^wful  iu  all  suits,  either  in  Law  or  Equity,  brought  against  a  former 
parties  by     admluistrator  on  whose  decease,  letters  of  administration  de  bonis  non 

scire  facias.  ,  .      \,      .  -,  it-- 

maybe  granted,  to  issue  a  scire  facias  to  make  such  admmistrator  a 

party  at  any  time  after  the  granting  of  such  letters  of  administration 

de  bonis  von. 

Penice  of?       115.   Sec.  II.     In  all  cascs  whcrc  ail  executor,  administrator,  or 

Smo?"ad-  guardian  is  alleged  to  be  mismanaging  the  estate  which  they  may 

o""uardians'  respectively  represent,  and  the  Court  shall  pass    an   order   requiring 

for  misman-  such  cxccutor,  administrator,  or  guardian  to  show  cause  why  such 

executor,  administrator,  or  guardian  should  not  be  compelled  to  give 

security  for  [or]  such  executorship,  administration,  or  guardianship 

[be]  revoked,  it  shall  and  maybe  lawful  for  the  Sheriff  of  the  County 

to  effect  service  of  a  copy  of  such  order  personally  on  said  executor, 

administrator,  or  guardian,  as  the  case  may  be,  at  least  twenty  days  bo^ 

fore  the  sitting  of  the  Court  at  which  it  is  made  returnable. 

How,  when       116.   Sec.   III.     In  all  such  cascs  above  alludcd  to,  whcu  the  party 

removS  or^  against  whom  the  said  order  shall  be  taken,  shall  remove  out  of  the 

absconds,     linijts  of  the  Couuty  or  State,  or  absconds  or  conceals  himself,  or 

stands  in  defiance  of  a  peace  officer,  it  shall  and  may  be  lawful  on 

the  return  of  the  fact  by  the  Sheriff,  to  cause  a  publication  of  said 

order  of  Court  to  appear  in  some  one  of  the  public  gazettes  ot  this 

State  at  least  three  times,  and  such  publication  shall  be  deemed  an 

equivalent  to  such  personal  service.* 

ReiKyaiiBg        Sec.  IY.     All  laws  or  parts  of  laws  militating  against  this  Act  are 

clau8«.  1111 

hereby  repealed. 


An  Act  to  amend  an  Act  entitled  an  Act  for  the  better  protection  of 
orpha7is  and  their  estates^  passed  on  the  ISth  day  of  Feb.    1799. 
Approved  22d  Dec.  1828.     Yol.  IY.  223. 

Preamble.  117.  Whcrcas^  doubts  havc  been  entertained  whether  an  execu- 
tor is  entitled  to  any  beneficial  interest  in  his  testator's  estate  other 
than  the  commissions  now  allowed  by  law  for  his  care  and  trouble  iu 
the  management  of  said  estate  ;  wherefore, 

♦See  next  Act  for  provision  on  same  subject,  sec.  119. 

LAW  LIBRARY 

UNIVERSITY  DF  GEDRGI/f 


EX'RS,  ADM'RS,  &e.— Ex'rs,  Ad'mrs,  &c.— 1828-'29.  327 

Executor's  interest  under  a  Avill — Abatement  of  letters — Kecords  of  bonds. 
___ — . — __ —  iijj 

Bo  it  oiacted,  That  no  executor  or  executors  m  this  State  shall,  n^fj^enpjjjjal 
either  at  Law  or  in  Equity,  be  entitled  to  any  beneficial  interest  un-  interest  im- 

der  a  will 

der  and  by  virtue  of  the  will  or  testament  of  their  testator,  [except]*  not  express- 
not  therein  expressly  mentioned,  except  their  commissions  as  now  ed  "except" 
allowed  by  law,  but  they  shall  hold  their  residuum  or  undevised  real  g/on^"^"^*^ 
or  personal  estate  as  a  trustee  for  the  distributees  or  next  of  kin  of 
their  deceased  testator  or  testatrix. 

118.  Sec.  II.     If  any  widow  or   /ewe  5o/e,  after  obtaining  letters  Letters  of  a 
testamentary  of  administration  or  of  guardianship,  shall  marry,  the  &c.  abate  on 
letters  so  granted  shall  abate  during  the  coverture,  but'  ihe   husband  ^*^^' "*""^^® 
may  be  entitled  to  such  letters  upon  his  giving  bond  and  security  and 
taking  the  oath  required  by  law,  or  the   Court  of  Ordinary  may  in 

their  discretion  grant  the  same  to  any  other  person  entitled  thereto, 
according  to  the  laws  of  this  State. f 

119.  Sec.  III.     When  the  Justices  of  the  Inferior  Court  or  Courts  service  ot 

r  r^     T  in  •  i  •    •  ■  !••        fules  on  ex- 

of  Ordinary,  shall  or  may  issue  a  rule  7iisi  against  executors,  admmis-  ecutors,ad- 
trators,  or  guardians,  a  personal  service  by  the  Sheriif  or  his  deputy,  "rgiardians'. 
or  a  copy  of  the  rule  shall  be  left  by  him  at  the  executor's,  adminis- 
trator's, or  guardian's  notorious  place  of  abode,  which  shall  be  deem- 
ed a  legal  service  ;  and  the  Justices  of  the  Inferior  Court  or  Court  of 
Ordinary  shall  proceed  to  decide  the  cause  as  if  a  personal  service 
had  been  effected  ;  and  in  case  the  party  should  have  removed  with- 
out the  jurisdiction  of  the  Court,  then  a  publication  in  one  of  the 
newspapers  nearest  his  former  place  of  residence,  once  a  week  for 
three  weeks  shall  be  deemed  a  sufficient  and  legal  notice.  J 


9 

Afi  Act  to  require  the  Clerks  of  the  Court  oj  Ordiiiary  of  the  several 
Counties  of  this  State,  to  record  in  their  offices  all  Guardians^  and 
Administrators'  bonds. — Approved  18th  Dec.  1829.    Yol.  IV.  115. 

120.     From  and  after  the  passaare  of  this  Act,  it  shall  be  the  duty  Guardians; 

rlTl(i    rirllTllTllS  - 

of  the  Clerks  of  the  Court  of  Ordinary  of  the  several  Counties  of  this  trators' 
State  to  record,  in  a  book  to  be  kept  for  that  purpose,  all  guardians'  rec"orded. 
and  administrators'  bonds  taken  before  the  Court  of  Ordinary  of  their 
several  Counties,  within  six  days  after  the  same  is  executed. § 

Sec.  II.     All  laws  and  parts  of  laws  militating  against  this  Act  are  ^,®p^j^""» 
hereby  repealed. 


An  Act  in  addition  to  the  Acts  coriceniing  the  guardianship  of  minors. 
Approved  Dec.  19th,  1829.     Vol.  IV.  229. 

121.      Whereas,  injury  sometimes  results  to  slaves  and  plantations  Pr<"^Me. 
belonging  to  minors,  from  the  practice  of  hiring  and  renting  them 
indiscriminately  to  the  highest  bidder ;  and  whereas^   it  may  some- 

*  Mistake  in  enrolling. 
fSee  Act  ofl839,  sec.  136. 
JSee  previous  Act,  sees.  115,  116, 

§By  Act  of  1792,  sec.  68,  the  administrator's  bond,  and  by  Act  of  1820,  sec.  98,  the 
guardian's  bond,  are  re  ]^uired  to  be  recorded  by  the  Clerk  of  the  Superior  Court. 


32S EX'RS,  ADM'RS,  &c.— Ex-rs,  Admrs,&c.— 1829. 

Minor's  estates — Guardian's  accounts — Sale  of  slaves. 

times  be  desirable  to  keep  such  slaves  together,  and  have  them  work- 
ed for  the  benefit  of  said  minors ; 
Guardians         Be  it   therefore    enacted.  That  guardians  may  exercise,  under  an 
skves'pub"*  order  of  the  Inferior  Court  sitting  for  ordinary  purposes,  a  sound  dis* 
Tateiy!^""   cretiou  in  hiring  slares  under  their  control,  either  publicly  or  private- 
ly, as  may  be  most  conducive  to  the  safety  and  comfort  of  the  slaves, 
and  the  permanent  interest  of  the  owners. 
Or  may  keep      122.   Sec.  II.     lu  cascs  iu  whicli  it  mav  manifestly  comport  with 

tiieiQ  to^etii-  ' 

er.      ''      the  safety  and  comfort  of  the  slaves  and  the  interest  of  the  minors, 

the  guardians  may  keep  them  together,  and  have  them  employed  in 

such    agricultural    or    other    operations  as  said  guardians  may  deem 

manifestly  expedient,  under  a  like  order  of  said  Court. 

And  may  V2Z.   Sec.  III.     AVhcu  it  may  be  manifestly  expedient,  guardians 

purchSor  ^^y  cause  plantations,  or  any  part  of  them,  belonging  to  minors,  to 

rent  land,     \yQ  managed  and  cultivated  for  their  benefit  :*  and  when  minors  may 

v\-ith  leave  i  ^  i       />  r*  ' 

<tfCourt.      not  be  possessed  of  lands  for  cultivation,  their  guardians  m.ay  apply 
such  portion  of  their  disposable  funds  as  may  properly  be   applied  to 
that  purpose,  to  the  purchase  of  such  reasonable  portion  of  land  as 
may  be  necessary  for  the  purposes  of  this  Act,^  or  they  may,  if  ex- 
pedient, rent  lands  for  the  same  purpose,  unJer  a  like  order  of  said 
Court. 
Guardians  to      124.   Sec.  IY.     Guardiaus  shall  keep  regular  accounts  of  receipts 
tu^mr^e^ilr  and  expenditures  in  the  discharge  of  their  duties  under  this  Act,  and 
accounts,     jjjjjke  regular  returns  to  the  Justices  of  the  Inferior  Courts  sitting  for 
ordinary  purposes,  as  required  by  the  laws  which  now  are  or  hereaf- 
ter may  be  in  force  for  the  government  of  guardians. 

An  Act  to  authoi^ize  the  Inferior   Courts  of  this  State,  ichen  sitting 
for   ordinary  purposes,  to  order  the  sale  of  any  slave  or  slaves  be- 
lons;ing  to  the  estates  oj  testators,  or  intestates^  or  wards. — Approv- 
ed Dec.  21,  1829.     Yol.  IY.  227. 

TheC'tsof       125.     It  shall   and   may   be  lawful  for  the  Inferior  Courts  of  the 
JJr^'j^J^JJg"  several  Counties  in  this  State,  when  sitting  for  ordinary  purposes,  to 
of  slaves,     order  the  sale  of  any  slave  or  slaves  belonging  to  the  estate  of  any 
testator  or  intestate,  or  ward,  on  the  application  of  the  e.iecutor    or 
executors,    or    executrix,  ^     administrator,     administrators,     admin- 
istratrix, or  guardian  or  guardians,  which  shall  be  at  public  auction, 
wkich  shall  ^^^'^  on  the  first  Tuesday  of  the  month,  between  the  usual  hours  of 
be  im  the  1st  sale,  at  the  place  of  public  sales  in  the  County  where  the  letters  tes- 

Tuesdav  in  '  /^      i       •  ■  t  •  i  i  i 

the  month,  tamcutary,  of  admmistration,  or  guardianship  may  have  been  granted, 
Tobe  adver- gi'^^i^^-g"  sixty  days"  notice  thereof  in  one  of  the  gazettes  of  this  State, 
tisedfiodays.  aj^(j  at  the  door  of  the  Court  house  of  the  County  where  such  sales 

*In.  such  cases,  additional  compensation  allowed  by  Act  of  1847,  sec.  157. 

(1.)  The  Court  of  Ordinary   authorizing  the  purchase  of  land,  its  order  cannot  be  invalidat- 
ed in  any  other  Court,  except  for  fraud.    1  Kelly,  475. 

(2.)  Where  the  will  authorizes  a  sale,  without  specifying  the  mode,  a  private  sale  to  a  bona 
Jide  purchaser,  is  valid  without  an  order  of  Cot^rt.  1  Ibid,  328. 

The  purchaser  at  private  sale  from  an  adm'r  holds  adversely  to  the  estate.   3  Ibid^  256.  See 
8  Ga.  242. 


EX'RS,  ADM'RS,  &c.— Ex'rs,  Adm'rs,  &c.— I834-'37.  329 

Final  Receipts — Non-resident  guardian  and  ward. 

are  to  be  held,  when  it  is  made  fully  and  plainly  appear  that  the  same 
will  be  for  the  benefit  of  the  heirs  and  creditors  of  such  estate,  or  of 
the  ward  of  such  guardian  or  sruardians  ;   P?^ovided,  that  a  notice  of'^'"""*^?' 

r         1  11    1         r  1       1  •  r      %        notice  of  a]>- 

such  application  for  leave  to  sell  be  first  made  known  m  one  of  the  plication  for 
public  gazettes  of  this  State,  at  least  four  months  before  any  order  given. '  " 
absolute  shall  be  made  thereupon.* 

An  Act  to  authorize  Executors,    Adnii7iistrators  and    Guardians  to  ■ 
have  recorded^  all  receipts  showing  a  final  settlement  with  all  or 
either  of  the  heirs  and  distributees  of  the  estates  they  tnaij  repre- 
sent, and  to  regulate  their  admission  iii  evidence, — Approved  22d 
Dec.  1834.     Pam.  95. 

126.  From  and  after  the  passage  of  this  Act  it  shall  be  the  duty  Receipts  on 
of  the  Clerks  of  the  Superior  Courts  of  the  respective  Counties  in  this  mem^of  ex'r, 
State  to  record  all  receipts  showing  a  final  settlement  between  any  guardian,  to 
executor,  administrator,  or  guardian,  and  the  heirs,  wards,  or  distribu-.^^  recorded, 
tees  of  the  estate  the  said  executor,  administrator,  or  guardian  may 
represent :  Provided,  said  receipt  has  been  attested  by  two  witnesses, 

one  of  whom  must  be  a  Justice  of  the  Peace,  a  Judge  of  the  Inferior 
or  Superior  Court  in  this  State  ;  and  such  receipt,  so  recorded,  shall 
be  received  in  evidence,  without  further  proof,  in  any  of  the  Courts 
in  this  State. 

127.  Sec.  II.     Whenever  any  executor,  administrator,  or  guardian  copy,  evi- 
shall  make  it  appear  that  said  original  receipt  is  lost  or  destroyed,  and  oSai^itist. 
that  the  same  is  not  in  his,  her,  or  their  power,  custody,  or  control, 

then  a  copy  of  said  receipt,  certified  to  by  the  Clerk  where  the  original 
was  recorded,  shall  be  admissible  as  testimony  in  any  of  the  Courts 
of  Law  or  Equity  in  tliis  State. 

128.  Sec.  III.     Nothing  in  the  provisions  of  this  Act  shall  be  so  other  re- 
construed  as  to  prevent  any  executor,  administrator,  or  guardian  from  cfided"^^^^ 
giving   in   testimony  any  receipt,   after  legal  proof  of  its  execution, 
though  the  same  may  not  have  been  recorded. 

129.  Sec   IV.     The  Clerk  shall  receive  as  a  fee  for  the  recording  cierk's fee. 
of  said  receipt  the  sum  of  fifty  cents. 

An  Act  to  authorize  the  Guardians  oj  Minors  to  receive,  recover  and 
remove  from  the  State  of  Georgia,  property  belonging  to  their 
Wards,  or  to  which  they  may  be  entitled,  in  cases  where  such 
Guardians  and  Minors  both  reside  without  the  State,  arid  to  yre- 
scribe  the  mode  of  doing  the  same} — Assented  to  Dec.  25,  1837. 
Pam.  123. 

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

this  Act,  it  shall  and  may  be  lawful  for  the  guardian  of  any  minor,  ^uTrdfai'^'"'** 
child   or   children,    residing  out  of  the  State  of  Georgia,!  who  may  Jla^j'^fp^^ 

^c,  -  erty  in  this 

*bee  ante,  sec.  79.  State. 

tExtended  to  Idiots  and  Lunatics,  by  Act  of  1838,  see  this  title,  Article   Idiots   and 

Lunatics,   sec.    184.     See   sec.  172,  as  to  suits  by  foreign  executors,  administrators  and 

guardians. 

(1.)  This  Act  considered,  as  to  liability  of  securities.   6  Ga.  439.    '' 


330  EX'RS,  ADM'RS,  &c.— Ex'rs,  Adm'rs,  &c.— 1837. 

Non-residcn.t  guardian  and  ward. 

have  been  appointed  and  qualified  as  such  guardian  in  the  State  where 
such  minor  or  minors  reside,  to  ask,  demand,  receiA^e,  have  and  re- 
cover by  due  course  of  law,  from  any  executor,  administrator,  or 
guardian,  now  appointed  and  qualified,  or  that  may  hereafter  be  ap- 
pointed and  qualified,  in  the  State  of  Georgia,  any  and  all  property, 
real,  personal  or  mixed,  of  what  kind  soever,  belonging  to  said  minor, 
child  or  children,  or  to  which  they  may  be  entitled,  whether  by  gift, 
grant,  devise,  bequest  or  inheritance,  unless  the  same  be  contrary  to 
the  terms,  conditions  or  limitations  of  such  grant,  devise  or  bequest  : 
First  show-  Provided^  that  [the  guardian  of]  such  minor  [non-]  resident,  shall 
oibondanT first  exhibit  to  the  Justices  of  the  Inferior  Court,  when  sitting  for 
en'^in'his^'^"  Ordinary  purposes,  of  the  County  in  which  such  executor,  adminis- 
OTvn  State,  trator  or  resident  guardian  may  reside,  or  in  which  their  administra- 
tion or  guardianship  may  be  pending,  satisfactory  evidence  that  he 
or  she  is  such  guardian,  and  has  given  bond  and  security  to  the  pro- 
per authority  in  the  State  where  such  minor  or  minors  may  reside, 
for  the  faithful  execution  of  such  guardianship,  in  double  the  amount 
of  the  value  of  the  property  in  question,  over  and  above  the  sum  in 
which  the  said  guardian  may  be  bound  for  the  guardianship  of  proper- 
ty then  being  in  the  State  in  which  he  may  reside. 

131.   Sec.   II.     The  evidence  which  the  said  Justices  of  the  In- 

Exempiifica- ferior  Court,  sitting  for  ordinary  purposes,  shall  require  under  the 

foregoing  section  of  this  Act,  shall  be  an  exemplification  from  the 

records  of  the  Court  in  such  other  State,  wherein  such  guardianship 

was  granted,  of  all  papers  appertaining  thereto,  the  certificate  of  the 

and certifi-   Clerk  of  Said  Court  (or  Ordinary,  or  Judge  of  Probates,  where  there 

is  no  Clerk,)  setting  forth  the  sum  in  which  such  guardian  hath  given 

bond  and  security  in  that  Court,  over  and  above  the  amount  required 

by  law  for  the  guardianship  of  property  already  being  in  that  State, 

and  affirming  the  sufficiency  of  the  security  to  the  guardianship  bond, 

authenticated  agreeably  to  the  Act  of  Congress  in  such  cases  made 

and  provided,  which  shall  be  recorded  and  filed  in  the  office  of  the 

which  shall  Clcrk  of  Said  Court ;  and  upon  the  exhibition  th-ereof  to  the  said  Jus- 

bfi  rccortlcd 

'  tices,  sitting  for  ordinary  purposes,  at  a  regular  term,  and  proof  of 
Notice.        twenty    days'    notice    of  application  to  be  then  made,  having  been 
Order.         given  to  the  opposite  party,  the  said  Court  shall  pass  an  order,  requir- 
ing the  executor,  administrator,  or  resident  guardian,  so  notified,  tD 
pay  over  and  deliver  to  said  non-resident  guardian,  alli  the  property, 
real,  personal  and  mixed,  of  what  kind  soever,  to  his  ward  or  wards, 
voucher'^^  belonging  and  being  in  his  or  their  hands ;  and  a  receipt  therefor, 
with  a  schedule  thereof,  signed  by  said  non-resident  guardian,  shall 
be  delivered  to  said  executor,  administrator,  or  resident  guardian,  and 
shall    be    a   sufficient    voucher   to    the    said  Court  in  settlement  or 
final  return  ;  and  a  duplicate  of  said  receipt  and  schedule  shall  be  de- 
livered to  said  Court,  and  filed  and  recorded  in  said  office. 
He  may  also      132.   Sec.  III.     It  sliall  and  may  bs  lawful  for  Said  Court  to  en- 
^operty^'^   foi'ce  such  Order  as  provided  in  the  second  section  of  this  Act,  as  in 
other  cases ;  but  said  non-resident  guardian  may  also,  after  the  ob- 
taining of  such  order,  sue   for  and  recover  from  such   executor,  ad- 
ministrator, or  resident  guardian,  at   Law  or  in  Equity,  any  and  all 
.pich  property  not  so  delivered,  and  all  moneys  due,  wasted  or  invest- 


EX'RS,  ADM'RS,  &c.— Ex'rs,  Adm'rs,  &c.— 1837-'39.  831 

Non-resident  guardian  and  wai'd — C.  C.  O.  Administrator — Executrix  de  son  tor*. 

ed ;  and  the  said  non-resident  guardian  may  remove  to  the  State  of 
his  ward's  residence  all  the  personal  property  so  received  or  recover- 
ed.* 

133.  Sec.  IV.     The  said  Justices  of  the  Inferior  Court,  sitting  for  Real  estate 
ordinary  purposes,  may,  in  their  discretion,  order  the  sale  of  any  real  "^"^^ 
estate  by  such  non-resident  guardian,  as  in  other  cases. 

Sec.  V.  [Restricting  the  benefits  of  this  Act  to  those  States  pass- 
ing similar  ones,  repealed  by  Act  of  1838,  sec.  184,  which  also  ex- 
tends this  Act  to  guardians  of  Idiots,  Lunatics,  &c.] 

Sec.  VI.      [Repealing  clause.] 

An  Act  to  make  it  the  duty  of  the    Clerks  of  the    Cou7*t  of  Ordinary, 
of  the  several  Counties  in    this   State,  to  preserve  the  eviderice  of 
legal  notices  in  certain  cases  ;  and  in  relation    to  the  appointment 
of  Administrators  and  Guardians  in  certain  cases. — Assented  to 
Dec.  21,  1839.     Pam.  38. 

Sec.  1,  II,  IV  and  V.  [See  Article  ''  Court  of  Ordinary,"  sees. 
:'.6  to  19.] 

134.  Sec.  III.     The  provisions  of  an  Act  passed  on  the  sixteenth  p-<^- c>.."iay 

f   -i~\  -1  111  1       •  11  *  "^  appointed 

of  December,  eighteen  hundred  and  sixteen,  entitled  "an  Act  to  adm'r. 
authorize  the  several  Courts  of  Ordinary  in  this  State  to  appoint 
their  Clerks  administrators  de  bo7iis  non,  in  certain  cases,"  be,  and 
the  same  are  hereby  extended  to  all  cases  of  intestacy :  Provided 
always,  that  said  Courts  shall  not  appoint  their  Clerks  administra- 
tors, (in  the  first  instance)  until  at  least  thirty  days'  notice  of  the  Notice, 
death  and  intestacy  of  the  deceased  person,  and  that  no  person  has 
applied  for  letters  of  administration,  has  been  given  by  said  Clerk,  in 
the  nearest  public  gazette. f 

135.  Sec  VI.     In  all  cases   where  the  said    Courts  shall  appoint  Additional 
their  Clerks  administrators,  they  may  in  their  discretion  require  addi-  ^^*^""  * 
tional  security  of  said  Clerks,  for  the   faithful  administration  of  the 
estate  confided  to  them. 

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


An  Act  to  amend  and  explain  the  second  section  of  an  Act  passed 
on  the  22>d  Dec.  1828,  entitled  "  an  Act  to  ame7id  an  Act  e7itl- 
tied  an  Act^  for  the  better  protection  of  orphans  and.  their 
estates,'^''  so  far  as  relates  to  suits  against  Executrixes,  in  their  own 
wrong. — Assented  to  Dec.  21,  1839.     Pam.  139. 


ex- 


136.   Sec  I.     Beit  enacted,  That  nothino;  in  the  said    second  suits  vs.  < 

o  ecu trix  in 

section  of  said  Act   contained,    shall  be    held,  or  so  construed  as  to  her  own 
abate  any  suit  commenced  against  ^wj  feme  sole,   as  executrix  in  her  nut  "bate  on 
own  wrong,  who  may  have  married  after  the  institution  of  said  suit 


maxTiage. 

J 


♦See  Act  of  1850,  sec.  173. 

tThe  trust  continues,  though  out  of  ofRce  ;  see  Act  of  1850,  sec.   164.     May  be  ap- 
pointed guardian  ;  see  Act  of  1846,  sec.  151. 


332  EX'RS,  ADM'RS,  &c.— Ex'rs,  Adm'rs,  &c.— 1840-'41. 

Letters  Dismissory — A'^arious  bonds  legalized. 

but  upon  the  suggestion  of  said  marriage,  parties  shall  be  made,  and 
the  cause  shall  proceed  as  at  Common  Law. 


An  Act  for  the  i^elicf  of  Executors,  Adini7iistrators  and,  Guardians^ 
in  certain  cases,  and  to  prescribe  and  define  additional  duties  and 
liabilities  of  the  Clerks  of  the  several  Courts  of  Ordinary  of  this 
State. — Assented  to  Dec.  22,  1840.     Pam.  161. 

Ei'r  &c.  137.   Sec.  I.     Be  it  enacted.  That  from  and  after  the  passage   of 

maybedis-      ,    •       *  i  -,       .     .  t  i      n    i 

missed.       this  Act,  wlicu  any  executor,    admmistrator  or    guardian    shall  have 

given,  and  published  the  notice  now  required   by  law,   of  his  or  her 

application  to  the  proper  Court  for  letters  of  dismission,  from  his  or 

her  trusts  as  such  executor,    administrator   or  guardian,  and  it  shall 

appear  that  there  are  any  moneys,  in  his  or  her  hands  due  the  estate  of 

his  or  her  testator,  intestate,    or  ward,  and  no    person  claiming  the 

Retaining     sauic,  such  Court  shall  in  their  discretion,   pass  an   order  authorizing 

p'ercent.  m-  Said  cxccutor,  administrator  or  guardian,  to  retain  the  amount  in  his 

terest,         ^^  ^iQx  hauds  uutil  the  further  order  of  the  Court,  at  an  interest  not  ex- 

ormayde-    ccediug  four  per  cent,  per  annum  ;  or  requiring  him  or  her  to  deposit 

posu nem  in  g^- J  g^^^Q^^^-^^  j^  sucli  solvcut  bauk,  as  the    Court  may  direct,    subject 

to  the  order  of  the  Court ;  and  on  complying  with  the  order  of  said 

Court,  in  relation  to  such  deposit,  and  producing  a  certificate  thereof . 

from  the  proper  officer  of  such  bank',    such    executor,   adniinistrator 

or  guardian,  as  the  case  may  be,  shall  be  entitled  to  a  dismission,  as 

the  law  now  provides  ;  any  law,    usage  or   custom  to    the    contrary 

notwithstanding :  Provided,  the   said  money    so  deposited    shall,  in 

all  cases,   be  in  specie  or  its   equivalent,  at  the  option  of  the  bank, 

which  shall  be  liable  to  pay  specie  in  return. 


An  Act  to  declare  and  make  valid,  binding  and  legal  all  bonds  given, 
or  that  may  hereafter  be  given,  in  this  State,  by  Administraiors 
and  Guardia7iSy  payable  to  the  Court  of  Ordinary,  me?n be  rs  of 
the  Inferior  Court,  Judges  of  the  Inferior  Court,  Justices  of  the 
Court  of  Ordinary,  Judges  of  the  Inferior  Court  sitting  for 
ordinary  purposes,  Judges  of  the  Court  of  Ordinary,  and  Jus- 
tices of  the  Inferior  Court  sitting  for  ordinary  purposes,  in  any 
County  in  this  State. — Assented  to  Dec.  8,  1841.     Pam.  136. 

Various  138.   Sec.  I.     Be  it  enacted.  That  all  bonds  or  other  instruments 

bmldSd^exiar- 11^  Writing  herctoforc  given,  or  that  may  hereafter  be  given,  in  order 
ed  valid.  ^q  sccurc  the  faithful  administration  of  any  testate,  or  intestate's 
estate  or  estates,  or  the  guardianship  of  the  person  and  property,  oi* 
the  person  or  property  of  any  minor  or  minors,  or  insane  person  or- 
persons,  orphan  or  orphans,  made  payable  to  the  Court  of  Ordinary, 
members  of  the  Inferior  Court,  Judges  of  the  Inferior  Court,  Justices 
of  the  Court  of  Ordinary,  Judges  of  the  Inferior  Court  sitting  for 
ordinary  purposes,  Judges  of  the  Court  of  Ordinary,  or  Justices  of 
the  Inferior  Court  sitting  for  ordinary  purposes,  in  any  County  in  this 
State,  not  heretofore  the  subjects  of  adjudication,  or  not  now  under 


EX'RS,  ADM'RS,  &c.— Ex'rs,  Adm'rs,  &c.— 184S-'45.  333 

Formal  variance — Oath  of  surety  to  returns — Ex'r's  bond — Investment  of  funds  in  State  S'k. 

adjudication  before  any  judicial  tribunal  having  competent  authori- 
ty, be,  and  the  said  bonds  and  other  instruments  so  given  as  afore- 
said, or  that  may  hereafter  be  given,  are  declared  binding,  legal  and 
valid  in  any  Court  of  Law  and  Equity  in  this  State,  having  cogni- 
zance of  the  same,  against  such  administrator  or  administrators,  ex- 
ecutor or  executors,  guardian  or  guardians,  and  his,  her  or  their  secu- 
rity or  securities  ;  and  that  in  all  cases  not  adjudicated  as  aforesaid, 
the  said  Courts,  Justices,  members  or  Judges,  shall  be  held,  deemed 
and  considered  legal  obligors  [obligees]  to  such  bond. 

139.  Sec.  II.  No  formal  variance  in  any  part  of  the  aforesaid  Formal  van- 
bonds  or  other  instruments  that  have  been,  or  may  be  given,  shall  in  nonitiate. 
anywise  impair  or  destroy  the  validity  thereof;  but  each  and  every 
of  the  said  .bonds  or  other  instruments  that  have  been,  or  may  here- 
after be  given,  shall  be  construed  according  to  the  true  intent  and 
meaning  thereof ,  any  law,  usage  or  custom  to  the  contrary  notwith- 
standing. 


An  Act  to  amend  the  law  authorizing  Executors,  Administrators 
and  Guardians  to  make  amiual  retunn.—As^QiiieA  to  Dec.  28, 
1843.     Pam.  58. 

140.   Beit  enacted,  That  from  and  after  the  passage  of  this    Act,  oathof 
the  annual  returns  of  administrators,  executors  and  guardians  may  be  turns^i/ce*?- 
veriiied  by  the  affidavit  of  the  security  of  the  same,  when  the  said 
executor,  administrator  or  guardian  shall  reside  beyond  the   limits  of 
this  State,  any  law  to  the  contrary  notwithstanding. 


tain  cases 


An  Act  to  expldin  an  Act  passed  on  the  tenth  daij  of  December,  1812, 
entitled  an  Act  to  alter  and  amend  an  Act  for  the  more  effectually 
securing  the  probate  of  ivills,  li?mting  the  time  for  Executor,',  to 
qualify,  and  widoios  to  make  their  election,  and  for  other  pur- 
poses therein  mentioned. — Assentepl  to  Dec.  28,  1843.  Pam. 
58.  ■       ,       . 

141.     Beit  enacted,  That  nothing  in    the  second  section  of  said  Ex'r  remov- 
Act  shall  be  so  construed,  as  to  compel  executors,  who  are  not  com- ceSdings, 
pelled  by  the    existing   laws  of  this  State   to  give  security,  to   give  "iTc;  "os  '** 
such  security  upon  removing  their  proceedings  from  one  County  to  ^^^'^  ^^^^' 
another,  under,  the  provisions  ot  this  Act. 


An  Act  to  autliorize  the  investment  of  trust  funds  in  State  stocks  or 
other  State  securities,  to  provide  for  the  sale  or  disposition  thereof 
and  to  exempt  the  same  from  taxation. — Approved  Dec.  17,  1845. 
Pam.  28. 

142.   Sec.  I.     Be  it  enacted,  That  from  and  after  the  passage  of  Tm^t  funds 
this    Act,    any   executor,   executrix,    administrator,    administratrix,  Sed^n' 
guardian  or  trustee,  who  may  hold  any  trust  funds,  shall  be  author-  ^^^^  ^^*'""' 


334 EX^RS,  ADM'RS,  &c.— Ex'rs,  Adm^rs,  fcc— 1845. 

Investment  of  funds  in  State  stocks — Sale  of  certain  lands. 

ized  to  invest  the  same  in  stocks,  bonds  or  other  securities,  issued 
by  this  State.  Trovided^  that  he  or  she  shall,  within  twelve  months 
thereafter,  make  a  legal  return  thereof,  in  which  shall  be  set  forth  the 
price  paid,  the  time  when,  and  the  name  of  the  person  from  whom 
they  may  have  been  purchased. 
Funds  in  143.  Sec.  II.     It  shail  and  may  be  lawful  for  the  Superior,  Inferior, 

Court  also.    qj.  Q^^j^gj.  Courts  ofthis  State  to   authorize   the   investment   of  such 
funds  as  may  be  under  their  control,  or  in  their  custody,  and  be  the 
subject  of  litigation,  in  stocks,  bonds  or  other  securities  issued  by 
this  State,  under  such  terms  as  may  be  prescribed  in  an  order  for  tliat 
purpose. 
Stocks  may       144.   Sec.  III.     It  shall  and  may  be  la wful  for  the  Superior  Court 
be  sold.       ^£  ^^^  district  to  grant  an   order  for  the  sale  of  any   such  stocks, 
bonds  or  other  securities  as  may  be  purchased  under  the  first  section 
of  this  Act,  upon  the  application  of  the  person  making  such  invest- 
ment, when  such  sale  shall  be  necessary  to  discharge,  or  pay  in  part, 
any  claims  on  the  fund  so  invested. 
Free  from         145.   Sec.  IV.     All  investments  made  in  conformity  with  this 
Li'St"y  ofi  ^^^'  shall  be  exempt  from  taxation,  and  the  person  making  the  same 
tmstoeii.      shall  be  relieved  from  liability,  so  far  as  relates  to  the  amount  invest- 
ed, on  delivering  to  the  person  or  persons   to  whom  he  or  she  may 
be  legally  responsible,  such  stocks,  bonds  or  securities,  unless   sold 
by  order  of  Court,  and  paying  or  accounting  for  the  interest  received 
thereon. 


An  Act  to  autJiorize  Admhiistrafors.  Executors  or  Guardians  to  ex-^ 
ercise  discretion  in  selling  lands  which  inay  be  divided  by  County 
lines. — Approved  Dec.  20,  1845.     Pam.  27. 

146.  Shc.  I.  Whereas^  it  often  happens  that  a  tract  or  lot  of  land 
is  divided  by  a  County  line  passing  through  said  land,  and- under  the 
existing  laws  now  in  force  in  relation  to  administrators'  sales,  makes 
it  the  duty  of  administrators,  executors  or  guardians  to  sell  all  lands 
in  the  County  where  it  lies,  which  often  causes  unnecessary  expense 
and  trouble  ;  for  remedy  thereof. 

Be  it  enacted^  That  in  all  cases  where   any  administrator,  execu- 
edbycoun-  tor  or  guardiau,  has  land  to  sell  as  administrator,  executor  or  guard- 
bis  "i?i"/'^^  ian,  and  such  land  is  composed  of  one  lot  or  tract,  and  such  lot  or  tract 
euiier.         ^£  Vdjadi  is  divided  by  a  County  line,  then  and  in  that  case  the  admin- 
istrator, executor  or  guardian  shall  have  the  right  to  sell  said  tract  or 
lot  of  land  in  either  one  of  the   Counties,  by  advertising    it  in  the 
County  where  it  is  to  be  sold,  agreeable  to  the  law  now  in  force.* 

Sec.  II.  All  laws  or  }tirts  of  laws  militating  against  this  Act  are 
hereby  repealed. 

*  Similar  provision  as  to  Sheriff's  sales,  see  "  Judiciary,"  sec.  194. 


Land  divid- 


EX'RS,  ADM'RS,  &c.— Ex'rs,  Adm'rs,  (fee— 1845.  335 

Rights  of  Adm'r  de  bonis  noii — Mothers  as  to  guardianship — C.  C.  O.  Guardian  in  certain  cases. 

All  Act  to  he  entitled  an  Act  to  define  the  7'igkts  and  powers  of  Ad- 
ministrators ^^  de  bonis  non^ — Approved  Dec.  27,  1845.  Pam. 
15. 


nnnistnitor 
no  a 


147.   Sec.  I.     Be  it  enacted^  That  from  and  after  the  passage  of  Right  of  ad 
this  Act,  whenever  any  executor  or  administrator  may  have  heen  ^^^ 
heretofore  or  may  be  hereafter  removed,  or  depart  this  life,  chargea-  J*^^"^^'^'^ 
ble  to  tiie  estate  which  he  or  she  represented,  it  shaU  be  the  duty  of 
such  removed  executor  or  administrator,  or  the  representatives  of  such 
deceased  executor  or  administrator,  to  account  fuUy  with  the  admin- 
istrator "  de  bonis  noiC'  who  may  be  appointed  to  finish  the  adminis- 
tration of  such  estate.^ 

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


An  Act  to  give  mothers  certain  rights  in  relation  to  the  guardian- 
ship and  custody  of  their  ?ninor  childrea. — Approved  Dec.  27, 
1845.     Pam.  43. 


148.   Sec.  I.   Be  it  enacted.  That  in  all  cases  where  a  father  shall  widow 


un- 


depart  this  life,  leaving  his  widow  and  a  minor  child  or  minor  chil-  bTguardlanl 
dren  him  surviving,  without  appointing  a  testamentary  guardian  for 
his  said  minor  children,  that  the   guardianship  and  control  of  the 
persons  of  said  children  shall  vest  in  their  mother,  so   long  as  she 
eontinues  utimarried.     Provided^  that  nothing  herein  contained  shall  Dismissed 
prevent  the  Justices  of  the  Inferior  Cfeurt  from  dismissing  said  rnothcr-c^^^ 
from  her  guardianship  upon  just  cause  shown. 

149.  Sec.  II.     In  all  cases  where  a  controversy  may  arise,  on  the  on  returns 
return  to  a  habeas  corpus^  in  relation  to  the  custody  of  the  persons  corpusr^* 
of  minor  children,  the  Common  Law  rule   vestinp^  said  custody  al-  Ju*^s<='  "isy 

'  o  :  place  the 

ways  in  the  father,  shah  be  abolished ;  and  it  shall  be  within  the  ^^1"'^  ^^'i-J^ 
discretion  of  the  Judge  of  the  Superior  Courts  or  Justices  of  the  In- 
ferior Courts,  or  a  majority  of  them,  in  the  absence  of  the  Judge  of 
the  Superior  Court,  to  award  the  custody  of  said  minor  cr  minors 
either  in  the  father  or  mother,  as  may  appear  most  beneficial  to  the 
interest  of  said  children. 

150.  Sec.  III.     Widows  shall  have  the  power,  by  will,  to  ap- vvidow  may 
point  testamentary  guardians  for  such  children  as  have  no  guardian.  tTmennr^"^" 

guardian. 

All  Act  to  authorize  the  several  Courts  of  Ordinary  of  this  State  to 
appoint  their  Clerks  Guardians  in  certain  cases,  cuid  for  other 
purposes  tlierein  named. — Approved  Dec.  28,  1845.     Pam.  29. 

Whereas,  the  estates  of  minors,  idiots  and  insane  persons  are  lia- 
ble to  be  seriously  injured  and  wasted  on  account  of  the  inability  of 

(1  )  Policy  of  this  Act  doubted.  1  Kelly,  83.  He  cannot  xecoyer  goods  administered  by 
former  administrator.  3  KeU^y  '^^•j  3  Ga.  5Q,  329.  Sale  of  negroes  and  notes  taken,  is 
f^h  an  administration.    5  Ga.  56.    He  may  call  Kim  t^  an  account.    5  Ga.  56. 


3m  EX'Pv6,  ADM'RS,  &c.— Ex'rs,  Adm'rs,  &c.— 1845-^47. 

C.  C.  O.  Guardian  in  certain  cases — Interest  chargeable  vs.  Ex'rs,  &c. 

the  Courts  of  Ordinary  to  procure  for  them  guardians  who  can  give 
the  bond  and  security  required  by  law,  for  remedy  whereof, 
c. CO- may      l^l-   Be  it  e?iacted,  That  whenever  the  estate  of  any  minor,  idiot 
'^uai-dliirS^  or  insane  person  shall  be  liable  to  injury  for  the  want  of  a  legal  re- 
eertain  cases  pi-esentative,  and  the  Court  of  Ordinary  shall  be  unable  to  procure  a 
guardian  who  can  give  the  necessary  bond  and  security,  it  shall  and 
may  be  lawful  for  the  Court  of  Ordinary  in  any  County  of  this  State 
where  such  a  case  shall  arise,  by  special  order  to  appoint  their  Clerk 
guardian  of  [such]   minor,  idiot  or   insane  person.     And  the   said 
Clerk,  so   appointed,  shall  have  full  power  and  authority  to  sue  and 
defend  suits  for  the  benefit  of  the  estate  of  such  minor,  idiot  or  in- 
sane person,  and  shall  be  fully  vested  with  all  the  powers  of  a  guard- 
ian until  one  can  be  regularly  appointed  who  shall   be   able  to  give 
Evidence  ofboud  and  sccurity  according  to  law  ;*  Provided,  that  in  all  suits  in- 
appointment  g^^^^^gj  ]-,y  ^^[^  Clcrk  as  guardiau  aforesaid,  no  other  evidence  shall 
be  required  of  his  authority  to  sue  than  an  exemplified  copy  of  the 
aforesaid  special  order  of  the  Court  of  Ordinary. 
Former  ap-        152.   Sec.    IL     Whenever,   under  the   same   or  similar   circum- 
Cuzed!^^  stances  to  those  enurnerated  in  the  preamble  to  this  bill,  any  Court  of 
Ordinary  in   this  State   may   have  been   compelled  to  appoint  their 
Clerk  guardian  of  any  minor,  idiot  or  insane  person,  such  act  on  the 
part  of  such  Court  shall  be  deemed  and  held  legal  and  valid  ;  and 
all  suits  and  other  acts  which  may  have  been  instituted  and  per- 
formed by  any  such  Clerk  so  appointed,  in  managing  the  business 
of  the   estate  of  such  minor,  idiot,   or  insane   person,   be,  and  the 
same  are  hereby  legalized  and  made  valid, 
onmmis-  153.   Sec.   III.     Such  Clcrk,  when  appointed  guardian  according 

'''^'"^*         to  the  provision  of  this   Act,  shall  be   entitled  to  receive  the  same 
commissions  for  his  services  as  such,  as  are  alldwed  all  other  guard- 
ians by  tlie  laws  of  this  State. 
Optional  154.   Si:c.  IV.     It  shall  not  be  lawful  for  any  Court  of  Ordinary 

to  recdv?^'^^  to  compel  any  Clerk  to  become  guardian  as  aforesaid,  but  it  shall  be 
^I^^PP^^^t-  ^^  ^is  option.' 


Aji  Act  more  ciff'ectually  to  define  and  make  uniform  the  liability  0/ 
Guardians,  Executors,  and  Administrators,  in  regards  to  the 
interest  to  be  charged  against  them. — Approved  Dec.  29,  1847. 
Pam.  16. 

Whereas,  the  practice  in  the  several  Circuits  of  Georgia  is  differ- 
ent and  conflicting  in  regard  to  the  interest  chargeable  against  guard- 
ians, executors  and  administrators  ;  for  remedy  thereof, 
Rateofinter-      ^^^-   ^^^-   ^-     Be  it  enacted-.   That  from  and  after  the  first  day  of 
est  to  be      January,  eighteen  hundred  and  forty-eight,  the  interest  to  be  charged 
°  '      and  computed  against  guardians,  executors  and    administrators,  al- 
ready appointed  and  qualified,  on  trust  funds  in  their  hands,  shall  be 
at  and  after  the  rate  of  seven  per  cent,  per  annum  for  the  first  six 
years  thereafter,  without  compounding ;  and  after  the  expiration  of 

*Tlie  trust  continues,  tliough  out  of  office ;  see  Act  of  1850,  sec.  164, 


EX'HS,  ADM'RS,  &c.— Ex'rs,  Adm'rs,  &c.— 1S4.7.  337 

Interest  chargeable  vs.  Executors,  &c. — Additional  compensation. 

the  said  six  years  from  the   said  first  of  January,  eighteen  hundred 
and  forty-eight,  the  computation  of  interest  shall  be  at  and  after  the  cc^T/ winded 
rate  of  six  per  cent,  per  annum,  to  be  compounded  at  that  ratp  an-  afterwards, 
riually  thereafter.^ 

156.   Sec.  II.     The  rate  of  interest  to  be  charo^ed  and  computed  ^ame  rates 

-,       .     .  -,  -,.  1  r  iif'n  executors 

against  executors,  administrators  and  guardians  hereaiter  to  be  quai-  administra- 
ified  and  appointed,  shall  be  at  and  after  the  rate  of  seven  per  cent,  gu'^rdkiw 
per  annum,  without  compounding,  for  six  years  from  the   time  of  j/^f "j^"^^^^    , 
their  qualification  or  appointment ;  and  after  the  termination   of  the 
said  six   years,  the  computation  of  interest  to  be  charged  against 
them  shall  be  at  and  after  the  rate  of  six  per  cent,  per  annum,  to  be 
compounded  at  tliat  rate  annually  thereafter  ;  Provided,  that  nothing 
in  this  Act  shall  be  so  construed  as  to  prevent  executors,  administra- May  invest 
tors,  guardians  and  trustees  from  investing  funds  in  State  stock  or  stocks. 
other  State  securities,  as  provided  for  by  an  Act  of  the  last  Legisla- 
ture. 

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


An  Act  to  alloiv  additional  compensation  to  Executors,  Adniifiistra- 
tors,  Guardians  and  Trustees  in  certain  cases. — Approved  Dec. 
29,  1847.     Pam.  19. 

Whereas,  the  trust  estate  in  the  hands  of  executors,  administra- 
tors, guardians  and  trustees  is  often  in  land  and  negroes,  and  worked 
together  for  the  benefit  of  the  parties  in  interest  ;  and  whereas,  in 
such  cases  the  commissions  allowed  by  law  is  inadequate  compensa- 
tion— 

157.   Sec  I.     Be  it  enacted,  That  from  and  after  the  passage  of  yvTicrc  land 
this  Act,  in  all  cases  where  an  executor,  administrator,  guardian,  or  negroes 
trustee  shall  have  the  control  and  management  of  land  and  negroes,  di[kfnui'cfTO' 
working  them  for  the  benefit  of  the  parties  in  interest,  or  of  negroes  [J'^'y  be"3- 
which  are  hired  out  from  year  to  year,  it  shall  and  may  be  lawful  for  i^'^t^d- 
the  Court  of  Ordinary  in  the  County  where  such  executor,  administra- 
tor, guardian  and  trustee  may  reside  or  make  his  returns,  the  whole 
number  of  said  Court  concurring  therein,  to  allow  them  from  such  estate 
such  further  and  additional  compensation  as  in  the  discretion  of  said 
Court  shall  seem  iust  and  proper  ;  Provided,  always,  ihni  nothinar  ^"'^jc^t  to » © 

.         1       1      11  i   ^1  ...*''  ^  ^  contested  ai- 

in  this  Act  contained  snail  prevent  the   parties  in  interest  irom  con-  terwards. 
testing  the  reasonableness  of  such  allowance  in  any  suit  tried  in  any 
of  the  Superior  Courts  of  this  State,  under  the  same  rules  and  re- 
strictions as  now  govern  said  Superior  Courts  in  reviewing  the  action 
af  the  Court  of  Ordinary. 

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

[1  ]  Rulo  cstablislicdby  Supreme  Court  prior  to  this  Act.    6  G:i.  235.     3  Ga.  117. 

43  . 


338  EX'RS,  ADM'RS,  &c.— Ex'rs,  Adm'rs,  <S6c.— 1850. 


Sale  of  insolvent  notes,  &c. — Attorney's  fees — Citation  for  guardianship. 


An  Act  to  authorize  Executors,  and  Administrators,  and  Guar- 
dians  to  sell  at  public  outcry ,  all  notes,  bonds,  and  other  obligationSj 
and  other  evidences  oj  debt  due  the  estate  of  their  testators,  or  in- 
testates, or  wards,  that  may  be  considered  insolvent  or  doubtful  of 
collection. — -Approved  Feb.  22,  1850.     Pam.  36. 

By  consent        158.   Sec.  I.     Be  it  cnactcd,  That  from  and  after  the  passage  of 
may^sen^"^^  this  Act,  it  shall  be  lawful  for  executors,  administrators  and  guar- 
fnso^vent"^  dians  iu  this  State,  by  and  with  the  consent  of  the  Court  of  Ordina- 
notes, bonds,  ly  {r^  i]^q  Qounty  whcro  their  letters  of  administration,  or  testament- 
ary, or  letters  of  guardianship  were  granted,  to  sell  at  public  outcry  to 
the    highest  bidder,    at  the  Court  house  door  in  said  County,  on  the 
first  Tuesday  in  the    month,    and  within  the  legal  hours    of  Sheriff 
sales,  first  giving    thirty  days'  notice  thereof  in  one  of  the  public 
gazettes  of  this  State  and  at  the  Court  house  door,  and  three  of  the 
most  public  places  in  said  County  by  advertisements,  all  such  notes, 
bonds,  and  other  obligations,  and  other  evidences  of  debt,  belonging 
to  the  estate  of  their    testator  or    intestate,  or  waM,  as  may  be  con- 
sidered and    adjudged   by  said    executor  or   administrator  and  said 
Court,  as  insolvent  or  doubtful. 
Return  and        159.    Sec.    II.     The    rotuHi  to    tlic    Court   of  Ordinary   of  the 
vcucber.      amouut    for  which   said  notes,  bonds,   or  obligations  and  other  evi- 
dences of  debt,  was  so  sold,  and  accounting  for  the  same,  shall  be  a 
full  discharge    of  all   liability  of  the  executor,    or   administrator,  or 
guardian,  for  said  notes,  bonds,  obligations,    and    other   evidences  of 
debt:  Provided,  the  same  was  fairly  and  bona  fide  sold,  and  provid- 
Mustnotbe  ed   further,  that  such  executor,    administrator,  or  guardian  shall  not 
pure  A&er.    |^^  either  directly  or  indirectly  interested  in  such  purchase. 
Attorney's        160.   Sec.  III.     All  cxccutors,  administrators  and  guardiaus  sliall 
leSion  of^   have  full  power  and  authority  in  the  collection  of  claims   belonging 
claims.        ^q  ^|^g  tcstator  or  intestate,  or  the  ward,    to   pay  such  fee    or  reward 
'    therefor,  as  the  Court    of  Ordinary    or  Superior  Court  by  order  may 
allow,  to  be  retained  out  of  any    funds  in  his,    her  or  their  hands  re- 
spectively ;  any  law,  usage  or  custom  to  the  contrary  notwithstand- 
ing. • 


An  Act  to  amend  the  laws  relating   to    Guardians,    ExeciLtors  and 
Administrators. — Approved  Feb.  22,  1850.     Pam.  37.^ 

Notice  Clap-  161.  Sec.  I.  Be  it  euacted,  From  and  after  the  passage  of 
^wdian-^"^  this  Act,  all  persons  desiring  to  take  the  guardianship  of  any  child 
ship.  or  children  under  the   age  of  fourteen   years,   other  than  his  or  her 

own  children,  shall  make  application  to  the  Clerk  of  the  Court  of 
Ordinary,  who  shall  cause  a  citation  to  be  published  in  some  'public 
30  days,  gazette  of  this  State  at  least  thirty  days  before  such  letters  shall  be 
granted  :  FrovidedyXh.'aX  the  Court  to  whom  such  a,pplication  may 
be  made  shall  have  the  power,  after  the  expiration  of  said  notice,  to 
grant  such  letters  of  guardianship  either  to  the  applicant,  or  to  such 
other  persons  as  in  the  discretion  of  said  Court  may  be  proper. 


EX'RS,  ADM'RS,  &c.~Ex'rs,  Adm'rs,  &c.~1850.  339 

Qualification  in  vacation — C'k,  G'n,  or  Adm'r — I.etters  of  Dismission — Kemoval  of  proceedings. 

162.  Sec.  II.     The  Clerks  of  the  Courts  of  Ordinary,  of  the  sev- cierk's  fees. 
eral  Counties  of  this  iState,  shall    receive  for  their  fees  the    same  as 

are  allowed  by  law  in  case  of  applications  for  letters  of  administra- 
tion. 

163.  Sec.  III.     After  an  application  for  letters  of  administration  ^«^ifica- 
or  of  guardianship    has  been    granted,  or   when  a  will    has   been  cation. 
proved,  and  the  securities  required    by  law,  named  to,   and  approved 

by  the  Courts  of  Ordinary,  in  the  order  passed,  it  shall  and  may  be 
lawful  for  any  such  guardian,  administrator,  or  executor,  to  ([ualify 
in  vacation  before  the  Clerk  of  the  Court  of  Ordinary,  by  taking  the  ♦ 

oath  required  by  law,  and  to  receive  from  said  Clerk  letters  of  guar- 
dianship, of  administration,  or  testamentary  :  Provided,  that  before 
such  qualification,  the  bonds  required  shall  be  executed  by  the  party, 
and  the  securities  that  have  been  approved,  in  the  presence  of,  and  be 
attested  by  said  Clerk;  and  said  bonds,  so  executed  and  delivered  to  ^f'",'J'^  f^'*^" 
said  Clerk,  shall  be  good  and  effectual  in  law  to  all  intents  and  pur- 
poses. 

164.  Sec.   IY.     Whenever  the  person  who  may  hold  the  office  of  ^''^'■^^''^'^^f^- 

1  r  •  ^1  T        T  i.ni,  or  ad- 

Clerk  of  the  Court  oi  Ordinary,    shall  be  appointed  acaninistrator  or  "'•-V'^*''^^^' 
guardian,  under  the  laws  of  this  State,  he  shall  continue  to  be   such  such,  th-.^ugh 
administrator  or  guardian,  until  his  duty  as  such  shall  be  fully  (^{j<5_^^^«f*^ffice- 
charged,  without  regard    to  the   expiration  of  his  term   of  office  as 
Clerk,  be  entitled  to  the  lawful  commissions,  and  may    be  pLoceeded 
against  as  other  administrators  or  guardians  ;  and  their   securities  as  Buretios' 
Clerk,  or  administrator  or  guardian,  shall    be  subject  to  all  liabilities"'^  " ^' 
now  imposed  by  law   upon  the  securities   of  administrators  or  guar- 
dians. 

165.  Sec.  V.     From  and  after  the  passa^-e    of  this    Act,    a  dis- ^^.^^^^i''^"^ 
charge  or  dismissal  oi  an    executor,   aaministrator,  or    guardian,  by  r.ot  nnui 
any  Court  of  Ordinary,  of  this  State,  from  his,  her,  or  their  duty  asnorsr™'^ 
such,  shall  not  be  held  as  fiiial  and  conclusive  against  any  heirs,  dis- 
tributees, or  wards,  who  were  minors  at  the  time  of  such  discharge : 
Frovidi'd,  said  minors,  'vithin  five  years  after  he,  she,  or  tliev  become  ?"'^^'^'''" 

'        _^  ^  •'  T  7  J  ,f>  years. 

of  the  age  of  tv/eiity-one,  or  have  all  legal  disabilities  removed,  shall 
commence  suit  against  such  executor,  administrator,  or  guardian. 

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


Ail  Act  to  authorize  Execuiors,   Administrators  aiid  Guardians^  to 
make  rclurns  to  the  Court  of  Ordinary  of  iJic  County  of  their  rh- 

idc7ice,  and  to  be  discliargcd  Jruni    their  trust  therein. — Approved 
Feb.  22,  1850.     Pam.  39. 

166.   Sec.   I.     Be  it  enacted,  That  the  provisions    of  the  second  ^f tot  leia 
section  of  the  Act,  passed  on  the  tenth  of  December,  eighteen  hun- executors 
dred   and  twelve,   v/hich   authorizes    executors,  administrators  and  d^ifferS'"  ^ 
guardians,  whose  residences  may  be  changed,  to  make  returns  to  the  ^^'^^^J'- 
Court  of  Ordinary  of  the  County    of  their  residence,  on  complying 
with  certain  prereipiisites,  shall  be  applicable  to,  ajud  may  be  availed 
of;  by  any  executor,  administrator  or  guardian,  who  may  at  the  time 


340  EXTvS,  ADj\rRS,  &c.— Ex'rs,  Adm'rs,  ^c— 1850. 

Piemoval  of  proceedings — Returns,  eifect  of  failure — Making  titles  to  land. 


of  his  appointment  and  qualification,  reside  in  a   different    Counfy 
from  that  in  which  letters  testamentary,  of  administration,  or  of  guar- 
dianship may  be  granted. 
Liable  to  167.   Sec.     II.     Any    such  executor,    administrator  or  guardian, 

Sarns^&iT  availing  himself  of  the  provisions  of  this  Act,  or  of  the  said  recil^ 
made.         q^    scctiou,  shall  be  liable  to  the   same  proceedings  in    the   Court  of 
Ordinary  to  which  his  returns  may  be  made,  as  if  he  had  been  ap- 
Dismissal,    pointed  and  qualified  in  said  Court,  and  shall  be  dismissed  from  hjs 
trust  in  and  by  said  Court,  upon  his  complying  with  the  terms  of  ihjQ 
law,  in  relation  to  letters  dismissory. 


An  Act   to  regulate   the   retmiis   of  Executors^  Admmisfrators  and 
Guardians. — Approved  Feb.  22,  1850.     Pam.  40. 

168.      Whereas,  By  the  Act  of   1792,  executors   and   administraf^ 
tors    are  required  to  make  their  annual  returns  to    the  Courts  of  Of- 
dinary,  by  the  tenth  day  of  January  in   each  year,    embracing  all 
transactions  of  the  estate  they  represent,  up  to  the  thirty-first  of  De- 
cember immediately  preceding,  and  whereas,  by  other  Statutes  a  dif- 
ferent time  seems    to  be  fixed,    within  which   said  returns    shall  be 
made,  and  a  difference  existing  in  different    Counties,  in  reference  to 
the  time  of  making  said   returns,    and  tlie   Supreme    Court    having 
determined  that  an  executor  or  administrator  failing  to   make  his  an- 
nual returns,  shall  forfeit  his  commission  on  the  whole  estate.  In  oi^^ 
der  to  settle  said  practice  and  save  executors  and  administrators  from 
loss  of  commissions,  when  acting  without  faults, 
ueturns  i,y        Sec,  I.     Be  it  e7iacted,  That  exec 'iters,  administrators  and  guai> 
day  in  July"  diaus  sliall  be    permitted  to    make  their   annual  returns   required  of 
them,  by  the  first  Monday  in  July  of  each  and  every  year,    any  law 
to  the  contrary  notv/ithstanding. 
prcridentiai      ^^^-   ^^^-  ^^'     Whcji  fiom    piovideutial  cause,  any   such  trustea 
hinxirance.    shall  fail  to  mako  returns  by   the    time    specified,  the  Inferior  Court 
when  sitting  for    ordinary    purposes,  may   by  special  order   on  their 
minutes,  save  them   from  all    penalty  of  forfeitures    of  commissions 
on  account  of  failing  to  make  said  returns  within  said  time. 
eoaimis?ion       170.   Sec.  III.     If  aiiy  executor,  administrator    or   guardian  shall 
^^iirna    ^^^^  ^^  make  a  return  within  the    time. required  by  law,    he  shall  u^it 
lose  the  commissions  on  any  returns  made  in  due  time. 


A}i  Act  to  alter  and  amend  an  Act  entitled  an  Act  to  authorize  and 
empoioer  Execntors  and  Administrators  to  make  titles  to  land  irk 
certain  cases,  approved  February  the  15th,  1799. — Approved  Feb. 
14,  1850.     Pam.  41. 

©sniorofc-t      171.   Sec.   I.      Beit  enacted,  That  in  all   cases    contemplated  by 
wheree'Jf'rf  tllc  Act  entitled  an  Act  to  authorize  and  empower  executors  and  ad- 
saffiSeut!^'  ministrators  to  make  titles  to  land  in  certain   cases,  approved  on  the 
fii'teentli  day  of  February^  in  the  year  seventeen  hundred  and  nine- 
ty-nine, be  so  far  changed,  as  in  no  instance  to  require  more  than  th@ 


EX'RS,  ADM^RS,  &c.— Ex'rs,  Adm'rs,  &c.— 1850.  341 

Making  titles  to  land — Foreign  Executors,  Administrators  and  Guardians. 

Judgment  of  the  Court  of  Ordinary  of  the  County  where  the  exec- 
utor or  administrator  may  reside  at  the  time  of  the  commencement 
of  the  suit,  to  authorize  or  empower  him  to  make  title,  and  that  it 
i^all  not  be  necessary  to  obtain  the  concurrence  of  the  Court  of  Or- 
dinary in  addition  thereto,  of  the  County  where  the  deceased  resid- 
ejd  at  the  time  of  his  death,  as  contemplated  by  the  aforesaid  Act,  to  -. 

authorize  or  empower  the  executor  or  administrator  to  make  such 
title.  And  that  all  laws  or  parts' of  laws  militating  against  this  Act 
be,  and  the  ^same  are  hereby  repealed. 


Ah  Act  to  authorize  the  legal  representatives  of  Intestates  and  Tes- 
tators of  other  States^  and  Guardians^  to  sue  in  this  State. — Ap- 
proved Feb.  23,  1850.     Pam.  280. 

172.  Whi-reas,  It  frequently  happens  th^t  persons  depart  this  life 
'ili  another  State,  owning  judgments,  bonds,  mortgages  and  other 
specialties,  and  promissory  notes,  bills  of  exchange,  and  other  evi- 
dences of  debts,  and  divers  causes  of  action  against  citizens  of  this 
State,  and  by  the  existing  lavv^s  suits  cannot  be  brought  in  this  State, 
for  the  recovery  of  their  rights,  without  some  inhabitant  of  this 
Btate  first  takes  out  letters  of  administration  upon  the  estate  of  such 
djgceased  persons,  and  lor  remedy  whereof : 

Sec.  I.     Be  it  enacted,  That  from    and  after    the  passage  of  this  Forci;,m  gx- 
Act,  it  shall  a  id  may  be  lawful  for  any  administrator  or  administra-  SSLra- 
tprs,  and  administratrix,   lor   any  executor  or   executors,  and  execu-  puanuans 
trix,  or  guardian,  of  any  deceased  person  or    persons  who  may  have  "'->-  bring 
d,eparted  tiiis  life  in^notlier  State,  and  a  citizen  or  citizens  of  such  yuie, 
other  State,    at   the  time  of  their  decease,    ov/ning  at  said  time  any 
Judgments,  bonds,  mortgages  and  other   specialties,  and    promissory 
notes,  bills  of  exchange^  and  other  evidences  of  debt,  and  any  other 
cause  of  action  against  citizens  of  this  State,  to  institute  suit  in  his, 
her  or    their  name,    for  the    recovery    of  the    same,   in    any  of  the 
Oourts  of  this  State,  which  by    law  have  jurisdiction  of  the  subject 
matter :  Provided,  said   legal  representatives  shall  on  or   before  the 
Judgment  term  of  the  Court  to  which  such  suit  or  suits  are  brought, 
file  in  said  Court  a  legally  authenticated   exemplification  of  his,  her 
oy  their  letters  of  administration,  or  letters  testamentary,  or  letters  of 
g^uardianship,  according  to  law,  to  be  used  on  the  trial. 

173.  Sec.  II.     Said  plaintiffs,  his,  her  or  their  agent  or  attorney- and  use  any 
akt-law,  may   use  any    of  the  Common  Law    or    statutory   means  or  %qT.  ^^^^ 
r(3medies  nov/  in  force  in  this  State,  by   complying  with  the  distinct 
pffovisions  of  said  laws,  as  other  plaintiffs. 

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


342 


EX'RS,  ADM'RS,&c.— Idiots  &  Lunatics— 1818. 


Guardians  .ippointecl — Duties  and  povrers. 


ART.  lY.     IDIOTS  AND  LUNATICS.* 


Sec.  174.  Guardians. 

"  175.  Their  duty. 

"  176.  Sale  of  propei'ty. 

"  177.  Wife- -Guardian. 

♦'  178.  Annual  returns. 

"  179.  Wile's  bond. 

'*  180.  Commission — Return. 

"  ISI.  Notice  of  application. 

"  182.  Appeal — Guardian  jjej?^/.  lite. 


183.  Costs. 

184.  Repealing  Clause. 

185.  Act  of  1837  extended. 

186.  Arrest  of  Lunatics. 

187.  Duty  of  Inferior  Court. 

188.  If  a  pauper. 

189.  Eighteen  Commissioners. 

190.  Deaf  and  dumb — Idiots. 


All   Act  for   the  better  management  of  the  persons   and  estates  of 
Idiots,  Ln7iatics,  and  persons  insa?ie. — Approved  Dec.  19,  1818, 
Vol.  III.  286. 


Court  of  Ord. 
may  appoint 
guardinnsior 
idiots  and 
lunatics. 


And  may  re 
moT?  tiiem 
for  Auscon- 
duct. 


Buty  of  si.ch 
•uardians. 


The  C't  m;iy 
order  a  sa!o 
of  their  prop- 
erty- if  neces- 
saxy. 


Wifeentitled 
to  the  giiard- 
^nship. 


Ouardians 
sliall  make 
snnual  re- 
ams. 


174.  Sec.  I.  The  Inferior  Courts  of  said  State,  sitting  as  Courts 
of  Ordinary,  shall  have  full  power  to  appoint  guardians  for  the  per- 
sons and  estates  of  all  idiots,  lunatics,  and  persons  insane  if  and  it  is 
hereby  made  the  duty  of  said  Co-urts  to  require  bond  and  good  secu- 
rity from  all  guardians  appointed  in  pursuance  of  'this  Act,  for  the 
faithful  discharge  of  their  duties  ;  and  said  Courts  are  hereby  vested 
with  full  powder  to  remove  any  guardian  who  shall  fail  or  refuse  to 
manage  the  person  or. property  of  such  idiot,  lunatic,  or  person  insane 
in  a  proper  manner. 

175.  Sec.  II.  All  guardians  appointed  by  this  xlct,  shall  be  com- 
pelled within  three  months  after  their  appointment,  to  make  an  in- 
ventory of  the  estate  of  their  ward,  and  cause  the  same  to  be  ap- 
praised, as  the  law  directs  in  cases  of  deceased  persons'  estates,  and 
return  the  saiPxe  on  oath  to  said  Court. 

176.  Ssc.  III.  When  it  shall  appear  to  said  Court  that  a  sale  of 
all  or  some  part  of  the  estate  of  such  idiot,  lunatic,  or  insane  person, 
is  necessary  for  their  support  or  the  payment  of  debts,  it  shall  be  the 
duty  of  said  Court  to  order  such  sales,  and  to  authorize  and  compel 
said  guardian  or  guardians  to  make  titles  to  said  property. 

177.  Sec  IY.     The  wife  of  such  idiot,  lunatic,  or  insane  person 
(if  he  be  married)  shall  be  entitled  to  the  guardianship  of  her  hus 
band's  person  and  property ;  Provided,  she  comply  with  the  requi- 
sitions of  this  Act,  Teserving  to  said  Court  the  right  of  joining  other 
persons  with  her  in  said  guardianship  at  their  discretion. 

178.  Sec  Y.  All  guardians  who  may  be  appointed  under  and 
by  virtue  of  tliis  Act,  shall  be  bound  to  make  to  said  Court  annual 
returns  of  their  actings  and  doings  with  person  and  property  of  their 
wards. 


*For  Acts  in  reference  to  the  organization  of  the  lunatic  asylum,  see  title  "  Lunatic 
Asylum." 

tSee  further  as  to  their  bonds,  oaths,  &c.  under  Art.  "  Executors,  Administrators^** 
&c.  sees.  98,  111. 

As  to  letters  dismissory,  see.  107,  Act  of  1826. 

As  to  sale  of  real  estate,  sec.  113,  Act  of  1827. 

As  to  appointment  of  guardians  for  deaf  and  dumb  persons,  see  sec.  190» 


EX'RS,  ADM'RS,  &c.— Idiots  &  Lunatics— 1834.  343 

*. — — -« — 

Commission  of  Ltuiacy — Proceedings. 

179.   Sec.   Yl.     Where  a  married  woman  under  this  law,  shall  re- The  wife's 
ceive  the  guardianship   of  her  husband's   person,  goods  and  effects,  cMesvaiui. ' 
the  bond  so  given  by  her  as  guardian  shall  be  good  and  valid  in  law 
to  all  intents  and  purposes. 

Sec.  VII.     All  laws  or  parts  of  laws  militating  against  this  Act  ^^^^^^1'"* 
be,  and  the  same  are  hereby  repealed. 


^71  Act  to  authorize  the  Courts  of  Ordinary  of  the  different  Coun- 
ties of  this  State  to  issue  Corninisdons  of  Lunacy^  and  to  regulate 
the  proceedings  thereon. — Approved  Dec.  22,  1834.     Pam.  8G. 

180.  From  and  after  the  passin£^  of  this  Act  the  Courts   of  Ordi-  commission 
nary  of  the  different  Counties  of  this  State  shall,  upon  the   petition 

of  any  person,  supported  by  his  or  her  affidavit,  setting  forth  that  any 
other  person  is  an  idiot,  lunatic  or  insane  person,  and  incapable  of 
managing  his  or  her  affairs,  issue  a  commission,  directed  to  any 
twelve*  discreet  and  proper  persons,  requiring  them  to  examine,  by 
inspection,  the  person  alleged  to  be  an  idiot,  lunatic  or  insane  per-  * 
son,  and  to  hear  and  examine  witnesses  upon  oath,  if  necessary,  as 
to  his  or  l:icr  state  of  mind,  and  to  make  return  to  the  Court  of  Or-  Re^^ro- 
dinary  whether  or  not  the  said  person  be  an  idiot,  lunatic,  or  insane 
person  ;  and  if  the  said  persons,  so  appointed,  shall  return  the  said 
person  to  be  an  idiot,  lunatic  or  insane  person,  the  Court  of  Ordinary 
shall  appoint  a  guardian  for  such  person  in  terms  of  the  law  now  of  ^"^'^''"'^"* 
force  ;t  Provided,  always.,  that  the  commissioners  appointed  by  the 
Court,  as  aforesaid,  shall  take  an  oath  before  the}^  enter  upon  the 
discharge  of  the  duty  enjoined  upon  them  before  some  proper  Magis- 
trate of  this  State,  or  of  tlie  State  where  the  examination  may  take 
place,  ''  well  and  truly  to  execute  the  said  commission  to  the  best  of  commis- 

'  '  .       sioncr's  oytli 

their  skill  and  ability;"  and  provided  also,  that  one' of  the  commis-^  . 
sioners  acting  under  the  said  commission  shall  be  a  physician. 

181.  Sec.  II.     The  person  applying  for  said  comm ission  shall  give  '^p'?  fiajv 
at  least  ten  days'  notice  in  Vvriting  of  his  or  her  intended  application  pHoation  for 
to  the  nearest  adult  relative  or  relations  of  the  person  alleged  to  be 


cornimssion. 


an  idiot,  lunatic  or  insane  person,  not  exceeding  three  in  number, 
before-  the  Court  shall  issue  sard  commission  ;  but  if  there  be  no  re- 
lative of  such  person  within  this  State,  the  Court  may  issue  sucii 
commission  without  such  notice  being  given. 

182.   Sec.  III.     In  case  the  person  making  the  application  afore- ^pp^-''^  f'*^"* 

-,  ^  '■-'-.  the  report  ot 

Said,  or  any  relation  or  friend  of  the   person  alleged  to  bean  idiot,  commission 
lunatic  or  insane  person  shall  be  dissatisfied  with  the  report  made  by  ri'iVcourr' 
tlie  said  commissioners,  such  person  may,  upon  paying  all  costs,  and 
giving  security  for  all  future  costs,  within  four  days  after  such  report 
is  acted  upon  by  the   Court  of  Ordinary,  enter  an  appeal  to  the  Su- 
perior Court  of  the  County,  where  the  sanity  or  insanity  of  the  per- 
son shall  be  tried  by  a  special  Jury,  selected  as  in  other  cases  ;  but 
the  guardian  appointed  by  the  Court  of  Ordinary  shall  act  as  such ^^^^^/^^^^^^ 
till  the  matter  is  determined  in  the  Superior  Court. 

♦Eighteen,  any  twelve  to  act,  sec.  189. 
fWiie  may  be  appointed,  Bee  Bee.  177. 


344  EX'RS,  ADM'RS,  &c.— Idiots  &  Luxxatics— 1838. 

Non-resident  Guardians — Arrest  in  certain  case^. 

cosjs,  183.   Sec.  IY.     If  the  commissioners  shall  report  the  person  an 

idiot,  lunatic  or  insane  person,  the  costs  of  the  proceeding  shall  be 
fixed  by  the  Court  of  Ordinary  in  their  discretion,  and  shall  be  paid 
out  of  the  estate  of  such  person ;  but  if  the  commissioners  report 
that  the  person  is  neither  an  idiot,  lunatic  nor  insane  person,  the 
costs  shall  be  borne  by  the  person  who  applied  for  said  commission.. 
Sec.  Y.  All  laws  and  parts  of  laws  militating  against  this  are 
hereby  repealed. 


An  Act  to  repeal  the  fifth  section  of  an  Act  entitled  ''  a7i  Act  to  cm* 
thorize  the  Guardians  of  Minors  to  receive,  recover  and  reniovM 
from  the  State  of  Georgia  property  belonging  to  their  Wards,  or  to 
which  they  may  be  entitled,  in  cases  lohere  such  Guardians  and 
Mijiors  both  reside  without  the  State,  and  to  prescribe  the  mode  of 
doing  the  same,''''  passed  the  25th  Decernber,  1837,  and  to  extend 
the  said  Act  to  the  cases  of  Idiots. — Assented  to  Dec.  28,  1838, 
Pam.  113. 

aI^iStVo        ^^^'  ^^^-  ^-     ^^  it  enacted,  That  the  fifth  section  of  the  above 

pealed.        rccited  Act  be,  and  the  , same  is  hereby  repealed. 

ThatActex-      185.   Sec.  II.     Tiic   benefits,  advantages  and  provisions  of  the 

uuatl  and  Act  hcrcby  amended,  and  of  this  Act,  shall  be  extended  to  the  guard- 
ians of  idiots  and  lunatics,  when  the  guardian  and  his  ward  reside 
"without  the  limits  of  this  State,  on  the  terms  and  conditions  therein 
specified. 


lunaticij 


An  Act  to  authorize  the  arrest  and  confinement  of  Lunatic  or  Insane 
Persons,  in  certain  cases. — Assented  to  Dec.  28,  1838.  Pan?.. 
147. 

On  applies-  186.  Sec.  I.  Beit  enacted.  That  upon  the  application  of  any  of 
o&Sx^&ij"^  the  good  people  of  this  State,  under  oath,  that  he,  she,  or  they  have 
peacrail^^'^  rcasou  to  apprehend  any  injury  to  their  persons  or  property  from  any 
issue  war-  luuatic  or  iusanc  person  who  is  suffered  to  go  at  large,  any  Justice  of 
restt  the  Peace  to  whom  such  application  may  be  made  shall  be,  and  hj8 

is  hereby  authorized  to   issue  his  warrant  in  the  same  way  as  in 
criminal  cases,  for  the  arrest  of  said  lunatic  or  insane  person,  and  to 
)  bring  such  person  before  himself,  or  any  other  Justice  of  the  Peace, 

who  shall  proceed  to  inquire   into  all  the  circumstances  of  the  case, 
and  if  he  should  be   satisfied  that  the  party  making  the  application 
has  just  grounds  to  apprehend  any  injury  to  himself  or  his  property 
Goramit-      from  such  lunatic  or  insane  person  going  at  large,  to  commit  such 
naeut.         persou  to  the  common  jail  of  the  County,  and  shall  forthwith  notify 
the  Clerk  of  the  Inferior  Court  of  the   County  of  such  commit taL 
Duty  of  the       187.   Sec.  II.     It  shall  be  the   duty  of  the  Clerk  of  the  Inferior 
ini.  Court.    (^Q^^j.^  Qf  lY^Q  County,  upon  being  so  notified,  to   call  together  the 
Judges  of  said  Court,  or  a  majority  of  them,  who  shall  make  such 
provisions  for  the  confinement  and  detention  of  such  lunatic  or  in- 
sane person  either  in  the  common  jail  of  the  County,  or  by  placing 


EX'RS,  ADM'RS,  &c.— Idiots  &  Lunatics— 1838-' 40.  345 

Support,  how  paid — Eighteen  Comniissioiiers — Deaf  and  dumb  persons. 

such  person  in  the  custody  and  under  the  control  of  some  suitable 
individual,*  as  they  or  a  majority  of  them  may  deem  best ;  and     - 
such  lunatic  or  insane  person  shall  be  confined  and  not  permitted  to 
go  at  large  without    being    under   the    immediate    custody  of  such 
person. 

188.   Sec.  III.     When  said  Court,  or  a  majority  of  them,  maybe  ifpauprr, 
satisfied  that  such  lunatic  or  insane  person,  so  committed  as  afore-  mi?o7c;o«n. 
said,  is  destitute  of  property  or  other  means  to  defray  the  expenses  ^^^""'^*' 
thus  incurred  for  his,  her  or  their  maintenance  during  such  confine- 
ment, to  order  the  same  to  be  paid  out  of  the  County  funds  ;  and  if 
said  lunatic  or  insane  person  shall  be  able  to  defray  the  expenses  J^g^^J;,^"^**^ 
aforesaid,  such  expenses  shall  be  ordered  to  be  paid  out  of  his  own  funds- 
funds,  in  such  manner  and  at  such  time  as  said  Court  shall  order.f 


An  Act  to  altc?'  and  amend  the  first  section  of  an  Act  passed  the 
22d  December,  1834,  to  ''  authorize  the  Courts  of  Ordinary  of  the 
diferent  Counties  of  this  State  io  issue  Conunissiojis  of  Lunaci/, 
and  to  regulate  proceedings  thereon,''  so  as  to  increase  the  number 
of  pei\sons  to  whom  said  commission  shall  issue — Assented  to  Dec. 
29,  1S38.     Pam.  146. 

7 

Whereas,  said  first  section  directs  the  issue  of  a  commission,  di- 
rected to  any  twelve  discreet  and  proper  persons ;  and  whereas,  it  is 
often  impracticable  to  procure  the  attendance  of  said  twelve  persons, 
for  remedy  whereof, 

189.   Sec.  I.     Be  it  enacted,  That  said  commission  shall  be  issued  Eighteea 
as  mentioned  in  said  Act,  directed  to  any  eighteen  discreet  and  pro-  ^^^""•**'^"^- 
per  persons,  requiring  them,  to  attend  at  such  time  and  place  as  shall 
be  mentioned  in  said  commission,  within  the   County  where  said 
commission  shall  issue  ;  and  any  twelve  of  them  to  examine  by  in-  '^^eive  may 
spection  the  person  alleged  to  be  an  idiot,  lunatic,  or  insane  person, 
and  act  upon  said  case  as  directed  in  said  Act. 

Sec.  II.  All  laws  and  parts  of  laws  militating  against  this  Act 
are  hereby  repealed. 


An  Act  to  malce  deaf  and  dumb  persons  Idiots  in  laio,  so  far  as  to 
authorize  the  appointment  of  Guardians  in  certain  cases. — As- 
•sented  to  Dec.  22,  1840.     Pam.  110. 

190.   Sec.  I.     Be  it  enacted,  That  from  and  after  the  passage  of  Deaf  and 
this  Act,  deaf  and  dumb  persons  shall  be  so   far  considered  idiots  in  sins  m!!^-l>« 
law  as  to  authorize  the  Inferior  Court  to  appoint  Guardians  for  such  ffj";^'^^!^'''^ 
deaf  and  dumb  person,  on  the  application  of  such   deaf  and  dumb  ^oSnt^'*"'^^' 
person,  or  any  person  or  persons  for  them  ;  Provided,  it  shall  be  made 


*It  may  be  a  question  how  far  these  provisions  are  superseded  by  the  Acts  establish- 
ing a  "  Lunatic  Asylum  ;"  see  that  title. 
fSee  note  to  former  section. 


346  EX'RS.  ADM'RS,  &c.— Poor  Laws— 1792. 


Overseers  of  the  Poor — Poor  Tax. 


satisfactorily  to  appear  to  said  Court  that  such  deaf  and  dumb  per- 
son or  persons  are  incapable  of  managing^  his  orher  estate,  or  his, 
or  her,  or  themselves. 

Sec.  II.     [Repealing  clause.] 


AUT.  V.     POOH  LAWS. 

Sec.  191.  Provision  for  Poor.  |  Sec.  192.  Poor  Tax. 

A71  Act  to  he  entitled  a7i  Act  to  protect  the  estates  of  orphans  and  to 
fjuike  per  jna?ie7it  provision  for  the  poor. — Approved  Dec.  18,  1792. 
Vol.  I.  220. 

And  to  the  end  that  permanent  provision  be  made  for  the  poor, 
Justices  of        191.   Sec.   XIV.     Be  it  enacted,  6^*c.   That  the  Inferior  Couits  in 
aretojio-'^  tlic   scvcral  Couuties  in  this  State  shall  have  power  to  inquire  into 
hind  our(J-' ^^^^  circumstances  of  the  poor,  bind  out  orphans,*  and  appoint  guard- 
phans,  ap-    ians.  ill  the  manner  pointed  out  by  law,  and  appoint  overseers  over 

1)0  int  guard-  '  .  •'■  -^  .  ^  ^ 

ian.«,over-    tlic  poor ;  Provulcd,  that    no  Justice   of  the  Inferior  Court  shall  be 
May^ievy  a  appointed  an  overseer  of  the  poor.     And  the  said  Justices  and  over- 
poortax.      seers  of  the  poor,  shall  have  power  to  levy  annually  a  tax,f  and  assess 
all  taxable  property  returned  in  their  respective  Counties,  not  exceed- 
ing one  fourteenth!  part  of  the  general  tax  of  such  County,  annually, 
which  shall  be  collected  by  the  Tax  Collector  of  the  Comity,  who 
Collectors  to  shall  bc  allowcd  at  and  after  the  rate  of  five  per  centum  on  the  net 
per^'Int.^^*  amouut  of  such  collection,  and  who  shall  at  the  first  Inferior  Court, 
Shall  make  after  tlic  first  Monday  in  May,  annually,  make  to  the  Justices  of  the 

liis  returns  ,  J  •'  '  •'  ' 

to  the  Inf.     Inferior  Court  a  true  return  of  the  state  of  the  collection  of  such  tax, 

ct.  ...  .  .  .        . 

and  a  report  in  writing  of  his  proceedings,  and  shall  therein  fairly 

state  the  amount  of  his  collection  ;  and  that  the  Tax  Collector's  state 
ments  and  collections  so  made  up,  shall  be  filed  of  record  in  the  Clerk's 
cfiice,  open  to  the  inspection  of  any  person  interested  therein.  And 
Mode  of  col-  in  case  any  person  or  persons  shall  refuse  or  neglect  to  pay  such  tax, 
it  shall  and  may  be  lawful  for  the  Sheriff  of  the  County  to  distrain 
for  the  same,  in  like  manner  as  the  Collectors  are  authorized  to  dis- 
train for  the  general  tax,  and  shall  have  the  like  commissions  there- 
for, and  the  money  arising  from  the  said  tax  shall  be  paid  into  the 
hands  of  the  said  overseers,  for  the  relief  of  the  poor  ]  and  the  said 
overseers  shall,  once  in  every  year,  make  up  their  accounts  and  lay 
the  same  before  the  Justices  of  the  said  Court,  who  shall  express  their 
approbation  or  disapprobation  of  the  same  on  the  back  of  the  said  ac- 
counts so  to  be  produced. 

[For  remainder  of  this  Act,  see  sees.  20,  61  to  70.] 


leetion. 


*As  to  binding  out  of  poor  orphans,  see  tliis  title,  Art.  "Executors,  Administrators," 
&c.  sec.  77. 

For  Act  in  relation  to  infirm  slaves,  see  *•  Slaves  and  Free  persons  of  Color,"  sec.  60. 
tSee  next  section,  192. 


EX'RS,  ADM'JIS,  &c.— Wills— 1834. 


o4/ 


Poor  tax — Kevocation  of  will. 


An  Act  to  ((Iter  and  amend  the  fourteenth  section  of  an  Act,  entitled  an 
Act  to  protect  the  Estate  of  Orphans,  and  to  inalce  permanent  pro- 
vision for  the  poor, — Approved  Nov.  24,  1818.     Vol.  III.  919. 

Whereas,  it  is  found  by  experience  that  the  provision  made  for  the 
poor,  in  the  above  recited  Act,  is  insufficient  for  their  support, 

192.   Sec.   I.     Be  it  enacted,  6fc.   That  the  Justices  of  the  Inferior  JJ^^-C't^^^aj 
Courts  of  the  different  Counties  in  this  State,  are  hereby  authorized  tax  of  oue- 
and  empowered  to  levy  a  tax,  and  assess  all  taxable  property  return-  geneiaitaxf 
ed  in  their  respective  Counties,  not  to  exceed  one-eighth  part  of  the 
general  tax  of  such  County,  annually,  and  that  it  be  collected  in  the 
same  manner,   and  under  the  same  restrictions,  as  prescribed  in  the 
above  recited  Act. 

Sec.  II.     So  much  of  the  before  recited  Act  as  militates  a^rainst  i^«p«"^''"g 

clause. 

this  Act,  is  hereby  repealed. 


AP.T.  VI.  WILLS.*! 


See.  193.  Revocation. 
*'    19-1.  Lapsed  Legacies. 


Sec.   195.  Limitation  of  Caveats. 
"    196.  Savin":  for  Minors. 


An  Act  to  require  the  Justices  of  the  Inferior  Courts  of  this  State^ 
while  sitting  for  ordinart/  purposes,  to  declare  an  intestacy  in  cer- 
tain cases. — Approved  19th  Dec.  1834.     Pam.  88. 

193.     In  all  cases  when  a  person,  after  having  made  a  will,  shall  Marriage  or 
marry  or  have  born  a  child  or  children,  and  no  provision  shall  be  made  jg "  re°v«ci*-** 
in  said  will  for  the  wife  after  married,  or  child  or  children  after  born,  ^•''""^ *"*''"' 
and  shall  depart  this  IHq  without  revoking  said   will,  or  altering  it 
subsequent  to  said  after-marriage,  or  subsequent  to  the  birth  of  said 
after-born  child  or  children,  the  Justices  of  the  Inferior  Court  of  the 
County,  while  sitting  as  a  Court  of  Ordinary,  having  jurisdiction  of 
the  case,  shall  pass  an  order  declaring  that  such  person  died  intestate  :  • 

and  his  estate  shall  be  distributed  under  the  laws  of  this  State  regu- 
lating the  distribution  of  intestates'  estates  :  Provided,  nevertheless, 
that  either  party,  being  dissatisfied  with  the  decision  of  the  said  Court, 
may  enter  an  appeal  to  the  Superior  Court,  as  in  other  cases. 

*As  to  -witnesses  to  wills  attending  its  probate,  see  tliis  title,  Art.  "  Executors,"  &c. 
sec.  85. 

See  also  sec.  117,  (Act  of  1828)  declaring  that  no  executor  slialltake  any  tiling  under 
a  will,  unless  expressly  named  therein. 

Persons  detaining  a  will,  liable  to  tine  ana  imprisonment,  sec.  64. 

As  to  probate  of  wills,  see  Art.  "  Court  of  Ordinary." 

As  to  nuncupative  wills,  see  Appendix,  "  Statute  of  Frauds,"  sec.  XTK. 

[1.]  See  2  Kelly,  31  ;  3  Ih.  461,  569  ;  4  Ga.  52,  75 ;  6  lb.  S24  ;  516  ;  7  lb.  76,  438 ;  8  76.  34 
t%  146,  385,  450. 


348  EX'RS,   ADM'RS,  &c.— Wills~1836-'45. 

La^  sjd.  LegaG  es — Limitation  of  caveat. 


An  Ad  to  alter  the  law  in  relation  to  lapsed  legacies. — Approved  Dee. 

23d,  1836.     Pam.  160. 

Le'^aeies  not      1^^-     Fiom  aiicl  after  the  passage  of  this  Act,  where  any  person 
to  lapse  if  named  as  leoratee  in  the  will  of  any  other  person  shall  die  before  the 
theiesTHtee    tcstato",  Icaving  issiic,  that  shall  be  alive  at  the  death  of  such  testator, 
iving.      ^j^^   legacy,  Provided,  the  same  be  absolute  and  without  remjrinder, 
or  limitation,  shall  not  lapse  as  heretofore,  but  shall  vest  in  such  is- 
sue. 


An  Act  for  limitation  of  proceedings  caveating  JVills. — Approved 

Dec.  27,  1845.     Pam.  39. 

t'aveats "  195.   Sec.  I.     Be  it  enacted,  That  from  and  after  the  passage  o!" 

m^nced'in'"/  tliis  Act,  all  procecdings  for  caveating  or  setting  aside  any  will  or- 
years.  wills,  or  requiring  executors  to  prove  the  same  in  solemn  fornix  shall 
be  commenced  within  seven  years  after  probate  of  will,  in  the  ordi- 
nary form,  and  gra.nting  letters  testamentary  or  administration  there- 
on, and  not  after,  except  as  hereinafter  prescribed. 
vorSminors  1^6.  Sec.  II.  In  all  cases  of  heirs  or  parties  being  under  tfie  age 
of  twenty-one  years,  at  the  time  of  the  death  of  the  testators,  sucli 
heir  or  party  shall  be  allowed  four  years  after  coming  to  tweiity-bn© 
years,  within  which  time  to  commence  his,  her,  or  their  proceedings 
against  the  will  of  such  testator. 


FEES— 1792. 


349 


Governor. 


FEES.* 


iC     1. 

Fees  established. 

Sec.  27. 

"    2, 

Governor's  fees. 

"  28. 

•*    3 

oeorotary  of  State's. 

"  29. 

**    4 

Survx'j'or  General's. 

"  30. 

«    5, 

County  Surveyor's. 

«'  31. 

"    6. 

yhcriff' s  (Civil.) 

"  32. 

"    7, 

Bhcriif's  (Criminal.) 

"  33. 

'•    8. 

.Jailer's. 

"  34. 

*♦    9. 

Notary  Public's. 

"  3o. 

*•  10. 

Coroner's. 

"  3G. 

'*  11. 

Clerk  Court  of  Ordinary. 

"  37. 

'•  12. 

Governor's  Secretary. 

"  38. 

•♦  13. 

Attorney  General's. 

•^  39. 

"  14. 

State  Trea.surer. 

"  40. 

*♦  15. 

Attorneys'. 

«*  41. 

••  16. 

Jurors'  and  "SVltn&^ses*. 

"  42. 

"  17. 

Clerk's  (Crirninrd.) 

"  43. 

•♦  18. 

Clerk's  (Ci\dl.) 

"  44. 

•*  Vh 

Clerks'  Inferior  Court. 

♦'  45. 

«  20, 

Clerk    Ilousii   of  Ecpresentatives, 

"  46. 

and  Secretary  of  Senate. 

"  47. 

♦»  21, 

Constables. 

"  48. 

"  22, 

Powder  Ileceiver. 

««  49. 

"  23. 

Fees  paid  by  Pui;lic. 

"  50. 

•*  24, 

Statement  and  Ileceipt, 

"  51. 

"  2,'), 

0Yer-char2;es. 

"  52. 

«*  26. 

Table  of  Fees. 

Double  costs. 

Fines  and  forfeitures. 

Dismissal  from  ofHce. 

State  fees.     Paper  medium. 

Clerk's  returns. 

Illegal  Charges. 

Witnesses  in  Justice's  Courts. 

Tax  ;  Coroner's  fees  on  Negroes. 

25  per  cent,  increase. 

Fees  Clerk  Court  of  Ordinary. 

In  other  cases. 

Jury  fee. 

Fees  ;  Abduction  Act. 

Confession  fee. 

Coroner's  j^.  fa. 

Justices  of  the  Peace  and  Bailiffs. 

In  trial  of  Nuisances. 

For  abating. 

Fee  on  sci.  fa. 

On  quo  warranto, 

lleturn  of  ^^  nulla  bona." 

On  trial  of  Slaves . 

Process  waived. 

No  Service,  no  Fee. 

Tax  fee  abolished. 

Solicitor's  costs  ;  hovv^  paid. 


An  Act  to  revise  arid  amend  an  Act  for  ascertaining  the  Fees  oj  the. 
Pvblic  Officers  oJ  this  Statc.-\ — Approved  Dec.  18,  1792.  Yol.  I. 
226. 


1.  Sec.  I.  The  fees  of  the  dilTcrcnt  public  officers  hereinafter  mentioned, 
may  be  by  them  respectively  icceived,  as  follows  : 

governor's  fees.* 

2.     For  signing  a  grant  for  5il0  acres  or  under. | 1.00 

For  signing  a  grant  above  500  acres,  and  not  exceeding  1000  acres,    2.00 
On  all  grants  above  1000  acres,  at  and  after  the  rate  of  two  dollars 

for  every  1000  acres  therein  contained. 
Ordering  the  great  seal  of  the  State  to  any  paper  of  a  private  nature,    1.00 

Which  sums  sliall  be  paid  into  the  Treasury,  for  tlic  public  use,  before  any 
Buch  grant  or  other  paper  is  signed  by  the  Governor. 

*For  salaries  of  State  oflicers,  see  title  "  State  Officers." 

The  tV.es  of  Secretary  of  State,  Treasurer,  and  Surveyor  Cfcncral,  are  retaiiied  in  tho 
table  ur.dcr  thcr^e  heads,  although  by  Act  of  182G,  (^Stalc  OJliccrs,  sec.  2u,)  these  fees 
arc  required  to  be  paid  into  the  Treasury. 

Many  of  the  fees  of  the  different  officers  are  prescribed  in  the  Statutes  imposing  the 
duty,  and  could  not  I  e  transferred  to  this  title  without  mutilation. 

As  to  the  mode  of  collecting  fcc3  in  Superior  and  Inferior  Courts,  see  "  Judiciary," 
sees.  lGt3,  169. 

For  iOcs  of  Officers  in  Supreme  Court,  see  '*  Judiciary,"  sub-title  **  Supreme  Court." 

tTho  Act  here  referred  to,  docs  not  appearxmless  it  is  that  of  the  2,';d  December,  1789, 
Tvhieh  v-i  said  (AVatk.  389)  to  be  obsolete.     Perhaps  rendered  so  by  this  Act. 

JThc  sums  mentioned  in  the  Statute  are  reduced  to  federal  currency  at  tho  rate  of- 
four  and  ei/jht  pence  to  the  dollar. — Frince. 


Oovrrnov's 


350 


^fcretary 
of  State. 


Purveyor 
General. 


(.5ou  nty 
Surveyor. 


Fhcrifi"  in 
civil  cases. 


FEES— 1792. 

Secretary  of  State,'  Surveyor  General,  County  Surveyors,  Slieriifs'  fees. 
SECRETARY    OF    STATe's    FEES.* 

3.  For  a  grant  of  land,  and  preparing  and  affixing  the  seal  thereto, 

if  500  acres  or  under, l.SO 

If  above  500  acres, 2.00 

For  registering  a  grant, 50 

For  a  bond, 50 

For  a  testimonial  with  the  great  seal, 1.59 

For  every  search, . ]  2 J 

For  every  militia  commission,  to  be  paid  by  the  public, 50 

Preparing  and  countersigning  a  dedimus  'potestatem, 50 

Entering  satisfaction  on  every  mortgage, i  .25 

Drawing  and  engrossing  a  proclamation, 1 ,00 

Fixing  the  great  seal  of  the  State  to  any  other  paper, 1.00 

For  a  certified  copy  of  a  grant  or  other  paper,  per  copy  sheet, ......  6J 

SURVEYOR    general's    FEES.* 

4.  For  examining  a  plat, * .  50 

For  recording  a  plat  not  exceeding  500  acres, 75 

If  exceeding  500  acres, 1.50 

If  exceeding  1000  acres, 3.00 

Recording  a  plan  of  a  town,  township,  or  village, 10.00 

Transmitting  a  caveat  to  the  Governor,  and  attending  thereon,.  ...  1.00 

A  certified  copy  of  an  original  record, 75 

A  certified  copy  of  an  original  warrant, 50 

A  search, 12J 

Recording;  and  issuing  a  certificate  of  a  town  lot, 50 

COUNTY    surveyor's    FEES.t 

5.  Surveying  a  town  lot,   and  returning  a  certificate  thereof  tb  the 

Surveyor  General's  ofiice, .  1.25 

Surveying  a  tract  of  land,  of  or  under  100  acres, 3.355 

Each  hundred  acres  after  the  first,  2s.  6d GGJ- 

Making  a  plat,  recording,  advertising,  and  transmitting  the  same  to 

the  Surveyor  General's  ofiice, 1.25 

Entering  a  caveat,  advertising  and  giving  a  certified  copy   thereof,.  .  1.87-J- 

Attending  the  trial  of  the  same, 93J 

Each  postponement,  to  be  paid  by  the  person  postponing  the  same,.  .  62^ 

Recording  judgment,  and  giving  a  certified  copy  thereof, 62|-     j 

Entering  an  appeal,  and  giving  a  certified  copy  thereof, 1.25 

For  a  re-survey  of  land  by  order  of  Court,  of  or  under  100  acres  ;  12 

shillings  and  sixpence  for  the  first  100  acres, 3.35J- 

For  every  hundred  acres  after  the  first, 66| 

For  making  and  certifying  a  plat  thereof,  and  transmitting  the  same.  1.25 
And  for  any  other  re-survey,  the  same  as  aforesaid. 

sheriff's    FEES.- — IN    CIVIL    CASES^I 

6.  For  serving  a  copy  of  a  process  and  returning  the  original, §.  . . .  1.87.J 
If  more  than  one  defendant,  for  each  additional  copy  served,.  ..,..«  o2|- 

Levying  an  execution  on  the  body  or  property, 1.87-J 

Summoning  each  witness, . 62.J- 

On  all  sums  where  tlie  execution  does  not  exceed  04  dollars  and  23 

*See  note  to  Governor's  fees,  on  foregohig  page. 

IThe  increase  of  25  per  cent,  on  the  fees  of  County  Surveyor,  Clerks  of  Superior  and 
Inferior  Courts,  Clerks  of  the  Court  of  Ordinary,  Sheriffs,  Constables,  Justices  of  the 
Peace,  Jailers,  and  Coroners,  authorized  by  Act  of  1819,  (sec  3.3  of  tliis  title,)  is  added 
in  the  table  of  fees  of  those  ofiices. 

JIf  out  of  his  ovn\  County  %2,  additional,  "  JudiciaBy,"  %eG.  102. 

^^See  arst  note  on  next  page. 


FEES— 1792.  351 


Shcritfs'  fees,  Civil  cases — Criminal  cases — Jailers'  fees. 


cents,  (15Z.)  five  per  centum,  (6:J),  on  the  amount  of  property 
sold  ;  on  all  sums  above  (54  dollars  and  28  cents,  and  where  the 
execution  does  not  esceed  428  dollars  and  56  cents,  (100/.) 
two  and  a  half  per  centum,  (3^,)  on  all  sums  where  the  execution 
exceeds  428  dollars  and  56  cents,  one  per  centum,  (l^) ',  and 
that  no  commission  shall  be .  demanded  where  the  property  is 
not  actually  sold.^ 

Making  out  and  signing  a  bill  of  sale  of  other  property, 1.25 

Provided,  That  fees  shall  be  allowed  only  for  one  bill  of  sale,  where  the 
same  will  be  sufficient  to  convey  the  property  sold  to  one  person  or  joint 
purchasers ;  unless  the  purchaser  or  purchasers  shall  choose  more  than  one. 
Conducting  a  debtor  under  confinement  before  a  Judge  or  Court,  . .     1.25 

Summoning  a   Jury   to  try  a  caveat,  and    attendance, 1.25 

Summoning   a  special  Jury,  and  all  other  services,  attending  trial  of 

an  appeal, 1.25 

For  a  bail  bond, 1.25 

Making  out  and  executing  titles  to  land, 3.75 

If  wrote  by  the  purchaser, 1.25 

sheriff's    fees. IN   CRir^IINAL  CASES.*  "l!^!"^ 

cases. 

7.  For  recommitting  any  person,  when  a  h;ibeas  corpus  is  brought 

to  his  relief, 1.25 

Summoning  a  Jury,t 1.25 

On  every  copy  of  a  mittimus, 31^' 

For  every  mile  a  prisoner  shall  be  removed  on  a  habeas  corpus,  . .  .  31^ 
For  removing  a  prisoner  by  habeas  corpus,  when  no  mileage  is  paid, 

per   day, 1 .25 

Executing  a  criminal, 10.00 

Attending  a  person  taken  by  a  warrant,  to  the  Judge's   chambers,.  .  93J 

Conducting  a  prisoner  before  a  Judge  or  Court  to  and  from  jail,.  . . .  1.25 

Executing  a  warrant  of  escape, 93_| 

Each  mile  to  serve  tlie  same,  (two  pence,) 4|- 

Executincy  and  returninor  a  Bench  warrant, , 1.25 

Each  mile  to  serve  the  same,  (two  pence, )'^ .....; 4| 

Putting!  ^  person  in  the  stocks 62^ 

For  whipping,  cropping   or  branding  a  criminal, 1.25 

Apprehending  a  person  suspected,  if' committed  or  held  to  bail,  ....  1.25 
For  each  person  not  exceeding  two,  v/ho   may  be  employed  to  guard 

a  prisoner  to  jail,  per  day, 1.25 

jailer's  fees.§ 

8.  Receiving  a  prisoner  or  debtor. 62|- 

*For  fees  in.  cases  of  slaves  and  free  persons  of  color,  sec  Act  of  1835,  sec.  -12  of  tliis 
title. 

In  case  of  *'  Nuisances,"  see  Act  of  1837,  tliis  title,  sec.  43. 

For  serving  rule  vs.  garnishee,  see  "  Attachment  and  Garnishment,"  sec.  44:. 

For  return  of  "  «?///«   bo?ia,"  $1.87^,  sec.  47. 

For  serving  v.xit  of  possession  vs.  tenants  holding  over,-  J^Ilent,"  sec.  9,  ?j|>3. 

fin  issues  on  applications  of  insolvent  debtors,  1,5,  "Insolvent  l)ebtors,"  &c.  sec.  11. 

^Obsolete. 

§There  seems  to  be  a  discrepancy  among  the  compilers  of  the  Statutes,  as  to  the  in- 
crease of  Jailers'  fees;  Ilotchkiss  and  Howell  Cob]),  (Analysis  and  Forms,)  increasing 
them  oO  per  cent.  The  facts  are,  the  Act  of  1818,  Dec.  8,  increased  the  fees  of  aU 
County  Otticers,  Jailers  included,  r)0  per  cent.  The  same  year,  Dec.  13,  an  Act  passed, 
entitled  "  an  Act  to  rehevc  criminals  and  other  persons  coailined  in  the  Jails  of  this 
State,"  Penal  Laws,  sec.  14,)  and  by  the  3d  sec.  the  fees  of  Jailers  are  increased  50  per 
cent.    By  Act  of  16th  Dec.  1819,  (sec.  So  tliis  title,)  to  amend  and  alter  the  Act  of  bth 

[l,j  Explained,  2  Kelly,  233.     Same  commissions  on  surplu-s  in  his  handi.  ^^iil. 
[2.j  Not  allowed  to  charge  railroad  fare,  Peters  vs.  the  t'^tate.  9  Ua. 


JaiJei. 


352"     ,  FEES— 1792.      ; 

Fees  of  Notary  Public,  Coroner,  C.  C.  O. 

Turning  the  key  or  discharging  a  prisoner  in  virtue  of  a  habeas  corpus 

or  by  order  of  the  Court,  Judge,  or  Justice, 62J 

Dieting  a  prisoner  per  day,  allowing  two  pounds  of  bread,  one  and  a 
half  pound  of  beef,  or  one  pound  of  pork,  with  a  sufficiency  of 
water,  all  wholesome  provisions, 46^ 

Turning  the  key  on  commitment  of  any  person, 62^ 

Dieting  negroes,  allowing  one  quart  of 'rice  or  corn  meal  per  day,*  .       15| 

^^^^^^  NOTARY    public's    FEES. 

9.  For  every  protest  and  oath  included,  not  exceeding  sixteen  copy 

sheets  of  ninety  words, 2.00 

Administering  an  oath  in  any  other  case, 25 

For  each  attendance  on  any  person,  to  prove  any  matter  or  thing  as 

Notary  Public,    and  certifying  the  same, 50 

Every    other   certificate, 25 

Noting  a  protest, 1.00 

Registering  a  protest,  per  copy  sheet, •  6J 

Copy  of  a  protest,  per  copy  sheet, .' 6j 

coroner's    FEES.f 

10.  For  summoning  an  inquest  on  a  dead  body,  and  returning  the 
inquisition, 12.50 

For  providing  a  coffin,  and  burial  expenses, 3.75 

^  ^    ,  ,        In  all  other  cases  the  same  as  the  Sheriff. 

Oefk  of  the 

©rdioary.  REGISTER    OF    PROBATE's    FEES.| 

11.  Receiving  application  and  granting  citation, 1.25 

Signing  a  warrant  of  appraisement, 62 J 

Signing  the  pr©bate  of  a  will, 1.25- 

Recording  a  will  or  other  paper,  per  copy  sheet, 7^ 

A  certified  copy  of  a  will  or  other  paper,  per  copy  sheet, 7f 

Receiving    an    appraisement,    and    recording  the    same.     If  under 

100  dollars,.  , 62.^ 

If  above  100  dollars, 1.25*' 

Receiving  an  application,  and  granting  letters  dismissory, 1.25 

Granting    citation   to  show  cause  why  administration  should  not  be 

repealed  or  set  aside, , 2.50 

For  granting  letters  of  administration,  or  letters  testamentary, ....  2.50 
For  entering  a  caveat  against  administration    being  granted,  or  will 

proven, 1.25 

For  every  marriage  license,^ 1.25 

Attending  Judges  for  determining  a  caveat,  per  day 1.25 

Dec.  1318,  tlie  fees  of  County  oHicers,  Jailers  included,  are  increased  25  per  cent,  on 
their  original  fees  heretofore  established  by  law,  previous  to  Isfc  Dec.  1818,  with  a 
general  repealing  clause. 

If  the  Act  of  19th  Dec.  I8l8,  is  in  force,  Jailers'  fees  should  be  increased  7-5  per  cent. 
— 50  under  that  xVct,  and  25  under  Act  of  1819.  Believing  the  Act  of  19th  Dec.  1818, 
repealed  by  Act  of  1819,  and  if  not  repealed,  tiiat  the  third  section  is  unconstitutional, 
from  the  fact  of  differing  from  the  title  of  the  Act,  the  compiler  places  the  fees  of  Jailers 
on  the  same  footing  with  other  County  oiiicers. 

As  to  security  for  jail  fees,  see  "  In&olvent  Debtors,"  sec.  8. 

*No  fees  allowed  to  SheriiF  where  negroes  work  for  him,  see  "Judiciary,"  Art.  "  Of- 
ficers of  Court,"  sec.  392. 

For  fees  for  apprehending  and  keeping  fugitive  slaves,  see  "  Slaves,  Patrols,"  &c, 
sec.  29. 

fSee  sees.  23  and  41.     Se3  also  "Judiciary,"  sees.  272,  275. 

iClerk  of  the  Court  Ordinary;  and  for  some- other  of  his  fees,  see  sec.  18,  33,  37,  and 
note  thereto. 

SAnd  see  Executors  and  Administrators. 


FEES— 1792.  353 


Fees  of  Governor's  Secretaries,  Att'y  and  Sol.  General,  Treasurer,  Jurors  and  Witnesses,  Cl'ks. 
FEES    OF    THE    GOVERNOR'S    SECRETARIES. 

12.  A  copy  of  any  paper,  not  exeeeding  two  copy   sheets, 25    Governor's 

A  copy  of  any  paper,  exceeding  two  copy  sheets,  per  copy  sheet,. .         12 J  ^^"^t^^ea. 
Administering  an  oath  of  office   to  any   person,    where   the  profits 

thereof  amounts  to  upwards  of  107  dollars  and  14  cents  (25/.) 

per  annum,  and  giving  a  certificate  thereof, 1.00 

Certifying  a  copy  or  extract, 25 

For  entering  a   testimonial, 25 

FEES    OF    ATTORNEY    GENERAL.* 

13.  Draw^infT  a  capias    ao-ainst  a   person  indicted,    and  not  bound  Attorneys 
over,  or  against  a  person  presented  by  a  urand  Jury, '^5    ok  General. 

Drawing  a  capias  against  a  defaulting  Juror, 59 

Drawing  an  indictment  against  a  person  presented  by  the  Grand  Ju- 
ry, and  bound   over, 1,00 

Entering  a  noli  'prosequi, 12^ 

Attending  at  Judge's  chambers,  to  take  the    affidavit  of  any  person, 

in  criminal  cases, 1 .00 

Drawing  an  affidavit,  or  any  other   instrument  of  writing,  per    copy 

sheet, 6^ 

For  a  subpoena  in  criminal  cases, 25 

Retaining  fee  against  persons    indicted, 3.00 

treasurer's  fees. 

14     For  every  search^ 12J  Treasurer. 

An  extract, 50 

attorney's  fees. 

15.  [Regulating  attorney's  fees;  to  be  taxed  in  bill  of  costs.  Abol-  Attorney, 
ished  by  Act  of  1847,  ^ec.  50.] 

JURORS    AND    witnesses'    FEES. IN    CIVIL    CASES. 

16.  To  the  Petit  Jury  for  each  cause  tried,  to  be  paid  by  the  plain-  wUii^e"^ 
tiff,  and  taxed  in  the  bill  of  costs, t 3.00 

Special  Jury  for  each  appeal  tried,  to  be  paid  by  the  appellant,  and 

taxed  in  the  bill  of  costs,t 3.00 

To  each  witness  per  day,  for  his,  or  her  attendance,  for  coming  and 
returning,  allowing  30  miles  for  a  day,  not  allowing  for 
more  than  three  witnesses,  to  be  paid  by  tlie  person  summon- 
ing the  same,  and  taxed  in  the  bill  of  costs, 75 

The  witnesses  to  have  the  same  allowance  in  criminal  cases,  where 
the  person  prosecuted  is  found  guilty. j: 

clerks'    FEES. IN    CRIMINAL    CASES. 

17.  Every  writ   and  seal, 31 J   ^''.^'?' '" 

Every  panel  of  a  Jury, 31^ 

Order  for  fine  on  a  Juror,  (unless  excuse  be  made,)  and  entering  the 

same, 31 J 

Ordering  a  fine  peremptory,  entering  and  reading, 31^ 


eases. 


♦And  Solicitor  General,  see  sees.  45,  46  and  52. 

t$3,  by  Act  of  1330,  sec.    38.     In  cases  of  trial  of  ^<  Nuisances,"  see  Act   of  1837, 
this  title,  sec.  43.  ^ 

^Witnesses  for  the   State  attending  out  of  their  Counties  $2,  see  "Evidence,"  sec. 

Witnesses  in  Justice's  Courts  to  receive  nothing  unless  resident  out  of  the  District^ 
eeesec.  33,  this  title. 

Witnesses <it  Courts  Martial  of  officers,  $2.    See  "Militia,"  sec.  116. 

45 


354  FEES— 1792. 


n.*'"*^' 


Fees  of  Clerk — Clerk  Superior  Court  in  civil  cases. 

aia-i      ■                                                      — — ' 

Copying  the  same  for  the  Attorney   General, 31 J 

Fee  on  a  writ  of  capias  and  seal, 3  S  ^ 

The  Clerk's  attendance  in  hearing  a  motion  in  arrest  of  judgment, 
or  at  the  Judge's  chambers  on  a  petition  preferred,  or  a  habeas 
corpus,  or  to  take  the  examination  or  information  of  any  per- 
son,   93^ 

Taking  an  examination,  information,  or  affidavit,  per  copy   sheet,. .  7a 

Drawing   a  warrant, 31;^ 

A  commitment  or    liberate, 31;^ 

Taking  an  acknowledgment    of  bail  before  the  Judge,  or    in  Court, 

and  drawing  recognizance  thereof 62^J 

Every  subpoena  ticket, 15g^ 

Every  indictment,  if  the   criminal  be  found  guilty, 62 J 

Every    arraignment,  or    charging    a  defendant    with    mdictment,  if 

found  guilty, 31  J- 

Entering  a  plea, 15f 

Calling  a  Jury, log- 
Clerk's  attendance  on  every  case  tried, 31 J 

Every  sentence  or  judgment,  and  entering  the  same, 31 J 

Copy  of  every  indictment,  or  other  paper,  (four  pence,) 8J 

Copy  of  judgment  to  the  Sheriff,  and  order  thereon, 31 J 

Calling  a  traverse,  or  discharging  a  recognizance, 31^ 

Recording*  the  proceedings  of  a  cause,  per  copy  sheet, 7^ 

Every  person   acquitted  by  proclamation, 31  j 

Every  search, log- 

A  writ  of  dedimus  potestatem, * »..►..,,..,  1 .25 

Renewal  of  capias 31^ 


FEES  OF  THE  CLERK  IN  THE  SUPERIOR  COURT.   IN  CIVIL  CASES.* 

i«civiicaseal8.     Every  suit  commenced  therein,  if  settled  before  judgment,  and 

each  non-suit 1 .87  J 

For  each  copy  of  a  writ,  where  there  are  more  than  one  defendant, 

after  the  first  copy •  •  •  • 62 J 

Every  suit  so*  commenced  and  prosecuted  to  judgment,  including  ev- 
ery service  to  entering  up  satisfaction 3.75 

For  each  appeal,  if  settled  before  verdict 1.25 

For  each  appeal  prosecuted  to  judgment,  including  every  service  to 

entering  up  satisfaction , 2.50 

For  every  writ  of  subpoena  and  ticket r , 15|> 

For  writ  of  partition  of  land , 3.75 

*See  resolution  of  27th.  November,  1802,  Yol.  II.  677,  as  to  allowance  of  compensa- 
tion for  extra  services. 

The  compiler  adds  the  following  fees,  being  of  frequent  occiu'rence  : 
Recording  proceedings  in  civil  cases,  for  every  100  words  (Judiciary  Act  of 

1799) 12i 

For  Altering  and  filing  receipt  given  by  any  County  officer  for  public  money. 

Act  of  1820,  "  County  Ofhcers," 12j 

Por   every  inspection  of  books  of  accovmt  of  public  money,  Act  of  1831, 

"  County  Funds,"  &c 25 

Por  recording  articles  of  partnership  under  the  law  regulating  limited  pai-t- 

nersmps 5.00 

For  enter/ng  pfttition  and  order  for. incorporation  and  furnishing  certified  copy 

thereof  (see  Act) , 5.00 

For  same  in  change  of  names  (see  Act) l.OO 

For  publishing  any  bill,  process,  order,  &c.  in  Eq[uity,  Act  of  1838,  *'  Jiidici- 

ary," • 5.00 

Fo;  recording  notice  of  masons'  and  carj^enters'  lien,  (see  Act,) ^.  oQ 

In  trial- of  "Nuisances,"  see  Act  of  1837,  this  title. 

For  rule  vs.  garnishee,  "  Attacliment  and  Garnisliment,"  sec.  44- 1.00 


FEES— 1792,  355 


Clerk  of  Inferior  Court — (Jierk  of  House — Secretary  of  Senate — Constable. 


For  issiiincr  a  commission  to  examine  witnesses ••••....  1.25 

For  making  out  letters  of  guardianship,  and  taking  security 1.25 

For  every  order  for  the  sale  of  land  and  copy  thereof, 62J 

Recording  any  instrument  of  writing,  per  copy  sheet 7| 

Each   search 15| 

A  certified  copy  of  any  record,  per  copy  sheet 7| 

For  every  foreclcsure  of  any  mortgage,  and  recording«proceedings.  1.25 
Every  inquiry  of  title  respecting  property  levied  on  by  the  SiierifF,  and 

claimed  by  a  third  person « 1.25 

For  every  tavern  license,  including  every  service  therein 1.25 

CLERK  OF  THE  INFERIOR  COURT.*' 

19,  For  each  cause  settled  before  iudgmcnt,  and  each  appeal  to  the  p'"!^''^ '^^  ,^^® 

^  .  _  Jo'  ri  inf.  Court. 

Superior  Court 1-'^7J 

For  each  copy  of  a  writ,  where  there  are  more  than  one  defendant, 

after  the  first  copy G2A- 

Each  cause  commenced  tlierein  and  prosecuted  to  judgment,  not  ap- 
pealed from,  including  every  service,  to  entering  up  satisfaction.  3.75 
For  subpa3na  tickets,  commissions,  and  letters  of  guardianship,  and 
inquiries  respecting  property  claimed,  nonsuits,  and  a:iy  other 
service  performed,  the  same  fees  as  allowed  to  the  Clerk  of  the 
Superior  Court. 

Each  appeal  prosecuted  to  judgment  from  a  Justice's  Court 1.25 

If  settled  by  the  p  uties 62  J 

Including  every  service  to  entering  satisfaction. 

FEES  OF  THE  CLERK  OF  THE  HOUSE  OF  REPRESENTATIVES,  AND  THE  SECRE- 
TARY OF  THE  SENATE. 

20,  For  every  extract  of  a  private  nature,  per  copy  sheet. 6^  ^u^^  ^^r 

For  certifying  an  extract  of  a  private  ufiture. 25    Rrprosenta 

For  an  act  passed  for  the  benefit  of  an  individual,  or  to  incorporate  a  spcrt't;uy**of 

private   society i 2.00    fc^enate. 

FEES    OF    A    CONSTABLE. t 

21,  Serving  a  warrant,  summons,  or  attachment,  in  civil  cases.  . . .         ^1 J RcrastaJ)ie 
Summoning  every  witness ?A^ 

*The  folIo^Ting  fees  are  collectcil  for  convenience  of  reference  : 

Oa  every  estray  iiorse,  mule  or  asa',  for  every  legal  service  required 1.06^ 

"  <'       bull,  ox  or  cow,  "  «  «»  03| 

"  "       goat,  hog  or  sheep        "  «<  "  3l| 

Kctailer's  bond G:l^ 

"  license , 62-^ 

Copying  and  administering  oath  to  retailer ol^ 

For  registration  of  free  persons  of  color,  every  legal  re.p.irement  included 5.00 

For  each  peddler's  hccnse 1.00 

Fees  of  trial  of  slaves,  see  sec.  36,  this  title. 

In  cases  of  nuisance,  see  Act  of  iS-ST,  this  title,  sec.  43. 

tThe  follo'.ving  foes  of  a  Constable  are  collected  here  for  convenience  of  reference  ; 

IX  CIVIL  CASES. 

For  each  additional  copy  of  summons,  warrant  and  attachment i. .  3 1 1 

For  each  cause  tried  by  a  Justice  or  a  Jury , .  31  ^ 

For  attending  each  trial  in  a  Justice's  Court 31^ 

For  summoning  a  Jury - 6- i 

For  levying  and  advertising  an  attachment ,  3'^ 

For  levying  a  ca.?a  or  ,/z.  fa.  and  advertising SlJ 

For  carrying  a  negro  under  execution  to  and  from  jail,  per  mile 5     • 

For  keeping  a  horse,  mare,  mule,  ass  or  ox,  per  day l-f| 

For  each  head  of  neat  cattle,  j)er  day jSl 

For  each  head  of  sheep,  goats,  or  hogs,  per  day ^ 

On  all  sales  made  by  him  O^-  per  centum  on  umciMit  of  gales. 


356  ■    FEES— 1792. 

Powdsr  Receiver,  &c — Overcharges. 

For  attending  a  Grand  Jury,  for  each  bill  found,  to  be  paid'  by  the 

delinquent 31^ 

Serving  a  warrant  in  criminal   cases 1.25 

For  carrying  a  prisoner  to  jail,  per  mile,  two  pence 4§^ 

For  keeping  and  maintaining  a  prisoner  before  examination,  not  ex- 
ceeding twenty-four  hours 46g- 

^EES  OF  THE  POWDER  RECEIVER. 

Powder  Re- 22.     Every  barrel  of  powder  of  100  pounds  weight  lodged  in  the 

'^^^^®^'  public  magazine,  and  delivered  out,  to  be  paid  by  the  owner.  . . .       37^ 

And  in  proportion  for  any  other  quantity, 
inwjiatcas-      23.   Sec.  II.     Noiie  of  tliG  fecs  hereinbefore  set  down  or  express- 
ucte^e'ac-  ^^j  sliall  in  any  case  (Jailer's  fees  for  dieting  prisoners,  and  Coroner^s 
S"fec?^^     fees  for  summoning  an  inquest,  and  returning  an  inquisition,  and 
providing  a  coffin  and  burial  expenses   of  a  person  found  dead,  and 
the  Sheriff's  fees  for  executing  a  criminal,  excepted)  be  charged  to 
the  public,  for  or  on  account  of  any   inability  in  the  person  who 
ought  to  have  paid  the  same.* 
PaMteoffi-       24.   Sec.  III.     Every  public  officer  and  person  herein  mentioned, 
Tstotonent  0^  their  deputy  or  agent,  and  every  person  acting   as  such,  shall,  if 
ceSfoSeir  tliereuuto  required,  be  obliged  to  give   a  statement  of  the  fees  de- 
fees.  manded,  and  a  receipt  for  the  same,  to  any  person  paying  any  lawful 

or  pretended  fee  or  fees  of  office,  claimed  by,  and  paid  to  any  such 
public  officer,  or  person  hereinbefore  mentioned,  his  deputy  or  agent, 
or  person  acting  as  such,  under  pain  that  every  public  officer,  or  per- 
son hereinbefore  mentioned,  his  deputy  or  agent,  or  person  acting  as 
P6iflaity.  such,  sliall,  for  every  neglect  or  refusal,  forfeit  the  sum  of  25  shill- 
ings, v/itli  costs  of  suit,  to  be  sued  for,  recovered,  and  applied  in 
fi-ovEbov;  manner  hereinafter  directed :  Provided  always,  fievertheless,  that  all 
suits  and  actions  whi'ch  shall  be  brought  or  commenced  by  virtue  of 
this  Act,  shall  be  instituted  before  the  end  of  twelve  months  ;  and 
not  otherwise. 
To  forfeft  ^^'  Sec.  IY.  If  at  any  tim.e  after  the  passing  of  this  Act,  any 
iSrdilr^?  P^^^^^  ofllcer  or  person  herein  mentioned,  or  his  deputy  or  agent,  or 
any  person  acting  as  such,  shall,  under  pretence  of  any  matter  6j 
thing  done,  transacted,  or  performed  by  any  such  public  officer,  or 
person,  or  his  deputy  or  agent,  or  any  person  acting  as  such,  demand 
any  other  or  greater  fee  than  is  set  down  in  the  table  hereunto  an- 
nexed, every  such  person  so  offending  shall,  for  every  such  offence, 
forfeit  and  pay  fourfold  to  the  party  aggrieved,  for  the  sum  so  unjustly 
demanded  or  taken,  to  be  recovered  with  cost  of  suit,  before  any 
Justice  of  the  Peace :  Provided,  the  sum  does  not  exceed  his  juris- 
diction, or  in  any  Court  of  record  within  this  State. f 

Attending  Superior  and  Inferior  Court,  per  day 1.00 

f^nmnioning  a  Jury  on  inquest v- » 1.00 

Each  execution  collected  on  do.  see  "  Judiciary,"  sec.  272 S^ 

IN    CEIMINAL    CASES. 

For  whipping  a  negro  by  sentence  of  Court 1.3,3 

For  executing  one • i.OG^ 

Attending  a  Grand  Jtirj,  per  day l.ft& 

For  fees  of  Justice.?  of  the  Peace,  see  title  "  Justices,"  &c. 

*How  the  property  of  the  delinquent  is  to  be  secured  to  satisfy  the  fees,  see  *'  Fe&si 
Laws,"  sec.  392,  393,  401. 

fSee  also  "Penal  Laws,"  sees.  194,  195.     See  also  sec.  32,  Si. 


FEES— 1792.  357 


Table  of  fees — Overcharging — Witness  in  Justice's  Courts. 


26.  Sec.  Y.     Every  public  officer,   or  person,  herein  named,  and  Tables  of 
every  deputy,  agent,    or  person  acting  as  such,   shall  within   ninety  ffjriJTpubS 
days  after  the  passing  of  this    Act,  cause  a   true  and  exact   copy  of  p|Jj|^®^j- ®J 
the  table   or  docket    of  his  fees,    as  the    same  is  established  by  this  ^.^^-  v'^^  ^ay 
Act,  such  table    or  docket  to  be  in  fair   words  and    figures,  without 

any  abbreviation,  except  sums,  to  be  placed  up,  and  to  be  constantly 
kept  in  a  conspicuous  part  of  the  room  or  place  where  he  shall  usu- 
ally execute  the  business  of  his  office  or  employment,  under  pain 
of  forfeiting  fifty  cents  for  each  day's  neglect  of  fixing  up  the  same. 

27.  Sec.  VI.     In   case  any  public  officer,  or  any    person  herein- officers  may 
before  mentioned,  shall  be  sued  or  prosecuted  for,  or  by  reason  of  any  double  costs. 
fee  of  office  whatever,  and  verdict  shall  be  given  for  such  public  of- 
ficer,  or  other  person;  or    if  the  plaintiff  or   prosecutor  shall  discon- 
tinue such  suit  or  prosecution,  or  shall  be  nonsuited,  then  such  pub- 
lic officer,  or  other  person,  shall  recover  double  costs. 

28.  Sec.  VII.     All  fines,    penalties,  and   forfeitures,  incurred  un- now  the 
der  and  by  virtue    of  this  Act,   shall  be    recovered  by   action  in  the  ufbertco^ 
Superior  or  Inferior  Courts,  v/ithout  any  delay  ;  and  shall  be  applied,  ^^^^^j^"'^  ^^ 
one  moiety  to  the  use  of  the   State,  and  the   ether  to    the  person  or 
persons  carrying  on  the  prosecution  to  the  conviction  of  the  offend- 
er ;  (except    such  as   come    within  the  jurisdiction  of  a   Justice  of 

the  Peace,  and  except  also  those  forfeitures,  which  are  declared  pay- 
able to  the  party  aggrieved.) 

29.  Sec.  VIII.     Any  public  officer  who  shall  charge  or    take  fees  officprs  may 
not  allowed  by  this  Act,   shall    on  conviction   thereof  be  dismissed  for  ov"!-^'^ 
from  office.  ,  ^'^^"'-^^"^ 

30.  Sec.  IX.     The   State  fees  in  the  Executive  department  may  ^^^ate  feea  to 
be  paid  in  the  paper  medium  of  this  State.  p.i'r'me- 

31.  Sec.  X.     The  Clerks  of  the  Courts  respectively  shall  make  a  ck% 
return,  on  oath,  of  the  fees  collected  on  behalf  of  the  State,    desig-  gt^te^Sfs 
nating  the  paper  medium  from  the    specie,  received  by    them  previ-  h-retofora 
ous    to  the  passing    of  this  Act,   and  shall  settle  with  the  Treasurer 
^reeably  thereto. 

32.  Sec.  XI.     Any  public  officer  v^^ho  shall  pn^sume,  on  any  pre- officers 
tence  whatever,  to    charge,    demand,  or  receive  fees  for  services  not  servfcT/iiet 
done  or  performed,  every  such  person  so  offending,    shall  forfeit  andj^'^'j^l'^fou^f* 
pay  to  the  party  aggrieved,  fourfold  the  sum  so  illegally  charged,  de-  Jj'i'i'JJs"^^'*^ 
manded,  or  received,  and   shall  be  immediately  dismissed   from  of- 
fice. 

33.  Sec.  XII.     No  Justice  or  Justices  of  the  Peace,  shall  tax  an y  W'tn^s^^es  to 

•'      n '1 VO^  WO  costs 

costs  for  the  attendance  of  witnesses   in  any  cause  tried  before  hinun  JnVtice' 

_      ,1  ^  '  Court. 

or  them."^ 


An  Act  more  effectually  to  provide  for  the  payment  of  Sheriffs^  Jail- 
ers'' and  Coroners''  fees,  lohich  may  he  now  due,  or  ivluch  may  here- 
after become  due  ;  and  for  vesting poivcr  in   the  Iifcrior  Courts  of 

♦Unless  they  reside  out  of  tlie  district.     See  Justices  of  the  Peace,  sec.  ii. 


358  FEES— 1801^'24. 


CouatT  I'ax — Inquest  on  slaves — increase  of  fees — C.  C.  O. 


this  State  for  the  vurvosc  of  curnjivg  this  Act  into  Jull  effect. — Ap- 
proved Dec  5,  1801.'    Vol.  11.  39. 

Tax  to  be  34.  Sec.  I.  From  and  after  the  passing  of  this  Act,  the  Justices 
BiiorifF6%^^^  of  the  Inferior  Courts  are  hereby  required  to  levy  annually,  a  Coun- 
cdrone'i-'r*^  ty  tax,  cqual  to  all  fees  which  are  due  or  ma}^  become  due  to  the 
feea  rcspectivc  SheriiFs,  Jailers,  and  Coroners,  withm  the  several  Counties 

in  this  State,  from  the  insolvency  of  prisoners,  or  for  the  mainten- 
ance of  criminals,  or  in  the  case  of  Cororners,  for  the  payment  of 
all  fees  which  have  or  may  become  due  such  Cororners  for  holding 
inquests  on  the  bodies  of  persons  found  dead,  and  whose  estate  shall 
The  owners  ^royg  insufficient  to  discharofe  the  lesal  fees  :  Provided,  that  all  fees 

to  pay  Coro-  x  o  o  7 

ner'fl  fees  on  for  holdiiig  inqucsts  on  the  body  of  slaves,  shall  be  paid  by  the  OAvn- 
er  of  such  slave  or  slaves ;  and  it  shall  be  the  duty  of  the  coUectOT 
of  the  general  tax,  to  collect  and  pay  into  the  hands  of  the  Clerk  of 
such  Courts,  the  amount  of  taxes  so  assessed  and  collected,  by  order 

Tax,ii()w    of  the  Justices  aforesaid  ;  which  said  amount  shall  be  applied  to  the 

collected  . 

and  applied,  payment  of  such  fees  as  may  or  have  become  due  to  such  Sheriifs 


Jailers,  and  Coroners,  as  aforesaid  ;  and  the  collector  shall  be  allow- 
ed the  same  commissions  and  fees  for  such  collection  as  is  allowed 
by  law  for  the  collection  of  the  general  tax,  and  shall  be  liable  to  the 
same  fines  and  forfeitures  for  any  defaidt,  neglect,  or  improper  coi>- 
duct ;  which  said  fines  and  forfeitures  may  be  imposed  by  the  Jus- 
tices of  the  Inferior  Courts  at  their  discretion. 

Sec.  II.     [Repeals  the  Act  of  1796,  (Vol.  I.  234,)  and  all  other 
repugnant  Acts.] 

All  Act  to  alter  and  ainend  an  Act  entitled  an  Act  to  iyicrease  the 
salaries  of  the  public  ojfxers  of  this  State,  passed  December  8th, 
1818.— Approved  Dec.    16,   1819.     VoL    III.    323. 

Sec.  I.     [See  "  State  Officers,"  sec.  2.] 
Fees  of  35.   Sec.  II.  From  and  after  the  passage  of  this  Act,  the  fees  of  th<3 

Sl-rmised^  several  public  officers  hereinafter  named,  be  and  the  same  are  here- 
25  per  cent  j^y  mcrcased  at  and  after  the  rate  of  25  per  cent,  on  their  original 
fees  heretofore  established  by  law,  previous  to  the  1st  day  of  De- 
cember, 1818,  viz  :  Clerks  of  the  Superior  and  Inferior  Courts, 
Clerks  of  the  Court  of  Ordinary,  Sheriffs,  Receivers  of  Tax  Returns, 
County  Surveyors,  Constables,  Justices  of  the  Peace,  Jailers,  Coro- 
ners, and  Tax  Collectors. 

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


An  Act  to  regulate  the  fees  of  Clerks  of  the  Courts   of  Ordinary^  m 
certahi  cases. — Approved  Dec.  20,  1824.     Yol.  lY.  113. 

Te«.  ofthe  36-  From  and  after  the  passing  of  this  Act,  the  Clerks  of  tho 
oierkincer-(;^ourtscf  Ordinary  in  this  State  shall  be,  and  they  are  hereby  enti* 
prescribed,    tied  to  demand  and  receive  the  fees  heremalter  stated  : 

Issuing  letters   of  guardianship, $1.00 


FEES— 1824-'30.  359 


C.  C.  O. — Jury  fee — Fees  on  'possessory  warrants. 


Taking  a  bond  for  guardian. 


0.50 


Making  out  and  signing  indenture  of  apprenticeship,       .        1.00 
Ride  nisi,  in  each  case,         ......       0.50 

Rule  absolute,  in  each  case,  .  ,         .  .  .0.50 

Issuing  process  against  persons  charged  with  mismanage- 
ment, in  each  case,         .         .  .  .  .  .       0.50 

For  each  additional  copy,      ......       0.25 

Issuing  process  against  persons  in  default,  for  not  making 

returns,  in  each  case      .         .  .  .  .  .0.50 

For  each  additional  copy,     ......       0.25 

For  each  subpoena,       .  .  .         .         .  .     '     .        0. 12 J 

For  entering  an  appeal  and  transmitting  the  proceedings 

to  the  Superior  Court,  .  .         .  .  .2.00 

87.   Sec.  II.     In  all  other   cases,  where  services  are  required    tOjnc«rtain 
be  performed  by  the  several  Clerks  of  the  Court  of  Ordinary  in  this  J*?®^  g*^J*" 
State,  and  no  fees  are  ffiven  by  law,  the  said   Clerks  shall   be  enti- i®/f  »» t'l'fc 

'  O  J  7  ofSup.  C'f.3. 

tied  to  and  receive  the  same  fees  as  Clerks  of  the  Superior  and 
Inferior  Courts  are  allowed  for  similar  services ;  any  law  to  the  con- 
trary notwithstadning.* 


An  Act  to  alter  the  Jurys  and.  Attorney's  fees  in  this  State. — Approv- 
ed Dec.  21,  1830.     Pam.  123. 

38.     In  each  civil  case,   tried  in   the  several    Courts    of  record  of  Jury's  fee  ? 
this  State,  the  Jury  fee  shall  be  three  dollars,  and  the  Attorney's  fee  Attj's,  $3 
shall  be  two  dollars. f 


An  Act  to  ame?i<l  a7i  Act,  efititled  an  Act^  the  moie  effectually  to  qui- 
et and  to  protect  the  possession  of  personal  property,  and  to  prevent 
the  takins;  possessio7i  thereof,  by  fraud  or  tnolence,  passed,  the  25th 
day  of  Dec.  1821.— Approved  Dec.  21,  1830.     Pam.  118. 

Whereas,  it  becomes  necessary  to  establish  and  regulate  the  fees  ^«««  "n;'«^ ' 
of  the  officers,  for  their  services  in  carrying  into  effect  the  above  re-  tion  Act  ot 
cited  Act,  ^^'• 

39.  Be  it  enacted,  That  from  and  after  the  passage  of  this  Act, 
the  fees  of  the  officers  required  to  carry  into  effect  the  before  recit- 
ed Act  shall  be,  for  and  after  the  following  rates,  to  be  paid  by  the 
party  against  whom  the  decision  of  the  Justice  may  be  made,  and 
for  which  execution  shall  issue  as  on  other  judgments  ;  for  affidavit 
to  obtain  a  warrant,  and  making  out  the    same,  sixty-two  and  a  half 

♦The  following  fees  are  added  for  reference  : 

Examining  returns  and  vouchers  m  each  case, 50 

Recording  return  of  account  current, 62i 

Registering  a  birth, ► 25 

Certificate  of  such  registry, 25 

Recording  executors',  administrators',  and  guardians'  bonds, 62i 

Fee '3  on  application  for  guardiansliip,   same  as  for  letters   of  administration,  [see  Ex- 
eutors,  &c.  sec.  162.1 

tAttorneys'  fee  abolished ;    Act  of  1847,  sec.  51. 


360  FEES— 1832-'35. 


.  Fees  on  possessory  warrants — Confession — Coroners'  executions. 

^mmlm,      I  ■       -■■■.—  ■■  —  -■■——,■.■- -,  — »     —  ■  I  ,  ■ ,—      -    ,      ■  ,    ■ ,  I  ,.,, ,,,  —  ,,_>■■■       I         m.r'm.,mm» 

cents  ;  for  trying  the  same,  sixty-two  and  a  half  cents  ;  for  making 
out  a  recognizance,  and  returning  the  same  to  Court,  thirty-one  and 
a  quarter  cents ;  for  making  out  a  commitment,  thirty-one  and  a 
quarter  cents  ;  lor  each  subpoena  for  witnesses,  twelve  and  a  half 
cents ;  the  Sheriff,  or  Constable,  for  serving  a  warrant  upon  the  per-* 
son  or  persons  included  in  the  same,  as  adverse  claimants,  or  offend- 
ers, shall  receive  the  same  fees,  as  allowed  by  law  in  criminal  cases ; 
and  for  taking  the  possession  of  the  property  included  in  the  war- 
rant, shall  receive  the  same  fees  as  allowed  by  law,  in  cases  of  at- 
tachment. 

Sec.  II.     All  laws,  or  parts  of  laws   militating  against   this   Act 
are  hereby  repealed.     , 


An  Act  to  be  entitled  an  Act,  the  more  effectually  to  coinpensate  Ju- 
rors^ and  to  explain.  a?i  Act  assented  to,  the  21st  day  of  Dec.  1830, 
entitled  "  an  Act  to  alter  the  Jwy\s  and  Attorney's  J  ees  in  this  Stated 
Approved  Dec.  24,  1832.     Pam.  114. 

Jury  SI  on  40.  Ou  all  actious  hereafter  to  be  commenced  in  the  Superior  or 
Inferior  Courts  of  this  State,  the  fee  of  the  Jury  shall  be  three  dol- 
lars on  all  verdicts  which  may  be  signed,  and  that  on  all  judgments 
which  may  be  confessed  in  said  Courts,  the  Jury  fee  shall  be  one 
dollar,  to  be  paid  by  the  party  taking  such  verdict  or  judgment,  to 
be  taxed  in  the  bill  of  costs. 

Sec.  II.     [Superseded  by  Act  of  1847.] 

Sec  III.     All  laws  and  parts  of  laws  repugnant  to  this  Act  ar@ 
.hereby  repealed. 


An  Act  to  prescribe  and  point  out  the  mode  of  collecting  Coroner'' s  fees 
in  the  several  Counties  of  this  State. — Approved  Dec.  22,  1835. 
Pam.  90. 

Whereas,  the  laws  of  this  State   defining  the    duties  of  Coroners 

in  taking  inquests  on  the  body    of  a  dead  person,  and   also  defining 

their  fees,  have  not  pointed  out  any  mode  for  the  collection  of  those 

fees  ;  for  remedy  whereof : 

Coroner  may      41.   Sec.  I.     Be  it  cncicted,  S^c.  That  from  and  after  the  passage 

tk*rfor1S*  of  this  Act,  it  shall  and  may  be  lawful  for  the  Coroners  in  this  State 

^^^^'  to  issue  executions  against  the  property  of  the  person  or  estate,  who 

by  the  existing  laws  are  liable,  in  case  of  inquisition,  for  the  amount 

of  his  fees  in  said  case  ;  which  shall  be  directed  to,  and  levied  by  a 

Constable  of  the  Count^^^    under  the  same    rules  and  regulations  as 

prevail  in  Justices'  Courts  in  this  State. 

Sec.  II.     The  Coroner  shall  be  entitled  to  thirty-one  and  a  fourth 
cents  for  issuing  said  execution. 
,   Sec.  III.     [Repeals  all  repugnant  Acts.] 


FEES— 1835-'37.  361 


Criminal  examinations — Slaves — Forcible  entry — Rent — Nuisance. 


An  Act  to  compensate  Magistrates  and  Constables  for  services  re- 
quired  of  them^  ivliich  are  unprovided  for  by  law,  and  have  no 
jiroperty  to  seize  upon  for  the  payment  of  costs. — Approved  Dec. 
26,  1835.     Pam.  143. 

42.   Sec.  I.     From  and  after  the  passage  of  this  Act,  Magistrates 
and  Constables,  for  the   County  or   State,  shall,  in  addition  to  the 
fees  already  allowed,  receive  the  following  fees  for  services  herein- 
after mentioned,  that  is  to  say :  Justices  of  the  Peace  taking  exami-  criminal  ex- 
nations  of  persons  charged  with  criminal  offences  and  witnesses,  ^'^"^^'^'^'^^• 
twenty-five  cents  each  ;  issuing  summons  to  Magistrates  to  attend  on  Trial  of 
the  trial  of  slaves    or  free  persons  of  color,   twenty-five  cents  each ;  ^^'^^'^^ 
Magistrates  for  attending  said  trial,  provided  the  Court  consist  of  not 
more  than  three,  to  be  charged  seventy-five  cents  each  ;    presiding 
with  a  Jury  to  the  offence  of  forcible  entry  and  detainer  under  the  f^^^fJ!^^^' 
fifteenth  section  of  the  ninth  division  of  the  Penal  Code,  seventy- vainer. 
five  cents ;  for  issuing  summons  to  the  party  defendant,  twenty-five 
cents ;  drawing  Jury  and  making  out  vefiire,  fifty  cents ;  for  issuing 
process  under  the   Act  to  amend  the  rent  laws  of  this  State,  passed  Rem  eases. 
December,  1827,  one  dollar  ;  Constables  attending  at  a  Magistrate's  constable's 
office  during  the  examination  af  a  person  charged  with  a  criminal  ^^^'^ 
offence,  seventy-five  cents ;  serving  summons  on  Magistrates  to  at- 
tend trials  of  slaves  or  free  persons  of  color,  twenty-five  cents  each ; 
bringing  up  prisoner  from  jail  for  trial  or  examination,  fifty  cents ; 
attending  on  the   Superior   or  Inferior   Court  while   in  session,  for 
each  day's  attendance,  not  exceeding  four   Constables  on  one  day, 
one  dollar  each  ;  summoning  Jury  under  the  fifteenth  section  of  the 
ninth  division  of  the  Penal  Code,  one  dollar.     , 

Sec.  II.      [Repeals  all  conflicting  Acts,] 


An  Act  to  amc7id  an  Act  passed  the  22<^  December,  1828,  entitled  an 
Act  to  amend  the  twelfth  sectio7i  of  the  7iinth  division  of  the  Penal 
Code  of  this  State,  and  to  provide  for  the  payment  of  costs  in  cer- 
tain cases. — Assented  to  Dec.  25,  1837.     Pam.  189. 

43.  Sec  I.     Be  it  enacted,  That  when  it  may  become  necessary  Fees m  trial 
for  the  Justices  of  the  Inferior  Court  of  the  State  to  cause  a  Jury  to  ^^"""'^"*^'' 
be  drawn,  summoned  and  impaneled,  to  try  a  cause  of  nuisance, 
arising  from  water  machinery,  mill  dam,  or  otherwise,  that  the  Clerk, 
Sheriff,  witnesses,  and  Jurors,  be  allowed  such  fees  in  said  cases,  as 

are  allowed  by  law  in  the  Inferior  Courts  of  this  State. 

44.  Sec  II.     When  any  Sheriff-  or  other  officer,  acting  under  the  For  abating 
order  of  said  Court,  shall  remove  any  nuisance,  machinery,  or  mill 

dam,  he  shall  be  allowed  such  fees  as  the  Court  may  deem  reasona- 
ble and  just. 

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


362  FEES— 1839-'40. 


Fees  on  Scire  Facias — "  JWilla  Bona" — Trial  of  slaves. 


All  Act  to  give  a  ?^etaming  or  tax  fee  to  the  Attorney  and  Solicitor 
General  on  writs  of  scire  facias  and  on  informations. — Assented 
to  Dec.  29,  1839.     Pam.  147. 

sci.  fa.  on  45.  Ssc.  I.  Bc  it  euacffd,  That  in  all  cases  hereafter,  where  any 
ance.  ^  Writ  of  scire  facias  shall  be  issued  to  enforce  a  recognizance,  (on 
Gen.V""'  ^^^  criminal  side   of  the  Superior  Court,)  the  Attorney  General  or 

Solicitor  General  shall  be  entitled  to  a  fee  of  five  dollars,  to  be  taxed 

in  the  bill  of  costs. 
Information       ^^-   ^^^^  ^^'     ^^  ^^^  cascs  whcrc  au  information  shall  be   filed,  or 
SirS'Lnn  ^  '^^^^^'^  facias  shall  be  issued  for  the  purpose  of  procuring  a  forfeiture 

of  the  charter  of  any  corporation,  the  Attorney  General,  [or]  Solicitor 

General  shall  be   entitled  to  fee  of  one  hundred  dollars,  to  be  taxed 

in  the  bill  of  costs. 


cljarter  $100. 


An  Act  to  establish  and  fix  the  fees  of  Shej^iffs,  Constables  and  other 
officers^  in  certain  cases. — Assented  to  Dec.  22,  1840.     Pam.  53. 

Return  of  Whcrcas,  douhts  have  heeii  entertained  in   some  places  whether, 

"''^^^'' *""""  under  existing  laws  of  this  State,  Sheriffs  and  other  officers  are  en- 
titled to  any  fee  or  charge  for  making  the  entry  of  7nilla  bona-  on 
*  executions  which  come  into  their  hands  ;  and  whereas,  it  is  proper 

that  the  law  in  this  case  should  be  settled  and  uniform  ;  therefore — 
47.   Sec.   I.     Be  it  enacted^   That  from   and  after  the  passage  of 
this  Act,  in  all  cases  where  fieri  facias  are  placed  in  the  hands  of 
Sheriffs  or  other  officers  as  aforesaid,  when  no  property  can  be  found 
subject  to  the  same,  and  such  Sheriffs  or  other  officers  shall  make 
such  entry  on  such  fieri  facias  or  such  executions,  he  or  they  shall 
be  entitled  to  the   usual  fee  or  charge  of  a  levy,   any  custom  or 
practice  to  the  contrary  notwithstanding. 

Whereas^  by  the  provisions  of  the  several  Acts  heretofore  passed, 
relative  to  the  trial  of  slaves  and  free  persons  of  color,  it  is  made  the 
duty  of  the  Clerks  of  the  Inferior  Courts  and  Sheriffs  to  perform  certain 
services,  for  which  no  fees  are  determined  by  law — 
pe«s  on  trial      48.   Sec.  II.     Fiom  and  immediately  after  the   passage   of  this 
ofeiaves,&c.^^^^  the  followiug  shall  be   the  fees    of  the  Clerk  in  such  cases,  to 
wit: 

For  attending  the  Court  to  draw  Jury,      .  .'        .         .     $1.25 

For  drawing  up  specifications  of  the  charge,     .  .         .       2.00 

For  attending  each  trial,         ......        1.25 

For  recording  the  proceedings  of  trial,      ....        1.87J 

For  copying  order  or  sentence,  and  delivering  the  same  to 

the  Sheriff, '50 

And  the  following  shall   be  the  fees  of  Sheriffs  in  such  cases,  to 
wit: 
For  summoning  Jury,      .         .         .         .       ,..         .         ,     $4.00 

For  attending  each  trial,  .         .         .         .         .         .       1.25 

For  executing  order  or  sentence  of  the  Court,  the  same  as 
contained  in  the  general  fee  bill. 


FEES— 1840-M9.  363 


No  service,  no  fee — No  Attorney's  fee — Atty.  and  Sol.  Gen. 


An  Act  tn  alter  and  ainend  tJie  eigldh  section  of  the  Judyciary  Act  of 
this  Siute^  passed  16/A  February,  1799,  and  to   define  more  par- 
ttndarly  the  fees  of  Clerks. — Assented  to  Dec.   22,  1840.     Pam. 
113. 

49.  Sec.  I.     Be  it  e?iacted,  That  whenever  a  defendant  or  de- process  may 
fendants  to   any  suits  in  Law  or  Equity  in  this  State  acknowledges  *"^  ^'^'^^* 
service  a,nd  waives  process,  it  shall  not  be  necessary  for  the  Clerk  to 

attach  a  process. 

50.  Sec.  II.     No   Clerk  or  Sheriff  of  the   Superior  or  Inferior  Noserytee 
Court  shall  be  allowed  fees  for  any  services  but  such  as  he  actually  "'''^^* 
performs. 

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


A.71  Act  to  prevefit  the  Clcrhs  of  the  several  Courts  in  this  State 
frovfh  taxing  in  their  hills  of  cost  a  tax  fee  for  the  benefit  of  Attor- 
neys.— Approved  Dec.  28,  1847.     Pam.  57. 

51.   Sec.   I.      Be  it  enacted,   That  it  shall  not  be  lawful   for  the  Atty's  tax 
Clerks  of  this  State  to  tax  in  their  bills  of  cost  two  dollars,  or  any^^*^^'^*^ 
tax  fee  for  the  benefit  of  attorneys,  on  any  suit  commenced  after  the 
passage  of  this  Act,  any  law,  usage   or  custom  to  the  contrary  not- 
withstanding. 


An  Act  to  regulate  the  fees  of  Attoriieys  and  Solicitors  General, 
and  othar  purposes  therein  specified. — Approved  Dec.  20,  1849. 
Pam..  180, 

52.   Sec  I.     Be  it  enacted,  From,  and  after  the  passage   of  this  soi.  Gen. 
Act,  that  out  of  any  moneys  arising  from  fines  imposed,  inflicted,  orhaveVS 
collected  on  forfeited  recognizances  in  the  Superior  Courts  of  this  *^°^*p^'^^^ 
State,  or  for  violation  of  the  Penal   Laws  thereof,  the  Attorney  or 
Solicitor  General  bringing  the  money  into  Court,  shall  be  entitled  to 
have  his  insolvent  list  for  costs  first  paid,  then  the  orders  of  former 
Solicitors  to  be  paid  according  to  priority  of  claim. *^ 

Sec  II.     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 
1790,  Watk.  418 ;   1804,  Vol.  IL  178.] 

*See  "  Penal  Laws,"  sec.  416,  as  to  costs  of  Clerks  and  manner  of  payment. 
[1.]  Otherwise,  prior  to  this  Act.    2  Kelly,  282. 


364 


FOREIGNERS.— 1785. 


Kiglits  and  privileges  of  aliens. 


FOREIGNERS.' 


Sec.  1.  Rights  of  aliens. 

"  2.  Privileges  and  disabilities. 

"  3.  Persons  excepted. 

"4.  Foreign  education. 

"  5.  Mortgages  to  aliens. 

"  6.  French  subjects. 


Sec.    7.  Transported  felons. 
"     8.  Military  duty. 
"     9.  Further  privileges. 
'•   10.  Females  and  Minors. 
'*  11.  Dying— no  escheats. 


A?i  Act  fo7^  ascertahiiiig  the  rights  of  Aliens,  and  j)oi?iti7ig  out  a  mode 
for  the  admissio7i  of  Citizeiis. — Approved  Feb,  7,  1T85.  Vol  I. 
38. 


Whereas,  the  many  advantages  and  peculiar  blessings  which  this 
State  enjoys  may  induce  foreigners  to  apply  for  a  participation  there- 
of; And  lohereas,  it  is  the  intention  of  the  Legislature  to  confer  those 
benefits  on  all  such  as  may  apply  and  do  merit  the  same : 

1.  Sec.  I.  Be  it  enacted,  ^"c.  That  all  free  white  persons,  being 
Ki^htB  of  aliens,  or  subjects  of  any  foreign  State  or  Kingdom  at  peace  with  the 
aliens-how  United  States  of  America,  who  shall  register  or  enrol  their  names  in 

the  office  of  the  Clerk  of  the  Superior  Court  of  the  County  where 
May  acquire  sucli  aliens  purposc  to  rcsido,  may  be,  and  they  are  hereby  vested 
personli'^  with  tlic  rights  and  privileges  of  acquiring,  possessing,  or  holding, 
pruperty,  and  Selling,  devising,  or  otherwise  disposing  of  all  kinds  of  personal 
property,  and  renting  houses  or  lands  from  year  to  year,  and  shall 
have  the  right  of  suing  for  all  such  debts,  demands,  or  damages,  other 
for  real  estate,f  as  may  arise  or  have  arisen  since  the  12th  day 
of  July,  1782,  either  personally,  or  by  attorney,  or  otherwise,  and  in 
ease  of  death,  by  his,  her,  or  their  executors  or  administrators. 

Sec.  II.  [Prescribes  the  mode  of  naturalization— superseded  by 
the  Constitution  of  the  United  States,  Art.  I.  Sec.  8.] 

2.  Sec.  III.  Provided  always,  and  be  it  enacted,  That  no  such 
person  shall  be  a  member  of  the  General  Assembly,  or  of  the  Execu- 
tive Council,  or  hold  any  office  of  trust  or  profit,  or  vote  for  members 
of  the  General  Assembly  for  the  term  of  seven  years,  and  until  the 
Legislature  shall,  by  a  special  Act  for  that  purpose,  enable  such  per- 
son so  to  do  :  And  provided  also,  that  all  such  ali,ens  or  persons  afore^ 
said,  shall  be  subject  and  liable  to  pay  sucli  alien  duties,  as  have  been 
heretofore  or  may  hereafter  be  imposed  by  the  Legislature. 

tiiTbm^T^       3.   Sec.  IT.     No  persons  on  any  Act  of  confiscation  and  banish- 
e.5nfiscation  mciit  iu  this  or  either  of  the  States,!  nor  any  persons  who  have  borne 

and  baiiish- 

availthem-        *  As  to  lands  devised  to  Aliens,  see  "Escheats,"  11. 
selves  of  tlie      Exempt  from  militia  duty,  see  "  Militia,"  sees.  65  and  66. 

rights  grant       fBut  as  to  British  subjects,  see  the  Dtli  article  of  the  Treaty  of  Amity,  Commerce  and 

ed  to  alien*.  Navigation,  with  thac  Power,  dated  19th  November,  179     .  '[Statutes  at  Large,  8   Vol. 

122.]  And  as  to  Spanish  subjects,  see  the  11th  article   of  the  treaty  of  20th   October, 

1795,  [Statutes  at  Large,  8  Vol.  144.]  And  see  further  as  to  aliens,  Tucker's  Biackstone, 

^  Vol.  I.  part  2d,  note  L. 

jSuch  persons  are  also  excluded  with  others  from  the  naturalization  Act  of  Congre^ 
(sec.  4,)  of  April  14,  1802.  [Statutes  at  Large,  2  Vol.  154.] 


and  may  sue 

tVr  debts 

tUat  have         ^ 

arisen  since  tuau 

12th  July, 

1782. 


Privileges 
and  disabili- 
ties of  such 
persons. 


FOREIGNERS.— 1785.  36i 


Disabilities  of  persons  educated  abroad — Mortgages  to  aliens. 


arms  against  this  or  the  United  States,  that  were  citizens  of  this  or 
either  of  the  said  States,  during  the  war,  shall  avail  him  or  them- 
selves of  any  of  the  rights,  privileges,  or  immunities  intended  to  be 
given  or  conferred  by  this  Act,  except  such  persons  as  may  have 
availed  themselves  of  coming  in  during  the  late  war,  under  certain 
proclamations  issued,  and  that  may  have  been  adopted  and  sanction- 
ed by  the  Legislature  :  Provided  liketvise,  that  this  Act  shall  in  nowise 
extend,  or  be  construed  to  extend  to  oblige  ?uch  persons  who  may 
have  applied  to  become  citizens  of  this  State,  to  undergo  the  proba- 
tion herein  set  down  or  contained. 

4.   Sec.  Y.     If  any    person   or   persons  under  the  as^e  of  sixteen  Disabilities 
years,  shall,  alter  the  passmg  oi  this  Act,  be  sent  abroad  witnout  the  educated  in 
limits  of  the  United'  States,  and  reside  there  three  years,  for  the  pur-  tdS."'"^^'" 
pose  of  receiving  an  education  under  a  foreign  power,  such  person  or 
persons,  after  their  return  to  this  State,  shall  for  three  years  be  con- 
sidered and  treated  as  aliens,  in  so  far  as  not  to  be  eligible  to  a  seat 
in  the  Legislature  or  Executive  authority,  or  to  hold  any  office,  civil 
or  military,  in  the  State  for  that  term,  and  so  in  proportion  for  any 
greater  number  of  years  as  he  or  they  shall  be  absent  as  aforesaid, 
but  shall  not  be  injured  or  disqualified  in  any  other  respect. 


An  Act  for  the  security  of  Foreigners,  who  may  Und  money  at  inte- 
rest., on  real  estates. — Approved  Feb.  21,  1785.     Vol.  I.  243. 

Whereas,  the  borrowing  of  money  on  interest  from  foreigners  may 
benefit  this  State,  and  it  is  but  reasonable,  that  any  foreigner  lending 
money  should  be  secured  on  real  estates  by  way  of  mortgage,  and  at 
liberty  to  institute  suits  for  the  recovery  of  all  sums,  as  well  principal 
as  interest,  so  loaned  : 

5.   Sec.  L     Be  it  enacted,  <^c.  That  it  shall  and  may  be  lawful  Fc^reigners 
for  every  and  ail  persons,  being  aliens,  to  lend  money  at  an  annual  tTkemSt^^^ 
interest  of  seven  per  centum  on  freehold  or  leasehold  security,  by  way  -°^  ^^  H'"'^ 

fi^-V  SGCTiritv 

of  mortgage,  on  any  estate  within  this  State,  and  such  money,  whe-  of  money 
ther  the  Kingdom  or  State  of  which  such  money-lender  is  a  subject  to  foreciS^ 
or  alien,  shall  be  at  peace  or  in  war  with  the    United   States,  to  re-  ^"^^  ^'^™^* 
cover,  sue  for,  by  attorneys,  or  otherwise  in  the  Courts  of  this  State, 
and  vvrhere  judgment  is  obtained,  execution  shall  be  awarded  for  the 
sale  of  such  mortgaged  premises,  for  payment  of  the  debt  and  inte- 
rest due  thereon,  with  costs  of  suit,  as  is  common  with  the   citizens 
of  this  State,  (except  such  foreigner  be  entitled  to  the  right  of  entry 
or  actual  possession  of  any  such  mortgaged  premises  by  purchase,  or 
by  any  process  for  foreclosing  any   Equity  of  redemption,  by  order 
of  any  Court  wh^ltever,)  any  law  or  custom  to  the  contrary  notwith- 
standing.* 

Sec.  IL  [Declaring  this  a  public  Act — see  Evidence,  23  ;  making 
all  Acts  .public,  if  published  by  authority.] 


*See  further,  Act  of  1849,  seo.  9. 


366 FOREIGNERS.— 1785— 1787. 

French  subjects — Felons  trrnspoited  for  crimes. 


An  Act  to  enable  the  subjects  of  his  most  Christian  Majesty,  to  traris^ 
fer  and  settle  such  of  their  estates  and  property  as  is  or  shall  happcfi 
to  fall  within  this  State;  and  also  to  perfect  the  Grant  o/' 20,000 
acres  of  bnid  in  this  State,  to  the  Vice- Adriural  the  Count  D'Es^ 
tains^,  and  to  encourage  the  settlement  thereoj. — Approved  Feb.  22, 
1785.     Vol.  I.  243. 

Whereas,  the  Congress  of  the  United  States  of  America  on  the  14th 
day  of  January,  1780,  did  resolve,  That  it  be  recommended  to  the 
Legislatures  of  the  aforesaid  United  States,  to  make  provision,  where 
not  ah'eady  made,  for  conferring  on  the  aforesaid  subjects  of  his  most 
Christian  Majesty,  the  privilege  of  disposing  and  settling  their  estates 
agreeably  to  the  form  and  spirit  of  the  13th  article  of  the  treaty  of 
amity  and  commerce  between  his  most  Christian  Majesty  and  the 

French  Bub- United  States  of  America, 

jectsenahied      Q^    Sec.  1.     5e  z7  e/i^/c/^cc?,  (^6".  That  tlic  subjccts  of  his  most  Qhrls- 

to  dispose  of  .  '    >'  "^ 

their  estates,  tian  Majcsty  sliall  be,  and  they  are  hereby  empowered  to  transfer  and 
made  de-''    disposc  of  sucli   of  their  estates  and  property  as  shall  happen  to  be 
accordini  to  within  the  limits  of  this  State,  and  that  the  estates  and  property  of 
Fmlfce.^ndS'^ch  of  Said  subjccts  as  are  or  may  be  deceased,  and  who  were  not 
such  sub-     citizens  of  this  State,  beins:  within  the  State,  shall  descend  to,  and 
tied  to  all    become  the  estate  of  the  heirs  and  legal  representatives  of  such  de- 
spcHficd^:n  ceased  person,  according  to  the  laws,  usage  and  custom   of  the  king- 
the  treaty,    j^^^   ^£  Fraiicc  relative  thereto,  and  such  estate  so  descending  shall 
and  may  be  settled  agreeably  to  the  laws  that  are  or  shall  be  made 
relative  thereto,  without  being  obliged  to  obtain  letters  of  naturaliza- 
tion :  and  that  the  aforesaid  subjects  of  his  most  Christian  Majesty 
shall   have,   hold,  and  enjoy,  on  theif  part,   within  this  State,  the 
privileges  and  immunities  mentioned  in  said  articles  of  treaty,  accord- 
ing to  the  form  and  spirit  thereof. 

Se3.  XL      [Private;  relative  to  Count  D'Estaing.] 
Sec.  III.      [Superseded  by  Constitution  of  the  Unite.d  States  and 
Natura-lization  Laws.] 


An  Act  to  prevent  Felons,  transports  from  other  States,   coming  into 
or  residing  in  this. — Approved  Feb.  10,  1787.   Yol.  I.  234. 


Felons 
transported 


from^iher        7:     lu  Order  to  prevent  the  dangerous  evils  arising  from  the.  com- 
•  hielSie'to  munication   with  felons,  transported  from  other  States  or  Nations, 

any  ofrice,    wlicrebv  the  uiorals  of  many,  who  would  other vvase  be  s^ood  citizens, 

or  privilege  •'  r  i    •  t         i  /•  i  •  f 

of  a  fr^cinaii  may  be  corrupted,  1  hat  irom  and  immediately  alter  tne  passing  of 
tate.  ^^^^^  j^^^^  ^^^  person  or  persons,  felons  from  other  Countries  or  States,* 
transported  or  banished  from  the  same  for  any  crime  or  charge  what- 
ever, shall  be  eligible  to  any  post  or  office  of  trust  or  profit,  or  be 
Otherwise  entitled  to  any  of  the  privileges,  immunities,  or  liberties  of 
a  freeman  "or  fi-eemen  of  this  State  ;  and  on  proof  of  the  same  by  one 
legal  evidence,  or  by  the  authentic  certificate,  under  seal  of  any  State, 

*Froi2i  oilier  States  of  the  Urion,  see  ♦*  Penal  Laws,"  sec,  382, 


FOREIGNERS— 1818-'49.  367 

Military  cUxty — Privileges  of  alien  tiling  his  declaration. 

Nation,  Corporation,  or  Court,  from  whence  he,  she,  or  they  may  be 
banished  or  transported,  such  felon  or  felons  shall  be,  by  warrant  and 
mittimus,  under  the  hand  of  the  Chief  Justice  of  the  State,  or  one  of 
the  Justices  of  the  Court  where  such  proof  shall  be  established,  com- 
mitted to  the  common  jail  of  the  County,  without  bail  or  main  prize,  rj,^,,,^  ^^^_ 
there  to  remain  until  a  convenient  opportunity  may  be  procured  by  i"i[!f^jj*°j,^. 
the  Honorable  the  Executive,  to  ship  or  otherwise  send  off  such  felon  pod  or  sent 
or  felons,  from  and  without  the  limits  of  this  State,  never  thereafter"" 
to  return.     And  in  case  such  felon  or  felons  should,  after  such  ship- ^^^  ^^^^^j. 
ping  or  sending  off,  return  within  the  limits  of  the  same,  he,  she,  or  death  on  r©- 
they   shall,    on  conviction,   suffer  death  without  benefit  of  clergy  ;  r>ut  have  fn 
Provided  nevertheless,  on  such  first  proof  of  transportation,  such  of- stancenie"" 
fender  or  offenders  charged  as  felons  as  aforesaid,  shall  not  be  debar- [J?|J^^^"^"'^ 
red  the  right  of  trial  by  Jury,   and  shall  be   allowed  every  right  of 
evidence  to  counteract  such  proof. 


All  Act  to  exempt  from'  Military  Diitij,  ceriain  individuals  not  citizens 
of  the  United  /s^a^cs.— Approved  Dec.  19,  1818.     Vol.  HI.   43. 

Whereas,  it  is  deemed  grievous  and  oppressive,  that  individuals, 
not  citizens  of  the  United  States,  and  who  are  subjects  of  a  foreign 
Government,  and  only  temporary  residents  in  this  State,  for  commer- 
cial and  other  purposes,  and  who  do  not  intend  to  settle  or  reside  in 
this  State,  (^r  become  citizens  thereof,  should  be  considered  liable  to 
such  military  drafts,  as  may  from  time  to  time  be  made  upon  the 
militia  of  this  State,  and  particularly  where  such  subjects  belong  to 
governments  whose  laws  do  not  recognize  such  military  liability,  or 
exact  such  military  duties  from  the  citizens  of  the  United  States  :      Firei^ners 

8.   Be  it  enacted,  ^'6'.   That  such  individuals,  subjects  as  aforesaid,  ^l'^p|.'^['^®  *^ 
of  a  foreign  government,  shall  be,  and  they  are  hereby  declared   to 
be,  exempted  from  all  military  duty  in  the  militia  of  this  State,  and 
from  all  military  drafts  which  may  hereafter  be  made,  any  law  to  the 
contrary  notwithstanding.     Provided  hoioever,  that  this  law  shall  not  I'ocai'  miiita 
be  so  construed  or  operate,  as  to  extend  to  their  liability  to  perform '^'^"^^^' 
certain  local  dnties  within  the  several  Counties  in  which  they  reside,  proviso> 
such  as  the  repelling  of  local  invasions,  extinguishing  conflagrations,  Jj*;,]|^"^.,^ 
putting  down  insurrections,  and  the  like  :   And  provided  also,   That  iecipr.cai. 
it  shciU.  not  extend  to  such  individuals,  Vv^io  are  subjects  or  citizens 
of  a  foreign  Government  or  State,  the  laws  of  which  said  Government 
or  State,  do  not  extend  a  similar  and  co-extensive  exemption  to  the 
citizens  of  the  United  States. 


An  Act  to  authorize  aliens  to  receive,  purchase,  hold  and  convey,  raort- 
gage  or  devise  real  estate, — xipproved  Dec.  21,  1S49.     Pam.  46. 

9.  Sec.  I.  Be  it  enacted,  That  w^ien  any  adult  male  alien  citizen  Aiieu  ming 
has  come  or  shall  come  into  this  State  to  reside,  and  has  given  or  li'^ofiSt^ 
shall  give  notice  of  his  intention  to  become  a  citizen  of  the  United  ?'''"  "''»y  ' 

->  1  •  .   .  .  Hold, 

btates,    accordmg   to    the   provisions  oi   the  Acts  oi  Congress,  such 


368 


HEALTH  AND  aUAEANTINE  LAWS.— 1793. 


Quarantine,  when  and  how  performed. 


Cnnvej',  de- 
vise or  mort- 
gtAHe  real 
estate. 


Female  and 
minor  jiliens 
may  do  the 
same. 


Dying,  the 

land  does 
not  escheat. 


aliens  shall  be  authorized  to  receive  purchase,  and  hold  real  estate 
as  fully  and  completely  as  if  he  were  a  citizen  of  the  United  States, 
and  after  he  shall  have  become  a  citizen  by  taking  the  oath  of  allegi- 
ance in  the  manner  prescribed  by  said  Acts  of  Congress,  shall  be  au- 
thorized to  convey,  devise,  or  mortgage  the  said  real  estate  or  any 
part  thereof. 

10.  Sec.  H.  All  adult  female  aliens  and  all  minor  aliens  coming 
into  this  State  to  reside,  shall  be  authorized  to  receive,  purchase,  and 
hold  real  estate,  females  to  convey,  devise  or  mortgage  the  same  with- 
out restriction  upon  their  right  to  do  so,  and  with  the  same  power 
as  to  disposal  thereof  iri  males  when  they  become  citizens  of  the 
United  States. 

11.  Sec,  IIL  In  case  of  the  death  of  any  such  male  alien  before 
he  shall  become  a  citizen  of  the  United  States,  the  real  estate  held  by 
him  shall  not  escheat,  but  shall  be  disposed  of  as  is  provided  by  ex- 
isting laws  when  land  is  devised  to  or  descends  to  aliens.* 


HEALTH  AND  Q.UAllANTINE  LAWS. 


See.  1.  Quarantine,  how  performed. 
•'     2.  Violations  punished. 
«'     3.  Persons  going  on  board. 
*'     4.  Boats  violating. 
*'     5.  Vessels  reheved. 
*«     6.  Contagious  disorders. 
"     7.  Duty  of  pilots. 
"     8.  Governor's  proclamation. 
«     9.  Fees  of  health  officers. 
<•  10.  Repealing  clause. 
"  11.  Jurisdiction  of  Savannah. 
««  12.  Powers  of  Council. 
*'  .13.  To^vn  Commissioners. 
«  14.  Lifected  persons. 


Sec. 


16. 
17. 
18. 
19. 
20. 
21. 
22, 
23. 
24. 
25. 
26. 
27. 
28. 


Infected  vessels. 

Re-enacting  clause. 

Reports  of  masters. 

Their  bonds. 

Violation — j)enalty. 

Householders'  report. 

Penalties,  how  recovered. 

Compounding. 

Lien  on  ship. 

Laws  extended  to  Darien, ' 

Physicians  concealing  disease. 

Lazaretto. 

Inferior  Court's  duty. 

Vaccine  matter. 


An  Act  to  oblige  Vessels  and  persons,  coming  from  places  infected 
with  epidemical  distempers,  to  perform  quarantine,  and  to  prevent 
the  bringing  in  and  spreading  malignant  and  contagious  disorders 
in  this  >S'/6i^e.t— Approved  Dec.  14,  1793.     Yol.  I.  392. 


Whereas,  it  is  highly  necessar}^,  to  preserve  the  health  of  the  in- 
habitants of  this  State,  that  vessels,  persons  or  merchandize,  coming 
from  places  infected  with  malignant  or  epidemical  distempers,  should 

«Por  these  provisions,  se^  title  *'  Escheats,"  sees.  11  to  14. 

fAct  of  1767,  directing  land  to  be  purchased  on  Tybee  Island  for  a  Lazaretto,  see 
ToL  I.  344.     See  also  9e<j.  25. 


HExiLTH  AND  aUARANTINE  LAWS— 1793.  369 

Quarantine,  when  and  how  performed — Violation  and  punishment. 

perform  quarantine,  and  means  adopted  to  prevent  the  spreading  of 
such  disorders. 

1.  Sec.  I.     Be  it  cfiaded,    &*c.  That  when  any  country  shall  be  <^''arantine, 

^  ,         .  ,       ,  1  ,  T  T  n  1      when  and 

mfected  with  the  plague,  or  other  malignant  distemper,  all  vessels,  h<w  to  be 
boats,  persons,  and  goods,  shall  be  subject  to,  and  be  liable  to  per-  ^"^^  ^'""'^  ' 
form  quarantine,  as  in  this  Act  directed,*  and  during  such  quarantine, 
no  person  or  persons  coming,  or  goods  imported  in  any  such  ship, 
vessel,  or  boat,  shall  come  on  shore,  or  go  on  board  any  other  ship, 
or  vessel,  or  boat,  or  be  landed  or  put  into  any  other  ship  or  vessel, 
or  boat,  in  any  place  within  this  State,  other  than  such  place  as  shall 
be  appointed  for  that  purpose ;  nor  shall  any  person  go  on  board  any 
such  ship,  or  vessel,  or  boat,  without  license  first  had  and  obtained, 
in  writing,  under  the  hand  of  such  person  or  persons  who  shall  be 
appointed  to  see  quarantine  performed;  and  the  said  ships,  or  ves- 
sels, or  boats,  and  the  persons  and  goods  coming  and  imported  in,  or 
going  on  board  the  same,  during  the  time  of  quarantine ;  and  all 
ships,  vessels,  boats,  and  persons,  receiving  any  persons  or  goods  un- 
der quarantine,  shall  be  subject  to  such  orders,  rules,  and  directions, 
touching  quarantine,  as  shall  be  made  by  the  authority  dii-ecting  the 
same. 

2.  Sec.  II.     If  any  commander,  or  master,  or  other  person  taking  au  persons 
the  charge  of  any  ship,  or  vessel,  or  boat,  coming  from  any  place  in- ""g  wiThthis 
fected  as  aforesaid,  shall  go  himself,  or  permit,  or  suffer  any  seaman  pui'ished! 
or  passenger  to  go  on  shore,  or  on  board  any  ship,  or  vessel,  or  boat 
whatsoever,  during  the   quarantine,  or   until  such  ship,  or  vessel,  or 

boat,  shall  be  discharged  from  quarantine,  without  such  license  as 
aforesaid :  And  if  any  person  or  persons  whatsoever,  who  shall  ar- 
rive in  any  port  or  place  within  this  State,  in  any  ship,  or  vessel,  or 
boat,  which  shall,  by  reason  of  his  coming  from  any  country  or  place 
infected  v/ith  any  contagious  distemper,  be  obliged  to  keep  quaran- 
tine, shall  quit  such  ship,  or  vessel,  or  boat,  by  coming  on  shore,  or  go- 
ing on  board  any  other  ship,  or  vessel,  or  boat,  before  or  while  under 
quarantine,  it  shall  and  may  be  lawful  for  the  person  or  persons  ap- 
pointed to  see  such  quarantine  duly  performed,  and  they  are  hereby 
required  to  compel  such  person  or  persons  to  return  on  board  of  sufcli 
ship,  or  vessel,  or  boat,  and  there  to  remain  during  the  time  of  quar- 
antine.     [For  the  penalties,  see  sees.  12  and  13.] 

3.  Sec.  III.     If  any  person  or  persons  whatsoever  shall  presume  f^^J^^  bmmi 
to  go  on  board,  and  return  from  such  ship,  or  vessel,   or  boat,  requir- s«cii  vesrwi 
ed  to  perfom    quarantine,  before   or   during  the  time    of  quarantine,  cc^ss,  eom 
without  a  license  as  aforesaid,  every  such  offender  shall  be  compelled,  inaia  tilers'' 
and  m  case  of  resistance,  by  force  and  violence,  be  compelled  by  the 
person  or  persons  appointed  as  aforesaid,  to  return  on  board  such  ship,  or 
vessel,  or  boat,  and   there  to  remain  during  the  time  of  her  quaran- 
tine, and  shall  afterwards  be  liable  to  a  fine  or  imprisonment,  as  here- 
inbefore directed,  in  case  of  persons  quitting  a  ship,  or  vessel,  or  boat 

*For  Act  imposing  quarantine  on  vessels  having  free  persons  of  color  on  board,    see 
title  «'  Slaves,  Patrols,  &c."  sees.  99_,  102,  105. 

Jibt  penalty  for  violating  quarantine  ;  see  "Penal  Laws,"  sec.  233. 

47 


370  HEALTH  AND  aUARANTINE  LAWS— 1 793. 


Relief — Precautionary  Measures. 


performing  quarantine,  and  to  be  disposed  of  as  in  that  case  provid- 
ed J-  and  the  master  of  such  ship,  or  vessel,  or  boat,  is  hereby  oblig- 
ed to  receive  and  maintain  such  person  on  board  accordingly. 

may  bJ's^iz.      ^-  ^^^-  ^^'     ^^  ^^^^^   ^^^  ^^^Y  ^®    laAvful    for  any  officer  of  the 
ed.             customs,  or  such  as  shall  be  appointed  to  take  care  that  such  quaran- 
tme  be  duly  performed,  to  seize  any  boat  or  skiff  belonging  to   such 
ship,  or  vessel,  or  which  shall  therewith  be  found,  and  to  detain  the 
qifaramine  °  samc  uutil  tlic  quarantine  shall  be  performed  ;  and  in  case  any  offi- 
Gfficer^       cer,  or  other  person  instructed  as  aforesaid,  shall  voluntarily  suffer 
any  seaman  belonging  to  such  ship,  or  vessel,  or  boat,  or  any  passen- 
ger therein,  to  quit  such  ship,  or  vessel,  or  boat,  while  under  quaran- 
tine, every  suclrx>ffender [For  penalties,  see  sees.  12  and  13.  J 

Tobereiiev       5.   Sec.  V.     After  the  quarantine  shall  havo  becu  dulv  pcrfoimed 

6d  alter  due  ...  j    x 

performance  accordiug  to  the  dircctioiis  of  this  Act,  and  upon  proof  to  be  made 
by  oath  of  the  master  or  other  person  having  charge  of  said  ship,  or 
vessel,  or  boat,  and  two  of  the  persons  belonging  to  the  ship,  or  vessel, 
or  boat,  before  any  one  of  the  Justices  of  the  Peace  of  this  State,  that 
such  ship,  or  vessel,  or  boat,  and  all  and  every  person  therein,  have 
duly  performed  the  quarantine  as  aforesaid,  and  that  the  ship,  or  ves- 
sel, or  boat,  and  all  the  persons  on  board,  are  free  from  any  infectious 
distemper ;  then,  in  such  case,  such  Justice  is  hereby  required  to  give 
a  certificate  (gratis)  thereof,  and  thereupon  such  ship,  or  vessel,  or 
boat,  and  all  and  every  person  therein,  shall  not  be  liable  to  any  fur- 
ther restraint,  by  reason  of  any  matter  or  thing  contained  in  this  Act. 
e«od3  Sec.   YI.     Provided  nevertheless,  and  he  it  Jurther  enacted.  That 

siicirvWseis  the  goods  imported  in  such  ships,  or  vessels,  or  boats,  shall,  after  such 
quarantine  performed,   be  opened  and  aired,  in  such  places  and  for 
such  time  as  shall  be  directed  concerning  the  same. 
mevciTwh?      ^'  ^^'^'  ^^^'  Whenever  the  Governor  or  Commander-in-chief  fcr 
spreading  of  the  time  beiuof  shall  find  it  necessary  to  give  any  orders  or  directions 
disoiders.     for  preventing  any  contagious    distemp^Br  being  brought  into  this 
State,  or  from  any  part  of  this  State  infected  therewith,  into  any  un- 
infected part  of  this  State,    by  persons  travelling  by  land   or  by  wt- 
ter,  it  shall  and  may  be  lavv^ful  for  the  said  Governor  or  Commander- 
in-chief,  by  proclamation  for  that  purpose  to  be  issued,  to  prohibit  all 
and  every  person  or  persons  coming  from  such  infected  places,  to  en- 
4er  into  or  come  within  such   bounds,  limits,    or  lines  as  shall  be  in 
such  proclamation  described,  for  and  during  such  time  as  shall  be 
therein    mentioned,  and  to  appoint  boats  and  sentinels  to  put  the 
same  in    due    execution  :  and   the   persons  appointed,    and  every  of 
them,  shall  have  the   same  pov/er  to  compel  any  person   attempting 
to  pass  through  or  within  such  bounds,  limits,  or  lines,  to  return,   as 
is  by  this  Act  given  to  the   persons  to  be  appointed  for    seeing  quar- 
antine duly  performed,  and  sha,ll  be  liable  to  the    same  penalties  for 
suffering  persons  wilfully  to  pass  through  or  within  the  same  ;  and 
all  and  every  person  or  persons  wilfully  passing  through    or  within 
the  said  bounds,  limits,  or  lines,  shall  be  liable  to  the  fine  or  impris- 
onment hereinbefore  directed  in   case  of  any  person's  quitting  any 
ship,  vessel,  or  boat  performing  quarantine,  and  to  be  disposed  of  as 
in  that  case  provided.     [And  see  Penal  Laws,  sec.  171.] 

7.  Sec.  VIII.     From  and  after  the  passing  of  this  Act,  the  Pilot 


HEALTH  AND  C-IUARANTINE  EAWS~-1793-1S03.  371 


DuLv  of  rilu.— or  Gjvenicr— Pco  .^Illodth  OfHoer. 


or  Pilots  belonging  to  the  several  ports    of  tins  State,    do  beiore  ins  f'^^'l^^^'i 
or  their  entering  on  board  any  ship  or  vessel  designed  for  this  State,  the  health  of 
make   strict   inijuiry    of  every   master  or  commander  of  the    same,  ^^^^"^ 
whether  the  plague,  small  pox,  malignant  fever,  or  any  otlier  conta- 
gious distemper,  be  in  snch  ships  or  vessels ;  and  every  such  master 
or  commander    is  hereby  strictly  enjoined,  without  equivocation  or 
reserve,  to  give  just  and  true    answers    to  all    snch   inquiries  of  the 
said  Pilot  or   Pilots,  under  the    penalties  hereinafter  mentioned  and 
expressed ;  and  in  case  the   said  Pilot  or   Pilots  shall,    upon  inquiry 
as  aforesaid,  find  that  the  plagne,  small  pox,  malignant  fever,  or  any 
other  contagious  distemper,  be  in  such  ship  or   vessel,  such   Pilot  or 
Pilots,  are  hereby    strictly   forbidden  and  prohibited  from  entering 
therein,   on    any   pretence   whatever.      [The    rest   of  this,  and   the 
whole  of  the  next  section  is  abrogated  by  sees.  12  and  PJ.J 

8.  Sec.  X.     On  the   notification    of  such   corporation,    Justices,  "^^^^  ^f*v.  to 

T  ,  .  1        r  ■  L     ■  -  1  /•      I  1  •       enforce  quar 

or  otners  herem  empowered,  alter  notirymg  to  tne  people  or  tiie  dis-  amine  by 
trict  they  live  in,  of  tlie  necessity  of  ordering  qucirantine  to  be  per- £. ^"^^' 
formed,  forthwith  to  transmit  by  express  or  post,  an  exact  account 
and  statement  thereof  to  the  Governor  and  Commander-in-chief  for 
the  time  being,  wlio  is  directed  to  publish  the  same  by  proclamation, 
enjoining  and  requiring  a  due  obedience  to  the  rules  adopted  for  tlie 
preventing  contagious  distempers  being  spread  in  this  State,  and  a 
due  obedience  of  the  duties  required  of  such  regulations  accord- 
ingly. 

9.  Sec.   XL     The    health  officer   of  the  port   of  Savannah,  and  Fees  of  the 

,1  ■    ■^-  I         •    ■  J?  X.1  J.     ^!      ^      1      11       •    •.  '  1  hetilthoiiicer 

the  visitmg  physicians  ot  any  other  port,  that  shall  visit  any  vessel 
or  vessels,  and  grant  a  certifica-te  of  the  health  of  the  crev/  and  pas-  • 
sengers  on  board,  or  visit  the  same,  if  directed  so  to  do,  under  this  law, 
shall  be  entitled  to  have  and  receive  the  following  fees  from  the  cap- 
tain or  owner  of  such  vessel,  before  such  vessel  shall  be  perjnitted 
to  enter  :  for  ever;/  ship,  snow,  brig,  or  bilander,  t\vo  dollars  ;  for  every 
schooner,  sloop,  perriager,  or  boat,  one  dollar;  coasting  vessels  com- 
ing from  one  inlet  in  the  State  to  another  iulet  in  the  same,  ex- 
cepted.*' '  ■ 
J. 

Secs.  Xn.  and  XIIL  [Directing  how  and  where  to  land  ne- 
groes, obsolete.] 

10.  Sec.  XiV.      [First  clause  repealed  by  Act  of  1843,  sec.  28.]  Rei>eaiing 
All  former  laws  respecthig  performing  qaarantine,  and  to  prevent  the  ^'^^^^'   • 
spreading    of  contagious    distempers,    so  far  as   relates    thereto,   are 
hereby  repealed.  •  '  ' 

r 

An  Act  to  amend  the  foregoing ^  and  to  give  farthtr  authority  to  tJie 
Mayor  and  Aidcrnicn  of  tite  City  of  tSava/mah,  the  better  to  enable 
them  to  carry  the  mid  Act  into  cfj'ect. — Approved  Dec.  lO,  1803. 
Vol.  II.  151. 

Whereas^  the  high  fines  and  penalties  inflicted  by  the  Act  afore- 

*For  the  fees  of  harbor-master  and  liealtli  ofncer  of  Savannah  and  St.  Mary,  see  Vol. 
II.  214.  Vol.  Hi.  319.  .  Por  the  resolutions  requesting  the  sanction  of  Congress,  see 
Vol.  III.  1105,  1132,  1181 ;  and  ior  the  only  A'jE  of  CongreiS  on  the  subject  y/hich  I 
can  find,  see  Pam,  of  first  sess.  15  Cong.  p.  11.     IPvince?^ 


373  HEALTH  AND  aUARANTINE  LAWS— 1802. 

Expenses — Po"U'er  of  Corporatioix^of  Savannali. 

said,  and  the  difficulties  attending  the  conviction  of  offenders,  togeth- 
er with  the  want  of  sufficient  power  iu  the  Corporation  of  the  City 
of  Savannah  to  enforce  the  same,  tend  to  render  the  said  Act  inef- 
fectual, and  to  defeat  the  salutary  purposes  intended  thereby  : 
Jurisdiction       1  ^-   ^^^-   I-      B^  ^^  enacted,  t^'c.   That  ffbm  and  after  the  passing 

of  .-Savannah  Qf  ^hjs  Act.  the  iurisdictiou  of  the  Corporation  of  the  said  City  of  Sa- 
in cases  of  /J  .  ^  •' 

quaranrine,  vauuah,  sliall  lu  cascs  Oi  Quarantme,  extend  to  all  ships  and  vessels 

to  extend  /^ 

frcmossa-  whicli  sliall  cuter  any  port  or  inlet  from  Ossabaw  Sound  to  Tybee, 
baw  tu  Ty-  -[j-^^^i^^j j>;^g  ^\  ijilets,  rivcrs,  and  creeks  within  those  limits. 
The  powers  12.  Sec.  IL  It  shall  and  may  be  lawful  to  and  for  the  Mayor 
Sn?  Atdtr-'^  and  Aldermen  of  the  said  City,  and  they  are  hereby  vested  with  full 
"•aTn!ltn  powcr  and  authority  to  take  cognizance  of,  and  mquire  into  all  viola- 
cariTiBg  in-fJQp^g  of  tlic  Said  Act.  Committed  vvathin  the  limits  aforesaid  ;  and  upon 

toeff'?ct  this  '  .  7  r 

and  the  for-  sucli  inquiry  the  said  Mayor  and  Aldermen  shall  and  may,  as  they  shall 
think  proper,  according  to  the  nature  and  degree  of  the  offence,  either 
bind  the   offender  or  offenders   over  to  appear  at  the  next  Superior 
Court,   to  answer  to  any   indictment  that  may  be  preferred  against 
him,  her,  or  them,  in  terms  of  the  said  Act ;  or  they   may  proceed 
agpJnst  such  offender  or  offenders  in  a  summary  manner,  as  is  usual 
and  customary  with  th€  said  Corporation  in  other  cases,  and  inflict 
and  levy  such  fine  or  fines  on  the  offender  or  offenders,  not  exceed- 
ing $50,  for  each  and  every  offence,  as  they  in  their  judgment  shall 
think  fit  and  necessary,  to  deter  others  from  offending  in  like  man- 
ner ;  and  in  case  no  goods  or  chattels  shall  be  found,  whereon  to  levy 
such  fine  or  fines  as  aforesaid,  then  it  shall  be  lawfful  to,  and  for  the 
said  Mayor  and  Aldermen  to  commit  the  offender  or  offenders  to  the 
^        common  jail,  there  to  remain  Avithout  bail  or  mainprize,  for  a  term 
not  exceeding  one  month,  or  until  the  said  fine  or  fines,  together 
the  with  costs  and  charges  of  prosecution,  shall  be  fully  paid  and  satis- 
fied ;  any  thing  in  the  said  Act  contained  to  the  contrary  hereof  in 
any  case  notwithstanding.      [And  see  sec.  15.] 
The  same         13.  Sec.  IH.  With  rcspect  to  the  other  rivers  and  inlets  of  this  State, 
entcfthe^^   the  Same  powers  which  are  hereby  vested  in  the  Corporation  of  Sa- 
?he  Sunty.  vannah,  is,  and  are  hereby  given  to  and  vested  in  the  Justices  of  the 
and  Cora-     Countv,  or  Commissioncrs  of  the  Town  adjacent  to  such  inlets  or 

mis-' loners  cf  ^  ^  .      .  . 

towns  ,tdja-  rivcrs,  or  the  Commissioners  of  Pilotage  of  the  port,  as  it  may  hap- 
er-fkSi  £;  pen  ;  and  they  are  hereby  authorized  to  proceed  in  the  same  maimer 
dude?  ^'  as  is  hereinbefore  mentioned,  with  respect  to  the  Mayor  and  Alder- 
above.        TUQn  of  Savauuah. 

Corporation       14.   Sec.  II.     It  shall  and  may  be  lawful  to,  and  for  the  said  Mayor 
maV^mnove  ^ud  Aldermcu,  to  remove  from  the  said  City,  any  person  or  persons 
mfected  per- ^^j^Q  may  bc  iufectcd  with  the  small-pox,  or  other  contagious  disor- 
der, to  such  place  or  places  without  the  limits  thereof,  as  they  may 
appoint  for  that  purpose. 


An  Act  to  amend  an  Act  passed  the  lAth^  day  of  December^  1793, 
and  an  Act  passed  the  \Qth  day  of  December ,  1803,  regulating 
Qxiaraniine  in  the  Port  of  Savannah^  and  other  places  iciihin  the 

*Tliis  is  tlie  proper  date ;  tiie  17th  is  by  mistake  the  day  mentioned. 


HEALTH  AND  qUARANTINE  LAWS— 1803-'19.  37^ 

May  stop  and  search  vessels — Report  of  Masters. 

limits  of  the  said  City  of  Savannah. — Approved  Dec.  2,  1S05.  Yol. 
IL  242. 

Whereas^  it  is  highly  expedient  that  the  Corporation  of  the  City 
of  Savannah  should  exercise  the  power  of  compelling  vessels  coming 
from  ports  or  places  suspected  to  be  infected  v/ith  contagious  or 
malignant  diseases,  to  perform  quarantine  ;  And  whereas,  doubts  have 
arisen  whether  the  said  Corporation  is  invested  Vv^ith  such  power  un- 
der existing  lav/s  ;  for  the  removal  of  which  doubts, 

15.  Sec.   I.      Be  it  enacted,  i^^c.   That   from  and  after  the  passing  corporanm 
of  this  Act,  it  shall  be  lawful  for  the  Corporation  of  the  City  of  Sa-  maystap  in- 
vannah,  whenever  they  shall  have  reason  to  suspect  that  any  vessel  self  o/prr- 
or  vessels,  person  or  persons,  has  or  have  sailed,  or  come  from  any  se"r,."edanci 
port  or  place  infected,  or  supposed  to  be  infected  with  any  malignant  purified. 

or  contagious  disorder,  by  resolution  or  order  to  require  and  compel 
tl^ie  said  vessel  or  vessels,  so  arriving,  or  person  or  persons,  to  come 
to  anchor,  or  stop  at  any  place  by  the  said  resolution  or  order  pointed 
out,  until  an  examination  is  made  by  the  health  officer  as  to  the  state 
and  condition  of  the  said  vessel  or  vessels,  person  or  persons,  and  un- 
til sufficient  purification  shall  liave  taken  place,  and  a  certificate  of 
tiie  health  officer  obtained  to  that  effect. 

16.  Sec.   II.     All  and  every  part  or  parts  of  the  above  recited  Acts,  ^tuJ'^^^^'^^ 
not  repugnant  to  this  Act,  shall  be,  and  is  and  cU'e  hereby  declared  to 

be  in  full  force.* 


A71  Art  to  prevent  the  introduction  of  Passengers  who  arc  Aliens,  in- 
to the  Port  of  Savdnudh  during  the  montJis  of  July,  August,  Sej)- 
tember  and  October. — Approved  Dec.  22,  1819.     Vol.  III.  44. 

Whereas,  it  has  been  the  practice  of  masters  of  vessels  to  bring 
numbers  of  passengers,  natives  of  foreign  countries,  into  the  port  of 
Savannah,  during  the  sickly  months,  thereby  exposing  to  almost  cer- 
tain death  individuals  whose  constitutions  arc  hut  illy  adapted  to  the 
insalubrious  climate  of  that  City,  and  thereby  subjects  the  communi- 
ty to  an  onerous  expense  : 

17.  Sec.  I.     Beit  enacted,  &*c.  That  any  master  or  commander ^^^^f^ 
of  any  ship  or  vessel  arriving  between  the  first  of  July  and  the  last  rivinginti.e 
day  of  October,  inclusive,  from  a  foreign  country,  or  from  any  other  shaiue"!ort 
part  of  the  United  States,  who  shall  enter  his  vessel  at  the  custom  Jen 
house  in  the  City  of  Savannah,  shall  within  twenty-four  hours  after  ^^^' 
such    entry,  make  a  report  in  writing  on  oath  to  the  Mayor  of  said 

City,  of  the  age,  name,  and  occupation  of  every  person,  who  shall 
have  been  brought  as  passenger  in  such  ship  or  vessel  on  her  last 
voyage,  upon  pain  of  forfeiting  for  every  neglect  or  omission  to  make 
such  report,  the  sum  of  $75,  for  every  alien  neglected  to  be  so  report- 
ed aforesaid. 

18.  Sec  II.     It  shall  be  lawful  for  the  said  Mayor,  or  in  his  sick-aTid  ?ive?e 

,  in  1-1  •       1    •         1  .      curitvfor 

ness  or  absence,  any  person  legally  authorized  to  act  m  his  place,  to  theirmaiate- 

nance  six 
mouths. 


of 


their  pas- 
sengers to 
!  ra  avor 


♦See  further  as  to  contagious  diseases,  Penal  Laws,  from  229  to  233,  inclusive. 


vaoiwii 


-TT^;: 


require  every  such  master  of  such  ship  or  vessel,  to  be  bound  with 
tv/o  sufficient  sureties  to  the  Mayor  and  Aldermen  of  the  City  of 
Savannah,  in  such  sums  as  the  Mayor  or  sucli  person  so  legally  au- 
th0ii2;ed  as  aforesaid,  may  think  proper,  not  exceeding  ^300  for  each 
passenger,  to  indemnify  and  save  harmless  the  said  Mayor  and  Alder- 
men, and  the  Commissioners  of  the  poor-house  and  hospital,  and  their 
successors,  from  ail  and  every  expense  and  charge  which  shall  or  may 
be  incurred  for  the  maintenance  and  support  of  any  such  person  so 
introduced,  and  for  the  maintenance  and  support  of  the  child  or  chil- 
dren of  any  such  person  which  may  be  born  after  such  importation, 
in  case  such  person  so  imported,  or  any  such  child  or  children,  shall 
at  any  time  within  six  months  after  trie  said  importation  become 
Penalty  for  chargeable  to  said  City  ;  and  if  such  person  so  brought  as  aforesaid, 
failure.  ^^^  ^^^^  being  a  citizen  of  the  United  States,  shall  be  permitted  or 
suffered  to  land  within  the  said  City  from  any  such  ship  or  vessel, 
before  such  bond  shall  have  been  given,  and  without  a  permission  in 
writing  from  the  said  Mayor,  or  person  so  legally  authorized  as  afore- 
said, the  master  or  commander  of  such  ship  or  vessel  shall  be  subject 
to  the  penalty  of  $300  for  every  person  so  suffered  or  permitted  to 
land  as  aforesaid.  ,  . 

Penalty  for  19.  Sec.  III.  If  auy  pcrsou  who  may  have  been  a  passenger  in 
fo"vrcfeS^^y  such  ship  or  vessel,  and  not  being  a  citizen  of  the  United  States, 
Act.  shall  be  suffered  to  land  from  such  ship  or  vessel  at  any  place  within 

the  distance  of  fifty  miles  fi'om  the  said  City,  Avith  intent  to  proceed 
to  the  said  City,  otherwise  than  in  the  said  ship  or  vessel,   the  mas- 
ter or  commander  thereof  shall  be  liable  to  the  like  penalt]^  of  $300 
for  every  such  person  so  suffered  or  permitted  to  land. 
Report  must      20.  Sec.  IV.     If  any  householdcr  in  said  City  shall  knowingly 
bmisehoM-'^  entertain  in  his  house  or  family,  any  alien  so  landed  as  aforesaid,  ajid 
era  of  any  in  s}|j3^|i  ^qi  report  such  alicu  to  tlio  Said  Mayor,  or  in  case  of  his  sick- 

their  houses  ^  -'.      '  r>--    ■ 

ness  or  absence,  any  person  legally  authorized  to  omciate  m  his  place, 
within  the  twenty-four  hours  after  such  entertainment  commences, 
he  or  she  shall  forfeit  and  pay  the  sum  of  $50  for  every  such  alien  so 
entertained. 
Penalties,         31.   Sec.  Y.     All  aiid  siiigular  the  said,  penalties  and  forfeitures 
S  Sdl'p  arising  in  said  City,  shall  and  may  be  sued  for  an^  be  recovered  with 
plied.         full  costs  of  suit  by  action  of  debt,  in  the  Superior  Court  of  this  State, 
in  the  name  of  the  said  Mayor  and  Aldermen,  and  when  recovered 
by  them  shall  be  applied  towards  the  support  of  the  poor  of  the  said 
City,  and  the  defendant  in  every  such  suit  shall  be  held  to  special 
Burthen  of  bail,  a^id  upou  every  such  trial  for  any  penalty  or  forfeiture  supposed 
''^^  *         to  be  incurred  by  the  landing  of  any  such  persons  as  aforesaid  within 
the  said  City,  the  same  landing  shall  be  presumed  unless  the  defend- 
ant shall  prove  that  the  said  person  was  taken  or  sent  to  some  foreign 
country  Avithout  having  been  suffered  to  land  as  a^foresaid.   ^ 
Penalties         22.  Sec.  YI.     It  sliall  be  lawful  for  the  said  Mayor  and  Aldermen 
pomided."'^'  to  compouiid  for  the  said  penalties  and  forfeitures,  or  any  of  them, 
either  before  or  after  suing  for  the  same,  upon  such  terms  as  the  cir- 
cumstances, of  the  defendant  or  of  the  case  may  in  their  judgment 
require. 

23.  Sec.  YII.     Every  ship  or  vessel  from  Avliich  such  aliens  shall 


HEALTH  AND  qURANTINE  LAWS— 1819-'30.  375 

Penalties — Darieii — Physicians  concealing  small-pox. 

have    been   so    landed   without  penxiission  in  writinsr  from  the  said '^^'^  "*''",?  ^ 

X  _  '-J  vessel   iui.hle 

Mayor  or  person  so  legally  authorized  as  aforesaid  in  his  place,  shall  for  i>enaiiies. 
be  liable  for  the  said  penalties,  and  may  be  proceeded  against  by  at- 
tachment or  any  other  mode  in  similar  cases  allowed  by  law,  unless 
the  owner  thereof  or  their  agents  shall  give  bond  with  sufficient  sure- 
ties to  the  SherirF  or  his  deputy,  in  the  name  of  the  Mayor  and  Al- 
dermen, for  the  payment  of  the  said  penalties  and  every  of  them  which 
may  have  been  incurred  during  or  since  the  last  voyage  of  the  said 
ship  or  vessel,  or  for  paying  the  value  of  such  ship  or  vessel  towards 
the  satisfaction  of  such  penalties  as  may  have  been  so  incurred  by 
suffering  any  alien  to  land  as  aforesaid,  and  such  value  shall  be  as- 
certained by  the  wardens  of  the  port  of  Savannah,  or  any  two  of 
them. 

Sec.  VHL     [Advertising  the  Act  before  it  goes  into  operation. — 
Temporary.] 


An  Act.  to  extend  to  the  City  and  Port  of  Daricn  all  the  Health  and 
Quarantine  Laws  now  in  force^  relating  and  applicable  to  the  City 
of  Savannah — Approved  Dec.  14,  1830.     Pam.  209. 

24.  From  and  after  the  passing  of  this  Act,  all  Acts  and  parts  of  ^ii  health 
Acts,  and  laws  of  this  State,  which  have  been  passed,  to  regulate  vannah 
the  quarantine  and  other  health  laws  in,  to,  or  for  the  City  of  Sa-  Daricn.    ^^ 
vannah,  shall,  and  they  are  hereby  declared  to  be   in  full  force  and 
effect,  in  the  City  and  port  of  Darien,  and  the  waters  attached  there- 
to, as  much  as  if  the  same  were  expressly  named  herein.     And  the 
most  full  and    ample    references   shall  be  made  to  them,  to  and  for 
the  use  of  the  City  of  Darien,  and  to  protect  its  health,  under  the 
direction  and  supervisal  of  the   Mayor  and  Aldermen  of  the   said 
City  of  Darien,  agreeable  to   any  ordinance  that  they  may  pass  : 
Provided,  the  same  does  not  contravene  or  impugn  the  Constitution 
of  this  State.    ' 


An  Act  to  authorize  the  punishment  of  persons  concealing  the  exist- 
ence of  Small  Pox  or  certain  other  contagious  diseases. — Approved 
Dec.  22,  1830.     Pam.  158. 

25.  From  and  immediately  after  the  passage  of  this  Act,  any  phy-  Physicians 
sician  or  other  person  or  persons  who   shall   be  knowmg  to  the  ex-  concealing 
istence  of  any  case  of  plague,  small  pox,  varioloid,  and  their  modi- &c.\Kfy ^b© 
fications,  within  the  City  of  Savannah,  or  in  its  vicinity,  and  so  fj^p^iined. 
knowing  shall  wilfully  conceal  the  same,  or  who  shall  not  imme- 
diately and  promptly  give  information  thereof  to   the  health  oflicer 
of  said  City,  or  to  the  chairman  of  the  board  of  health,  he,  she  or  they 
shall  be  indicted  for  the  same,  and  upon  conviction  shall  be  subject 
to  imprisonment,  not  exceeding  twelve  months,  in  the  common  jail, 
and  a  fine   of  not   exceeding  $500,   both   at   the  discretion  of  the 
Court. 

Sec.  II.     [Repeals  all  repugnant  laws.] 


876  HEALTH  AND  qUARANTINE  LAWS— 1831-^36. 

Lazaretto — Small-pox — Temporary   hospital. 

An  Act  to  empower  the  Mayor  and  Alde7^men  of  the  City  of  Savan- 
nah and  hamlets  thereof  to  purchase  land  for  the  erection  of  a 
Lazaretto^  and  give  them  jurisdiction  over  the  same. — Approved 
Dec.  26,  183  L     Pam.  245. 

Efefunfcie.  26.  Whereas,  the  preventing  the  propagation  and  spreading  of 
small  pox  and  other  contagious  diseases  is  a  subject  of  deep  interest 
tx)  the  State  generally,  and  that  any  expense  incurred  should  be 
borne  by  the  citizens  at  large ;  and  whereas,  the  said  disease  and 
others  of  a  contagious  character  are  more  liable  to  occur  in  the  prin- 
cipal seaport  of  the  State,  than  in  any  other  section,  whereby  the 
commerce  and  intercourse  with  other  sections  thereof  may  be  greatly 
impaired  and  soon  destroyed,  to  the  injury  and  detriment  of  the  cit- 
izens and  the  revenue  of  the  State  ;  for  remedy  whereof, 
Corporation  Be  it  enacted,  ^c.  That  from  and  after  the  passing  of  this  Act,  it 
may  pnr-  shall  and  may  be  lawful  for  the  Mayor  and  Aldermen  of  the  City  of 
fo/Szareoo.  Savannah  and  the  hamlets  thereof  to  purchase  for  the  use  of  said 
City  as  much  land  in  the  County  of  Chatham  as  may  be  deemed 
by  them  necessary  for  the  erection  of  a  Lazaretto,  or  suitable  building 
wherein  persons  infected  with,  or  laboring  under  small  pox  or  any 
contagious  disease,  shall  be  detained  and  kept,  in  pursuance  of  the 
quarantine  laws  of  this  State,  until  relieved  or  permitted  to  leave 
the  same  by  the  Mayor  and  Aldermen  aforesaid ;  and  that  the  said 
IVIayor  and  Aldermen  shall  have  the  same  powers  and  like  jurisdic- 
tion over  the  land  so  purchased,  as  they  now  have  within  the  juris- 
dictional limits  of  the  City  of  Savannah  as  at  present  limited,  so 
long  as  the  same  shall  be  used  for  the  purposes  herein  contemplated. 
[For  the  Act  authorizing  the  appointment  of  a  health  officer  of 
Savannah,  see  "Agriculture  and  Commerce,"  Art.  Shipping  and  Pi- 
lotage, sec.  18.] 


An  Act  for  the  relief  of  the  Counties  of  Muscogee  and  Talbot  and 
the  City  of  Columbus,  and  to  amend  and  explain  an  Act  entitled 
an  Act  to  oblige  vessels  and  persons  coming  from  places  infected 
with  epidemical  diseases  to  perforin  quarantine,  and  to  prevent 
bi'inging  in  and  spreading  malignant  and.  contagious  disorders  in 
this  State,  passed  Dec.  14,  1793. — Approved  Dec.  29,  1836. 
Pam.  181. 

Inferior  ens  .   27.   Sec.  L     The  Justices  of  the  Inferior  Court  of  any  County, 
Jois^^Sor- or  the  corporate   authorities  of  any  City  in  this   State,  within  the 
^  for  tfJe  lunits  of  which  any  infectious  disease  may  appear,  are,  and  they  ar^ 
Rick,  and     hcrebv  authorizcd  and  empowered  to  provide  a  suitable  temporally 
spreading  of  hospital  for  the  afflicted,  to  furnish  them  with  subsistence,  medicine 
uon.     ^^^  nurses,  and  they  are  hereby  further  authorized  to  provide  a  guard 
to  prevent  the  communication  with  others  of  the  sick  and  their  at- 
tendants, and  to  order  the  destruction  of  infected  clothing,  and  also 
the  interment  of  the  dead. 

Sec.  XL     [Repealed  by  next  Act.] 
Sec.  in.     [Repealing  clause.] 


INDIANS— 1828-'29.  ^  377 


Vaccine  matter — Indians  mcompetent  -svitnesses. 


An  Act  to  repeal  all  laws  requiring  the  State  of  Georgia  to  pay  ex- 
penses incurred  on  account  oj  Small  Pox  and  other  pestil(7itial 
diseases,  and  to  require  the  Oovernor  to  procure  vaccine  matter. 
Assented  to  Dec.  9,  1843.     Pain.  168. 

28.   Sec.  I.     Be  it  enacted,  That  all  laws  and  parts  of  laws  re- 
quiring the  expenses   incurred  on  account  of  small  pox  and  other 
pestilential  diseases  to  be  paid  from  the  State   Treasury,  be,  and  the 
same  are  hereby  repealed  ;  and  that  his  Excellency  the  Governor  Governor  to 
cause  a  supply  of  vaccine  matter  to  be  purchased  and  kept  on  hand  dne'nuutfr' 
at  diiferent  and  convenient  places  throughout  the   State,  to  be  fur-  fouldSuVbu- 
nished  to  the  people  gratis,  for   inoculation,  and  that  he  pay  for  the  ^'^ 
same  out  of  the  contingent  fund. 

[Statutes  omitted  as  obsolete,  repealed,  or  superseded.     Provincial 
Act  of  1760,  Watk.  65 ;  of  1763,  lb.  87  ;   1770,  lb.  160.] 


tion. 


INDIANS. 

An  Act  to  protect  the  frontier  settlements  of  this  State  from  the  intrusion 
of  the  Indians  of  the  Creek  nation. — Approved  Dec.  20, 1828.     Vol.  IV. 

197.  [Entirely  superseded  by  the  more  general  provisions  of  the  Act  of 

1835.] 

An  Act  to  add  the  territory  lying  within  the  limits  of  this  State,  and  occu- 
pied by  the  Cherokee  Indians,  to  the  Counties  of  Carroll,  DcKalb,  Gwin- 
nett, Hall  and  Habersham,  and  to  extend  the  laws  of  this  State  over 
the  same,  and  for  other  purposes. — Approved  Dec.  20,    1828.     Vol.  IV. 

198.  [Re-enacted,  with  amendments,  by  the  next  in  order.] 

An  Act  to  add  the  territory  lying  within  the  chartered  limits  of  Georgia,  and 
now  in  the  occupancy  of  the  Cherokee  Indians,  to  the  Counties  of  Carroll, 
DeKalb,  Gicinnett,  Hall,  and  Hcdjcrsham,  and  to  extend  the  laws  of  this 
State  over  the  snme,  and  to  annul  all  laws  and  ordinances  made  by  the 
Cherokee  Nation  of  Indians,  and  to  provide  for  the  compensation  of  offi- 
cers serving  legcd  process  in  said  territory ,  and  to  regulate  the  testimoni/  of 
Indians,  and  to  repeal  the  ninth  section  of  the  Act  of  1828  upoji  this  sub- 
ject.—Ap^voved  Dec.  19,  1829.     Vol.  IV.  198. 

[All  this  Act,  except  the  following  section,  rendered  obsolete  by  removal 
of  the  Indians.] 

1.  Sec.  XV.     No  Indian,  or  descendant  of  any  Indian,  residing  within  No  iiK^ian 
the  Creek  or  Cherokee  nations  of  Indians,  shall  be  deemed  a  competent  wit-  <^^*'"^^f  ^^ 

I  •    1  •  competent 

ncss  m  any  Court  of  this  State  to  which  a  white  person  may  be  a  party,  ex-  witness,  &c 
cept  such  white  person  resides  within  the  said  nation.* 

♦Former  Act  on  this  subject,  Vol.  IV.  218. 

48 


378        IXDIAXS— 1830-37. 

Laws  relative  to  Indians. 


An  A"t  to  prevait  tlie  exercise  of  assumed  and  arbitrary  power  hy  all  persons 
u.idfr  pretext  of  authority  from  the  Cherokee  Indians  and  their  laws,  and 
to  prevent  2chite  persons  from  residing  iclthin  that  part  of  the  chartered 
limits  of  Georgia  occupied  hy  the  Cherokee  Indians,  and  to  provide  a  guard 
for  the  protection  of  the  gold  mines,  and  to  enforce  the  laws  of  the  State 
within  the  aforesaid  territory. — Approved  Dec.  22,  1830.  Pam.  114. 
rSame  remarks  as  to  the  forecroincr  Act.] 

An  Art  to  declare  void  all  contracts  hereafter  made  icitk  the  Cherokee  Indians, 
so  far  as  the  Indians  are  concerned. — Approved  Dec.  23,  1830.  Pam. 
118.     [Modified  by  Act  of  1S33.] 

An  Act  to  protect  the  Cherokee  Indians  in  the  peaceable  and  quiet  possession 
of  the  lands  secured  to  them  hy  the  cxistin.g  laws  of  the  State,  and  also  to 
secure  their  property  and  persons  from  illegal  violations,  and  to  provide 
for  hringing  to  trial  of  the  trespassers  upon  the  lots  or  fractions  of  land 
belonging  to  the  State  in  the  Cherokee  Country,  and  prescribing  the  pun- 
ishment to  which  they  shall  be  subjected  upon  conviction,  t^T. — Approved 
Dec.  24,  1832.     Pam.  102.     [Obsolete.] 

An  Act  more  effectually  to  provide  for  the  government  and  protection  of  the 
Cherokee  Indians  residing  within  the  limits  of  Georgia,  a?id  to  prescribe  t/ie 
bounds  of  their  occupant  claims  :  and  also  to  authorize  grants  to  issue  for 
lots  drawn  in  the  late  land  and  gold  lotteries  in  cert  nn  cases,  nnclto  jjro- 
vide  for  the  cqjpointment  of  an  agent  to  carry  ce/'iain  parts  thereof  into 
execution;  and  to  fx  the  salary  of  such  agent,  and  to  punish  those  persons 
2clio  may  deter  Indians  from  enrolling  for  emigration. — Approved  Dec. 
20,  1833.     Pam.  114.     [Obsolete.] 

An  Act  to  amend  cm  Jet  entitled  an  Act  more  effectually  to  provide  for  the 
government  and  protection  of  the  Cherokee  Indians  residing  within  thelimits 
of  Georgia,  and  to  prescribe  the  bounds  of  their  occupant  claims;  and  also 
to  authorize  g'Cints  to  issue  for  lots  drawn  in  the  late  land,  and  gold  lotteries 
in  certain  cases,  and  to  provide  for  tJie  apijointment  of  an  agent  to  carry 
certain  parts  thereof  info  execution,  and  to  fix  the  salary  of  such  agent ; 
and  to  punish  those  persons  ivho  may  deter  Indians  from  enrolling  for  end- 
grution  ;  passed  Dec.  20,  1833 — Approved  Dec.  20,  1S34.     Pam.  152. 

An  Act  to  authorize  the  Cherokee  Indians  to  sell  and  dispose  of  iheir  improve- 
ments for  public  imrposes. — Approved  Dec.  20,  1834.     Pam.  156. 

An  Act  to  authorize  the  issuing  of  grants  by  the  State  of  Georgia  'o  the  for- 
tunate drauers  of  all  lots  of  land,  situate  in  the  Counties  of  Cherokee^  Cass, 
Cobb,  JForsyth,  Floyd,  Gilmer,  Lumpkin,  3Iur ray,  Paulding,  Union  and 
Walker,  ichich  were  drawn  in  the  late  land  a /id  gold  lotteries,  and  to  repeal  all 
laws  repugnant  to  the  same. — Approved  Dec.  21, 1835.     Pam.  105. 

An  Act  to  amend  an  Act  entitled  an  Act  to  protect  the  frontier  settlements  of 
this  State  from  the  intrusion  of  the  Indians  of  the  Creek  nation,  passed  t/ie 
20th  Dec.  1828.— Approved  Dec.  24,  1835.  ^  Pam.  135.  [Superseded  by 
removal  of  Indians.] 

A?i  Act  to  provide  for  the  protection  of  the  citizens  of  the  Cherokee  country^ 
and  for  the  removal  of  Cherokee  and  Creek  Indians  from  the  I'mits  of  this 
Sittte. — Assented  to  Dec.  23, 1837.     Pam.  154.     [Superseded  by  removal.} 


INSOLVENT  DEBTORS— ISOl. 


379 


Notice  to  creditors. 


[Statutes  omitted  as  obsolete,  repealed,  or  superseded.     Provincial 
Acts  of  1758,  Vol.   I.   257;   1770,   1787,  1788,  1789,   1794,  1796, 


1799,  Vol.  I.  258  to  270  ;   1764,  Watk, 


98 


1765,  lb.  115  ;   1784, 


lb.  2SS;   1833,  Pam.  103  to  107  ;   1833,  Pam.  119  to  121.] 


INSOLVENT  DEBTORS/ 


Sec.  1.  Proceedings  for  discharge. 

2.  Person  only  relieved. 

u.  Property  concealed. 

4.  Property  surrendered, 
o.  Trnstees'  dwtj. 

6 .  Prison  fees. 

7.  Bond  to  prosecute,  and  Jail  fees 

5.  Bond  for  Jail  fees. 
9.  I'etition — Fraud — Issue. 

10.  Trial. 

11.  Sherift"s  fees. 

12.  Jail  Bounds. 
l-'>.  Bond  for  prison  bounds. 
1-i.  E-efusal  to  receive. 
16.  Jail  Bounds. 

k;. 

17. 

18. 
19. 
20. 


Articles  exempt. 

SchcduiC. 

Honest  Debtor's  Act. 

Discharge  by  Sheriif, 

Po^VJr  of  sureties. 


Sec.  21.  Oath— Notice— Fraud. 

"  22.  Filing  of  schedule. 

"  23.  Final  discharge. 

"  2i.  Bible  exempt. 

"  25.  Widows'  privilege. 

•'  26.  Jail  Bounds. 

"  27.  Ke-survey. 

"  28.  Plan — liecord — Evidence. 

"  29.  One  hundred  Acres  in  ToviTi. 

"  30.  Land,  &c.  exempt. 

"  31.  Survey — appraisement. 

"  32.  Exception. 

"  33.  Mode  of  Conveyance. 

"  3-1.  Fifty  Acres  exempt. 

"  35.  Attachment. 

"  36.  Delivery  of  personalty. 

"  37.  Notice  as  to  Jail  fees. 

"  38.  Town  property  exempt. 

*'  39.  Females  exempt  from  arrest. 

"  40.  Act  of  1803  declared  valid. 


An  Act  to  carry  into  effect  the  seventh  section  of  the  fourth  Article  of 
the  Constituiion.-f — Approved  Dec.  5,  1801.     Vol.  XL  21. 

Wke?'eas,  in  and  by  the  said  seventh  section  it  is  declared,  that — 
[reciting  it  in  full.]  Aitd  whereas^  the  manner  of  delivering  up  such 
estate  has  not  been  heretofore  regulated  by  law,  in  conformity  to  the 
said  seventh  section, 

1.  Sec.  I.  Beit  enacted,  ^c.  [The  first  part  of  the  section  re- 
enadted  with  amendments,  see  sec.  9.]  And  the  several  creditors  at  ^^^'[2^^ 
whose  suit  he,  she,  or  they  are  charged  or  imprisoned,  as  aforesaid, 
and  also  those  to  whom  the  said  debtor  or  debtors  shall  or  may  be 
then  indebted,  to  be  summoned  to  appear  personally,  or  by  their  attor- 
ney, at  a  day  to  be  appointed  for  that  purpose,  upon  which  day  the 
debtor  shah  produce  his  books  of  account,  if  any  he  kept,  which 
summons  or  notice  shall  be  served  on  each  of  the  said  creditors,  or 
•left  at  their  notorious  places  of  abode,  if  they  reside  within  this 
Statef — or  if  they  reside  without   the   State,  then  upon  their  attor- ^n  the  state. 


*For  Act  declaring  assignments  by  insolvent  debtors  to  the  exclusion  of  creditor 
void,  see  "  Conveyances,"  sec.  22. 

For  Act  requiring  marriage  settlements  to  be  recorded,  see  "  Conveyances,"  &c.  sec. 
62. 

fFor  the  former  Act  for  the  relief  of  insolvent  debtors,  nov^^  obsolete,  see  Vol.  I.  182. 

^Thirty  days,  see  sec.  9. 


380 


INSOLVENT  DEBTORS— 1801. 


Oath — ^Discharge — Jail  fees — Gambling. 


Oat  of  tlie 
State 


ney  ;  and  if  no  attorney,  then  to  be  published  in  one  of  the  gazettes 
of  Augusta  or  Savannah,  at  least  two  months  before  the  day  ap- 
pointed for  such  appearance,  and  upon  such,  if  any  of  the  creditors 
summoned  refuse  or  neglect  to  appear,  upon  affidavit  of  the  due  ser- 
vice of  such  rule  or  order,  the  Oourt  shall,  in  a  summary  way,  ex- 


amine the  matter  of  such  petition,  and 


the  suggestions 


of  fraud,  if 


any,  and  if  upon  such  examination  it  shall  appear  to  the  Court  that 
the  debtor  is  roally  and  bona  fide  insolvent,  then  such  person  shall 

Bciioduie.  deliver  to  the  Court  a  schedule  of  all  his  real  and  personal  estate, 
debts,  credits  or  effects,  and  shall  take  and  subscribe  the  folloAving 

The  oath,  oatli,  viz  :  "  I,  A  B,  do  solemnly  swear,  (or  affirm  as  the  case  may 
be,)  in  the  presence  of  Almighty  God,  that  I  am  not  possessed  of  any 
real  or  personal  estate,  debts,  credits  or  effects,  securities  or  contracts 
whatsoever,  my  wearing  apparel,  bedding  for  myself  and  family,  and 
the  working  tools  or  implements  of  my  trade  or  calling,  together 
with  the  necessary  equipments  for  a  militia  soldier  excepted,  other 
than  are  contained  in  the  schedule  now  delivered,  and  that  1  have 
not,  directly  or  indirectly,  since  my  imprisonment,  or  before, 
sold,  leased,  assigned,  or  otherwise  disposed  of,  or  made  over  in 
trust  for  myself  or  otherwise,  any  part  of  my  lands,  estates,  goods, 
stock,  money,  debts,  securities  or  contracts,  whereby  any  money  may 
hereafter  become  payable,  or  any  real  or  personal  estate,  whereby  to 
have  or  expect  any  benefit  or  profit  to  myself,  my  wife  or  my  heirs,  so 
help  me  God."  And  upon  the  said  debtor  having  taken  and  sub- 
scribed the  aforesaid  oath,  the  Court  shall  order  the  Sheriff  or  Jailer 

Discharge,  to  discharge  the  said  debtor  from  confinement  on  account  of  the 
matter  contained  in  his  petition,  and  such  order  shall  be  a  sufficient 
warrant  to  the  Sheriff,  Jailer,  or  keeper  of  such  debtor,  to  discharge 
the  said  debtor,  if  detained  for  the  causes  mentioned  in  his  or  her 
petition,  and  no  other ;  and  he  is  hereby  required  to  discharge  and 
set  him  or  her  at  liberty  forthwith,  the  debtor  paying  his  or  her  fees ; 
nor  shall  the  Sheriff,  Jailer  or  keeper  of  said  debtor  be  liable  to  any 
action  of  escape,  or  other  suit  or  information  upon  that  account. 
Provided^  that  no  person  shall  be  permitted  or  entitled  to  take  any 
benefit  or  advantage  of  this  Act,  who  has  within  twelve  calendar 
months,  lost  at  any  one  time,  by  any  species  of  gaming,  the  sam  of 
one  hundred  dollars,  or  at  different  times,  the  amount  of  three  hun- 
dred dollars.  Pi^ovided  also,  and  he  it  furtlier  enacted,  that  if  any 
such  person  who  shall  take  such  oath  as  aforesaid,  shall,  upon  any 
^indictment  for  perjury,  in  any  matter  or  particular  contained  in  the 
said  oath,  be  convicted  by  his  or  her  own  confession,  or  by  verdict  of 
twelve  men,  as  he  or  she  may  be  by  force  of  this  Act,  the  person  so 
convicted  shall  stand  in  the  pillory  for  the  space  of  two  hours,  be 
imprisoned  at  the  discretion  of  the  Court,  not  exceeding  twelve 
months,  and  shall  never  after  have  the  benefit  of  this  Act,  and  shall 
be  forever  after  incapable  of  being  a  witness  in  any  Court  of  Justice, 
or  serving  as  a  Juror.* 

2.   Sec.  II.     Each  aud  every  debtor  so  discharged  as  aforesaid, 
shall  never  thereafter  be  arrested  or  imprisoned  by  virtue  of  any  ex- 


Jall  fees 


Gambling. 


Perjury  in 
taking  the 
oath,  how 
pHxiiiihed. 


*See  Penal  Laws,  sec.  157. 


INSOLVENT  DEBTORS— 1801.  38 1 

Property  liable — Debts  surrendered — Trustees. 

ecution  founded  upon  any  judgment  obtained,  or  hereafter  to  be  ob-  Jf^tJiHSJ 
tained,  upon  any  debt  or  contract    before  that  time  entered  into  by  ji| jays, but 
the  said  debtor  or  debtors,  to  any  creditor  so   notified  as  aforesaid  ;  never 
neither  shall  any  debtor  so   discharged  as  aforesaid,  be  arrested  or  i.ailS 
held  to  bail  in  mesne  process  for  or  on  account  of  any  debt  or  con- 
tract entered  into  prior  to  their  discharge  as  aforesaid  ;  and  any  cred- 
itor so  notified  as  aforesaid,  who  shall  cause  the  person  of  any  debtor 
so  discharged  as  aforesaid  to  be  arrested,  knowing  of  such  discharge, 
shall  forfeit  and  pay  the  sum  of  five  hundred  dollars,  to  be  recovered 
by  bill,  plaint,  or  information  in  any  Court  having  cognizance  thereof, 
one  half  to  the  use  of  the  other  creditors  of  the  said  debtor,  and  the 
other  moiety  to  the  sole  use  of  the  said  debtor,  of  which  his  credi- 
tors shall  have  no   part   or  benefit ;  Provided^  that  nothing  herein 
contained  shall  prevent  any  creditor  to  have  execution  at  any  future 
time  against  the  property,  both  real  and  personal,  of  such  debtor  or 
debtors. 

3.  Sec.  III.     If  any  person  shall  discover  and  give  information  of  Proix^rty 
any  property  embezzled  or  concealed  by  any  debtor  as  aforesaid,  pre- how  To 'be 
vious  to  his  discharge,  or  not  included  in  the  schedule   so  delivered  ^^^p^<^^  ^^* 
in  as  aforesaid,  such  person  shall  be  entitled  to  one-half  of  the  value 

of  such  property,  upon  its  being  established  that  the  same  was  the 
property  of  the  said  debtor,  a]id  embezzled,  secreted,  or  not  included 
in.  the  schedule  as  aforesaid.  ^ 

4.  Sec.  IV.     The  property  contained  in  the  said  schedule,  pre- ^j^p^^ition 

,  ^        r^  Till  11  1      11    1         1    1-  1  •  oftlie  j»rop- 

sented  to  the  Court  by  such  debtor  or  debtors,  shall  be  delivered  mto  my  and 
the  hands  of  the  Sheriff  of  the  County  in  which  such  debtor  or  dered.^^^"*^"' 
debtors  may  have  been  confined,*  w^ho  shall  make  sale  thereof,  agree- 
ably to  the  law  regulating  Sheriff's  sales  within  this  State  ;  and  if 
any  part  of  the  property  so  given  up  shall  consist  of  judgments, 
bonds,  notes,  contracts,  securities,  mortgages,  liquidated  demands  or 
open  accounts,  the  Court  shall  order  the  same  to  be  assigned  over  by 
said  debtor  or  debtors,  to  some  fit  and  proper  person  or  persons,  whom 
a  majority  of  the  creditors  shall  nominate  to  the  use  of,  and  in  trust 
for  such  judgment  creditors,  which,  when  collected  by  the  said 
trustee  or  trustees,  together  with  the  money  which  may  be  in  the 
hands  of  the  Sheriff,  arising  from  the  sale  of  any  property  of  such 
debtor  or  debtors,  shall  be  subject  to  the  further  order  of,  and  after  ' 

the  payment  of  the  costs  and  charges,  shall  be  distributed  by  the 
said  Court,  agreeably  to  the  laws  within  this  State  for  the  payment 
of  judgments  and  executions. 

5.  Sec.  V.     The   said  trustee  or  trustees   shall  proceed  without  Tmsteo^. 
delay  to  collect  all  the  debts,  fcc.  so  transferred  as  aforesaid,  either    ^"^"^  "^^^' 
by  suit  or  otherwise,  which,  when  collected,  shall  be  paid  by  the 

said  trustee  or  trustees  into  the  Clerk's  office  of  the  said  Court ;  and 

the  said  trustee  or  trustees  shall  have  and  receive  five  per  centum  on 

all  moneys  so  collected  by  him  or  them,  as  a  compensation  for  his  or 

their  trouble  and  expenses  in  collecting  the  same.     And  any  trustee  and  accoiM|t- 

or  trustees  who  shall  fail  to  pay  into  Court  any  money  by  him  or*      ' 

them  collected  as  aforesaid,  shall  be  subject  to  the  same  punishment 

*.Seo  Act  of  1845,  eec.  Z^^  this  titles 


382 INSOLVENT  DEBTORS— 1803-^9. 

Boiul  to  prosecute — Jail  lees. 

for  contempt,  and  to  the  same  mode  for  the  recovery  of  tlie  said 
nioiie}^,  as  Sheriffs  are  liable  to  by  the  lav\'s  of  this  State. 
Prison  fees.  6.  Sec.  VI.  Whcii  aiiy  pCiSoii  or  pcrsoiis  who  ROW  arc,  or  here- 
after shall  be  committed  for  an 3^  debt  or  damage  whatscever.  and 
shall  not  be  able  to  satisfy  and  pay  his  ordinary  prison  fees,  such 
fees  shall  be  paid  by  the  person  at  whose  instance  snch  insolvent 
person  may  be  confined. 


An  Act  to  autltorize  the  Justices  of  the  Inferior  Courts  of  this  State 
to  discharge  Insolvent  Dehtors^  confined  by  process  from  any  Court 
of  this  Stace  whatever. — Approved  Dec.  10,  1803.     Vol.  II.  1-17.* 

Sec.  I.  [Snperseded  by  the  Act  of  1809.  see  sec.  9.] 
And  vjhcreas,  it  often  happens  that  prisoners,  debtors,  and  crimi- 
nals are  committed  and  sent  to  jails  in  other  Counties  than  those  to 
which  they  belong,  and  in  which  they  ought  of  right  to  be  confined, 
to  the  great  injury  of  the  County  to  which  they  are  so  committed, 
as  the  criminals  in  particular  are  frequently  left  there  without  prose- 
cution ; 
Bond  to  7.   Sec   II.     Beit  therefore  enacted,  That  from  and  after  the  uass- 

crii.iiuai      mg  ot  this  Act,  It  shall  not  be  lawiul  lor  any  Magistrate  to  commit  a 
cd-ses.         criminal  to  jail  for  any  ollsnce  against  the  State,  Avithout  first  com- 
pelling the  prosecutor  to  give  bond  and  security  to  prosecute  accord- 
ing to  law. 
Security  for      8.  And  ill  all  casGS  whcrc  dcbtors  shall  be  committed  under  any 

the  nmintc-  ,•  ^  *i  -u.       -^  •  ^  ■  ^     r 

uancear.ci    cxecutioii  or  mcsiie  proccss,  at  the  suit  or  any  person  residing  out  oi 

debtOT^^'^*  the  County  or  State,  the  agent  or  attorney  of  the  plaintiff  sliail  give 
like  security  for  the  maintenance  and  jail  fees  of  the  defendant,  the 
maintenance  to  be  paid  weekly  ;  and  in  failure  thereof,  the  defendant 
shall  be  discharged   on  application  to  the  Justices  of  the   Inferior 

and  seamen.  Court ;  aiid  ill  like  manner,  Vv^ien  seamen  are  committed  at  the  in- 
stance of  their  captains,  Vvdio  frequently  leave  them  in  jail,  security 
shall  be  given  to  the  Jailer,  before  he  shall  receive  such  seamen,  for 
their  maintenance  and  jail  fees.f 

Repealing  Sec.  III.  The  Said  Act  to  carry  into  effect  the  seventh  section  of 
the  fourth  article  of  the  Constitution,  so  far  as  the  same  militates 
against  this  Act  be,  and  the  same  is  hereby  repealed. 


Cla«.-:e. 


A71  Act  to  amend  the  foregoing. — Approved  Dec.  13,  1809.     Vol.  II. 

549. 

Whereas,  the  mode  pointed  out  by  the  said  Act  for  the  relief  of 
insolvent  debtors  is  so  speedy,  and  the  process  so  summary,  as  to 
work  great  injury  in  many  cases  to  creditors  of  such  debtors :  for 
remed]/  whereof, 

*The  title  of  this  Act  amended  and  declared  valid,  see  sec.  40. 

tAct  of  1820  aiitliorizing  prisoners  arrested  on  civil  process  to  be  carried  to  jails  of 
otlier  CoLinties,  maldng  same  provision  as  to  jail  fees,  "Judiciary,"  Art.  *'BcdI,"  sees. 
93,  94.     See  also  Act  of  1847,  "Judiciary,"  Art.  "  Habeas  Corpus,"  sec.  292. 


INSOLVENT  DEBTORS— 1809-'20.  383 

Proceedings  on  application  for  discharge — Prison  bounds. 

9.   Sec.   I.   Be  it  enacted,  6)*c.   That  from  and  after   the  passinor  of  P"p' '^^f 
this  Act,   it  shall  and  may  be  lawful  for   the  Judges  of  the  Superior  ^'"p^rior and 
or  Justices  of  the  Inferior  Courts,*  and  they  are  hereby  required,  on  inferior  cts 
the   petition  of  any  person  or    persons  confined  for  debt,    whether  Jn^  in*soivfiit 
charged  in  execution  or  otherwise,  and  whether  the    process  by  vii'-  '^<^^^^'^'^- 
tue  of  which  such    person    or  persons   is,  or  are  confined,  be    issued 
from  the  Superior  Court,  or    other  Court  of  inferior  jurisdiction,  set- 
ting forth   that  he,  she    or    they  are   so  confined,  and  are    unable  to 
satisfy  the  debt  or  demand  for  which  he,  she,  or  they  are  so  con- 
fined, or  to  give  bail  for  his,  her,   or  their    appearance,  to   answer  to 
the  action  under  which  he,    she,  or  they  is,  or   are  confined,  but  are 
willing  to  deliver  up  the  whole  of  his,  her,  or  their  estate  and  effects 
for  the  benefit  of  his,  her,  or  their  creditors,  by  rule  or  order  of  Court 
to  cause  such  debtor  to  be  brought  up ;  and  being    brought  up,  the 
said  Judge  or  Justices  shall  proceed  with  such  debtor  in  the  manner 
directed  by  an  Act,  entitled  "An  Act    to  carry    into    effect    the  7th 
section  of  the  4th  article  of  the  Constitution."     [See  sec.  L]     Fro- 
vided,  that  the  notice  required  by  the  said  Act  to  be  o;iven  to  the  ^yt^tice,  30 

'  %.  days. 

creditors  of  such  debtor,  if  the  same  be  by  notice  served  upon  the 
said  creditors  or  their  attorneys,  shall  be  given  at  least  thirty  days 
previously  to  the  tim.e  appointed  for  bringing  up  such  debtor.  Aiid 
provided  also,  that  if,  upon  bringing  up  such  debtor,  any  one  or 
more  of  the  creditors  shall  susrcest  to  the  said  Judge  or  Justice,  that  ^'.i?ges'ions 
the  said  debtor  is  not  fairly  insolvent,  or  that  he  has  been  guilty  of 'f^i'^"  :"«i 

nil  •  i  1  1     ■  ■>  •         1      1 1    1  1        ''Y  wh'.  m  to 

any  iraudulent  practices,  that  then,  and  m  that  case,  it  shall  be  the  be  made, 
duty  of  the  said  Judge  or  justices  forthwith  to  cause  an  issue  to  be  Lvpuemade 
made  up  between  the  said  creditor  or  creditors,  and  the  said  debtor,  "^'* 
fi'aud  or  not  fraud. 

10.  Sec.  II.     Upon  such  issue  being  made  up,  the  said  Judge  or  a  Jury  to  be 
Justices  shall  cause  to  be  drawn  and  summoned,  in  the  maimer  point-  wiio^haii  ' 
ed  out  by  law,  a  Jury  of  tv/elve  persons  to  attend  at  the  Court  house,  "'^  ^^^<^*-^"®- 
at  a  particular  day  to  be  specifi.ed  for  that  purpose,  to  try  the  said  is- 
sue ;  and  if  the  Jury  shall  find  that  there  has  been  fraud  on  the 

part  of  such  debtor,  then  he  or  she  shall  be  remanded  to  prison  ;  .and 
if  they  sliall  find  that  there  has  been  no   fraud,  then  the  said  debtor ' 
shall  be  forthwith  discharged  in  the  manner  pointed  out  by  the  said 
Act,  entitled  "An  Act  to  carry  into  eilect  the  seventh  section  of  the 
4th  article  of  the  Constitution." 

11.  Sec.  III.  The  SheriiF  shall  be  allowed  for  summoning  each  ^^lerifPs  fee 
Jury  the  sum  of  five  dollars,  to  be  paid  by  the  creditors,  who  shall  iligtiie Tui^' 
require  such  issue  to  be  made  up. 

Sec.  IV.     [Repeals  ail  repugnant  laws.] 


An  Act  to  extend  to  oil  jpci' sons  imprisoned  for  deht^    the  privilege  of 
prison  bounds. — Approved  Dec.  22,  1820.     Yol.  IV.  203. 

12.     Vf  ithin  six  months  from  the  passing  of  this  Act,  the  Sheriffs 

*One  or  mere  Justices  of  the  Inferior  Courts   are  competent  to   ofUciate  in  Cliatliam, 
between  the  1st  of  June  and  1st  of  iNovember.  Vol,  III.  249. 


384 INSOLYENT  DEBTORS— 1820. 

Bond  for  prison  bounds — Breach — Penalty  for  refusing  to  take. 

hw  off  ten   ^^  ^^^®  several  Counties  of  this  State,  shall,  under  the  direction  of 
acres  around  the  Inferior  Courts  of  the  Counties  where  iails  are  built,  lay  off  or 

the  Iciils  us  ,  •  /J 

prison         cause  to  be  laid  off  around  the  jails,  in  such  manner  as  they  may 
''"^  ^       deem  most  convenient  and  proper,  ten  acres,*  and  in  the  Counties 
where  no  jails  are  yet  built,  it  shall  be  the  duty  of  the  Sheriff,  un- 
der the  direction  of  the  Inferior  Court  in  those  respective  Counties, 
within  three  months  after  a  jail  is  erected  in  the  same  and  received, 
to  lay  off  the  same  number  of  acres  as  is  provided  for  in  this  Act, 
which  limits,  Vv^hen  so  laid  off  in  each  case,  shall  be  held  and  con- 
sidered as  prison  bounds. 
Prisoners         13.   Sec.  II.     So  soou  as  prlsou  bouuds  are  ascertained  iu  the  mau- 
th?bounds   ner  hereinbefore  pointed  out,  and  inj  person  shall  be  arrested  and 
a",,^^^^^^'^'"^  committed  to  jail  by  an  officer  upon  civfl  process,  and  the  person  so 
arrested  and  committed  to  jail  shall  tender  to  the  officer  committing 
the  said  person  to  jail,  a  bond  with  good  and  sufficient  security  in  a 
sum  of  double  the  amount  of  the  debt  or  demand  for  which  he,  she, 
or  they  are  committed  to  jail ;  which  bond  the  said  officer  so  arrest- 
coTK^itions   ing  are  hereby  authorized  and  required  to  take,  with  condition  that 
e  'Oil  .  ^£  ^1^^  person  or  persons  so  arrested  and  committed  to  jail  do  at  any 
time  without  being  legally  discharged,  pass  or  leave  the  boundaries 
so  laid  off  and  defined  as  prison  bounds,  such  passage  or  departure  of 
said  bounds  shall  be  taken  and  considered  as  an  escape  and  forfeit- 
Procccdings  urc  of  Said  boud ;  and  the  Sheriff  or  other  officer  taking  such  bond 
thelaii&""  ^ud  sccurity  shall  be  bound  on  the  application  of  the  plaintiff  in  such 
case,  his  attorney  at  law  or  in  fact,  to  assign   the  same  to  the  plain- 
tiff", who  may  upon  such  bond  and  assignment  commence  an  action 
for  the  breach  of  the  same,  against  the  principal  or  principals,  and  his, 
her,  or  their  security  or  securities  at  the  same  time,  and  shall  recov- 
er against  the  principal  or  principals  in  said  bond,  and  his,  her,  or  their 
security  or  securities,  the  amount  of  debt  or  demand,  with  interest 
and  costs,  for  which  the  person  or  persons  was  or  were  arrested  and 
Pro^^so.       committed  to  jail ;  Provided^  neverthdess^  no  person  [so]  arrested  and 
committed  to  jail,  shall  have  the  benefit  of  such  bounds  for  a  longer 
term  than  six  calendar  months,  at  the  instance  of  the  same  plain- 
tiff^ 
Penalty  for       14.   Ssc.  III.     Li  casc  any  Sheriff  or  otlicr  officcT  SO  arresting  and 
receiv?tne  Committing  a  person  or  persons  to  jail,  upon  any  civil  process,  shall 
t^uSn'gTn-    refuse  to  receive  such  bond  as  is  hereinbefore  set  forth,  the  officer  so 
curi?"^  ^^'  refusing  shall  be    subject   to    indictment   for   malpractice    in  office ; 
and  in  case  the  officer  shall  take  insufficient  security,  he  shall  be  held 
liable  to  the  plaintiff  in  the  several  modes  pointed  out  in  the  laws 
heretofore  passed,  prescribing  the  liability  of  Sheriffs  and  other  offi- 
when  the    ccrs  ;  and  in  case  the  arrest  should  be  made  by  a  Coroner,  he  shall  bo 
Sebya    held  to  all  the  liabilities  that  a  Sheriff  would  be,  were  the  arrest 
made  by  him. 

*In  a  Tillage  or  Town,  100  acres  ;  Act  of  1840,  sec.  29. 

[1.]  This  section  construed.    At  the  end  of  six  months,  Sheriff  must  remand  to  jail  Wi^ 
out  special  order.    Jackson  §  Co.  vs.  Con^^  9  Ga.  Rep. 


corg»6& 


INSOLVENT  DEBTORS— 1821-22.  385 

Prison  bounds — Articles  exempt  from  levy  and  sale. 


An  Act  to  alter  and  amend  an  Act,  entitled  "  an  Act  to  extend  to  all 
persons  iniprisojiedfor  debt,  the  privilege  of  prison  hounds,^^  pass- 
ed the  22d.  of  December,  1S20. — Approved  Dec.  24,  1821.  Yol. 
IV.  308. 

Whereas,  the  time  limited  by  the  above-recited  Act  for  Sheriffs  in  ^^'eamWe. 
the  different  Counties  in  this  State  to  lay  off  prison  bounds  under 
the  direction  of  the  Inferior  Courts  was  limited  to  six  months  in  Coun- 
ties having  jails ;  and  whereas,  certain  Counties  in  that  situation 
h  ive  neglected  to  lay  off  jail  bounds  within  the  time  prescribed  ;  and 
whereas,  their  authority  to  do  so  now  is  doubted ;. 

15.     Be  it  therefore  enacted.  That  in  every  County  in  this  State,  Prison 
having  a  jail,  where  no  jail  boundaries  have  l3een  laid  off  agreeable  iSd"off  £^* 
to  the  above-recited  Act,  it  shall  be  the  duty  of  the  Sheriffs  under  the  IJ.^^^'  ^''"*' 
direction  of  the  Inferior  Courts  to  lay  off,  or  cause  to  be  laid  otf,  jail 
boundaries  agreeable  to  the  above-recited  Act,  at  any  time  within 
six  months  from  the  passage  of  this  Act,  any  law  to  the. contrary 
notwithstanding.* 


An  Act  to  exempt  from  sale  for  debts  contracted  after  a  giveri  tiine 
certain  Articles  chiefly  necessary  for  the  subsistence  of  the  deb[.07'^s 
family.— Aijproved  Dec.  23,  1822.     Vol.  IV.  313. 

16.  Whereas,  it  does  not  comport  with  justice  or  expediency  to  Preamble, 
deprive  innocent  and  helpless  women  and  children  of  the  means  of 
subsistence  : 

'Be  it  therefore  enacted,  That  from  and  after  the  first  day  of  March  certain  am- 
next  the  following  articles  be  exempt  irom  levy  and  sale  on  account  fronueTy'^'' 
of  any  debt  contracted  after  that  day,  to  wit :  two  beds  and  bedding,  Sebtf  ^"  ^^'' 
common  bedsteads,  a  spinning-wheel,  and  two  pair  of  cards,  a  loom, 
and  cow  and  calf,  common  tools  of  his  trade,  and  ordinary  cooking 
utensils,  and  ten  dollars'  worth  of  provisions.! 

17.  Sec.  II.     In  all  cases  where  any  debtor  shall  have  the  benefit  schedule  of 
of  the  above  recited  Act  extended  to  him^  it  shall  be  the  duty  of  the  s'rexlmpSd 
officer  levying  the  execution  to  make  out  a  schedule  of  the  articles  g'^^t!;^^^^"'™" 
so  exempted  from  seizure  and  sale,  and  return  the  same  to  the  Clerk  pJfo,"V£^t. 
of  the  Inferior  Court  of  said  County,  whose  duty  it  shall  be  to  record 

*See  Act  of  1840,  sec.  26. 

fThe  following  is  a  list  of  tlie  property  exempt  from  levy  and  sale  under  the  various 
Acts,  sees.  16,  24,  30,  34,  38.  ' 

2  beds,  bedding  and  common  bedsteads, 

1  spinning-wbeel,  and  2  pair  of  cards,  and  1  loom.  _         . 

1  cow  and  calf,  1  horse  or  mule,  not  exceeding  in  value,  ^50. 
•  10  head  of  hogs,  and  $30  worth  of  provisions. 
Common  tools  of  trade.     Ordinary  cooking  utensils. 

Family  Bible — equipments  of  mihtia-men,  and  trooper's  horse;  see  "Militia,"  sec.  21. 
Wearing  apparel. 

60  acres  of  land  in  the  country,  with  improvements,  not  exceeding  in  value  $200. 
5  acres  additional  for  each  child  under  15  years  old. 
$200  worth  oi  real  estate  in  a  city  or  town,  in  lieu  of  50  acres  in  the  country, 

49 


386  INSOLVENT  DEBTORS— 1823^ 

Honest  debtors'  Act. 

the  same  iti  a  book  kept  by  him  for  that  purpose  ;  then  the  above 
property  shall  be  alienated  and  vested  in  the  Inferior  Court,  to  be  ap- 
propriated to  the  benefit  and  use  of  said  family  so  long  as  the  defend- 
ant shall  remain  insolvent. 

Sec.  III.     All  laws  and  parts  of  laws  so  far  as  they  militate  with 
this  Act  are  hereby  repealed. 


An  Act  for  the  Relief  of  Honest  Debtors. — Approved  Dec.  19,  1823.- 

Vol.  IV.  316. 

Debtors,  18.     From  and  immediately  after  the  passage  of  this  Act,  when 

onaca. sa.   any  debtor  or  debtors  shall  be  taken  upon  any  ccipias  ad  satisfacieii' 
&bond"in'  dum^  and  shall  be  desirous  of  taking  the  benefit  of  the  oath  prescrib- 
Imount^of    ^^  ^^r  ^^^  relief  of  insolvent  debtors,  or  of  rendering  a  full  and  fair 
the  debt  for  scliedulc  of  liis  propcrtv,  it  shall  and  may  be  lawful  for  such  debtor 
ance  at  the  or  dcbtors  to  tcudcr  to  the  tSheriff"  of  the  County,  his  lawful  deputy, 
or  any  Constable,  Marshal,  or  other  officer  by  whom  he,  she,  or  they 
may  have  been  taken,  a  bond  or  bonds  payable  to  the  party  at  whose 
instance  the  arrest  was  made,  with  good  and  sufficient  securities  in 
twice^  the  amount  of  the  debt,  conditioned  for  his  appearance  at  the 
next  term  of  the  Superior  or  Inferior  Court,  or  any  Court  of  Oyer  and 
Terminer  and  Corporation  Court,  in  which  said  capias  ad  sat isfacien- 
dam  was  obtained  (and  if  the  same  issued  from  a  Justice's  Court,  then 
to  the  Inferior  Court  next  to  be  held  in  and  for  said  County, )   then 
and  there  to  stand  to  and  abide  by  such  proceedings  as  may  be  had 
by  the  Court  in  relation  to  his,  her,  or  their  taking  the  benefit  of  this 
onjfaiiure  to  Act ;  and  in  case  of  failure  to  appear,  judgment  shall  be  entered  up 
IlKi'^mcnt     instanter  upon  said  bond  against  the  principal,  and  his  securities  to  be 
S?u"and"e-tliseharged  upon  the  payment  of  the  debt  and  cost.     And  when  an 
cufities.       execution  issues  thereon,  the  defendant  in  the  capias  ad  satisfacien- 
dum shall  not  be  entitled  to  the  benefit  of  this  Act ,'  Provided,  that 
Issue,  how  i.  if  either  of  the  parties  to  the  said  bond  shall  be  desirous  to  have  an  issue 
^"^'^*  made  up  and  submitted  to  a  Jury,  a  Jury  shall  be  immediately  impanel- 

led to  try  such  issue^  and  the  plea  oinon  est  factum  shall  only  be  receiv- 
caseof  sick-  ^^  ^^^pou  the  party  making  oath  to  its  verity  ;  And  provided  further ,  that 
neiS3.  if  it  shall  be  made  appear  satisfactorily  to  said  Court  that  said  debtor  or 

debtors  are  prevented  from  attending  Court  by  sickness,  or  other  suffi- 
cient cause  to  be  jndged  of  by  the  Court,  the  case  shall  be  continued 
over  to  the  next  Court  at  which  time  the  same  proceedings  shall  be  had 
Death-  as  if  he  had  appeared  at  the  first  time  ;  Aiid  provided  further^  That 
if  such  debtor  or  debtors  shall  die  in  the  mean  time,  it  shall  be  an 
Proviss.  absolute  discharge  of  such  bond  or  bonds  :  Provided  nevertheless^ 
That  when  any  debtor  or  debtors  shall  be  taken  as  aforesaid,  within 
twenty  days  before  the  sitting  of  said  Court,  said  bond  shall  be  con- 
ditioned for  his,  her,  or  theix  appearance  at  the  succeeding  term  of  the 
Court  aforesaid.  ■.::.,..:-:'■■. 

[1.]  A  bond  for  less  than  tTvice  the  amount  is,  neverthelcs;:,  valid.  5  Ga,  178.  In  such  ca*e 
the  Sheriff  may  re-arrest.  Ibid. 
[2.]  No  appeal  allowed.  4  Ga,  170. 


INSOLVENT  DEBTORS— 1823. 387 

Notice  to  creditors — Oath= — Schedule — Issue  of  fraud. 

*- — ,. ___. — ■ '    ■  ■  '  ■  ...  I 

19.  Sec.   II.     Upon  such  debtor  or  debtors  tendering  such  bond  or  Debtor  to  be 
bonds,  it  shall  be  the  duty  of  such  Sherilf,  deputy,  or  Constable,  as 

the  case  may  be,  to  release  hirn,  her,  or  them  from  confinement  or 
custody,  any  law,  usage,  or  custom  to  the  contrary  notwithstanding. 

20.  Ssc.  III.     To  enable  the  honest  debtor  the  more    easily    to  Power  of  s©- 
obtain  the  security  required  in  the  first  section  of  this  Act,  it  shall  be  Self'prhicu 
lawiui  for  the  said  security,  at  the  Court  to  which  the  principal  is  f'*'- 
bound  to  appear,  to  surrender  in  open  Court  said  principal  in  discharge 

of  the  security ;  and  for  the  purpose  of  making  the  surrender,  the 
security  is  hereby  authorized  to  exercise  all  the  power  which  by  law 
special  bail  have  over  their  principal. 

21.  Sec.   IV.     Upon  the  appearance  of  such  debtor  or  debtors  at  JJ^'J.^^'J^ 
the  Court  to  which  he  is  bound  to  appear  it  shall  be  lawful  for  him,  ""'i  sw^arto 

1  •    I  •  1  ^  r^  bflicdulc  of 

her,  or  them,  eitner  ni  person  or  by  attorney,  to  move  the  Court  to  property 
be    admitted    to   take   the  oath  prescribed  for  the  reliet  of  insolv^ent  filed' wUh 
debtors,*  or  to  swear  to  the  schedule  p/eviously  filed  with  the  Clerk  ^''®  ^'^^^' 
of  said  Court  agreeably  to  the  provisions  of  this  Act,  hereinafter  con- 
tained ;  and  it  shall  be  the  duty  of  said  Court,  upon  such   debtor   or  '^Xi^to'he 
debtors  making  it  appear  to  them  that  at  least  ten  days'  notice  has  p^ven  cred- 
been  given  in  writing  to  his,  her,  or  their  creditors'   of  the  hitention 
to  avail  him,  her,  or  themselves  of  the  benefit  of  tliis  Act,  to  admin- 
ister  the   oath   prescribed    for  the  benefit  of  insolvent  debtors,  or  to 
swear  him,  her,  or  them  to  the  schedule  as  aforesaid,  as  the  case  may 
be,  and  to  direct  the  Clerk  to  make  an  entry  of  the  same  U])on  his 
minutes,  which  shall  exempt  the  body  or  bodies  of  such  debtor  or 
debtors  from  imprisonment  for  debt  in  all  cases  where  notice  may 
have  been  given  to  the  creditors,  which  notices  shall  be  filed   with 
the  Clerk  of  said  Court ;  Provided,   ncvcrtlicims,  that  if  any  creditor  ^"?^®^','^" 

_.■  -      „  '  ,-1  1  r  of  fraud, &c- 

or  creditors  shall  suggest  any  iraud  or  concealment  oi  any  property,  to  he  tried  by 
money,  or  eilects,.  it  shall  be  the  duty  of  the  Court  to  direct  an  issue  ^  "'^^" 
to  be  made  up  and  tried  by  a  Jury  at  the  first  term  before  such  debt- 
or or  delators  are  suborn  ;  P rovided^  further ^  that  if  either  of  the  parties 
shall  be  unprepared  for  the  trial  01  such  issue,  the    Court    may  con- 
tinue the  same  under  the  same  rules  and  regulations  by  which  suits 
at  law  are  now  continued  ;  and  if  the  said  Jury  shall  find  that  there  incase  of 
is  any  fraud  or  concealment,  or  if  said  debtor  or  debtors  shall  fail  or  or"fanm"^"o 
refuse  to  answer  upon  oath,  or  if  said  debtor  or  debtors  shall  fail  ta*"^^*^*''  '^*^- 

^  '  ^  debtor  to  be 

make  it  appear  to  the  Court  that  ne,  she,  or  they  have  ffiven  the  ne™  jinprisoncd 

5        ^     ^t,  ^v  J-.  .        1  •       ^  u  u       till  a  full  dis- 

cessary  notice  to  the  creaitor  or  creditors  at  wnose  instance  he,  she,  closure  la 
or  they  may  have  been  arrested,  then  and  in  that  case  the  said  debt-  '"'^'^^'  ^'^ 
or  or  debtors  shall  be  deemed  in  the  custody  of  the  Sheriff,  and  the 
Court  shall  adjudge  that  he,  she,  or  they  be  imprisoned  until  a  full  and 
Cair  disclosure  of  all  the  property,  money,  or  effects  be  made  by  said 
debtor  or  debtors,  and  until  he,  she,  or  they  have  given  the  necessary 
notice  as  aforesaid,  to  be  judged  of  by  said  Court. 

22.  Sec.  V.     When  any  debtor  or  debtors  taken  upon  any  cajpias  Schedule  to 
ad  satis facie?idu7n  cis  <ifovesd.id  shall  be  desirous  to  render  a  full  and  the  cierk 

ten  days  ^e- 
fore  Court. 
♦Tor  oath,  see  sec.  1. 

[l.j  Notice  to  a  firm,  by  their  firm  name,  is  sufficient.  5  Ga.  5i4^ 


388  INSOLVENT  DEBTORS— 1823-'35. 

Family  Bible — Benefits  extended  to  widows. 

fair  schedule  of  his,  her,  or  their  property  and  effects,^  he,  she,  or  they 
shall  file  the  same  with  the  Clerk  of  the  Court  at  which  he  is  bound 
to  appear,  at  least  ten  days  before  the  sitting  of  the  Court,  at  the  sit- 
ting of  which  he  proposes  to  avail  himself  .of  the  benefit  of  this  Act  ; 
and  that  upon  his  being  admitted  to  swear  to  the  said  schedule,  the 
same  proceedings  shall  be  had  thereon  as  may  be  now  had  on  schedules 
filed  under  the  law  now  in  force. 
No  person         23.   Sec.   VI.     No  persou  shall  be  imprisoned  for  debt  upon  any 
with  Ses^e   capias  ad  satis/acie7idiwi  who  will  comply  with  the  requisitions  of 
be'imprison"  ^^^-is  Act,  cxccpt  in  cascs  of  fraud  or  concealment  hereinbefore  men- 
®^'  tioned  ;  any  law,  usage,  or  custom  to  the  contrary  notwithstanding. 

Sec.  VII.      [Repeals  ail  conflicting  laws.] 


A71  Act  to  amend  an  Act  to  exempt  from  sale  for  debts  contracted  after 
a  given  thne  certain  articles,  chiefly  necessary  for  the  suhsistence  of 
the  debtor'' s  family . — Approved  Dec.  22,  1834.     Pam.  222. 

Family  Bible      24.  From  and  after  the  passage  of  this  bill,  in  addition  to  the  articles 
from  sale,     exempt  from  sale  in  the  above  recited  Act  shall  be  added  the  family 

Bible  of  all  debtors  who  may  be  entitled  to  the  benefits  of  the  said 

Act. 

Sec.  II.      [Repeals  all  repugnant  laws  J 


An  Act  to  alter  and  amend  ^^  an  Act  entitled  an  Act  passed  the  23(1 
of  December^  1822,  to  exempt  from  sale  for  debts  contracted,  after  a 
given  time,  certain  articles,  chiefly  necessary  for  the  suhsistence  of 
the  debtor'' s  family,''^  so  far  as  to  extend  the  saine  privileges  and 
benefits  to  widoivs  and  their  families  during  their  widowhood,  as  are 
extended  to  debtor s\fam'ilies  in  said  before  recited  Act. — Approved 
Dec.  22,  1835.     Pam.  80.  ,  - 

Benefit  of         25.     From  and   after  the  passase  of  this   Act.  the  privileges  and 

debtors'  act?  ±  ^  -  x  cj 

extended  to*  benefit  extended  to  debtors'  families  in  the  above  recited  Act,  shall 
be,  and  they  are  hereby  extended  to  all  widows,  and  their  families^ 
during  their  widowhood,  under  the  same  rules,  regulations  and  re- 
strictions, as  govern  the  articles  exempted  for  the  use  of  debtors'  fam- 
ilies, in  the  before  recited  Act.* 

Sec.  II.     [Repeals  all  laws  conflicting  with  this.] 


wiiJows, 


An  Act  to  amend  the  Act  to  extend  to  all  persons  imprisoned  for  deH, 
the  privilege  of  prison  bounds^  approved  22d  day   of  December  y 

f  For  other  provision  made  for  mdow  and  family,  see  "Executors,  Administrators,' 
&c.  sees.  33,  39,  42. 

Widows  and/«r«ies  sole  exempt  from  arrest  and  imprisonment,  sec.  39. 

[1.]  A  vested  remainder  in  slaves  should  be  included.  4  Ga.  464.  ^ 


■    INSOLVENT  DEBTORS— 1840-'41.  389 

— -la;  ■■  .I..,.      ■■  ■     . — — ■    -■  —  -■ ■  '■  I ■  I.I  1-. — . 

Prisou  bounds — Laid  off — lie-surveyed — Land — Horse,  &c.  ex:empt  from  sale. 

1821,  and  the  amendatory  Act  thereof^  approved,  the  24:/ h  December j 
1821.— Assented  to  22d  Dec,  1840.     Pam.  148. 

26.  Sec.  I.     Be  it  enacted,  That  from  and  after  the  passage  of  where  no 

,    .        .  ^^  .         ,    .      ^  ,  .  .     .,  ,  11     J''"'  bounds 

this  Act,  every  Ooimty  m  this  tetate  having  jails  where  no  bounds  have  been 
may  have  been  laid  ofT  as  prescribed  in  the  before  recited  Act,  it  shall  inferior  c^t 
be  the  duty  of  the  SheriiT,  under  the  direction  of  the  Inferior  Court,  {j!e"i,^J|.!ff1o 
and  it  is  hereby  made  legal  for  them  at  any  time  that  they  may  deem  ^^y  ''^-^^  ^^• 
it  expedient,  to  cause  to  be  laid  off  prison  bounds  in  said   Counties, 
abound  said  jail,  in  conformity  with  the  above  recited  Acts. 

27.  Sec.  II.     In   ail    the    Counties   of  this   State,  where  prison  ^^^^/^p"^^;, 
bounds  have  been  heretofore  laid  oif  and  defined,  and  for  any  cause  surveyed. 
it  shall  be  deemed  expedient  to  have  the  same  re-surveyed  and  laid 

off,  or  changed,  it  shall  and  may  be  lawful  for  the  Justices  of  the  In- 
ferior Court  to  have  the  same  re-surv^eyed  or  changed,  and  laid  off  in 
the  manner  prescribed  in  tlie  before  recited  Act. 

28.  Sec.  III.     In  all  cases  where  prison  bounds  shall  be  hereafter  p'^ji  of  the 

re-surveyed  or  laid  off,  it  shall  be  the  duty  of  the  Sheriff  to  return  aedto  cieric 
plan  of  the  same  to  the  Superior  and  Inferior  Courts  of  the  County,  inPr  coart. 
which  shall  be  entered  on  the  minutes  of  each  of  said  Courts,  and  a 
duly  certified  copy  thereof,  irom  the  minutes  of  either  of  said  Courts,  <-'opy. 
shall  be  evidence  in  any  of  the  Courts  of  this  State. 

29.  Sec.  IV.     Where  such  prison  bounds  have  been,  or  may  be  ^"  a  town, 
laid  on,  m  an]^  incorporated  City,  Town  or  Village,  such  prison  bounds  joo acres. 
may  be,  (in  the  discretion  of  the  Inferior  Court,)  extended  so  as  not 

to  include  more  than  one  hundred  acres. 

Sec.  V.     All  laws  and  parts'of  iaVi^s,  miliiating   against  this  Act 
be,  and  the  same  are  hereby  repealed.    ' 


Aji  Act  to  exempt  from  levy  and  sale  under  Execution  certain  pro- 
perty therein  mentioned, — Assented  to  December  11,  1841.    Pam. 
134. 

JVhereas,  it  does  not  comport  with  the  principles  of  justice,  humani- 
ty or  sound  policy  to  deprive  the  family  of  an  unfortunate  debtor  of 
a  home  and  the  means  of  an  honest  subsistence  : 

30.   Sec.   I.      Be  it  therefore  enacted^  That  every  white  citizen  of  Land  ex- 
this  State,  male  or  female,  being  the  head  of  a  family,  shall  be  enti-  [^^Jl^and™ 
tied  to  own,  hold  and  possess,  free  and  exempt  from  levy  and  sale  by  «a^^- 
virtue  of  any  judgment,  order  or  decree  of  any  Court  of  Law  or 
Equity  in  this  State,  founded  on  any  contracts  made  after  the  first 
day  of  May  next,  or  any  process  emanating  upon  the  same,  twenty 
acres  of  land,*  and  the  additional  sum  of  five  acres  for  each  of  his  or 
her  children  under  the  age  of  fifteen :  Provided^  that  the  same  or 
any  part  thereof  be  not  the  site  of  any  City,  Town  or  Village,!  or  of 
any  cotton  or  wool  factory,  saw  or  grist  mill,  or  of  atiy  other  machi- 
nery propelled  by  water  or  steam.     Also,  one  horse  or  mule,  the  value  ^^^^^.°l^^ 

^Fifty  acres,  by  Act  of  1843,  sec.  31.     $200   worth  of  Town  properly,  Act  of  1845, 
sec.  38. 

fSee  sec.  38.  "^  . 


390  INSOLVENT  DEBTORS— 1841-'43. 

Land  laid  off — Sale  of,  by  husband — Fifty  acres. 

Provisions    ^^  which  shall  HOt  exceed  fifty  dollars ;  also,  ten  head   of  hogs  tin^ 

thirty  dollars'  worth  of  provisions. 
County  sur-      31,  Sec.  II.  When  any  head  of  a  family  shall  own  a  o^reater  qiianti- 

veyor  shkll  '  -^  o  i 

lay  it  off.     ty  of  land  than  that  exempted  from  levy  and  sale  by  the  provisions 
of  the  first  section  of  this  Act,  that  he  or  she  shall  procure  the  Coun- 
ty Surveyor  to  lay  off  the  number  of  acres  so  exempted  so  as  to  in-- 
elude  the  dwelling  house  and  improvements  of  the  original  tract   (if 
fmprovem't* there  be  any  thereon:)  Provided,  that  the  value   of  said  dwelling 
SToVfsoo.    house  and  improvemeats  shall  not  exceed  two  hundred  dollars — the 
Appraisers,  yaluc  to  be  ascertained  and  certified  to  by  three  valuing  agents,  wha 
shall  be  appointed  as  follows:  one  by  the  plaintiff  in  execution,  of 
his  or  her  attorney  or  agent ;  one  by  the  defendant  in  execution,  ?ind 
one  by  a  Justice  of  the  Peace  in  the  district  where  the  said  dwelling 
house  and  improvements  are.     And  he  or  she  shall  designate  in  writ-* 
ing  to  the  Sheriff  or  other  officer  in  whose  hands  the  process  direct' 
ing  a  levy  and  sale  may  be,  the  boundary  so  laid  off,  and  it  shall  not 
be  lawful  for  such  Sheriff  or  other  officer  to  levy  on  or  sell  the  tract 
so  designated. 
Exception         *^^'   ^EC.  III.     No  land  shall  be  exempted  from  levy  and  sale  uudet 
the  provisions  of  this  Act  which  derives  its  chief  value  from  other 
cause  than  its  adaptation  to  agricultural  purposes. 
Hushand  33.   Sec.  IY.     Whenever  any  male  head  of  a  family  shall  hold 

witiiout  wife  land  under  the  provisions  of  this  Act,  that  no  sale  that  he  may  make 
of  the  same,  or  any  part  thereof,  shall  be  good  and  valid  i!i  law  un- 
less his  wife  (if  he  have  any)  shall,  of  her  own  choice  and  free  will, 
sign  the  deed  of  such  sale  together  with  her  husband. 

Sec.  V.  All  laws  and  parts  of  laws  militating  against  the  true 
intent  and  meaning  of  this  Act  be,  and  the  same  are  hereby  rei>eal* 
ed. 


An  Act  to  amend  an  Actio  exemp  froin  levy  and  sale,  certain  jyvaj^er" 
ty  therein  nittUioned,  assented  tOy  llth  of  Dec.  1841,  and  to  eX" 
etnpt  cerrtain  property  from  levy  tinder  attachment. — Assented  to 
Dec.  22,  1843.     Pam.  121. 

Whereas,  by  the  provisions  of  the  first  section  of  the  above-recit* 
ed  Act,  twenty  acres  of  land,  for  the  head  of  each  family,  and  tha 
additional  sum  of  five  acres  for  each  child,  under  the  age  of  fifteen 
years,  is  exempt  from  levy  and  sale,  which  does  not  sufficiently  pro* 
tect  the  citzens  of  this  State,  in  an  interest  in  the  said  land  ;  for  rem*- 
edy  whereof; 
so  acres  ex-       34.   Sec.   I.   Be  it  cnactcd,  That  from  and  after  the  passage  of  the 
Scffheld  of  Act,  the  amount  of  fifty  acres  of  land  to  the  head  of  each  family,  bo 
a-famiiy.      ^^j  ^^iq  same  is  hereby  declared  to  be  exempt  from  levy  and  sale  by 
virtue  of  any  judgment,  order  or  decree  of  any  Court  of  Law  or  Equi- 
ty in  this  State,  founded  on  any  contracts  made  after  the  first  day  of 
January  next,  except  the  same  shall  be  for  the  purchase  money  of 
said  land,  for  the  payment  of  which,  said  land  shall  be  bound.* 

*See  Act  of  1845,  sec.  38. 


INSOLVENT  DEBTORS— 1845.  391 

.fc_ — , — — — — —  ■  "'I'l  ■  ■ 

Debtor  arrested  in  another  Count}^ — Notice  to  plaintiff  as  to  jail  fees — Ileal  estate  in  City,  &c, 

35.   Sec.  11.     All  property  of  any  kind   exempt  under  this  Act,  ^^^^^^J^Jp^ 
or  anv  former  one,  from  levy  and  sale   under   execution,  founded  ""'^er  at- 
upon^any  judgment  or  decree,  shall,  under  like  circumstances,  be  ex- 
empt from  levy  under  any  attachment. 

Sec.  111.     The  provisions  of  the  j&rst  section  of  the  before-recit- Reneaiiag 
ed  Act,  and  all  other  laws  and  parts  of  laws  militating  against  the 
provisions  of  this  Act  be,  and  the  same  are  hereby  repealed. 


An  Ad  in  relation  to  Insolvent  Debtors. — Approved  Dec.  27,   1845. 

Pam.  35. 

36.  Be  it  enacted,  That  when  any  debtor  residing  in  any  Coun-  oeMor  ar- 

.  •'  •  1    •  1      11  rested  in  an- 

ty.  Other  than  that  in  which  a  judgment  may  be  agamst  him,  shall  other  coun- 
be  arrested   by  virtue  of  a  capias  ad  satisfacienJum  issued  thereon,  nver  per«)n- 
and  shall  give  bond  in  terms    of  the  '^  Act  for  the  relief  of  honest  *d  ^he^sh^a; 
debtors,"  it  shall  be  lawful  for  such  debtor  to  deliver  to  the  Sheriff  of  jf^JJjJ^^* 
the  County  in  which  he  resides,,  any  personal  property  (other  than 
choses  in  action,)  specified  in  his  schedule,  which   Sheriff  shall  hold 
the  same  subject  to  the  order  of  the  Court  from  which  said  execution 
shall  be  issued,  and  shall  give  to  said  debtor  a  certificate  of  such  de-  Certificate, 
livery,  whicii,  on  being  filed  with  his  schedule,  shall  be  sufficient  to 
authorize^  the  discharge  of  the  debtor  on  taking  the  oath  prescribed, 
^o  far  as  relates  to  such  property. 

37.  When  any  debtor,  after  giving  bail,  or  security,  on  mesne  or  ^^^^JgJgJ"'' 
final  process,  s.iall  be  surrendered  by  his  bail  or  security, 'and  com-  ban  not  to  Be 
Tftitted  by  the  Sheriff  to  jail,  it  shall  not  be  lawful  for  any  Court  to  until  lo^days 
discharge  such  debtor  from  custody,  because  of  the  jail  fees  not  be-  JTaintiff  to 
ing  paid  or  secured,  unless  the  Sheriff  or  Jailer  shall  give  at  least  tenP^^"''^^^  ^®®* 
days  prior  notice  in  writing,  to  the  plaintiff  or  his  attorney,  who  shall 

be  allowed  that  time  within  which  to  pay  or  give  security  for  the 
jail  lees,  and  thereby  prevent  such  discharge.* 


Ail  Act  to  extend  the  provisions  of  an  Act  assi^nted  to  Dec.  11th,  1841, 
and  also  an  Act  assented  to  Dec.  22d,  1843,  so  as  to  exempt  from 
levy  and  scdc  certain,  property  therein  mentioned.— ApjyiOYed  Dec. 
29,  1845.     Pam.  42. 

^  •  '  _ 

38.  Sec.  I.     Be  it  enacted,  That  the  provisions  of  the  Act  to  ex-^^^7^a^"«o' 
fempt  from  levy  and  sale  under  execution,  certain  property  therein  Town, 
mentioned,  assented  to  December  the  eleventh,  eighteen  hundred  and  lage  eximpt. 
forty-one,  and  the  Act  amending  the  same,  assented  to  on  the  twen- 
ty-second December,  eighteen  hundred  and  forty-three,  be  extended 
■to  the  citizens  of  any  City,  Town  or  Village  in  this  State,  and  to 
Jinclude]  exclude  real  property  in  such  places  not  exceeding  in  val- 
-ue  two  hundred  dollars. 

Sec.  II.     [Repealing  clause.] 

♦SwActof  1847,  "Judiciary,"  sec.  292. 


392 


INTEREST— 1759. 


Feme  sole  exempt  from  im.prisonment. 


An  Act  to  abolish  imprisonment  for  debt,  so  far  as  relates  to    Wid- 
oics  and  feme  soles. — Approved  Dec.  28,  1847.     Pam.  112. 

Widows  and  39.  Sec.  I.  Be  it  euacted^  That  no  widow  or  other  ferae  sole 
fre^e  from  shall  hereafter  be  arrested,  imprisoned,  or  in  any  manner  restrained  or 
forSt"™'^  deprived  of  her  liberties,  for  or  on  account  of  any  deljt  or  demand 

against  her,  arising  upon  any  contract  made  or  entered  into  after  the 

passage  of  this  Act. 

Sec.  II.     All  laws  and  pai'ts  of  laws  militating  against  this  Act  be, 

and  the  same  are  hereby  repealed. 


An  Act  to  amend  an  Act  approved  December  the  tenth.  1803,  to  au- 
thorize the  Justices  of  the  Ivferior  Courts  of  this  State  to  dis- 
charge Insolve7it  Debtors  confined  by  process  from  any  Court  oj 
this  State  whatever,  so  far  as  to  amend  the  caption  of  the  same. 
Approved  Feb.  23,  1850.     Pam.  268. 

Act  of  1803,       40.   Sec.  I.     Be  it  enacted,  That  the  caption  of  said  Act  be  so 
and  deeiar-  amended  as  to  read  as  follows  :  '"'an  Act  to  authorize  the  Justices  of 
ed  valid,      ^j^^  Inferior  Courts  of  this  State  to  discharge  insolvent  debtors  con- 
fined by  process  from  any  Court  of  this  State  whatever,  and  to  au- 
thorize Magistrates  to  require  bond  to  prosecute  in  criminal  cases ;" 
and  that  the  said  Act  be  as  valid  as  if  again  enacted. 

Sec.   IL     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  1766.     Yol.  I.  182.] 


interest; 


Sec.  1.  PpAinents,  how  aiDplied. 
"     2.  Judgnients,  how  entered. 


Sec.  3.  La^-fiil  interest. 
"     4.  Interest  on  judgments. 


An  Act  for  reducing  the  Interest  of  Money  in  this  Province. — Ap- 
proved March  27,  1759.  Yol.  I.  270.  [Eight  per  cent,  superseded 
by  subsequent  Acts.] 

*For  Act  hi  relation  to  interest  to  be  charged  against  executors,  adnihiistrators, 
and  guardians,  see  "Executors,  Administrators,"  &c.  sees.  15o,  156. 

As  to  interest  on  ludiquidated  demands,  and  verdicts  increased  by  interest,  see  "  Ju- 
diciary," sec.  133. 


^_ INTEREST— 1814-'45. 393 

lliile  of  computing  interest — Effect  of  usury — Lawful  interesit,  7  per  cent. 

All  Act  to  establish  an  vniform  mode  of  calculating  interest  in  this 
Stale,  and  to  yrevent  the  collection  of  Compound  Interest. — Ap- 
proved Nov.  23,  1814.     Vol.  III.  336. 

Whereas,  it  is  just  and  equitable  that  there  shall  be  an  uniform 
and  definite  mode  practised  throughout  the  State  for  calculating  in- 
terest. 

1.  Sec.  I.     Be  it  enacted,  Sfc.  That  in  future  the  mode  of  calcu-j^^yj^^J'j^p;;^^* 
latino  interest  in  this  State  shall  be  at  and  after  the  rate  of  ei^iit  perfiptto  the 

°  1      n   1  1  discharge    of 

cent,  per  annum  ;  and  whenever  any  payment  shall  be  made  on  any  interest  d«o 
note,  bond,  or  other  instrument,  demand,  execution,  or  judgment, 
where  any  interest  has  accrued  on  any  such  note,  bond,  or  other  in- 
strument, execution,  or  judgment,  such  payment  shall,  in  the  first 
j)lace,  be  applied  to  the  discharge  of  interest  due,  and  no  part  of  the 
principal  shall  be  considered  as  discharged  until  the  interest  shall  have 
been  first  extinguished.  Provided,  nevertheless,  that  in  all  cases  JgfJ'^^j^i^^^' 
where  the  payment  made  shall  not  be  sufficient  to  discharsre  all  the  unpaid,  it 

^    ^  .  *  ^  sliall  not  rar- 

mterest  due  at  the  tmie  oi  the  payment,  no  interest  shall  at  any  lu-  rj-  interest. 
ture  pa^anent  be  calculated   on  the  balance  of  interest  which  was 
left  unpaid. 

2.  Sec.  IL     In  all  cases  where  iudoments  may  hereafter  be  ob-P""9p:i' 
tained,  all  such  judgments  shall  be  entered  up  for  the  principal  sum  kept  sepa- 
due  with  the  interest,^  but  no  part  of  such  judgment  shall  bear  in- entTy"of '^ 
terest,  except  the  principal  which  may  be  due  on  the  original  debt,-^'"'='"®"^*' 
any  law,  usage,  custom,  or  practice  to  the  contrary  notVA^ithstanding. 

An  Act  to  alter  and  amend  an  Act  entitled  an  Act  for  reducing  the 
Interest  of  Money  in  this  Province,  passed  March  27,  1759,  so 
far  as  relates  to  Usurious  Cofitracts. — Approved  Dec.  23,  1822. 
Vol.  IV.  488.     [Superseded  by  next  Act.] 

An  Act  to  alter  the  law  in  relation  to  Interest  on  Money. — Approved 

Dec.  17,  1845.     Pam.  35. 

3.  Sec.  I.     Be  it  enacted.  That  all  contracts,   bonds,  notes,  and  f;*^'^j"l'""^ 
assurances  whatsoever,  made  after  the  passage  of  this  Act,  ''by  or<*-enf- 
with  an  incorporated  bank,  or  any  other  person  or  persons,  whether 
natural  or  artificial,"  for    the    payment    of  any  principal   on  money, 
goods,  wares,  or  merchandize,  or  other  commodities  whatsoever,  to  be 

lent,  covenanted,  to  be  performed  upon  or  for  any  usury,  whereupon  or  fj^^'n^c^*^"^"' 
whereby  there  shall  be  reserved  or  taken  above  the  rate  of  seven  per  tract, 
centum  per  "annum,  shall  be  void  and  of  no   eifect,  except  so  far  as 
to   authorize  the    recovery  of  the    principal  due    thereon,  and   no 
more.*'^ 

*As  to  pica  of  usury  and  discovery  by  defendant,  see  "Judiciary,"  sec.  454. 

fl.]  Does  not  apply  to  cases  where  the  recoTcry  is  in  damages.     6  Qa.  303 

[2.]  Interest  voluntarily  paid  may  be  recovered  back.     1  A'<?%,  140.     In  Equity,  376.     But 

when  paid  onone  note,  and  suit  is  brought  on  another  by  the  holder  of  both,  it  cannot  be 

pleaded  as  payment ;  it  may  be  as  a  set-off.     1  Kelli/,  241. 
A  contract,  usurious  in  its  inception>  continues  so,  although  renewals  may  be  made  of  the 


394 


INTEREST— 1845. 


Kates  of  interest  in  different  States. 


^?dKinent'"  '^-  ^^'^-  ^^'  ^^^Y  j'^dgmeiit  hereafter  rendered  in  any  Court  of 
Biiriie  as  on  this  State,  shall  bear  interest  (so  far  as  reorards  the  principal  debt)  at 
•ion.  the  same  rate  as  that  borne  by  the  contract  upon  which  such  judg- 

nieni  may  be  obtained.  * 


[Statutes  omitted  as  obsolete,  repealed,  or  superseded. 
Act  of  1755,  (10  per  cent.)  Watk.  44.] 


Provincial 


The  following  are  the  rates  of  interest  in  the  several  States  of  the  Union : 


Maine,  (a)  six  per  cent. 
New  Hampshire,  (A)  six  per  cent. 
Vermont,  (c)  six  per  cent. 
Massachusetts,  (6)  six  per  cent. 
Rhode  Island,  (c)  six  per  cent. 
Connecticut,  (r)  six  per  cent. 
New  York,  {d)  seven  per  cent. 
New  Jeruey,  (a')  six  per  cent. 
Pennsylvania,  (<")  six  per  cent. 
Delaware,  (./)  six  per  cent. 
Maryland,  {<•)  six  per  cent. 
Yuv^inia,  (  / )  six  per  cent. 
North  Carolina,  (c)  six  per  cent. 
South  Carolina  (if)  seven  per  cent, 
Georgia,  seven  per  cent. 
Alabama,  (/i)  eight  per  cent. 


Mississippi,  (i)  six  per  cent. 
Louisiana,  (/)  six  per  cent. 
Tennessee,  (/)  six  per  cent. 
Kentucky,  (c)  six  per  cent, 
Ohio,  (/i")  six  per  cent. 
Indiana,  (d)  six  per  cent. 
Illinois,  (v)  six  per  cent. 
Michigan,  (A)  seven  per  cent. 
Missouri,  (/)  six  per  cent. 
Arkansas,  (m)  six  per  cent. 
Wisconsin,  (//)  seven  per  cent. 
Iowa,  {/J)  seven  per  cent. 
Florida,  (/)  six  per  cent. 
Texas,  (o)  eight  per  cent. 
California,  no  laws  on  this  subject — matter 
of  contract. 


NOTES  TO  FOREGOING  TABLE, 

(a.)  Excess  of  interest  forfeited;  debtor  may  swear  off  Avhen  sued  ;  no  penal  offence; 

(6.)  Tliree  times  the  usury  forfeited.     In  Massachusetts,  tliree  times  the  interest. 

(c.)  Extra  interest  forfeited. 

(^d.)  Debt  forfeited  for  usury. 

{f.)  Forfeiture  of  entire  debt — one-half  to  State,  one-half  to  informer.  llaLlroad 
and  Canal  Companies  exempt  from  the  law. 

(/.)  Contract  void — forfeiture  of  double  the  amount  loaned — one  half  to  informer. 

(jOf.)  Principal  recoverable  without  costs. 

(A.)  Principal  only  recoverable — usurs',  penal  offence. 

(t.)  Conventional  interest  eight  per  cent.  Interest  forfeited.  In  Mississippi  on  money 
loaned,  may  be  te?i  pir  cent. 

(/.-.)   Conventional  interest  ten  per  cent. — excess  cannot  be  recovered. 

(/.)  All  interest  forfeited. 

{m.)  Conventional  interest  ten  per  cent. — debt  forfeited. 

{n.)  No  usury  law. 

{o.)  Conventional  interest  twelve  per  cent. — intereifc  forfeited. 

securitj.  It  may  be  purged,  however,  by  an  accounting  and  a  dodustion  of  the  usury.  1 
Kelly,  392,  41G.     6  Ga.  253. 

Back  interest,  if  the  debt  is  not  punctually  ipaid,  may  be  recovered  as  stipulated  damages. 
1  Kelly,  469, 

If  a  surety  pays  usurious  interest,  knowing  it  to  be  such,  he  cannot  recover  it  back  out  of 
his  prmcipal.     8  Ga.  562. 

[1.]  See  7  Ga.  204. 


Sec. 

1. 

2. 

3. 

•♦• 

4. 

5. 

6. 

7. 

8. 

INTERNAL  TRANSPORTATION— Railroads— 1839.  395 

Kemcdy  of  land  o^'mer. 


INTERNAL  TRANSPORTATION. 

ART.  I.   RAILROADS. 

1.  General  Laws. 

2.  State  Road. 

3.  Piin'ATB  Corporations. 

ART.  II.    STEAMBOAT  AND  CANAL  COMPANIES. 

1.  General  Laws. 

2.  Private  Corporations. 

ART.  in.  TURNPIKE  AND  PLANK  ROADS. 

1.  General  Laws. 

2.  Private  Corporations. 

ART.  I.     RAIL  ROADS.*— L  General  L.vws. 


Award  of  Appraisers. 
Stock — oath  of  neighbors. 
Refusal  to  pay — suit. 
Refusal  to  appoint  Appraisers. 
Time  of  meeting — Award. 
Liability  for  stock. 
Proceedings  to  assess. 
Notice  as  to  Agent. 
0.  Engineer  and  Agent's  duty. 


Sec.  10.  Engineer's  oath. 

'•  11.  Complainant's  oath. 

•'  1*2.  Fraud  in  Claim. 

"  13.  Baggage  Checks. 

•*  14.  Filing  of  award — api  eal. 

*'  15.  Freight  Train  on  Sabbath. 

•'  16.  Duty  as  to  Slaves. 

♦'  17.  Liability  for  escapes. 


An  Act  to  declare  the  remedy  of  a  freeholder,  through  whose  land 
(inij  of  the  chartered  Railroads  of  this  State  shall  pass. — As- 
sented to  Dec.  23,  1839.     Pam.  191. 


Whereas,  several  of  the  Acts  incorporating  of  Railroad  or  Rail- 
roads and  Banking  Companies,  or  Railroad  and  Canal  Companies,  re- 
quire that  an  award  in  ce'rtain  cases,  where  the  right  of  way  is  dis- 
puted, shall  be  made  by  appraisers,  without  declaring  whether  such 
award  is  to  be  made  by  a  majority  or  the  whole  of  such  appraisers, 
to  the  injury  of  freeholders,  for  remedy  whereof: 

1.   Sec.   I.     Be  it  enacted,  That  in  all  cases  where  a  majority  of  ^^"^  «^, 

1  11  1  •  r  *  A  /-     •         inajnrity  of 

appraisers  appointed  under  the  authority  01  any  Act  or  Acts  oi  in- appraisers 
corporation  of  any  Railroad  or  Railroad  and  Canal  Company,  shall 
agree  and  return  their  award  in  conformity  to  the  rules  provided  in 
such  Act  or  Acts  of  incorporation,  the  same  shall  be  deemed  and  held 
to  be  the  av/ard  of  the  appraisers,  and  such  other  proceedings  by  appeal 
or  otherwise,  shall  be  had  thereon,  as  are  provided  for  in  said  Act  or 
Acts  of  incorporation,  severally. f 


•uflicient. 


*For  Act  requiring  Raikoad  Companies  to  keep  in  repair  roads  crossed  by  them, 
«ee  "  Roads,  Bridges,  &c."  sec.  58.  As  to  exemption  of  Railroad  hands  from  working 
on  public  roads,  sec  same  title,  sec.  %Q. 

fThe  provision  in  all  of  the  Railroad  charters  in  Georgia,  referred  to  in  this  Act, 
is  substantially  the  same  with  that  in  the  Central  Railroad  charter,  which  may  be  found 
in  the  XVth  sec.  Prince  332.  Pam.  of  1835,  217. 


396      INTERNAL  TRANSPORTATION— Railroads~1840-' 43. 

Liability  for  stock  killed — ^.Assessment  of  damages. 

An  Act  to  define  the  liability  of  the  several  Railroad   Companies  of 
this  State,  for  the  loss  of  Stock  Jcillcd  or  wou7idcd  by  the  rurming 
of  Cars  or  Locomotives  on  their  Roads,  aiid  to  regulate  the  mode 
of  proceeding  in  such  case's.— Assented  to  December  23,   1840. 
Pam.  151. 

[This  Act  re-enactel  with  ameiidmeDts,  in  1847,  see  sec.  6.] 


An  Act  to  amend  an  Act  to  define  the  liabilities  of  the  several  Rail- 
road Companies  in  this  State,  for  the  loss  of  Stock,  killed  or 
woiin/Ied  bij  the  running  of  Cars  or  Locomotives  on  their  Roads  ; 
and.  to  regulate  the  mod.e  of  proceeding  in  such  cases,  assented  to 
23d  December,  1840,*  and  for  other  purposes. — Assented  to  Dec. 
23,  1843.     Pam  1 15. 

oaihoftwo      2.   Sec.   I.      Be  it  eriacted.   That  from  and  after  the  passage  of  this 
an'W^nor    Act,  that  any  person  whose  stock  has  been  killed  or  wounded  by  the 
yliue"^^  ^^  engines  or  cars  of  any  of  the  Railroad  Companies  of  this  State,  may 
get  two  of  his  neighbors  to  view  and  value  the  same  ;  and  the  oaths 
of  the  owner  arid  the  neighbors  aforesaid,  shall  be  taken  in  evidence 
on  the  trial,  as  hereinafter  provided  for. 
On  refusal  to      3.   Sec.  H.     Upou  Tcfusal  by  any   Railroad    Company,   to  pay  to 
rSv  blJ^      the  complainant  the  damages  so  assessed  as  aforesaid,  the  party  ag- 
biaught       grieved  may  bring  his  suit  against  the  Company,  in  the  proper  Court, 
in  the  County    where   the    President  of  the  Railroad  Company  re- 
sides, and  in  a  Justice's  Court, ^  if  the   damages  assessed  are  under 
thirty  dollars  ;  and  upon  the  trial  of  the  case  or  cases  so  brought,  it 
shall  and  may  be  lawful  for  the  plaintiff  to  use  in  evidence,  the  award 
of  the  Jury  summoned  to  assess  the   damages ;  and  upon  recovery 
Exeeution.    agaiust  the  Company,  he  or  she  shall  be  entitled  to  execution  as  m 

cases  of  debt.  ^ 

On  refusal        4.   Sec.  III.     Whenever  any  Railroad  Company  shall  neglect  to 

ufnoramaty  nominate  a  person,  on  its  part,  to  assess  damages  sustained  by  reason 

iia'Pomirt    of  the  use,  by  the  Company,  of  the  land,  lumber,  or  materials  of  any 

nate""™^'    person,  the  Inferior  Court  of  the  County  in  which  such  land,  lumber, 

or  materials  may  be,  or  any  three  of  the  Justices  of  the  said  Court, 

shall  appoint  a  disinterested  freeholder  of  the  County,  on  the  part  of 

the  Company,  to  assess  the  dam.ages,   in   concert  with   the   persons 

nominated  by  the  party  injured,  and  by  the  Court,  according  to  the 

Ten  days     existing  laws  :   Provided,  said  Company  shall  neglect  to  nominate  a 

person  on  its  part  for  the  period  of  ten  days  after  the  appointment  by 

the  person  injured,  and  notice  thereof  to  the  Company. 

Time  of  5.   Sec.  IV.     The  persons  appointed  shall  meet  for  the  purpose  of 

assessing  the  damages,  at  such  time  as  the  person  appointed  on  behalf 

Award.       cf  the  Court,  shall  direct ;  and  the  award  of  said  persons,  or  any  two 


*More  ample  provisions  in  the  next  Act,  (1817.) 

[1.]  This  Act  prospective;  before  its  passage,  Justices'  Courts  had  no  jurisdiction  of  tres- 
passes. 1  Kelly,  173. 


INTERNAL  TRANSPORTATION— Railroads— 184.7.  397 

Injii.ry  to  stock — Agent  of  Company — Assignment — Suit. 

of  them,  shall  be  sufficient  to  determine  the  damages  sustained,  from 
which  an  appeal  may  be  taken  in  manner  directed  by  the  fifteenth  Appeal. 
section  of  the  Act  approved  on  the  14th  day  of  December,   1835,  in 
relation  to  the  Central  Railroad  and  Canal  Company.* 


An  Act  to  define  the  liabilities  of  the  several  Railroad  Companies  of 
this  State  j or  injarij  (o  or  destruction  of  live  stoclc  or  other  proper- 
ty hy  the  I'unning  of  cars  or  locomotives  on  their  Roads,  and  regu- 
late the  mode  of  proceeding  in  such  cases^  and  to  define  their  duties 
and  liabilities  to  pastsengers,  and-  to  regulate  the  mode  of  proceeding 
thereon.-]- — Approved  Dec.  30,  1847.   Pam.  250. 

6.  Sec.  I.     Be  it  €7iacted,  That  the  several  Railroad  Companies  ^'ability  for 
of  this  State  shall  be  held  liable  in  law  for  any  damage  done  to  live  ^  ''*^'"^-'^^^' 
stock   or  other  property   (to   the  owner  or  owners  thereof )  by  the 
running  of  the  cars  or  locomotives  of  said  Companies  on  their  Roads 
respectively. 

7.  Sec.   II.     For  the  better  ascertainment  and  settlement  of  such  Agent oiot.. 
damages  hereafter,  it  shall  be  the  duty  of  each  of  said  Companies  to  t>uty. 
appoint  an  agent  or  agents  to  attend  at  the  depot  of  the  Company  on 

each  Justice's  Court  day  to  hear  any  complaint  for  damages  as  afore- 
said, he  putting  a  notice  in  writing  at  the  district  Court  house  door 
of  his  attendance  and  readiness  to  do  so,  by  or  before  mid-day  ;  and 
in  case  of  disagreement  between  such  agent  and  the  complainant,  i"  case  of 
either  as  to  the  fact  of  such  damage  being  done,  or  the  amount  of  reference, 
the  same,  they  may  each  choose  one  disinterested  freeholder  of  the 
district,  which  two  shall  choose  a  third,  who,  after  being  sworn  be- 
fore a  Judge  or  Justice  of  the  Peace  truly  and  impartially  to  estimate 
the  damages  in  the  case  submitted  to  them,  shall  estimate  and  assess 
such  damages,  and  give  their  award  in  writing  ;  and  upon  the  pre-  Award.    , 
sentation  of  such  award  by  the  person  so  aggrieved,  his  agent  or  at- 
torney, to  such  agent  of  the   Company,    or  the  president  or  cashier 
of  any  such  Company,  and  a  refusal  to  pay  the  amount  of  the  same  ^"it  on  re- 
to  the  person  so  presenting  it,  or  his  order,  such  person  so  damaged  "^^  ^  ^^^' 
or  aggrieved  may  commence  his  suit  against  such  Company  in  the 
proper  County  and  Court,  for  the  damages  aforesaid,  and  upon  the 
trial  of  such  suit  the  written  award  shall  be  conclusive^  of  such  dam-  ^^^ard  con- 
ages  aforesaid,  and  read  as  evidence  in  said  case  ;  and  upon  the  trial  dence. 
of  the  case,  (which  shall  be  at  the  first  term  of  the  Court,)  the  Jury 
shall  find  for  the  plaintiff  the  amount  of  the  damage  to  the  property, 
the  Railroad  fare  to  the  Court  and  back,  and  such  damage  for  time  Damages. 
and  trouble,  not'  less  than  fifty  per  cent,  on  the  damage  for  the  pro- 
perty, as  to  them  may  seem  reasonable  and  just :  Provided,    if  the 
Railroad  agent  does  not  attend  and  select  a  freeholder  as  before  pro-  Proceedings 
vided,  then  one  of  the  Justices  of  the  Peace   shall   select  one  free-  Tgent?  "'^ 

*The  section  referred  to  simply  stat-^d  "with  the  right  of  appeal  to  either  party  to  be 
tried  by  a  special  Jury,  at  the  next  term  thereafter  of  the  Superior  Court  of  said  Coun- 
ty." Prince's  Digest,  332.  Pam.  of  1835,  217. 

fThis  Act  amended  by  Act  of  1850,  sec.  14. 

JEormer  Act  of  1840,  made  it  prima  facie  evidence. 


398      INTERNAL  TRANSPORTATION— Railroads— 184r-'50. 

Oath  of  Eiigiiieers — Oath  of  Comphiinant — Checks. 

holder,  the  complainant  one,  and   they  two,  one   other,  which  three 
shall  assess  the  damage  and  award  as  aforesaid. 
Notireofap-      8.   Sec.   III.     Thc  Company  shall  notify  the   Magistrate  of  the 
agl;nt."°'^^ "  district  and  the  Clerk  of  the  Superior  Court  of  the  County,  of  the 
appointment  of  such  agent  as  is  before  provided  for,  and  such  Clerk 
shall   record  the  notice  served  on  himj  and  receive  one  dime  for  re- 
cording the  same. 
Duty  of  en-       9.   Ssc.  lY.     The  engineer  shall  render  to  the  agent  at  each  depot 
agem'^''     an  account  of  all  the  stock  or  other  property  damaged  between  that 
and  the  last  depot,  which  account  the  agent  siiall  enter  in  a  book  to 
be  kept  by  him,  which  book  shall  be  at  all  times  open  to  any  person 
wishing  to  inspect  the  same. 
Oath  of  en-        10.   Sec.  Y.     Before  entering  on  his  duties,  the  engineer  shall 
gineer.        ^^^^  ^^^  subscribc  au  oath  to  render  a  true  account  to  the  agent  at 
the  depot,  as  above  required,  of  all  property  damaged  as  aforesaid  ; 
Penalty.      ^ud  any  Railroad  Company  employing  an  engineer  to  whom  such 
oath  has  not  been  administered,  shall  pay  each  and  every  land  owner 
through  Avhose  land  the  Road  runs,  at  the  rate  of  five  dollars  per  mile 
for  each  and  every  trip  through  said  land. 
Path  of  com-      11.   Sec.  VI.     The  complaiuaut,  ou  making  complalut,  shall  talvB 
p  dinant.      ^..^^  subscribc  an  affidavit  that  he  or  she  has,  to  the  best  of  his  or  her 
knowledge  or  belief,  sustained  damages  without  any  fraud  or  combi- 
nation on  his  or  her  part  directly  or  indirectly,  which  affidavit  shall 
be  attached  to  the  award  before  it  can  be  re  id  as  testimon}^ 
Fraud  in  the      12.   Sec.  VII.     If  OU  the  trial  it  shall  appear  to  the  Jury  that  the 
plaiiitiTi  practised  or  attempted  to  ])ractise  iraud  on  such  Company  m 
relation  to  the  property  damaged,  the   Jury  shall   give  a  ve.dict  in 
favor  of  the  Company  for  cost  and  such  damage  as  they  nmy  believe 
the  Company  has  sustained  by  reason  of  the  said  suit. 
Baggage  13.   Sec.   VIII.     Whenever  the  baggage  of  a  passcugcr  is  rcccived 

by  the  Railroad  agent  and  put  aboard  a  car.  the  conductor  shall  at- 
tach to  each  parcel  of  baggage  a  metalic  check  containing  a  number 
and  the  depot  to  which  the  baggage  is  to  be  transported,  and  at  the 
same  time  shall  give  a  duplicate  or  duplicates  to  the  owner  of  iho 
Damage  for  baggage,  for  wiiich  baggage  the  Company  shall  be  liable,  with  treble 
damage  for  any  detention  the  passenger  may  suiier  by  delay  in  re- 
covering the  same. 

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


delay. 


A?i  Act  to  amend  the  Act  passed  at  the  last  session  of  the  General 
Aiise7nbly  in  relation  to  the  liahtUtu  of  Railroad  Companies  for  in- 
jury to  or  destruction  of  live  stock  and  other  property  by  the  run- 
ning of  cars  or  locomotives  on  their  roads^  and  for  other  purposes 
therein  contained. — Approved  Feb.  23,  1850.     Pam.  337. 

Award  to  b6  14.  Sec.  L  Bc  it  enacted^  That  in  all  cases  where  '  an  award 
^?*^'^,?.  shall  be  made  in  conformity  with  the  provisions  of  the  second  section 
fice^  and  of  Said  Act,  thc  same  shall  be  filed  in  the  Clerk's  office  of  the  Supe- 
Sl'preSent  rioi  Court  of  the  County  in  which  the  principal  officer  of  the  Rail- 


INTERNAL  TRANSPORTATION—Railroads— 1850.  399 

III  '  '     ' ' • '  '    •  m'f 

Awards — Freight  trains — .Slaves  without  permits. 

-.      ^4. 

Toad  Company  may  be  ;  and  it  shall  be  the  duty  of  such  Clerk  to 
make  out  and  serve  a  copy  thereof  on  the  president  of  said  Company, 
or  by  leaving  it  at  said  Company's  office  within  ten  days  after  the 
iiling  of  said  award  ;  and  within  twenty  days  after  such  service  the  Execution 
Clerk  shall  issue  execution  for  the  amount  of  said  award  and  the 
.costs  attenduig  said  filing,  copy  and  service  against  said  Company — 
imless  the  said  Company,  by  one  of  its  officers  or  its  attorney,  shall  Appeal, 
enter  an  appeal  in  the  usual  manner,  on  paying  costs  and  giving  se- 
curity, in  which  case  said  claim  for  damages  shall  stand  for  trial  be- 
fore the  special  Jury  at  the  first  term  after  such  appeal,  upon  the 
same  terms,  restrictions  and  liabilities  as  apply  to  and  govern  other 
appeal  cases,  and  judgment  and  execution  shall  be  rendered  and  issued 
accordingly. 


An  Act  to  prevent  the  running  of  all  freight  trains  npon  all  Railroads 
i)i  this  State  on  the  Sabbath  day. — Approved  February  11,  1850. 
Pam.  338. 

15.   Sec.   I.      Be  it  enacted,   That  from  and  after  the  first   day  of  Freight 
March  next,  it  shall  not  be  lawful  for  any  company  or  individual  to  }J'^fj'"^Jjjj''^^^^ 
run  any  freight  train  or  any  car  carrying  freight   upon   any  railroad  sabbath  dMy> 
now  existing,  or  that  may  hereafter  be  made,  in  this   State,  on  the 
Sabbath  day  ;  and  any  conductor  or  other  person  so  running    or  as- 
sisting in  running  any  train  or  car  carrying   freight   on  the    Sabbath 
day,  shall  each  be  guilty  of  a  misdemeanor  :  and  on  conviction  tliere- 
of  each  conductor  shall  be  fined  in  a  sum  not  exceeding  five  hundred 
dollars,  and  each  other  person  so  as  aforesaid  offending  shall  be  fined 
in  a  sum  not  exceeding  five  hundred  dollars. 

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


An  Act  to  make  it  a  penal  offence  J  or  any  conductor,  fireman,  cngi' 
neer,  or  other  officer  or  agunt  on  or  managing  or  cohducdng  any 
railroad  in  this  State  to  allow  arty  slave  to  travel  on  th.e  same,  (X- 
cpt  under  certain  circumstances. — Approved  February  21,  1850. 
Pam.  338. 

16.  Sec.  I.     Be  it  enacted.  That  from  and  after  the   passage  of  ^^'^ers  and 

1    .         .  1  1  n  •  1  rv^  Agents  pei"- 

this  Act,   that  any  conductor,  nreman,  engnieer,  or  other  omcer  or  imtting 
agent  on  or  conducting  or  managing  any  locomotive,  tender,  car  or  onTrai^n  ^^ 
cars  on  any  railroad  in  this  State,  Avho  shall  allow  any  slave  to  enter  J^j'J!,I,'"gJi5*fjJ^ 
and  travel  on  the  same,  in  the  absence  of  the  owner,  overseer  or  em-  ^^  ""*^^" 

/^  1        1  •   1  n  meaner. 

pioyer  of  said  slave,  or  without  a  VvTitteii  permit  from  the  owner, 
overseer,  or  employer  of  said  slave,  for  that  express  purpose, .  shall 
be  guilty  of  a  high  misdemeanor,  and  on  conviction  thereof  in  any 
Court  having  jurisdiction  of  the  same,  shall  be  punished  by  imprison- 
ment and  labor  in  the  Penitentiary  for  any  time  not  less  than  one 
year  nor  longer  than  three  years. 

17.  Sec.  II.     And  be  it  further  enacted ,  That  if  it  shall  be  made 


400 


INTERNAL  TRANSPORTATION.— State  Road. 


Analysis. 


ca[)es. 


ijabiiity  of  to  appear  that  any  negro  slave  shall  escape  on  any  railroad  car,  loco- 
k'Scs-  '^  motive  or  tender,  without  w^ritten  permit  from  the  owner,  overseer, 
or  employer,  such  owner,  overseer,  or  employer  may  recover  by  suit 
in  any  (/ourt  of  competent  jurisdiction  the  amount  of  the  value  of 
the  said  negro,  and  the  amount  of  ail  expenses  of  the  suit  incurred, 
from  said  Railroad  Company.^ 


[Statutes  omitted  as  obsolete,  repealed  or  superseded.  Act  of  1825, 
(Board  of  Public  Works,)  Yol.  lY.  91.  (Central  Railway,)  Ih.  90. 
1826,  lb.  94.      1820,  (Topographical  Engineer,)  lb.  426.]' 


2.  STATE  RAILROAD.* 


Sec 


18. 
19. 
20. 
21. 
22. 
23. 
24. 
26. 
26. 
27. 
28. 
29. 
30. 
31. 
32. 
33. 
34. 
3o. 
88. 
37. 
38. 
89. 
40. 
41. 
42. 
43. 
44. 
4.5. 
46. 
47. 
48. 
49. 
oO. 
51. 
52. 
53. 
54. 
5o. 
oQ. 
57. 
58. 
59. 
60. 
61. 
62. 


General  route. 

Sec 

63. 

Eugiiieer — location. 

a 

64. 

Siuj  e  r  intendent —  contracts . 

(. 

65. 

Draft  for  funds. 

(( 

66. 

Accounting — auditing. 

i( 

67. 

Right  of  ^vay. 

<( 

68. 

Bridges. 

(( 

69. 

Injuries  to  road. 

(( 

70. 

Name. 

<( 

71. 

Aid  to  branches. 

>( 

72 

Crossing  Chattahoochee. 

<< 

73. 

Engineer's  report. 

<( 

74. 

Extension  to  Tennessee. 

<( 

75 

Commissioners. 

(t 

76 

Their  ijowers. 

(( 

77 

Quarterly  returns. 

i( 

78 

S.  E.  terminus. 

(( 

79. 

Sale  of  stock. 

(< 

80. 

Election  of  Com. — oath. 

<( 

81. 

State  seal. 

a 

82. 

Repeiding  clause. 

(( 

83. 

N.  AV.  terminus. 

(( 

84. 

Unnecessary  Engineers. 

(( 

85. 

Sale  of  scrip. 

a 

86. 

Authentic  ation . 

(I 

87. 

Security  for  pa^anent. 

a 

88. 

Report  to  Legislature.    . 

(( 

89. 

Appropriation. 

(( 

90. 

Deposit  in  Central  Bank. 

<< 

91. 

Discretion  of  Board. 

(( 

92. 

Draft  on  Central  Bank. 

(( 

93. 

SiJecial  oath. 

« 

94. 

Proceeds  of  scrip. 

(( 

95. 

Stamp — D  evice. 

<( 

93. 

Evidence. 

(( 

97. 

Governor's  duty. 

<< 

98. 

Counterfeiting. 

<< 

99. 

Scrip — TV-hen  payable. 

(( 

100. 

Sale  for  iron. 

(< 

101. 

Coupons  for  taxes. 

(( 

102. 

Extra  damages. 

(( 

103. 

Presence  of  Commissioners. 

<< 

104. 

Determined  by  lot. 

(< 

105. 

Suspension  of  work. 

(i 

106. 

Disbursing  agent. 

«( 

107. 

Powers  and  duty. 

Assets — schedule. 

Engineers'  duty. 

Payment  of  piiblic  debt. 

Deposit  of  funds. 

Cancelling  of  bonds. 

Repealing  Act  of  1836. 

Repealing  Act  of  1841. 

Chief  Engineer. 

Completion  of  road. 

Sale  of  road. 

Terms . 

Governor's  duty. 

Appropriations. 

Work  of  convicts. 

Application  of  profits. 

Bonds  issued. 

Interference  v\-ith  road. 

Appointment  of  Agents. 

Oath. 

Bond  and  oath  of  Chief  Eng'r. 

Salaries — Assistant. 

Quarterly  returns. 

Additional  Engineers. 

Completion  of  road. 

One  contract. 

One  assistant. 

Early  completion. 

Bonds  issued. 

Sale  of. 

A  uth  entic  ation . 

Application  of  profits. 

Repeal  as  to  sale. 

Private  turnout. 

Treasurer's  bond. 

Other  agents. 

Embezzlement. 

Chief  Engineer's  warrant. 

Engine  runner's  oath. 

Sale  of  land. 

By-la  v/s. 

Restrictions  on  Engineers, 

Sale  of  land. 

Application  of  proceed*. 

Resolutions. 


*The  compiler  has  retamed  under  this  title  a// the  legislation  on  the  subject,  deeming 
the  same  important  to  legislators,  if  none  others.  He  has  by  notes  referred  to  suck 
as  is  repealed. 


(1.)  Held  ts  be  iLo  \::v^,  bo' :r?  th"  Statute:  8  Ga,  iCO. 


INTERNAL  TRANSPORTATION.— W.  &  A.  R.  R.— 1836.      401 

State  Ilailroad — Location — Engineers — Superintendent. 


An  Act  to  autliorize  tJte  construction  of  a   Railroad   communication 

J^roai  the  Tennessee  line,  near  the    Tennessee  river ,  to  the  point  on 

the   South-eastern  bank    of  the  Chattahoochee  river ^  most    eligible 

for  the  rimhing  of  branch  roads,  thence  to  AthenSy  Madison,    Mil- 

ledgville,   Forsyth,  aiid  Cohnnbns  ;    and  to  appropjnate  moneys 

therefor. — Approved  Dec.  21,  1836.     Pam.  214. 

18.  Sec.  I.     A  railroad  communication  as  a  State  work,  and  with  From  the 
the  funds  of  the  State,  shall  be  made  from  some  point  on  the  Ten- ureto^the 
nessee  line,"*  near  the  Tennessee  river,  commencing  at  or  near  Ross-  chee"rhe^ 
ville,  in  the  most  direct  and  practicable  route,  to  some  point  on  the 
southeastern  bank  of  the  Chattahoochee  river,  which  shall  be  most 
elisible  -for  the  extension    of  branch  railroads,  thence    to  Athens, 
Madison,   Mill  edge  vilie,  Forsyth,  and  Columbus,  and  to  any  other 
points  which  may  be  designated  by  the  engineer  or  engineers,  sur- 
veying the  same,  as  most  proper  and  practicable,  and  on  which,  the 
Legislature  may  hereafter  determine  -.Provided,  that  no  greater  sum 

than  ^350,000,  shall  be  appropriated,  annually,  to  the  work  contem-f-'^^'^'P^P  .^p^ 
plated  by  this  Act,  unless  a  future  Legislature  sh,all  otherwise  direct,  annually. 

19.  Sec.  II.  A  competent  Engineer  shall  be  forthwith  appointed  Engineer. 
by  the  Governor,  whose  duty  it  shall  be  to  make  an  accurate  and  in-  Purvey  and 
strumental  examination,  survey,  and  location  of  said  road,  and  an 
estimate  of  the  probable  cost,  Vvrhich  said  Engineer  shall  be  author- 
ized and  empowered,  under  the  control  and  direction  of  the  Gover- 
nor, to  employ  such  assistants,  surveyors  and  attendants!  as  shall  be 
necessary,  speedily  and  effectually  to  accomplish  such  snrvey  and  lo- 
cation, and  an  estimate  of  the  expenses  thereof;  and  the  salaries  and 
expenses  shall  be  paid  out  of  the  Treasury  of  this  State,  for  which 
purpose,  the  sum  of  $60,000,  be,  and  the  same  is  hereby  appropriat- 
ed and  set  apart. 

20.  Sec.  III.  So  soon  as  a  report  of  such  survey  and  location  Siinerin- 
and  estimate  shall  have  been  made  by  the  said  Engineer,  to  the  Ex- 
ecutive, if  the-.same  shall  show  the  v/ork  to  be  practicable  at  a  reason- 
able expense,  a  Superintendent!  shall  be  appointed  by  the  Executive, 
whose  duty  it  shall  be,  to  advertise  for  proposals  for  the  construction  contocts. 
of  said  road,  ox  such  parts  thereof,  as  shall  be  determined  by-  said 
Superintendent,  under  the  advice  of  said  Engineer,  to  be  first  built. 

And  on  the  receipt  of  satisfactory  proposals,  the  said  (Superintendent 
shall  accept  such  of  them  as  shall  be  most  advantageous  to  the  State, 
and  shall  insure  the  construction  tliereof,  within  a  tim^e  to  be  allowed 
by  the  Superintendent,  and  shall  have  authority  to  require  such  se- 
curities as  shall  be  deemed  necessary,  to  insure  the  faithful  perform- 
ance of  the  contracts  ;  Provided,  that  the  width  of  the  trbict  of  said  JJf^f^^*''^^^® 
railroad,  shall  be  five  feet,  from  the  inner  edge  of  one  rail,  to  the  in- 

*Exte7idcd  to  Tennessee  river  ;  see  subsequent  Acts. 

tSee  Act  of  1838,  sees.  40,  47. 

:J:Po^ver  and  duty  transferred  to  board  of  commissioners  by  A  st  of  1337,  see.  31  ;  by. 
Act  of  1311,  to  disbursing  agent,  (G2,)  and  by  Act  of  1843,  t:>  the  Governor  and  Chief 
Engineer,  sec.  71. 

51  • 


4tl2     INTERNAL  TRANSPORTATION.— W.  &  A.  R.  R._1836. 

Accounts — Right  of  way — Arbitration. 

Appropria-    ner  edge  of  the  other.     And  be  it  further  enacted,  That  the  sum  of 
^  ^      ■  $290,000,  be,  and  the  same  is  hereby  set  apart  and  appropriated  for 

the  year  1837,  for  the  accomplishment  of  the  work  contemplated  by 

this  Act.* 
B!oney',how      21.  Sec.  IV.     When  funds  shall  be  needed  to  dofrav  the  cxpenses 

to  b©  (UTiLWH. 

and  cost  of  the  work  on  said  road,  or  for  materials,  or  for  the  fulfil* 
ment  of  contracts,  the  same  shall  be  applied  for  to  the  Executive,  on 
the  certificate  of  the  Superintendent,  and  on  the  production  of  said 
certificate,  it  shall  be  the  duty  of  the  Executive  to  make  a  requisition 
on  said  fund,  for  the  amount  of  such  certificate. 

Acoonnting,  22.  Sec.  Y.  It  shall  be  the  duty  of  the  said  Engineer  and  Super- 
intendent, to  make  quarterly,  to  the  Comptroller  General,  a  return  of 
the  full   amount  of  their  respective  disbursements,  and  to  produce 

aad  auditing  their  vouchers  therefor,  and  it  shall  be  the  duty  of  said  Comptroller^ 
to  audit  such  accounts,  and  to  make  a  full  and  detailed  report  thereol 
at  the  end  of  the  session. 

Eight  of  way  23.  Sec.  VI.  The  Engineer  and  Superintendent  of  the  State 
shall  have  full  power  and  authority  to  treat  with  any  owner  of  land, 
or  any  executor,  administrator,  or  guardian,  having  the  legal  custody 
and  management  thereof,  through  which  said  Railroad  may  be  cut  or 
constructed,  or  from  which  any  timber  or  other  material  may  be  taken 
for  the  construction  of  said  Railroad,  and  to  fix  and  agree  upon  a 

Arbitration.  Compensation  for  the  same.  And  when  said  Engineer  and  Superin- 
tendent cannot  agree  Avith  such  owner  so  aggrieved,  (and  in  all  cases 
where  an  executor,  administrator,  or  guardian  is  concerned,)  the 
amount  of  injury  or  damage  sustained,  shall  be  in  writing  submitted 
to,  and  shall  be  adjudged  and  determined  by  three  arbitrators,  svv^orn 
to  do  justice  betv/een  the  State  of  Georgia  and  the  party  so  aggrieved, 
one  of  whom  shall  be  chosen  by  the  said  Engineer  and  Superintend- 
ent, one  by  the  other  party,  and  a  third  by  the  two  so  chosen,  or  in 
the  event  of  their  disagreement  in  such  choice,  by  any  three  or  more 
of  the  Justices  of  the  Inferior  Court  of  the  County  in  which  such 
land  may  lie,  either  in  term  time  or  vacation :  all  which  submission, 
choice,  or  appointment  and  award  shall  be  reduced  to  writing,  and  no 
act  bona  fide  of  any  executor,  administrator,  or  guardian,  and  in  con- 
formity with  this  Act,  shall  in  any  manner  prejudice  his,  her,  or  their 
interest,  but  shall  be  binding  on  the  heirs  at  law,  legatees,  or  orphans 
with  whom  he,  she,  or  they  may  have  to  account ;  and  it  shall  and 

*Tlie  folloT/ing  is  the  estimated  cost  of  Western  &  Atlantic  Railroad : 

Amount  expended  to  Sept.  SO,  1846, $3,192,694  09 

Expenditures  during  ith  quarter,  1843, 51,384  36 

1st        "         1847, 22,805  74 

«*         2d        "         1847, 7,179  32 

«                 «         3d        "         1847, 26,602  37 

Scrip  redeemed, 4,500  00 

$3,305,165  88 
The  above  statement  of  the  cost  of  this  work,  T^as  furnished  by  Col. 
Chas.  F.  M.  Garnetb,  Chief  Engmeer,  in  his  report  to  Gov.  Crav/- 
ford,  30th  Sept.  1847.  To  this  add  amount  appropriated  by  Act, 
SOih  Dec.  1847,  for  the  com.pletion  ^of  tbe  road  from  D alien  to 
Chattanooga a75,000  00 

Total  cost,..,. $3,CS0,165  88 


INTERNAL  TRANSPORTATION.— W.  &  A.  R.  R.— 1836.      403 

>■' ' — ^ '■ I    ■  „  ■ 

Appeal — Bridges — Injuries — Name — Branches. 

may  be  lawful  for  the  said  Engineer  or  Superintendent  for,  and  on  AppoaJy 
behalf  of  the  State,  or  for  the  other  party  to  the  award  of  said  arbi- 
trators to  present  to  them  a  written  declaration   of  dissatisfaction 
therewith,  and  desire  to  appeal  therefrom,  who  shall  thereupon  trans- 
mit forthwith  to  the  Clerk  of  the  Superior  Court  of  the  County 
wherein  said  land  may  lie,  all  previous  proceedings  in  the  case,  to- 
gether with  such  appeal,  to  be   tried  by  a  special  Jury,  as  in  other 
cases  of  appeal,  without  formal  pleadings  or  issue;  which  said  ap- 
peal shall  be  prosecuted  on  behalf  of  the  State  by  the  Attorney  or 
Solicitor  General  officiating  in  such  Court ;  and  upon  presentation  to  Payment  of 
the  Governor  of  any  such  agreement  or  avv^ard,  attested  by  a  Justice  ^'^  *^" 
of  the  Inferior  Court  of  the  County  wherein  said  land  may  lie,  or 
of  a  verdict  of  a  special  Jury   in  any  such  Superior  Court,  certified 
by  the  Clerk  thereof,   whereby  the  payment  of  a   sum  of  money 
has  been  accorded,  awarded,  found,   or  adjudged  to   any  individual 
in  the  manner  herein  pointed  out,  together  with  a  relinquishment  of 
the  land,  if  any  were  in  dispute,  it  shall  be  his  duty  to  make  a  re- 
quisition upon  the  fund  herein  before  appropriated,  in  satisfaction  of 
the  claim  so  adjusted.     In  making  the  said  valuation,  the  appraisers  Principles  of 
or  the  Court,  (in  case  of  appeal,)  shall  take  into  consideration  the  loss 
or  damage  which  may  accrue  to  the  owners  in  consequence   of  the 
land  being  taken  or  the  right  of  way  being  obstructed  ;  Provided, 
that  no  diiTerence  or  disao:reement  between  the  State  and  any  land- "^ork  not  to 

1      1  1  1      n  1         •     •  •  1  •  11  i'®  enjoined. 

holder  snail  operate  by  mjunction  or  otnerwise  to  suspend  the  pro- 
gress of  said  work ;  but  the  same  shall  in  all  cases  be  contiimed 
without  interruption,  if  such  submission  to  said  award  shall  be  ten- 
dered by  said  Superintendent  and  agent  as  aforesaid  ;  And  provided 
further,  that  it  do  not  interfere  v/ith  the  house,  mill,  or  other  build-  i*fovi3o. 
ing,  or  yard,  or  grave-yard  inclosure  of  individuals  or  churches. 

24.  Sec.  VII.     Whenever   the   said  railroad  shall   intersect  any  ^"dges- 
public  road,  the   State  shall  build  a  safe  and  substantial  bridge  or 
other  means  of  crossing,  to  be  afterwards  maintained  by  the  State, 

and  an}^  public  or  private  bridges  may  afterwards  be  built  across  the 
said  railroad  ;  Provided,  such  bridges  shall"  not  interrupt  the  use  of 
the  railroad. 

25.  Si<:c.   YIII.     Any  person  injuring  the  property  of  the  State,  or  Jj^^'^'J^H? ^J"- 
who  shall  upjawfully  throw  earth,  stones,  rubbish,  logs,  trees,  or  anyroad. 
other  matter  in  or  upon  the  railroad,  shall  be  punished  by  indictment 

for  a  misdyuieanor,  and  on  conviction  may  be  fined  and  imprisoned, 
or  fined  or  imprisoned,  at  the  discretion  of  the  Court ;  and  shall 
also  be  liable  for  such  damages  as  may  be  occasioned  thereby,  to  be 
recovered  by  action,  b<:  the  suit  of  the  State,  or  of  any  person  ag- 
grieved, in  any  Court  having  jurisdiction.* 

26.  Sec.  IX.     Said  railroad  shall  be  known  and  distinguished  asS®°^  ^® 
the  Western  and  Atlantic  Railroad  of  the  State  of  Georgia. 

27.  Sec.  X.      [And  for  the  encouragement  of  the  construction  ofp^^^^^^«  ""i^ 

,  .,  T      /.'-  ,  .  /.     T  -1  -ir.     -1  the  branches 

brancn  railroads  irom  tne  terminus  oi  tae  said  State  Railrom  on  the 
Chattahoo,:;hee  to  the  several  towns  of  Athens,  Mcidison,  Milledge- 
ville,  Forsytii  and  Columbus,     Be  it  further  enacted,  That  so  soon 

»SeeActof  1845,  sec.  80. 


404     INTERNAL  TRANSPORTATION.— W.  &  A.  R.  R._1836-'37. 

Branches — Re]3ort — Koad  extended — Board  of  Commissioners. 

as  charters  shall  have   been  obtained  for  the   construction  of  said 

branch  raihoads  or  any  of  them,  and  one-half  of  the  stock  shall  have 

been  subscribed  for,  in  all  or  either,  it  shall  be  the  duty  of  the  Gov- 

by  taking     emor  to  subscribc,  in  the    name  of  the  State,  for   one-fourth  of  the 

$-300,000  of  •       1         .         1  />  1  •  r-k  •   7     T       n  -1 

Stock.  capital  stock  oi  sucn  company  or  companies ;  Provided^  tnat  said 
subscriptions  shall  not  exceed  §200,000  to  any  one  branch  :  And 
provided  also,  that  the  State  shall  not  be  required  to  pay  any  part  of 
said  subscription  until  the   Avhole  capital  stock  of  any  such  compa^ 

Main  tnink  nies  shall  liavc  beeii  subscribed  for  ;   Provided  also,  that  nothing  in 

or  branches      i-a.itii  •  i  i  .  j      i  >  r  -i         • 

maybe        this  Act  shail  DC  SO  coustrucd  as  to  prevent  the  btate  irom  authonz- 
cr.^ed.       ^j^g  ^^^^y  company  now,  or  hereafter  to  be  incorporated  to  intersect  or 
cross  said  main  trunk,  or  any  branches  with  any   other  road ;  And 
further'  provided,  that  the  tracts  of  all  branch  roads,  by  this  Act  con- 
templated, shall  correspond  in  width  with  that  of  the  main  trunk.]* 
Whereto         28.   Sec.  XL     Tlic   Said  railroad  shall  cross  the  Chattahoochee 
oStlhoo-   river  at  some  point  between  Campbellton,  in  Campbell  County,  and 
chee.  Wynn's  ferry,  in  Hall  County. 

Engineer  to      29.   Sec.   XII.     The   Engineer  shall,  from  time  to  time,  at  least 
prog^-ess!'^    every  three  months,  report  to  the  Governor,  the  progress   of  said 
work,  and  that  he  cause  the  same  to  be  immediately  published  in  the 
several  gazettes  of  Milledgeville. 


An  Act  to  alter  and  amend  an  Act  entitled  an  Act  to  authorize  the 
construction  of  a  Railroad  conwiunication  from  the  Tennessee 
line,  near  the  Tennessee  river,  to  the  point  on  the  southeastern  harik 
of  the  Chattahoochee  river  most  eligible  for  the  running  of  Branch 
Roads,  thence  to  Athens,  Bladison,  Milledgeville,  Forsyth  and 
Columbus,  and  to  appropriate  money s  therfor  ;  passed  on  the  21s^ 
Bee.  1836.— Assented  to  Dec.  23,  1837.     Pam.  210. 

Whereas,  the  General  Assembly  of  this  State  did,  b^r  said  Act, 
provide  by  law  for  the  survey  and  location  of  a  Railroad  to  be  con- 
structed as  a  State  work,  out  of  the  funds  of  the  State,  from  some 
point  on  the  Tennessee  line,  commencing  at  or  near  Rossville,  to  a 
point  on  the  southeastern  bank  of  the  Chattahooche^e  river ;  and 
whereas,  a  survey  and  location  of  said  road  has  been  made  under 
the  provisions  of  said  Act,  and  it  is  deemed  expedient  that  a  perma- 
nent provision  shall  be  made  for  the  successful  and  vig^orcus  com- 
pletion of  the  work, 
Eoadtoei-  30.  Sec.  I.  Be  it  enacted,  That  there  shall  be  railroads  con- 
ri^w,'structed  on  the  route  surveyed,  and  located  under  the  provisions  of 


tend  to  Ten 
nessee 

J^^jf-^y^^Jhe  Act  herein,  before  referred   to,  to  the  northwestern,  boundary  of 

^^'  this  State,  or  to  the  Tennessee  river,  if  the  right  of  vv^ay  can  be  pro- 

»    cured  on  terms  that  may  be  deemed  reasonable  by  the  Governor  of 

this  State,  and  the  commissioners  hereinafter  named.f 

Three  com-       31.  Sec.  II.     For  tlic  general  Superintendence  of  Said  work,  there 


irnssioner;9» 


*Tlns  section  repealed  by  Act  of  1842,  sec.  69.. 

fSee  seyeral  resolutions  on  this  subject,  among  abstract  of  resolutions.    See  also  Acta 
pf  Tennessee  Legislature  at  tlie  end  of  this  Ai'ticle. 


INTERNAL  TRANSPORTATION— .W.  &  A.  R.  R.~1837.      405 

Duties — Ileturns  to  Governor — Terminus — Sale  of  scrip — Election  of  Commissioners. 

sh^ll  be  elected  by  the  present  session  of  the  Legislature  three  per- 
sons to  Act  as  commissioners,*  (one  of  whom  shall  be  the  President 
of  the  Board,)  whose  duty  it  shall  be,  with  the  advice  of  the  Engi- ^"''J''- . 
gineer-in-chief,  to  procure  such  officers  and  agents,  and  adopt  such 
system,  rules  and  regulations  as  may  be  deemed  best  conducive  to 
insure  the  immediate,  vigorous  and  successful  prosecution  of  such 
work,  and  tend  to  economical  expenditure,  and  the  establishment  of 
a  strict  accountability  of  the  officers  and  agents  employed,  which 
rules  and  regulations  shall  be  published  for  ike  information  of  all 
concerned. 

32.  Sec.  III.     The  said  Commissioners  shall  have  the  same  power  poww. 
and  authority  in  procuring  the   right  of  way  as  the  Superintendent 
and  Engineer  had  under  said  Act. 

33.  Sec.  IY.     It  shall  be  the  duty  of  the  President  of  said  Board  auanoriy 
to  make  quarterly  returns  to  the  Governor  of  this  State  of  the  dis- 
bursements of  the   current  quarter,  accompanied  by  the  necessary 
vouchers,  the  amount  of  work  finished  during  the  same  period,  and 

an  accurate   statement   of  the  condition  and  progress  of  the  road ; 
whij',h  returns  shall   be  published  for  the  information  of  the  people. 

34.  Sec.  Y.  The  said  Western  and  Atlantic  Railroad  shall  con- south  East - 
tinue  from  the  southeastern  bank  of  the  Chattahoochee  river  to  some  ""  ^'"""^^^ 
point  not  exceeding  eight  miles,  as  shall  be  most  eligible  for  the 
running  of  branch  roads  thence  to  Athens,  Madison,  Milledgeville, 
Forsyth  and  Columbus,  and  that  the  same  shall  be  surveyed  and 
located  by  the  Engineer-in-Chief,  upon  ground  most  suitable  to  an- 
swer the  purposes  herein  expressed. 

35.  Sec.  YI.     For  the  purpose  of  procuring  the  necessary  funds  saie  of  stock, 
for. the  accomplishment  of  said  work,  the  said  Commissioners  shall, 
conjointly  with  the  Governor  of  this  State,  from  time  to  time,  and 

in  such  sums  as  to  them  may  seem  most  expedient,  sell  or  dispose  of 

stock  to  be  created  on  the  credit  of  the  State,  bearing  an  interest  of 

not  more  than  six  per  centum  per  annum,  scrip  for  which  stock  shall  c  per  cent. 

be  issued  and  signed  by  the  Governor  and   the  President,  for  the 

time  being,  of  said  Board  of  Commissioners,  and  the  said  stock  shall 

not  be  redeemable  in  less  time  than  thirty  years  after  it  is  issued,  and  3q^'^^  ^^ 

the  interest  thereon  shall  be  paid  from  the  interest  on  the  discounted 

paper  held  by  the  Central  Bank  of  this  Sta,te  ;   Provided,  that  nothing 

shall  be  herein  so  construed  to  authorize  the  Commissioners  and  Not  more 

Governor  aforesaid  to  pledge   the  credit  of  the    State  for  an  amount  iS'ln^  one' 

not  more  than  five  hundred  thousand  dollars  during  any  one  year.      ^'^^'"^ 

36.  Sec  YII.     The  three  Commissioners  vdio   shall  be  elected  ^'e'^^i?".  of 
during  the  present   session  of  the  Legislature,  shall  hold  their  office  ers. 

for  one  year,  and  the  election  for  such  Board  of  Commissioners  shall 
be  held  annually,  and  shall  be  subject  to  removal  by  the  Governor  Removal, 
for  neglect  of  duty,  and  their  vacancies   shall  be    filled  by  the  Go- 
vernor, until  the  ensuing  session  of  the  Legislature,  and  shall,  before 
entering  upon  their  office,  take  and  subscribe  an  oathr  faithfully  to  oath. 
discharge  the  duties  thereof. 

*Disbursing  agent  substituted  by  Act  of  1843,  sec.  62,  and  he  replaced  by  Chief  En- 
gineer, sec.  71. 


406      INTEHNAL  TRANSRORTATION.— W.  &  A.  R.  R.— 1838. 


Northwestern  Termiitas — Enmieers — Sale  of  scrro. 


Seal  of  State.  37  gj,^.  YIII.  The  Secretary  of  State  be  authorized  and  directed 
to  attix  the  seal  of  this  State  to  scrip  or  certificates  of  debt  of  this 
State,,  issued  by  the  provisions  of  this  Act. 

Repealing  38.  Sec,  IX.  All  laws  or  parts  of  laws  militating  against  this 
Act,  and  especially  so  much  of  the  Act  of  December  21,  1836,  as 
relates  to  the  appointment  and  duties  of  a  Superintendent  be,  and 
the  same  are  hereby  repealed. 


clause. 


A71  Act  Jurther  to  amend  the  Act  of  the  General  Assembly  of  this 
JState,  for  the  location  and  construction  of  the  Western  and  Atlan- 
tic Railroad  of  the  State  of  Georgia,  passed  December  21st,  1836, 
and  the  Act  amending  the  same,  passed  December  23d,  1837.-^ 
Assented  to  Dec.  29,  1838.  Pam.  169. 


Location  of      39.  Sec.  I.     Be  it  enacted,  That  the  Commissioners  of  the  West- 
minus.        em  and  Atlantic  Railroad  of  the  State  of  Georgia,  be  authorized  and 
required  to  make  an,  examination  of  the  country  suitable  for  the  north 
western  termination  of  said  road,  and  to  have  the  route  surveyed  dur- 
ing the  ensuing  year,  and  thereupon  to  fix  upon  and  determine    the 
point  or  place  for  said  termination,  which  in  their  opinion  may  be 
most  conducive  to  the  prosperity  and  advantage  of  the  State ;  and 
unless  the  point  so  determined  shall  be  disapproved  by  his  Excel- 
lency the  Governor,  it  shall  be  held  and  considered  the  termination 
of  said  road  ;  and  they  are  hereby  authorized  to  make  any  and  all 
contracts  touching  the  land  where  said  road  shall  terminate,  as  they 
may  conceive  advantageous  to  the  State. 
Aiiunnecea-      40.  Sec.  II.     The  Commissioners  of  the  Western  and  Atlantio 
ne7i3^"f'be  Railroad,  be  and  they  are  hereby  required  to  discharge  from  the  ser- 
with."^^^     vice  of  the  State,  all  the  Engineers  whose  services  are  not  absolutely 
necessary  to  the  progress  of  the  work  on  said  road ;  and  that  they 
hereafter  discharge  said  Engineers,  or  any  part  of  them,  as  their  ser- 
vices on  the  Western  and  Atlantic  Railroad  can  be  dispensed  with. 


An  Act  to  authorize  the  sale  of  Scrip  or  certificates  of  State  debt,  and 
to  enlarge  the  duties  of  the  Commissiojiers  of  the  Western  and  At^ 
lantic  Railroad  of  Georgia. — Assented  to  Dec.  29,  1838.  Pam. 
223. 

$i,5oo,oooof  41.  Sec.  I.  Be  it  enacted,  That  the  Commissioners  of  the  West- 
Bcrrp  may  be  ^^^^  ^^^^  Atlantic  Railroad  of  the  State  of  Georgia,  with  the  con- 
currence of  his  Excellency  the  Governor,  are  authorized  to  sell  Scrip, 
on  certificates  of  State  debt,  to  the  amount  of  one  million  and  a  half 
of  dollars,  to  make  said  scrip  of  such  size,  form  and  denomination  as 
Proviao.  they  may  deem  most  advantageous  to  the  State  :  Provided^  the  rate 
of  interest  does  not  exceed  six  per  cent,  per  annum,  and  the  reim- 
bursement of  the  principal  sum  may  not  be  required  within  a  term 
of  30  (thirty)  years  after  the  date  of  sale.* 

♦Amended  by  Act  of  1839,  sec.  55. 


INTERNAL  TRANSPORTATION.— W.  &  A.  R.  R.— 1838.      407 

Disposition  of  proceeds — E-eport — Draft  on  Central  Bank. 

42.  Sec.  II.     Said  scrip  or  certificates  of   State  debt,  shall  be  aii~  Anthentica- 
tlieiiticated  by  the  signature  of  the  Governor,  and  of  the  President  ^''^^  ^  ^"^' 
of  the  Board  of  Commissioners,  and  by  such  seal  or  stamp  as  may  be 
directed  by  an  Act  passed  at  this  session  of  the  General  Assembly. 

43.  Sec.  III.     The  faith  of  the  State  of  Georgia,  is  hereby  solemn-  Faith  of 
ly  pledged  for  the  redemption  of  the  entire  debts,  principal  and  in-  f^^  ^    ^ 
terest,  that  may  be  incurred  by  the  sale  of  said  scrip,  and  that  for 

the  purpose  of  insuring  the  punctual  payment  of  the   interest  falling 
due  on  said  scrip,  the  income,  dividends  and  profits  of  every  descrip- i^'vijemia 
tion,  arising  from  the  funds,  which  the  State  holds  in  the  Central  Bank  appro- 
Bank    of  Georgia,    and    from  all  other  bank  stock  belonging  to  the  ^^'^^ 
State,  are  hereby  set  apart  and  vested  in  said  Commissioners,  except 
such  as  have  heretofore  been  appropriated  to  Franklin  College,  and 
County  Academies,  and  the  general  fund  for  Common  Schools.* 

44.  Sec.  IY.     Said  Board  shall  report  to  the  General  Assembly,  Repoit to 
during  the  first  week  of  each  session,  a  full  account  of  the  actings  kssembfyf 
and  doings  of  said  Board  in  relation  to  all   its  fiscal  transactions,  the 
condition  and  progress  of  the  road  ;  and  also  famish  estimates,  plans 

and  all  other  information  touching  that  branch  of  the  public  service, 
which  it  may  be  deemed  proper  to  lay  before  the  Legislature. 

45.  Sec.  Y.     Said  Board  shall  apply  the  funds  thus  placed  at  their  Appropria- 
disposal,  to  the  completion  of  the  Western  and  Atlantic  Railroad,  ^''^"^^  "°  * 
and  such  other  work  therewith  connected  as  the  General  Assembly 

may  direct,  embracing  every  matter  of  expenditure  on  surveys,  grades, 
rails,  locomotives,  vehicles,  apparatus,  concessions  of  way,  offices 
and  agencies,  and  shall  make  such  periodical  reports  of  its  proceed- 
ings as  may  have  been,  or  may  hereafter  be  required  by  law :  Pj^o- 
vldedj  that  no  rails  or  locomotives,  shall  be  purchased  until  the  road  Proviso, 
is  so  far  accomplished  that  the  same  are  deemed  necessary  for  the 
iarther  execution  of  the  work. 

46.  Sec.  VI.     The    Agent    or   Commissioner,  who  shall  procure  Funds de- 
the  funds  from  the  sale  of  said  scrip,  shall  deposit  the  same  in  the  fhe'c.  BTnk. 
Central  Bank,  subject  to  the  order  of  the  Commissioners,  or  the  Pres- 
ident thereof,  to  be  applied  as  herein  contemplated. 

47.  Sec  YII.     It  shall  be  the  duty  of  said  Board  to  direct  the  Discretioa  of 
location  of  any  part  of  said  road  which  may  not,  at  this  time  be  un-  ^"  " 

der  contract,  to  adopt  and  use  any  devices,  plans  and  improvements 
in  the  location,  structure  and  equipment  of  said  work,  which  may  in 
their  judgment  conduce  most  extensively  to  the  general  interests  of 
the  people  of  Georgia. 

48.  Sec   YIII.     Said  Board  of  Commissioners,  should  funds  be  Draft  on  c. 
needed,  before  a  sale  of  scrip  can  be  efi^ected,  shall  have  authority  to  ^^"^" 
draw  the  same  by  the  requisition  of  the  President  from  the  Central 
Bank,  or  procure  them  elsewhere  on  temporary  loan,  as  the  one  step  ^^• 

or  the  other  may  seem  most  expedient  in  reference  to  the  progress  of 
the  work  or  economy  of  expenditure,  and  for  this  purpose,  said  Board  pledge  of 
are  authorized  to  make  a  temporary  pledge  of  said  scrip,  or  certifi-  ^*^*''^ 
cates  of  State  debt. 

49.  Sec  IX.    [Every  Superintendent,  Commissioner,  Chief  Engi- 

*But  see  Act  of  1843,  "  Academies,"  &c.  sec.  10. 


408      INTERNAL  TRANSPORTATION.— W.  &,  A.  R.  R.— 1838. 

Special  oath  of  ofricers — Loan  of  funds — Authentication  of  sclip. 

S'officerr^^  neer,  or  Assistant  Engineer,  who  now  is,  or  may  hereafter  be  engag- 
ed in  the  service  of  the  State,  shall  as  soon  as  the  same  can  be  done 
after  the  passage  of  this  Act,  and  before  he  enters  upon  the  discharge 
of  his  duties,  take  and  subscribe  the  following  oath,  in  addition  to  the 

oaths    already   required  by  laAV,   to  wit :  Georgia, County. 

Personally  appeared  before  me, who  being  duly  sworn,  de- 

poseth  and  saith  that  he  will  not  directly  or  indirectly,  during  his 
continuance  in  the  service  of  the  State,  (as  Superintendent,  Com- 
missioner, Engineer,  or  assistant  Engineer  of  the  Western  and  At- 
lantic Railroad,)  or  within  six  months  thereafter,  either  by  himself 
or  others  or  in  the  name  of  any  other  person  or  persons  or  partnership, 
purchase  or  attempt  to  purchase  any  lands  or  real  estate,  or  stock  or 
interest  therein,  within 'three  miles  of  the  Western  and  Atlantic  Rail- 
road, or  within  that  distance  of  the  route  which  is,  or  may  be  de- 
termined upon  as  the  route  of  said  road,  or  within  that  distance  of 
any  terminus  of  said  road,  and  that  he  will  not  attempt  an  evasion 
of  the  true  intent  and  meaning  of  this  oath ;  before  some  officer 
duly  authorized  to  administer  the  same,  and  which  said  oath  so  taken, 
subscribed  and  attested  by  the  officer  administering  the  same,  shall 
be  filed  in  the  Executive  office  of  this  State.]* 
Proceeds  of  50.  Sec.  X.  Siiould  tlic  fuuds  sct  apart  for  the  payment  of  in- 
verted imo  terest  accruing  on  any  loans  taken  for  the  sale  of  scrip  or  certificates 
bJaiinyfundOf  State  debt,  be  found  inadequate  to  that  purpose,  his  Excellency 
the  Governor,  and  said  Board  of  Commissioners,  shall  have  power, 
in  aid  of  said  bank  funds,  to  convert  any  part  of  the  proceeds  arising 
from  the  sale  of  said  Scrip,  into  an  interest-paying  fund,  and  to  place 
the  same  in  the  Central  Bank,  to  be  loaned  out  at  the  best  interest, 
not  exceeding  eight  per  cent,  per  annum,  or  less  when  at  their  dis- 
cretion. 


An  Act  to  ]irov'ide  for  the  atitlientication  of  State  Scrip,  or  certificates 
of  State  debt,  and  to  pnnish  those  who  inciy  counterfeit,  or  Jrandu- 
lently  use  the  saine. — Assented  to  Dec.  18,  1838.     Pam.  225. 

Whereas  J  it  is  deemed  expedient  to  use  a  stamp  for  the  purpose 
of  authenticating  such  scrip,  or  other  evidences  of  State  debt,  as  the 
General  Assembl}"  has  heretofore,  or  may  hereafter  direct  to  be  issued, 
instead  of  the  old  seal  of  the  State  :  . 

Stamp.  51.   Sec.   I.     Be  it  therefore  enacted,   That  it  shall  be  the  duty  of 

the  Secretary  of  State,  under  the  orders  of  the  Governor  for  the  time 
being,  to  stamp  on  each  certificate  of  State  debt,  the  issue  of  Y\^hich 
has  been,  or  may  hereafter  be  authorized  by  law,  a  distinct  and  legible 
impression,  with  a  die  having  the  dimensions,  form  and  inscriptions 
following,  viz  : — a  circular  face  or  disc,  two  inches  and  a  quarter  in 

Device.  diameter,  bearing  the  device  of  three  Corinthian  columns,  emblematic 
of  the  three  departments  of  Government,  supporting  an  arch,  beneath 
wliich  is  the  figure  of  a  man  with  a  drawn  sword — the  arch  inscrib- 
ed with  the  word  '-'Constitution,"  and  the  three  columns  respective- 

*Ecpealed  by  Act  of  1850,  sec.  104. 


INTERNAL  TRANSPORTATION.— W.  &  A.  R.  R._1838-'39.    409 

Stamp — Scrip  to  contractors — Iron. 


ly,  with  the  words  "  Wisdom,  Justice,  Moderation,"  engraven  on 
wreaths — the  whole  surrounded  by  the  words  "  State  of  Georgia," 
and  the  Arabic  figures  "  1799,"  expressing  the  date  of  its  original 
adoption,  being  d^fac  simile  of  one  side  of  the  great  seal  of  Jhe  State, 
provided  by  law  in  the  year  which  the  figures  designate. 

52.  Sec.  II.     Said  die  or  seal,  with  the  necessary  apparatus,  be  Evidence, 
deposited  and  kept  in  the  office  of  the  Secretary  of  State,  and  for 

the  purpose  of  authenticating  said  scrip,  or  certificates  of  State  debt, 
the  stamp  or  impression  made  as  aforesaid,  shall  be  taken  and  respect- 
ed in  all  Courts  of  justice,  and  elsewhere,  as  the  seal  of  the  State. 

53.  Sec.    III.     A  brass  die,  now  in  the  Executive  chamber,  shall  Governor  to 
be  used  for  the  purposes  herein  designated,  should  it  be  found  suit-  ^  *^ 
able,  and  if  not  so  found  on  trial,  his  Excellency  the  Governor  is 
hereby  authorized  to  procure  one  of  the  description  contained  in  the 

first  section  of  this  Act,  with  proper  appliances  for  its  use. 

54.  Sec.  IV.     The  false  and  fraudulent  counterfeit,  or  use  of  said  coumerfeit- 
die  or  seal,  shall  subject  the  offender  to  all  the  pains  and  penalties  penalty. 
which  are  directed  by  the  Penal  or  Criminal  Laws  of  this  State,  to 

be  inflicted  on  a  person  or  persons  who  forge  or  counterfeit,  or  fraud- 
ulently use  or  apply  the  great,  or  any  other  public  seal,  whether  the 
same  is  applied  to  instruments  written,  printed  or  engraved,  in  whole 
or  ill  part. 

Sec.  V.     Any  and  all  laws  conflicting  with  the  provisions  of  this 
Act  be,  and  the  same  are  hereby  repealed. 


An  Act  to  amend  an  Act  to  authorize  the  sale  of  Scrip  or  certificates 
of  State  dctjt,  and  to  enlarge  I  he  duties  of  the  Conwiissioiiers  of  the 
Western  and  Atlantic  Railroad  of  Georgia^  assented  to  on  the 
29th  of  December,  1838;  and  also  to  malic  further  provision  for 
the  completion  of  said  Railroad, — Assented  to  Dec.  21,  1839.  Pam. 
189. 


^^.  Sec.  I.     Be  it  enacted,  That    should  the  Commissioners  of  ^^""'"p  ^"^  <"""- 
the    Western  and    Atlantic    Railroad,  deem  it  advisable  to  issue  and  aweatnot 
dispose  of  the  scrips  or  certificates  of  State  debt,  authorized  by  the  ySrl^^"  ' 
above  recited  Act,  in  payment  of  contractors  engaged,  or  that  may 
hereafter  be  engaged  in  the  construction  of  said  road,   or   to  defray 
expenses  incident  to  said  work,  they  shall  have  full  power  and  au- 
thority to  m.ake  such  scrip  payable  at  any  period   of  time,  not  less 
than  thirty  years  from  the  date  of  such  scrip,  or  time  of  its  sale  and 
delivery  :*  Provided,   that   not  more  than  three  hundred  thousand  p»'o"s«^' 
dollars  thereof,  shall  be  made  payable  in  any  one  year ;  and  provid- 
ed also,  that  the  said  scrip  or  certificates  of  State  debt  shall  not  be 
disposed  of  at  a  rate  less  than  its  par  value. 

56.   Sec.  II.     For  the  purchase  of  iron  or  other  material  or  appur- ^cnp  may  be 
tenance,  when  the  same  shall  become    necessary  for  the  completion  for  iion^oT 

other  materi- 
al. 
*  By  Act  of  1845,  Pam.  11,  the  Treas-urer  was  required  to  redeem  this   scrip   out  of 

the  State  funds.     By  same  Act  (page  13)  the  money  paid  as  duty  on  iron  by  the  State, 

if  refunded  by  Congress,  was  appropriated  to  this  Koad. 

52 


410      INTERNAL  TRANSPORTATION— W.  fe  A.  R.  R.— 1839-MO. 

Coupon  warrants — Extra  damages- — Corninissioner  to  be'  present. 

of  said  Railroad,  agreeably  to  the  provisions  of  the  above  recited  Act, 
it  shall  and  .may  be  lawful  for  the  Commissioners  aforesaid  to  issue 
and  dispose  of  scrip  or  certificates  of  State  debt,  agreeably  to  the  pro- 
visions of  the  above  recited  Act,  in  payment  for  such  iron  or  other 
material  or  appurtenance. 

cmvm  war-  57.  Sec.  III.  All  coupo7i  warrauts  attached  to  such  scrip  or  cer- 
tificates of  State  debt  as  may  be  or  have  been  issued  under  the  pro^ 
visions  of  this  and  the  above  recited  Act,  shall,  at  all  times  after  the 
same  shall  have  become  payable,  be  received  at  the  Treasury  inpay- 
ment of  taxes  and  other  dues  from  individuals  or  bodies  corporate,  to 

Restriction,  ^he  State  of  Georgia  :  Provided^  nothing  in  this  Act  contained,  shall 
be  so  construed  as  to  authorize  the  Commissioners  to  issue  any  other 
scrip  than  that  authorized  by  the  Act  to  which  this  is  amendatory, 
nor  for  a  larger  amount  than  the  unexpended  balance  of  the  scrip  au^ 
thorized  by  that  Act. 


rants  receiv 
able  at  the 
Treasury. 


An  Act  to  authorize  the  Commissioners  of  the  Western  and  Atlantic 
Railroad  to  pay  to  the  owners  of  land  sustaining  injury  by  reason 
of  said  road,  extra  damages  in  certain  cases. — Assented  to  Dec. 
21,  1839.     Pam.  193. 


Extradam-       58.  Sec.  I.     Be  it  enacted,  That  from  and  after   the    passap^e  of 

age  shall  be  .  i  i  i  •  -, 

paid  for.  this  Act.  m  all  cases  where  there  has  been  a  previous  agreement  be- 
tween said  Commissioners,  or  their  agents,  and  the  owner  or  owners 
of  lands  through  which  said  road  runs,  as  to  the  amount  of  damage 
done  the  same,  by  reason  of  said  road,  or  where  there  has  been  a 
previous  assessment  of  said  damage,  according  to  the  provisions  of  the 
Statute  in  such  case  made,  and  it  shall  appear  that  said  agreement  or  as- 
sessment was  made  in  reference  to  and  including  only  the  damage  to  be 
sustained  within  certain  definite  limits,  or  a  specific  width,  and  since 
the  grading  of  the  said  road,  a  greater  amount  of  damages  have  been 
sustained  than  was  estimated  in  said  agreement  or  assessment,  by 
reason  of  more  land  being  required  for  the  construction  of  the  same 
than  what  was  embraced  in  such  specific  limits  or  width,  or  by  rea- 
son of  the  throwing  out  of  waste  dirt,  &>c.  it  shall  be  the  duty  of  said 
Commissioners  to  pay  to  such  owner  or  owners  the  amount  of  such 
How  esti-  extra  damage,  to  be  ascertained  and  estimated  in  the  same  way  as  is 
ascertained.. now  by  law  directed  and  pointed  out  for  the  estimation  and  assess- 
ment of  damages  done  to  lands  by  the  said  Railroad :  Provided,  that 
in  no  case  of  assessment  of  damage  under  this  Act,  shall  any  but  the 
said  extra  damages  be  taken  into  the  estimation. 


An  Act  to  require  the  Commissioners  of  the  Western  and  Atlantic 
Railroad,  so  to  arrange,  as  at  least  one  of  them,  shall  always  be  on 
the  road  personally  superintending  the  Engineers  and  Contractors, 
^c. — Assented  to  Dec.  24,  1840.     Pam.  155. 

59.  Sec.  I.     Be  it  enacted,  That  from  and  immediately  after  the 
passage  of  this  Act,  that  of  the  three  Commissioners  of  the  Westera 


INTERNAL  TRANSPORTATION.— "W.  &  A.  R.  R.— 1841.      411 

Work  suspended — Disbursing  agent — Duties  and  powers. 


and  Atlantic  Railroad,  one  or  another  shall  be  at  all  times  on  the  road,  cr.cof  the 
personally  superintending  the  works,  and  supervising  the  engineers  ers  to  be  pe^- 
and  contractors,  and  all  other  persons  employed  on  said  road  in  any  ent."^^*^  ^'^^^ 
capacity  whatever. 

60.   Sec.  II.     If  the    Commissioners  cannot  agree  among  them- To  be  detej- 
selves  how  the  labor  and  responsibility  shall  be  divided  between  them,  lotTf  they 
they  shall  detennine   the  time  when  each   shall    commence   a   two  ^^^'^^^'^^' 
months  tour   of  duty,  by  lot,  alternating  every  two  months  through 
the  year :  Provided,   no  arrangement  shall  be  made  by  which  any 
member  of  the  board  may  avoid  serving   personally  four  months  in 
tlie  year,  or  two  months  out  of  six. 


ji7i  Act  to  be  entitled  an  Act  to  suspend  operations  on  a  part  of  the 
Western  and  Atlafitic  Raiload,  and  to  provide  for  the  execution  of 
contracts  on  a  part  oj  the  satne,  and  for  other  purposes  therein 
specified. — Assented  to  Dec.  4,  1841.     Pam.  172. 

61.  Sec.  I.    [Be  it  enacted^  That  from  and  after  the  passage  of  this  v/ork  sus- 
Act,  all  work  shall  be  suspended  on  said  road,  from  a  point  two  miles  engineer ^'^ 
northwest  of  the  Etowah  river  to  the  northwestern  terminus  of  said  goiTed!'*' 
road  at  Ross'  Landing,  on  the  Tennessee  river ;  and  that  the  Engi- 
neer corps  now  in  the  service  of  this  State,  be,  and  the  same  is  here- 
by dissolved.*]  • 

62.  Sec.  II.     So  much  of  an  Act  assented  to  twenty-third  day  of  Disbursing 
December,  eighteen  hundred  and  thirty-seven,  as  relates  to  the  elec-  enghiee"  in 
tion  of  three  Commissioners  for  the  Western  and  Atlantic  Railroad,  missioned 
be,  and  the  same  is  hereby  repealed ;  and  that  the  Governor  be  au- 
thorized to  appoint  a  Chief  Engineer  and  Assistants,  and  a  disburs- 
ing Agent,  and  to  give  them  such  compensation  per  annum  as  he 

may  deem  proper,  having  a  due  regard  to  the  nature  of  their  service 
and  strictest  economy  ;  said  disbursing  Agent  shall  be  required  to  compensa- 
give  such  bond,  payable  to  his  Excellency  the  Governor,  and  enter  bond?" 
into  such  other  rules  and  regulations  as  may  be  required  by  the  Gov- 
ernor to  insure  the  faithful  performance  of  his  duties,  who  shall  con- 
tinue in  office  until  all  existing  contracts  are  liquidated  and  settled, 
and  no  longer.f 

63.  Sec  III.     The  duties  hitherto  discharged,  and  the  powers  Powers  and 
hitherto  exercised  by  the  Board  of  Commssioners,  be  hereafter  dis- 


duties  of 
commission- 


charged  and  exercised  by  said  Chief  Engineer,  and  disbursing  Agent,  ^n  theoi^^^** 
jointly,  subject  to  the  decision  of  his  Excellency  the  Governor  in 
case  of  disagreement ;  and  that  in  all  cases  where  the  signature  of 
the  Commissioners,  or  President  of  the  Board  of  Commissioners,  is 
authorized  or  required  by  laws  or  regulations  now  of  force,  the  signa- 
ture of  the  disbursing  Agent  shall  hereafter  be  substituted  therefor,  and 
be  in  all  respects  equivalent  thereto. 

64.  Sec  IV.     It  shall  be  the  duty  of  the  present  Board  of  Com- 

♦This  section  repealed  by  Act  of  1843,  sec.  70. 

tThe  disbursing  Agent  subsequently   gave   way  to  Cbief  Engineer  and  Governor ; 
eee  subsequent  Acts,  sec.  7 1. 


412     INTERNAL  TRANSPORTATION.— W.  &  A.  R.  R.  —1841-' 42. 

Paymeait  of  public  debt — Bonds — Contracts  with.  Railroad  Companies. 

mmodOTer  i^iissioiiers  of  sald  road,  to  turn  over   to    said  disbursing  Agent,  the 
:i»d  books,  vouchers,  records,  scripj  State  bonds,  and  all  other  papers  and 

funds  belonging  to,  connected  with,  or  appertaining  to  said  road,  in 
schedule  their  hands  or  under  their  authority  ;  a  schedule  of  which  shall  be 
made,  and  a  copy  thereof  deposited  in  the  Executive  office,  and  the 
original  retained  by  said  agent. 
Enginecrbe-  65.  Sec.  V.  It  shall  bc  the  duty  of  the  Governor  to  appoint  an 
litowah  and  Engineer,  who  shall  receive  a  reasonable  compensation  for  his  servi- 
Bosi' landing (jQg^  to  admcasurc  all  work  done  on  said  road  between  the  Etowah 
Duty.  river  and  Ross'  Landing  ;  and  said  Engineer  is  hereby  authorized  to 

annul  and  rescind,  with  the  consent  of  the  contractors,  all  contracts 
for  unfinished  work  on  said  road ;  and  said  Engineer  shall  make  a 
full  and  final  estimate  of  all  work  done  under  said  rescinded  con- 
tracts ;  and  if  all  or  any  of  said  contractors  refuse  or  neglect  to  ac- 
cept this  offer,  they  shall  be  lield  strictly  subject  to  their  original 
contracts,    on  which  no  extension  of  time  or  mdulgence  shall  be 
given. 
Aiifundsex-      66.   Sec.  YI.     Tlic  moucy  that  may  be  obtained  from  the  Feder- 
:ippr<jpdated  "^  Government,  on  account  of  military  claims,  and  all  other  funds, 
debT'^^''^      which  may  be  paid  into  the  Treasury  of  this  State,  (other  than  for 
taxes)  are  hereby  set  apart  and  appropriated  to  the   payment    of  the 
public  debts.  , 

Deposit  in        67.   Sec.  YII.     All  the  money  or  cash  funds  which  may  be  re- 
^"^^        ceived  as  aforesaid,  be  deposited  by  the  Governor  at  his  discretion, 
in  some  bank  in  this  State,  and  entered  to  the  credit  of  the  State  of 
Georgia  upon  the  books  of  the  bank,  to  be  checked  out  only  by  the 
Governor  for  the  purpose  of  the  payment  of  the  public  debts, 
eanceiiation      68.   Sec.  YIII.     It  shall  be  the  duty  of  the  Governor  to  cancel 
and  annul  an  amount  of  State  bonds  equal  to  the  cash  paid  on  said 
Sale  of  bonds  contracts,  and  that  the  residue  of  said  bonds  be  sold  or  otherwise  dis- 
posed of  by  the  Governor,  or  by  his  authority,  for  the  full  and  final 
completion  of  said  road,  from  its  eastern  terminus  to  a  point  two 
miles  northwest  of  the  Etowah  river. 

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

An  Act,  to  repeal  tlie  tenth  section  of  aji  Act  to  authorize  tlie  construc- 
tion of  a  Railroad  communication^  from  the  Tennessee  line,  near 
the  Tennessee  river ^  to  the  point  on  the  southeastern  hank  of  tlie 
Chattahoochee  river,  most  eligible  for  the  running  of  branch  roads, 
tJience  to  Athens,  Madison^  Milledgeville,  Forsyth,  and  Columbus, 
and  to  aiipropriate  '^noneys  therefor. — Assented  to  Dec.  19,  1842. 
Pam.  143. 

Tenth  sec.        69.     Be  it  cuacted.   That  the  tenth  section  of  the  above-recited 

repealed.      Act,  wliich  was  asscutcd  to  December  twenty-first,  eighteen  hundred 

and  thirty-six,  be  and  the  same  is  hereby  repealed ;  Provided,  no- 

Not  to  affect  thina;  herein  contained  shall  be  so  construed  as  to  prevent  the  State 

bona  fide  o  .  ^ 

contracts,     from  Complying  on  her  part,  with  any  contract  which  she  may  have 


INTERNAL  TRANSPORTATION.— W.  &  A.  R.  R.— 1843.      413 

Duties  of  tlie  Governor  and  Chief  Engineer — Sale  of  the  lloacl — Terms . 

already  entered  into  with. any  Railroad  Company,  which  has  in  good 
faith  complied  on  its  part  v/ith  the  contract. 

Ail  Act  to  authorize  fur  I  her  progress  up07i  the  work  of  the  Western 
ami  Atlantic  Railroad^  and  jur  other  purposes  therein  specif  ed,  and 
to  provide  for  a  sale  of  said  road..,  and  for  the  employment  of  cer- 
tain convicts  thereon. — Assented  to  Dec.  22,  1843.     Pam.  138. 

70.  Sec.   I.     Be  it  enacted.  That  the  first  section  of  an  Act  en- First seo. 

Act  1841 

titled  an  Act  to  suspend  operations  on  a  "part  of  the  Western  and  At-  repealed. 
lautic  Railroad,  and  to  provide  for  the  execution  of  contracts  on  a 
part  of  the  same,  and.  for  other  purposes  therein  specified,  assented 
to  December  4tii,  1841,  be  and  the  same  is  hereby  repealed. 

71.  Sec.  II.     The  powers  and  authority  which  have  heretofore  Powers  and 
been  vested  in  the  Commissioners  of  the  Vv^estern  and  Atlantic  Rail-  vested  in 
road,  or  in  the  Governor  and  Commissioners,  or  in  the  Chief  Engi-  ^nd  chuff 
neer  and  disbursing  agent,  or  in  the  Governor  and  Chief  Engineer,  Engineer. 
be  vested  in   the    Governor  and  Chief  Engineer    of  said  road  ;  and 
where  the  signature  of  either  of  the  above  named  officers  is  author- 
ized or  required  by  laws  or  regulations  heretofore  of  force,  the  sigila- 

ture  of  the  Governor  and  Chief  Engineer  shall  hereafter  be  substitu- 
ted therefor,  and  be  in  all  respects  equivalent  thereto. 

72.  Sec.  HI.     It  shall  be  the  duty  of  the  Chief  Engineer,  under  r^oa^  to  be 
the  direction  of  the  Governor,  to  progress  gradually  in  the  completion  completed. 
of  the  said  Western  and  Atlantic  Railroad,  with  the  existing  appropria- 
tions when  the  same  can  be  economically  expended,   and  whenever 
either  of  the  branch  roads  shall  make  a  junction  with  the  said  Western 

and  Atlantic  Railroad  at  its  southeastern  terminus,  to  apply  such  mo-  Motive  pow- 
tive  power  as  may  be  adcfnted  to  its  wants,  and  to   establish  rates  Qf  ^"^ '^^^^ '^^  • 
transportation  for  persons  and  produce,  without  discrimination  as  to 
the  destination  of  either. 

73.  Sec.  IV.     flf  a  sale  of  said  road  can  be  at  any  time  made  bv  ^a'«  ^^'^  ""^ 
the  Governor,  for  a  sum  not  less  than  one  million  of  dollars,  all  fur-  $i,ooo})!)o. 
ther  expenditures  on  the  part  of  the  State  shall  cease.'* 

Sec.   Y.     The  purchaser  shall  in  addition  to  said  sum  of  one  mill- And  aii  fn- 
ion^of  dollars,  pay  whatever  sum  may  be  expended  on  said  road  from  imre?^*'" 
this  time  to  the  day  of  sale.* 

.  74:  Sec  YI.  The  Governor  of  this  State  be,  and  he  is  lier(Bby  an- ''^^"^"'^ of 
thorized  to  sell  and  dispose  of  said  road  to  any  person  or  persons,  for 
the  sum  above  mentioned,  upon  such  terms  as  he  may  think  advan- 
tageous to  the  State  ;  Provid^.d.  that  tlie  purchaser  or  purchasers  shall 
not  be  entitled-  to  a  greater  rate  for  freight  or  passage  money,  than  is 
allowed  by  the  charter  of  the  Georgia  Railroad  and  Banking  Com- 
pany.* 

75.  Sec.  YII.     His  Excellency  the  Governor  be,  and  he  is  here- c^ov.'ta  take 
by  required  to  take  the  necessary  steps  to  make  sale  of  said  road  in  ^  ^"^^ 
accordance  with  the  terms  of  this  Act.]* 

76.  Sec.  YIII.     So  much  of  the    appropriation  already   made  as 

♦Repealed  by  Act  of  18o0,  sec.  95. 


414     INTERNAL  TRANSPORTATION— W.  &.  A.  R.  R.— 1845. 


Appropriations,  hoTv'  expended — Convicts'  labor — Extension  of  Road. 

'         '■■ —.■■■.■■  ..  ■  ■■-■■■■I ,-..■■■, —■-■-■       -■ ■  ■■■ — — — ■■■■■■■-  ■■-  .11     ■— Mi» 

dtmJTow  "^^y  ^®  necessary,  shall  be  used  to  protect  and  keep  in  repair  the 
e^cpeAded.  road  and  timbers,  and  the  very  gradual  completion  of  said  road,  to 
the  point  where  the  branch  road  to  Rome  is  expected  to  join  said 
road,  and  so  soon  as  the  Monroe  or  Georgia  Railroad  shall  unite  with 
said  road,  then  the  balance  of  said  appropriation  be  expended  in  the 
purchase  of  engines,  cars,  &c.  and  the  farther  very  gradual  extension 
of  said  road. 

S^^b?^  '^'^'  ^^^'  ^^'     '^^^  Governor  be  authorized  to  have  placed  under 

placed  upon  a  Suitable  guard,  such  convicts  that   now  are    or  hereafter  may  be 

pu    cwor  ^  pia^(,g(j  j^  tj^g  Penitentiary,  upon  the   public  works  of  the  State,  who 

are  or  may  be  under  the  sentence  of  confinement  and  labor. 

An  Act  to  extend  the  Westerii  and  Atlantic  Railroad  of  the  State  of 
Georgia,  and  to  'provide  the  means  therefor. — Approved  Dec.  24) 
1845:     Pam.  46. 

Profitstobe       78.   Sec.  I.     Be  it  enacted.  That  the  profits  only  of  the  Western 

'QSOCl  to  GX-  J  2.  J 

tend  the  road  and  Attantic  Railroad,  after  defraying  the  expenses  of  repairs  and 
transportation,  shall  be  applied  by  the  Chief  Engineer,  with  the  con- 
sent of  the  Governor,  to  the  extension  of  said   road  as  far  as  Cross 
Plains,  in  the  County  of  Murray,  [and  no  further,]  within  the  ensu- 
ing two  years.     Provided,  if  the  profits  of  the  road  will  allow  a  fur- 
ther extension,  his  Excellency  the  Governor  is  authorized  to  use  said 
profits  to  such  extension. 
Fronds m?.y        79.   j^Ec.  II.     If  thc  profits  of  the  road  should  be,  insufficient  to 
wise  funds.  Complete  the  said  road  to  Cross  Plains,  and  to  equip  the  same  for  use 
within  two  years,  it  shall  and  may  be  lawful  for  the  Governor  to  is- 
sue bonds,  signed  by  himself  and  countersigned  by  the  Chief  Engi- 
neer, payable  within  ten  years  after  date,  and  bearing  an  interest  of 
six  per  cent,  per  annum,  payable  annually,  for  such  sum,  not  exceed- 
ing sixty-five  thousand  dollars  annually,  as  may  suffice  lor  such  ex- 
tension and  equipment,  and   dispose  of  the   same  for  at  least  their 
nominal  value,  to  be  applied  to  the  purpose  hereinbefore  indicated. 
Liability  of  And  the  said  Western  and  Atlantic  Railroad  shall  be  pledged  for  the 
State.         pa^/ment  of  said  bonds,  and  the  net  profits  thereof  applied   exclu- 
sively to  the  payment  of  the  principal  and  interest  thereof ;  but  the 
State  shall   be  no  further  bound  therefor,  and  such  limited  liabil- 
ity shall  be   clearly  expressed    in   said  bonds.     And  in    case    said 
bonds  or  any  of  them  shall  be  unpaid  at  maturity,  the  Chief  Engi- 
neer shall  be  considered  as  a  trustee  in  possession,  for  the  use  of  the 
holders  of  said  bonds,  and  may  be  held  to  account  by  them  in  the 
Superior  Court  of  the  County   of  his  residence,  for  the  profits  of 
said  road.     Provided,  said  bonds  shall  not  be  paid  until  the  profits 
of  said  road  be  sufficient  to  pay  them. 

An  Act  to  QTiake penal  and  to  jnmish  any  unlawful  interference  with,  or 
■molestation  of  the  Western  and  Atlantic  Iiailroad.—A])~pYOYed  Dec. 
26,  1845.     Pam.  47. 

80.   Sec.   I.     Be  it  enacted,  That  if  any  person  or  n^Tsons  shall 


INTERNAL  TRANSPORTATION— W.  &  A.  R.  R.— 1845.      415 


mO*^ 


Penalty  for  obstructing  the  Road — Agents  appointed  by  Gov. — Oaths  of  officers — Salaries* 


car 


Wilfully  and  maliciously  destroy,  or  in  any  manner  damage,  injure,  ^l^.^^^fj^^^ 
dr  obstruct,  or  shall  wilfully  and  maliciously  cause,  or  aid  and  assist,  injuring 

11-  .1.  •  .1       ^  road,  bridge;* 

or  counsel  or  advise  any  person  or  persons  to  destroy,  or  m  any  other  &c.  or  any 
nlanner  to  damage,  or  injure,  or  obstruct  the  Western  and  Atlantic  IhcrewuS.^ 
Railroad,  or  any   bridge,  edifice,  right,  or  privilege  constructed  for 
the  use  of  said  road,   or  if  any  person  or  persons  shall,  without  au- 
thority, turn,  move,  or  in  any  manner  interfere  or  meddle  with  any  gate, 
stvitch,  sideling,  or  other  appurtenance  to  said  road,  such  person  so 
offending  shall  be  guilty  of  a  misdemeanor,  and  on  conviction  there- 
af,  shall  be  imprisoned  at  hard  labor  in  the  Penitentiary  for  a  term  of  punishment  , 
years  not  less   than  seven  nor  more  than  ten ;  and  if  death  to  any 
passenger  or  other  person  on  said  road  shall  ensue  from  any  such  act, 
^ch  act  or  offence  shall  be  held  and  deemed  to  be  murder,  and  shall 
be  punished  accordingly.* 

Ati  Act  to  provide  for  condiicthig  the  hiisincss  oj  transportation  on 
the  Western  and  Atlantic  Raih'oad,  and  for  other  purposes  therein 
mentioned. — Approved  December  27,  1845.     Pam.  165. 

81.  Sec.  I.     Be  it  enacted^  That    immediately  after   the  passage  ^gei^ts  may 
df  this  Act  his  Excellency  the  Governor  shall  appoint  such  agents  as  \^  '"^^^l^^l^ 
in  his  opinion  maybe  necessary  to  manage  and  superintend  the  busi- 
ness of  transportation  on  the  Western  and  Atlantic   Railroad,  to  be 

paid  a  reasonable  compensation  for  their  services,  to  be  fixed  by  his  compensa- 
Excellency,  and  which  shall  be  paid  out  of  the  money  raised  on  ^'^"' 
said  road. 

82.  Sec.  II.     Each  of  the  agents  appointed  according  to  the  first  oath. 
section  of  this  Act,  shall,  before  they  enter  upon  the  duties  of  their 
appointment,  take  and  subscribe  an  oath  faithfully  and  impartially  to 

do  and  perform  all  and  singular  the  duties  of  his  appointment,  and 
that  he  will  render  a  true  account  of  all  moneys  received  by  him 
arising  from  said  road ;  and  shall  give  bond  and  security,  payable  to 
the  Governor  and  his  successors^  office,  in  the  sum  of  tv/o  thousand 
dollars,  conditioned  for  the  faithml  discharge  of  all  and  singular  the 
duties  appertaining  to  his  appointment. 

83.  Sec.  III.     From  and  after  the  passage  of  this  Act,  the  Chief  oath  and 
Engineer  of  the  Western  and  Atlantic  Railroad  shall,  before  entering  chief  Engi- 
upon  the  duties  of  his  office,  take  and  subscribe  an  oath  faithfully  to  "^^* 
discharge  the  duties  thereof,  and  shall  give  a  bend  with  good  and 
ample  security,  to  be  approved  by  his  Excellency  the  Governor,  in 

the  sum  of  ten  thousand  dollars,  for  all  moneys  of  the  State  which 
may  come  to  his  hands. 

84.  Sec.  IV.     The  Chief  Engineer  of  the  Western  and  Atlantic  saiarieai 
Railroad  shall,  for  his  services,  receive  a  salary  of  eightee]i  hundred 
dollars  per  annum  ;  and  such  assistant  Engineers  as  may  be  employed 

on  said  Railroad,  shall^  for  their  services,  receive  a  salary  of  one 
thousand  dollars  per  annum,  aiid  the  above  salaries  shall  cover  all 
contingencies.     Provided^  there  shall  be  only  one   Assistant  Engi-JSLant 

neer.f  .  Engineer. 

*See  Act  of  1836,  sec.  VIII ;  sec.  25  of  this  title. 

fSec  next  Act,  sec.  86.  *     , 


41G      INTERNAL  TRANSPORTATION.— W.  &  A.  R.  R.— 1847 

•Returns— CompletiorL  of  Road — Contract  for  completion. 


auaiter'.y  85.  Sec.  V.  The  several  agents  appointed  by  virtue  of  this  Act 
shall  make  quarterly  returns  to  his  Excellency  the  Governor  of  the 
amount  of  money  received  b}^  them,  and  shall  pay  over  the  same  as 
directed  by  the  Governor.^ 

Ail  Act  to  authorize  the  Goveriwi'  to  appoint  additional  Engineers 
upon  the  Western  and  Atlantic  Railroad,  and  for  letting  out  the 
building  and  completion  of  said  Road, — Approved  Dec.  30,  1847. 
Pam.  103. 

AJditior.a!        86.  Sec.  I.     Be  it   enacted,  That  from  and  after  the  passage   of 
Engineers.    ^|^-g  ^^^^  |^-g  Excellency  the  Governor  be,  and  he  is  hereby  author- 
ized to  employ  one  or  more  additional  Enginee-rs  on  the  Western  and 
Atlantic  Railroad,  at  fair  and  reasonable  compensation,  whose  duties 
shall  cease  on  the  completion  of  said  work. 
Proposals  for      87.   Sec.  II.     It  shall  and  may  be  lawful  for  his  Excellency  the 
tionTnixe'  Governor  and  Chief  Engineer  to  receive  proposals  for  the  completion 
road.  ^£  ^^^  Western  and  Atlantic  R^ailroad  from  ]3alton  to  Chattanooga, 

payable  in  the  bonds  of  said  State,  issued  under  the  authority  of  an 
Act  passed   by  the    present   General   Assembly ;  Provided,  always, 
1375,000  the  that   uo  coutract  for  the  completion   of  the  road  shall  exceed  the 
amount  of  three  hundred  and  seventy-five  thousand  dollars,  nor  shall 
anything  in  this  Act  be  construed  so  as  to  prevent  payments  being 
made  in  said  bonds  for    work    and   materials   for  the  completion  of 
said  road,  whenever  contractors  may  prefer  the  bonds  to  cash. 
One  contract      88.   Ssc.  III.     His  Excellcucy  the   Governor^  with  the  concur- 
*  P"^^^  '^^    rence  of  the  Ciiief  Engineer  be,  and  he  is  hereby  authorized,  should 
he  deem  the  interest  of  the  State  to  require  it,  to  make  a  contract  with 
any  person  or  persons  for  the  completion  of  said  road  and  all  neces- 
sary depots,  provided  the   same  can  be  done  for  the  sum  of  three 
hundred  and  seventy-five  thousand  dollars,  or  less,  payable  in  bonds  of 
Terms.       ^]^g  State,  Said  contract  to  be  made  upon  such  terms  and  restrictions, 
'  and  upon  such  security  as  the  Gc^-ernor  shall  prescribe,  and  to  be 
completed  by  the  next  General  Assembly. 
If  made,  on-      gQ,   ggc.  4.     If  sucli  coutract  be  made,   the  Governor  shall  not 

Iv  one  engi-  .  .  i  i    •       a 

lieer.  appoiut  more  than  one  Engmeer  under  this  Act. 

Sec.   5.     All  laws  and  parts  of  laws  conflicting  with  this  Act  be, 
and  the  same  are  hereby/  repealed.^^^^ 

An  Act  for  the  completion  of  the  Western  and  Atlantic  Railroad, 
and  for  providing  funds  for  the  same. — -Approved  December  23,. 
1847.     Pam.  301. 

To  be  com-       90.   Sec.  I.     Be  it  enacted..  That  it  shall  be  the  duty  of  t\\Q  Go- 
elriy^r     vcmor  to  liavc  completed,  at  the  earliest  practicable  day,  the  West- 
practicabie.  ^,^^  ^^^^  Atlantic  Pi,ailroad,  and  that  he  cause  the  same   to   be  equip- 
ped and  used  to  the  best  advantage  through  its  entire  length  from 
Atlanta  to  Chattanooga.  , 

*Thesc  returns  to  be  audited  by  Comptroller  General ;  see  '« State  Officers,"  sec.  61. 


INTERNAL  TRANSPORTATION —W.  &  A.  R.  R.— 1847-'50.     417 

,'ft'^7o,00')  in  bonds  to  be  issued — Authentication  of  Bonds — Profits  of  Ivoad — Sale. 

91.  Sec.  II.     To  raise  funds  for  these  objects,  the  Governor  shall  J^^^^^^^^J  j^^ 
issue  the  bonds  of  the  State  of  Georgia,  in  sums  of  five  hundred  issued, 
dollars  each,  to  the  amount  of  three  hundred  and  seventy-five  tliou- 

sand  dollars.     The  bonds  so  issued  shall  bear  an  interest  of  six  per 
centum  per  annum,  payable  semi-annually.     The    said   bonds  shall 
be  divided  into  three  classes,  and  the  principal  of  the  first  class  shall 
'be  pavable  five  years  after  the  date  thereof,  and  of  the  second  class  whmi  ami 

,,  „    ^  r  \       ■       -t  iri^i-ii^L  L.  r        where  p;u  a- 

liiteen  years  alter  tneir  date,  and  ol  tne  third  class  twenty  years  alter  we. 
their  date,  but  the  two  last  classes  of  the  said  bonds  shall  be  redeem- 
able by  the  State,  at  any  time  after  the  expiration  of  ten  years  from 
their  date,  and  shall  be  so  expressed.  The  interest  and  principal  of 
the  said  bonds  shall  be  made  payable  at  such  place  and  places  as 
his  Excellency  the  Governor  may  deem  most  advisable,  and  best 
calculated  to  promote  the  objects  of  this  Act. 

92.  Sec.  III.     It  shall  be  X\iQ  duty  of  the  Governor  to  sig:n  andTobed??- 
<lispose  of  the  said  bonds  at  the  time  and  in  the  manner  best  adapt-  IhrifesT  '" 
cd  to  accomplish  the  completion  of  the   road;  Provided,  that  said  JJJf^"j.J|J'[^g^J''^ 
bonds  shall  not   be  negotiated  for  less  than  their  par  value,  or  paid  ''^^^^  P'^*- 
out   for  work,   materials,  cars,  engines,  or  for  any  other  -  necessary 
equipment  of  the  road  of  any  kind  or  description  whatever. 

93.  Sec.  IY.     Txhe  bonds  herein  autliori zed  shall  be  authenticat-Authentica 
ed  by  the  signature  of  the  Governor  and    that   of  the   Secretary  of  '^"" 
State,  and   stamped  with   the    seal  of  the  State,  as  provided  by  the 

Act  of  the  18i:h  December,  1838. 

94.  Sec.  Y.    The  proceeds  of  said  road,  after  deducting  the  expense  Profits  of 
■of  repairs,  running  said  road,  and  Leeping  up  the  necessary  equipments  Ssposed  of. 
and  all  other  expenditures  necessary  to  its  proper  management,  and  af-     ' 

ter  the  payment  annually  of  all  interest  on  debts  heretofore  contracted 
by  authority  of  the  General  Assembly  and  which  constitute  liens  upon 
th^,.  sidd  road  and  its  income,  shall  be  paid  into  the  treasury  of  the 
v'^tate  by  the  Chief  Ekigineer,  and  be  applied  to  the  payment  of  the  in- 
terest due  on  the  bonds  authorized  by  this  Act.  and  the  surplus  of  said 
receipts  shall  form  a  sinking  fund  for  the  redemption  of  the  bonds 
heretofore  issued  and  which  form  a  lien  upon  the  said  road,  and  of 
tlie  bonds  to  be  issued  by  authority  of  this  Act,  at  their  maturity. 

jbi  Actio  rcpealnn  Act  passed  on  the  22d,daij  of  Dec.  IS'IS,  avlhorhijig 
the  Governor  of  the  State  of  Georgia.,  to  sell  the  Western  and  At- 
haitic  Railroad,  for  a  sum  not  less  i/nin  one  fiiillion  of  dollars. — 
Approved  Feb.  23,   1850.     Pam.  392. 

9.5,    Beit  enacted^  That  from  and  after  the   passage   of  this  Act,  fioad  not  to 
that  so  much  of  the  Act  of  1843  as  authorizes  the  Governor  to  sell  ^''*' 
said  railroad  be,  and  tlic  same  is  liereby  repealed. 


An  Act  to  atttJ/orize-  and  direct  the  Chief  Engineer  of  the  Western 
and  Atlantic  Railroad,  to  hane  a  turnout  made  on  the  State  road., 
in  Cas:-^  County,  near  Elowah  river,  at  such  place  as    Messrs.  iJio- 


418      INTERNAL  TRANSPORTATION— W.  &  A.  R.  R.— 18^0. 


Treasurers'  and  other  agents'  bond — Embezzlement — Stock  killed. 

vail  6^  Lother  shall  designate^  upon  certain  conditions  therein  named. 
Approved  Feb.  11,  1850.     Pam.  392.  > 

MeSr^'st^*^  96.  Sec.  I.  Be  it  enacted,  That  the  Chief  Engineer  of  the  West- 
vaii  and  Lo-  em  and  Atlantic  Raihoad  be  authorized  and  directed  to  have  con- 
"^'^'  structed  a  turnout    on  the  Western  and    Atlantic  Railroad  in  the 

County  of  Cass,  at  such  place  near  the  Etowah  river  as  Messrs.  Stc- 
vall  and  Lother  shall  designate  ;  Provided,  the  said  S  to  vail  and  Lo- 
ther shall  pay  all  expenses  incurred  in  making  said  turnout,  and  load  all 
cars  loaded  at  said  turnout  by  them  at  their  own  expense,  and  take 
receipts  for  the  freight  from  the  agent  at  the  next  depot  below  said 
turnout. 


An  Act  to  provide  for  the  collection  and  safe  Iceeping  of  the  reveimes 
of  the  Western  and  Atlantic  Railroad,  to  punish  those  who  may 
attempt  to  defraud  the  same,  and  for  other  purposes  therein  contain- 
ei^.— Approved  Feb.  23,  1850.     Pam.  393. 

Treasurer's       97.   Sec.  I.     Be  it  cnactcd,  That  from  and  after  the  passage  of 
this  Act,  the  Treasurer  of  the  Western  and   Atlantic  Railroad  shall 
give  a  bond  with  good  and  sufficient  security,  payable  to  the  Gover- 
nor of  this  State  and  his  successors  in  office,  in  a  sum  of  not  less 
than  twenty  or  more  than  fifty  thousand   dollars   for    all    moneys 
which  may  come  to  his  hands,  to  be  approved  by  the  Governor. 
Andaiioth-      98.   Sec.  II.     Eacli  and  cvcry  pcrsou  Connected  with  the  Wcst- 
rJ^^ntroroF    cm  and  Atlantic  Railroad,  whose    business  and  employment  require 
inuney.       |-|^q  coilectiou  and  disbursement  of  money,  or  into  whose  hands  mon- 
ey may  come,  shall  give  bond  with  good  alid  sufficient  security,  pay- 
able to  the  Governor  and  his  successors  in  office,  in  such  sum  as  he 
and  the  Chief  Engineer  may  by  order  from  time  to  time  specify  and 
direct. 
Embezzle-        99.   Sec.  III.     Any  officer  or  other  agent  of  the  said  road  into 
whose  hands  may  come  any  money  belonging  to  the  State,  derived 
from  the  business  or  operations  of  said  road,  who  shall  fail  or  re- 
fuse on  the  written    demand  of  the    Chief  Engineer  to  pay    over  or 
otherwise  faithfully  account  for  the  same,  shall  be  held  and  deemed 
iniictment.  asguilty'of  embezzlemcnt,  and  liable  to  indictment  in  the  Superior 
Court,  and  on  conviction  ther'eof,  shall  be  sentenced  to  hard  labor  in 
the  Penitentiary  for  a  term  of  not  less  than  two  or  more  than  seven 
years. 
SefEiw-       ^^^'  ^^^'  ^^^-     ^^^   moneys  paid    out  by    the   Treasurer    of  the 
jieer.     °    Westcm  and  Atlantic  Railroad,  shall  be  upon  the  warrant  of  the 


Chief  Engineer. 

Oath  ofEn-^  101.  Sec.  V.  It  sIisJl  bo  tlic  duty  of  each  and  every  locomotive  En- 
gine ^"""'"'•gjj^ggj.  employed  on  said  road,  before  entering  upon  his  duty,  to  take 
and  subscribe  the  following  oath :  I,  A  B,  do  solemnly  swear  (or  af- 
firm as  the  case  may  be)  that  I  will  make  and  return  to  the  office  of 
Chief  Engineer  a  true  appraisement  of  the  value  of  every  horse,  cow, 
hog,  or  other  domestic  animal  killed  by  engine  or  train,  so  far  as  I 
may  know,  so  help  me  God  ;  which  oath  or  affirmation  shall  be  filed 


INTERNAL  TRANSPORTATION— W.  &  A.  R.  R.— 1850.      419 

Sale  of  right  of  way — By-laws — Sale  of  land — Resolutions. 

in  the  office  of  the  Chief  Engineer,  who  shall  cause  payment  there- Paywemtir 
for  to  be  made  to  the  owner  upon  his  application  ;  and  in  case  the  ^  ^     -  '^  ' 
owner  is  dissatisfied  with  the  said  appraised  value,  it  shall  be  his  du- 
ty to  appoint  one  appraiser  and  the  Chief  Engineer  another,  who  to- 
gether with  said  the  locomotive  Engineer,  shall  finally  settle  the  sum 
to  be  paid  for  the  stock  so  killed. 

102.  Sec.  VI.     The  Governor  shall  not  sell  at  any  time  any  part  Gov.  siiaii 
of  the  right  of  way  heretofore  acquired  by  the  State,  nor  any  proper- "°^^^ 
ty  or  land  that  may  be  necessary  now,  or  at  any  other  time,  for  the 
erection    of  depots,  wood  yards,  or  water  stations,  or  for  any    other 
improvement  necessary  or  convenient  to  said  road.* 

103.  Sec.  VII.     The  Governor  and  Chief  Engineer  be  and  they  Rules  made 
are  hereby  authorized  and  empowered  to  adopt  such  rules  and  regu-  SnSEng"- 
lations  for  the    government   and  management  of  said  road,  as  they  "*^^^- 
may  deem  conducive  to  the  public  interest,  not  inconsistent  with  the 
Constitution  and  Laws  of  this  State,  which  shall  be  recorded,  from 

time  to  time,  as  they  are  adopted,  in  one  or  more  order  books  to  be 
kept  for  that  purpose. 

104.  Sec.  VIII.     The  ninth  section  of  an  Act  assented    to   the  Restriction 
29th  December,  1838,  entitled  '-an  Act  to  authorize  the  sale  of  scrip ^leerri^e- 
or  certificates  of  State  debt,  and  to  enlarge  the  duties  of  the  Com.-  ps^'«*^- 
missioners  of  the    Western  and    Atlantic   Railroad    of  Georgia,"  be 

and  the  same  is  hereby  repealed. 

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

An  Act  to  authorize  his  Excellency  the  Governor  to  dispose  of  certain 
lands  belonging  to  the  State  of  Georgia. — Approved  Feb.  8,  1850. 
Pam.  297. 

105.  Sec  I.     That  the   Governor   be  authorized   to  dispose  of  ^'^■y-  ^^y 
such  lands  lying  on  the  line  of  the  Western  and  Atlantic  Railroad,  uui'ds! 
as  he  may  deem  expedient,  by  public  sale.f  , 

106.  Sec.  II.     The    moneys   arising    from  the  sale  of  the  lands  Proceeds  ;i)- 
aforesaid,  may  be  applied  to  any  of  the  purposes  of  the  Western  and  At-  wcsie?n  & 
lantic  Railroad,  or  placed  in  the  State  Treasury,  to  be  used  in  defray-  ^altroa*. 
ing  the    expenses    of  the    State    Government,    whichever   may   be 
deemed  most  expedient. 

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


107,  Resolutions. — Directing  the  Governor  to  ascertain  on  what  terms  tlie  road  can 
be  extended  to  the  Tennessee  river,  in  the  State  of  Tennessee.  1836,  Pam.  3  of  lleso- 
lutions. 

E,eq[nesting  the  Governor  to  dispatch  a  special  agent  to  negotiate,  in  behalf  of  this 
State,  with  the  Legislature  of  Tennessee,  for  the  purpose  of  authorizing  the  extension 
of  the  road  to  the  Tennessee  river.     1837.  Pam.  270. 

Oiiering  to  secure  similar  privileges  to  any  road  in  Tennessee,  seeking  to  connect  -with 
"Western  and  Atlantic  Kailroad,.in  Georgia,  Frovldcd,  the  State  of  Tennessee  grants  the 
privilege  of  extending  that  road  to  the  Tennessee  river.  1837,  Pam.  271. 

*See  sec.  105.  tSee  sec.  102, 


4'30  INTERNAL  TRANSPORTATION— W.  &  A.  R.  R. 

Kesol-ations — Acts  of  tlie  State  of  Tennessee. 


Approving  of  the  Iliwassee  llailroads  connection  with  the  State  Road,  and  directing 
an  experimental  sun'-ej^  by  lied  Clay,  to  the  Tennessee  river,  and  a  change  of  location, 
if  practicable.     1838.  Pam.  281,  2,  3,  4. 

llequiring  Commissioners  to  locate,  permanently,  the  tenninus  on  the  Tennessee  river. 
Also  to  inquire  into  and  dismiss  from  service  any  Engineer  or  assistant,  who  is  directly 
or  indirectly  concerned  in  the  purchase  of  land  at  any  proposed  terminus,  and  especial- 
ly at  or  near  the  mouth  of  Chickamauga  creelc'  1838.  Pam.  268. 

lleiuiring  the  Commissioners  to  open  a  public  highway,  so  as  to  prevent  its  crossing 
the  Plailroad  only  at  necessar}'-  points.     1839.  Pam.  227. 

'requiring  the  Directors  of  the  Central  Bank  to  pay  certain  scrip,  issued  by  the  Com- 
'K-'-ijiicrs,  and  all  certiticates  for  right  of  way.     1840.  Pam.  19o. 

liee^uiringthe  Commissioners  to  make  out  '■  a  full  and  fair  return  of  all  their  actings 
and  doings,"  and  deposite  the  same  in  the  Executive  office  by  1st  October,  1843,  which 
return  the  Governor  is  requested  to  pul^lisli.     1842.  Pam.  209. 

licquiring  the  Governor  to  appoint  some  lit  pers6n,  to  receive  from  Wilson  Lumpkin, 
dioijursing  agent,  "  the  books,  vouchers,  scrip,  and  all  other  papers,  funds  and  effects," 
connected  with  the  lload,  in  his  hands  or  under  his  control,  which  person  shall  proceed 
to  post  irp  the  books,  arrange  the  vouchers,  and  adjust  the  accounts  and  make  out  a 
schedule  of  the  same,  to  be  recorded  in  the  Comptroller  General's  office  and  the  Execu- 
tive, office.     1842.  Pam.  187. 

Appointing  a  Committee  to  settle  with  the  Commissioners.  1843.  Pam.  192.  Purport 
of  Committee — declaring  their  want  of  time  to  enter  on  so  complicated  a  bushiess,  and 
Ilesolution  referring  the  same  to.  the  Comptroller  "General,  to  investigate  and  report-  to 
the  Governor.     1843.     Pam.  196 — '7.  . 

ilequesting  our  Senators  and  Representatives  to  have  the  duty  on  Kailroad  Iron,  used 
on  the  8tate  lload,  refunded.     1845.     Pam   203-'4. 

Insrrueting  the  Chief  Engin-cer,  before  he  locates  the  terminus  of  the  Road,  to  ascer- 
tain from  the  mfinuscript  record  of  the  Act  of  tire  State  of  Tennessee,  granting  the  right 
of  way,  wdietherit  does  not  grant  also  five  acres  for  a  depot.     1847.  Pam.  309. 

Allowing  an  action  to  be  brought  against  Chief  Engineer,  in  Walker  County,  by 
CaldweU  &  Dickson.   '  1850.  Pam.  399. 

Officers  to  insist  on  a  day  sell eduie.     1850.  Pam.  400. 

Pvcsolution  of  1838  prohibitijig  Engineers  from  purchasing  real  estate  within  tlirec 
miles  of  the  Road — rescinded,  1850.  Pam,  402. 

Authorizing  Chief  Engineer  to  purchase  Ransom,  a  negro  man  slave.  1850.  Pam. 
41G.' 

Note. — Eor  the  information  of  the  citizens  of  the  State,  and  move  particularPf  the 
legislators,  the  compiler  inserts  the  Acts  of  the  State  of  Terxuessee,  coixferring  privileges 
on  the  Western  and  Atlantic  Raikoad. 


Jin  Act  to  authorize  the  Sfafe  of  Georgia  to  extend  her  Western  and  Atlantic  Rail- 
road from,  the  Georgia  line  to  aane  point  on  the  eastern  margin  of  the  Tennessee 
liiver. 

Sec.  I.  Be  it  enacted  by  the  General  AsRemhIy  of  the  State  of  Tennessee,  That 
the  State  of  Georgia  shall  be  aUowcd  the  privilege  of  making  every  necessary  j-ecogni- 
sance  and  survey  for  the  purpose  of  ascertiuning  the  most  eligible  route  for  the  exten- 
sion of  her  Western  and  Atlantic  Railroad  from  the  Georgia  line  to  some  point  on  the 
eastern  margin  of  the  Tennessee  river. 

S_yc.  11.  And.  be  it  further  enacted,  Tliat  as  soon  as  said  route  and  point  shall  be 
ascertained,  the  State  of  Georgia -shall  be  allowed  the  light  of  v/ay  for  tiie  extension 
and  construction  of  her  said  PvaiJi'O^d,  from  the  Georgia  line  to  the  Tennessee  river,  and 
that  she  shall  be  entitled  to  all  privileges,  rights  and  immunities,  (except  the  subscription 
on  the  part  of  Tennessee,)  and  be  subject  to  the  same  restrictions,  as  far  as  they  are  ap- 
plicable, as  arc  granted,  made  and  prescribed  for  the  benefit,  government  and  dii-ection 
of  the  Hiwassee  Railroad  Company.  ^  ,,         ' 

Sec.  III.  And  be  it  ftirt!;(:r  enacted^  That  the  foregoing  rights  and  privil-Ogcs  arc 
conferred  upon  tlie  State  of  Georgia,  on  condition,  that  whericver  aj.vpliccition  is  made, 
she  will  grant  and  concede  eimilar  ones,  and  to  as  great  to  extent,  to  the  State  of  Ten- 
nessee, or  lier  iiicorpcrated  companies. 

(feigned)  ■  JOHIn  COCKE, 

Speaker  of  the  House  of  Representatives. 
(Signed)  TERRY  H.  CAHAL, 

Speaker  of  the  Senate. 

Passed  January  24th,  1338. 

T'-o  State  Library  does  not  contain  the  charter  of  the   IIlwa3;vcc  Ra.Ili'cad  Coni-~r"-:T. 

-;■.,=    y  ,.,   Aov  of  ISI'^. 


INTERNAL  TRANSPORTATION.— W.  &  A.  R.  R.  42: 


Acts  oj'  the  8r,ate  of  Teiiiv  -,•- 


B  i  'I  I  'ti-d  >»>->  ijt.-irraj  As'^i-whly  of  the  Siai^  aj'  F-  >fi-  •  .  ,  J  iial  i]-e  IVirther  tane 
of  two  years,  from  f'e  Rrst  day  of  January  next,  be  given  to  the  -State  of  Georgia,  to 
complete  the  Vvesterii  anfl  Ariantic  Itailroad  oi'triat  Si:ate.  to  Ohattanooga,  on  the  Ten- 
nessee river 

(Signed)  F.  BVCHANAN,     - 

Speaker  of  rlio  Ii>-.ii.-;e  of  Representatives, 
(Signed)  J.  M.  AXDi^RSON/ 

S  e^dcer  ol  the  ■•'ci'Cte- 
PassedO-tohor  IS,  1S47.  '   - 


An  Act  rO'^fr<  riuf^  ujiiu  •  ■'  ?.;'<(?     ■  .<i,  addi.  ■.  .:  to  the 

l-Vesitrn  and  .'ithxntlc,  liacuM 

Be  it  enaclfd  lytht  i''  iriral.Asfiemhni  <jf,{he.1i^tpie.tr  .>That.aIl  th^pghts; 

privLlo;:;es  a^id  i;uinau:;'^e3,  with,  t^e  same. re/strictions  v,;;i'^h  :!i;e  giveii  and  grtmi^cd  t^ 
the  NashTiile  and  Ciaattaiioa^a  llaiiroadUoni^.-ani',  bx;  the  Aot  oi  /i  e  tTeaeral  .Asseij '.biy 
of  this  State,  mcorporatijig  said  .Company,  ])assed  De.'-om'er  lit'-,  1  l-.),  arcs,  so  r^ar'-as 
the  -  are  applict^bloj  hereby  givea  to  and  con-erred  unon  t.\:  S'-i.^  of  (ieorgM,  to'be^en- 
jcy    I  and  exer^'i'sed  bv.  t'lat  >Sratp  b).  tbe  constriijjti'^i.i  ■.''/' i"'-'  '    e    We.-;terr.   and 

Aiiaiitic  ILaiiroad,  iyin^  iu  llaniLvtou  Coiuity,  'i'oane>---i.-o.  ■•  .;.riay^.(iir)e''i  "/iis 

business, 

(.Si-nod)  r\     :Vv  i.     .\AN, 

Sneaker  or  t''C  11  -s^-    o.^  Kepre-entatp  es. 
(Si:vned)  ^  J.  NL  .\  .■  ■  EKSON,. 


eaker  of  tKe  Senat<^. 


Passed  Febriiar\ 


The  foUowing  sections  of'the  A^ct  inecrpcratins;  tie  >'>!:*'       i    ;   ;  ;  •  "^    .         -  : 
rrad  Company,  are  tlic  only  ones  that  could  be  cons"''  iciiide  to   ti^e   >^;.:'\    c;^ 

Geo'riria,  under  the  Act  of  ^-^d  FebruniV,  1848'.  in  rt-.'er  *•  Western  6nd'Atla'ut,ic 

Railroad.  "'  ■  ' 

SrX'.  21.     Tiie  said  C'on\  any  may  purchase,   have    and  •    lee,  or  for  a  torin  of 

yen:.s  any  lands,. tenements  or  bcTe'dltfinjenrs  -which  n:;y  be  r:e';fs^ary  .for  said  road  or 
ap..urtenances  thereof,  or  io«r  tlie  erection  of  depositories,  store-houses,  houses  for  the 
officers,  servants  or  a-^euts  of  the  Coin.pany,  or  for  v;ork  sho,.s  or  foun-dries  to  ]:e  nsed 
for  the  said  Comijany,  or  for  procuring  timber,  stones  or  otbtT  materiaLs  necessary  for 
the  construction  of  the  XKn\A  or  ^^s  apjmrreeanee^',  or ';:nr  efrectinjHTansportation  thereon. 

Skc.  2'i.  The  said  Company  shal]  have  the  ritrbt,  when  ne-.-essary,  to  construct  the 
said  road,  or  an}'  branch  thereof,  across  or  alo!i>'any  pi.iblic  road,  or  water  course  ;  pw)- 
vitlei  that  the  said. road,  and 'the  navin-ation  of  suoh  wa'ter  course  shall  not  be  therely 
oiisirnated;  avid  provided:  furthGr  that  .surdT  Raib'oad,  shaH'not  lie  Ibcuted  so-near  a;  y' 
tur  i;;,ike  road  as  to  injiire  or  ];rejadice  the  ii;(eresta  of  the  stockholders  in  such  tum- 
pike-road,  except  u]jon  such  tenris  as  laay  be  agreed  vi[;on  by  tl-.e  lu'esident  and  direct- 
ors oi:'  the  same  on  benaU'  oi:  the  stockh'VLders. 

.S.-:c.  21.  AViiere  aay  lands  or  rig-ht  of  way  may  be  re;.piire:l  by*tbe,  said  Com.pany 
for  tiiepnrpo.^  of  cohst'racting' their  road,  and  for '«'a:nt  or  a'.-roenn'nt  as  to  the  value 
thojrev)f,  or'.u'6m  any  other  cause,  the  same  cannot-i^e  ,  ur  'ha^-'Hlfrom  the  owner  or- own- 
er.-;, tiie  -ame  may  be  taken  at  a  valuation  to  be  ma  le  by  liv  ■  commissioners  or  a  niajcri- 
ty  of  thera,  to  be  appointed  by  the  Circmt  Co>irt  ox  the  County,  where  some  part  of  tb.e 
land  or  right  of  way  i>  suuatevb-and  the-.^nM  '  o'ny''-.-'o'!er<,  "i  efore  they  act,  shall  seve-_ 
raJLlytaice  an  oach  before  sc/ihc  Justice  ol  the  L'e-vve,  Ltit'.lf;dly  avid  impartially  to  diil!- 
charge  the  duty  assigned  them.  In  Tnaki;i.g  the  said  vah,iatior;,  the  comnivssi oners  sh;'ll 
talie  mto  consi'Leratlon  the  loss  or  dara^ige  whicdi  mav  occn  to  tliC  ov^'ner  ov  owners  in 
coiise-[uence  of  the  land.^being  taken  or  the  riglit  of  way  surrendered,  and  also  the  bei;- 
erir  ..!nd  advantage  he,  s-hc  or  tJiey  inay  receive  from  the  (n-vction  or  establishment  of 
the  raiir  .ad  or  vv^ovks.  and  shall  state  particularly  the  )'ai:;ue  and  amount  of  each,  ard 
the  excess  of  loss  ami  over  and  abo\e  the  I'ceeiit  and  advar.tage  shall  form  tlie  7ni:-., ••;!.', re 
of  Viiuation  of  the  said  land  or  right  of  ^\?i\. 

The  wi'oceediiig.-;  of  the  said  comniissioners,  accimieanicd  wit;.  ;.  xu!.l  u^.-e.i.i;r.:....b  ^.Lthe 
said  \-^\vl  or  riglit  of  way,  shall  be  returned,  under  the  hands  and  se;ils  of  a  majority  of 
the  cornnrissioiicrs,  to  the  (."ourt  from,  wliich.  the  commis.'^ion  iss\ned,  there  to  remabn  of 
reccrvl.  In  case  either  party  vo  *:he  };rocee'.lh)gs  shall  aoj-eal  from  the  valuation  to  the 
nexu   session   of  the   Court  granting  the  commissos  and  give  reasonable  notice  to  the 


42^  INTERNAL  TRANSPORTATION.— W.  &  A.  R.  R. 

Acts  of  the  State  of  Tennessee.' 

opposite  party  of  such  appeal,  the  Court  shall  order  a  new  valuation  to  be  made  by  a  Jury 
who  shall  be  charged  therewith  in  the  same  term,  or  as  soon  as  practicable,  and  their  ver- 
dict shall  be  final  and  conclusive  between  the  parties,  unless  a  new  trial  shall  be  granted  ; 
and  the  lands  or  right  of  way,  so  valued  hj  the  commissioners  or  Jury,  shall  vest  in  the  said 
Company  in  fee  simple,  so  soon  as  the  valuation  may  be  paid,  or  when  refused,  may  be  ten- 
dered. '\\Tiere  there  may  be  an  appeal,  as  aforesaid,  from'the  valuation  of  commissioners 
by  either  of  the  parties,  the  same  shall  not  prevent  the  works  intending  to  be  constructed 
from  proceeding  ;  but  where  the  appeal  is  by  the  Company  requiring  the  surrender, 
they  shall  be  at  liberty  to  proceed  in  their  works  only  on  condition  of  giving  to  the  op- 
posite party  a  bond,  with  good  security,  to  be  approved  of  by  the  Clerk  of  the  Court, 
w^here  the  valuation  is  returned,  in  a  penalty  equal  to  double  the  said  valuation,  con- 
ditioned for  the  pa}"nent  of  said  valuation  and  interest,  in  case  the  same  be  sustained ; 
and  in  case  it  be  reversed,  for  the  payment  of  the  valuation  thereafter  to  be  made  by  the 
Jury  and  confirmed  by  the  Court :  Provided,  that  when  the  land  cannot  be  had  by  gift 
or  purchase,  the  operations  of  the  work  are  not  to  be  hindered  or  delayed  during  the 
pendency  of  any  proceeding  to  assess  its  value  as  aforesaid,  nor  shall  any  injunction  or 
supersedeas  be  awarded  by  any  Judge  or  Court  to  delay  the  progress  of  said  work. 

Sec.  25.  In  the  absence  of  any  contract  with  the  said  Company  in  relation  to  lands 
through  which  the  said  road  may  pass,  signed  by  the  owner  thereof,  or  by  his  agent,  or 
any  claimant  or  person  in  possession  thereof,  which  may  be  confirmed  by  the  owner,  it 
shall  be  presumed  that  the  land  upon  which  the  said  road  may  be  constructed,  together 
with  a  space  of  one  hundred  feet  on  each  side  of  the  centre  of  said  road,  has  been  grant- 
ed to  the  Company,  by  the  owner  thereof,  and  the  said  Company  shall  have  good  right 
and  title  thereto,  and  shall  have,  hold  and  enjoy  the  same  as  long  as  the  same  be  used 
only  for  the  purposes  of  the  road,  and  no  longer,  unless  the  person  or  persons  owning 
the  said  land  at  the  time  that  part  of  the  road,  which  m.ay  be  on  said  land,  Vv'as  finished, 
or  those  claiming  under  him,  her  or  them,  shall  apply  for  an  assessment  for  the  value  of 
the  said  lands,  as  hereinbefore  dii-ected,  within  five  years  next  after  that  part  of  said 
road  M' as  finished.  And  in  case  the  said  owner  or  owners,  or  those  claiming  under  him, 
her  or  them,  shall  not  apply  for  such  assessment  within  five  years  next  after  the  said 
part  was  finished,  he,  she  or  they  shall  be  forever  barred  from  recovering  the  said  land, 
or  having  any  assessment  or  compensation  therefor ;  Provided,  nothing  herein  contain- 
ed shall  affect  the  right  oijhnes  covert  or  infants  until  two  years  after  the  removal  of 
their  disabilities. 

Sec.  26.  If  any  person  shall  intrude  upon  the  said  railroad,  or  any  pare  thereof,  by 
any  manner  of  use  thereof,  or  of  the  rights  and  privileges  connected  therewith,  without 
the  permission,  or  contrary  to  the  will  of  said  Company,  he,  she,  on  they  shall  forthwith 
forfeit  to  the  said  Company  all  the  vehicles  that  may  be  so  intruded  on  said  road,  and 
the  same  may  be  recovered  by  suit  at  law ;  and  the  person  or  persons  so  uitruding  may 
also  be  indicted  for  misdemeanor,  and  upon  conviction,  fined  and  imprisoned  by  any 
Court  of  competent  jurisdiction. 

Sec,  27.  If  any  person  shall  wilfully  and  maliciously  destroy  or  in  any  manner  hurt, 
damage  or  obstruct  the  said  railroad,  or  any  bridge,  or  any  vehicle  used  for,  or  in  the 
transportation  thereon,  such  person  or  persons  so  offending  shall  be  liable  to  be  indicted 
therefor,  and  on  conviction  shall  be  imprisoned  not  more  than  six  nor  less  than  one 
month,  and  pay  a  fine  not  less  than  twenty  dollars  ;  and  shall  be  further  liable  to  pay 
all  the  expenses  of  repairing  the  same  ;  and  it  shall  not  be  competent  for  any  person  so 
offending  against  the  provisions  of  thia  clause  to  defend  himself,  by  pleading  or  giving 
in  evidence,  that  he  was  the  owner,  or  agent,  or  servant  of  the  owner  of  the  land  where 
such  destruction,  hurt,  damage,  injury  or  obstruction  was  done  or  caused,  at  the  time 
the  same  was  caused  or  done. 

Secs.  28,  29,  30,  31,  32,  33,  34.     Not  applicable. 

Sec.  35.  The  president,  directors,  clerks,  agents,  officers  and  servants  of  said  Com- 
pany shall  be  exempt  from  military  duty,  except  in  cases  of  invasion  or  insurrection,  and 
shall  also  be  exempt  from  serving  on  Juries  and  working  on  public  roads. 

Secs.  36  and  37-  Not  applicable. 

Sec.  38.  The  capital  stock  of  said  Company  shall  be  forever  exempt  from  taxation, 
and  the  road  vath  all  its  fixtures  and  appurtenances,  including  workshops,  warehouses 
and  vehicles  of  transportation,  shall  be  exempt  from  taxation  for  the  period  of  twenty 
years  from  the  completion  of  the  road,  and  no  longer. 


INTERNAL  TRANSPORTATION.— Private  R.  R.  Co.  423 


Central  R.  E,.  &  B'k'^.  Co.— Geo.  R.  R.  &  B'knr,  Co.— Macon  &  West.— Brunswick,  &c.  &c. 


108.    PRIVATE  RAILROxVD  COMPANIES. 

Central  Railroad  aiid  Banking  Company. 
Incorporated,    December    20,     1833.     Pam.    246,    (Prince, .  300.) 
Amended  and  name  changed,  1835,  Pam.  217,  (Prince,  326.)  Amend- 
ed, 1836,  Pam.    197,    (Prince,  358.)     Amended,   1839,    Pam.    192; 
1841,  Pam.  174  ;   1843,  Pam.  138 ;   1845,  Pam.  162.     Junction  at 
Macon  authorized,  1847,  Pam.  165 ;   1850,  Pam.  244,  249. 

Georgia  Railroad  and  Banking  Compaiiy, 
Incorporated,  Dec.  21st,  1833,  Pam.  256,  (Prince,  304.)  Amend- 
ed^ 1834,  Pam.  218,  (Prince,  310.)  Name  changed  and  banking 
privileges  granted,  1835,  Pam.  180,  (Prince  311.)  Amended,  1835, 
Pam.  199,  (Prince  314.)  Amended  1836,  Pam.  197,  (Prince  358.) 
Middle  Branch  Railroad,  1836,   Pam.  198,  (Prince,  368.)  Amended, 

1836,  Pam.  208,  (Prince,  374.)  1837,  Pam.  212;  1840,  Pam.  25; 
1841,  Pam.  175;    1843,  Pam.  21;   1850,  Pam.  239. 

Monroe  Railroad  and  Banking  Company — now  Macon  and  Western 

Railroad  Company.^ 
Incorporated,    1833,    Pam.  238,  (Prince,  314.)     Amended,  1835, 
Pam.  200,  (Prince,  .345.)  Amended,  1836,   Pam.  200,  (Prince,  369,) 

1837,  Pam.  200;  1838,  Pam.  191 ;  1839,  Pam.  30.  Name  chang- 
ed and  charter  amended,  1845,  Pam.  150.  Macon  and  Western 
Railroad,  incorporated,  1847,  Pam.  181.  Junction  at  Macon,  1847, 
Pam.  165 ;   1850,  Pam.  249 ;  3d  section  repealed,  1850,  Pam.  244. 

Bni7is7vick  Canal  and  Railroad  Co7npany. 
Incorporated,  1834,   Pam.   213,  (Prince,    318.)     Stock  increased, 

1836,  Pam.  219,  (Prince  358.)  Amended,  1837,  Pam.  203  ;  1838, 
Pam.  200. 

Spalding^ s  Ocmnlgce  and  Flint  River  Railway. 
Incorporated,  1827,  Vol,  IV.  293,  (Prince,  324.)    Amended,  1834, 
Pam.  219,  (Prince,  325.)  Amended,  1835.   Pam.  216,  (Prince.  344.) 
1839,  Pam.    193;    1840,   Pam.    154;   1842,   Pam.    142.     Amended, 
1850,  Pam.  238. 

Great  Western  Railroad  Company. 
Incorporated,   1835,    Pam.    209,  (Prince,  334.)     Amended,  1835. 
(Prince,  344,)  Pam.  216. 

Brunswick  and  Florida  Railroad  Company. 
Incorporated,  1835,  Pam.  187,  (Prince  338.)  Amended,  1835,  Pam. 
216,  (Prince,  344.)  Amended,  1836,  Pam.  182,  (Prince,  358,)  1838, 
Pam.  197;   1847,    Pam.  184. 

(1.)  See  1  Kelly ^  435.  3  Ih.  333,  371.    4  Ga,  323;  7  lb.  221. 


424         INTERNAL  TRANSPORTATION.— Private  R.  R.  Co. 

Chattahoochee — Western  E,.  K.  Co. — Flint  &     hattahoochee  R.  R.  &c.  &c. 

Chattahoochee  Railroad  Company. 
Incorporated,  1835,  Pam.    193,    (Prince,  341.)     Amended,  183G, 
Pam.  183,  (Prince,  359.)   1838,  Pam.  198. 

Western  Railroad  Company. 
Incorporated,  1835,  Pam.  202,  (Prince,  346.) 

Flint  and,  Chattahoochee  Railroad  Company. 
Incorporated,  1836,  Pam.  195,  (Prince,  367.) 

St.  Marifs  and  Columhus  Railroad. 
Incorporated,  1836,  Pam.  209,  (Prince,  375.) 

Mempliis  Branch  Ruilr on d  and  Sieamhoat  Company;  [iioic)  Rome 

Railroad    Company. 

Incorporated,  1839,  Pam.  105.  xlmended,  1845,  Pam.  145  :   1847. 
Pam.  170.     Amended  and  name  changed,  1850,  Pam.  243. 

Hiwarsee  Railrcad  and  Nashvilh  and  Chatianooga  Railroad. 
Authorized  to  construct  their  roads  to  connect  with  Western  and 
Atlantic  Ft.aih'oad  in  this  State  :   1847,  Pam.  171. 

Cross  Plains  and  Red  Clay  Branch  Railroad. 
Incorporated,  1840,  Pam.  87.     Amended,  1849,  Pam.  241. 

]Montgomcrij  Railroad  Company. 
Incorporated,  1837,  Pam.  201. 

Milledgeville  and  Cliattahnichee  Canal  and  Railroad  Company. 
Incorporated,  1837,  Pam.  204. 

Blue  Ridge  Railroad  and  Canal  Company, 

Incorporated,  1837,  Pam.  193. 

-   Milledgeville  Railroad,  Company. 
Incorporated,  26th  Dec.  1837,  Pam.  214.     Amended,  1842,  Pam.. 
141.     Revived  and  amended,  1847,  Pam.  175  ;   1850,  Pam.  253. 

Louisville  Railroad   Company, 
Incorporated,  1838,  Pam.  170. 

Talbot  ton  Railrocul  Company. 
Incorporated,  1839,  Pam.  181. 

Washingion  Railroad  and  Ba7iking  Company. 
Incorporated,  1839,  Pam.  192. 

Augusta  and  Wayneshoi^o'  Railroad  Company. 

Incorporated,  1838,  Pain.  174.     Amended,  1839,  Pam.  89;  1840, 
Pam.  153  ;   1847,  Pam.  164.     Amended,  1850,  Pam.  247. 


INTERNAL  TRANSPORTATION— Private  R.  R.  Co.  425 

Eatonton  II.  11,  Co — Washington  li.  II.  Co. — Farmers'  li.  It.  Ck)   Ike.  Sec. 

Eatonton  Railroad  Company. 
Incc-rporated,  1839,  Pam.  191. 

Bellville  and  Altamha  Canal.  Railwai/  and  River  N  v/gation  Cnni- 

pany. 
Incorporated,  1839,  Pam.  97. 

ThoTiiasion  and  Ba.rnesvllle  Railroad  Convpamj. 
Incorporated,  1839,  Pam.  100.     Revived,  1847,  Pam.  "l88. 

Mllledgcville  Turnpike  and  Railroad  Compa/.y,  noiv   Alillcdgcville 
and  Gordon  Railroad  Cornet  any. 
Incorporated,  1840,  Pam.  !05.     Amended,  1847,  Pam.  176  ;   State 
subscription,  1850,  Pam.  176. 

S  out] LID  ester  n  Railroads  Company,  and   Colnnihas  (rnd  Soufheasiern 

Railroad  Cowpany. 
Incorporated,  1845,  Pam.  132.  Amended,  1847,  Pam.  184.  Amend- 
ed, 1S50,  Pam.  243. 

Miir.cogee  Railroad  Cnm-pav-j. 
Incorporated,  1845,  Pam.  116.     Amended,    1847,  Pam.  166,  183. 
Amended,  1850,  Pam.  237,  245. 

Waslmigton  Railroad  Company. 
Incorporated,  1847,  Pam.  144. 

Farmers^  Railroad  Company. 
Incorporated,  1847,  Pam.  188. 

Elbert  Railroad  Company. 
Incorporated,  1847,  Pam.  150. 

EtowaJi  Railroad  Conwaau. 
Incorporated,  1847,  Pam.  185. 

Atlanta  and  La  Grange  Railroad  Company. 
Incorporated,  1847,  Pam.  178.     Amended,  1850,  Pam.  238. 

.  Ocmulgee  Railroad  Comp/zny. 
Incorporated,  1847,  Pam.  167.     Amended,  1850,  Pam.  237. 

GatnesvUlc  Railroad  Co/npahy. 
Incorporated,  1847,  Pam.  158. 

Clarkcsville  and  Athens  Railroad,  Compamy. 
Incorporated,  1847,  Pam.  152.. 

Madison  and  Macon  Railroad  Company. 
Incorporated,  1847,  Pam.  173. 


426        INTERNAL  TRANSPORTATION.— S.  &  C.  Co.— 1841. 

—      ■      '  — — — — ■ ^ —    J  i» 

■    Lien  to  Captain,  Pilot,  &c.  for  work  and  provisions. 

Savannah  and  Albany  Railroad  Compayiy. 
Incorporated,    1847,  Pam.  190 ;  authorized  to  use  a  plank  road, 
1850,  Pam.  236. 

Tlie  Eato7iton  Branch  Railroad. 
Incorporated,  1850,  Pam.  240. 

The  Houston  Branch  Railroad  Company. 
Incorporated,  1850,  Pam.  241. 

The  Alabama  a?id  Georgia  Railroad  Company. 
Privileges  granted,  1850,  Pam.  245. 

The  Talbotton  Branch  Railroad  Company. 
Incorporated,  1850,  Pam.  251. 


AKT.  II.     STEAMBOAT  AND  CANAL  COMPANIES. 

1.  General  Laws. 

2.  Private  Companies. 


I.  GENERAL  LAWS. 


Sec.  109.  Lien  on  Boats. 
"     110.  Mode  of  enforcing. 
"     ill.  Defence — Appeal. 
"     112.  Hivers  included. 


Sec.  113.  Extended  to  Savannah. 
"     114.  Steam  Saw-mills. 
"     115.  Mill- Wrights — Gold  machines. 
"     116.  Flint  river. 


An  Act  to  give  to  all  persons  employed  on  Steamboats  and  other  water 
crafts  on  the  CJuittahoochee,  Altojnaha  and  Ocmulgee  rivers  a  lien 
on  said  Steajnboats  or  water  crafty  for  his,  her  or  their  wages,  and 
for  wood,  and  provisions  furnished,  and  to  point  out  and  facilitate 
the  mode  of  the  collection  of  the  same. — Assented  to  Dec.  7,  1841. 
Pam.  167.^ 

Lien  to  Cap-      109.   Sec.  I.     Be  it  enacted,  That  from  and  immediately  after 

&c°on  °^'    the  passage  of  this  Act,  all  persons  employed  either  as  captain,  pilot, 

&c!TncS-'  engineer,  first  or  second  mate,  fireman^   deck-hand,  or  in  any  other 

tain  rivers,    capacity  whatsocver,  on  all  steamboats  and  other  water  craft  engaged 

in  the  navigation  of  the  Chattachoochee,  Altamaha  and   Ocmulgee 

rivers,-^  for  any  debt,  dues,  wages  or  demands,  that  he,  she  or  they 

may  and  shall  have  against  the  owner  or  owners  of  said  steamboat 

or  other  water  craft  for  personal  services  done,  rendered  or  performed 

on  board  the  same,  and  for  wood  and  provisions,   [shall  have]   an 

exclusive   lien^  on    said  steamboat,  or    other   water   craft,   against 

the  owner  or  owners  thereof,  superior  in  dignity  to  and  of  higher 

claim  than  all  other  incumbrances,  no  matter  of  what  nature  or  sort 

*Extendedto  Savannah  and  Flint  rivers,  sees.  113,  116.  Amended  and  extended  to 
all  hens  on  personal  property,  by  Act  of  1847,  see  "Judiciary,"  Art.  "Lien,"  sec. 
328. 

[1.]  This  Act  and  the  amendatory  Act  of  1845  are  constitutional  and  vahd.    5  Ga.  195. 
[2.]  Taking  a  promissory  note  is  not  a  waiver  of  the  lien,    6  Ga.  166. 

LAV  Y 

UNIVERSITY  DF  GEORGIA 


INTERNAL  TRANSPORTATION.— S.  fc  C.  Co  —1841.        427 

Lien  of  certain  debtors — Mode  of  enforcing  it. 

the  same  may  be  ;  Provided,  he  she  or  they  shall  demand  and  prose-  JcutSi'-n'^ia 
cute  the  collection  of  the  same  as  hereinafter  to  be  provided  for,  at  moaihs. 
any  time  within  twelve  moijths  after  the  same  shall  become  due  £ind 
payable.^ 

110.   Sec.  II.     Whenever  any  captain,  pilot,   engineer,   first  or  Mode  of 
second  mate,  fireman,  deckhand,  or  any  other  person  employed  on  '^^^^^''  '^'^' 
any  steamboat  or  other  water  craft  navigating   and  running  on  the 
Chattahoochee  river,  shall  have  any  claim  or  demands  against  the 
owner  or  owners  of  said  steamboat   or  water  craft  for  services  ren- 
dered on  board  the  same,  and  shall  be  desirous  of  collecting  the  same,  Application 
upon  the  said  debt  becoming  due,   and  refusal  to  pay  the  same  upon 
demand  made,  he  she  or  they*  may,  upon  application  to  any  Judge 
of  the  Superior  Court  or  Justice  of  the  Inferior  Court  in  any  County 
in  which  said  steamboat  or  water  craft  may  then  lie,  upon  the  same 
arriving  at  tlie  landing,  port   or  place  of  destination  to  which  the 
same  has  been  freighted,  make   affidavit  before^  him  of  the  amount  Affidavit. 
due  him,  her  or  them  for  any  labor  op  services  by  him,  her  or  them 
done  and  performed  on  board  of  any  steamboat  or  other  water  craft, 
and  specify  the-  name  thereof ;  whereupon  the  said  Judge  or  Justice  order, 
of  the  Inferior  Court  shall  grant  an  order  to  the  Clerks  of  their  re- 
spective Courts,  as  the  case  may  be,  requiring  said  Clerk  to  enter  up 
judgment^  upon  said  affidavit  in  favor  of  said  applicant  for  the  amount 
sworn  to  be  due  ;f  and  it  shall  be  the  duty  of  said  Clerk  to  issue 
instanter  an  execution  therefor  a2:ainst  the   owner  or  owners  of  said  Execution. 
steamboat  or  other  water  craft,  and  also  against  -  said   steamboat  or 
other  water  craft,  to  be  directed  to  the  Sheriff  of  said  County,  w-hose 
duty  it  shall  be  forthwith  to  levy  said   execution  upon  said  steam- ^^®j^y  *"<^ 
boat  or  other  water  craft,  and  advertise  and  sell  the  same,  under  the 
same  rules  and  regulations  as  govern  Sheriffs'  sales  in  other  cases  ; 
Provided,  the  said  demand  shall  exceed  the  sum  of  thirty  dollars.  Mode  of  pr©- 
And  when  said  sum  shall  be  for  thirty  dollars  or  under,  then  and  in  when  under 
that  case  the  application  shall  be  made  to  one  of  the  Justices  of  the  ^^^" 
Peace  in  the  district  in  which  said  steamboat  or  other  water  craft  may 
then  be  as  aforesaid,  the  sa.me  being  at  the  landing,  port  or  place  to 
which  the  same  was  last  freighted  ;  and  the   said  Justice  of  the 
Peace,  upon  the  filing  of  the   said  affidavit,  shall  issue  execution 
thereon  instanter  for  the  amount  sworn  to  be  due  against  said  steam- 
boat or  other  water  craft  and  the  owner  or  owners  thereof,  and  de- 
liver the  same  to  any  lawful  Constable  of  the  district  aforesaid,  whose 
duty  it  shall  be  forthwith  to  levy  said  execution  on  said  steamboat 
or  other  water  craft,  and  return  the  same  to  the  Sheriff  of  the  County 

*If  a  negro  or  free  person  of  color,  see  Act  of  1845,  sec.  116. 
tAnd  costs,  see  Act  of  1847,  *'  Judiciary,"  Art.  "  Lien,"  sec.  330. 

[l.J  The  affidavit  should  aver  a  demand  on  the  owner  or  agent  personally,  should  name 
them,  and  aver  a  refusal  to  pay.  6  Ga.  160.  A  demand  on  said  owners  previously  named 
sufficient.    7  Ga.  5Q. 

[2,]  The  affidavit  should  show  all  facts  necessary  to  show  the  case  to  be  within  the  pro- 
Tisions  of  the  Act.  A  convenient  form  suggested,  1  Kelly,  317.  6  Ga.  159,  7  lb.  5Q.  The 
affidavit  cannot  be  amended  after  judgment  by  substituting  an  entirely  new  one.     6  lb.  160. 

13.]  The  judgment  should  be  against  the  owners  as  well  as  the  boat.    6  Ga.  160. 


428 


INTERNAL  TRANSPORT  AT  [ON, 


iX'   yj  ■ 


/O.- 


ModD  of  ciefeiice — i-ic; 


■41. 


Delence. 


y 

le 


in  which  the  same  may  be,  whose  duty  it  N;nUJ  1 'j  •■        yv.ertie- 
seU  as  ill  other  cases.     •   ' 

111.  Sec.  lil.  Whenever  ixvvj ■  ow;u3/ or  ctne--  :■  son  \ 
control  of  any  steamboat  or  r-tiier  wntc'  cra-t  a;.>!0  rt  whic 
proceedings  may  be  had  under  the  foregoing  provisions  of  th; 
and  maybe  desirous  of  contesting  said  claim  or  demand,  ^ 
ground  that  the  same  or  some  part  thereof  is  not  due  and  o--;.  ;  g, 
he,  she,  or  they  shaU  file  his,  her  or  their  alhdavit,  denying  tbit  i.ie 
whole  or  some  part  thereof  was  due,  at  the  time  the  applicaiii  i  ies 
his  affidavit,  as  provided  for  in  the  second  section  of  this  Act  :  "..it 
v/hen  only  a  ])art  is  denied  on  oath,  the  amount  admitted  to  bo  ;ie 
shall  be  paid  before  the  officer  levying  ScJd  execution  shall  (^el  .er 
up  tlie  property  levied  on  as  hereinafter  specified,  and  that  afior  i;ie 
filing  of  the  affidavit  as  above  required  in  this  section,  and  giving  b-  ud 
and  good  security  residing  in  the  County  where  such  proceedings  ii^iy 
be  had.  to  the  plaintiiTs,  in  double  the  amount  claimed,  condiis.'.-^d 
for  the  [payment  of  tlie]  eventu,al  condemnationmoney,  and  ah  r:  ts 
incurred  thereon  ;  and  whenever  said  affidavit  and  bond  shall  be  f  led 
as  aforesaid,  the  levying  officer  shall  deliver  up  the  property  I  v  id 
Oil,  !.  id  return  the  affidavit  and  bond  to  the  next  Court  iii  said  x'r  a- 
ty  t  w-hic;h:sai'd  execution  may  liave  been  returnable,  upon  \'::  ;.'h 
an  issue  shall  be  mnde  up  and  formed,  and  the  truth  of  the  same  i^h,  11 
be  tried  j^iy  a  Jury  of  said  Courts  respectively  at  the  first  term  of  .s.  id 
Gou.'l.  '.i.iiless  good  cause  be  shov\ai  for  a  continuance  ;  but  the  .s.'.ine 
sliaJi  -  c  ^ntinued  only  for  one  term  by  each  party;  and  from  the 
ve  ■.  .  •■'  idered  in  such  case-"eitho;  party  shall  have  the  po',v(^  or 
pi .  i  ■  enter  an  appeal. 

"•■  :c.  lY.  All 'the  provisions  of  this  Act  shall  apply  t'- -ill 
St.  -  i.'^ut.>  and  water  crafts  navigating  the  Altamaha  and  Gcmul-ee 
riv(jr,  a. id  that  all  persons  who  furnish  lA'-ood  and  provisions  to  ^;dd 
steamboats  or  other  water  craft  shall  have  the  same  remedies  as  is 
hereiiibei'ore  provided.     - 

Si'X.    v^.     All  laws  and  oarts  of  lav/s  militatins;  ao:ainst  this  Act  »  e, 
and  tiii  same  are  hereby  repealed.  ' 


Affidavit. 


Payment  of 
amount  ad- 
mitted to  be 
due. 

Bond. 


Replevy. 


Issue. 


Appeal. 


Extended  to 
Altamaha 
and  Ocmul- 
Uee  rivero. 


An  Act  to  a-mejid  an  Act  entitled  an   Act  to  give   to    all  persons  en- 

■ployed  on  steamboats^  o,nd  other  water  crafts^  on  the  Ckaliah  >o- 
chee^  Altamaha  and  Oc/nulgee'7'ivcrs,  a,  lien  on  said  stca'mh""ts 
or  lihitir  crafts,  for  his,  her  or  their  vjages,  and  jor  wood  oiid 
provisions  famished,  and.  to  point  out  and  facilitate  tJte  mod,/  of 
■lie  co'lction  of  the  same,  assented  to  Dej:cnibcr  lltJt,  1841,  ^:  .is 
to  inclaiJe  SavannaJi  river  within  the  yroiisions  of  tlie  same,  a^nd 
for  other  purposes. — Assented  to  December,  27,  1S42.  P^nii. 
122. 


Extended  to      113,   Sec.   I.      Be  it  eiiacteJ,   That  from_  and   after  the   passnge  of 
^_rtvanad.i     ^|^-g  ^^^^^  ^^^^  abovo, rcclted  Act  be,  and  the  same  shall  be  so  amend- 
ed as  to    include  the  Savannah  river   vvhthin    the  provisions    of  the 
above  recited  Act. 


114.   Sec.  II. 


All  the  provisions  of  this  Act,  of  which  this  Act  is 


INTERNAL  TRANSPORTATiO?^.— S.  &  C.  Ot).— 1842--'45. 

Lieu  on  steam  sawmills — For  services  of  ne2,T0  or  free  person  of  color. 

ail   '  !?  Mielmoiit,  shall  anoly  to  all    steam  saw  mills,  at    or  near  any  of  ^f ^"<^<"^  to 

i  -L    J  I  •!  ill!  steam 

the  v/ater  com'ses  ia  this  State,  m  behalf  of  all  and  every  person  or  &aw  mius, 
persons  who  may  be  employed  by  the  owner  or  owners,  agents  or 
su  HTii.tendeiits,  for  services  rendered,  or  for  timber  or  fire  wood  of 
any  d^-^scription,  provisions  or  supplies  delivered  to  any  such  steam 
saw  mill ;  and  that  the  same  com^se  shall  be  pursued  for  the  recovery 
of  any  such  claim  or  claims,  as  is  stated  in  section  second  or  third,  of 
the  Act  of  which  the  present  Act  is  an  amendment :  Provided,  the 
deniaiid  for  such  claim  be  first  made  to  the  owner  or  owners,  agents 
.  or  airy  person  having  control  of  any  steam  saw  mill,  against  wliieh 
any  proceedings  may  be  had  under  the  provisions  of  the  said  Act. 

II -J.   Sec.  III.     AH  mill-[w]rights,  and  builders  of  gold  machines,  and  miii- 
in  this.  State,  shall  be    entitled  to    the  same  lien,  and   shall    enfoixe  buuficS' o? ^ 
said  lien  in  the  same  way  as  is  provided  by  this  Act  and   the   one  to  fjj|jjj^|^' 
which  it  is  amendatory. 

Si;c.   IV.     All  lavv^s  and  parts  of  lavv^s  militating  against   this  Act 
])e,  ruid  tlie  same  are  hereby  repealed. 


An  Act  to  cnnend  an  Act  passed  i-i  eighteen  kiuidred  and  pirty-onc^ 
to  give  to  all  persons'  employed  on  steamboats  and  other  crafts 
on  the  Chattahoochee^  Altamaha  and  Ocnialgee  rivers^  a  lien  on 
said  steamboats    or  tvater  crafts,  for  his,  her,  or  their  ivages,  and. 

Jor  wood  andv  provisions  furnished,  and  to  point  oat  a.nd  facilitidc 
th.e  mode    of  lite   collerAion    of  the  same,   so  far  as  to  extend    the 

provisions  of  the  same,  and  to  include  PUnt  river  therein. — 
Approved  Dec.  26,  1845.     Pam.  152. 

110.   Sec.   I.     Be  it  enacted,   That  from  and  immediately  after  the  Extenfied  to 
passing  of  this  Act,  that  .all  the   provisions  of  the  above  recited  Act  *'^"^^"^^^- 
be,  and  the  same  are    hereby  extended  to    all  persons   employed  on 
steamboats    and  other  waiter  crafts  on  t'lint   river.      And  ivhcreas,  it 
frequently  happens    that  persons  employed  on  said  steamboats  and 
other  w^ater  crafts  on  said  Chattahoochee,  Altamaha,  Ocmulgee  and 
1^'Iint  rivers,  are  negroes  and  free  persons  of  color  ;  Be  it  therefore 
jnrther  enacted,  that  whenevirf  any  negro  being  a  slave,  or  free  per-por  services 
son  of  color,  shall  be  emiioyed   as   pilot,    engineer,  first  or    second ''^"^"''"'  , 
niat(.\    iireman,    aecK    hand,   or   in   any    otheii  capacitv  ^vhatsccver, '■'?p"^''^<'-^'^ 
on  al!  stoaniboats    and  other  water  crafts    en'jasrcd  in  the  navisrat ion  same  rem©- 
of  said  rivers,  to  wit,  the  Chattahoochee,  Altamaha,   Ocmulgee,  and 
Flint  rivers,  that  then  in  all  sucli  cases;  the  ovvnicr,  master.  a2:ent;,  at- 
torufiy  at  law  or  attorney  in  ffict,  of  said    negro  slave  or  tree  person  of 
color,  sliall  have  the  tike  remedies  for  wages   or  demands  v/hich  he, 
s]ie,or  they  may  and  shall  have  against  the  owner  or  ovv^ners  of  said 
steamboats  or  other  ^vater  crafts,  for  the  services  of  said  negro  slaves 
or  free  persons  of  color,  as  are  given  to  ail  other  persons   whose  em- 
ployments are  recited  in  said  Act. 

8!:c.   If.      [Repealing  clause. j 


dies. 


430 INTERNAL  TRANSPORTATION— S.  &  C.  Co. 

Private  Companies. 


117,    n.     CANAL  AND  STEAMBOAT  COMPANIES. 

The  Stearnhoat  Company  of  Georgia. 
Incorporated,  1817.  Vol.  HI.  510,  (Prince,  296.)  Amended,  1833. 
Pam.  253,  (Prince  297.)  Extended,  1834.  Pam.  134.  (Prince,  299.) 

The  Atlantic  and  New  Orleans  Seahoard  Line  Company, 
Incorporated,  1834,  Pam.  135,  (Prince,  398.) 

The  Iron  Steamboat  Company. 
Incorporated,  1835.     Pam.  271,  (Prince,  350.) 

The  Macon  Steamboat  Company. 
Incorporated,  1835.  Pam.  276,  (Prince,  353.) 

The  Ocmulgee  Steamboat  Com^pany. 
Incorporated,  1835.  Pam.  278,  (Prince,  354.) 

The  Chattahoochee  Steam-heat  Company. 
Incorporated,  1836.  Pam.  254,  (Prince;  377.) 

The  Columbus   Canal  and  Water  Company. 
Incorporated,   1836.  Pam.  141,  (Prince,  411.) 

The  River  Steamboat   Company. 
Incorporated,  1836.  Pam.  256,  (Prince,  379.) 

The  Savannah  &f  Augusta  Steamboat  Company, 
Incorporated,  1836.  Pam.  258,  (Prince,  379.) 

The  Savannah  ^*  Charleston  Steam  Packet  Company. 
Incorporated,  1836.  Pam.  260,  (Prince,  380.) 

The  Savannah,  Ogeechee  and  AUamaha  Canal  Company. 
Incorporated,    1826.  Vol.    IV.    94.     Amended,  1831,  Pam.    200; 
1837,  Pam  214;   1847,  Pam.  141.     Amended,  1850,  Pam.  208. 

^The  PcopWs  Steamboat  Company. 
Incorporated,  1837.  Pam.  253. 

The  Oconee  and  Atlantic  Steamboat  Company.  j 

Incorporated,  1837.  Pam  251. 

The  Fort  Gaijies  Steamboat  Company. 
Incorporated,  1838.  Pam.  234.  "    ' 

The  Georgia  Steam  Packet  Conipo.ny. 
Incorporated,  1838,  Pam.  232. 


INTERNAL  TRANSPORTATION.— T.  &  P.  R.— 1850. 


431 


Private  Companies — Turnpike  and  Plank  lload  Cos.  Incorporated. 


The  Washington  Steamboat  Comj)any, 
Incorporated,  1838.  Pam.  227. 

The  Macon  Iron  Steamboat  Company. 
Incorporated,  1839.  Pam.  81. 


The  Augusta  Canal. 
Incorporated,  1845.  Pam.  138.     Amended,  Dec.  19,  1849.    Pam. 


S^, 


The  Chattahoochee  and  Flint  River  Steamboat  Company.' 
Incorporated,  1845.     Pam.  102. 

The  Flint  River  Steamboat  Company. 
Incorporated,  1845.     Pam.  119. 

The  Neto  York  and  Savannah  Steam  Navigation  Company. 
Incorporated,  1847.     Pam.   131. 

The  Bach  River  Wharf  and  Canal  Cornpany. 
Incorporated,  1850.     Pam.  205. 

The  Macon  Canal  Company. 
Incorporated,  1850.     Pam.  208. 

The  Coosa  River  Steamboat  Company. 
Incorporatedj  1850.     Pam.  258. 

The  Hancock  Steamboat  Co?7ipany. 
Incorporated,  1850.     Pam.  261. 


AUT.   III.    TURNPIKE  AND  PLANK-ROAD  COMPANIES.* 

1.  General  Laws. 

2.  PmvATE  Corporations. 

I.  GENERAL  LAWS. 


Sec 


.  118.  Plank-road  Companies. 

119.  Articles — Notice. 

120.  Record — Order. 

121.  Pirecfcors. 

122.  Cases  of  disagreement. 

123.  Appraiser's  Oath. 


Sec.  12-1-.  Award — Appeal. 

"  125.  Tax        ^^^i<H 

"  126.  Injuries  to  road. 

'<  127.  Toil- gate^— rates. 

"  128.  ToU-bridgcs. 

"  129.  Vested  Rm-lits. 


An  Act  to  authorize  the  incorporation  of  Joint  Slock  Companies  for 
the  construction  of  Macadamized,  Graded,  or  Plank-roads. — Ap- 
proved Feb.  23,  1850.  Pam.  262, 

118.   Sec.  I.     Be   it   enacted,  That    any   number  of  persons  not 
less  than  three,  Avho  by  articles  of  agreement  in  writmg  have  associat- 

*For  injuring  gates,  ^^osts,  &c.  see  Penal  Lav,-s,  sec.  2G5. , 


o  flier. 


432         INTERNAL  TRANSPORTATION.— T.  &  P.  R.— 1850. 

Tarnjiike  and  Plank  lioad  Cos.  incorporated-- Articles  of  association — Kecords,  &c. — Disagreement. 

Any  persons  ed   or  sliall   assoclate   according  to  the  provisions  of  this  Act,  under 
with  ron-^     any  name  assumed  by  them,  for  the  purpose  of  making  a  Macadamiz- 
cH IrlliV^e  6d,  Graded  or  Plank  road,  and  who  shall  comply  with  all  the  provis- 
corporation'^^^^^^  ^^  tliis  Act,  and  first  obtain  the  consent  of  the  Inferior  Court  of 
the  County  in  which  such  road  is  to  be  made,  shall  with  their  suc- 
cessors and  assigns  constitute  a  body  politic  and  corporate  under  the 
name  assumed  by  them,  and  have  power  and  authority  to  make,  con- 
struct and  maintain  such  Maca^daniized,  Graded  or  Plank  roa,d  or  roads 
as  they  shall  be  authorized  to  make  by  the  said  Court,  as  is  herein- 
after prescribed  :  Provided  nevertheless^  this  charter  shall  not  infringe 
upon  the  rights  of  any  charter  tieretofore  granted  by  the  Legislature 
of  Georgia. 
Articles  of         \\^.  Sec.   II.     The  Dorsons  tlius  associa,tinar  sliall,  iu  their  articlcs 
01  assocjation,  aistmctiy  set  lorth  the  kind  Oi  road  winch  they   pro- 
pose to  make,  and  the  commencement  and  the  terminus  thereof,  and 
shall  cause  an  abstract  of  their  said  articles  of  association  to  be  pub- 
lished in  one  or  more  newspapers  printed  in  the  vicinity,  giving  notice 
Notice.        that  application  will  be  made  to  the  Inferior  Court  of  the  County  in 
which  said  road  is  to  be  made,  at  least  four  weeks  before  such  appli- 
cation. 
ih-roYd  and       120.   Sec.  III.     Whenever  ])ersons  thus  associated  shall  make  ap- 
plication to   tlie  Inferior  Court  of  any  County  or  Counties  in  which 
they  propose   to  make  a  road  as  aforesaid,  the  said  Court,  if  in  their 
opinion  tlie  making, of  such  road  v/ill  be  for  the  public  good,  shall 
order  the  said  articles  of  association  to  ])e   recorded  ;  and  such  order 
shall   vest    in   tlie  said  associates,  their  heirs,  successors  and  assigns, 
all  rights,  powers  and  pnvileges  of  a  corporation,  with  authority  to 
PdvUo"'S«     construct   and  maintain   such  road  :  Provided,  that  nothing  therein 

contained  shall  authorize  banking  privileges. 
Directors.  121.   Sec.  IV.     Wiieii  the  associatcs  afoicsaid  sliall  liavc  obtaiiicd 

the  order  of  the  Court  as  aforesaid,  they,  or  a  majority  of  them,  may 
proceed  to  organize  their  company  by  electing  not  less  than  three 
nor  more  than  sev^en  directors,  who  shall  be  charged  with  the  man- 
agement of  the  alfairs  and  business  of  the  company,  and  whose  pow- 
ers and  duties  or  term  of  service  shall  be  prescribed  in  the  articles  of 
association, 
rroceeding  122.  Sec.  Y.  Ill  all  casGS  v/licre  land,  timber  or  other  materials 
di:,agrcem't.  ncccssary  for  the  construction  or  repair  of  said  road  cannot,  for  want 
of  agreement  between  the  parties,  be  purchased  from  the  owner  or 
owners  thereof,  the  same  may  be  taken  at  a  valuation  to  be  made  by 
three  disinterested  persons  to  be  appointed  by  the  Inierior -Court  of 
the  Connty  in  which  tlie  same  may  be,  v/ho  shall  notify  tlic  parties 
of  the  time  and  place  of  making  such  valuation,  by  writing  or  by 
publication  in  some  newspaper  published  in  the  vicinity. 
OM.thofap-  123.  Sec.  Vi.  Before  making  such  valuation,  the  persons  thus 
a])pointed  shall  subscribe  the  following  oath :  "  I,  A  B,  do  solemnly 
swear  that  I  will  render  a  true  verdict  according  to  the  circumstances 
of  tiie'  case  novv'  submitted  to  me.  takin^^  into  consideration  the  bene- 
fits  arising  to  the  owner  or  owners  of  the  property  by  the  construc- 
tion of  the  said  read  iw  \-:<  i-r  hcv  ncighbcu-hocd,  as  well  as  the  dam- 
aue  dojo  I'lereh^/' 


Pm-\-cv.-3  and 
dutie.s. 


praisers. 


INTERNAL  TRANSPORTATION.— T.  &  P.  R.— 1850.         433 

Award,  &c. — Tax — Injuries — Toll  gates — Hates. 

— — — ^ —         ^ 

124.  Sec.  Vll.     The  award  of  the  valuers  aforesaid  shall  be  certi- Award, 
fied  by  them  to  the  Inferior  Court,  and  shall  operate  as  a  judgment 
against  the  parties,  and  may  Ido  enforced  by  the  order  of  said  Court : 
Frovided,   that  either  party  may  have  an  appeal  to  be  tried  at  the  Appeal, 
next  term  of  tha  |kTperior  Court  of  the  County  ;  and  these  proceed- 
ings when  concluded  shall  vest  in  the  company  the  fee  simple,  if  it 

be  land  :   Provided  further,  the  said  company  may  at  any  time  within  Abandonm't 

.  bv  the  Corn- 

twenty  days  after  the  rendition  of  final  judgment,  abandon  the  right  to  pany. 

the  property  condemned,  by  filing  a  notice  to  that  effect  in  the  office 

of  the  Clerk  of  the  said  Court,  in  which  case  the  judgment  shall  be 

void  except  as  to  costs. 

125.  Sec.  VIII.     The  said  road  and  the  appurtenances  thereto  Tax. 
shall  not  be  subject  to  be  taxed  higher  than   one   per  centum  on  its 
net  annual  income. 

126.  Sec  IX.     Any  person  injuring  the   property   of  said  com-  injuries  to 
pany,  or  who  shall  throw  earth,  stones,  trees,  logs,  rubbish,    or  any '^''^'^' '^^* 
other  matter  or. thing  whatsoever,  upon  said  road  or  its  appurtenances, 

or  shall  dig  up  or  in  any  manner  destroy  said  road  or  any  of  its  bridges, 
gates,  houses  or  other  appurtenances  or  appendages  of  the  same,  shall 
be  punished  by  indictment  for  a  misdemeanor,  and  on  conviction  Misdemean 
may  be  fined  and  imprisoned  at  the  discretion  of  the  Court,  and  shall 
also  be  liable  for  three  times  the  amount  of  such  damages  as  may  be 
occasioned  thereby,  to  be  recovered  by  action  at  the  suit  of  said  Com- 
pany, or  of  any  person  aggrieved,  in  any  Court  having  jurisdiction. 

127.  Sec  X.     Said  Company  shall  have   power  to  erect  such  tou  gates, 
number  of  toll-gates  upon  said  road,  and  at  such  places  as  they  may 
judge  best  and  most  convenient  for  the  collection  of  toll,  and  may 
charge  and  collect  such  rates  of  toll  for  the  use  of  their  said  road  as  Rates, 
thay  may  from  time  to  time  fix  and  establish  :  Provided  nevertheless ^ 

such  rates  of  tolls  shall  be  published  in  such  manner  that  the  same 
may  be  known  ;  And  provided  also,  that  the  said  Inferior  Court  may  infr  court 
at  any  and  at  all  times  require  the  said  Company  to  make  an  exhibit  "o?5  pei4t, 
of  the  cost  of  making  and  keeping  the  said  road  in  repair,  and  if  it 
shall  appear  that  the  receipts  from  tolls  have  been  more  than  sufficient 
to  pay  a  dividend  of  fifteen  per  cent,  on  the  cost  of  construction  over 
and  above  the  repairs  of  said  road,  then  the  said  Court  may  reduce 
the  rates  of  toll  so  as  that  the  dividends  shall  not  be  greater  than  fif- 
teen per  cent,  per  annum  on  the  cost  of  construction,  and  over  and 
above  the  repairs  of  said  road  after  the  payment  of  incidental  ex- 
penses :  Provided,  that  said  Court  shall  not  reduce  the  rates  of  toll  Minimum, 
below  the  following  schedule  on  animals  and  articles  as  herein  set 
forth  :  On  neat  cattle,  one  quarter  of  a  cent  per  mile  per  head  ;  on 
hogs,  one-eighth  of  one  cent  per  head  per  mile  ;  on  sheep  and  goats, 
one-sixteenth  of  one  cent  per  head  per  mile  ;  on  loose  horses  one- 
half  cent  per  head  per  mile  :  on  saddle  horses,  one  cent  per  mile  per 
head  ;  on  carts  or  wagons  drawn  by  one  horse,  mule  or  other  animal, 
one  and  a  quarter  cents  each  per  mile  ;  on  road  wagons  drawn  by 
two  animals,  three  cents  per  mile  ;  on  wagons  dravvn  by  a  greater 
number  of  animals  than  two,  one  and  a  half  cents  per  mile  for  each 
additional  animal  •  on  one-horse  private  pleasure  carriages,  tvi^'o  cents 
65 


434 INTERNAL  TRANSPORTATION.— T.  fc  P.  R. 

Toll-bridges — Private  Companies, 

per  mile  ;  on  private  pleasure  carriages  drawn  by  a  greater  number 
of  horses,  two  cents  per  mile  for  each  additional  animal. 
Toubiidges.      ]^28.   Sec.  XL     Said  companies  are  authorized  to  construct  toll-' 
bridges  in  connection  with  said  road  or  roads,  over  water  courses,  and 
charge  such  rates  of  toll  as  may  be  agreed  upon  a0)r  before  the  erec- 
tion of  said  bridge  or  bridges,  with  the  Inferior  Court  of  the  County  '\ 
wherein  the  same  may  be  located. 
niefet vests        129.   Sec.  XII.     The  road  authorized  and  granted  by  this  Act, 
'"  ^^         shall  vest  in  said  Company,  their  heirs  and  assigns,  in  fee-simple. 


2.  PRIVATE  CORPORATIONS. 

The  Auraria  arid  Blue  Ridge   Turnpike    Company^  and   the    Union 

Turnpike  Company. 
Incorporated,  1S34,  Pam.  200.  -(Prince   402.) 

The  Y/estern  Turnpike  Company. 
Incorporated,  1834,  Pam.  204.     (Prince,  322) 

The  ITuhersham  and  Union  Turnpike  Company.^ 
Incorporated,  1840,  Pam.  94.     Amended,  1841,  Pam.  121 :  1847, 
Pam.  295.  •  , 

The  Lookout  Turnpike  Company, 
Incorporated,  1841,  Pam.  107.     Amended,  1843,  Pam.  78  ,•   1847, 
Pam.  295. 

The  Raccoon  Turnpike  Company. 
Incorporated,  1841,  Pam.  107.     Amended,  1843,  Pam.  78 ;   1847, 
Pam.  295. 

The  Union,    ILumpkin    and.  Habersham    Tiiriipike    Company,  and 
Turnpike  over  Kinchejbona  Stvamp. 
Incorporated,  1841,  Pam.  IIL  Amended,  1842,  Pam.  101,-   1847, 
Pam.  295. 

Coitanfs  Turnpike  over  Pine  Mountain. 
Autharized,  1841,  Pam.  184. 

The  Ellijay  Turnpike  Company. 

Incorporated,  1841,  Pam.  115.     Amended,  1843,  Pam.  75;   1847, 
Pam.  295. 

The  Amoye  Calold  Turnpike  Company. 
Incorporated,  1842,  Pam.  10 1.     Amended,  1347.  Pam  295. 

i.  ?  I  'I 

Grimmeifs  Turnpike. 
Authorized,  1843,  Pam.  G3. 

*Foj:  Act  of  184:7j  providing  a  mode  of  collecting  tolls  in  Gilmer,  Union,  liaLun  and 
Lumplda  Counties  ;  see  Pamplilet,  page  29J. 

m 


' 


INTERNAL  TRANSPORTATION.— T.  &  P.  R.  43.> 

Private  Companies. 

The  Ujiioii  and  Lumplin  Turnpike  Company. 
Incorporated,  1843,  Pam.  99.     Amended,  1847,  Pam.  295. 

The  Talking  Rock  Turnpike  Comj)any. 
Incorporated,  1842,  Pam.  109.     Amended,  1847,  Pam.  295. 

The  Tacoah  Turnpike  Road. 
Incorporated,  1842,  Pam.  106;   1843,  Pam.  114.  Amended,  1847, 
Pam.  295. 

The  Rahun  Turnpike  Company. 
Incorporated,  1845,  Pam.  105.     Amended,  1847,  Pam.  295. 

The  Columbus  and  GreeRville  Plank,    and  Turnpike  Road  Com- 
pany. 
The   Columhus  and   Lnmpkin  f^lank,    and  Turnpike  Road    Coin- 

pany. 
The  Sparta  Plaiik^  and  Turnpike  Road  Company. 
Incorporated,  1850,  Pam.  214. 

The  Coopers'^  Gap  Turnpike  Company. 
Incorporated,  1850,  Pam.  218. 

The  DaJdoneo-'a   and  Marietta    Tumvike,  and  Plank  Road  Com- 

pany. 
The  Cmnimng  and  Atlanla  Tarripike^  a?id  Plank  Road  Coin-pany. 
The  Cobb  County  and  Alabama  Piank^  and  Tur-njdke  Road   Cojji- 

The  iVashington  Railroad,  and  Plank  Road  Company. 
I:icorporated,  1850,  Pam.  219. 

1  kc  luiUjay  1  arnpike  (^ampa?iy. 
Incorporated,  1850,  Pam.  223. 

•  The  Griffin  and  West  Point  Plank  Road  Company. 
Incorporated,  1850,  Pam.  22 G. 

The  Northeastern  Plank,  or  Rculroad  Company. 
Incorporated,  1850,  Pam.  233. 

The  Cherokee  Railroad,  or  Plank  Rpad^  Company-^ , 
Incorporated,  1850,  Pam.  236.  -  ""'      ''^'     - 


436 


JOINT  STOCK  CONPANIES.— General  Laws— 1839. 


Encourasrement  to  direct  trade. 


JOINT  STOCK  companies; 

AUT.      I.  GENERAL  LAWS. 

ART.    n,  PRIVATE  CORPORATIONS. 

1.  IXSUIIAXCE  AND  TeUST  COMPANIES. 

2.  Land  and  Lumber.  ♦' 

3.  Manueactuhing  " 

4.  Mining  «« 

5.  Steam  Mill  " 

G.    MiSCELLANEOirS. 

ART.  I.     GENERAL  LAWS.f 


Sec.    1.  Direct  trade. 

2.  Capital,  $250,000. 

3.  Incorporation. 

4.  Cash.  paT^nent. 

5.  Instalments. 

6.  Certificates. 

7.  Attestation. 

8.  Record. 

9.  Individual  liability. 
10.  Temporary  ofEcers. 


Sec,  11.  Dividends. 

"  12.  Officers'  liability. 

"  13.  Provision  for  creditors. 

•'  14.  Limitation. 

"  lo.  Manufacturing  Companies. 

*'  16.  Pov/ers  and  privileges. 

"  17.  Presidents'  oatn. 

"  18.  Corporators'  liability, 

"  19.  Amount  of  debts. 

"  20.  Limitation. 


Any  persons 
may  form  a 
joint  stock 
Conipaji}-  for 
piirpose  of 
direct  trade. 


With  a  capi. 
tal'iiot  less 
tlian  $250,-3 
000. 


How  to  be- 
come a  body 
corporate. 


A?!  Act  to  encourage  a  direct  ex]jort  and  iinport  tradeioitli  foreign  coun- 
tries, and  to  authorize  the  Jormatioii  of  Joint  Stock  Companies, 
for  the  j)urj)ose  of  dealing  in  foreign  and  domtstic  merchandize 
and  ijroduce. — Assented  to  Dec.  20.  1839.     Pam.  54. 

1.  Sec.  I.  Be  it  enacted,  That  from  and  after  the  passage  of 
this  Act,  it  shall  and  may  be  lawful  for  any  iiiimher  of  the  citizens 
of  this  State,  to  form  Joint  Stock  Companies,  for  the  purpose  of  deal- 
ing in  foreign  merchandize,  and  domestic  produce  and  manufactures, 
and  for  importing  frcm  and  exporting  to  any  foreign  State,  or  Coun- 
try, any  part  thereof,  subject  to  the  conditions  and  liabilities  hereinaf- 
ter prescribed. 

2.  Sec  II.  No  Joint  Stock  Compaii}^  shall  be  formed  under  the  pre- 
visions of  this  Act,  whose  capital  shall  be  less  than  two  hundred  and 
fifty  thousand  dollarS;  vvdiicli  shall  be  divided  into  shares  of  one  hun- 
dred dollars  each. 

3.  Sec.  III.  All  persons  who  shall  become  shareholders  in  any 
such  Joint  Stock  Compaii}',  shall  be,  and  they  are  hereby  created 
and  constituted  a  corporation  and  body  politic,  by  such  name  and 
style  as  the  constitution  and  by-laws  of  any  and  every  such  compa- 
ny may  designate  and  appoint,  and  by  such  najiie,  when  established 
and  duly  recorded,  as  hereinctfter  prescribed,  shall  be,  a.nd  they  are 


*For  an  Act  giving  lien  to  certain  persons  employed  in  steam  saw  mills,  sec  "  Inter- 
nal Transportation,"  sec.  11-1.  ■ 

fFor  Act  pointing  out  tbe  mode  of  obtaining  certain  cliarters  from  tlie  Courts,  see 
"Judiciary,"  sec.  283.  Also  sec.  275,  as  to  mode  of  serving  and  judgment  against  stock- 
holders  iudividuaUy. 


JOINT  STOCK  COMPANIES.— General  Laws— 1839.  437 

Manner  of  becoming  incorporated. 

hereby  made  capable  in  law,  to  have,  hold,  purchase,  receive,  pos-  Powers  and 
sess,  eiijoy  and  retain,  to  them  and  then  successors  or  assigns,  lands, 
rents,  tenements  and  hereditaments,  goods,  chattels  and  effects,  of 
whatsoever  kind,  nature  or  quality  the  same  may  be,  and  to  sell, 
grant,  demise,  alien,  or  dispose  of  the  same  ;  to  sue  and  be  sued, 
plead  and  be  impleaded,  ansVirer  and  be  answered,  defend  and  be  de- 
fended in  Courts  of  record,  or  any  other  place  whatsoever;  and  also 
to  make,  use  and  have  a  common  seal,  and  the  same  to  break,  alter 
or  renew  at  their  pleasure  ;  and  also  to  ordain,  and  establish  and  put 
in  execution,  such  constitution  and  by-laws,  rules  and  regulations 
as  they  may  deem  necessary  and  convenient  for  the  government  of 
such  company  ;  Provided,  that  such  by-laws,  rules  and  regulations 
be  not  contrary  to  the  Constitution  and  Laws  of  this  State,  or  of  the 
United  States  ;  And  provided  also,  that  the  real  estate  which  it  shall  Limit  as  to 
be  lawful  for  any  such  company  to  hold,  shall  be  only  such  as  may 
be  necessary  for  their  accommodation,,  in  relation  to  the  convenient 
transaction  of  their  business,  and  such  as  shall  have  been  bo?ia  fide 
mortgaged  to  them  as  security,  or  conveyed  to  them  in  satisfaction  of 
debts  previously  contracted  in  the  course  of  their  dealing,  or  pur- 
chased at  sales  upon  judgments  which  have  been  obtained  for  such 
debts. 

4.  Sec  IY.     '^so    company  formed  under  the  provisions    of  this  Business  not 
Act  shall  commence  business  until  ten  per  centum  of  the  capital  %  lo'^per"".' 
thereof  has  actually  been  paid  in  to  said  company,  in  cash,  by  each '" [j^'^j^'j/J  ^.^^ 
stockholder,  in    proportion  to  the  number  of  shares  he  or  tbey  may  "'-•'oj^erse- 
hold,  and  the  remainder  thereof  secured  for  the  benefit  of  the  cred- 
itors of  such  company,  by  bond  and  mortgage,  upon  real  estate,  to 

the  full  value  of  any  sum  so  not  actually  paid  in,  in  cash. 

5.  Sec.  Y.     The  stockholders^  at  any  meeting  of  such  company,  instalment?, 
or  the  officers  appointed  to  conduct  their  business,  shall  have  power     ^"  ^^"'  * 
to  call  for  a  further  payment  upon  said  stock,  at  any  time,  upon  giv- 
ing sixty  days'  notice  in  the  gazettes  of  the  city  v/here  the  business  ' 

of  said  compan}^  may  be  located. 

6.  Sec.   Yh     Upon  the  formation  of  any  company  under  the  pro- certificate, 
visions  of  this  Act,  the  stockholders  thereof  shall  individually  make       < 
out  by  themselves,  or  by  attorney   in  fact,  a  certificate  which  shall 
contain  : 

1.  The  name,  style  or  firm  of  said  company,  and  the  amount  of 
the  capital  thereof. 

2.  The  names  and  residences  of  all  the  stockholders  in  the  same, 
and  the  amount  of  stock  held  by  each  ;  the  amount  of  cash  actually 
paid  in  by  each,  and  the  amount  secured  by  each  by  mortgage  to  said 
company. 

3.  The  period  at  which  said  company  intend  commencing  business, 
and  the  period  at  which  it  shall  terminate,  and  when  made  by  at- 
torney in  fact,  the  power  of  attorney,  duly  authenticated,  shall  ac- 
company said  certificate. 

7.  Sec.  VII.     The  said  certificates  shall  be  acknowledsred  by  the  Execution 

,  .        .  o  J  jiiid  attesta- 

severai  persons    signing  tiie  same,  or  tneir  attorney  in  fact,  before  aiioa- 
Judge  of  the  Superior  or  Inferior  Court,  Justice  of  the  Peace  or  No- 
tary Public,  who  shall  duly  certify  the  same.  . 


438  JOINT  STOCK  COMPANIES— General  Laws— 1839. 

Power  and  liabilities  of  stockliolders  and  officers. 

Record.  8.   Sec.  YIIl.     The  Certificates  and  poweis  ofattOmey  in  fact.  SO 

acknowledged  and  certified,  together  with  a  copy  of  the  constitution 
of  such  company,  shall  be  filed  in  the  office  of  the  Clerk  of  the  Su- 
perior Court  of  the  county  in  which  the  principal  place  of  business 
of  siich  company  shall  be  situated,  and  shall  also  be  recorded  by  him, 
at  large,  in  a  book  to  be  kept  for  that  purpose,  open  to  public  inspec- 
tion :  and  if  any  such  company  shall  have  places  of  business  in  dif- 
ferent Counties,  a  transcript  of  said  record,  duly  certified  by  the  Clerk 
in  whose  office  it  shall  have  been  filed,  under  his  official  seal,  shall 
be  filed  and  recorded  in  like  manner,  in  the  office  of  the  Clerk  of  the 
Clerk's  fee.  Suporior  Court  in  every  such  County :  and  the  Clerk,  for  each  and 
every  registry  required  by  this  Act,  shall  be  entitled  to  the  sum  of 
five  dollars  :  and  a  certified  copy  of  such  certificate,  powers  of  attor- 
ney and  affidavits,  shall  be  evidence,  in  all  Coin-ts  and  place  whatso- 
ever. 
Liriiniity  of  9.  Sec.  IX.  Each  and  every  stockholder  in  such  company  shall 
be  bound  to  said  company,  and  the  creditors  thereof^  for  the  pay- 
ment of  the  full  amount  of  stock  held  by  him  or  them,  and  that  no 
sale  or  transfer  of  stock  shah  take  place  unless  the  v\4iole  amount 
due  thereon  shall  have  been  bona  fide  paid,  or  be  secured  to  be  paid^ 
in  cash,  to  said  company — affidavit  of  which,  together  with  the  name 
and  residence  of  the  purchaser,  shall  be  made  by  the  principal  officer 
of  said  company,  and  filed  v/ith  the  other  records,  in  the  Clerk's  of- 
fice of  the  Superior  Court  as  aforesaid. 
T^eraporary  iQ.  Sec.  X.  The  Stockholders  of  any  company  formed  by  au- 
thority of  this  Act,  shall  have  power  to  elect  such  temporary  officers 
as  they  may  deem  necessary  for  carrying  the  same  into  eff'ect,  and  to 
regulate  and  stipulate  the  compensation  to  be  paid  to  the  sam^e,  who 
shall  hold  their  several  appointments  until  a  constitution  and  b)Maws 
for  the  government  of  such  company  are  established,  and  regular  ap- 
pointments made  under  the  provisions  thereof. 
Dividends.  11.  Sec.  XI.  Dividends  of  the  profits  of  sucli  compauios  may  be 
rroviso.  semi-annually  declared;  Provided,  that  a  fund  of  ten  per  cent,  over 
and  above  the  capital  actually  paid  in,  shall  be  reserved  by  such  com- 
pany, to  meet  any  unexpected  loss  they  might  sustain,  before  such 
dividend  shall  be  paid. 
Liability  of  12.  Sec.  XII.  Tlic  officcrs  appointed  for  couductiiig  the  busiuess 
of  such  company  shall  be  liable  to  account  to  the  stockholders  for 
their  management  of  said  business,  both  in  Law  and  Equity, 
incaseof  13.  Sec.  XIII.  In  the  event  of  the  failure  or  insolvency  of  any 
lSven<fy,  Ls- such  compauy,  all  the  property,  real,  personal  and  mixed,  and  of 
benlfirof ^^^'^  whatever  kind  and  nature  the  sam.e  may  b,e,  shall  be  innnediately 
crediiors.  assigucd  to  three  or  more  proper  persons,  for  the  benefit  of  the  cred- 
itors of  said  company,  and  the  said  assignees  shall  proceed  to  dispose 
of  the  same,  and  to  pay  the  debts  of  the  said  company ;  and  should 
the  same  be  insufficient  to  discharge  the  debts  and  liabilities  of  such 
company,  then  and  in  that  case,  they  shall  pay  each  creditor  in  lilte  pro- 
portion ;  and  if  there  be  a  surplus,  they  shall  pay  the  same,  in  like 
proportion,  to  the  stockholders  of  such  company  :  Provided,  that  the 
said  assignees,  before  taking  possession  of  said  property,  shall  give 
bond  and  security  to   said   company,    in  an   amount   equal   to  the 


■wt 


JOINT  STOCK  COMPANIES.— General  Laws.— 1847.         439 

IManufacturing  Companies. 

amount  of  property  so  put  into  their  hands,  for  the  faithful  discharge  Bomi. 
of  their  duties  as  assignees — and  the  said  assignees  shall  be  allowedj 
out  of  the  said  proceeds,  a  reasonable   commission  for  their  services. 

14.  Ssc.  XIV.  All  companies  formed  under  and  by  virtue  of  Liiuitaiion. 
this  Act  may  contmue  business  under  the  same,  for  the  term  of  twen- 
ty years  from  the  commecement  of  said  business,  and  no  longer ; 
Provided^  that  nothing  herein  contained  shall  be  so  construed  as  to 
prevent  such  companies  from  using  their  corporate  name  after  the 
expiration  of  the  time  aforesaid,  for  the  purpose  of  settling  up  their 
said  business. 


JL]i  Act  to  authorize  all  the  free  white  Citizens  of  the  State  of  Geor- 
gia, and  such  others  as  they  7naij  associate  with  them,  to  prosecute 
the  business  of  ^lanvfacfuring,  with  corporate  poivers  and  privi- 
leges.^— Approved  Dec.  22,  1847.     Pam.  219. 

15.   Sec.  I.     Be  it  enacted,  That  from   and  after  the  passage  of  Declaration, 
this  Act,  when  an^  number  of  persons  shall  associate  themselves  to- 
gether for  the   purpose  of  manufacturing,  they  shall   draw  up  a  de-  ^, 
claration  specifying  the  objects  of  their  association  and  the  particular 
branch  or  branches  of  business  they  intend  carrying  on,  together 
with  the  name  by  which  they  will  be  known  as  a  corporation,  and 
the  amount  of  capital  to   be  employed  by  them  ;  which  declaration 
shall  be  first  recorded  in  the  Clerk's  ofhce   of  the  Superior  Court  of  Record, 
the  County  where  such  corporation  is  located,  in  the  following  form, 
yiz  : 
Geohgia,           >  To  all  persons  to  whom  these  presents  shall  come,  Form. 

County.  5  Greeting. 

Know  ye,  that  we 

have  associated  ourselves  together  as  a  body  corporate,  for  the  pur- 
pose of  engaging  in  the  business  of 

and  that  we  have  adopted  as  our  corporate  name,  by  vvhich  we  will 
sue  and  be  sued  and  by  which 

v^e  Will  be  known  and  designated,  that  Vv^e  have  subscribed  as  our 
capital  stock  the  sum  of  dollars,  which  will  be  eni- 

,plo;/ed  in  the  business  before  mentioned. 
Signed  in  the  presence  of 

,  J.  P 

Stockholders, 

Recorded  this  "  day  of  184  . 

Clerk.' 
and  shall  be   publislied  once  a  week   for  two  months,  in  the   two  Publication, 
nearest  gazettes,  which  being  done,  said  association  shall  become  a 
body  corporate  and  politic,  and  known  as   such  without  being  spe- 

*For  Act  of  184:3,  authorizing  incorporation  of  various  companies  by  the  Courts  , see 
"  Judiciary,"  sec.  283. 

For  Act  of  1850,  authorizin.']^  incori^oration  of  plank  road  companies,  &c.  see  "  Inter- 
nal Transportation,"  Art.  "  Turnpike  and  Plank  lloads,"  sec.  118, 


'; 


440 


JOINT  STOCK  COMPANIES.— General  Laws— 184^ 


Powers — Duties  and  liabilities  of  such  companies — Limitation. 


Powers  of 
such  corpo- 
ration. 


Oath  of 
President. 


Publication. 


cially  pleaded  in  all  the.  Courts  of  Law  and  Equity  in  this  State,  to 
be  governed  by  the  provisions  and  be  subject  to  the  liabilities  here- 
inafter specified. 

16.  Sec.  II.  Each  and  every  body  corporate  and  politic  created 
under  the  provisions  of  this  Act  may  sue  and  be  sued  in  all  the 
Courts  of  Law  and  Equity  in  this  State  ;  may  have  and  use  a  com- 
mon seal,  make  such  by-laws  and  rules  for  their  regulation  and 
government  as  they  may  ?ee  proper,  not  inconsistent  Avith  the  laws 
of  this  State  or  of  the  United  States,  or  the  Constitution  of  either ; 
and  may  hold  such  real  estate,  water  privileges  and  personal  property 
as  may  be  necessary  for  the  purposes  of  said  incorporations,  or  such 
as  they  may  be  obliged  and  deem  it  for  their  interest  to  take  in  the 
settlement  of  any  debts  due  them,  and  may  dispose  of  the  same  and 
erect  such  buildings,  and  make  such  improvements  thereon  as  may 
be  necessary  for  the  purposes  aforesaid  ;  Provided^  such  buildings 
and  improvements  shall  not  obstruct  the  navigable  rivers  of  this  State, 
or  interfere  with  the  rights  or  privileges  of  any  citizen  or  citizens  of 
the  same. 

17.  Sec.  III.  Before  any  corporation,  created  under  the  pro- 
visions of  this  Act  shall  go  into  operation,  an  oath  or  affirmation 
shall  be  made  before  a  Judge  of  the  Superior  Court,  Justice  of  the 
Inferior  Court,  or  Justice  of  the  Peace,  by  the  president  thereof,  of 
the  amount  of  capital  actually  paid  in  and  employed  by  said  cor- 
poration, which  shall  be  published  in  the  two  nearest  gazettes  once  a 
week  for  one  month,  and  be  recorded  in  the  Clerk's  office  of  the  Su- 
perior Court  of  the  county  where  said  corporation  is  located,  and 
vv^hich  shall  be  repeated  whenever  there  is  an  increase  of  capital 
stock  created,  and  the  same  actually  paid  in :  Provided^  nothing 
shall  be  considered  as  capital  paid  in  but  gold  and  silver  or  the  notes 
of  specie  paying  banks,  or  property  at  its  sworn  valuation. 

18.  Sec.  IV.  The  members  of  each  and  every  corporation  creat- 
ed under  this  Act  shall  be  liable,  jointly  and  severally,  for  all  debts 
and  contracts  made  by  each  and  every  said  incorporation,  if  at  any 
time  it  should  be  made  to  appear  that  the  amount  of  capital  sworn 
to  by  its  president  as  paid  in  and  employed,  was  not  bona  fide,  so 
paid  in  and  employed. 

19.  Sec.  Y.  The  whole  amount  of  debts  Avhich  any  company 
organized  under  this  Act,  shall  at  any  time  owe,  shall  not  exceed  its 
capital  stock  actually  paid  in,  and  in  case  of  any  excess  over  said  capital 
stock,  the  officers  and  agents  by  whom  such  excess  shall  be  created, 
shall  be  jointly  and  severally  liable  to  the  extent  of  such  excess  for 
all  the  debts  of  the  company  then  existing,  and  for  all  that  shall  be 
contracted,  so  long  as  they  shall  respectively  continue  in  office,  and 
until  the  debts  shall  be  reduced  to  the  amount  of  the  capital  stock 
actually  paid  in. 

20.  Sec.  VI.  No  corporation  created  under  the  provisions  of  this 
Act  shall  continue  a  body  corporate  and  politic  longer  than  thirty 
years. 

Sec.  VII.  All  laws  and  parts  of  laws  militating  against  tliJ.v  Act 
be,  and  the  sam^e  are  hereby  repealed. 


liiabilitj'  of 
corjwrations 
if  the  oath  is 
false. 


Limit  as  to 
debts. 


Penalty  vs. 
officers. 


Limitation. 


JOINT  STOCK  COMPANIES— Private  Corporations.  441 

Insurance  and  Trust  Companies — Land  and  Lumber  Coni])anies. 

ART.  n.    PRIVATE  CORPORATIONS. 

21.     I.  IxsujxAXCE  Ai^B  Trust  Companies. 

The  Georgia  Mutual  Insurance. 
Incorporated,  1S22,  Vol.  IV,  194.     (Prince,  3S2.) 

The  Macon  Insurance  Coin-jiany. 
Incorporated,  1830,  Pam.  40.     (Prince,  384.) 

The  Columbus  hisurance  Company. 
Incorporated,  1835,  Pam.  118.     (Prince,  408.) 

The   Georgia  Insurance  and  Trust  Company. 
Incorporated,  1835,  Pam.  120.     (Prince,  408.)     Amended,  1841, 
Pam.  26  ;   1843,  Pam.  20. 

The  Savannah  Insurance  aiid  Trust  Company^  the  Oglctliorpc  In- 
surance and    Trust   Company^  and  the  Western   Insurance  and 


Tr 


usi  Company. 


.  Incorporated,  1836,  Pam.   146.     (Prince,  412.)     Amended,  1837, 
Pam.  154. 

The  Brunswick  Insurance  and  Trust  Company. 

Incorporated,  1838,  Pam.  136. 

The  Muscogee  Insurance  Company. 
Incorporated,  1838,  Pam.  138. 

The  Southern  Mutual  Insurance  Companij. 
Incorporated,  1847,  Pam.  126.     Amended,  1850,  Pam.  207,  265. 

The  SavannaJi  Mutual  Insurance  Company. 
Incorporated,  1847,  Pam.  123. 

The    Coweta  Mutual  Fire   Insjirance    Company,  and   tlic   Alliens 
Mutual  Fire  Insurance  Company. 
Incorporated,  1847,  Pam.  128. 


22.  2.  Land  and  Lumber  Companies. 

The  Lumber  Co?npany  of  Georgia. 
Incorporated,  1837,  Pam,  166. 

The  Jcffersovvillc  Land  Company. 
Incorporated,  1837,  Pam.  144. 

The  Brumicick  Lumber  Company. 
Incorporated,  1837,  Pam.  167. 
56 


442  JOINT  STOCK  COMPANIES— Private  Cop.pohatioxs. 

Land  and  Lumber  Companies — Manufacturing  Companies. 

Tkc  Georgia  Lumber  Comjiainj, 
Incorporated,  1834.     Amended,  1838,  Pam.  145. 

The  Bohoy  Steam  Mills  and  Ltmiher  Company., 
Incorporated,  1838,  Pam.  231. 

The  West  Point  Company. 
Incorporated,  1838,  Pam.  124. 


23.     3.  Manufacturing  Companies. 

The  DcKalh  Manufacturing  Company. 
Incorporated,  1832,  Pam.  82,  (Prince,.  385.) 

-  ^_  The  Richmond  Manvfacturing  Company. 

Incorporated,  1832,  Pam.  96,  (Prince,  392.) 

NeiD  Providence  Factory. 
Incorporated,  1833,  Pam.  104,  (Prince,  395.) 

The  Franklin  Fad  or  y,  and  the   Camak,  now  Princeton,  Factory. 
Incorporated,  1833,  Pam.  106.    Amended,  1834,  Pam.  140,  (Prince, 
396,  397.) 

The  Richmo7id  Factory. 
Incorporated,   1834,  Pam.    139,  (Prince,  399.)     Amended,  1847, 
Pam.  221. 

The  Skull  Shoal  Manufacturing  Company. 
.  Incorporated,  1834,  Pam.  141,  (Prince,  400.) 

The  Eaionton  Manufacttiri7tg  Company. 
Incorporated,  1835,  Pam.  127,  (Prince,  404.) 

The  Flat  Shoal  Creek  Manufacturing  Company. 
Incorporated,  1836,  Pam.  141,  (Prince,  410.) 

The  Cedar  Shoals  Manufacturing  Company.. 
Incorporated,  1837,  Pam.  131.     Amended,  1839,  Pam.  95. 

The  Hahershani  Iron  Works  and  Manufacturing  Company. 
.     Incorporated,  1837,  Pam.  134.     Amended,  1837,  Pam.  119  ;   1840, 
Pam.  104. 

The  Georg;ia.  Marble  Company. 
Incorporated,  1837,  Pam.  l26. 

The  Savannah  Foundry  and  Steam  Emgine  Factory  Association. 
Incorporated,  1837,  Pam.  129. 


.ji 


JOINT  STOCK  COMPANIES.— Private  Corporations.  41 


o 


Manufacturmg  Companies. 


The  Georgia  Manufaclur'uig  Company. 
Incorporateedj  1839,  Pam.  112. 

The  Roswell  Manvfacturing  Company. 
Incorporated,  1839,  Pam.  116. 

The  Georgia  Iron  Manvfacturmg  Company. 
Incorporated,  1839,  Pam.  119. 

The  Angnsta  Sugar  Manufacturing  Company. 
Incorporated,  1839,  Pam.  113. 

The  Georgia  Silk  Manufacturing  Company. 
Incorporated,  1839,  Pam.  92. 

The  Floyd  County  Manvfacturirig  Company. 
Incorporated,  1839,  Pam.  77. 

The  Cass  County  Iron  Mamffaciuring  Company. 
Incorporated,  1839,  Pam.  121. 

The  Neligh  ManufactiLring  Company. 
Incorporated,  1839,  Pam.  117. 

The  Chest atee  Manufacturing  Company. 
Incorporated,  1839,  Pam.  87. 

The  Irwin  Factory  Company  and  the  Lumpkin  County  Manufactur- 
ing Co7npa7iy. 
Incorporated,  184Q,  Pam.  91. 

The  Dahlonega  Tanning  and  licailier  Manufacturing  Company. 
Incorporated,  1841,  Pam.  119. 

The  Waymansville  Manufacturing  Company. 
Incorporated,  1842,  Pam.  91. 

The  Thomaston  Mamffactiiring  Company. 
Incorporated,  1842,  Pam.  93. 

The  Walker  Coimty  Marble  Company. 
Incorporated,  1842,  Pam.  110. 

The  Augusta  Manufacturing  Company^  the  Richmond  Manufactur- 
ing Company.,  and  the  Georgia  Manufacturing  Company. 
Incorporated,  1845,  Pam.  121. 

The  Mulberry  Grove  Manufacturing  Company. 
Incorporated,  1850,  Pam.  253.     . 


444  JOINT  STOCK  COMPANIES.— Private  Corporations. 

Manufacturing  Coinpanies — Milling  Companies — Steam  Mill  Companies. 

The  Boiveiiville  Manitfacturing  Company. 
Inc.'irporatedj  ISoO,  Pam.  253. 

The  McBean  Comj^any. 
Incorporated,  1850,  Pam.  254. 

The  Sioeetwater  Manufacturing  Comjiany. 
Incorporated,  1850,  Pam.  256. 

Marietta  Manufacturing  Comjiany. 
Incorporated,  1850,  Pam.  257. 


24,     4.  Mixing  Companies. 

The  Augusta  Mining  Coinpany^  the  Habersham  Mining  Comjjary^ 
and  the  Nacoochee  Mining  Company. 
Incorporated,  1832,  Pam.  88.  (Prince,  388.) 

The  Pigeon  Roost  Mining  Company  and  the  Belfast  Mining  Com- 
pany. 
Incorporated,  1834,  Pam.  143,  (Prince,  401.) 

The  Georgia^  the   Chestatee^  and  the   Cherokee  Mining  Companies. 
Incorporated,  1835.  Pam.  138,  (Prince,  405.) 

The  LumpJdn  County  Mining  and  Mamfacturing  Company. 
Incorporated,  1837,  Pam.  130. 


2-5.     5.  Stea3i  Mill  Companies.* 

The  Darlen  Eastern  Steam   SaiD  Mill  Company. 
Incorporated,  1820,  Yol.  lY.  187,  (Prince,  382.) 

The  Hancock  Steam  Saiv  Mill  Company. 
Incorporated,  1838.  Pam.  230. 

The  Satilla  Steam  Saw  Mill  Company. 
Incorporated,  1838,  Pam.  228. 

The  Phoinix  Steam  Mill  Company  of  Savannah. 
Incorporated,  1839,  Pam.  123. 


26.     6.  Miscellaneous. 

The  Central  and  Western  TVhajf  Company  in  Augusta, 
Incorporated,  1835,  Pam.  132,  (Prince,  406.) 

*For  Act  giving  lien  to  persons  employed  in  steam  saw  mills,  in  certain  cases,  see 
**Internal  Transportation,"  sec.  115. 


JOINT  STOCK  COMPANIES.— Private  Corporations.  41, 

Miscellaneous. 

The  CGlumhus  Wharf  Company. 
Incorporated,  1835,  Pam.  133,  (Prince,  406.) 

The  Augusta  Warehouse  Company. 
Incorporated,  1842,  Pam.  110. 

The  Savannah  River  Embankmviit  Company, 
Incorporated,  1837,  Pam.  142. 

The  Jackson  Street  Ice  Company. 
Incorporated,  1837,  Pam.  138. 

The  Savannah  Theatre  Coinpany. 
Incorporated,  1838,  Pam.  246. 

The  Savannah  Institution  for  Savings. 
Incorporated,  1843,  Pam.  111. 

The  Colum^bus  Water  Lot  Company. 
Incorporated,  1845,  Pam.  123. 

The  Georgia  Exporting  Company. 
Incorporated,  1850,  Pam.  172. 

The  Savannah  Gas  Light  Company  and  the  Augusta  Gas  Light 

Company. 
.  Incorporated,  1850,  Pam.  194. 

The  Hydraulic  Company  of  Savannah. 
Incorporated,  1850,  Pam.  197. 

The  Floating  Dry  Dock  Company  of  Savannah. 
Incorporated,  1850,  Pam.  200. 

The  Augusta  Machine  Works. 
Incorporated,  1850,  Pam.  201. 

The  Dalton  City  Company. 
Incorporated,  1850,  Pam.  204. 


44G 


•  JUDICIARY. 


Analysis. 


A.  COURTS 

B.  COURTS 


JUDICIAEY.* 

OF  GENERAL  JURISDICTION. 
OF  SPECIAL  JURISDICTION. 


COURTS  OF  GENERAL  JTJRISDICTIOX. 

I.  SUPREME  COURT  FOR  CORRECTION  OF  ERRORS. 
II.  SUPERIOR  AND  INFERIOR  COURTS. 


I.    COURTS  OF  GENERAL  JURISDICTION. 

I.    SUPREME    COURT    FOR    THE    CORRECTION    OF    ERRORS. f 


Sec.  1.  Organization. 

2.  Sessions. 

3.  Absence  of  Judges. 

4.  Mode  of  appealing  to  tliis  Court. 

5.  Decision  and  damages. 

6.  Mandamus. 

7.  Sheriff  must  attend. 

8.  Salary  of  Judges. 

9.  Clerk,  duties — Records. 

10.  Seciu'itv  pendente  lite. 

11.  Fees  of  Clerk. 

12.  Reporter — Salary — duties. 

13.  Clerk's  and  Fteporter's  Oath.. 

14.  Rules  of  Practice — Seal. 

15.  Neglect  of  Plaintiff  in  Error. 
lo.  Attorney  and  Solicitor  Gen'ls.  duty. 
17.  Aihdavit  of  Poverty,  and  Non-resi- 
dents. 

I'i.  T'nnecessary  Parties. 
19.  2>ecessary  Parties. 


Sec. 

20 

21 

22 

23 

24, 

25. 

23. 

27. 

28. 

29. 

30. 

31. 

32. 

33. 

34. 

35. 

Reporter  may  practise. 

Assistant  Rej)orter. 

Bills  of  Exceptions  tendered  in  30 

days. 
Record  of  Transcripts. 
Payment  of  Cost  in  30  days. 
Recording  opinions. 
Seals — no  fee. 
Copy  Bill  of  Exceptions. 
Remittiter. 
No  Service — no  fee. 
Amendment. 
Amendment. 
Copy  Bui  of  Exceptions. 
Report  of  Arguments. 
Sessions. 
Attorney  and   Solicitor   General's 

fees. 
How  paid. 


*  See  title  "Affirmation,"  for  form. 

Sec  title  "  Attachmeiit  and  Garnishment,"  for  Acts  in  relation  to  garnisliments  gene- 
rally. 

See  title  "  Conveyances,"  &C.  for  Acts  in  relation  to  Assignments  in  fraud  of  creditors, 
sec.  22. 

Commissioners  to  attest  deeds.  Sec.  sec.  33. 

Consul's  attestation,  sec.  52. 

Estates  Tail,  sec.  20. 

Gifts  of  slaves,  sec.  47. 

Specialties  and  Powers  of  Attorney  from  other  States,  sec.  13. 

Marriage  Contracts,  record  of,  sec.  62. 

See  title,  "  Evidence,"  for  Act  in  relation  to  Contracts  under  seal,  sec.  20. 

See  "Executors,  Administrators,  &c."   for  Acts  in  relation  to  Courts    of    Ordinary, 
sec.  1.    • 

Idiots,  Lunatics,  &e.  sec.  174. 

Poor  Laws,  sec.  191. 

Livestment  of  funds  in  litigation,  sec.  143. 

Real  estate  of  wife,  vesting  in  husband,  sec.  59. 
'Execution  of  title,  vendor  or  veiide  3  dying",  sees-  83,  84. 

See  "  Tavern  and  RctairLicenses,"  for  Acts  referring  thereto. 

See  "  Slaves  and  Free  Persons  of  Color,"  tor  Acts  in  relation  thereto. 

See  "  Penal  Laws,"  for  ii.cts  in  relation  to     "  Contracts  with  Colored  Mechanics," 
sec.  289. 

"  Protection  of  Private  Burying  Grounds,"  sec.  359. 

fFor  Act  making  it  ground  of  error  for  presiding  Judge  to  express  his  opinion  on  the 
facts,  see  "  Supc-xior  and  Inferior  CoutlS,"  Art.  "Judges,  Sessions,  S;c."  see.  47. 


JUDICIARY.— Supreme  Coukt— 1845.  44' 

Analysis — Organization. 


An  Act  to  carry  into  effect  that  iiart  of  the  first  section  of  the  third 
Article  of  the  Constitution^  ivhich  requires  the  estcthlishmcnt  of  a 
Supreme  Court  for  the  Correction  of  Errors  ;  and  to  organize  the 
same,  and  to  regulate  the  proceedings  thereof. — Approved  Dec. 
10,  1845.     Pam.  18. 

1.   Sec.  I.     Be  it  enacted^  That  in  pursuance  of  the  first  section  supromo  ct 
of  the  third  article  of  the  Constitution,  there  shall  be,  and  it  is  here-  ^'consist  of 
by  established,  a  Court  for  the  Correction  of  Errors,  to  be  called  the  ^^'"^^"^  Judges 
Supreme  Court  of  the  State  of  Georgia ;  the  said  Court  shall  consist  Election, 
of  three  Judges,  who  shall  be  elected  at  the  present  session  of  the 
General  Assembly  ;  one,  for  the  term  of  six  years  ;  one  for  the  term 
of  four  years  ;  and  one  for  the  term  of  two  years,  during  which  terms 
they  shall  respectively  hold  their  offices,  unless  sooner  removed,  in 
the  manner  pointed  out  by  the    Constitution.     No  person   shall  be  <^'ia!ifica^ 
eligible  to  the  office  of  Judge,  unless  he  shall  have  been  duly  admit- 
ted  and   licensed   to    plead   and  practise  in  the  Courts  of  Law  and 
Equity  m.  this   State  ten  years,  at  least,  prior  to  his  election.     The 
Governor  shall,  within  twenty  days  after  the  election  of  said  Judges,  commission, 
commission  them  respectively  for  the  terms  for  which  they  shall  have 
been  elected.     In  case  of  the  death,  resignation,  or  removal  frcm  of-  vacancy, 
fice  of  any  of  said  Judges,  the  Governor  shall  appoint   and  commis-'^"^^'^^'^^'^" 
sion  some  fit  and  proper  person  to  fill  such  vacancy,  until  tlie  meet- 
ing of  the  General  Assembly  next  after  such  vacancy,   when   the 
General  Assembly  shall  fill  the  same.     And  if  any  such  vacancy  oc- 
car  during  a  session  of  the  General  Assembly,  the  sam.e  shall  be  filled 
at  such  session.     Every  Judge  of  said  Court  who   shall  be  elect- 
ed  after  the  present  session   of  the    General    Assembly,    (except 
where   he  is  elected  to  fill  a  vacancy,)  shallhokl  his  office  for  and  Tmn  of  of- 
during  the  term  of  six  years,  and  shall  be  commissioned  accordingly  ^''^^"'^^'^''^* 
by  the  Governor. 

2.   Sec.  II.     The  said  Supreme  Court  shall  be  holden  at  the  times -^.^fi-ns, 

and  places  following,  to   wit:  On   tlie  second  Monday  in  Jainiarywiicrlfo'le 
and  third  Monday  in  June,  in  each  year,  for  the  first  District,  to  be  '^^'* 


composed  of  the  Eastern  and  Southern  Judicial  Circuits,  alternately 
at  Savannah  and  Hawkinsville.  On  the  fourth  Mondays  in  January 
and  July  in  each  year,  for  the  second:  District,  to  be  compcsed  of  the 
South  Western  and  Chattahoochee  Circuits,  alternately  at  Talbotton 
and  Americus.  On  the  second  Monday  in  Febrnary  and  August  in 
each  year,  for  the  third  District,  to  be  composed  of  the  Coweta  and 
Flint  Judicial  Circuits,  alternately  at  Macon  and  Decatur.  On  \\\q 
fourth  Mondays  in  March  and  September  in  each  ycar,"^'^  for  the  fourth 
District,  to  be  composed  of  the  Western  and  Cherokee  Circuits,  al- 
ternately at  Cassville  and  Gainesville.  On  the  first  Mondays  in  May 
and  November  in  each  year,  for  the  fifth  District,  to  be  composed  of 
the  Middle,  Northern  and  Ocmulgee  Judicial  Circuits,  at  the  city  of 
Miliedgeville. 

*Tliird  Mondays  in  April  and  October,  by  Act  of  1850,  sec.  3-i. 


448  JUDICIARY.— Supreme  Court— 1845. 

Judges — Sessions. 

In  the  ab-        3    gj,^.    m      n  gj^all  be  the  duty  of  all  the  Juds^es  of  said  Court 

senceof  one  r  •  i    rn  i  •  n  r 

Judge,  two  to  attend  at  each  term  of  said  Court;  but  if  from,  providential  cause, 
Court.  any  one  of  said  Judges  cannot  attend  a  Court,  such  Court  may  be 
If  only  one  holdcn  by  two  Judofcs.  If  only  one  Judge  shall  attend  a  Court,  it 
Court  Vhaii  shall  be  his  duty  to  open  the  Court,  and  to  adjourn  it  to  a  day  not 
be  adjourn-  ^^^^.^  ^.j^^j^  ^^^  ^g^^g  bcyoud  the  regular  term,  at  which  time,  if  two 

Judges  do  not  attend,  the    Court,  shall    in  that  case  be    adjourned  to 
the  next  regular  term. 
All  causes        j^    gpj.^  jy^     The  Supreme   Court   shall  hear  and   determine,  at 

plial)  be  de-  /»  /^  n  i  •         x  ' 

terinined  tit  tlic  first  term  of  cach    Court,  all  such  cases  m    Law   and  Equity,  as 
term.'"        may  be  brought  from  any  of  the  Superior  Courts  of  this  State  with- 
in the  District   as  created  by  this  Act  for  which  said  Supreme  Court 
is  holden.     All  causes  of  a  criminal  or  civil  nature^  may,  for  alleged 
error  in  any  decision,  sentence,  judgment,  or  decree,  of  any  such  Su- 
Aii  causes  in  perior  Court,  be  carried  up  from  the  Counties  in  the  respective  dis- 
court"iGay"'^  tricts  aforcsaid,  to  the  Judges. of  the  Supreme  Court,  at  the  respective . 
be  earned  up  ^g^j^g  thcrcof,  for  such  District,  to  be  by    the  said  Supreme  Court  re- 
crimmai      viscd  and  determined.     Any  criminal    cause  may    be  carried  up  to 
bm  oTexcep-  the  Supreme  Court  on  a  bill   of  exceptions,    in   writing,   specifying 
edwS  30  the  error  or  errors  of  lav/  complained  of,  to  be  drawn  up  by  the  par- 
fdjwnmcnt^yj  ^^^  couuscl  or  attoriicy,  witliiii   four*  days  after  the  trial  of  the 
of  the  Court,  causc  in  which  the  decision  or  sentence  has   been  had,  and  be  sub- 
mitted to  the  Judge  of  the  Superior  Court  before  whom  such  crim- 
inal cause  may  have  been  tried,  to  be  by   him    certified  and  signed. 
Civil  causes  Ally  caitsc  of  a  civil  nature,   either   on  the    Law  or  Equity  side  of 
ncr!^^™'^"  the  Superior'  Court,  may  in  like  manner,  be  carried  to  the    Supreme 
Eiiiof  excep-  Court,  Oil  a  bilP  of  exceptions,    specifying  the  error    or  errors"  coni- 
cmffic^d  ^    plained  of  in  any  decision  or  judgment,  to  be  drawn  up   by  the  par- 
S,andhfnoty  Complaining  thereof,  his  counsel,  solicitor  or  attorney,  v/ithin  the 
thrfactl^be  t^i^G  aforesaid*  and  submitted  to  the  Judge  before  v/hom  the   cause 
contrnverted n;^^y  liavo  becu  heard,  to  be  by  him  certified  and  signed;'*  but  in  no 
prenie  Court,  case  sliall  the  facts  be  controverted    in  the  Supreme    Court  so  as  to 
require  attendance  of  any  v/itness  or  witnesses,  under  any  pretence 

*30  days  after  adjournBient  of  Court,  by  Act  of  1847  ;  sees.  22,  24. 

[1.]  A  "writ  of  error  will  not  lie  for  errors  upon  trial  before  a  petit  Jury,  when  an  appeal  is 
entered  and  is  pending.    2  Kelly,  337. 

It  %Yill  lie  to  decisions  lying  m  discretion  of  the  Court,  but.  that  discretion  \n\\  be  control- 
led only  whO;n  manifestly  abused.  2  Kelly,  373,  217,  341 ;  3  Ih.  117, 121,  185,  310.  4  Ga.  11-5, 
193;  5/5.49, 

The  writ  will  lie  to  a  decision  at  chambers,  1  Kelly,  6.  It  will  not  lie  where  party  volunta- 
rily dismisses  liis  case.  7  Ga.  79   227. 

[2.]  Some  general  rules  as  to  bills.of  exceptions,  o  Kelly,  210,  213.    7  Ga.  253. 

(3.)  Err c^s  must  be  plainly  specified,  1  Kelly,  1.     Q>  Ga.  227. 

(4.)  If  the  certificate  is  without  date,  and  the  notice  is  served  within  the  time,  the  Cour 
will  presume  the  certificate  was  within  the  time  required,   1  Kelly,  1.     Otherwise  if  there  is 
:  nothing  in  the  record  from  which  to   draw  the.  inference,  6   Ga.     A  portion  of  the  records 
shows  the  contrary,  2  Kelly,  282. 

A  v^Tit  of  error  does  not  lie  in  favor  of  D.n'a7mciis  curia;,  1  Kelly,  435. 

It  lies  in  favor  of  judgment  creditors,  on  a  motion,  to  distribute  inoncy,  7  Ga.  57.  After 
sererancs  either  party  may  sue  out  writ,  7  Grc.  110. 

A.  writ  docs  not  lie  for  the  State  in  a  criminal  case,  7'  Ga.  422. 


JUDICIARY.— Supreme  Court— 1845.      449 

Supersedeas — Bond — Notice — Transcrixot. 

whatever.     Said    Supreme  Court    shall   hear   and   determine   upon 
matters  contamed  in  the   transcript  of  the    record  of  the    cause,  and 
not  otherwise.     Unon  exhibition    of  any  such  bill    of  exceptions  top^^yoftiie 
the  Judge  of  the  Superior  Court,  it  shall  be  his  duty,    if  such  bill  of  Sup?coum. 
exceptions  be  true   and   consistent  with  what  has   transpired  in  the 
cause  before  him,  to  certify  and  sign  the  same.     Such  bill  of  excep- 
tions   shall   operate    as    a  supersedeas   to    the  judgment,    sentence,  wiipn a. <?m- 
execution,  or  decree  of  the  Court  below,  in  all  cases  where  bond  may  ^"'''^'^^''''"* 
be  given,  or  affidavit  iiied,  as  hereinafter  provided.     If  in  civil  cases, 
either  in  Law   or  Equity,  the  party  complaining  of  error  shall,  with- ^^"^J'^'J^^j^J^ 
in  four  days*  after  the  term  at  which  the  exceptions  were  taken,  pay  giv.ngbond. 
all  costs  which  may  have  accrued,  and  either  personally,  or   by  his 
agent,  solicitor,  or  attorney  in  fact,   or  at  law,  give  bond^  with  secu- ^J*"^'.^'''^  ""f 
rity  to  be  approved  of  by    the  Clerk  of  the  Superior  Court,  and  con- ii causes. 
ditioned  to  pay  the  eventual    condemnation   money,  and   all  subse- 
quent costs  ;  and  if  in  a  criminal  case,  where  the  offence  is  by  law 
bailable,  the  party  complaining  of  error  shall  enter  into  recognizance 
with  security  to  be  in  like  manner  approved,  conditioned  for  the  ap-  ^"  criminal 

Cciuscs    it 

pearance  in  person  of  such  party  complaining,  to  abide  the  final  or- ^laiiabie.    , 
der,  judgment,  or  sentence  of  said  Court ;  and    if  the  offence   be  not  ^j""^^^^^*- 
bailable,  or  if  the  party  be  sentenced   to  imprisonment  in  the  Peni- 
tentiary, and  be  unable  to  give  security  as  required,  the  Judge  of  the 
Superior  Court  may  order  a  supersedeas  at  the  time  of  certifying;  a'ld 
signing  the    bill    of  exceptions.     Wiien  such  bill  of  exceptions^  shall 
have  been  signed   and  certified  by  the  Judge  of  the  Superior  Court, 
and  such  bond  with  security  shall  have  been  given,  or  recognizance 
with  security  entered  into,  and  costs  paid,    notice  of  the   signing  of  ^vihrr"ct'''^ 
such  bill  of  exceptions  shall  be  2;iven,  if  in  a  criminal  cause,  to  the  At-  "^^"^  ^'^'!  ''^' 

a     T     ■  r-i  ^  i    •  •     -i  •       i  exceptions 

torney  or  Solicitor  Ueneral,  and  m  civil  causes  m  Law  or  Equity,  to  v>'ithin  tea 
the  adverse  party,  or  his  counsel,  within  ten  days  after  the  same  ^^'" 
shall  have  been  done,  and  shall  be    filed    in  the  Clerks'  office  where '^^'^^'^"  ^''^'^ 

.  in  t'le  Cl'k's 

such  bond  or  recognizance  has  been   given,  immediately  thereafter,  oitice,  dnty 
and  on  a  copy  of  such  notice    being  served  by  a  Sheriff,  Constable  ioscninp  a 
or  xittorney   of  the  Superior   Court^  and  filed    in  the    Clerks'  office  Sc^pt  of 
with  the  bill  of  exceptions,  it  shall  be  the  duty  of  the  Clerk   of  the  ^^^^'T<^'>'^'i 

r<  •  r-*  11  ■  r  i  Vilthlll  ten 

Superior  Court  below  to  certL^y  and  send  up  to    the  Supreme  Court  <i^^- 
a  complete  transcript  of  the  entire  record    of  the  cause   belov/'^  duly 
certified  under  his  hand  and  seal    of  office,    and  also  the  bill  of  ex- 

*30  days  after  adjoiirnmcnt  of  Court,  by  Act  of  1847,  sees.  22,  24. 

(1.)  The  giTing  bond  and  paying  costs,  is  ojjtional,  and  negessary  only  to  obtain  a  superse- 
deas, 1  Kelly,  1.  6  Ga,  537. 

f2.J  If  datedbefore  the  trial,  and  nothing  to  amend  by,  the  writ  will  be  dismissed,  6  Ga.  43. 

It  must  appear  to  have  heenjlled  in  the  Clerk's  office,  6  Ga.  491. 

[.3.]  Failing  to  give  and  file  the  notice,  the  writ  will  be  dismissed,  2  Kdli/,  262 ;  5  Ga.  532; 
4  U.  52')  ;  6  h.  43,  317,  380,  452 ;  7  lb.  59,  181. 

The  notice  must  be  signed  by  the  party  or  his  counsel,  6  Oa.  4-56. 

The  plaintiff  himself  cannot  serve  the  notice,  7  Cla.  421. 

[4.J  So  much  of  the  record  only  will  be  required  as  is  necessary  to  the  determination  of 
the  questions  made,  2  Kelhj,  406.     7  Ga.  25S,  354,  529. 

If  transcript  is  not  sent  up  within  lie  time,  the  writ  will  be  dismissed,  6  Ga.  264,  317,  389. 
If  the  Clerk  certifies  he  s^nt  up  the  original  notice,  a  copy  mav  be  established  7  Ga   ""SI 

57  .      .  ,       .     . 


cause. 


«-;i.-;erf  of  al- 
lirniance. 


450 JUDICIARY.— Supreme  Court— 1845. 

Decision — Damages — Certificate — Mandamus — She^ifFs  duties. 

ceptions,*  within  ten  days  after  he  shall  have  received  the  original 
notice,  with  the  return  of  service  thereon. 
AUcanseg        5.  Sec.  Y.     The  Supreme  Court  shall  proceed  at  the   first  term, 
atthefir=5t    (uulcss    prevented  by    providential  cause, )^    to  hear  and  determine 
iVornprovP  cach  aud    every  cause  which  may  in  manner  aforesaid,  be    sent  up 
dentiai        fi'om  tho  Court  beiov/,  upon  the  record  and  bill  of  exceptions,  on  the 
ground  therein  specified,  and  on  no  other  grounds.     Upon  the  decis- 
ion of  said  Supreme  Court  on  matters  of  Law,  or  principles  of  Equi- 
incase  of    ty,  wliicli  may  arise  in  the  bill  of  exceptions,  (which  decisions  shall 
ridions'to  be  always  be  in  Vv^riting,  and  be  delivered    by   the  Judges   of  the    said 
rfaSn!^^^ Court  scriatwi,  exce-pt  in   cases  where    they    are  unanimous,)    the 
Court  shall  cause  to   be   certified  to  the  Court  below,  such  decision, 
and  award  such  order  and  direction  in  the  premises  as   may  be  con- 
Dccision  to  sistent  Y/ith  the  law  and  justice  of  the  case  :  which    decision,   so 
t..the(iourt  rendered  and  ordered,  and  direction  so  awarded,    shall  be   respected 
uilVs  ve-     and  carried  into  full  effect  by  the  Court  beloY\A.     If  the  decision  and 
y]*8cted.      judgment  of  the  Court  belov/  be  for  any  sum  certain,  and  be  affirm- 
ed in  the  Supreme  Court,  the  plaintiff  may  in  the  Superior  Court  en- 
cKuil^^eYin  tcr  jadgmcut  against  the  defendant  and  his  securities  for  the  amount 
of  principal,    interest,  and  costs,    as  shall  have    been    confessed  or 
found  by  a  Jury,  and  ten  per  cent,  damages  on  the  principal  sum,  and 
have  execution  immediately  after  the  decision  of  the  Supreme  Court, 
!?th?jud^'-  ^^  certified  as  aforesaid.^     Provided,  that  if  any  one  or  more  of  the 
fs  certifies"  Judc>-es  of  tlic  SuDrcnie  Court  shall  certify  that   in  his  or  their  opin- 

the  cause  .^  ^  ^  .  •■- 

was  not  car-  iou  such  causc    v\ras  not  taken  up  for   delay  only,  then  and  in    such 

deiay.^'  ^^    case,  the  damages    shall  net  be   allowed.^     Judgments  in    the  Court 

below,  if  affirmed,  shall  not  lose  any  lien  or  priority  by  reason  of  the 

proceedings  in  the  Court  above. 

Upon  failure      ^    goo^  ^[l      \{  ^uy  Jud^c  of  the  SuDcrior  Court  shall  refuse  to 

to  eerily  S  certify  a  bill  of  exceptions,  when  properly  tendered,  or  if  any  Clerk 

ception^s%r  sliall  fail  or  refuse  to  send  up  the  transcript  of  the  whole  record  in 

I'lferfir  to  ""^^i^^y  cause,  according  to  the   provisions  of  this  Act,  or  he  or  any 

lifui^s'^a^^^^  Sheriff  shall  refuse  or  neglect  to  perform  any  duties  imposed  upon 

jii.iihhuiiii3   \x'Lvn  by  this  xlct,  said  Supreme  Court,  vv^hile  in  session  in  any  district 

m  this  fetate,  may  issue  a  v/nt  oi  mandamus  to  such  omcer,  and  en- 

.  force  obedience  thereto,  if  necessary,  by  attachment  f  and  in  case 

that  such  refusal  by  an  y  such  officer  have  delayed  the  party  applying 

for,  or  tendering  a  bill  of  exceptions  as  aforesaid,  beyond  the  time 

■limited  in  the  foregoing  part  of  this  Act,  he  shall  not  thereby  lose 

his  remedy,  but  may  proceed  as  if  the  time  hmited  had  not  expired. 

rl'unS'l'Ja      ^-   ^^^'  ^^^-     "^'^^^  Slieriff  of  the  County  wherein  the  Supreme 

attend  the    Couit  is  holdcii,  or  liis  dcputy,  shall  attend  the  sessions  thereof,  and 

obey  all  lawful  orders,  enforce  all  lawful  commands,  and  execuie  all 

lavv-fui  processes  of  said  Court.     And  for  the  service  of  any  process, 

*By  Act  of  1850,  copy  of  tlie  bill  of  exceptions,  sees.  27,  32. 

[1.]  Strictly  enforced,  2  Kelly,  408  ;  3  Ih.  415, 

[2  ]  Not  where  the  writ  of  error  is  dismissed,  Collins  vs.  Turnei',  9  Ga.  Rep. 

(3.)  Applications  for  certificates  must  be  made  during  the  term  at  which  the  case  is  de- 
termined, 8  Ga.  438. 

(4.)  Refused,  where  one  bill  had  ah-eady  been  signed  and  heard  in  Supreme  Court.  2  Kelly ^ 
290.    This  section  considered  and  construed,  6  Ga.  321. 


JUDICIARY.— Supreme  Court— 1845.  451 

Judge's  Salary — Clerk's  duties — Kecords — Clerk's  Deputy — Fees. 

or  order  of  said  Court,  he  shall  receive  the  fees  allowed  for  like  ser-Fees. 
vice  in  the  Superior  Courts,  to  be  taxed  and  paid  in  like  manner. 

8.  Sec.  YIII.  Each  of  the  said  Judges  of  the  Supreme  Court  ^^^^Jj' 
shall  receive  a  salary  of  two  thousand  live  hundred  dollars  per  an-  ^  '  " 
num,  to  be  paid  as  the  salaries  of  the  Judges  of  the  Superior  Courts 

are  now  paid.     The  amount  of  said  salary  shall  not  be  increased  or 
diminished  during  the  continuance  of  such  Judge  of  the  Supreme 
Court  in  office  ;  and  no  Judge  shall  receive  any  other  perquisite,  re- No  other 
ward  or  compensation,  than  the  amount  of  his   salary.     Each  and  ^'^^'^^^'''^°' 
every  Judge  of  the  Supreme   Court  shall,   before  the   Governor  of 
the  State,  and  prior  to  his  receiving  his  commission,  take  the  oath  to 
support  the  Constitution,  and  other  oaths  now  by  law  required  of  oath. 
the  judicial  officers  ot  this  State. 

9.  Sec.  IX.     The  said  Supreme  Court  shall  appoint  some  fit  and  cierk. 
proper  person  as  Clerk  thereof,  vf  ho  shall   hold  his  appointment  for 

six  years,  unless  removed  by  said  Court  upon  complaint  inade,  and  How  remov- 

cause  shown  for  incapacity,  improper  conduct,  or  neglect  of  duty. 

Said  Clerk  shall  keep  an  office  at  the  Seat  of  Government,  in  one  of  o^c'^^ttiie 

C'L'jitol 

the  departments  of  the  Capitol,  where  all  books,  records  and  archives, 
and  the  seal  of  the  said  Court  shall  remain.     He  shall  attend  all  the  Duties, 
sessions  of  said  Court,  and  obey  all  lawful  orders  thereof ;  he  shall 
keep  in  substantial  bound  books  fair  and  regular  minutes  of  the  pro- 
ceedings of  said  Court;  a  record  of  all  its  judicial  acts,  a  docket  of 
its  causes,  and  such  other  books  as  said  Court  may  fi'om  time  to  time 
order  and  direct ;  he  shall  certify,  when  required,  upon  payment  of 
his  fees,  all  proceedings  of  the  said  Comt  in  the  manner  now  in  use 
in  the  Superior  Courts  of  this   State.     And  the  record  and  minutes  liec-ri*  iind 
of  said  vSupreme  Court,  and  copies  thereof,  sliall  be  evidence  in  the  thi?(k!iu-t 
same  manner  and  under  the   same  circumstances  as  those  of  the  Su- J^^^^o^^.f'^J^ 
perior  Courts  now  are  ;  said  Supreme  Court  being  to  all  intents  and  ^'^ecoid. 
purposes  a  Court  of  Ptecord.     The  said  Cierk  shall  be  authorized  to  ciork  may 
appoint  a  deputy  or  deputies,  in  his  discretion,  he  being  responsible  deputy! ''' 
for  the  faithful  performance  of  their  duties. 

10.  Sec.  X.     If,  during  the   pendency  of  any  cause  in  the  Su- if  security 
preme  Court,  the  security  taken  on  the  removal  of  said  cause  to  theyufficSV"' 
Supreme  Court  shall  become  insufficient  or  inadequate,  by  reason  of  ^'°"'^'"-,!'^! 
removal  from  the  State,  insolvency  or  otherwise,  it  shall  be  the  duty  security  miy 

c     1        r^  •  r.    •  -1  T         •  1  .     •'   be  requa-ed, 

01  the  Court  so  certiiying  said  cause,  on  application  on  oath  setting  and  ituot 
forth  the  facts  showing   tiie  inadequacy  of  said  security  from  insol- cinrshaSbe 
vency  or  otherwise,  to  require  additional  and  other  security,  unless  '^^^""=^'^^- 
the  appellant  shall  make  an  affidavit  under  the  seventeenth  section  of 
this  Act,  and  if  the  appellant  shall  fail  or  refuse  to   give  such  addi- 
tional security/,  or  make  and  file  such  affidavit,  the  Court  below  shall 
certify  this  fact  to  the  Supreme  Court,  whereupon  said  suit  shall  be 
dismissed  at  the  appellant's  costs,  and  the  judgment  in  the  Court  be- 
low sliall  be  affirmed  v/ith  costs. 

11.  Sec.  XI.     The  said  Clerk  shall  be   entitled  to  the  same  fees  Fee^  of  ths 
as  Clerks  of  the  Superior  Courts  in  this  State,  to  be  taxed  as  part  of  ""^" 

the  costs,  and   for  which    the   Attorney   of  record   shall  ahvays  be  Attorney-- ai- 
bound.  '""'''  '"""'• 

12.  Sec.  XII.     Some  fit  and  proper  person  shall  be  elected  by 


452  JUDICIARY.— Supreme  Court —1845. 

Keporter's  Salary — Liability — Oatli — Rules  of  practice — Seal — Attorney  and  Solicitor  General. 

Eeportw.     the  Judges  of  said  Court  as  Reporter,  who  shall  hold  his  office  during 
the  term  of  six  years,  unless  sooner  removed  by  the  Court,  and  shall 
Salary  $1000  receive  for  his  services  a  salary  from  the  State  of  one  thousand  dol- 
i>utiea.       lars  per  annum.     Said  Reporter  shall  attend  all  the  sessions  of  said 
Court,  and  report,  in  a  proper  .  and    professional   manner,  all  the  de- 
cisions there  made,  with  the  reasons  therefor,  [and  he  shall  not,  during 
his  service  as  Reporter,  appear  as  comisel,  or  act  as  attorney  in  any 
Upon  failure  case  iu  any  Court  in  this  State. ]^     The  Reporter  shall  from  time  to 
hi/?eilorts    time  publish,  in  good  and  substantial  forms,  the  reports  so  made  as 
months ^to  aforcsaid,  and  if  at  any  time  he  shall  neglect  to  publish  within  four 
furteit  one-  jxiouths  after  sosslous  for  each  year  have  closed  the  decisions  of  that 

fourth  of  sala  re  •.  ^ 

ry,  and  one  year,  lic  sliall  forfcit  0116  iourtli  of  his  salary  for  that  year«  and  an- 

fo'irth  for  j  j  i 

everyaddi-  otlicr  foui'th  for  evory  additional  month's  delay.  ,  Provided^  that  if 
month's  de-  the  Judgcs  of  Said  Court,  or  a  majority  pf  them,  shall  certify  that 
^^y*  such  delay  was  not  from  any  fault  or  neglect  of  the  Reporter  him- 

self, or  those  under  his  control,  such  forfeiture  shall  not  be  incurred. 
Copyright.    Tiic  ReportoT  shall  also  be  allowed  the  copy-right.     And  ipTovided^ 
Copies  fur-  further^  that  he  furnish,  free  of  expense,  and  well  bound,  one  copy 
oiexpti'e!^  of  Said  rcports  to  each  Judge  of  said  Court  for  the  time  being,  one 
copy  to  the  Clerk  of  said  Court,  to  be  kept  in  his  office  as  public 
property,  twenty-five  copies  to  the  State,  to  be  delivered  to  his   Ex- 
cellency the  Governor  as  soon  as  may  be,  said  twenty-five  copies  to 
be  disposed  of  as  the  General   Assembly  may  direct,  and  a  copy  to 
each  Clerk  of  the  Superior  Court  for  each  County  in  the  State,  to  be 
kept  in  his  office  free  for  the  perusal  of  any  person. 
c!cr\-  and         13.   Sec.   XIII.     The  Clerk   and    Reporter  of  said  Court,  before 
oatih^  "^  ^    entering  on  the  duties   of  their  respective  offices,  shall  be  sworn  to 
the  faithful  discharge  of  their  duties,  and  take  all  other  oaths  pre- 
scribed by  law  for  civil  officers. 
"owertoes-      14.   Sec.     XI Y.     Tlic  Judgcs  of  Said  Supremc  Court   shall  have 
ofprlctice,^^  powcr  to  cstablish  rules  of  practice,  and  to  regulate  the  admission  of 
a[u>roces3    attoriic^rs  ill  Said  Supreme  Court,  and  to  award  all  such  process  as 
"nfJrcr^  ^°  ^"^y  ^^  necessary  to  enforce  obedience  to  their  orders  and  judgments, 
ohedience.    and  as  are  usual  in  other  appellate   tribunals  ]  and  also  to  establish 

and  procure  a  seal  for  said  Court, 
if  plaintiff        15.   Sec.  XY.     In  case  plaintiff  in  error  shall  fail  to   cause  the 
the traiS"''' transcript  of  the  record  to  be  filed  with  the  Clerk  of  the  Supreme 
rSV/to'be  Court,  at  the  place  of  holding  said  Court,  by  the  third  day  of  the 
filed,  the  su- term  next  succeeding  the  time  of  granting  the  supersedeas  ;  and  the 
siiaii  affirm  advorso  party  shall  file  with  the  Clerk  of  the  Supreme  Court  a  certifi- 
j>eiow.^"^    cate  of  the  granting  of  such  supersedeas^  signQdi  by  the  Clerk  of  the 
Superior  Court  wherein  the  cause  is  depending,  then  it  shall  be  the 
duty  of  such  Supreme  Court  to  affirm  the  judgment  below  on  such 
certificate. 
Attornpy_         16.   Sec.  XYI.     It  sliall  be  the  duty  of  the  Attorney  or  Solicitor 
?k>norar^  ^^  General  of  the  Judicial  Circuit  wherein  any  criminal  cause  is  tried, 
tocriminaf  ^^"^^  which  iTiay  bc  taken  up  in  manner  aforesaid,  to  appear  and  at- 
cau.-.es  in     xqi^^^^  to  said  causo  iu  the  Supreme  Court. f 

ttiis  Court.  ^  ' 

*Repealed  by  Act  of  1847,  sec.  20,  tMs  title. 
tFox  fees,  see  Act  of  1850,  sec.  3J. 


JUDICIARY.— Supreme  Court— 1845-' 47.  453 

Paupers  and  non-residents — Parties — Assistant  lieporter. 

17.   Sec.  XYII.     Whenever  a  party  shall  not  be  able  to  give  se- if  tho  party 
curity,  he  shall  file  an  affidavit   stating   that  he  is  unable,  from  his  frJln  poverty 
poverty,  to  give  the  security  for  the  eventual  costs  and  condemnation  ruy," Ife  may 
money,  and  that  his  counsel  has  advised  him  that  he  has  good  cause  JlJ^oAhat^* 
for  a  writ  of  error ;  and  upon  filing  the  same   in  the  Clerk's  office,  f^^t. 
he  shall  be  entitled  to  all  the  privileges  which  he  Vv^ould  have  had  if 
he  had  given  the  security  and  paid  the  costs  as  required  by  this  Act. 
And  when  any  party  in  any  civil  cause,  residing  out  of  the  County  Party  resid- 
in  which  it  may  be  tried,  shall  not  be  desirous  of  obtaining  a  super- niicomny, 
sedeas,  he  shall  be  entitled  to  have  his  cause  carried  up  to  the  Su- ar^e^boiKi,if 
preme  Court,  under  the  provisions,  of  this  Act,  Avithout  giving  bond  J^^Py^^*'''^^'^^ 
or  making  affidavit  as  hereinbefore  provided,  the  adverse  party  being  ed. 
at  liberty  to  proceed  with  execution. 


An  Act  amendatory  of  the  Act  of  the  General  AssemMy  organizing 
the  Supreme  Court^  so  far  as  to  make  it  discretionahj  ivltli  plain- 
tifs  in  error  ivhctJicr  they  icill  include  as  parties  plaintiff,  secnri- 
ties  on  appeal,  on  injunction  bonds,  and  writs  of  error. — Approved 
Dec.  22,  1847.     Pam.  81. 

18.  Sec.   I.      Be  it  enacted,   That  from  and  after   the   passa";e  of  ^'^in'^y  on 

.i-».-in-  1  -1  1  •••!    appeal,  &.C. 

this  Act,   it  shaii  in  no  case  be  considered  as  necessary  to  join  with  unnecessary 
the  parties  to  the  suit  in   the  Superior  Court,  carrying  a  case  there-  ^'^^^^' 
from  up  to  the  Supreme  Court,  by  bills  of  exceptions  and  writs  of 
error,  the  security  on  appeal  or  on  any  injunction  bond.^ 

19.  Sec.  II.  No  writ  of  error  shall  be  dismissed  or  delayed  in  its  Parties  to 
hearing  and  decision,  where  the  parties  to  the  writ  or  declaration  be-iSi:u'y! 
low  are  included  in  said  writ  of  error.^ 


A7i  Act  to  amend  the  twelfth  section  of  an  Act  entitled  an  Act  to  car- 
ry into  effect  that  part  of  the  first  ssciion  of  the  third.  Article  oj  the 
Coiistitatlon  ivhich  requires  the  establishment  of  a  Supreme  Court 
for  the  correction  of  errors,  and  to  organize  the  same,  and  to  re- 
gulate the  proceedings  thereof,  assented  to  on  the  tenth  day  of  De- 
cember, eighteeri  hundred  and  forty-five. — Approved  Dec.  24,  1847. 
Pam.  81. 

20.  Sec.   I.      Be  it  ena,cted,  Thp.t  from  and  after  the   passage  of  Rppoi-'er 
this  Act,  so  much  of  said  recited  section  as  declares  that  the  Ptc-  '''''^  p^*^*^^'^® 
porter    of  said   Court  shall  not,  during  his  services  as  Reporter,  ap- 
pear as  counsel  or  act  as  attorney  in  any  case   in  any  Court  m  this 

State  be,  and  the  same    is   hereby  repealed. 

21.  Sec.  II.     The  Reporter  of  said  Supreme  Court  shall  be  en- saiaiy,  how 
titled  to  receive  his  salary  quarterly,  as   other  State  officers,  and  be  ^'^'  ' 
authorized  to  appoint  an  Assistant  Reporter,  such  appointment  to  be  Assistant 
submitted  to  and  approved  by  the  Judges  of  said  Court,  and  entered   ''^'"^^'"^' 

[1.]  Decisions  prior  to  tliis  Statute.    2  Kelly,  79,  287,  348,  408,  439.    3  Hk  584. 
[2.]  Considered,  7  Ga.  510, 


454  JUDICIARY.— Supreme  CouiiT~184r. 

Bills  of  exceptions,  30  days — Costs — Duty  of  Clerk. 

upon  the  minutes,  either  in  term  or  vacation ;  and  the  said  Reporter 
Duties.        or  his  assistant  shall  attend  each  term  of  the  Court,  unless  prevented 
by  providential  cause,  or  relieved  therefrom  by  leave  of  absence  by 
the  Judge. 

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


An   Act  amendatory  of  the    Act  aj)j)roved  the   tenth   of  December ^ 
eighteen  hundred  and  forty-five,  organizivg  a  Suj^reme   Court  for 
the  correction  of  errors,  in  relation  to  hills  of  exceptions,  giviiig  of 
bond  by   the  party  taking  up  a  case,  and  directory  of  the  duty  of 
the  Clerk  as  to  transcTipts  accompanying  cases. — Approved  Dec. 
29,  1847.     Pam.  83. 

\ 

Bills  of  ex-       22.   Sec.  I.     Be  it  eiiacted,  Thsit  from  and  after  the   passage  of 

be?clidcred^  ^^^^  Act,  that  so  much  of  the  Act  of  vv^hich  this  is  amendatory  as 

within  30     requires  bills  of  exceptions,  in  both  civil,  criminal  and  equity  cases, 

aoj(  urnmcnt  to  be  drawu  up  and  submitted  to  the  Judge  before  vvdiom  such  cause 

was  tried  within  four  days  after  the  trial  thereof,  be  and  the  same 

is  hereby  altered  and  amended  so  as  to  allow  them  to  be  drawn  up 

and  submitted  for   signature  and  certification  by  the  Judge  within 

thirty  days^  after   the  close   of  the   term  in  which   said  cause  was 

heard. 

TraT58cripts       23.   Sec  II.     With  a  vicw  to  lighten  the   costs  upon  parties  in 

re^SIrde?  ^^  ^^^^  Court,  that  the  trauscripts  of  the  record  from  the   Court  below 

shall  not  be  recorded  by  the  Clerk  of  the  Supreme  Court,  but  shall 

be  filed  up  carefully  by  number  of  the  proper  term  of  the  Court  in 

v/hich  the  cause  in  which  it  was  used  was  tried. 

a)?ts  mnyi       24.   Sec.  III.     So  much  of  the  fourth  section  of  the  Act  of  which 

]^  5iJ  da^'s'*^  this  is  amendatory  as  prescribes  four  days  within  which  cost  shall  be 

paid  and  bond  given  be,  and  is  hereby  extended  to  thirty  days. 


An  Act  to  curtail  the  labor  of  the  Clerk  of  the  Supreine  Court,  and 
to  reduce  the  cost  in  said  Court,  and  to  authorize  amendments  in 
said  Court. — Approved  Feb.  23,  1850.     Pam.  68. 

opiiiion  not      25.  Sec.  I.     Be  it  cnactcd.  That  from   and  after  the  passage  of 
recorded,     ^v^:^^  ^^^^  ^]^g   Clcrk  of  the    Suprcmc   Court  shall  not  be  required  to 
record  the  opinion  of  the  Court  in  cases  decided  in  the  Supreme 
Court. 
No  charge         26.   Sec.  II.     The  Clerk    of  the    Supreme    Court  shall  make  no 
forseaid.      charge  for  attaching  the  seal  of  said  Court  to  the  writ  of  error,  cita- 
tion or  remittance,  [remittiter]  or  any  precept  issued  by  him. 
Copy  hill  of      27.   Sec  III.     When  exceptions' are  filed  in  any  case  in  the  Su- 
to bSemup. perior  Court,  the  Clerk  of  the  Superior  Court  shall  make  out  a  copy 


(1.)  Ani  the  Judge  should  sign  the  sanae,  though  no  notice  was  given  of  the  exceptions 
pending  the  trial  and  before  judgment  entered.  4  Ga.  609.  If  thirty-iive  days  intervene, 
the  writ  will  be  dismissed.  6  lb.  43.  It  must  appear  affirmatively  that  it  was  within  the  time 
allowed.    6/5.481,491,679, 


JUDICIARY.— Supreme  Court— 1847-'50.  455 

Fees — Bill  of  exceptions — Amendments — Briefs  of  counsel. 

of  the  bill  of  exceptions,  and  send  it  up  to  the  Supreme  Court,  on 
or  before  the  first  day  of  Court  to  which  the  writ  of  error  is  return- 
able, with  the  transcript  of  the  record,  and   file   the  orisrinal  bill  of  ^'•'?inai 

.  f^  filed 

exceptions  in  his  office,  for  the  inspection  of  all  parties  interest- 
ed.*' 

28.  Sec.  IY.  The  remitter  shall  consist  of  the  judgment  of  the  Remituter. 
Supreme  Court  and  nothing  more. 

29.  Sec.  Y.     The  Clerk  of  the   Supreme   Court  shall  make  no  no  fees  for 
charge  but  for  services  actually  performed ;  and  for  services  per-  ^^omed  *^^ 
formed,  he  shall  be  allowed  the  same  cost  as  are  allowed  by  law  to 

the  Clerk  of  the  Superior  Court. 

30.  Sec.  YI.  All  bills  of  exception  and  the  copies  thereof,  shall  Bin  of  ex- 
be  amendable  by  order  of  the  Supreme  Court,  so  as  to  be  made  to  amendable 
conform  to  the  record  of  the  cause. t^ 


A?i  Act  in  relation  to  the  Supreme  Court  of  this  State. — Approved 

Feb.  23,  1850.     Pam.  141. 

Whereas,  as  it  is  essential  to  the  proper  administration  of  the  laws 
that  the  sessions  of  the  Supreme  Court  be  held  at  such  places  as  will 
afford  the  Judges  the  use  of  competent  libraries,  which  is  not  the 
case  under  existing  laws,  for  remedy  whereof,  * 

31.  Sec.  I.  Be  it  ena.cted^  That  all  bills  of  exceptions,  writs  of  writ  of  er- 
error  and  citations  in  or  from  the  Supreme  Court  shall  be  amendable  amendable, 
without  delay  or  cost,  in  conformity  to  the  recorder  cause  below.^ 

32.  Sec  II.     The  Clerk  of  the  Supreme  [Superior]  Court  shall  in  copy  of  bui 
all  cases  retain  the  bill  of  exceptions  in  his  office,  and  send  up  a  copy  ^^ ^"''^^p^'""^ 
thereof  to  the  Supreme   Court  as  a  part  of  the  transcript  of  the  re- 
cord,^ and  no  costs  shall  be  charged  in  the  Supreme  Court  for  a  copy 

of  the  bill  of  exceptions. 


An  Act  to  amend  the  several  Acts  in  relation  to  the  Supreme  Court, 
so  far  as  they  relate  to  the  Reporter  and  Assistant  Reporter. — Ap- 
proved Feb.  23,  1850.     Pam.  140. 

33.   Sec.  I.     Be  it  enacted,  That  it  shall  not  be  lawful  for  the  Arguments 
Reporter  of  the  decisions  of  the  Supreme  Court  of  this  State,  or  his  shau  no?U 
assistant,  in  any  case  hereafter  to   incorporate  into,  or  publish  with  P'^^^J^^ed. 
the  decisiotis  of  said  Court,  or  to  insert  into  any  volume  of  said  reports 
any  argument  or  brief  of  counsel  farther  than  a  simple  statement  or 
brief  of  the  authorities  referred  to  by  said  counsel,  and  the  points 
made. 

-J  *  See  next  Act.  fSce  next  Act. 

(1.)  Prior  to  this  Act,  held  other^vise.     7  Ga.  570,    Since  enforced,  8  Ih,  817. 
(2.)  Amending  as  to  parties.     2  Kelly,  408.     6  Ga.  380. 
(3.)  8  Ga.  Rep.  380,  439. 


456  JUDICIARY.— Supreme  Court— 1850. 

Sessions  of  Court — Fees  of  Atty.  and  Sol.  General. 

»»l  M  I  '  ■ ' 

A}i  Act  to  change  the  time  of  holding  the  SLcjireme  Court  at  Cassville 
and  Gainesville^  and  the  Superior  Coui^t  of  Franklin  County. — 
Approved  Feb.  23,  1850.     Pam.  140. 

Pes?ioT)s  for  34.  Sec.  I.  Be  it  c?iacted,  That  from  and  after  the  first  day  of 
May  next,  the  sessions  of  the  Supreme  Court  shall  be  held  on  the 
third  Monday  in  April  and  October,  for  the  fourth  district,  composed 
of  the  Western  and  Cherokee  Circuits,  alternately  at  Cassville  and 
Gainesville,  instead  of  the  fourth  Monday  in  March  and  September, 
as  heretofore. 

Sec.  XL     [Local,  as  to  Franklin  County.] 

A71  Act  to  compensate  Soliczlors  General  for  sei^vlces  rendered  tlie  State         | 
in  the  Supreme   Court  in  criminal  cases. — Approved   Feb.   23, 
1850.     Pam.  375. 

FePsofAtty.  35.  Sec.  I.  Be  it  canctedj  That  the  Solicitors  General  of  the 
General".  sovcral  judicial  circuits  of  this  State,  for  the  rendition  of  official 
services  in  the  Supreme  Court  in  criminal  cases,  shall  receive  the 
following  fees,  to  wit  :  In  all  cases  where  the  punishment  is  less 
than  confinement  and  labor  in  the  penitentiary,  the  sum  of  fifteen 
dollars  :  in  all  cases  involving  puDishment  by  confinement  and  labor 
in  the  penitentiary,  the  sum  of  thirty  dollars  ;  and  in  all  cases  where 
the  punishment  is  death,  the  sum  of  fifty  dollars. 
How  paid.  36.  Sec.  II.  Upou  the  presentation  of  the  Certificate  of  the  Clerk 
of  the  Supreme  Court  of  the  trial  of  the  case  or  cases,  and  the  ren- 
dition of  the  service,  the  Governor  shall  draw  his  warrant  in  favor 
of  the  Solicitor  or  Solicitors,^  in  accordance  with  the  provisions  of 
the  first  section  of  this  Act,  any  law  to  the  contrary  notwithstanding. 


JUDICIARY. — Sup'r  and  Inf'r  Courts,  Sessions,  &c. — 1796.      457 

Analysis. — Number  and  times  of  session  of  Superior  and  Inferior  Courts. 


IL     SUPERIOR  AND  INFERIOR  COURTS. 


ART.  I.     JUDGES— SESSIONS  AND  ADJOUENMENTS.     Sec.  37. 
AllT.  II.     JUKISDICTION.     1.  CommoxX  Law.     Sec.  49. 

2    Equity  and  Equity  Practice.     Sec.  61. 
ART.  III.     ACTION. 

1.  CoMilKXCEMENT — ABATEMENT  AND  DISMISSAL SciEA  TO  MAKE  TAETIES.    ScC.  68. 

2.  Bail  in  Civil  Cases.    Sec.  8'i. 

3.  Parties.     Sec.  100. 

4.  Pleadings  and  Pkoceedings  pending  Action,  and  iiesein  of  Amendment, 

Arbitration — Set-ofe,  etc.     Sec.  lOo. 

5.  Verdict — Judgment — Stay  op  Execution,  and  Atpeal.     Sec.  131. 

6.  New  Trials.     Sec.  157. 

7.  Costs  in  Civil  Cases.    Sec.  160. 

8.  Execution — Illegality — Sale  and  Writ  of  Possession.     Sec.  170. 
ART.     IV.  EILLS  OF  EXCHANGE,  NOTES,  &c.     Sec.  206. 

V.  CERTIORARI,   INJUNCTION  AND  NE-EXEAT.     Sec.  215. 
VI.  CITIZENSHIP  AND  RESIDENCE.     Sec.  212. 
"       VII.  CLAIMS  AND  FORTHCOMING  BONDS.     Sec.  248. 
''      VIII.  COMPUTATION  OF  TIME.     Sec.  258. 

IX.  CORONERS  AND  INQUESTS      §ec.  259. 
X.  CORPORATIONS.     Sec.  276. 
XI    IIA.BEAS  CORPUS.     Sec.  290. 
"      XII.  JOINT  TENANTS.     Sec.  293. 
"    XIII.  JURIES.  -Sec.  294. 
•  •'      XIV.  LIENS.     Sec.  318. 

XV.  LIMITATION  OF  ACTIONS.     Sec.  332. 
♦'      XVI.  MORTGAGES— FORECLOSURE,  &c.     Sec.  358. 
"     XVII.  OFFICERS  OF  COURT.     Sec.  363. 
PARTITION,     Sec.  393. 

PARTNERS  AND  PARTNERSHIP.     Sec.  399. 
XX.  POSSESSORY  WARRxiNT  AND  PROCEEDING  THEREON, 
See.  429. 
SURETIES  AND  INDORSERS.     Sec.  430. 
USURY.     Sec.  454. 


XVIII. 
XiX. 


XXI. 
XXII. 


ART.  L  JUDGES,*    SESSIONS  AND  ADJOURNMENTS. 


Sec.  37.  Sessions  of  Superior  Court. 

38.  Sessions   Inferior  Court. 

39.  Adjournment  by  Clerk. 

40.  .Judge  interest'fd — Justices  preside. 

4 1 .  Judges  may  alternate. 

42.  Rules  of  Practice. 


Sec. 


43. 
44. 

45. 
46. 
47. 
48. 


Adjournment  Inferior  Court. 
Adjournment  Superior  Court. 
Providential  cause. 
Rules  of  Practice  by  one  Judge. 
Judge's  opinion  on  facts. 
Ground  of  Error. 


An  Act  to  amend  an  Act  entitled  ^^An  Act  to  revise  and  amend,  the  Judi- 
ciary System  of  this  Staie^ — Approved  Feb.  10,  1799.  Vol.  I.  292. 

37.  Sec.  I.     The  Superior  Courts  shall  be  held  in  each  County  sup'rcts  to 
in  the  respective  districts  twice  in  every  year,  by  one  or  more  of  the  aVean^'^'''^ 
Judges  of  the  Superior  Courts,  at  the  several  times  hereinafter  men- 
tioned.     [Table  of  Courts,  corrected  down  to  this  time,  1850.] 

38.  Sec.  II.  The  Inferior  Courts  shall  be  held  twice  in  every  inpr comrs 
year  in  each  County,,  by  the  Justices  of  the  said  Inferior  Courts,  q^.  a^'" ''''''' ^'^'* 
majority  of  them,^  at  the  several  times  hereinafter  mentioned.   [Table 

of  Courts,  corrected  down  to  this  time.] 

*For  A.cts  in  reference  to  Judges  practising  as  attorne^v'S,  see  title  "  Attornej^s." 
As  to  their  duty  in  Vv^iting  out  decisions  on  motions  for  new  trials,    certioraries,   &c. 
see  Art.  "  Action,"  "  New  Trial,"  sec.  159. 

As  to  election  and  qualiii.cation  of  Justices  of  the  Inferior  Court,  see  title  "County 
Oiiicers,"  sec.  29.  Exemption  from  Jary  duty,  see  Art.  "  Juries,"  sec.  317.  Compen- 
sated by  Act  of  1803,  Vol.  II.  335,  which  however  was  repealed  by  Act  Ox  1809,  lb.  551. 

[1.]  A  majerity  of  the  whole  Com-t  must  concur  in  any  judgment.  1  Kslhj,  271. 


458 


JUDICIARY.— Sup'r  and  Inf'r  Courts. 


Number  and  times  of  session. 


EASTERN  DIST. 

Bryan, 

Bulloch,* 

Camden, 

Chatham, 

Effingham,* 

Glynn, 
Liberty, 

Mcintosh, 

Wayne, 


MIDDLE  DIST. 

Burke, 

Columbia, 

Emanuel, 

Jeflerson, 

Montgomery, 

BJchmond, 

Scriven, 

Tatnall, 

Washington, 

SOUTHERN  DIS. 

Elbert, 

Hancock, 

Lincoln, 

Madison, 

Oglethorpe, 

Talliaferro, 

Warren, 

Wilkes, 

■WESTERN    DIST. 

Clarke, 

Franklin, 

Gwinnett, 

Habersham, 

Hall, 

Jackson, 

Babun, 

Walton, 

OCMULGEE  DIS. 

Baldwin, 

Greene, 

Jasper, 

Jones, 

Morgan, 

Putnnm, 

Wilkinson, 

SOUTHERN    DIS. 

Appling, 

Clinch, 

Irwin, 

Laurens, 

Lowndes, 

Pulaski, 

Telfair, 

Thomas, 

Twiggs, 

Ware, 


SUPERIOR    COURTS. 

Thurs.  after  3  Mon.  April   and  do. 
after  the  Mon,  after  4  Mon.  Nov 
3  Tuesday  March  and  Thurs.  before 
last  Mon.  Oct. 

1  Mon.  April  and  3  Mon.  Nov. 

2  Monday  January  and  May. 
Friday  after  3  Tuesday  March  and 

last  Monday  Oct. 

2  Mon.  Apr.  and  4  Mon.  Nov.' 

3  Mon.   April  and   Mon.    after  4 

Mon.  Nov, 

Thursda-y  after 

after 

Friday  after  1 


2  Mon.  April  and 
4  Mon.  Nov. 
Monday  April  and 


after  3  Monday  Nov. 


3  Mon.  May  and  Nov. 
'       March  and  September, 
'       April  and  October, 
'       June  and  2  Mon.  Nov. 
'       April  and  October, 
'       January  and  June, 
'       April  and  Oetober, 

Thurs.  after  2  Mon.  April  and  Oct. 

4  Monday  March  and  September, 


3  Monday  March  and  September, 

2  "  April  and  October, 

2  "  March  and  September, 

3  "  April  and  October, 

1  "  March  and  September, 

1  "  April  and  October, 

4  "  March  and  September, 


February  and  August, 
March  and  September, 


2  "       April  and  October, 

3  "       March  and  September, 

4  "       February  and  August, 
Thurs.  after  1st  Mon.  April  &  Oct 
3  Monday  February  and  August, 


4  Monday  February  and  August, 
March  and  September, 
April  and  October, 


March  and  September, 
April  and  October, 


Monday  after  the  Courts  in  Ware, 

2  Mon.  after  4  Mon.  May  and  Nov. 
Thurs.  after  4  Mon.  April  and  Oct. 
1st  Monday  March  and  September, 
Mon.  after  4  Mon.  May  and  Nov. 

3  Monday  in  April  and  October, 

4  "  "  '< 

4       "         May  and  November, 
2       '•'        .April  and  October, 
Thursday  after  the  Court  in  Clinch 


INFERIOR     COURTS. 

4  Monday  January  and  June, 


February  and  July, 

January  and  June, 
February  and  July, 


Januaty  and  June, 


Last  Monday  May  and  December, 


1  Monday  January  and  July, 
1       "      February  and  .July, 
1       "      January  and  July, 

Q  <<  4  4  «' 

1  "       February  and  August, 
Thurs.  after  1  Mon.  March  &  Sept. 

2  Monday  January  and  July, 

2       "       February  and  August, 
4       "       January  and  July, 


January  and  July, 
Feb.  and  3  Mon.  August, 
February  and  July, 
January  and  July, 
January  and  June, 
June  and  December, 
February  and  August, 
May  and  November, 


April  and  October, 
January  and  July, 
June  and  December, 
January  and  July, 


May  and  Nov. 


2  Monday  May  and  November, 
June  and  December, 
January  and  July, 


June  and  December, 
January  and  July, 


June  and  December, 
April  and  October, 
Jan.  and  1st  Mon.  July, 
June  and  December, 
February  and  Aug-nst, 
Jan.  and  1st  Mon.  July, 
"         and  July, 


April  and  October, 


*An  Act  was  passed  in  1847,  the  body  of  which  changed  the  sitting  of  the  Spring  Ternis  of  these  Cotirtsj 
the  title  differing  therefrom,  the  Act  has  not  been  enforced.    See  Para.  91.    Compiler. 


JUDICIARY.— Sup'r  and  Inf'r  Courts. 


450 


Number  and  times  of  sessions. 


FLINT  DISTRICT 

Bibb, 

Butts,  ' 

Crawford, 

Henry, 

Houston, 

Monroe, 

Nev^rton, 

Pike, 

Upson, 

CHATTAHOOCHIE 

Harris, 

Marion, 

Muscogee, 

Stewart, 

Talbot, 

CHEROKEE  DIS 

Cass, 

Chattooga, 

Cherokee, 

Dade, 

Floyd, 

Forsyth, 

Gilmer, 

Gordon, 

Lumpkin, 

Murray, 

Paulding, 

Union, 

Walker, 

COWETA  DTST. 

Carnpbell, 

Carroll, 

Cobb, 

CoTvcta, 

DeKalb, 

Fayette, 

Heard, 

Meriwether, 

Troup, 

SO. WESTERN  D* 

Baker, 
Decatur, 

Dooly, 

Early, 

Lee, 

IMacon, 

Randolph, 

Sumter, 


SUPERIOR    COURTS. 

3  Monday  Jan.  and  1  Monday  July, 
3       *'       March  and  September, 
1       "       February  and  August, 
April  and  October, 


March  and  September, 

February  and  August, 
April  and  October, 


March  and  September, 

May  and  November, 
April  and  October, 
March  and  September, 


1  '*  February  and  August, 
4  "  April  and  October, 

3  "  February  and  August, 

3  "  April  and  October, 
8  "  January  and  July, 

4  "  February  and  August, 

3  "  March  and  September, 

2  "  May  and  November, 
Mond.  aft.  4  Mond.  Feb.  and  Aug. 

4  Monday  March  and  September. 

1  "  May  and  November. 

2  "  March  and  September. 
2  "  April  and  October 


April  and  October. 

II  it 

March  and  September, 


May  and  November, 
February  and  August, 
May  and  November, 


June  and  December, 

May  and  November, 
April  and  October, 
May  and  November, 
April  and  October, 

May  and  November, 


INFERIOR    COURTS. 

March  and  September, 
January  and  .July, 
May  and  November, 
January  and  July, 

June  and  December, 


January  and  July, 


January  and  July, 
May  and  November, 
February  and  August, 
February  and  July, 
June  and  December, 


May  and  November, 
February  and  August, 
June  and  December, 

March  and  September, 
May  and  November, 
January  and  1  Mon.  July 
January  and  July, 
June  and  December, 
January  and  July, 
February  and  August, 
June  and  December, 
January  and  July, 


2  Monday  June  and  December, 


January  and  .July, 
June  and  December, 


January  and  June, 
February  and  August, 
April  and  October, 
February  and  August, 


Tues.  after  1   Mon.  March  &  Sept. 

1  Monday  April  and  October, 
4       "       June  and  December, 

2  "       January  and  July, 

4       "       February  and  August, 


January  and  July, 
February  and  Augu.'^t. 


♦Organized  1840.    Pam.112. 


39. 


Sec.  IV.     In  case  of  unavoidable  accidents,  whereby  the  said  Adjoumm't 
Superior  Court    in  any  County  shall  not  be  held,  at  the  time  appoint-  f^om  day  to 
ed  for  holding  the  same,  it  shall  be  the  duty  of  the   Clerk  of  such  '^^^* 
Court  to  adjourn  the  same  from  day  to  day,  not  exceeding  two  days, 
and  if  the  said  Court  should  not  sit  within  the  two  days  as  aforesaid, 
such  Clerk  shall  then  adjourn  the  same  to  the  next  term."^ 

*Sce  also  sees.  44  and  45. 

The  remainder  of  the  "  Judiciary  Act  of  1799,"  mil  be  found  under  the  appropriate 
heads.  The  compiler  is  a"warc  that  he  is  making  a  dangerous  experiment  for  his  ow^n 
reputation,  in  venturing  thus  to  carry  out  his  plan.  Upon  consultation,  however,  with 
many  eminent  brethren,  it  v/as  deemed  best.  For  remedy,  in  some  degree,  of  the  ob- 
jection, he  places  in  the  **  Appendix,"  the  Act  in  full,  where  it  may  be  consulted  by 
tiiose  wishing  it,  ^ 


460     JUDICIARY.— Sup'r  and  Inf'r  Courts,  Sessions,  &c— 1801-'23. 

Where  Judge  interested — Alternation — llules  of  Practice. 

A?i  Ad  to  alter  the  thncs^  6fc.  and  io  aniefid  cerfaifi  parts  of  the  Act 
entitled  ''  an  Act  to  amend  aji  Ac/,  entitled  an,  Act  to  revise  and 
amend  the  Judiciary  System  of  this  Stated — Assented  to  Dec.  5^ 
1801.     Vol.  11.  37. 

Sec.  ly.    -[Repeals  the  XVIth  sec.  of  the  Act  of  1799.] 
wiiere  40.   ggc.  V.     Ill  all  cascs  brouaht  in  the  said  Superior  Courts,  or 

Judges  cf  .   ,  ^  ^        ^  ^     -•  " 

f^up,  coiivt   either  of  them,  where  either  of  the  Judses  thereof  shall  be  a  party, 

?ve  in'^erest-  .  i  j  * 

vd.  Justices  or  interested  therein,  it  shall  be  the  duty  of  three  or  more  of  the  Jus- 
u.  piVsidr'^'^  tices  of  the  Inferior  Court  to  preside  at  the  trial  of  the  same.*^ 


An  Act  to  authorize  the  Judges  of  the  Superior  Courts  in  this  State 
to  alternate  iti  their  districts. — Assented  to  Dec.  8,  1806.     Yol.  II. 


32'^ 


o. 


TheJuriges'       41.     It  shall  aiid  may  bc  lawful  for  the   Judges   of  the   Superior 
\llle.'^^^^'    Courts  in  this  State,  and  they  are  hereby  authorized  to  altenictte  in 

their  districts  from  and  iriiniedir.tejy  after  .the  first  day   of  January 

next,  any  law  to  the  contrary  notwithstanding. f 


An  Act  to  cotnpel  the  Judges  of  tlic  Superior  Courts  of  this  State  to 
convene  at  the  seat  of  GovcTumeii'  in  this  Sfufe,  once  in  each  ycar^ 
for  t lie  purpose  of  establishing  wiiforni  Rules  of  Practice  through- 
out this  State.— A-ppvGved  Dec.  24,  1821.   Yol.  IV.  232. 

I'he  .iiid-es       42.     From  and  after  the  next  election  of  Judges  oi  the  Superior 
coiifs^re-*^  Courts  of  thls   State,  that  it  shall  be  the  duty  of  the  said  several 
coHven?  an- J^^dges  to  coiiveiie  at  the  seat  of  Government   of  this  State  once  in 
uhiiih  !mi-^  each  year,  at  such  a  time  as  they  or  a  majority  of  them  may  appoint. 
t,:nn  rules  of  for  the  purposc  of  establishing  uniform  rules  of  practice  throughout 
the   several  circuits  of  thi-s   State, J  and  it  shall  be  the  duty  of  the 
Judges  so  convened,  to  notify  such  of  the  Judges   wljio  ma„y  be  ab- 
sent, of  such  rules  or  alterations  of  rules  as  may  be  established  as 
aforesaid. 


A?i  Act  to  authorize  the  adjournment  of  the  Superior  and  Inferior 
Courts,  and  Courts  of  Ordinary,  in  certain  cases,  hij  the  officers 
therein  named. — Auproved  Dec.  8,  1823.     Yol.  IV.  211. 

PreamLie.  Whercas,  it  frequently  happens  fi'om  unavoidable  circumstances 

that  the  Judge  of  the  Superior  Courts,  a  majority  of  the  Justices  of 

*In  Equity  causes,  Judge  of  adjoining  Circuit  may  grant  Vv'rits  of  ne  exeat,  in- 
junction, &c.  see  Art.  V.   "  Certioraries,  Injunctions,  &c."  sec.  231. 

tA  previous  Act  (17:)9)  rendered  it  imperative  on  them,  to  aiternatc.  Tliat  being  re- 
pealed, this  Act  leaves  it  disareiionary. 

JAll  other  rules  inoperative,  see  sec.  46. 

[1.]  This  Act  constitutional.  4  Ga.  133,  Pee  lb.  385. 


JUDICIARY.— Sup'n  AND  Inf'r  Courts,  Sessions,  &c.— 1823-'47     401 

Adjournment  by  Clerk — Ilules  of  Practice. 

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  concern- 
ed, as  well  as  a  delay  of  justice  :  , 

43.  Be  it  therefore  enacted,  &^c.   That  from  and  after  the  passing- Adjonmm't 

-.  .  .  of  inf'r  < ''t 

of  this  Act,  that  if,  from  any  circumstance,  a  majority  of  the  Justices  un  failure  of 
of  the  Inferior  Court  in  any  of  the  Counties  of  this  State  should  fail  ^  ^^""* 
to  attend  at  the  regular  term  of  said  Inferior  Courts,  or  at  any  ad- 
journed term,  it  shall  and  may  be  lawful  for  any  one  of  the  Justices 
of  the  Inferior  Court  in  the  (bounty  where  such  failure  may  take 
place,  together  with  the  Sheriff  or  his  deputy.  Coroner  or  Constable, 
and  the  Clerk  of  said  Court,  to  adjourn  said  Court  to  such  time  as 
they  in  their  judgment  may  think  proper. 

Sec.  II.   [As  to  Courts  of  Ordinary,  sec  ''  Executors,"  &c.  sec.  11.] 

44.  Sec.  III.     The  Clerks  of  the  Superior  Court  of  this  State  be  cierk  ofjim 

authorized,  whenever  they  are  informed  by  the  presiding  Judge  that  t"o  adjourn 
it  is  not  possible  for  him  to  attend  the  regular  term  of  said  Court,  dS  Jud^se. 
from  sickness  or  other  causes,  to  adjourn  the  same  to  such  time  as  he 
may  direct,*  and  shall,  moreover,   advertise  the  same   at   the  Court  "^o fje  adver- 
house  of  the  County  in  which  said  Court  is  to  be  held,  and  one  or 
more  times  in  some  public  gazette  of  the  State. 

Sec.  IY.     All  Ifiws  and  parts  of  laws  militating  against  this  Act 
are  hereby  repealed. 


An  Act  to  alter  and  amend  the  third  scctioji  of  a?i  Act  entitled  an  Act 

to  authorize  the  adjoununenf  of  the  ^uf.erior  and  Inferior  Courts^ 

and  Courts  of  Ordinary^  in  certain  cases,  by  the  ofjiccrs  thcre'm  named, 

passed  December  8th,  1833. — ^Assented  to  Dec.  25,  1837.     Pam. 

79. 

45.  Sec  I.     Be  it  enacted,  That  from  and  after  the  passage  of  ("^"^^^J'^^g^^^^^^^^ 
this  Act  none  of  the  Superior  Courts  of  this  State  shall  be  adjourned ''•^"^<^- 
under  the  above  recited  Act,  for  any  other  cause  than  that  of  sickness 

of  the  presiding  Judge,  or  of  his  family  or  other  providential  cause, 
which  shall  be  expressed  in  the  order  of  adjournment. 
Sec.  II.      [Repealing  clause.] 

An  Act  to  annul  and  declare  inoperative  all  rules  of  p?Yicticefor  the 
Superior  and  Inferior  Courts  of  any  Judicial  Circuit,  ivhich  have 
not  been  agreed  upon  and,  asseiited  to  by  a  majority  of  all  the  Judges 
of  the  Superior  Coiirts  in  convention  for  such  purposes. — Anprov- 
ed  Dec.  29,  1847.     Pam.  195. 

46.  Whereas,  by  a  law  of  this  State,  the  Judges  of  the  Superior  ■ 
Courts  are  authorized  to    fix  and   establish  rules  of  practice  for  all 
the  Superior  and  Inferior  Courts  of  this  State  ;  and  whereas,  a  practice 
has  grown  up  within  a  few  years  past  of  some  of  the  Circuit  Judges 
establishing  rules  without  the  assent  and  concurrence  of  their  asso- 

*See  next  section  ;  also  ante.  sec.  39. 


462 


JUDICIARY. — Sup'r  and  Inf'e.  Courts — Juris diciioti. 


Judge's  charge  to  the  Jury — Analysis. 


ciates  in  office,  thereby  producing  a  want  of  uniformity  in  the  prac- 
tice, an  evil  which  requires  legislative  remedy  : 

Sec.  I.     Be  it  therefore  enacted,  That  ail  rules  of  practice  for  the 
Superior  or  Inferior  Courts  prescribed,  or  which  may  be  prescribed 
by  any  other  authorit)^  than  that  which  has  by  law  been  deputed  to 
Convention,  g^}}  ^j^g  Judgos  of  the  Superior  Courts  of  Georgia  in  Convention,*  be 
and  the  same  are  hereby  declared  to  be  null  and  inoperative. 


Rules  of 
pr.tctice 
irt->perative, 
iinles"^  pre- 
scribed by 


An  Act  to  prevent  Judges  of  the  several  Superior  Courts  in  this  State 
from  'inaklng  certain  charges  or  giving  their  opinions  to  or  in  hear- 
ing of  the  Jury,  and  to  define  the  same  as  error. — Approved  Feb. 
21,  1S50.     Pam.  271. 


Judge  must 
n)t.  express 
«i  pi  II  ion  on 
tiic  fact3. 


Error. 


47.  Sec.  I.  Be  it  enacted,  That  from  and  after  the  passage  of 
this  Act,  it  shall  not  be  lawful  for  any  or  either  of  the  Judges  of  the 
several  Superior  Courts  of  this  State,  in  any  Court,  whether  civil  or 
criminal,  or  in  Equity,  during  its  progress,  or  in  his  charge  to  the 
Jury,  to  express  or  intimate  his  opinion  as  to  what  has  or  .has  not 
been  proved,  or  as  to  the  guilt  of  the  accused. 

48.  Sec.  II.     Should  any  Judge  of  said  Superior  Courts  violate 
the  provisions  of  the  first  section  of  this  Act,  it  shall  be  held  by  the 
Supreme  Court  for  Correction  of  Errors  in  this  State  to  be  reversed, 
and  a  new  trial  granted  in  the  Court  below,  with  such  directions  as~ 
they  may  lawfully  make. 

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


AET.  II.     JUEISDICTIOX.fi 

1.  CoMiiox  Law. 
2.  EaxJiTY,  AND  Equity  Piiactice. 

I.     COMMON  LAAV  JUEISDICTIOX. 


Sec.  49.  Jurisdiction  of  Superior  and  Infe- 
rior Courts. 
"  50.  Courts  of  Kecord. 
"  51.  Production  of  books  and  papers. 
*'  52.  Alijtnde  Statute. 
"  53.  Discover V' in  aid  of  suit. 
"  54.  Time  to  serve  notice  for  papers. 


Sec.  55.  Continuance. 
"  56.  Discovery  at  Law. 
*'  57.  Order  in  Vacation. 
"  58.  Non-resident  Plaintiffs. 
"59.  Extended  to  City  Courte. 
"  60.  Tune  to  ansv/er. 


*See  ante.  sec.  42. 

t As  to  concurrent  and  exclusive  jurisdiction  of  Superior  and  Inferior  Courts,  see 
«'  Constitution  of  Georgia,"  Art.  III.  Sec.  I. 

Eor  jurisdiction  over  particular  subjects,  see  folio vrin':;"  articles  under  this  title:  "  Citi- 
Eensliip,"  "Corporations  and  Change  of  Names,"  sec.  283;  "Habeas  Oorxius/'  "Parti- 
tion,"  "  Possessory  Warrant,'  "  Usury." 

As  to  rules  of  practice,  see  "Judges,  Sessions,  &c."  sec.  42,  43. 

For  Act  authorizing  the  'Inferior  Court  to  lay  out  new  militia  districts,  see  title 
"  Counties,"  sec.  19. 

For  jurisdiction  over  offences  by  slaves,  see  "  Slaves,  &c." 

To  establish  election  precincts,  see  "  Elections,"  sec.  50. 

To  grant  certain  charters,  see  "  Internal  Transportation,"  sec.  llS.  "Joint  Stock 
Companies,"  sec.  1.     Art.  X.  "Corporations,"  sec.  283  of  this  title. 


jl.J  As  to  jurisdiction,  see  4  Ga.  47,  572.    5  lb.  497,  527.    8  lb.  83,  143. 


JUDICIARY.— Sup'r  and  Lnf'r  Covrts— Jurisdiction— 1799.       463 


Jurisdiction — Production  of  books,  &;c. — Lost  jjapers. 


arts 


Judiciary  Act  of  16/A  Feb.  1799.— [For  title,  see  sec.  37.] 

POWERS    COMMON    TO    BOTH.* 

49.  Sec.  III.     The  said  Superior  and  Inferior  Courts,  shall  have  jurisdiction 
full  power  and  authority  to  hear  and  determine  all  causes  both  civil  %fln^\T' 
and  criminal,  of  which  they  shall  severally  have  jurisdiction,  accord- f^^""*^  ^'''' 
ing  to  the  Constitution  and  laws  of  this  State,  by  a  Jury  of  twelve 

men,  to  be  taken  from  the  County,  in  such  manner  as  shall  hereinaf- 
ter be  prescribed!  according  to  the  usages  and  customs  of  law.^ 

50.  Sec.  Y.     The   said  Superior  and  Inferior    Courts    shall    becoiirt.^of 
Courts  of  record,  and  have  power  to  administer  oaths,  and  exercise 

all  other  necessary  powers  appertaining  to  tlieir  jurisdictions  respec- 
tively, according  to  lavv^ ;  and  where  any  of  the  said  Courts  shall  fail 
to  meet,  the  proceedings  in  such.  Courts  shall  not  thereby  be  discon- 
tinued, but  shall  stand  continued  over  in  the  same  manner  as  if  such 
failure  had  not  been  ;  and  all  witnesses  going  to,  attending  on,  and  witnosses 
returning  from  any  of  the  said  Courts,  shall  be  free  from  arrest  on  any  re°t/^'*"^  ^^' 
civil  process. J  - 

51.  Sec  VI.   The  said  Courts  shall  have  power  on  the  trial  of  causes  courts  may 
cognizable  before  them  respectively  on  ten§  days'  notice,  and  proof  p3c\i!ln 
thereof  being  previously  given  to  the  opposite  party,  or  his,  her,  or  jJ^^'^'^^J;  ^^^^ 
their  attorney,  on  motion  to  require  either  party  to  produce  books  and  ^"^i- 
other  writings,  in  his,  her,  or  their  possession,*!!  power  or  custody, 
which  shall  contain  evidence  pertinent  to  the  cause  in  question,  under 
circumstances  v/here  such  party  might  be  com.pelled  to  produce  the 

same  by  the  ordinary  rules  of  proceeding  ni  Equity  ;  and  if  the  plain- 
tiif  shall  fail  or  refuse  to  comply  with  such  order,  it  shall  be  lawful 
for  the  Court  on  motion  to  give  judgment  against  such  plaintiff  as 
in  case  of  nonsuit ;  and  if  the  defendant  shall  fail  or  refuse  to  com- 
ply therewith,  the  Court  on  motion  shall  give  judgment  against  such 
defendant  as  in  case  of  judgment  by  default  f  and  the  said  Courts 
respectively  shall  have  power  and  authority  to  establish  copies  of  lest  Andsstjib- 
papers,  deeds,  or  other  v/ritings,  under  such  rules  and  precautions  as  lost  papcrl ' 
are  cr  may  have  been  customary  and  according  to  Law  and  Equity.''^'* 


An  Act  declaratory  of  the  f fly-third  section  of  an  Act,  entitled  an  Act 

*This  title  applies  only  to  this  Act. 

For  special  pcwers,  granted  the  Superior  Courts,  by  this  Act,  to  grant  new  trials  and 
writs  of  certiorari,  see  tuose  subdivisions,  respectively. 

tSec  Article  XIII.  "Juries."       .  - 

JFor  Acts  in  relation  to  witnesses,  their  fees,  &c.  see  "Evidence,"'  sec.  31. 

^But  see  Act  of  18 i  I,  sec.  oi,  prescribing  the  time,  according  to  cUstance. 

*(iAs  to  subpcana  duces  tecum,  for  persons  not  parties,  see  "Evidence,"  sec.  33.  Same 
powers  extended  to  Courts  of  Equity,  see  sec.  67. 

**See  "  Conveyances,"  sec.  18,  as  to  papers  lost  during  the  war. 

[1.]  A  motion  or  case  cannot  originate  and  be  determined  in  vacation,  except  where  au- 
thority is  expressly  given.  But  by  rule  during  term,  the  hearing  and  detcruiining  a  case 
may  be  in  vacation.     1  Kellfj,  300. 

[2. J  Docs  not  apply  to  E equity  causes.  7  Ga.  457. 


464        JUDICIARY — Sup'rand  Inf'r  Courts — Jurisdiction — 1820. 

Aliunde  Statute — Notice  to  procUice  papers. 

to  amend  an  Act.  entitled  an  Act  to  revise  and  amend  the  Judiciary 
of  this  State,  passed  16th  February ^  1799. — This  Act  passed  Dec. 
21st,  1820.     Vol.  lY.  203. 

Preamble.  52.  Whcreas,  tliG  Said  recited  section  is  in  the  words  following, 
to  wit :  that  the  Superior  Courts  in  the  sev^eral  Counties  shall  exer- 
cise the  powers  of  a  Court  of  Equity,  in  all  cases  where  a  Common 
Law  remedy  is  not  adequate  to  compel  parties  in  any  cause  to  dis- 
cover on  oath  all  requisite  points  necessary  to  the  investigation  of 
truth  and  justice,  to  discover  transactions  between  copartners  and 
co-executors,  to  compel  distribution  of  intestate  estates,  and  payment 
of  legacies,  to  discover  fraudulent  transactions  for  the  benefit  of  credit- 
ors, and  the  proceedings  in  all  such  cases  shall  be  by  bill,  and  such 
other  proceedings  as  are  usual  in  such  cases,  until  the  setting  down 
of  the  cause  for  trial ;  and  the  Co.yrts  shall  order  the  proceedings  in 
such  manner  as  that  the  same  shall  be  ready  for  trial  at  furthest  at 
the  third  term  from  the  filing  such  bill  inclusive,  unless  very  special 
cause  be  shown  to  induce  the  Court  to  continue  the  same,  which 
shall  not  extend  to  more  than  four  terms  ;  and  all  such  bills  shall  be 
read  and  sanctioned  by  one  of  the  Judges,  and  a  copy  thereof  served 
on  the  opposite  party  at  least  thirty  days  before  the  filing  of  such 
bill  in  Court ;  and  the  party  against  whom  such  bill  shall  be  filed, 
shall  appear  and  ansvrer  to  the  same  at  the  next  Court ;  and  if  he, 
she,  or  they  shall  fail  to  do  so,  the  facts  in  the  said  bill  shall  be  taken 
pi^o  con/esso,  and  the  Court  may  proceed  to  decree  as  to  justice  shall 
appertain ;  and  whereas,  under  the  construction  of  the  said  recited 
section,  the  Equity  side  of  the  Court  has  drawn  to  itself  exclusively 
all  cognizance  of  the  cases  in  said  section  enumerated,  even  when 
such  cases  depend  upon  aliunde  proof,  to  the  manifest  embarrassment 
of  justice  in  many  cases,  to  the  iujury  of  the  good  citizens  of  this 
State  ;  for  remedy  whereof, 
Pai-iio'.  enti-  Be  it  cnactcd,  That  from  and  after  the  passing  of  this  Act,  when- 
tot^onthe  cvcr  [iu]  any  of  the  cases  enumerated  in  the  before  recited  section, 
Lavvskreof  3-  plaintiff  or  complainant"  shall  conceive  that  he,  she,  or  they  can  es- 
i!Ui('<mrtin  tablish  his,  her,  or  their  claim,  v/ithout  resortinor  to  the  conscience  of 

all  casRS   fo  '  "  "  o  .       .  „ 

sue, and  not thc  defendant,  it  shall  and  may  be  lawful  for  every  such  plaintiil  or 
compelled  to  compiainaut  to  institute  his,  her,  or  their  action  upon  the  Common 
Equky.       Law  side  of  the  Court,  and  shall  not  be  held  to  proceed  with  the  forms 

of  Equity  ;^  any  law  or  usage  to  the  contrary  notwithstanding. 
Those  AvJio  ^^-  ^^c.  II.  All  partics  in  any  of  the  cases  mentioned  in  the  be- 
niiiy  have  {q^q  recitcd  scctiou,  after  the  commencement  of  the  action  at  Com- 
suK  atccra-mon  Law,  may,  during  the  progress  of  said  suit,  file  his,  her,  or  tnen* 
e^>titie.rto' .  biilf  for  the  discovery  of  testimony  in  aid  or  defence  of  his,  her,  or 
iSiU}  by  their  Common  Law  action,  in  all  cases  where  the  same  may  be  ne- 
hiii,  &c.      cessary, 

f  By  Act  of  1817,  discovery  also  may  bo  had  at  Common  Law,  sec  sec.  5Q. 

(1.)  This  Statute  considered  and  construed  in  T/ie  Justices  <§•?.  for  the  use  of  Davis  vs. 

Ilcjiip/icll.    9  Ga. 


JUDICIARY.— Sup'r  and  Inf'r  C'ts-— Jurisdiction— ^ 8 Al-'A7.     40.^ 

Notice  to  produce  papers — Discover^'  at  Common  Law, 


An  Act  to  alter  and  amend  the  sixth  section  of  the   Judiciary  Act  of 
this  State,  passed  ifi  the  year  seventeen  hundred  and  ni7iefy-ni?ie,  so     > 
far  as  relates  to  the  notices  provided  for  in  said  section  ;  and  to 
prescribe  the  mode  of  issuing  scire  facias^  in  certain  cases  therein 
provided  for. — xlssented  to  Dec.  11,  1841.     Pam.  142. 

5L  Sec.  I.     Be  it  enacted,  That  from  and  after  the  passing  of  Notice  t.-. 
this  Act,  that  the  time  allowed  for  the  service   of  notices  requiring  ^'^J'f^  ^'^' 
the  production  of  books,  papers,  or  other  writings,  to  be  used  as  evi-  sened. 
dence  upon  the  trial  of  any  cause  cognizable  before  the  Superior  or 
Inferior  Courts  of  this  State,  as  provided  for  in  the  sixth  section  of 
the  Judiciary  Act  of  seventeen  hundred  and  ninety-nine,  shall  be  as 
follows,  to  wit :  if  the  mrty  notiiied  reside  in  the  County  where  said  lo  ^w^  '" 

-       •  T  in    11  -r  n  •  -\      r^  i  the  CoiUirv. 

suit  is  pending,  shall  be  ten  days  ;  ii  out   oi   said  County  and   not  i5,  within 
more  than  one  hundred  miles  distant,  fifteen  days  ;  if  over  one  hun-  20,  belnxvn 
dred  miles  and  less  than  two  hundred,  twenty  days ;  if  two  hundred  ,^nne?"'^  ^'"'' 
miles  or  more,  or  beyond  the  limits  of  this  State,  sixty  days.  uie^statT^"^ 

55.   Sec.  II.     In  case  of  the   service  of  any  notice  as  aforesaid,  continuiinco 
where  it  shall  be  made  clearly  and  satisfactorily  to  appear  to   the 
Court  before  which  the  cause  is  pending,  that  the  party  notified  has 
used  due  and  proper  diligence,  but  cannot  respond  to  said  notice,  that 
it  shall  be  continued  at  the  instance  of  the  parties  notified.  • 

Sec.  III.     [As  to  sa. j^z.  to  maLe  parties,  see  ''Commencement, 
&c.  Scifa.  sec.  76. J 

Sec.  IV.     [Repealing  clause.] 


An  Act  to  authorize  parties  to  compel  discoveries  at  Common  Law. 
Approved  Dec.  17,  1847.     Pam.  197. 

56.   Sec.  I.     Be  it  enacted,  That  from  and  after  the  passage  of  Discovery 

.  .  .  in  ay  be  ha4 

this  Act,  that  any  party  plaintiff  or  defendant  in  any  action,"^  at  Com-  at(^ora.iion 
mon  Law,  pending  in  any  Superior  or  Inferior  Court  of  this  State,  ^^^^' 
wishing  a  discovery  from  the  adverse  party,  to  be  used  in  evidence 
at  the  trial  of  such  action,  may  file  written  interrogatories  to  sMoh  in^f^^^f^ga^t^* 
party,  and  call  upon  him  to  answer  the  same  in  solemn  form,  on  oath 
or  affirmation  ;  and  if,  upon  such  interrogatories  being  filed,  it  shall 
appear  to  the  Court,  by  the  oath  of  the  party  filing  the  same,  or 
otherwise,  that  answers  to  such  interrogatories  will  be  materiaP  evi-  order, 
dence  in  the  cause,  and  that  the  interrogatories  themselves  are  per- 
tinent, and  such  as  the  adverse  party  would  be  bound  to  answer  up- 
on a  bill  of  discovery  in  a  Court  of  Chancery,  the  Court  shall  allow 
such  interrogatories,  and  shall  make  an  order,!  requiring  the  adverse 
party  to  answer  the  same  in  writing,  and  in  solemn  form,  on  his  oath 

*As  to  discovery  of  usiiry,  see  Art.  XXII.  "Usury,"  sec.  454. 
fin  vacation,  if  necessctry,  sec.  57. 

[1.]  Need  not  o.'^^Qds  indispcma,Uc.  7  Ga.  3S7.    The  order  should  recite  on  what  evidence 
granted,  lb. 

59  • 


4M     JUDICIARY.— Sup^i  and  Inf'r  C'Ts—Jurisdictioyi—lSAT-'oO. 

Discovery  at  Common  Law, 

Answer.      OF  affirmation ;  ^  and  the  answer  to   such  interrogatories,   being  §9 
given  and  filed,^  shall  be  evidence  at  the  trial  of  the  cause^  in  th^ 
same  manner,  and  to  the  same  purpose  and  extent,  and  upon  the 
same  condition,  in  all  respects,  as  if  the  same  had  been  procured  up- 
on a  bill  in  Chancery  for  discovery,  but  no  further  or  otherwise. 
Faiiins,  or    And  if  the  party  to  Avhom  interrogatories  shall  be  so  propounded,  and 
el5lv"yf    who  shall  be  so  required  by  the  Court  to  answer  the  same,  shall  in 
wia  ^i^h    si^^y  days  after  notice  and  copy  of  such  interrogatories  served  on 
him,  fail  to  make  answer  in  manner  aforesaid,  or  shall  answer  the 
same  evasively*  the  Court  may  attach  him  and  compel  him  to  answer 
in  open  Court,  or  it  may  continue  the  cause,  and  require  more  direct 
or  jiive  jud?- and  explicit  answers  ;  or  if  the  party  to  whom  such   interrogatories 
tuiL^^'^"^"  shall  be  propounded,  be  defendant  in  the  action,  it  may  set  aside  his 
plea  or  pleas,  and  give  judgment  against  him  by  default ;  or,  if  the 
plaintiff,  may  order  his  suit  to  be  dismissed  with  cost ;  as  shall   in 
the  discretion  of  the  Court,  be  deemed  most  just  and  proper ;  Pro'- 
PfoWso.       vidsd,  That  nothing  in  this  Act  contained  shall  preclude  any  party 
to  such  action  from  exhibiting  his  bill  in  Chancery  for  discovery 
touching  the  same  matters. 


'© 


Afi  Act  amendatory  of  a)i  Act  assented  to  on  the  17th  December y 
1847,  Qiitiflcd  an  Act  to  aythorize  parties  to  compel  discoveries  at 
Common  Laic. — Approved  Feb.  23,  1850.     Pam.  151. 

nrAotmoY  57.  Sec.  I.  Bc  it  cnacicd,  That  from  and  after  the  passage  of 
vacat'iun.^'^this  Act,  wheucver  any  party  plaintiff  or  defendant  in  any  action  at 
Common  Law  pending  in  any  Superior  or  Inferior  Court  of  this  State, 
shall  wish  to  avail  himself  or  herself  of  the  provisions  of  the  Act  as- 
sented to  on  the  17th  December,  1847,  entitled  '•  an  Act  to  authorize 
parties  to  compel  discoveries  at  Common  Law,"  it  shall  and  may  be 
law^ful  for  such  party  to  make  out  and  present  his  or  her  interroga- 
iorie.?  to  the  Court  in  which  such  action  is  or  may  be  pending,  to  the 
Judge?  of  thjQ  Superior  Court  or  a  Justice  of  the  Inferior  Court  in  va- 
cation^ and  when  such  interrogatories  are  presented  in  vacation, 
and  m'e  allowed  by  such  Judge  or  Justice,  the  said  Judge  or 
Justice  shall  iixake  and  grant  an  order  requiring  the  adverse  party  to 
answer  the  same  in  writing  in  solemn  form  on  oath  or  affirmation, 
"which  order,  together  with  said  interrogatories  shall  be  returned  to 
the  Clerk  of  the  Court  in  which  such  action  is  pending,  and  shall  be 
fiied  in  his  office,  and  the  said  order  shall  be  as  good  and  effectual  to 
compel  the  discover}^  sought  for  as  if  the  §ame  had  been  granted  in 
Court— any  law,  us^-ge  or  custom  to  ithe  contrary  notwithstauding.f 
.^^ofl-rosi-  5S.   Sec.  IL     When  the  plaintiff  in  any  cause  shall  reside  out  of 

.fl»^nl  plain-      .^         /-,  j_        •  1-11  .  IT-  •  r 

^.iffd.  the  County  m  which  the  action  may  be  pending,  a  service  ot  a -copy 

*Tinie  given  to  answer  in  certain  cases,  see  sec.  60. 

tlte-enaeted,  substantially,  by  same  Legislature  ;  see  "Evidence,"  Art,  I.  Interrogato- 
ries, sec.  16.  ,  , 

[1,]  The  answers  should  be  such  as  required  to  a  bill  of  discovery.   6  Ga,  250. 
(2.)  A  party  may  file  hiy  answers  undar  protest  and  requu.-e  the  Comt  to  decide  whether 
they  shall  be  read.  7  Ga.  377. 


JUDICIARY.— Sup'r  and  Inf'r  C't^— Equity,  ^-c— 1790.         467 


Time  to   answer — Equity,  Powers  and  Practice. 


o'said  interrogatories  and  order  upon  the  attorney  of  the   plaintilf 
shall  be  sufficient  service  on  such  plaintiff. 

59.  Sec.  III.     The  provisions  of  the  Act  amended  by  this  Act  Etrcn.icd  to 
anl  of  this  Act  shall  be  applicable  to  the  Court  of  Common  Pleas  of  ^'^^ 

the  City  of  Augusta  and  to  the  Court  of  Common  Pleas  and  Oyer 
and  Terminer  of  ii\Q  City  of  Savannah. 

60.  Sec.   lY.  Where  it  shall  be  male  to  appear  to  the  Court  that  Time  to  an 
th3  time  allowed  for  the  answer  to  the  interrogatories  to  come  in  shall 

from  .-my  cause  not  be  sufficient,  the  Court  may  allow  such   further 
time  as  the  circumstances  of  the  case  may  require. 


2.  EaUITY  JUmSDICTION  AND  PRACTICE.* 


Sc^.  61.  Equity  Jurisdiction. 

"     62.  Perpetuating  testimony. 

'•     63.  Sanctioning  of  bills. 

"     61.  Bill  by  one  distributee. 


Sec.  Q>o.  Service  by' publication. 
"     G;3.  Djoree  for  spcjiac  performance. 
"     67.  Production  of  books  and  papers. 


Judiciary  Act  of  Wth  Feb.  1799. — [For  Act  in  full,   see  Appendix.] 

61.   Sec.  LIILf  The  Superior  Courts  in  the  several  Counties  shall  J^^;^;^]^);^ 
exercise  the  powers  of  a  Court  of  Equity,  in  all  cases  where  a  Com- tiie  supenor 
mon  Law  remedy  is  not  adequate^  to  compel  parties  in  any  cause   to 
discover  on  oath  all  requisite  points  necessary  to  the  investigation  of 
trath  and  justice,  to  discover  transactions  between  copartners  and  co- 
executors,  to  compel  distribution  of  intestate  estates,  and  payment  of 
legacies,  to  discover  fraudulent  transactions  for  the  benefit  of  creditors, 
and  the  proceedings  in  all  such  cases,  shall  be  by  bill,  and  such  other 
proceedings  as  are  usual  in  such  cases,  until  the  setting  down  of  the 
cause  for  trialt  and  the  Courts    shall  order  the  proceedings   in  si?ch  ^^y^^^^  ^^„^. 
manner  as  that  the  same  shall  be  ready  for  trial  at  farthest  at  the  third  ^^  to  si  lad, 
term  from  the  filing  such  bill  inclusive,  unless  very   special  cause  be  i>iiis  tiow 
shov/n  to  induce  the    Comt  to    continue  the  same,    which  shall  not 
extend  to  more  than  four  terms ;  and  all  suoli  bills  shall  be  read  and 
sanctioned  by  one  of  the  Judges, §  and  a  copy  thereof  serv8d||  on  the 
opposite  party  at  least  thirty  days  before    the  filing  of  such  bill  in 


jrvetL 


*For  various  Acts  in  relation  to  writs  of  Injunction  and  JX^e  Exeat,  see  Art.  V.  "Cer- 
tioraries,  Injunctions,  &c."  sec.  21o. 

By  Act  of  1830,  Pam.  57,  Masters  in  Chancery  v/ere  appoirited  for  Cliatbam,  Rich- 
moud  and  l)ibb  Counties;  by  Act  of  1838,  Pam.  155,  for  Burke  and  Monroe,  and  hj 
Act  of  184-2,  Pam.  8>?,  for  IlaU,  Franklin  and  Habersham  Counties;  and  by  Act  of  1850, 
Pam.  270,  for  ^luscogcc,  Talbot  and  Stewart. 

fConcurrent  jurisdiction  given  to  the  Courts  of  Law,  see  sec.  52.  Also  to  compel  dis- 
covery, sec.  58. 

:J:See  note  to  sec.  151,  under  "Appeal,"  as  to  Jury   trial  and  appeals  in   Equity  cases. 

6But  see  sec.  63. 

I;]  Service  by  publication,  see  sec.  65;  service  on  "  Corporations,"  see  subdivision 
"Commencement,  &c.  Action,"  sec.  80. 


(1.)  In  cases  of  account,  see  1  Kelly,  376.    7  Ga.  208:  8  Ga.  97.     May  grant  ncv  trials  in 
Common  Law  Coaits,  6  Gcu.  172.     The  Judgo  alone  is  Chancellor,  8  Ga,  41. 


463     JUDICIARY.— Sup'r  and  Inf'r  C'ts— Equity,  Src. --1827 -'3Q. 

Perpetuating  testimony — Sanction  of  bills — Parties  to  bills  of  account,  &c. 

Aii.^wer.      Court  ]^  and  the  party  against  whom  such  bill  shall  be  filedj  shall  ap- 

^mfc^sl"^    pear  and  answer  to  the  same  at  the  next    Court  f  and  if  he,  she,  or 

they  shall  fail  to  do  so,    the  facts  in    the  said  bill  shall  be   taken  pro 

confesso,  and  the   Court  may   proceed  to  decree'^  as  to  justice  shall 

appertain. 

Judges  may      52.     Sec.  LIX.     [The  first  part  of  this  section  directinar  the  annu- 

nGri^tii3.tG 

te^itjinonyw  al  couveution  of  the  Judges,  repealed,  Vol.  11.  .38,  and  in  part  re-en- 
acted in  1821.  See  sec.  42.]  And  the  said  Judges,  or  any  of  them, 
shall  have  power  to  perpetuate  testimony  on  such  terms  and  in  such 
manner  as  is  usually  practised  in  Courts  of  Equity.* 


A?i  Act  to  repeal  a  part  of  an  Act.  entitled  aii  Act  to  revive  [revise] 
and  amend  the  judiciary  system  of  -this  State  passed  on  the  16th 
day  of  Feb.  1799.— Approved  Dec.  24,  1827.     Yol.  lY.  219. 

Equity  b!!i3       63.     So  much  of  the  said  above-recited  Act  as  requires  the  Jud2:es 

iiccil  not  liQ 

smctioned,   of  tlic  Supcrior  Courts,  or  one  of  them,  to  read  and  sanction  bills  in 
limctlv.ni      Equity  other  than  bills  of  injunction,^  ?ie  ex e at f  and  qida  ttmet,    be- 
And  ne'^cat.  ^^I's  tlic  filing  of  Said  bllls  in  Court,  shall  be,  and  the  same  are  hereby 
rcDealed.  '  . 


An  Act  to  authorize  anyone  distributee  or  'person  interested  in  an 
estate,  to  institute  proceedings  in  Equity,  uniJioiU  joining  as  corn- 
pflainants,  or  making  respondents,  other  distributees  residing  in  the 
jurisdiction  of  the  Oo?^!-— Approved  Dec.  29,  1836.     Pam.  158. 


cv'I'n/rr  di--     ^'^'     ^rom  and  after  the  passage  of  this  Act,  it  shall  and  may  be 
tfihuti.m      lawful,  for  any  one  distributee,  or  person  interested  in  any  estate,  to 

uecd  not 

j.>inanpar-  iustitutc  his  or  her  bill,  or  other  proceeding  in  Equity,  to  compel  an 
eiT '"''^'^''^"  account  or  distribution  of  an  estate,  without  joining  as  complainants, 
or  making  respondents,  the  other  distributees,  or  persons  having  an 
interest  in  said  estate,  residing  within  the  jurisdiction  of  the  Court  : 
Proviso.  Provided,  however,  it  shall  be  the  duty  of  such  complainant,  to  state  in 
his  or  her  bill,  or  other  equitable  proceeding,  the  names  of  all  the  dis- 
tributees, or  persons  having  an  interest  in  said  estate,  that  the  Court 
may  be  enabled  to  ascertain  the  amount  of  the  distributive  share,  to 
which  such  complainant  is  entitled,  as  nearly  as  practicable. 

*But  sec  "EAddence,"  sec,  7,  as  to  taking  testimony  de  bene  esse. 
fSce  Art.  Y.  "  Certioraries,  Injunctions,  Ne  exeat,  &c.,"  sec.  215. 

(I.)  May  be  served  by  a  private  individual,  5  Ga.  251.  The  defendant's  name  being  omit- 
ted in  the  subpoena,  does  not  vitiate  it,  Ibid. 

(2.)  Answer  by  corporation,  Z  Kelly,  435;  next  after  that  to  which  the  bill  is  returned,  8 
Ga.  107. 

(3.) Decree  need  not  recite  pleadings,  3  Kelly,  121 ;  may  be  enforced  by  ca.  sa,  Ibid;  can- 
not be  made  by  Judge  in  vacation,  3  Ibid.  162. 

As  to  amendments  in  Equity  Pleading,  see  8  Ga.  313. 

A  decree  by  consent  is  valid,  8  Ga.  354. 

[4.j  The  affidavit  of  one  of  several  complainants  sufficient.  3  Kelly,  435, 


JUDICIARY.— Sup'r  and  Inf'r  C'ts— E quit j/,  Src.—lS3S-'50.      469 

.  .  — — — — — — •' — *f  •  '•■    '       "  ■ 

Publication — Specific  performance — Ilights  of  strangers. 

An  Act  to  regulate  thQ  publication  of  rules,  lorits,  hills,  orders,  andi 
precepts  of  Court,  relative  to  cases  in  Eciuity^  to  fix  the,  cost  there- 
of and,  to  amend  certain  defects,  6fc, — Assented  to  Dec.  29,  1838. 
Pam.  168. 


65.   Sec.  L     When  service   of  any  process,  writ,   bill,  order,  or  Publication 
rule  of  Court,    relating    to    cases  in    Equity,  shall  be  required  to  be  montii  for  4 
made  by  publication  in  any  of  the  public  gazettes  of  this  State,  theSn'L'^'^^ 
publication  of  the  same  as  aforesaid,  once  a  month,  for  four  months, 
shall  be  deemed,    held,    and  taken   to  be   sufficient,*  and  the    Clerk 
shall  receive  for  such  publication,  the  sum  of  five  dollars.^ 

Sec.  It.     [Defects  in  process,  see  "  Commencement,  &c.  Action," 
sec.  73.] 

Sec.  hi.     [Declaration  in  attachment,  see  "Attachment,"  sec.  52.] 

Sec.  IV.     [Repealing  clause.] 


An  Act   regulating  proceedings  in   Equity. — Assented    to  Dec.  23, 

1839.     Pam.  141. 

66.   Sec  I.     Be   it   enacted.    That  when    a   complaining    party  r)<.rroe  on 
seeks,  through  a   Court    of  Equity,    the  specific    performance  of  an  ei'^c  poJ.^^'®' 
agreement  to  convey  land,   and  a   Jury   shall  find  in  favor    of  the  ''^^^«'i«ce- 
com.plaining  party,  it  shall  be  the  duty  of  the  Court  to  cause  the  de- 
scription of  the  land  to  be  set  forth  in   the  judgment   of  the  Court, 
and  signed  by  the  attorney    of  the  complainant,  which  judgment 
shall  be  entered  on  the  records  of  the   Court,  (if  for  land,)  and  shall 
be  recorded  in  the  County  where  the  land  lies  ;  which  judgment  and  Recorded, 
decree  shall  pass  the  title  without  any   act  to  be  done  by  the  defend-  ^'^"""^^  '^'"^' 
ant,  and  such  judgment  or  decree  having  been  recorded,  shall  be    as 
effectual  to  transfer  the  property  as  the  deed  of  the  defendant :  Pro- 
mded,  that  the  said  judgment  or  judgments  shall  not  affect  any  per- Ri^iits  of 
son  except  the  party  or  parties  to   said  bill,  further  than  the  deed  of^J[^^^'' 
the  defendants  would  have  done,  if  executed    in  pursuance  of  said 
decree  ;  and  as  decisive  of  the  title  as  if  the  complainant  had  recov- 
ered in  ejectment,  and  a   writ  of  possession  shall  issue  as  in  case  of  writ  ef  pos- 
a  recovery  in  ejectment,  when  the  defendant  to  the  bill  is  in  posses-  ■^'■^^^''»- 
sion.f 


An  Act  to  amend  an  Act  entitled  an  Act  '•  to  amend  an  Act  entitled 
an  Act  to  revise  and  amend  tJic  Judiciary  system  of  this  State,^* 
and  also  to  amend  an  Act  entitled  ''  an  Act  to  alter  and  amend  the 
sixth  section  of  the  Judiciary  Act  of  this  State,''''  passed  in  the  year 

*As  to  service  of  an.  Injunction  on  a  non-resident,  see  Art.  V.  "  Certioraries,  Injunc- 
tions, &c."  sec.  221. 
tAs  to  writs  of  possession,  see  Art.  III.  *«  Action,"  sees.  173,  181. 

(1.)  It  must  be  four  full  months  and  once  in  each  month,  3  Kelly,  23. 
The  effect  and  object  of  this  Act  as  to  non-resident  defendants  considered,  5  Ga.  507. 


470 


JUDICIARY.— Sup'r  and  Inf'r  C'ts— Action— 1799. 


1 


Books  &c. — Petition  and  process. 


1799,  SO  far  as  relates  to  the  notices  provided  for  in  said  section^ 
and  to  prescribe  the  mode  of  issuing  scire  facias  titer ci7i  provided 
for. — Appro \Aed  Jan.  29,   1850.     Pam.  273. 


Introdiintion 
of  bmiks  and 
papers. 


67.  Sec.  I.  Be  it  enacted^  That  the  provisions  of  the  above 
mentioned  Acts*  in  relation  to  producing  books,  writings,  papers,  &c. 
shall  extend  to  causes  in  Equity  in  the  same  manner  in  every  respect 
as  they  now  extend  to  and  embrace  any  other  causes  ;  Provided ^ 
That  nothing  herein  contained  shall  be  construed  to  restrain  the  pow- 
ers of  Com1s  of  Equity  to  effect  the  same  object  by  other  means. 


AET.  in.  ACTION. 

1.  Comme>'cemt;nt — Abatement  a>t)  Dismissal — Sciea  to  make  parties.  Sec.  68. 

2.  Bail  in  Civil  Cases.    Sec.  S-i. 

3.  Parties.     Sec.  100. 

4.  Pleadings  and  Proceedings  pending  Action,  and  herein  of  Amendmecs't, 

Areitration — Set-off,  etc.     Sec.  105. 

5.  Verdict — Judgment — Stay  op  Execution,  and  Appilvl.     Sec.  131. 

6.  New  Trials.     Sec.  157. 

7.  Costs  in  Civil  Cases.    Sec.  "160. 

8.  Execution — Illegality — Sale  and  "VYrit  of  Possession.     Sec.  170. 


COMMENCEMENT,   ABATE3IENT  AND  DISMISSAL  OF  ACTION  ,'     SCI.   FA.  TO 

MAKE  PARTIES.f 


Sec.  68.  Petition  and  process. 
"     69.  Co-ohligors  and  promisors. 
<'    70.  Execntcr  and  administrator  exempt 

12  months, 
"     71.  How  made  parties, 
*'     72.  Process  served  17  days. 
**     73.  Process — Judpje  dying. 
"     74.  Officers  of  adjoining  Connty. 
"     75.  Process — Sheriff  a  party. 


Sec.  76.   Sci.  fa.  to  make  parties. 

*'     77.  Administrator  (ie  if  7r/5,&c.  a  party. 

"     78.  Filing — commencement. 

'•     79.  Dismissal  in  vacation, 

"     80.  Service  on  corporations. 

*'  -"81.  Service  of  .sci /a. 

"     82.  Time  of  issuing. 

"     83.  Tort — producing  death. 


Judiciary  Act  of  16th  February^    1799. — [For  title,   see  sec.    37.] 


Petition  and 
proceas 


68.  Sec.  YIII.  All  suits  of  a  civil  nature  cognizable  in  the  said 
Courts  respectively,  shall  be  by  petition  to  the  Court,  which  petition 
shall  contain  the  plaintiff 's  charge,  allegation  or  demand,  plainly,  fully 


*See  sees.  51,  56. 

fPor  Acts  in  relation  to  suits  against  representatives  of  deceased  obligor,  with  survi- 
vor o»  survivors,  see  "Parties, '  sec.  100.  Also,  as  to  sureties  on  executors',  adminis- 
trators' and  guardians'  bonds,  sec.  101. 

As  to  amendments   of  all  matters  of  form,  see  "Pleadings,"  &c.  sec    105,  10.9,    129. 

Suits  by  and  against  partners,  see  Art.  XIX.  "Partners,"  &c.  sec.  412,  426.  Against 
sureties  and  indorsers  who  appear  such,  see  Art.  XXI,  "  Sureties  and  Indorsers,"  sec. 
447,  451. 

As  to  count  for  mesne  profits,  in  ejectment,  see  "  Pleadings  and  Proceedings  pftnd- 
ing  Action,"  sec.  115 — For  Act  defming  the  residence  of  citizens,  see  Art.  YI.  "  Cit- 
izenship and  Hesidence,"  sec.  242  of  this  title. 

As  to  suits  to  enforce  a  lien,  see  Art.  XIV.  "  Lien." 

As  to  revival  of  dormant  judgments,  see  "  Verdicts,  Judgments,"  &c.,  sec.  140,  156. 

As_  to  suits  by  foreign  executor,  aduiinisferato?  or  guardian,  see  title  "  Executors,  Ad- 
ministratorSi"  (S:c.,  132, 172. 


JUDICIARY.— Stjp^R  AND  Inf'r  C'ts— imoyz— 1799.  471 

Petition  and  process — Joint  obligors. 

■  — I 1 ' ' ' 

and  distinctly  set  forth, *^  and  be  signed  by  the  plaintiff,  or  his,  her  or 
their  attorne)^,  and  to  which  petition  the  Clerk  shall  annex  a  process,! 
signed  by  such  Clerk,  and  bear   test    in  the    name    of  one    of  the 
Judges  or  Justices  of  such  Court,  directed  to    the   Sheriff,    requiring 
the  defendant  or  defendants  to  appear   at  the   Court  to    which  the 
same  shall  be  made  returnable,  and  shall  be  served  on  the  dijfendant  to i>o  sonea 
or  defendants  at  least  twenty  days  J  before  the  return  thereof,  by  de-fi,reCoun" 
livering  a  copy  of  such  petition  and  process  to  the   defendant  or  de- 
fendants, or-leaving  such  copy  at    his,  her,    or   their  most  notorious 
place  or  places  of  residence.^      And  if  any  such  process  shall    be 
delivered  to  the  Sheriff  or  other  officer,  whose  duty  it  shall  be  to  ex- 
ecute the  same,  so  late  that  it  cannot  be  served  in  manner  aforesaid, 
twenty  days  J  before  the  sitting  of  the  Court  to  which  it  shall  be  return-  ^','^.[j^'j'® 
able,  such  process  shall  not  be  executed,  but  the  officer  shall  return 
the  same,  with  the  truth  of  the    case.     And   if  any   original   civil 
process  shall  be  taken  out  within  twenty  days  of  the  next  Court,  the 
same  shall  be  made  returnable  to  the  next  Court  to  be  held  after  the 
expiration  of  the  said  twenty  days,    and   not  otherwise.     And   all  ^^^  ^^^^^ 
process  issued  and  returned  m  any  other  manner  than  that  hereinbefore  lu-ocescs  void 
directed,    shall   be,  and   the  same  is  hereby  declared  to  be  null  and 
void.- 

Sec.  IX.     [Re-enacted  and  amended,  sec.  75.] 

69.  Sec.  XI.     In  all  cases  where  a  suit  shall  be  instituted  inany^^I""f.  .  . 
of  the  said  Courts,  on  any  bond,  note,  or  ether  written  obligation,  sub-  owifjor?,  or 
scribed  by  several  persons,   who  reside  in    different   Counties,    the  re-iding  in 
plaintiff  shall  have  his  option  to  institute  his  suit  in  either    of  the  cmTntS. 
said  Counties,  and  the  Clerk  shall  issue  the  original  petition  and  pro- 
cess, and  a  copy  or  copies  in  such  County,  agahist  the    defendant  or 
defendants  who  may  reside  therein,  in  the  manner  directed  by  this  Act; 
and  shall  also  issue  another  original,  and  copy  or  copies   thereof,  for 
the  defendant  or  defendants,  resident  in  other  County  or  Counties  ;  and 
it  shall  be  the  duty  of  the  plaintiff,  his  agent  or  attorney,   to    cause 
such  original  and  copies  to  be  delivered  to  the  Sheriff  or  other  officer 
in  such  other  County  or  Counties,  who  shall  execute  and  return  the 
same  to  the  Court  from  whence  they  issued,  in  such  manner  as    is 
hereinbefore  directed,  and  on  such  return  the  plaintiff  may  proceed 
as  in  other  cases.  || 

_  *See  subdivision  "Pleading,"  &e.  this  Art.  for  further  provisions  as  to  form   of  peti- 
tion and  answer. 

flf  process  is  waived,  need  not  be  attached,  see  "Pecs,"  &c.  sec.  49. 

^Seventeen  days,  by  Act  of  1829,  sec.  72. 

§As  to  what  constitutes  residence,  see  Art.  VI.  "  Citizenship  and  S,esidence,"  sec.  24:2. 

IJWhen  but  one  served,  see  sub-division  "Parties,"  of  this  Art.  sec.  103. 

As  to  pica  of  infancy  by  one,  see  "Pleading,"  &c.  sec.  112. 

As  to  suits  against  siu-eties  to  Administrators,  &c.  bonds,  see  "Parties,"  sec.  101. 

(1.)  On  a  note  for  rent,  omitting  the  words  "  of  a  store  house,"  is  not  fatal,  2  Kelly,  124. 
Rule  of  pleading  prescribed, 7i  2^38      Common  counts  in>gufficient,  3  Ih.  79. 
(2.)  Process  taken  out  more  than  twenty  days  before  Court,  but  altered  and  made  retm-na- 
ble  to  a  succeeding  term,  is  void.    6  Ga.  44. 


472        JUDICIARY.— Sup^R  and  Inf^r  C'ts— Action— 1799-1829. 

Executors,  &c.  parties — Death,  of  party — Service  of  process. 
EXECUTORS  AND  ADMINISTRATORS.* 

E\'r  and  70.  Sec.  XIL     No  suit  or  action  shall  be  issued  against  any  execu- 

niipt  troHi    tor  or  administrator 7  for  any  matter  or  cause  against   the  testator  or 
.waii2mos.  jntestatc  of  such  executor  or  administrator,  in  any  of  the  said  Courts^ 
until  the  expiration  of  twelve  months   after  probate  of  the  will  of 
such  testator,  or  letters  of  administration,  granted  on  the  estate   of 
such  intestate.f  ^ 
Frjit4  5i>aii        71.  And  no  suit  in  any  of  the  said  Courts  shall  abate  by  the  death 
Jeatlfof  pa^r-  of  cithcr  party,  where  such  cause  of  action  would  in  any  case  survive 
Ta'^npc^of  2-  to  the  executor  or  administrator,  whether  such  cause  of  action  would 
troH  sur-      survive  in  the  same  or  any  other  form,  but  the  same   shall   proceed 
as  if  such  testator  or  intestate  had  not  died,  under  the  restrictions  and 
regulations  following.^     When  a  plaintiff  shall  die,  in  any  case  afore- 
said, the  executor  or  administrator  of  such  plaintiff  shall,  within  three 
months  after  taking  out  probate  of  the  will,  or  letters  of  administra- 
Scire  facias,  tiou,  givo  notico  to  the  defendant  or  defendants,  by  scire  facias,J  to 
issue  out  of  the  Clerk's  office,  returnable  in  the  manner  hereinbefore 
prescribed  for  the  issuing  and  return  of  process  ;  and  in  cases  where 
the  defendant  shall  die,  it  shall  and  may  be  lawful  for  the  plaintiff  to 
issue  a  scire  facias  in  manner  aforesaid,  immediately  after   the  expi- 
ration of  twelve  months,  requiring  such  executor  or  administrator  to 
appear  and  answer  to  the  said  cause. § 
Feme  sole.       And  whcro  a  feme  sole,  being  plaintiff,  shall  marry  pending  any 
suit,  the  same  shall  not  abate  by  reason  of  such  intermarriage,    but 
the  same  being  suggested  on  the  record,   such  cause  shall  proceed  in 
the  name  of  the  husband  and  wife. 


An  Act  for  the  relief  of  SJieriffs  in  certain  cases — Approved  22d  De- 
cember, 1829.     Vol.  IV.  408. 

^V]lereas,  it  is  frequently  oppressive  upon  Sheriffs  to  serve  and 
return  all  writs  and  processes  within  the  time  prescribed  by  law  ;  for 
remedy  whereof, 

72.  Be  it  enacted,  That  from  and  immediately  after  the  passing  of 
this  Act,  it  shall  not  be  necessary,  as  heretofore,  for  the  Sheriffs  of 
this  State  to  serve  all  writs  and  processes  at  Common  Law  twenty  days 

*See  title  "  Executors,"  &c.  for  the  several  Acts  in  relation  to  them. 

tSec.  77,  as  to  administrator  dc  bonis  non. 

:|:Contents  of  scire  facias,  see  Act  of  1841,  sec.  76.  See  also  sec.  82. 

§For  other  provisions  as  to  making  executors  and  administrators  parties  in  particular 
cases,  see  sees.  77,  81,  this  title.  See  also  "Executors,  Administrators,"  &c.  sees. 
114,  118,92,  100. 

In  attachments  and  garnishments,  see  •'Attachment  and  Garnishment,"  sees.  8,  51, 
55. 

In  claim  cases,  see  Art.  VII.  "  Claims,"  &c.  sec.  255. 

(1  )  An  injunction  may  be  served  within  the  twelve  months,  where  no  recovery  is   sought 
against  the  administrator.    6  Ga.  299. 
(2  )  Action  of  debt  against  Sheriff  for  an  escape  survives  under  this  Act.     1  Kelly,  514. 
Action  survives  although  both  parties  be  dead.     2/6.  81. 
On  death  of  usee,  representative  should  be  made  a  party,  even  in  claim  cases.    3  lb.  \5^ 


I 


JUDICIARY.— Sup'r  and  Inf'r  C'ts— ^c/^ot;— 1838~M0.  473 

Service  of  process — Office  vacant  or  officer  interested, 

before  the  sitting  of  the  Court  to  which  the  same  may  be  made    re-  aJ^fJe^/^f 
trirnable,  but  the  same  may  be  served  and  returned  seventeen  days  serve  aii 
before  the  sitting  of  the  Court ;   Provided^  nevertheless^  that  all  writs  processos 
and  processes  shall  be  copied  and  issued,  as  heretofore,  tvv^enty  daysdaU'prcced' 
before  the  sitting  of  the  Court  to  which  the  same  may  be  made  re-  |"j„^dayf" 
turnable  ;  any  law,  usage,  or  custom  to  the  contrary  notwithstanding.  I'roviso. 


An  Act  to  regulate  the  P  uhlication  of  Rules  ^  W?its,  Bills,  Orders  and 
Precepts  of  Court,  relative  to  cases  in  Equity,  to  fix  the  cost  there- 
of and  to  amend  certain  defects  in  the  Process  of  Writs,  and  to 
jjrescrihe  the  'time  of  fling  Declarations  in  Attachments. — Assent- 
ed to,  20th  Dec.  1838.     Pam.   168. 

Sec.  I.     [See  Art.  11.  Equity  Jurisdiction  and  Practice,  sec.  65.1  Process  does 

73.   Sec.  II.    When  any  process  or  writ  shall  bear  test  in  the  name  of  death  li 
any  Judge  of  the  Superior  Courts  of  this  State,  who  shall  have  died  ^'^^^^' 
before  the  issuing  the  same,  said  writ  or  process  shall  not  abate  there- 
for, but  the  same  shall  at  any  time  be  amended,  on  motion,    without 
delay,  or  costs. 

Sec.  III.     [See  ''  Attachment,"  &c.  sec.  52.] 

Sec.  IY.     [Repealing  clause.] 


An  Act  to  authorize  the  Justices  of  the  Inferior  Court  for  tlie  several 
Counties  of  this  State,  to  elect  the  Clerk  oj  the  Court  of  Ordinary. — 
Assented  to,  Dec.  21,  1839.     Pam.   41. 

Secs.  1  &  11.     [See  ''  County  Officers,"  sees.  69,  70.] 

74.   Sec.  III.     And  be  it  farther  enacted.  If  any  County  shall  re- ^^/^^^'^J'J^,^ 
fuse  or  neglect  to  elect  a  Clerk  or  Sheriff,  for  sixty  days  after  a   va- ai)d  cierk  of 
cancy    shall  have    occurred  in  either  of     said  offices,    that   suitors  coumy^Lay 
aad  plaintiffs  may  apply  to    any  Clerk   or    Sheriff  of  an    adjoining '^^^ 
County,  and  have  the  required  duty  performed  by  them,  or  either  of 
them,  in  the  same  manner  as  a  Clerk   or    Sheriff  in   said  County 
might  have  done. 

Sec  IY.     All  Acts  or  parts  of  Acts  militating   against   this  Act, 
be  and  the  same  are  hereby  repealed. 


An  Act  to  alter  and  amend  the  9th  Sec.  of  the  Jndiciary  Act  of  1799, 
and  the  \st  Sec.  of  an  Act  relative  to  Executions,  passed  Dec.  14, 
1811.— Assented  to  Dec.  22,   1840.     Pam.   113. 

75.  Sec  I.  All  original  process  hereafter  issued  by  the  Clerks  of  wiiere  Firir 
the  Superior  and  Inferior  Courts  respectively,  where  the  Sheriff  who  coSr'or  ' 
aught  to  execute  the  same,  shall  be  anywise  interested,  shall  be  di- j^Sn^""^ ^*'' 
rected  to  the  Coroner  of  the  County  in  which  said  Sheriff  may  re-  ^H'"^^  ^^^ 
side,  and  to  the  Sheriffs  of  the  adjoining  Counties,  and  shall  be  ser- 
ved and  returned  by  the  said  Coroner,  or  the  Sheriff  of  any  one  of 
60         . 


474 


JUDICIARY.— Sup'r  and  Inf'r  C'TS—Acii&n—lSil-'AS. 


ScL  Jd. — Admiiristrator  de  bonis  non — Commencemeiit  of  suit. 


such  adjoining  Counties,  at   the  option  of  the  plaintiff,  within  such 
time  and  in  such  manner  as  required  by  law  in  other  cases.* 


An  Act  to  alter  and  amend  the  6th  sec.  ^'c,  and  to  iir escribe  the 
mode  of  issuing  scire  facias  i?i  certain  cases  the^i^eminovidedfor,-— 
Assented  to  Dec.  11,  1841.     Pam.  142. 


Secs. 

57 


see  ''  Jurisdic- 


I  &  II.     [As  to  notice  to   produce  papers, 
tion,"  secs.  54,  55.J 
'Sd.  fa.  to         76.   Sec.  III.     All  scire  facias  hereafter  to  be  issued  for  the  pur- 
B»d  9  par    s  ^^^^  ^^  making  parties  to  imy  suit  at  Law  or  Equity  pending  in  the 
Superior  or  Inferior  Courts  of  this  State,  shall  be  issued  by  the  Clerk 
Contents.     q{  q^{^  Court ;  in  which  it  shall  be  sufficient  for  said  Clerk  to   state 
the  names  of  the  parties,  the  term  of  the  Court  to  which  said   case 
was  made  returnable,  and  the  name  of  the  suit  or  action   requiring 
the  party  to  appear  and  show  cause  why  he  should  not  be  made  par- 
ty to  said  cause,  without  setting  forth   the    substance   of  the  bill   or 
declaration,  or  the  proceedings  had  thereoli,  as  heretofore  practised. 
Sec.  IY.     All  laws  and  parts  of  laws  militating  against  the    pro- 
visions of  this  Act,  be,  and  the  same  are  hereby  repealed. 


Adm*r  de 
bonis  lion 
made  a  par- 
ty- 


Proviso. 


An  Act  to  amend  the  tioclfth  section  of  an  Act  entitled  an  Act  to  re" 
vise  and  amend  the  Judiciary  system  of  this  State,  approved 
February  16,  1799.— Assented  to  Dec.  18,  1843.     Pam.  121. 

77.  Sec.  I.  Be  it  e7iacted,  That  from  and  immediately  after  the 
passage  of  this  Act,  in  all  cases  where  an  executor  or  administrator 
may  be  dismissed  before  final  administration,  it  shall  and  may  be 
lawful  to  commence  suit  against  the  succeeding  executor  or  admin- 
istrator for  any  matter  or  cause  of  action  against  the  testator  or  in- 
testate of  such  executor  or  administrator,  in  the  several  Courts  of 
Law  and  Equity  in  this  State  ;  Provided,  twelve  months  shall  have 
expired  after  the  probate  of  the  will  of  the  testator  or  the  date  of 
the  first  letters  of  administration. 


An  Act  to  define  and  determine  what  s/age  of  a  suit  at  Laio  shall  be 
regarded  the  commencement  of  action. — Assented  to  Dec.  23,  1843. 
Pam.  126. 


Whereas,  conflicting  opinions  exist  in  the  different  judicial  cir- 
cuits of  this  State  in  reference  to  what  stage   in  the  progress  of  a 
suit  at  Law,  is  the  commencement  of  action. 
Filing  of  the      78.   Sec.   I.     Be  it   therefore  enacted,  That    from  and   after  the 
?[)mmen(!l^-  passagc  of  this  Act,  the  filing  of  the  writ  in  office  shall  be  regarded 
-T^fr!,,'^^  *^^®  and  considered  the  commencement  of  action  ;  Provided,  it  shall  be 
the  duty  of  the  Clerk  to  enter  on  the  declaration  the  time  when  said 

*For former  Act  cm  ontMs  subject,  see  Art.  XYIL  "Officers  of  Court,"  sec.  379. 


JUDICIARY.— Si  p'r  and  Inf'r  C'TS—Actw7i—18A3~'A5.  475 

Dismissal  of  suit — Sen-ice  on  Corporations. 

declaration  is  filed  in  office  ;  to  which  entry  said  Clerk  shall  sign  his 
name. 

Sec.  II.  All  laws  and  pai'ts  of  laws  militating  against  this  Act 
be,  and  the  same  are  hereby  repealed. 

An  Act  to  enable  parties  'plaintiff  in  suits  commenced  iii  the  Superior 
and  Inferior  and  other  Courts  of  this  State,  to  dismiss  their  actions 
during  the  vacation  of  said  Courts,  on  the  saine  terms  they  are 
now  authorized^  to  dismiss  actions  at  the  regular  terms  of  said 
Courts. — Assented  to  Dec.  23,  1843.     Pam.  122. 

79.  Sec  I.  Whereas,  inconvenience  and  delay  frequently  occur 
by  reason  tliat  parties  plaintiff  who  commenced  suits  in  the  Superior 
or  Inferior  and  other  Courts  of  this  State,  cannot  dismiss  their  actions 
except  at  the  regular  terms  of  said  Courts, 

Be  it  therefore  enacted,  That  from  and  after  the  passage   of  this  Plaintiffs! 
Act,  parties  plaintiff  who  have  commenced,  or  may  hereafter  com-  S' vacatrn^^ 
mence  suits  in  the   Superior   or  Inferioi^  and  other  Courts   of  this 
State  be,  and  they  are   hereby  authorized  to  dismiss'  their  actions 
during  the  vacation  of  said  Courts,  on  the  same  terms  they  are  now 
authorized  to  dismiss  actions  at  the  regular  terms    of  said  Courts. 
Provided,  that  such  dismissal  shall  be  first  entered  on  the  docket  by  Entemi  by 
tlie  Clerk  of  the  Court  in  which  said  suit  may  be  pending,  during  '^^  ^  "^^ ' 
the  vacation  of  said  Court. 

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

An  Act  to  provide  for  the  service  of  original  process  upon  Corpora- 
tions. — Approved  Dec.  27,  1845.     Pam.  40. 

80.  Be  it  enacted,  That  from  and  after  the  passing  of  this  Act,^f,[^[J^,''.^f, 
service  of  all  bills,  subpoenas,  writs,  attachments,  and  other  original '^*;^'"'«"f' "«" 
process  necessary  to  the  commencement  of  any  suit  agamst  any  cor-  corpuiati«ns. 
poration  in  any  Court  of  Law  or  Equity  in  this  State  may  be  exe- 
cuted by  leaving  the  same  at  the  place  of  transacting  the  usual  and 
ordinary  public  business   of  said  corporation,  if  any  such  place  of 
business  there  shall  be  within  the  jurisdiction  of  the  Court  in  which 

said  suit  may  or  shall  b6  commenced  ;  and  if  any  corporation  shall 
not  have  any  such  place  for  the  transaction  of  its  usual  and  ordinary 
public  business,  then  by  leaving  the  same  at  its  last  notorious  place 
of  transacting  its  said  business,  and  publishing  a  copy  of  said  sub- 
poena, attachment  or  other  original  process,  in  one  of  the  public  ga- 
zettes of  this  State  for  the  space  of  three  months  ;  and  any  copy  of  ^.^p^  ^^ 
the  newspaper  containing  said  publication  shall  be  received  in  all  the  "^^^'' J^"" 
Courts  of  this  State  as  sufficient  evidence  of  such  service.* 

*For  mode  of  service  so  as  to  obtain  judgment  against  the  corporators  individually,  see 
Art.  X.  "  Corporations,"  sec.  276. 

_  [1.]  The  dismissal  of  a  suit  does  not  amount  to  a  retraxit.  6  Ga.  432.  The  party  cannot 
dismiss  after  the  verdict  is  published.  7  Ih.  191.  The  suit  may  be  dismissed  after  a  con- 
tinuance.   8  lb.  463. 


476 


JUDICIARY.— Sup'r  and  Inf'r  C'ts— Ac/fo?i— 1845-'50. 


Sci.  fa.  Avliere  there  are  several  par  ties — Action  for  Tort  by  Administrator. 


Wbe.re  seve- 
xjA  pjiriies, 
service  of 
sd.  fii.  on 
one  or  more, 
sufficient 
with  *'  nen 
tft,  ^c."as  to 
ttie  others. 


Time  of  is- 
st^inc  within 
the  discre- 
tion ot  the 
Uourt. 


An  Act  to  amend  the  ttoeljth  scciiori  of  the  Judiciary  Act  of  seventeen 

hundred  and  ninety-nine. — Approved  Dec.  27,  1845.     Pam.  40. 

> 

Whereas^  it  sometimes  happens  that  in  cases  where  scire  facias 
has  been  sued  out  against  several  parties,  the  same  cannot  be  returned 
served  upon  all  said  parties  by  reason  of  one  or  more  of  them  hav- 
ing removed  out  of  the  County  in  which  the  suit  was  pending,  or 
out  of  the  State;  and  whereas,  there  are  conflicting  decisions  in  the 
Courts  of  this  State  as  to  the  time  v/ithin  Avhich  scire  facias  should 
be  sued  out  to  make  the  legal  representative  or  representatives  of  de- 
ceased plaintiff,  parties.     For  remedy  whereof — 

81.  Sec.  I.  Be  it  enacted,  That  in  cases  where  there  are  sever- 
al parties  to  be  served  with  scire  facias^  and  any  one  pr  more  of  them 
reside  out  of  the  State  or  County  in  which  the  suit  is  pending,  a  ser- 
vice upon  those  residing  in  the  County  where  the  suit  is  pending, 
and  a  return  that  the  others  are  not  to  be  found,  shall  be  held  and 
considered  a  sufficient  service  and  return  to  authorize  the  making  of 
the  representative  or  representatives  of  such  deceased  plaintiff  or  de- 
fendant, as  the  case  may  be,  a  party  or  parties,  so  as  to  authorize  the 
original  suit  in  the  name  of  the  parties  so  made,  to  proceed  to  trial 
and  judgmeait  as  though  all  such  parties  had  been  served  with  scire 
facias. 

82.  Sec  II.  In  all  cases  where  the  representative  or  representa- 
tives of  a  deceased  plaintiff  are  to  be  made  parties  by  scire  facias, 
the  same  shall  issue  within  such  time  as  the  presiding  Judge  shall 
deem  to  be  reasonable,  under  the  circumstances,  and  the  presiding 
Judge  shall  in  all  cases  have  power  and  authority  to  give  such  time 
for  the  issuing  and  service  of  scire  facias  to  make  parties,  as  in  his 
opinion  may  be  necessary  to  promote  the  ends  of  justice. 

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


An  Act  to  authorize  certain  actions  at  Law. — Approved  Feb.  23^    • 

1850.     Pam.  272. 


Action  for 
tort  hy 
K(im'r,  &c 
ill  certain 
cases. 


83.  Sec.  I.  Be  it  enacted,  That  in  all  cases  hereafter  Avhere 
death  shall  ensue  from  or  under  circumstances  Avhich  would  entitle 
the  deceased,  if  death  had  not  ensued,  to  an  action  against  the  per- 
petrator of  the  injury,  the  legal  representative  of  such  deceased  shall 
be  entitled  to  have  and  maintain  an  action  at  Law  against  the  person 
committing  the  act  from  which  the  death  has  resulted — one-half  of 
the  recovery  to  be  paid  to  the  wife  and  children,  or  the  husband  of 
the  deceased,  if  any,  in  case  of  his  or  her  estate  being  insolvent. 


JUDICIARY.— Sup'r  and  Inf'r  C'ts— Action— 1799. 


477 


Bail  process — Affidavit — Sheriff's  duty. 


2.    BAIL    IN  CIVIL  CASES. 


=* 


Sec.  84.  Affidavit  for  Bail. 

"  85.  Sheriff's  duty — liability. 

"  86.  Proceedmgs  vs.  Bail. 

**  87.  Arrest  of  itinerant. 

"  88.  ijail  pend.  lite. 

'•  89.  Process  and  copy. 

"  90.  Time  of  execution. 

*♦  91.  Proceedinffs  on  arrest. 


Sec.  92.  Trial — several  defendants. 

"  93.  Jail  of  adjoining  County. 

"  94.  Jailers'  duty — security. 

'*  95.  Bail  in  trover. 

'*  96.  Bail  by  agent  or  attorney. 

"  97.  Attachment  and  Bail  on  Sabbath. 

"  98.  Bond  payable  to  plaintiff. 

"  99.  Bail  for  debts  not  due. 


Judiciary  Act  of  179-9.     Yol.  1.  292. 


84.  Sec.  XIII.     In  all  cases  where  bail  is  requirable,  and  the  fhair^nk- 
plaintiff  in  any  action  shall  require  bail,  such  plaintifff  shall  make '^^^'^  ^^  ^j^"^ 

^  f.      ■^  -r-,  -r-  r      -\         -r     r      •  amount  due, 

affidavit  before  any  Judge,  Justice  oi  the  Inienor  Court,  or  Justice 
of  the  Peace  within  this  State,  or  any  Judge  or  Justice  of  a  Superior 
Court  of  any  one  of  the  United  States,  shall  have  annexed  thereto 
the  seal  of  the  State  from  whence  it  shall  come,  and  a  certificate  of 
the  Governor  certifying  that  the  person  taking  such  affidavit  is  one 
of  the  Judges  or  Justices  of  a  Superior  Court  of  that  State,  of  the 
amount  claimed  by  him,J^  and  that  he  has  reason  to  apprehend  the  expeSf  to^ 
loss  of  the  Slid  sum,  or  some  part  thereof,  if  the   defendant  or  de-  '"^®  ^''®, 

1      M  1    •  rr»  1  same  unless 

fendants  is  or  are  not  held  to  bail,  which  affidavit  shall   be  filed  in  i>aii  is  taken, 
the  Clerk's  office,  and  copies  thereof  affixed  to  the  original  petition 
and  process,  and  to  the  copy  or  copies  thereof,  and  the  amount  sworn  ls  tIS'bren™ 
to  shall  be  endorsed  on  the  petition  and  process.  dorsed. 

85.  Sec.  XIV.     When  any  civil  process  shall  issue  out  of  any  of  fy  w'^uT^e-"* 
the  said  Courts,  whereby  bail  shall  be  required  to  be  taken  in  manner  ^hal/be^bliii 
aforesaid  of  any  person  or  persons  to  answer  any  action  in  anv  of^™^«^f''f 
the  said  Courts,  the  Sheriff  or  other  officer  shall  take  a  bond,§^  with  to  take  imii, 
one  or  more  sufficient  security  or  securities,  for  double  the  sum  sworn  suSdeiit'^' 
to,  and  shall  return  such  bond,  with  the  petition  and  process  ;  and  in  ^^^^' 
case  the  Sheriff  or  other  officer  shall  fail  or  neglect  to  take  such  bail, 

or  the  bail  taken  shall  b«  deemed  insufficient  by  the  Court,  on  ex- 
ceptions taken  thereto,  and  entry  thereof  made  at  the  first  term  to 
which  the  said  petition  and  process  shall  be  returned,  such  Sheriff  or 
other  officer,  and  his  or  their  security  or  securities,  in  either  of  the 
said  cases,  shall  be  deemed  and  stand  as  special  bail,  and  the  plaintiff 
may  proceed  to  judgment  according  to  the  provisions  of  the  Act 
hereinafter  mentioned.  And  in  all  cases  where  any  defendant  or  9"  ^^'J"''^  ^^ 
defendants,  of  whom  bail  shall  be  required,  shall  refuse  to  give  good  committed 
and  sufficient  bail,  it  shall  be  the  duty  of  such  Shieriff  or  other  officer  ^''^'''^* 

*For  Act  authorizing  attachment  against  bail  in  certain  cases,  see  <«  Attachment  and 
Garnishment,"  sec.  53. 

For  Act  exempting  widows  and /ernes  so/e  from  imprisonment  for  debt,  see  "Insolvent 
Debtors,"  sec.  ,39  ;  sec  same  title  for  mode  of  discharge  of  all  debtors  imprisoned. 

tHis  agent  or  attorney,  Act  of  1831,  sec.  96. 

X^ox  debts  not  due,  see  sec.  99. 

^Payable  to  plaintiff,  see  sec,  98. 


(1.)  The  character  of  the  debt,  or  cause  of  action  need  not  be  set  forth.     7  Ga.  366. 
(2.)  The  bond  need  not  be  assigned  by  the  Sheriff  to  enable  the  creditor  to  sue  thereon. 
8  Ca.  322. 


478        JUDICIARY.— Sup'r  and  Inf'r  C'ts— Ai^Jon— 1799-'1818. 

Proceedings  vs.  Bail — Itinerants. 

to  commit  such  defendant  or  defendants  to  the  common  jail  of  the 
County,  or  if  there  should  be  no  jail  in  the  County,  or  the  same  shall 
be  insufficient,  it  shall  and  may  be  lawful  for  the  said  Sheriff  or 
other  officer  to  confine  such  defendant  or  defendants  in  some  priv^ate 
prmmayde-house  ;*  Nevertheless,  such  i^evsoYi  ov  persons  shall  be  allowed  all 
**'"'^*  the  benefits   of  appearance  and  defence  as  if  he,  she,  or  they  were 

personally  present,  and  shall  not  be  discharged  out  of  custody,  but 
by  putting  in  bail,  or  by  order  of  Court. 
Proceedings      86.   Sec.  XY.     All  bail  taken  according  to  the  directions  of  this 
agaiii&t  bail.  ^^^^  shall  be  deemed,  held,  and  taken  as  special  bail,  and  as  such  be 
liable  to  the   recovery  of  the  plaintiff ;  but  the  plaintiff,   after  final 
judgment,  shall  not  take  out  execution  against  such  bail,  until  a  capi>/s 
ca.  Ba.        ad  satisfaciendiim  shall  be  first  issued  thereon,  and  the  principal  can- 
sd.  fa.        iiot  be  found,  and  shall  also   issue  a  scire  facias  returnable  to  the 
said  Court,  which  shall  be  served  on  the  bail  at  least  twenty  days 
before  the  return  thereof ; ^  and  after  the  return  of  such  capias  ad  so  tisja- 
ciendum  agq^inst  the  principal,  and  scire  facias  against  the  bail,  and  judg- 
ment thereon,  execution  may  issue  against  the  principal  and  bail,  or 
either  of  them,  or  either  of  their   estates,  unless  the   bail  shall  ;3ur- 
render  the  principal  at  or  before  entering  up  final  judgment  on  the 
prindpaL  ^^ scire  facias,^  either  in  open  Court  in  term  time,^  or  to  the  Sheriff  of 
the  County  in  which  such  principal  shall  reside,  at  any  time  in  va- 
cation ;  and  it  shall  be  the  duty  of  the  Court  to  order  such  principal 
into  the  custody  of  the  Sheriff,  and  the  duty  of  the  Sheriff  in  time 
of  vacation  to  receive  into  his  custody  such  principal,  and  in  either 
case  to  commit  him,  her,  or  them  to  jail,  according  to  the  directions 
of  this  Act,  any  law,  usage,  or  custom  to  the  contrary  notwithstand- 
ing- 

Sec.   XVI.      [Directing  the  proceedings   on  sci.  fa.  against  bail, 

repealed  by  Act  of  1801,  sec.  3.     See  Vol.  II.  38.]t 


An  Act  to  extend  the  poioers  of  Sheriffs   and  Constables  in  certaiyi 
e-ases.— Approved  Dec.  19,  1818.     Vol.  III.  162. 

Sheriff  ma        ^^'   ^'^^-  -'••     It  shall  bc  lawful  for  Sheriffs  in  all  cases  where  a 


arrest  an      "ball   or  Criminal   process  is  placed  in  their  hands,  and  the  person 

itiiiGriint 

person  in     agaiust  wliom  it  may  be,  is  moving  about  from  one   County  to  an- 
iir^the  State.  Other,  for  the  said  Sheriff  or  his  deputy  to  follow  the  said  person  or 
persons  into  any  County  in  this  State,  and  serve  the  said  process. 
Sec.  IL      ["  Justices  of  the  Peace,"  sec.  32.] 
Sec.  III.      [See  ''County  Officers,"  sec.  28.]       _  . 

*0r  carry  them  to  jail  of  adjoinin.c^-  County,  sec.  93. 

tFor  proceedings  against  bail  in  criminal  cases,  se<3  "Penal  Lav/s,"  sees.  411,  414. 

(3  )  Scire  facias  need  not  be  served  on  principal.  6  Ga.  32S. 

(2.)  If  no  plea  is  filed,  judgment  goes  o?i  motion  and  without  a  jury ;  aliter  where  a  plea  is 
filed,  1  Kelly,  292,  316.  So im  facias,  where  only  one  defendant,  cannot  bo  directed  to  Sheriff 
of  another  County,  1  lb.  31-5;  is  a  mere  continuation  of  the  original  suit.  lb.  The  deuthof 
principal  between  the  return  of  7ion  est,  and  the  final  juclgmont,  discharges  the  bail,  2  lb.  331. 

(3.)   A.n  exoneretur  on  the  minutes  is  the  only  legal  evidence.     2  Kelly,  33i. 


I 


JUDICIARY.— Sup'r  and  Inf'r  C'ts— Action— 1S20.  470 

'B&il  pendente  lite. 

An  Act  to  amend  the  Judiciary  Laiv  of  this  Sta/c,  passed  tJie  Wth 
day  of  Feb.,  in  the  year  1799,  so  far  as  to  authorize  the  issuing 
of  Boil  yrocess  in  certain  cases. — Approved  Nov.  8,  1820.  Vol. 
iV.  200. 

Whereas,  great  inconvenience  has  resulted  for  the  want  of  a  law  Prt^ambie. 
authorizing  plaintiffs  pending  actions  to  hold  the  defendant  to  bail ; 
for  remedy  whereof, 

88.  Be  it  enacted,  That  in  cases  where  an  action  is  commenced  Ban  may  be 
and  pending,  or  where  an  action  may  hereafter  be  commenced,  3x\([  fcndente 
no  bail  shall  have  beei>  required  at  the  commencement  of  said  action,  ^'^'^* 

or  having  been  required  and  has  or  may  be  discharged,  and  the 
plaintifff  in  any  such  action  pending  the  same  shall  require  bail,  such 
plaintiff  shall  make  affidavit  before  any  Judge,  Justice  of  the  Inferior  j^J^^^^^^^'^^ 
Court,  or  Justice  of  the  Peace  within  this  State  ;  or  any  Judge  or 
Justice  of  a  Superior  Court  of  any  one  of  the  United  States,  shall 
have  annexed  thereto  the  seal  of  the  State  from  whence  it  shall 
come,  and  a  certificate  of  the  Governor,  certifying  that  the  person 
taking  such  affidavit  is  one  of  the  Judges  or  Justices  of  a  Superior 
Court  of  that  State,  of  the  amount  claimed  by  him,^  and  that  he  has 
reason  to  apprehend  the  loss  of  the  said  sum,  or  some  part  thereof, 
if  the  defendant  or  defendants  is  or  are  not  held  to  bail  ;  which  af- 
fidavits shall  be  filed  in  the  Clerk's  office  of  the  Court  in  which 
such  action  is  pending,  and  a  copy  or  copies  thereof  affixed  to  the 
process  to  be  issued  by  the  Clerk  of  said  Court  in  whick  such  suit 
may  be  pending,  and  to  the  copy  or  copies  of  such  process,  and  the 
amount  sworn  to  shall  be  endorsed  on  such  process  and  the  copy  or  'l^l 
copies  thereof^  tiic  process. 

89.  Sec,  II.     When  any  such   affidavit  is  made  and. filed  in  the  i'i'>'f«'«*^  a!^<i 
Clerk's  office  of  the  Court  in  which  such  suit  is  or  may  be  pending,  sue: 

the  Clerk  thereof  shall  immediately  issue  a  process  in  the  case,  with 
as' many  copies  as  there  are  defendants,  annexing  a  copy  of  said  af- 
fidavit to  each  process  and  copy  process,  and  Vv^hich  process  shall  be 
made  returna^ble  to  the  next  term  of  said  Court  after  the  issuing  of 
the  same,  and  shall  be  executed  and  returned  into  Court  by  the  She- 
riff, his  deputy,  or  other  proper  officer,  and  when  so  executed  and  re- 
turned shall  be  taken  and  considered  a  part  of  the  record  in  said 
case. 

90.  Sec.  III.     When  the  said  process,  and  copy  affidavit  and  copy  s^aiibeex^w 
process,  shall  issue  as  aforesaid,  they  shall  be  delivered  to  the  Sheriff  u'eVieif ''*^ 
or  other  proper  officer,  who  shall  be  bound  to  execute   the  same  at  ^^'■'*^ 
any  time  before  the  sitting  of  the  Court   to  which  the  said  process 

may  be  made  returnable,  under  the  same  directions  and  provisions  as 
are  pointed  out  in  and  by  the  said  Judiciary  Act,  passed  in  the  year 
1799. 

*For  Attachments /»er/^fn#^  lite,  see  "Attachment,"  &c.  sec.  20. 
fllis  agent  or  attorney,  see  Act  1831,  sec.  93. 

(1)  Affidavit  for  specific  sum  hcsidcs  interest,  process  goo  J  ^r  piincipal  ohly.     3  Kelly,  128. 
(2  )  If  indorsed,  wrong  process  void.    3  Kelly,  128. 


Amount  in- 


480  JUDICIARY.— Sup'r  and  Inf'r  C'ts— Action— 1820. 

. . . : — — I ■■-, 

Bail  pendente  lite — Sheriff's  duty  where  there  is  no  jail. 

Defendants  91.  Sec.  IV.  All  and  eveiy  defendant  or  defendants,  when  ar- 
dl?sudi  "*""  rested  by  virtue  of  Said  process,  shall  be  dealt  with  by  the  officer 
Keatt^^  arresting  him,  her,  or  them,  in  the  same  manner  as  would  have  been 
with  as  usu-  (j^one  had  such  defendant  or  defendants  been  arrested  at  the  com- 

ai  m  other 

eases.         meuccment  of  said  action  on  bail  process ;  and  shall  be  discharged 
Irom  said  arrest  in  no  other  manner  than  he,  she,  or  they  could,  in 
case  such  arrest  had  been  made  on  bail  process  at  the  commence- 
ment of  said  suit ;  and  all  bail  taken  according  to  the  directions  and 
under  the  provisions  of  this  Act,  shall  be  held  bound  and  liable  in 
the  same  manner  he,  she,  or  they  would  have  been  bound  and  liable, 
had  he,  she,  or  they  become  bail  at  the  time  of  the   commencement 
of  said  action  ;  and  the  plaintiff  or  plaintiffs  in  said  action  shall  be^ 
and  are  hereby  authorized  to  proceed  in  the  same  manner  against  the 
defendant   or   defendants  and  bail,  or  either  of  them,  as  is  pointed 
out  in  and  by  the  said  Judiciary  Act  passed  in  the  year  1799. 
Th«  trial  of     ^^'   ^^^*  ^'     ^^^^  defendant   or  defendants  so  held  to  bail,  in 
of  the  case    mamicr  heretofore  pointed  out  in  this  Act,  shall  not  by  reason  thereof 
thereby  de-  bc  entitled  to  any  delay  or  continuance,  but  the   case   shall  proceed 
layed.         ^^  ^^.|j^|  ^^  though  bail  had  been  required  and  taken  at  ths  commence- 
Proceedm?3  iTient  of  the  casc  ;  and  when  there  are  more  defendants  than  one  in 
TaUofe^d-'  such  suit,  some  of  whom  reside   out  of  the  County  in  which  such 
antsiadif-    g^it  is  pending,  a  second  original  process  and  copy  or  copies  may 
ties."  issue,  returnable  to  the  Court  in  the  County  in  which  such  suit  or 

action  is  or  may  be  pending,  which  when  served  by  the  Sheriff  of 
the  County  where  such  defendant  or  defendants  reside,  or  by  other 
proper  officer,  the  said  defendant  or  defendants  shall  be  subject  and 
liable  to  the  same  provisions  and  restrictions  as  he,  she,  or  they 
would  have  been  had  the  bail  process  issued  at  the  commencement 
of  said  case. 


An  Act  requiring  Sheriffs  and  Constables  in  any  of  the  Co^inties  in 
this  State  not  homng  Jails^  to  convey  to  the  Jail  of  an  adjoining 
County  persons  by  them  arrested  on  a  writ  of  Capias  ad  Satisfa- 
cie7idu77i,  or  any  legal  process  requiring  Bail ;  and  to  require  the 
Jailers  of  such  Cou7ities,  on  good  and  sufficient  Security  being 
given  for  the  Jail  Fees,  to  receive  and  safely  keep  such  Prisoners. 
Approved,  Dec.  13,  1820.     Vol.  lY.  201. 

The  sheiif!?  ^3.  The  Sheriffs  and  lawful  Constables  in  any  of  the  Counties  of 
wi in^colm- ^'^^^  State  that  are  not  provided  with  a  jail  be,,  and  they  are  hereby 
ties  where  authorizcd  and  required  to  convey  persons  arrested  by  them  by  vir- 
provided,*^  tue  of  a  capias  ad  satisfaciendum,  or  other  civil  ])rGcess  which  may 
fitmnG^lo  require  bail,  to  the  jail  of  any  adjoining  County,  and  to  deliver  such 
the^idjoin-*^  person  or  persons  to  the  keeper  of  such  jail  ;  Provided^  the  person 
ProWso"^^^  or  persons  so  arrested  shall  refuse  or  neglect  to  give  -such  bail  as  the 

officer  arresting  may  be  authorized  to  require. 
The  keepori      94.   Sec.  II.     The  kccpcrs  of  such  jail  sliall,  and  they  are  hereby 
req^uirVd''^'''  authorizcd  and  required  to  receive  into  their  care  and  custody  any 
ther*"'^^     person  or  persons  delivered  to  them  in  conformity  to  the  preceding 

section,  and  him  or  them  safely  keep  until  they  are  delivered  from 


JUDICIARY.— Sup'r  and  Inf'h  C'Ts—Acfio7i—1821.  481 


Bail  in  Trover  Cases. 


ver  cases. 


thence  according  to  law,  or  by  cfirection  or  request  of  the  plaintiff, 
his  a2:ent  or  attorney  ;  Provided,  that  the  plaintiff,  his  agent,  or  at-  provided  >:e- 
torney  shall  give    bond  with    suflicient  security  to  the    keeper   ofcnforjaii 
such   jail,    for   the  jail  fees  and  weekly  maintenance  of  the  person  ^''''^ 
or  persons  so  delivered  to  him  for  safe  keepmg.* 


An  Act  more  effectually  to  quiet  and  protect  the  jiossession  of  personal 
property^  and  to  prevent  taking  possession  by  fraud  or  violence. 
Approved  Dec.  25,  1821.     Vol.  lY.  207. 

Sec.  I.      [See  ''  Possessory  Warrant,"  sec.  429.] 

95.  Sec.  11.  When  any  person  who  is  about  to  commence  an  I'aii  m  tro- 
action  or  suit  at  Law  or  in  Equity  for  the  recovery  of  negroes  or 
other  personal  property,  such  person,  his  agent  or  attorney,  shall  make 
affidavit,  that  he  hath  reason  to  apprehend  t||at  the  said  negroes  or 
other  personal  property  have  been  or  will  be  eloigned,  or  removed 
away,  or  will  not  be  forthcoming  to  answer  the  judgment,  executioUj 
or  decree  that  shall  be  made  in  the  case  ;  and  shall  also  state  in  his 
affidavit  the  value  of  the  same,  and  the  amount  of  hire  claimed,  if 
any,  and  add,  that  he,  she,  or  they  do  verily  and  bona  ^cZe  claim  the 
said  negroes  or  other  personal  property,  or  some  valuable  interest 
therein;  a  copy  of  such  affidavit  shall  be  annexed  to  the  petition,  bill, 
or  other  process,  and  the  original  affidavit  filed  in  the  Court  Vv^hence 
such  process  issues ;  and  it  shall  be  the  duty  of  the  Sheriff,  his 
deputy,  or  other  lawful  officer  serving  such  petition,  bill,  or  other 
process,  to  take  a  recognisance,  with  good  security,  in  double  the 
amount  sv/orn  to,  for  the  forthcoming  of  such  negroes  or  other  per- 
sonal property,  to  answer  such  judgment,  execution,  or  decree  as  may 
be  issued  or  rendered  in  the  case ;  and  such  security  shall  be  bound 
for  the  payment  of  the  eventual  condemnation  money,  and  liable  to 
execution  in  the  same  manner  as  securities  upon  appeals  ;  and  when 
such  affidavit  shall  be  made  during  the  pendency  of  any  process,  a 
copy  thereof,  and  of  the  process  or  subpoena,  shall  be  served  in  like 
manner  by  the  Sheriff  or  his  deputy,  or  other  lawful  officer,  and  the 
like  security  taken ;  and  upon  the  defendant  refusing  to  give  such 
security,  the  property  shall  be  seized  and  taken  by  the  Sheriff  or 
other  lawful  officer,  and  delivered  over  to  the  plaintiff  or  complain- 
ant, his  agent,  or  attorney,  entering  into  a  like  recogisance,  with  se- 
curity ;^  and  if  such  property  is  not  produced  or  forthcoming  to  be 
seized  and  taken  by  such  Sheriff  or  other  lawful  officer,  the  defend- 
ant or  defendants  shall  be  committed  to  jail,  to  be  kept  in  safe  and 
close  custody  until  the  same  is  produced,  or  until  he,  she,  or  they 
shall  enter  security  for  the  eventual  condemnation  money,  in  the  na- 
ture of  security  upon  appeal. 


*0n  failure,  to  be  discharged,  see  Art.  XL  "  Habeas  Corpus,"  sec.  292,  this  title.     See 
also  "  Insolvent  Debtors,"  sees.  7,  37. 

(1.)  If  the  plaintiff  dismisses  his  suit,  holding  poasession  of  the  slaves,  his  possession  is 
not  tortious,  so  as  to  eustaia  trover  by  defendant.  1  Kdhj,  259. 

61 


482  JUDICIARY.— Stjp'R  and  InfV.  C'ts— Art wv—lS31-'i5. 

Bail  required  by  Agent  or  Attorney — On  Sabbath  day — Bail  Bond. 

An  Act  to  amend  the  Judiciary  Laiv  of  1799,  in  relation  to  bail,  and 
also  to  amend  an  Art  entitled  ''  an  Act  to  amend  tJcc  Judiciary  Law 
of  this  State,  passed  the  16th  day  of  February,  1799,  so  far  as  to 
authorize  the  issuing  of  bail  process  in  certain  cases,''^  passed  the 
8ih  day  of  November,  1820,  so  far  as  to  authorize  agents,  uttor- 
neys  in  fact  or  at  law,  to  hold  to  bail  in  all  civil  cases. — Approved 
Dec.  26,  1831.     Pam.  137. 

Apent  cr  at-      QQ.   Sgc.  I.     From  aiid  after  the  passa2:e  of  this  Act,  it  s]iall  and 
iK.i.itobaii   may  be  lawtui  lor  any  agent,  attorney  in  fact  or  at  law,  to  hold  to 
''bail  in  all  civil  cases,  and  under  the  same  rules  and  restrictions  as  are 
pointed  out  in  the  before  recited  Acts  on  that  subject. 

Sec.  XL     All  laws  and  parts  of  laws  militating  against  this  Act 
are  hereby  repealed- 

An  Act  to  antJiorize  the  issuing,  suing,  cmd  executing  attachments 
on  the  Sabbath  day,  in  ccriain  cases. — xlpproved  December  20, 
1834.     Pam.  77. 

Wliercas,  it  sometimes  happens  that  persons  residing  near  the  lines 

of  this  State,  leave  the  State  on  the  Sabbath  day,  and  thereby  place 

it  out   of  the  power  of  their  creditors  to  stop  them  or  their  property, 

to  satisfy  debts  owing  by  them  ;  for  remedy  whereof — 

Attachment       97,  ^g  if;  aiacted,  That  it  shall  hereafter  be  lawful  to   igsue  and 

and  bail  pro-  i   i      m  i        r^    i  i        1      t  •        1 

cer>.s  may  bo  scrvc  attachments  and  bail  processes  on  tiie  babbath  da}^  m  tb.e  same 
thrsabbath.  manner  and  under  the  same  rules,  regulations,  and  restrictions  as  are 
now  provided  for  the  issuing  and  serving  of  the  san\e  on  other  days  ; 
Provided,  the  person  or  persons  applying  for  such  attachment  or  bail 
process  shall,  in  addition  to  the  oath  heretofore  required  to  &  taken, 
swear  that  he  apprehends  the  loss  of  his  debt,  or  some  part  thereof, 
unless  said  attachment  or  bail  process  shall  issue  on  the  Sabbath 
day.* 

Sec.   II.     AO  laws  and  parts  of  laws  that  militate  against  this  Act 
are  hereby  repealed. 

An  Act  to  define  the  m,ode  of  taking  bond  in  cases  of  Bail  in  (his 
State. — Assented  to  Nov.  "24,   1841.     Pam.  145. 

^l^'\bTe"to        ^^'   ^^^'  -''••     From  and  after  the  passage   of  this   Act  all  bonds 
the.  plaintiff,  talvcu  ill  cascs  of  bail  in  this  State   shall  be  taken  payable   to  the 
plaintiff  in  the  cause,  any  la\y  to  the  contrary  notwithstanding. 


A71  Act  ill  relation  to  proceedings  to  recover  debts  not  due. — Approved 
December  27,  1845.     Pam.  37. 

99.  Sec.  I.     "^Ylien  a  debt  is  not  due,  and  the  debtor  is   about   to 

*A11    other  process    served  on  Sabbatli  day  void^  except  for  treason,  felony,  or  breach, 
of  the  peace,  see  title  "Penal  Laws,"  sec.  387r 


Proviso. 


.JUDICIARY.— Sup'r  and  Ik-f'r  C'Ts—Action—lSlS.  483 

Eail  on  debts  not  due — Ivcpresentatives  of  deceased  obligor  and  siirv^ivor. 

remove,  or  is  removmg  without  the    limits    of  this  State,  and  oath  suii  for 
being  made  by  the  creditor,    his  agent  or  attorney  in  fact,  or  at  law,  due.""'^ 
of  the   amount  of  the  debt  to  become    due,    and    that  the    debtor 
is  about  to  remove,  or  is  removing  without  the  limits  of  this    State, 
and  that  he  has  reason  to  apprehend  the    loss  of  said  debt,    or   some 
part  thereof,  if  the  debtor  be  not  held  to  bail,  it  shall  and    may    be 
lawful  for  the  creditor  to  commence  an  action  or    suit   at  law,    and 
hold  said  debtor  to  bad,  in  the  same  way  and  manner,  and  under  the 
game  restrictions  as  where  an  aihdavit  is  made  under  existing  laws  :  ilVl'^'T'll 
and  the  bail  so  taken  shall  in  like  manner  be  liable  to  the  creditors :  becoiuos  due 
Provided,  always,  tlvcit  judgment  shall  not  be  rendered  in  any  such 
cause  until  after  the  debt  has' become  due. 


3.        PARTIES. 


Ses.  100.  Co-obligor  and  Representative 
*'  101.  .Sureties  on  Eond  and  Principal 
"     102.     n^xecution,  how  issued. 


■^ec.  103.     Service  on  Joint  Contractor, 
"     10-i.     Biiect  of  Judu'nient. 


iiUI 


An  Act  jmnting  out  tlie   Qnode  of  collecting   a   certain    descrljotion   of 
debts  therein  mentioned. — Approved  Dec.  19,  ISIS.     Yol.  III.  338. 

100.  From  and  immediately  after  the  passing-  of  this  Act,    where  i^enropenm- 

•'  ^  o  ^  •)  Uvea  of  the 

any  person  shall  be  m  possession  (either  in  his  own  right,  or  in  any  deceased  ob 
other  capacity.)  of  any  note,  bill,  bond,  or  other  obligation   in  wri- s'ued hnL 
ting,  signed  by  two  or  more  persons,  and  one  or  more  of  the  persons,  wiThS'"" 
whose  names  are  so  signed  as  aforesaid,  shall  die  before  tlie  payment  ^^^^^^-t 
of  the  money  or  the  compliance  with  the  condition  of  such  bond  or 
othe-r  obligation  in  v/riting,  the  person  or  persons  holding  such  note, 
bill,   bond,    or    other    obligation  in  writing,  shall    not  be  compelled 
as  heretofore,  to  sue  the  survivor  or  survivors  alone.,  but  may,  at  his, 
her,  or  their  discretion,  sue  the  survivor  or  survivors,  or  the  represen- 
tatives of  such  deceased  person  or  persons,  <or, the  surviF^r  or  ^survivors 
in  the  same  action  with  the  representative  orTepresentatives  of  such 
deceased  person  or  persons,  any  law,  usage,  or  custoi3^,to  the  contra- 
ry notv/ithstandijig  :  Provided^  nothing  in  this  Act  jhall  be  so  con'- 
strued  as  to  authorize  the  bringing  of  any  action,  of  .@,iiy  kind  what^ 
ever,  against  the  representative   or  representatives    of  any  estate  or 
estates,  until  twelve  months  after  the  probate  of  l\-m   will,  or  .the 
granting  of  letters  of  administration  on  such  estate  or  estates.' 

*As  to  making-  parties  hj  sci.fa.,  see  subdivision  ante.  ■"  ComLrckenQement;,  §:c.  Ac- 
tion." Also,  as  to  suits  against  joint  obiig;©r3  and  promisors^,  sec.  6#  of  this  title.  As  to 
suits  against  indorsers  in  same  action  with  principal,  see  Art.  XXI.  "  Sureties  ancl 
Indorsers/'  sec.  4:r7.  For  Act  authorizing  amendment  insl/anter,  where  a  party  is. 
omitted,  see  subdivision  "  Pleading,"  &c.  sec.  129.  Where  one  co-obligor  pleads"  in^* 
fancy,  see  subdivision  "Pleadings,"  &c.,  sec.  112. 

fAs  to  suit  against  co-obligors  living  in  different  Counties,    see  ante.  "  Commence- 
ment," &c.  sec.  69,  this  title. 

(1.)  This  Act  does   not  apply  to   partners.    1-  Kelly,    49-i.     Does     apply    to  joint    and 
several  contractors.    2  lb,  128. 


4.84  JUDICIARY.— Sup'r  and  Inf'r  O'ts— AcfiGn— 1810. 

Sureties  on  Executors',  Adiniiiistrators'  and  Guardians'  Bonds. 

An  Act  to  ai'jJiorize  suits  to  he  instiluted  against  securitus  h  Ex- 
ecutors\  Administrators'  and  Guardians^  Bonds,  i?i  the  same  ac~ 
tion  icith  thejJrincijKil  thereto. — Approved  Dec.  13,  1820.  Yol. 
17.  200. 

Preamble.  Whcreas,  it   is  has  been  decided  by  the    Superior  Courts  of  this 

State,  that  suit  cannot  be  instituted  against  any  security  or  securities 
to  any  executor's,  administra.tor"s,  or  guardian's  bond,  until  the  prin- 
cipal or  principals  to  such  bond  shall  have  been   sued  to   insolvency, 
"whereby  great  injury  to  the  interest  of  heii's,  distributees,  and  others 
may  accrue  :  for  remedy  whereof, 
suretiesto        101.    Sec.  I.     Be  it  ciiocted.  That  from  and  after  the  passing   of 
admSra-  tliis  Act,  any  and  all  seciuity  or  securities  to  any  execiUoi's,   admin- 
g^ardSns'    istrator's,  or  guai'dian's  bond,  shall  be  considered    as  joint,    or  joint 
^-'[(TeredS"    ^^^-^^  scvcral  obligors  (as  the  case  may  be)  with  the  principal  or  prin- 
jointobii-     cipals  in  said  bond,  so  as  to  authorize  any  heir  or  heirs-,    distributee 

gorii,  and  be      -,..,  ,..  ^  ,,         .  "^  -.  ,  ., 

sued  in  the  01  distriDutces,  aummistrator  de  boms  iion,  and   otncrs  concerned,  to 

same  action.  i-'i  ••!  j  •  i.  -a.-  .  i 

sue  such  principal  or  principals,  and  security  or  securities  to  such 
rraviso.  boiid,  or  either  of  them  ill  the  Same  actioii  ;^  Provided  always,  that 
the  princippJ  in  said  bond,  if  within  the  limits  of  this  State,  shall 
be  first  sued,  or  shall  be  sued  in  the  said  action  vriih  the  security  or 
securities,  and  shall  be  distinguished  in  said  action  as  principal,  if 
sued  as  aforesaid ;  any  lavv^,  usage,  or  custom  to  the  contrary  not- 
withstanding. 
Erecutions        102.   Sec.  II.     Ill  all  cascs  where  a  iudamant  shall  ba  obtained, 

TO  issue  .  ^.  T        n  •  ■  ^     .  ,„.-. 

against  prin  ill  coiiiorniity  to  tuo  loregomg  section,  execution  snali  issue  ■  against 
I^Ifretv^  to  be  the  principal  and  his  or  their  securit}^  cr  securities,  or    such  of  them 
Mfpropenv  ^^  judgment   may  have   been  obtained    against,    wliick    exrcution 
of  principal,  gi^all  be  Icvicd  Oil  the    property  of  the  principal  first  j  and   in    case 
suc'i  property  should  be  insufficient  to  satisfy  said   execution.-  or   in 
case  no  property  can  be  found  within  the  County  where  such    exe- 
cution shall  issue,  the  balance  or  whole   of  such   execution^   as   the 
case  may  be.  shall  be  levied  on  and  collected  out  of  the  property  of 
the    security    or    securities,    or  either    of  them ;  and:  in  all  cases 
When  paid  wlieii  the   amouiit    or   any   part    thereof,  shall  be  paid  by, the   ce- 
hiis^eiuiti^^dcurity  or  securities,  such  security  or  securities  shall  have  the  use  and 
Tien  to^e^im- control  of  thc  executioii  to  remunerate  him  or  themselves,  as  is  cns- 


jiemte  iii^^- |Qj.j-^g^j,y  jj^  sUCh  CaSCS.* 


Keif. 

This  act  to        Sec.  III.     This   Act   shall  not  extend  to  bonds  heretofore   ese- 

oe  prospect-  , 

ive.  cuted. 

An  Act  to  regulate  the  mode  of  prosecuting  Actions  against  Con- 
tractors and  Copartners^  in  certain  cases. — ADproved,  Dec.  IS, 
1820.     Vol  IY:  201. 

Preamble.         Whereas,  doubts  have  arisen  as  to  the  mode  of  prosecuting  actions 

*See  Art.  XXI.  "  Sureties  and  Indorsers,"  sees.  430,  et  seq, 

(1.)  There  must  be  first  a  judgment  against  the  administrator  cr  executor,  in  his  repre- 
sentative capacity  ;  then  the  sureties  may  be  joined  in  the  suit  against  htm  indiyidually. 
6  Ga,  863.     7  15.  31.  For  the  rule  in  Equity  in  suchcasss,  see  7 16.  649. 


JUDICIARY.— Sup'r  and  Lvf'r  C'ts— ir/zo/?— 1S20. 


485 


Joint  Contractors  and  Copartners. 


against  joint  contractors  and  copartners,  when  one  or  more  cannot 
be  '  found,  or  reside  v/ithout  the  limits  o[  this  State  ;  for  remedy- 
whereof, 

103.  Bs  it  enacted.  That  from  and  after  the  passing  of  this  Act,  in  suits 
tha.t  whenever  two  or  more  joint  contractors,  or  copartners,  are  sued  cfntractorr 
in  the  same  action,  and  a  service  shall  be  eifected  on    one   or    more  '"'  '^"p^«- 

t  r-i  •   ft  nor.>,  and 

of  the  said  ioint  contractors  or  copartners,  and  tho  ►"^herifi  or  other  service  on 
oihcer  serving  the  VvTit,  shah  return  tnat  the  otner  aeiendant  or   de-  uie  piaintiif 
fandants,  are  not  to  be  found,  it  shall  and  may  be  laAvful  for  the  plaintiiT|,ui2ment*vs 
1 3  proceed  to  judgment  and  execution  against  the  defendant  or  defend- ^g^'jj'Jg^"/!^-^^^ 
ants  who  are  served  with  process,  in  the  same  manner  as  if  he,  she, 
or  they  were  the  sole  defendant  or  defendants.* 

104.  Sec.  II.     Judgments  so  obtained  shall  bind,  and  execution  The  partner; 
may  be  levied  on  the  joint  or  copartnership  property,   and    also  the  hidividuai"^ 
individual    property,    real    and    personal,    of    the  defendant   or    de-  fhe^'Son^ 
fendants  vx^ho    have    been    served  w^ith  a  copy  of  the  process,  but  '^^^^^f^\ 
shall    not  bind  or   be  levied    on  the  individual  property   of  the  de- ^'^e  judg. 
fendant  or  defendants  Vvrho  are  not  served  with  process. 

Sec.  III.     All  lav/s  and  parts  of  laws  repU2:nant  to  this  Act,    are  Repealing 

,  T     ,  ^  -1-     o  J  clause. 

hereoy  repealed. 


4.     PLEADINGS     AND     PROCEEDINGS    PENDING       THE     ACTION,      INCLUDING 
AMENDMENTS,     ARBITRATION,     CONTINUANCES,     &C.f 


Sec.  jO->.  Defenoef5 — amendment. 

"  106.  L>etault — trial — contmuance. 

*'  107.  Sot-olf. 

**  lOS.  Arbitration  and  award. 

*'  109.  Amendment;?, 

*'  110.  Spc-;ial  pleading — nonsuit. 

"'•  111.  'Contradictory  pleas. 

"  112.  Infont  co-obligor. 

**  11 'J.  Increase  of  personalty. 

'*  114.  May  be  recovered. 

'*  llo.  Mesne  profits. 

"  116.  Execution  therefor. 

**  117.  No  separate  action. 


Sec.  118.  Suitb7>'  former  defendant. 

"  119.  Partial  failure  of  consideration, 

"  120.  Form  of  suit  for  land. 

"  121.  Suit  for  personalty. 

"  122.  Suit  on  note,  &c. 

"  123.  Action  on  account. 

'•'  124-.  On  judgment. 

"  125.  Porsnal  variance. 

"  126,  Arabic  numerals. 

*'  127.  Action  for  slander. 

"  12S.  General  form  of  pleading. 

"  129.  Misnomer  amended. 

*'  130.  Non-joinder  amended. 


♦For  proceedings  •'r^'bere  one  pleads  infancy,  see  "Pleadings,"  &c.  sec.  112. 

+For  Act  dispensing  vvdtb  proof  of  partnership,  unless  denied  by  plea  in  abatement, 
80C  Art.  XIX.  "  Partners  and  Partnership,"  sec.  428. 

See  same  title,  as  to  bonds  payable  to  partnership,  and  judgments  and  executions  in 
partnership  name,  sees.  426,  427. 

For  Act  prescribing  the  contents  of  sclfa,  to  make  parties,  sec  subdiv.  "  Commence- 
ment, &c.  Action,"  £cc.  76. 

Also,  sec.  81,  a.s  to  ser\dce  of  scifa.  on  a  part  where  the  others  cannot  be  found. 

As  to  process  of  garnishment,  see  "Attachment  and  Garnishment," 

As  to  plea  of  usury,  see  Art.  XXII.  "Usury." 

For  rule  of  valuation  of  S'lecitics,  in  contract,  see.  Art.  IV.  "Bills,  Notes,  &c."  sec. 
206. 

In  trespass  q.  c.  f.  disclaimer,  and  tender  of  amends,  a  bar  to  the  action,  see  Art.  XV. 
*•  Limitation  of  Actions,"  sec.  333. 

For  Act  in  relation  to  amendments  of  affidavits  of  illegality,  see  subdiv.  "Execu- 
tion, &c."  sec.  201. 

As  to  Judges'  charge,  see  subdivision  of  this  Art.  "Judges,  Sessions,  &c."  sec.  47. 


486  JUDICIARY.— Sijp'r  and  Inf'r  C'ts— Act ioii— 1799. 

Answer — Amendments — Dilatory  pleas. 


Judiciary  Act  ofWiliFeb.  J799.— Yol.  I.  292.  [For  title,  see  sec.37,] 

Answerer        105.   SiicJ.  IX.     And  for  the  moro  Orderly  aiid  regular  proceedi'og 
c  dice.       .^  ^^^^  ^^_^.^  Courts,  the  following  rules  and  methods  shall  be  observed, 
to  wit:  The  defendant  or    defendants  shall    appear  at  the  Court   to 
which  the  petition  and  process*  shall  be  returnable,  and  on  or  before  tlie 
la<t  day  of  the  said    Court  shall   make  his,   her,  or  their  defence  or 
answer  in  writing,  which  shall  plainly,  fully,  and  distinctly  set  forth 
the  cause  of  his  defence^  and  be    signed  by    the   party  making  the 
same,  or  his,  her,  or  their  attorney ;  which  said  answer  may  contain 
as  many  several,  matters,  as  such  defendant  or  defendants  may  think 
Bonds,^iiotes i^ecessary  for   his,  her,    or  their   defence;  Provided,  tho^t  no  person 
Hied  on  oath,  shall  be  permitted  to  deny  any  deed,  bond,  bill,  single  or  penal  note, 
draft,  receipt,  or  order,  unless  he,  she,  or  they  shall  make  aiiidavit  of 
the  truth  of  such  answer  at  the  time  of  filing  the  same.f '-     And  the 
said  petition  and  answer  shall  be  sufficient   to  carry    the  same  to  the 
Jury,  without  any  replication  or  other  course  of  proceedings  f  and  no 
Proceedings  petition,  auswor,  return  process,   judgment,   or    other   proceeding  in 
for  defect m  any  civil    cause,  shall  be   abated,  arrested,  quashed  or   reversed,  for 
am^ndabieat  ^^'^7  dcfcct  iu  matter  of  fomi,  or  for  any  clerical  mistake    or  omis- 
the  first  term  gJQTj^  uot  alfectiug  the  real  merits   of  the  cause  ;'^  but  the   Court,   on 
motion,  shall  cause  the  same  to  be  amended  without  any  additional 
cost  at  the  first  termi:  and  shall  proceed  to  give  judgment  according 
to  the  right  of  the  cause  and  matter  of  law,  as  it  shall  appear  to  the 
said  Court,  without  regard  to  such  imperfections,  in  matter,  of  form, 
Dilatory  an^- clerical  mistake  or  omission  ;  and  no  dilatory  answer  shall  be  rcceiv- 
oaoSth?  *  ed  or  admitted,  unless  affidavit  be  made  of  the  truth  thereof. §-^ 
jiidgtiientby      IQG.   Sec.   X.     'Wlicre  any  defendant  shall  fail   to   appear  and  an- 
swer  m  manner  aroresaid,  the  Court  on  motion  oi:  the  plamtm  or  his 
counsel,  s'nall  eiiter  a  judgment  by  default,  a,iid  the  plaintiff's  claim, 
allegation  or  demand,  shall  be  tried  in  all  cases  of  judgment  by  de- 
fault, by  a  Jury ;  but  no  such  trial  shall   in  any  case  be  had  at  the 
Continuance  first  term  :  and  no    cause  whatsoever  depending  in  the  said  Courts 

*Sce  ante,  "Commencement,  &c.  Action,"  as  to  petition  and  process. 

t  Indorsements  need  not  be  i:a-oved,  unless  denied;  see  "Evidence,"  sec.  21. 

jSee  further,  as  to  amendments,  Act  of  1818,  sees.  109,  129. 

§  As  to  plea  denying  partnership,  see  Art.  XlX.  *'  Partners  and  Partnership,"  sec.  428. 

(1.)  Under  this  clause  illegality  of  consideration  cannot  be  givdn  in  evidence  under  the 
gercral  issue,  1  Kdly,  68;  nor  can  a  special  contract,  exeinpting  the  defendant  from  liabilit3% 
1  Kelhj,  256. 

(2.)  An  alteration  need  not  be  explained  unless  denied  on  oath,  2  Kelly,  128. 

A  plea  that  another  was  to  sign  as  surety,  need  not  be  verified,  8  Ga.  r5o9. 

(3.)  The  plaintiff  may  prove  matter  in  avoidance  of  the  plea  without  replication,  5  Ga.  311. 

(4)  The  verdict  may  be  amended  where  the  error  is  apparent,  1  itc/^y,  403 ;  so  also,  the 
judgment,  1  Kelly,  469  ;  2  lb.  341.  And  the  minutes  of  the  Court,  1  Kelly,  5o0  ;  verdict  en- 
tered  nimc  pro  tunc,  3  Kelly,  18. 

All  amendable  defects  cured  by  verdicts,  2  Kelly,  100:  3  25.81;  a  ncv,' caiise  of  action 
cannot  be  added  by  amendment,  3  Kelly,  426  ;  Christian  name  of  plaintid'  may  be  amended, 
7  Ga.   105. 

(5.)  A  plea  by  a  siuety  that  another  was  to  sign  as  co-surety,  need  not  be  verified.  Cleg- 
horn  vs.  Robinsony  8  Ga.  Rep. 


I 
I 


JUDICIARY.— Sup'r  and  Inf'r  G'Ts—Ariin7?—1799-181S.        4H7 

[Sets-off — Arbitration — Amendments. 

. . . — _ — ^ 

shall  be  continued  more  tlia.n  one  term,  at  the  instance  of  the  same 
party.  1 

SETS-OFF. 

107.  Sec.   XXIY.  In  all  cases  of  mutual  debts  and  sets-oiF,  where  sets-cfr. 
tiie  Jury  shall  iind  a  balance  for  the  defendant,  such  defendant  may 

aijd  shall  enter  up  judgm.ent  for  the  amount,  and  take  out  execution 
in  such  manner  as  plaintilfs  may  do  by  this  Act :  Frovlded,  such  de- 
fendant shall  at  the  time  of  liliiig  his  answer,  also  file  therewith  a 
true  copy  or  copies  of  the  subject  matter  of  such  sets-off;  and 
where  the  plaintiff  shall  be  indebted  to  the  defendant  on  open  ac- 
count for  dealings  between  themselves-,  and  where  the  defendant 
shall  liold  and  possess  in  liis  own  right,  by  assignment,  indorsement, 
or  otherwise,  according  to  law,  any  bond,  note,  bill,  or  other  writing, 
for  mone}^,  or  other  thing  of  the  said  plaintiff's,  such  defendant  shall 
and  may  offer  the  same  as  sets-off,  and  on  due  proof,  shall  be  allowed 
the  same.*^ 

ARBITRATION. f 

108.  Sec.  XXX.     In  all  matters  submitted  to  reference  by  par- J'l^^"'^^*'"^'^" 
ties,  m  a  suit  under  a  rule  oi  Court  or  other  agreement  m  writing,  executiwi. 
signed  by  the  parties,  judgment  shall  be  entered  up  by  the  party  in 
whose  favor  the  award  is  i?:ivei],  and  execution    shall    issue    for  the 

sums  awarded,  to  be  pnid  as  they  respectively  become  due,  and  to 
be  le%^ied  on  the  property  of  the  party  against  whom  the  judgment 
shall  have  been  entered  up,  and  such  other  proceedings  shall  be  had 
thereon  b}^  the  Court,  as  in  cases  of  judgments  entered  up  on  ver- 
dicts of  Juries  :  Provided^  t\idl  no  judgment  shall  be  entered  upon  Proviso, 
an  award,  Avhere  it  shall  appear  any  other  cause  or  causes  stand  on 
tlie  docket  of  the  Court  a2;ainst  the  defendant  or  defendants,  unde- 
terraJned,  before  the  cause  in  which  a  rule  or  other  agreement  in 
Vvn'iting  for  arbitration  is  entered. 

An  Act  to  explain  and  to  enforce  the  Judiciary  Act  of  1799,  as  re- 
spects svecial plcaduigs  in  the  several  Courts  of  Luiv  in  this  Slate— 
Approved    Dec.  19,  1818.     Vol.  III.  384. 

Whereas,  the  said  Judiciary  was    intended   for   the    purpose    of 
bringing  parties  litigant  to  a  speedy  Judicial  decision,  without  delay 

^Dcbts  not  cluG  may  be  sct-ofF  against  attaclimcnts  in  certain,  cases;  sec  "  Attacli- 
mcnt  and  vjarnishinent,"  sec.  21. 

tyee  "Internal  Transportation,"  sec.  1,  as  to  awards  in  disputes  \vitli  Hail  E.oad 
Companies. 

(I.)  Two  general  continuances  do  not  aniomit  to  a  discontinuance,  1  Kelhj,  275.  If  not 
reached,  continued  by  Court,  3  Kelly,  23. 

(2.)  A  debt  due  by  testator  cannot  be  set-off  against  a  debt  accruing  to  executor, 
1  Kelly,  511.     But  it  may  be  to  a  debt  due  to  testator,     o  Ga.  357. 

The  set-off  must  be  against  the  r)laintili'  in  the  action.      2  Kelly,  13-i-. 

A  judgment  may  be  set-off  against  anotlier.     2  Kelly,  155. 

In  a  suit  against  principal  and  surety,  a  debt  of  principal  may  be  set-off.  4  Ga.  198. 
Damages  for  breach  of  covenant  cannot  be  pleaded  as  a  set-off.  G  Ga.  509.  The  guar- 
anty of  a  note  may  be.     lb.     Sec  8  Ga.  18i. 


488         JUDICIARY.— Sup'r  and  Inf'r  C'Ts—Acfion— 1818-23, 

Amendments — Infancy  of  joint  obligor. 

and  with  as  little  costs  as  practicable,  and  it  was    thereby  intended? 
tl^at  the  small  omissions  of  parties,  Clerks,  or  Sheriffs,  not  affecting 
the  real  merits  of  the  cause,   should  in  all  cases   (substantially  set 
out)  be  amended  on  motion,  without  delay  or  costs,    and  it    having 
grown  into  practice  in  said  Courts  to  give  or  grant  a  term,  and  some- 
times nonsuit, for  the  smallest  omissions  of  the  officers  of  the  said  Courts, 
and  as  a  further  increase  of  the  said  practice  may  lead  us  back  to  all 
that  tedious  and  expensive  labyrinth   of  special   pleadings,    w^hich 
the  said  Judiciary  intended  to  avoid; 
All  formal        IQQ.   Sec.  I.     Be   it  endctecl,  6cc.     That    in   every    case    where 
amendable   thcrc  is  a  good  aiid  legal  cause  of  action,  plainly  and  distinctly  set 
lay  or'cosS.  forth  ill  the  petition,  and  there  is  in  substance  a  copy  served  on  the 
defendant  or  defendants,  or    left    at  their   most  notorious   place    of 
abode,  every  other  objection  shall  be,  on  motion,  amended   without 
delay  or  additional  costs. 
No  special        110.   Sec.  II.     No  Special  plcadiugs  shall  be  introduced  or  admit- 
iowed"° '^ '  ted  in  either  the  Superior  or  Inferior  Courts  of  this    State, ^  (other 
than  in  Equity,)  which    shall  be  conducted  in  the  same    manner 
as  is  already  pointed  out  by  the  Judiciary  system  of  this  ^tate  now 
in  force,  and  that  every  case  shall  be  carried  to   the  Jury,  and   tried 
upon  the  petition,  process,  and  answer  alone,   without  regard  to  the 
practice,  now  grown  into  use  in  the  several    Courts  of  Law    in    this 
Nonon^suit  State  :  and  no  nonsuit  shall  be  awarded  when  the  cause  of  action  is 
form.  substantially  set  forth  in  the  declaration,  for  any  formal  variance  be- 

tween the  allegat'on  and  proof.*- 

Nopartofan      HI.   Sec.  III.     No  part  of  ail  an sv/er  shall  be  stricken  out  or  re- 
answer  shall  .  -,  r  1     •  T  •  1  r    \ 

be  stricken  jccted  ou  accouut  01  beuig  contradictory  to  another  part  oi  the  same 

^^^'  answer,   bnt  the  Court  shall  be  bound  to  suffer  the  whole  answer  to 

remain,  if  the  defendant  should  desire  it,  and  avail  himself  of  any 

advantage  he  can  or  may  have  under  either  or  the  whole  of  the  said 

answer,  and  proceed  to  trial  accordingly. 

An  Act  onore  effectually  to  protect  the  interests  of  parties  plaintiffs^ 
in  suits  commenced  as^cdnst  joint  obligors  or  promisers. — ^Appro- 
ved  December  19,  1823.     Vol.  lY.  212. 

If  any  one  or      112.     In  all  cases  v/liich   hereafter  may  be  commenced  aorainst 

m  ore  joint      ••,i>t  ■  ■^  '  n      \  -t 

obligors  or  jomt  ODUgors  or  promisors,  and  any  one  or  more  oi  the  parties  de- 
pSTnfan- f'sndants  may  plead  infancy,  and  such  plea  be  sustained,  the  action 
ti^on  shair  ^liall  uot  as  heretofore  abate,  but  the  Court  shall  award  judgment  as 
iu)tai»ate.  in  cascs  of  Ujousuit  in  favor  of  the  party  or  parties  so  pleading,  and 
permit  the  plaintiff  to  proceed  agauist  the  other  defendant  or  defend- 
ants to  said  suit,  without  further  delay  or  costs.f 

-*See  Act  of  1847,  sec.  125.     Act  of  1850,  sec.  128. 

fWliere  all  are  not  served,  judgment  against  tliose  served,  see  ante.  "Parties,"  sec. 
103,  of  this  title. 

(1.)   In  ejectment,  defendant  can   plead  only  general  issue  and  Stat,  of  Lim.     6  Ga.   88. 

(2.)  Amendment  allowed  afte»-  a  case  is  submitted  to  the  Jurj'  on  the  appeal,  when 
the  cause  of  action  would  be  barred.  4  Gij.  203,  445.  But  see  8  Ga.  51,  299,  463,  522.  This 
Act  contemplates  a  very  liberal  practice.  5  Ga.  482, 

A  general  rule  prescribed  as  to  amendments.     8  Ga.  61. 


JUDICIARY.— Sup'r  and  Inf'r  C'ts— ir;/zo7?~182r--34.         4S9 

Suits  for  personal  property — Mesne  Profits.  "    . 


All  Act  to  facilitate  the   recovery    of  Personal    Property  in   certain 
cases.— Approved  Dec.  34,  1827.   Vol.   lY.  221. 

113.  ]'F/ie?-e/7S,  it  frequently  happens  that  suits  in  the  cliiTerent 
Courts  of  Law  and  Ejuity  in  this  State  for  personal  property  contiii- 
ue  for  a  number  of  years,  and  that  after  tlie  coramencenient  and 
before  the  end  of  said  suits  the  property  in  dispute  incroases,  or  has 
issue  which  cannot  be  recovered  in  any  other  way  than  by  resort- 
ing to  a  new  action  ;  for  remedy  v\^h<ereof, 

114.  Be  it  enacted.  That  while  any  suit  or  action  is  now  pend-  Tn  snita  for 

,  ^         -.        .         .  i-y^i  i^-x  T-!        •        personal 

mg,  or  may  hereaiter  be  mstituted  m  any  Court  ot  Law   or  L'Tiiity  property,  the 
in  this  State  for  personal  property,  the  issue  of  said  property  born  0£ 'p,nd(inte\e 
to  be  born  after  the  commencement  of  said  suit  or  action,  shall   and  "'.'^^^j.^^/^" 
may  be  recovered  in  the  said  suit  or  action  ;  and  it  shall  be  the  duty  ^r.^c^^Mm^ 
of  the  Court  to  allow  the  declaratioa  or  bill  to    be  amended   at  any  ed  ascord- 
stage  of  the  said  suit  or  action,  so  as  to   include    the    said    issue    so"^"^ 
born  or  to  be  born ;  any  law,  usage,  or  practice  to  the  contrary  not- 
withstanding. 


An  Act  to  authorize  Plaintiff's  in  Ejectment  to  recover  such  rncsne 
profits  as  they  may  be  entitled  to  in  said  Action  of  Ejectment  by 
xvay  ofdaraarres^  and  to  i^revent  a  separate  action  for  mesne  'profits. 
Approved  Dec.  19,  1834.      Pam.   78. 

115.  Sec.  I.     It  shall  be  lav/ fal  for  all  plaintiffs  in    ejectment  to  :'^«^-^"°  p'-»f- 

.  its  171  it y  Ix? 

add  a  count  or  counts  in  their  writ  of  ejectment,,  and  to  submit    evi-  recovered  ta 
dence  to  the  Jury,  ajid  to  recover  by  way  of  damages  all  such    sum  wuVthe 
or  sums  of  money  to  which  they  may  be  entitled  by  way  of  mesne  *'"''^" 
profits,  together  with  the  premises  in  dispute. 

116.  Sec.  II.     It  shall  be  the  duty  of  the  several   Clerks    of  the  >fi  exec»*w 
Superior   Courts  to    incorporate   in  the  execution  of  habere  facias  ^o\v\xh\ho 
possessionem  a  clause  directing  the  SheritF  to  collect  all  such  sums  of  y^^'Jiojj^^'* 
money  as,  by  the  finding  of  the  Jury,  shall  have    been   awarded    to 

the  plaintiiF  in  ejectment  as  mesne  profits. 

117.  Sec.  III.     No  plaintiff  or  plaintiffs  in  ejectment,    in    cases  no  separate 
which  may  hereafter  be  instituted,  shall  be  permitted   to    have  and  lovv-ed.'' ' 
maintain  a  separate  action  in   their  behalf  for  mesne    profits  which 

have  accrued,  or  may  accrue,  to  him  or  them  from  the    premises  in 
dispute. 

118.  Sec.  IY.  In  case  an  action  of  ejectment  be  brought  by  the  ^m  a  for- 
defendant  in  the  first  action  of  ejectment  for  the  premises  recovered  antSKuv^'  ' 
of  him,  and  a  verdict  obtained  in  his  favor,  it  shall  be  lawful  for  him  fi^i^hlu'ean 
to  institute  an  action  on  the  case  for  such  damages  as  may  have  fi'i' ca^Mhr 
been  collected  from  him  as  mesne  profits  in  the  first  action,  and  un~ '^'-'"^^^'^'^  f-""- 
der  such  action  it  shall  be  lawful  for  him  to  give  in  evidence  the  ver- f^e^i'^igain^t 
diet  obtained  by  him  in  the  second  action,  which    shall  be    deemed  ""^' 

and  taken  to  prevent  the  judgment  obtained  in  the  first  action  as  op- 
erating an  estoppel. 
62 


490  JUDICIARY.— Sup'r  axd  Inf'r  C'Ts^Acfio7i—lS3^^-A7. 

Partial  failure — Land  and  mesne  profits — Personal  x^i'operty. 

A?i  Act  (0  eriahle  clefendanis  in  Action  at  Common  Law,  to  give  in 
evidence^  a  partial  failure  of  the  consideration  of  {he  contracts  upon 
lohich  such  action  may  he  bronghi. — Approved  Dec.  26,  1836. 
Pam.  157. 

Partial  fail-  119.  Sec.  I.  From  pjid  after  the  passage  of  this  Act,  whenever 
"iJiforan^n  anY  actioii  01'  actioiis  shall  be  commenced  at  Common  Lav/,  founded 
pn.v(S!iiuac-'"^P^^^  9,n3^  contract  or  contracts,  it  shall,  and  may  be  laAvfnl,  for  th^ 
tioiis  at  Com- j(^fei;i(jniit  or  defendants  to    such  action  or  actions,   upon  the    trial 

uijn  Law.  ..  it  it  -i 

tliereof,  to  give  m  evidence  to  tae  Jury,  that  t;ie  consideration  or  con- 
siderations, upon  which  said  contract  or  contracts  are,  or  were  found- 
ed, have  partially  failed,  any  thing  in  any  law  cr  custom  to  the  con- 
Proviso.       trary  notwithstanding :  Provided,  that   such    plea  of  partial    failure 
shall  only  be  pleaded  in  such  cases,  under   sucli  circumstances,  and 
between  such  parties,  as  would  now  admit  and  allow  the  plea  of  total 
Murtbe       failure  of  consideration  :   And  jirodded  fiirtlicr,    that  the   plea   con- 
fiSuennf    templatcd  by  this  Act,  shall  be  fully  and  specially  pleaded  at  the  first 
term  of  the  Court  to  vv^hich  the  action  maybe  returnable,  and  not  at 
any  time  thereafter,  either  at  Common  Law,  or  on  the  appeal. 
Sec.  II     [Repeals  all  coirliicting  Acts.] 


An  Act  to  slmplifij  and  curtail  Fleadins;s    at  Laii\- — Approved  Dec. 

27,   1847.     Paim  203. 

Form  of  ac-  120.  Sec.  I.  Beit  enacted..  That  from  and  after  the  passage  of 
an"  mLne'^  thls  Act,  thc  foriii  of  a  declaration  for  the  recovery  of  real  estate  and 
profits.        mesne  profits,  may  be  as  follows,  any  law,  usage  or   practice   to  the 

contrary  notwithstanding,  to-wit  '} 

Georgia,  ^ 

County.  >      To  the  Superior  Court  for  said  County. 

The  petition  of  (A.  B.)  shevv^eth  that  (C.  D.)  of  said  comity,  is 
in  possession  of  a  certain  tract  of  land  in  said  Count}^  (here  describe 
the  land)  to  which  your  petitioner  claims  title  ;  that  the  said(C.  D. ) 
has  received  the  profits  of  said  land  since  the  day  of  , 

18       ,  of  the  yearly  value  of  dollars,  and  refuses  to  deliver 

i^a^  said  land  to  your  petitioner,  or  to  pay   him  the    profits  thereof : 
Wherefore,    your  petitioner  prays    process   may   issue  requiring  the 
said  (C.  D.)  to  be  and  appear  at  the  next  Superior  Court  to  be    held 
in  and  for  said  Count3/^,  to  answer  your  petitioner's  complaint. 
For  personal      121.   Sec.  II.     TIic  foriu  of  ail  actioii  for  tlic  rccoverv  of  pei'soiial 

property.  i     2  ^  11  *  -^ 

property  may  be"^  as  lollows,  to  wit : 
Georgia, 

County  \      To  the  Court  for  said  County. 


The  petition  of  (A.  B.)  sheweth  that  (C.  D.)  of  said  County,    is 
in  possession  of  a  certain  (here  describe  the  propert}^)    of  the    value 


(1.)  The fi("tItious  form  held  to  be  good.    7  Ga.  172. 

(2.)  The  old  form  of  Trover  may  still  be  used.     6  Ga.  213. 


JUDICIARY.— Sup'r  and  Inf'r  C'ts— Actio??— lSi7.  491 

Act  to  curtail  and  simplily  pleadiji^s. 

cf  dollars,  to  which  your  petitioner  claims  title  ;    that    tlie 

said  (C.  D..)  has  enjoyed  the  profits  of  the  same  since  ;  tliat 

the  said  is  of  the  yearly  value  of  dollars;  and  that 

the  said  (C  D.)  refuses  to  deliver  said  to  your  petitioner,  or 

to  pay  him  the  profits  thereof :  Wherefore,  your  petitioner  prays 
process  may  issue  requiring  the  said  (C.  D. )  to  be  and  appear  at  the 
next  Court  to  be  held  in  and  for  said  County,  to   answer 

your  petitioner's  complaint. 

122.   Sec.  III.     The  form  of  an  action   to    recover  money  on  a  Action  on 
note,  bill,  bond,  receipt  or  written   promise  of  any  description,'^    by  bond,  ,s^c.' 
adding  a  copy  of  which,  with  the    endorsers'    names   (if  any)    and 
credits,  shall  be  appended — and  whea  the  suit  is  on  a  bond,  the  breach 
from  which  arises  the  right  of  a,ction  shall  be  set  out  plainly — may 
be  as  foUoVv^s,  to-wit : 
Georgia, 

County.  V      To  the  Court  of  said  County. 


Tlie  petition  of  (A.  B.)  shcAvetli  that  (C.  D.)  of  said  County,   is 
indebted  to  him  in  the  sum  of  dollars,  besides  interest, 

on  a  dated  and  due  ,  which  said  the 

said  (C,  D.)  refuses  to  pay  :  Yvlierefore,  your  petitioner  pra.ys  pro- 
cess may  issue  recjuiring  the  said  (C.  D.)  to  be  and  appear  at  the 
next  Court  for  said  County,  to  ansvv^eryour  petitioner's 

complaint. 

Fro oided,  nevertheless,  That  when  any  defendant   shall,   at  the  ^^y^^^"  f",^y  ^e 
appearance  term  of  such  cause,  demand  oyer  of  any  note,  bill,  bond, 
receipt,  or  other  in^trumxents  sued  on,  the  plaintilT  shall  be    compel- 
led to  produce  the  same  to  the  defendant  for  the  purpose  of  exam- 
ination. 

123.   Sec.  IY.     The  form  of  an  action  on  an  account  may  be  as  Anion  en 

r  11  ,  ,  account. 

toiiows,  to-Wit : 
Georgia, 

County.  S      To  the        "        Court  for  said  Comity. 


The  petition  of  (A.  B.)  sheweth  that  (C.  D.)   of  'said    County    is 
indebted  to  your  petitioner  dollars,  on  an  account,  as  will 

fully  appear  by  reference  to  a  bill  of  particulars  hereto  annexed, 
which  account  the  said  (C.  D.)  neglects  to  pay  :  Wherefore,  your 
petitioner  prays  process  may  issue  requiring  the  said  (C.  D.)  to  be 
and  appear  at  the  next  Court  to  be  held  for  said  C&unt}^, 

to  answer  your  petitioner's  complaint. 

124.   Sec.  Y.     The  form   of  an   action   to  recover  money    on  a  Action  r,n 
judgment,  may  be  as  follows,  to-wit :  judgment. 

Georgia,  ^ 

Comity,  i      To  the  Court  for    said  County. 

The  petition  of  (A.  B.)  sheweth  that  (C.  D.)  of  said    County,   is 
indebted  to  your  petitioner  dollars,  besides  interest,  on  a 

judgment  obtained  by  your  petitioner,  against  the  said  (C.  D.)  at    a 

(1  )  Vvlicn  on  a  promise  to  pay  specific  articles,  should  arer  the  value  of  those   articles. 
8  Uu.  (31. 


492  JUDICIARY— Sup'r  and  Inf'r  C'ts— Action— 1S47~' 50. 

Acts  to  curtail  and  simplify  pleadings. 


(name  the  Court)  Court    held  on  the  day  of  ' 

18       ,  in  the  (County,  district  or  town)  of  ,  in  the  State 

of  ,  as  will  fully  appeur  by  reference  to   an  exemplification 

of  the  proceeding  in  said  case  ;  that  the  said  judgment  is  luisatisiied, 
and  that  the  said  (C.  D.)  neglects  to  pay  the  same  :  Wherefore,  your 
petitioner  prays  process  may  issue  requiring  the  said  (C.  D.)  to  be 
and  appear  at  the  next  Court  to  be  held  for  the  County  of 

,  then  and  there  to  answer  the  plaintiff 's  complaint. 

Action  on        Ssc.  YL     Tlic  form  of  an  action   for  breach  of  warranty  on  a 

wamility.     deed  may  be  as  follows,  to  wit : 

GSOHGIA, 

County.  S-      To  the         '  Court  of  said  County. 


The  petition  of  (A.  B.)  sheweth  that  (C.  D.)  is  indebted  to  him  in 
the  sum  of  dollars,  for  this  that  on  the  day  of 

,  18  ,  the  said  (C.  D.)  executed  to  your  petitioner  a  war- 
rantee deed  to  a  certain  tract  of  land  (describe  the  land)  for  the 
sum  of  dollars,  paid  by  your  petitioner  to  the  said  (C.  D. ); 

that  your  petitioner  has   been  evicted  from  said  lot  of  land,  and  th^ 
said  (C.  D.)  refuses  to  indemnify  your  petitioner  for   his  damage    in 
that  behalf :  Wiierefore,  your  petitioner  prays  process  may  issue  re- 
quiring the  said  (C.  D.)  to  be  and  appear  at  the  next 
Court  for  said  County,  to  answer  your  petitioner's  complaint. 
No  non-suit       125.   Sec.  VIL     No   departure  from  the  before  prescribed   forms 
of^aaioTir  shall  work  a  nonsuit,  provided   the  plaintiff  shall    plainly    and   dis- 
set  forth,      tluctly  sct  forth  his  cause*  of  action. 

Araiiicnu-        126.   Sec.  YIIl.       It  shall  aud  may  be  lawful  in  pleading,  to  set 
bJTused?^"^  out  atuouuts  and  dates  in  figures,  or    what  is  sometimes   called    the 
Arabic  iNumerals. 

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


An  Act  to    curtail  and  siivpJijy   Civil  Pleadings. — Approved  Jan. 

29,  1850.     Pam.  275. 


in  slander. 


Declaration  127.  Sec.  I.  Bc  it  enacted,  That  from  and  after  the  passage  of 
this  Act,  the  form  of  an  action  for  words  may  be  as  follows,  to-wit : 
Georgia,  ^ 

Counter.  V      To  the  Honorable  Court  of  said  County. 

The  p>etition  of  A.  B.  sheweth    that  C.  D.,  of  said   County,    has 
injured  and  damaged  your  petitioner  in  the  sum  of  dollars, 

by  falsely  and  maliciously  saying  of  and  concerning  your  petitioner, 
on  the  day  of  ,  18       ,  the  following  false  and 

malicious  words,  to-wit :  Wherefore  your  pe- 

titioner prays-  process  may  issue  requiring  the  said  C.  D.    to  be  and 
appear  at  the  next  Court  to  be  held  in  and  for  said  County, 

then  and  there  to  answer  your  petitioner's  complaint. 

*See  same  provision,  Act  of  1818,  sec.  109;   see  also,  sec.  128. 


k 


JUDICIAPi.Y.— Sup'r  and  Inf'r  C'ts— Ac lw7i— IS 50. 


403- 


A mendniGiit  of  iii'^noincr — Non-joinder — Anal3^sis. 


128.   Sec.  II.     No  plaiiitiiT  shall  be  nonsuited  for  want   of  form,  xNo nonsuit 
who  shall  set  forth  his  cause  of  action  as  plainly  and   distinctly    as  itlZ'^''  ""' 
the  charge  of  slander  is  set  forth  in  the  form  of  declaration    by  the 
first  section  of  this  Act  prescribed. 


A?i  Act  to  ctuthorize  amendments  to  hemade  instantcr,  in  cases  of  Mis- 
no'incr  in  all  Judicial  Proccedi^igs,  and  for  other  imrj^ioscs. — Ap- 
proved Feb.  22,  1850.     Pam.  44. 

129.  Sec.  I.  Be  it  enacted^  That  from  and  after  the  passage  of 
this  Act,  all  misnomers  made  in  writs,  petitions,  bills  or  other  Ju- 
dicial proceedings  on  the  civil  side  of  the  Court,  shall  be  amended 
and  corrected  instanter,  without  working  any  unnecessary  delay  to 
the  party  having  made  the  same. 

130.  Sec.  II.  In  suits  by  or  against  partners,  or  when  any  tvv^o 
or  more  persons  sue  or  are  sued  in  the  same  action,  and  the  nime  of 
any  person  v^ho  ought  to  be  joined  in  such  action  as  plaintiif  or  de- 
fendant is  omitted  ;  on  ascertaining  the  same,  the  omission  shall  be 
amended  instanter. 


Mi?nomcr 
arnonded  in- 
atanter. 


Non-jt'indcr 
ameiuled 
ins  canter. 


5.     VERDICT,   JUDGMENT,    STAY  OF  EXECUTION  AND  APPEAL 


* 


Sec.  131.  Verdict,  judgment,   and  aj)peal, 
&c. 
**     132.  Confession  of    judgment. 
"     133.  Interest  on  unliquidated  demands . 
*'     134.  Lien  of  judgments. 
*'     135 .  Renewal  on  Court  roll. 
«*     133.  Lien— ciTect  of  appeal. 
*<■     137.  Judgments  at  same  tcnn. 
*'     138.  Bona  jlde  purchasers. 
Appeals  from  Ordinary. 


139. 
140. 
141. 

142. 


Dormant  judgments. 
Eitect  of  Act  of  1822. 
Judgmciits  vs,  surety  on  appeal. 


143.  Transfer  of  judgments. 


Sec.  144.  Not  if  paid  by  defendant. 

145.  Verdict  in  trover  or  trespass. 

146.  Lien  of  plain tifi'. 

147.  Appeal  by  one  of  several. 

148.  Eii'ect  of. 

149.  Sureties'  rights. 

150.  Appeal  by  paupers. 

151.  Appeals  in  Equity. 

152.  Appeal  by  Administrators,  &c. 

153.  Scifa.  unnecessary 

154.  Judgment  on  bonds. 

155.  Successive  judgments. 

156.  Llevival  vs.  absent  defendants. 


*For  Act  in  relation  to  judgments  entered  up  in  partnership   name,    sec  Axt.  XIX. 
"  Partners  and  Partnership,"  sec.  426. 

AVhere  all  the  partners  are  not  served,  see  subdivision,  "Parties,"  sec.  103. 

As  to  jiidgment  on  award,  see  ante.  "  Pleadings,  &c."  see.  108. 

As  to  judgments  in  Justices'  Courts,  see  title  "Justices  of  the  Peace."  , 

As  to  judgments  against  sureties  on  appeal,"  see  Art.  XXI.  "Sureties  and  Indorsers," 
sec.  432, 

As  to  appeals  from  verdicts  m  claim  cases,  see  Art.  VII.  "Claim,"  sec.  250. 

As  to  effect  of  judgment  on   attachment,  see  "Attachment  and  Garnislunent,"  sees, 
11,  49. 

As  to  judgment  and  executions  against  stockholders  in  corporations,  see   Art.  X. 
"  Corporations,  &c."  277. 

As  to  duty  of  Clerk  to  enter  judgments  satisfied,  see  Art.  XVII.  "  Officers  of  Court," 
sec.  374. 

Judgments  against  indorsers  must  specify  the  contract,  see  Art.   XXL  "Sureties  and 
Indorsers,"  sec.  447. 

Appeals  in  summ^ary  process  to  enforce  lien,  see  "  Internal  Transportation,"  Art.  II. 
"  Steam^boats,  &c."  sec.  3. 

As  to  interest  on  judgments,  and  separate  entry  of  the  same,  see  title  "  Literest," 
sec.  2. 

As  to  verdicts  obtained  by  perjury,  see  "Penal  Code,"  sec.  163. 

For  form  of  verdict  in  divorce  cases,  see  " Divorce,"  sec.  4. 

For  xict_req.uiring  yerdicts  to  be  in  federal  currency,  see  title  "Coin  and  Currency," 
sec.  4. 


494 


JUDICIARY.— Sui^'r  and  Inf'r  C'Ts—Acfiov—1799. 


^'erdict — ytuy — Appeal. 


Jadidary  Act  of  1799.— YoL  I.  292. 


VERDICTS     AND    JUDGMENTS. 


Verlir.t?  and 
judgmeuLs. 


131. 


Sec.  XX YI.  In  all  Cvises  where  a  verdict  shall  be  rendered, 
the  party  in  whose  favor  it  may  be,  shall  be  allowed  to  enter  and 
sign  judgment  thereon  at  any  time  within  four  days  alter  the  adjourn- 
ment of  the  Court,  at  the  Clerk's  office,  for  the  amount  of  such  ver- 
dict and  all  legal  costs  recoverable  thereon,  and  no  execution  shall 
issue  on  any  verdict  until  such  judgment  shall  be  entered, 
signed  by  the  party  or  his  attorney;  and  all  the  property*  of 
the  party  against  whom  such  verdict  shall  be  entered,  shall  be  bound 
from  the  signing  of  the  first  judgment  ;f  ^  [but  where  several  judg- 
ments shall  be  of  e(jual  date,  the  first  execution  delivered  to  the  Slic- 
rilf  shall  be  the  fust  satisfied ;]:[  Provided  always^  that  any  party 
against  whom  such  judgment  shall  be  entered,  may  enter  good  and 
snlficient  security,  cither  in  open  Court  or  in  the  Clerk's  office,  witii- 
m  the  time  aforesaid,  for  the  payment  of  the  judgment  and  costs 
v/ithin  sixty  days  ;  and  if  such  party  shall  not  pay  the  same  agreea- 
biy  thereto,  execution  may  issue  against  such  party,  and  the  security, 
without  any  other  proceeding  thereon:  And  provided  also,  that  in 
'case  either  party  shall  be  dissatisfied  with  the  verdict  of  the  Jury, 
then,  said  in  all  such  cases,  either  party  may,  within  four  days'^  after 
Appeal.  the  atijournment  of  the  Court  in  which  such  verdict  was  obtained, 
numnfiSts  enter  an  appeaP  ill  the  Clerk's  office  of  such  Court  (as  matter^of 
Surity!'^^"^"^"^g''^ ;)  ^^^<i  ^'f  such  vci'dict  shall  be  obtained  in  the  Inferior  Court,  it 
shall  be  the  duty  of  the  Clerk  thereof  to  transmit  such  appeal^  to  the 
Clerk  of  the  Superior  Court  of  the  County  in  which  such  verdict  shall 
be  obtained,  who  shall  enter  the  same  on  the  appeal  docket,  wliich 
appeal^  shall  be  admitted  and  tried  by  a  special  Jury  :  Provided^  the 
person  or  persons  so  appealing  shall,  previous  to  obtaining  such  ap- 
peal, pay  all  costs  which  may  have  arisen    on  the  former  trial,  and 


Ft-ur  of  exe 
cution. 


Fi.  fa.  vs 
Burety. 


*"As  to  judgments  against  partnership  where  all  are  not  served,  see  subdivision  "Par- 
ties," sec.    10-J.     As  to  property  exempt  from  sale,  see    "Insolvent  Debtors,"  sec.  16, 

fEut  see  Act  of  1822,  sec.  133;  see  also  sec  l-io,  as  to  how  far  verdict  in  trover  vests 
the  property  in  plaintili. 

^Repealed  by  Act  of  1822,  sec.  137.     §i\.ppeals  from   Ordinary,  sec.  139. 

(1.)  The  judgment  lien  takes  precedence  of  factor's  lien,  subsequent  in  date.     5  Ga.^ 
153.     Judgment  has  no  lion  on  notes  and  choses  in  action.     6  Ga.  550. 

Judgment  lien  having  attached  on  property  removed  to  another  State,  may  be  enfor- 
ced if  it  is  brought  back.     7  Ga.  3oo.     See  Wellborn  vs.  Bonner,    9  Ga.  Rep. 

(2.)  The  appeal  will  be  presumed  to  be  in  time,  unless  the  contrary  apj)ear.    1  Kelly ^ 
273. 

(3.)  An  appeal  suspends,  does  not  vacate  the  judgment,    and  if  dismissed  or  with- 
drawn, the  rights  of  all  the  parties  are  the  same  as  if  no  appeal  had  been  entered,    and 
judgment  accordingly.     1  Kelly,  92.     An  appeal  Hes  from   a  confession   of  judgment 
reserving  the  liberty.  1  Kelly,  275  ;    and  may  be  entered  by  the  attorney,     lb. 

(i.)  Sending  up  the  original  papers  with  a  certified  copy  of  the  bond,  is  a  compliance 
with  this  requisition.     1  Kelly,  215. 


JUDICIARY.— Sup'r  and  Inf'r  C'ts— Action— 1709-1810.  495 

Mis-trial — Confession — Interest. 

give  security^  for  the  eventual  condemiiation  money*  except  execu- 
tors and  administrators/-  who  shall  not  be  liable  to  give    such  sccu.- 
rity,f  but  if.  on  hearing  such  appeal,  it  shall    appear  to  the  Jury  that 
the  appeal  was  frivolous,  and  intended  for  delay  only,  they  shall   as- 95  per  rent, 
sess  damage  to  the  party  aggrieved  by   such    delay,    not    exceeding  nilly"b7ffiv- 
twenty-five  per  centum  on  the  principal  sum  which  they   shall    find  [^j]^*j'^''Jj''^- 
due  ;  and  such  damages  as  shall  be  so  assessed,  shall  be  specially  no-  p'v^i-^- 
ticed  in  the  verdicts  or  such  Jurors,"^  and    no  person  shall  be  allowed  «jf  appeal. 
to  withdraw  an  appeal    after    it    shall   be  entered  but  by  the  con- 
sent of  the  parties.     And  in  case  of  a  Jury  committing  a  contempt, 
or  breaking  up  before  giving  in  their  verdict  in  any  civil  case,    the 
Court  may  declare  tlie  same   a  mis-trial,  and  shall    fine    eacli    of  tlie  xis-triai. 
ofienduig  Juror  or  Jurors  in  a  sum  not  exceeding  one  hundred  dol- 
lars.    And  if  any  party,  plaintiff  or  defendant,  be  hereafter  nonsuit- 
ed or  cast,  by  reason  of  the  neglect  or  misconduct  of  the   attorney, 
who  shall  hereafter  bring  or  be  employed  in  such  suit,  in  all   cases  Attorney  lia- 
the  said  attorney  shall  pay  all  costs  that  may  accrue  thereby,  and  the  in'i-eruiiu  "^ 
Court   shall  immediately  enter  up  judgment   accordingly    for    the  '''^'''^'^" 
same. 

132.  Sec.  XXYII.     No  confession  of  iudsment shall  hereafter  be  ^'^infossion 

1  1  •         1        /-N  1  1     "      1  ^n        1  T     r        -i  '■■^  judgment. 

entered  up,  but  m  the  County  where  tiie  deiendaut  or  deiendants 
may  reside,  or  unless  the  cause  hath  been  regularly  sued  out  and 
docketed  in  the  usual  way  as  in  other  cases,  nor  until  such  cause  be 
called  in  order  by  the  Court  for  trial. '^ 

133.  Sec.  XXVill.     No  verdict  sliall  be  received  on  any  unliqui- ^^'^^'n^'^^'^^it 
dated  demand  where  the  Jury  have  increased  their  verdict  on  account  fi-uf^d  de- 
of  interest,  nor  shall  interest  be  given  on  any  open  account,    in  the 
nature  of  damages. 

Sec.  XXIX.     [Superseded  by  Act  of  1812.] 


All  Act  to  j)ohit  out  a  regular  and  definitive  Rude  for  the  Prior itu  of 
Judgmejits,  obtained  in  the  several  Courts  oftJiis  State. — Approv- 
ed Dec.  13,  IS  10.     YoL  11.  621. 

134.   Sec.  I.     From  and  after  the  passing  of  this  Act,  all   judg- 

*Bvit  see  Act  of  18i2,  sec,  1-50.  Sec  also  Act  of  1839,  sec.  1-17,  as  to  appeals  by  one 
of  several  parties  ;  and  Act  of  1843,  see.  lol,  and  note  thereto,  as  to  appeals  in  E'4uity 
cases. 

fSee  Act  of  1843,  sec.  lo2,  as  to  appeals  by  executors,  &c. 

[1.]  The  security  may  be  released  and  another  substituted  by  order  of  Court.  1  Kel- 
ly,  176.  The  bond  need  not  be  attested  by  the  Clerk.  1  Kelly,  275.  Nor  signed  by  the 
party.  2  Il}id.  236.  If  signed  by  an  attorney,  it  may  be  ratified  subsequently  by  leave 
of  Court.     6  Ga.  92. 

(2.)  If  the  appeal  is  entered  by  intestate,  in  his  lifetime,  and  security  becomes  in- 
solvent, administrator  need  not  give  additional.  2  Kelly,  272.  If  judgment  is  a"-ainst 
executor  personally,  and  not  the  assets  of  estate,  he  niust  give  security.  McCay  vs. 
Devcrs,    9  Ga.  Rep. 

(3.)  The  security  may  be  charged  by  5fi. /a.     6   Ga.  416. 

(4.)  Either  party  has  a  right  to  confess  judgment,  with  liberty  of  appeal,  without 
the  consent  of  the  other  party.     5  Ga,  298, 


496         JUDICIARY.— Sup'r  and  Inf'r  C'ts— Action— 1810-'22. 

Lien  of  Judgments — llenewal — Effect  of  appeal* 

All  judgm'fs  iTients  obtained  in  the  Superior,  Inferior  or  Justices'  Courts    of  this 

m  Ss?ri4?  State,  shall  be  entitled  to  the  right  or  claim  of  any   money  received 

iugmjaey.   j^y  |1.q  Sheriffs,  Coroners  or  Constables,  agreeable  to  the  date  of  such 

judgment  or  judgments,  and  that  all  the    property  belonging  to    the 

defendn^it  or  defendants,  shall  be  bound  and  subject  to  the  d'scharge 

of  the  first   judgment  or  judg;ments,  obtained  in  either  of  the  afore- 

if  claimed    Said  Courts  :*  Provided,  the  demand  of  such  right   is  made   before 

any  of  the  aforesaid  officers  have  paid  the  money  over  to  the    piain- 

tirf  in  interest :  any  lav/,  usage   or  custom  to  the  contrary  notwith- 


in  time. 


standmg. 


Sec.  II.      [Directing  hov/ claims  shall  be  tried  in  Justices' Courts. 
See  Justices  of  the  Peace,  sec.   9.] 


An  Act  exjilanatorij  of  the  several  Judiciary  LaiDS  of  this  State. — 
Approved   Dec.  7,  1812.     Yol.  III.  382. 

Judgni't?  135.     No  part  of  the  Judiciary  Laws   of  this   State    shall  be  so 

rSiewed!  °  coustrued  as  to  require  the  renevv^al  of  any  judgment    as   heretofore 
practised,  or  in  any  other  manner  whatever.f 


An  Act  to  amend  the  2(jih  section  of  the  Judiciary  Act,  passed  16th 
day  of  December,  1799  ;  and  also  to  iirevent  a  fraudulent  enforce- 
mtnt  of  Dormant  Judgments. % — Approved  Dec.  19,  1822.  Yol. 
lY.  209. 

A  contrariety  of  decisions  having  taken   place  in  the   different 

circuits  in  this  State  as  to  the  time  Vvdien  the  property  of  the    party 

against  whom  a  judgment  is  entered  shall  be  bound  ;  and   dormant 

judgments,  by  being  coUusively  kept  open,  or  made  the  instruments 

of  fraud  on  innocent  purchasers,  and    often  operate    oppressively  on 

vigilant  and  bona  fide  creditors  ; 

Defendant's       136.     Be  it  ciiacted,  That  from  and  after  the  passing  of  this  Act, 

boumi'from  3-11  property  of  the  party  against  whom  a  verdict  shall  be  entered  and 

thSrS  ^^    ^  judgment  signed  thereon,  in  conformity  to  the   provisions  of  the 

judgment     twentv-sixth  section  of  said  Act  of  1799.  shall  be  bound  from  the 

whoie  no  ap      .        .    "*  .      ^  .  , '  ,      , 

peal.  If  an  sigmug  01  the  ilrst  judgment,  m  cascs  whcre  uo  appeal  is  entered; 
bound  so  fa5  but  in  cascs  whcrc  an  appeal  is  entered  from  the  first  verdict,  the 
aiienS^"^  P- operty  of  the  party  against  whom  the  verdict  is  rendered  shall 
firJandfi"-^  [uot]  bc  bouud  cxccpt  from  the  signing  of  the  judgment  on  the  ap- 
naijudgm'u  peal,  cxccpt  SO  far  as  to  prevent  the  alienation  by  the  party  of  his, 


*See  Act  of  1822,   sees.  136,  137. 

fBnt  see  Act  of  1823,  sec.  140,  as  to  dormant  judgments. 

JAmended,  see  Act  of  1823,  sec.  140. 

[l."l  lliis  Act  does  not  repeal  the  Act  of  IStli  Feb.  1799,  giying  preference  to  claims 
of  minors  in  certain  cases,  in  distribution  of  trustees'  estates,     1  Kelly^  269. 
Tlie  lien  is  not  lost  by  a  levy  on  land  and  a  pending  claim.     8  Ga.  194. 
It  is  by  a  sale  under  a  younger  judgment,    Harrison  ys.  McHenryj    9  Ga.  Rep, 


JUDICIARY.— Sup'r  and  Inf'r  C'ts— Action— 1S22-' 23.         497 

Protection  of  purchasers — Appeals  from  Ordinary. 

her,  or  their  property,  between  the  signing  of  the   first  judgment 
and  the  signing  of  the  judgment  on  the  appeal.^ 

137".  Sec.  II.     All  judgi^ients  signed  on  verdicts  rendered  at  the  Aiijudgmts 
same  term  of  the  Court,  be  considered,  held,  and  taken  to  be  of  equal  sLmTtem.* 
date  ;  and  no  execution  founded  on  said  judgments,   obtained  at  the  ed^oTequli'' 
same  term  as  aforesaid,  shall  be  entitled  to  any  preference  by  reason  ^^^®' 
of  being    first  placed   in  the  hands  of  the  officer.* 

Sec.  III.     [Repealed  by  Act  of  1823,  sec.  147.] 

138.   Sec.  IY.     No  judgment  shall  be  enforced  by  the  sale  of  any  No  jud ?m't 
real  or  personal  estate  which  the  defendant  may  have  sold  and   con-  forced 
veyed  to  a  purchaser  for  a  valuable  consideration,  and    without   ac-  purSser  «f 
tual  notice  of  such- judgment :  Provided,  such    purchaser,    or    those  hls'E^^? 
elaiming  under  him,  by   such  sale   and  conveyance,    have  been   in  years,  or  of 
peaceable  possession  of  such  real  estate  for  seven  years,  and  of  such  who  has 
personal  estate  four  years,    before  the  levy  shall   have   been  made  in  possJsS 
thereon.^'  S'.!  ^"""^ 


An  Act  to  cause  all  appeals  from  the  Courts  of  Ordinary  of  this 
State  to  he  tried  and  deterinined  by  a  Special  Jury  of  the  County 
where  the  case  may  happen,  touching  the  Probate  of  Wills,  and 
granting  Letters  of  Administration,  in  tohich  matters  of  fact  are 
involved,  instead  of  a  decision  being  had  thereon  by  the  Court  only. 
Approved  Dec.  19,  1823.     Yol.  IV.  213. 

Whereas,  it  has  heretofore  been  the  practice  in  some  of  the  Judi-  PreamWo. 
cial  Circuits  of  this  State  for  the  Judges  of  the  Superior  Courts  to 
hear  and  determine  appeals  from  thfe  Courts  of  Ordinary  of  this 
State,  touching  the  probate  of  wills,  and  granting  letters  of  ad- 
ministration, in  which  matters  of  fact  were  involved  ;  and  it  being 
the  policy  of  this  government  to  retain  the  trial  by  Jury  in  all  cases 
in  which  matters  of  fact  are  involved, 

139.   Be  it  therefore  enacted,  That  from   and   immediately  after  Appeals  from 
the  passing  of  this  Act,  all  appeals  taken  up  from  the  decision  of  the  oniinary  \o 
several  Courts  of  Ordinary    of  this    State   to    the   Superior    Court,  speSuuV- 
touching  the  probate  of  wills,  and  granting  letters  of  administration, 
in  which  matters  of  fact  are  involved,  shall  be  tried  and  determined 
by  a  Special  Jury  of  the  County  where  the  case  may  happen,    in  the 
same  way  and  under  the  same  regulations  as  other  appeals  ;  any  law, 
usage,  or  custom  to  the  contrary  notwithstanding.! 

♦See  ante,  Act  of  1810,  sec.  134. 

fSee  Appendix,  *♦  Constitution  of  Georgia."  Art.  III.  sec.  YI. 

[1.]  If  two  judgments  are  obtained  at  same  term,  and  one  is  appealed  from,  and 
pending  the  appeal  property  is  aliened,  and  subsequently  levied  on  and  sold,  the  judg- 
ment unappealed  from  is  the  oldest  lien.     8  Ga.    121. 

[2.]  Applies  to  judgments  obtained  prior  to  1822.    7  Ga.  163. 

63 


49S  JUDICIARY.— Sup'r  and  Inf'r  C'Ts—Actio?i—lS23-'26. 

———■■—..  ■^,11-.    ■  ^,,, , —    —  ■ ■■■   - , —    ■  , .    ■    ,,     .  .  .  , ., . — — —  ■— — • — 

Dormant  judgments — Liability  of  securities. 


A71  Act  to  be  entitled  an  Act  to  amend  the   Third  Section  of  an    Act 

,  passed  19th  day  of  December^  1822,  entitled  cm  Act  to  amend    i/te 

twenty-sixth  Section  of  the  Judiciartj  Act,  passed  tlie  l^th  day  of 

December,  \7 99  \    en ul  also  to  prevent   a.,  fiaua'itlent  enforcement 

of  Dormant  Jiidgnienis. — Approved  Dec.  22^  1823.  Vol.  IV.  214. 

jK.!?n>emg        X40.     All  luclffments  that  have  been  obtained  since  the  said  19th 

o<)t;t.uu*a  JO 

since  the     day  of  December,   1822,  and  ail  judgments  that  may  be    hereafter 

!&>-], on"     rendered  in  any  of  the  Courts  of  this  State,  on  which  no  execution 

fcmi!m"be^''  sliali  bc  sucd  out,  or  which  executions,  if  sued  out,  no    return  shall 

IlTitlli-Vi"'^  be  made  by  the  proper  officer  for  executing  and  returning  tlie    same 

n.^de  there-  witliiu  vScvcu  veais  ffom  tlic  date    of  the    iuda:ment,i  shall  be    void 

joiir.^  de-    and  of  no  effect :   Provided,  that  nothing  in  this  Act  contained  shall 

i'jwiao!''^  '  prevent  the  plaintiff  or  plaintiifs  in  such  judgments  from    renewing 

the    same   after   the    expiration  of  the   said    seven  years,    in  cases 

where  by  law  he  or  they  would  be  otherwise  entitled  so  to.  do,*~  but 

the  lien  of  such  revived  judgments  on  the  property  of  the  defendants 

thereto,  shall  operate  only  from  the  time  of  such  revival. 

.'\nyjud?ra't      141.   Sec.  II.     Whcu  auy  judgment  or  cxccution   has   been    de- 

dcdamf'^"  glared  void  and  of  no  effect  by  the  construction  given  by  an 3^  of  the 

void  under  (jQyr.|g  |q  ||^g  g-^j^j  third  scctiou  of  Said  Act,  the  said   iudsrnient  and 

the  3d  nee.  uf         •  ?  .j        » 

the  MX  of   execution  so  declared  void  and  of  no  effect  shall,  and    is  hereby  de- 

IH"'''  (ire  .  .  1  '  . 

now'tobe  inclared  to  be  in  as  full  force    and  effect  as  though    the  said  Act  had 

iul!  force.  ,1  i 

not  been  passed. 
ofiSrro-^      Sec.  in.     The  said  third  section  of  the  Act  passed  on   the  said 
pealed.'       iQth  day  of  December,  1822,  is  hereby  repealed. 


An  Act  to  define  the  liahitity  oj  Securities  on  Aipeal,  on  Stay  of 
Execution,  and  for  proLcctwn  of  Bail,  ^'c. — Approved  Dec.  20, 
1826.     Vol.  IV.  216. 

jT!d{nnrntv8.      142.  Sec.  II.     lu  all  cascs  of  appeal   where  security   hath   been 

lu<rsecarity  given,  and  hereafter  given,    and  hereafter   to  be  tried,   it  shall   and 

ou appeal.     ^^^^^  |^^  lawful  for  thc  piaintiif  or  his  attorney,  to  enter  up  judgment 

against  the  principal  arid  the    security  jointly  or  severally,'^  and  the 

execution  shall  issue  accordingly,  and  proceed  against  either  or  both 

at  the  option  of  thc  plaintitf  until  he  is  satisfied:  Provided  neverthe- 

^See  Act  of  1850,  sec.  loo,  as  to  revival  wlicre  defendant  is  absent  from  the   State. 

(1.)  There  must  be  an  entry  every  seven  years.  2  Ketty,  252.  If  it  is  not  barred 
when  it  comes  into  Court  to  claim  money,  it  v.ill  not  become  so  pending  the  litigation. 
3  Keiiy,  274.  -^^ 

The  entry  may  be  made  by  the  officers  of  any  County.     7  G  c  .187. 

Debt  lies  on  a  dormant  judgment,     lb.  303. 

Mortgage  judgments  arc  not  emlraced  in  this  Act.     Ih.  495 

ApT)lics  to  decrees  hi  Equity.     8  lb.  32. 

I^il'ect  of  dorraant  judgniciit  as  evidence  to  prove  devastavit,  see  8  Ga.  Rep.  351. 

(2.)  V/hen  assigned,  reviewed  in  name  of  plaintiffs  for  use  of  assignee.     7  Ga.   204. 

(3.'>   This  Act  cumvilative,  net  imperative.     6  G-a.  41G. 


I 


JUDICIARY.— Sup'r  and  InfV.  C'ts— .4c/207z— 1829-'30.         499 

Judgments  negotiable — Eifect  of  verdict  in  Trover  or  Trespass. 

less,  if  the  execution  against  tlie  security  or  securities  be  first  paid  control  hy 
hy  him  or  them,  than  the  execution  against  the  principal   shall  still  **^*^""^* 
be  of  force  and  under  the  control  of  the  security  or   securities,  until 
the  same  be  satisfied  by  said  principal. 

[For  balance  of  this  Act,  sea  Art.  XXI.   ''  Securities  and   Indor- 
sers,"  sec.  431.] 


An  Act  to  aiitliorizetlie  Assigimicnt  and  Transfer  of  Judgment s  and 
Executions,  and  to  laake  certain  and  iin'/jorni  the  practice  roith 
regard  to  the  same. — Approved  Dec.  22d,  1829.     Vol.     lY.   225. 

143.  From  and  after  the  passa"fe  of  this  Act,  it  shall  and  may  be  Jii<igm'ts  or 
lawful  for  the  plaintifT  in  any  judgment  or  execution  to  sell  or  trans- made  nego- 
fer  the  same  by  written  assignment,  or  control,  and   said  sale  or   as-  uanienuJie, 
sisrnment  shall  not  be  considered  a  discharsfe   or  satisfaction   of  said 
execution,  bat  the  assignee  may  proceed  to  collect  the  same   for  his 

own  use  and  benefit,  in  as  full  and  ample  a  manner   as    the    plaintiff 
could  have  done  if  no  such  transfer  or  assignment  had  been  made.^ 

144.  Sec.  IF..     Nothin^:  in  this  Act  contained  shall  be   construed  ^'!!t'^p«'^ 

1-1  M  ■  n  ■  !    •     1  1  nrl  hy  t}:e  (le- 

as to  authorize  the  collection    oi  any   execution    v/hich   may  have  fendauL 

been  paid  off  by  the  defendant  or  his  agent,  and  kept  open  for  the 

purpose  of  defrauding  other  creditors. 


Aft  Act  to  prevent  Personal  Propcrii/  which  is  the  subject  of  an  Action 
of  Trespass,  or  Tiover,  front  vesting  in  the  dcfendcmt  or  defend' 
ants  to  such  actiOfn^hy  virtue  of  a  reconery  ati.d  judgment  by  the 
■plaintijj]  except  so  far  as  to  be  subject  to  be  sold  under  iJie  execu- 
tion, which  shall  or  may  issue  upon  such  judgment  of  the  said 
plaint{ff\  obtained  by  liini  in  the  said  Action  of  Trespass,  or  Tro- 
ver, and  to  make  sucJi  property  Jirst  Uable  to  the  payment  oj' the 
damages  recocered  in  said  action. — Approved  Nov.  25,  1830. 
Pan-i.'  122. 

115.     From  and  immediately  after  the  passing  of  tliis  Act,  when  now  far  the 
a  verdict  for  damages,"^  shall  be  found,  or  rendered  in  favor  of  a  plain-  chS?!  by 
tilf,  in  trover  or  trespass,  and  a  judgment    shall    be   signed  thereon,  n-ovoJ of '" 
the  said  verdict  and  judgment   shall  not  have  the  effect    to    change  ^'^'■^^^''^^ 
tiie  property,  which  is-  the  subject  matter  of  the  said  suit,  or    action, 
or  to  vest  the  same,  or  any  part  thereof,  in  the  defendant,  or  defend- 
ants, to  the  said  suit,  or  action  of  tresnass  or  trover,    until  after  the 

(1.)  An  assignment  of  a  judgment  against  the  first  indorser,  to  the  subsequent  in- 
dor.-;cr,  en  payment  of  the  debt  by  him,  is  not  an  extinguishment  of  the  judgment, 
1  Kclty,  205. 

An  assignee  takes,  subjeet  to  all  Equities.  2  Ktlty,  loo  :  Eut  does  not  acquire  the 
right  to  sue  for  a  fraud  against  the  original  plaintiff.  4  Ga.  284.  Under  this  Act  judg- 
jnents  are  negotiable,  as  promissory  notes  payJl)le  to  order.  5  Ga.  364.  Assignment 
feho\ild  be  in  writing.  6  Ga.  515;  otherwise,  the  assignee  takes  only  an  equitable  in- 
tercot.     Jmd. 

(2.)  Alternative  verdicts  proper  under  established  practice.    6  Ga.  287. 


500 JUDICIARY.— Sup^R  and  Inf^r  C'ts— Action— 1S39. 

Appeal  by  one  of  several  parties. 
'         "      •,■ '  '  — " 

damages  and  costs  recovered  by  the  plaintiff  in  such  action,  are  paid 
off  and  discharged,  except  so  far  as  to  subject  the  said  property  to 
be  sold  under  and  by  virtue  of  an  execution,  issuing  on  said  judg- 
ment, in  said  action  of  trespass,  or  trover,  and  to  make  the  same  lia- 
ble to  the  payment  of  the  damages  and  cost,  recovered  in  said  action. 
^}^?  ?i  146.   Sec.  II.     No  iudsrment  obtained  against  the  said  defendant, 

plaintiff  not  .  .  "^  ^     ^  *-"...  ^.  ' 

affected  by  to- such  suit  or  actiou  01  trcspass  or  trover,  prior  m  pomt  oi  tmie  to 
fudgment  thc  Said  judgmcut,  so  obtained  by  the  said  plaintiff,  in  such  action 
dffcndant^  of  trcspass  or  trover,  shall  have  any  lien  cr  binding  force  on  the  said 
property,  which  is  the  subject  matter  of  such  action  of  trespass  or 
trover,  until  after  the  damages  and  costs  recovered  by  such  verdict, 
aiid  judgment  of  the  plaintiff,  in  such  action  of  trespass  or  trover, 
are  first  paid  off  and  discharged. 

Sec.  III.     All  laws  and  parts  of  laws,  which  militate  against  this 
Act  are  hereby  repealed. 


A71  Act  to  explain  and  amend  the  Judiciary  Ad  of  1799,  so  far  as 
concerns  the  granting  of  Appeals  in  certain  cases. — Assented  to 
Dec.  23,  1839.     Pam.  142.' 

Whereas,  a  contrariety  of  opinion   exists  among   the   Judges  of 
this  State,  and  a  different  practice  prevails  in   the   different  Judicial 
Circuits  thereof,  touching  the  granting  of  appeals  under  certain    cir- 
cumstances, for  remedy  Avhereof : 
oneofpev-       147.   g^c.  I.     Be  it  enacted.  That  from  and  after  the  passaa-e  of 

er<il  parties       i-.  -in  i  iiri  ini 

may  appeal,  this  Act,  it  shall  and  may  be  lawful,  w^nenever  there  shall  be  more 
than  one  party  plaintilT  or  defendant,  and  one  or  more  of  said  par-  ^ 
ties  plaintiff  or  defendant,  desire  to  appeal,  and  the  other  or  others 
refuse  or  fail  to  appeal,  it  shall  and  may  be  lavv^ful  for  any  party 
plaintiff  or  defendant,  to  enter  his  pippeal,  under  sucti  rules  and  regU:- 
lations  as  are  now  provided  by  law.i 

The  whole        I4g.   g^c.  II.     Udoii  the  appeal,  either  of  the  plaintiff  or  defend- 

reccifd  goes  _  t       -,  , 

up,  ant,  as  aforesaia,  the  whole  record  shall  be   taken   up,    but  in    case 

damages  shall  cr  may  be  awarded  upon  such  appeal,  such  damages 

}^*JJ^j^J^"""  shall  only  be  recovered  against  the  patSy  or  parties   appealing,    and 

theappei-     tliclr  sccuritics,  and  not  against  the  party  or  parties  failing  or  refusing 

to  appeal, 
^medy^^'  "^^'  ^^^'  ffl-  I^  C'^se  any  such  security  or  securities  shall  be 
js^j^nsuhe  Compelled  to  pay  off  the  debt  or  damages  for  which  judgment  may 
be  entered,  in  any  cause,  he,  she  or  they  shall  have  recourse  only 
against  the  party  or  parties  for  whom  he,  she  or  they  became  securi- 
ty or  securities. 

Sec.  IV.     [Repealing  clause.] 


(1.)  One  of  the  parties  not  appealing,  djing,  his  legal  representative  must  be  made  a 
party.     1  Kelly ,  475. 

The  party  not  appealing  is  bound  by  first  yerdict — no  fi.  fa.  can  issue  however,  until 
judgment  on  appeal.    8  Ga,  330. 


JUDICIARY.— Sup'r  and  Inf'r  C'ts— Action— 18^2-' A3.  501 

Appeals  witliout  jjajdng  costs — Appeals  in  Equity  Cases. 


An  Act  to  enable  parties,  plaintiff's  or  defendants  in  any  Court  of 
this  State,  to  appeal,  without  paying  costs  and  giving  security, 
as  now  required  by  law,  07i  certain  conditions  herein  mentioned  ; 
and  also  to  enable  parlies  in  Justices'^  Courts  in  this  State,  to  ob- 
tain certioj'aries  without  paying  cost  and  giving  security,  on  cer- 
tain co?iditions  hei'ein  mentioned. — Assented  to  Dec.  27,  1842. 
Pam.   13. 

150.   Sec.  I.     Be  it  enacted,  That  from  and  after  the  passage    of  Party  un- 
this  Act,  when  any  party,  plaintiff  or  defendant  in  any  suit  at  Law,  'poveVtyj'to 
or  in  Equity,  hereafter  to  be  commenced,  in  any    of  the    Courts    ofandgiv?s»- 
this  State,  ^vhere  the  party  cast  shall  be  dissatisfied  with  the  decis- '^^'^^y* 
ion,  and  shall  be  unable  to  pay  cost  and  give    security,    as  now   re- 
quired by  law,  if  such  party  will  make  and  file  an  affidavit  in  writing, 
that  he  or  she  is  advised,  and  believes  that    he  or   she   has  a  good 
cause  of  appeal,  and  that  owing  to  his  or  her  poverty, ^  he  or  she    is 
unable  to  pay  the  cost  and  give  security,    as  now  required  by   law 
in  cases  of  an  appeal,  such  party  shall  be  permitted  to  appeal  without  May  appeal, 
the  payment  of  cost,  and  without  giving  security,  as  heretofore  prac- 
tised in  this  'State. 

Sec.  II.     [As   to  certioraries j   see   Art.  V.       ^'Certiorari,"    &c. 
237.] 


An  Act  declaratory  of  the  Law  of  this  State  relating    to  Appeals  in 
the  Superior  Courts. — Assented  to  Dec.  27,  1843.     Pam.  123. 

151.  Sec.  I.     Be  it  enacted,  That  in  all  cases  hereafter   to  be  Appeals  in 
tried  in  the  Superior  Courts  of  this  State,  on  the  Equity  side  there-  cSmmon^  *" 
of,  either  party  who  may  be  dissatisfied  with  the  verdict  of  the  Jury,  ^^^^  cases.* 
may  enter  an  appeal  ip  like  manner  and  under  the  same  limitations 
and  conditions  as  are  prescribed  in  cases  at  Common  Law,  which  ap- 
peal shall  be  tried  by  a  special  Jury  under  the  provisions  governing 
Common  Law  cases. ^ 

*Tliis  Statute  was  passed  to  relieve  the  Coiirts  from  a  contrariety  of  opinion  as  to 
the  right  of  appeal  in  Equity  causes.  The  Judiciary  Acts  of  1792  and  1797,  provided 
that  the  Superior  Coiu'ts  should  "be  competent  to  sustain  a  suit  by  bill  and  proceedings 
therein,  until  the  setting  ftoAvn  of  the  cause  for  hearing ;  such  Superior  Court  shall  then 
submit  the  merits  of  the  suit,  "vvith  the  evidence  thereon,  which  in  all  cases  shall  be 
given  viva  voce  in  Court  (or  otherwise  within  the  rtdes  of  the  Common  Law,)  and  aU 
matters  respecting  the  same  to  a  special  Jury,  who  shall  give  their  verdict  on  the  same ; 
but  if  either  party  shall  be  dissatisfied  with  such  verdict,  an  appeal  may  be  entered  in 
the  Clerk's  office  within  t^  da;fs  after  trial,  when  a  hearing  of  such  cause  shall  again 
be  had  before  another  special  Jury,  and  such  trial  shall  be  tinal  and  conclusive."  The 
Act  of  1797  repealed  the  Act  of  1792,  and  the  Act  of  1799,  repealed  this  section  of  the 
Act  of  1797,  with  others,  and  is  itseK  silent  on  this  subject.  The  Constitution  of  1798, 
however,  renders  Jury  trial,  *'  as  heretofore  used"  inviolate.  The  Convention  of 
Judges  in  PooIys.  Barnetty  UviHey's  Rip.  8,  held  that  these  provisions  of  the  Acts  of 
1792  and  1797,  were  still  in  force — and  this  opinion  seems  to  "be  sustained  by  the  Su- 
preme Court.     Hargraves  vs.  Lewis,  7  Ga.  Rep.  126. 

(1.)  The  affidavit  must  allege  that  the  inability  arises  from  poverty.     3  Kelly,  252. 
(2.)  When  an  appeal  is  entered,  the  injvmctian  is  not  dissolved  as  a  matter  of  course. 
2  Ktlly,  265. 


502         JUDICIARY— Sup'r  and  InfV.  C'ts— Actionals i3-' 50. 

Appeals  by  Executor  and  Administrator — Judgments  on  Bonds — llevival  of  judgment. 


An  Act  to  authorise  parties   to   enter  an    Appeal^    in   certain    cases 
therein  ?nentioned. — Assented  to  Dec.  27,  1843.     Pam.    124. 

Party  dying  152.  Sec.  I.  Be  it  ciiactcd,  That  in  all  cases  hereafter  to  be  tried 
^iayr,  ex-  in  any  of  the  Courts  of  this  State,  when  either  the  plaintiff  or  de- 
mSrato^r^  fendant  shall  hereafter  depart  this  life,  after  said  cause  has  l^een  tried, 
ESifJ-^^^  before  the  time  has  expired,  which  such  party  has  allowed  by 
"»e-  law  to  enter  an  appeal,  and  no  appeal  shall  have  been  entered,  it  shall 

be  the  right  of  the  legal  representatives  of  such  party  dying,  to  enter 
an  appeal  within  four  days  from  the  time  such  executor  or  adminis- 
trator shall  have  been  qualified  :  Provided  however,,  that  in  the  con- 
struction of  this  Act,  no  appeal  may  be  entered  in  causes  not  the 
subject  matter  of  appeal. 
In  such  cas-  153.  Sec.  II.  Whenever  an  appeal  shall  be  entered  under  this 
uauecessary  Act,  it  shall  uot  be  uccessary  to  revive  suit  under  scire  facia  s  :  but 
suit  shall  be  revived  by  the  party  giving  notice  to  the  adverse  party 
within  thirty  days  from  the  time  of  appeal :  and  whenever  a  de- 
fendant shall  appeal,  said  cause  shall  stand  for  trial  on  the  appeal 
docket,  at  the  first  Court  after  twelve  months  shall  have  expired 
after  such  executor  or  administrator  shall  have  been  qualified. 


An  Act   directory   of  the  mode  of  enter ing  up  judg/ncnt  on  official 
or  voluntary  bonds. — Approved  Dec.  30,  1847.     Pam.  201. 

Judgment         154.   Sec.  I.     Be  it  enacted^  That  from  henceforth  all  judgments 
ofverdkt!    rendered  against  the  obligor  or  obligors  of  any  bond,  whether  official 
or  voluntary  bonds,  shall  be  for  the  amount  of  damnification  found 
by   the  ;Verdict  of  the  Jury,  and  not  for  the  penalty  thereof,  as  has 
been  decided  in  some  of  the  Courts  of  this  State. 
Successive        155.   Sec.  II.     Until  the  penalty  of  Said  official  or  voluutary  bouds 
imupenaity  has  bceu  oxhaustcd  by  previous   recoveries  and  satisfaction   thereof, 
IS  exhausted.  ^Q  persou  aggrieved  or  injured  by   the   conduct  of  any  one  of  the 
obligors,  shall  be  prohibited    from  suing  said  [bond]   or  bonds,  nor 
shall  any  previous  recovery  thereon  be  held  as  a  bar  to    such    subse- 
quent suit,  until  the  person  pleading  it  shall    prove    that  recoveries 
have  been  had  to  the  extent  of  the  penalty  of  such  bond  :  Provided, 
nothing  herein  contained  shall  be  construed  to  afi'ect  any  cause  here- 
tofore decided.^ 


A71  Act  to  perfect  service  of  scire  facias  on  absent  defendants  by  pub' 
lication,for  the  piayose  of  reviving  dormant  judgments. — Appro- 
ved Feb.  8,   1850.     Pam.  272. 

jodsments  156.  Sec.  I.  Be  it  enacted.  That  from  and  after  the  passage  of 
^TgaVnst  ah  this  Act,  whencvcr  any  judgment  obtained  in  any  of  the  Courts  of 
se^.it  defend-  ^^^-^  g^-g^j-g^  jg  q^  ^\i3\\  bccomc  domiaut,  and  the  defendant  or  defend- 

(1.)  SeeBothiuell  et.al.rs.   Sheffield  ct.  ah  8    Ga.  Rep.   569. 


JUDICIARY.— Sup'r  and  Inf'r  C'ts— Action— 1799.  503 

New  Trials — By  -whotu  granted. 

iints  do  or  shall  reside  Avithout  the  jiirisdictiorjal  limits  of  this  State, 
that  said  judgment  may  be  revived  against  said  absent  defendant  or 
defendants  by  such  process  as  is  usual  in  case  the  defendant  or 
defendants  reside  within*  the  State:  Provided  always,  that  the  scmce  by 
defendant  or  defendants  be  served  with  a  scire  facias  by  pub-^"^"^"^  "*" 
lication  in  some  public  gazette  of  this  State  once  a  month  for  four 
months  previous  to  the  term  of  the  Court  at  which  it  is  intended  to 
revive  said  judgment,  which  service  by  publica.tion  shall  be  as 
effectual  in  all  cases  as  if  the  defendant  or  defendants  had  been  per- 
sonally served. 

Si^c.  n.     All  laws  and  parts  of  laws  militating  against  this    Act, 
be  and  the  same  are  hereby  repealed. 


6.    NEW    TRIALS. 

m     Sec.  lo7.  Errors  and  new  trials.  Sec.  159.  Tried  by  special  Jury. 

'  *•     lo8.  From  trials  by  special  Jury. 

Judiciary  Act  of  1799.     Yol.  I.  292. 

157.  Sec.  LY.     The  said  Superior  Courts  shall  have  power  to  ^^^^  <^«"?«^ 

i  i  errors  ana 

correct  errors  and  grant  new  trials  in  any  cause  depending  in  any  of  gram  aew 
the  said  Superior  Courts,  in  such  manner  and  under  such  rules  and 
regulations  as  they  may  establish,  and  according  to  law,  and  the 
usages  and  customs  of  Courts.^ 

Sec.  LYI.     [Oath  of  the  special  Jury  repealed.] 

158.  Sec.  LYII.     In  any  case  which  has  arisen  since  the   sign- ^ew triaia. 
irig  of  the  present   Constitution,  or  vvmich  may  hereafter  arise,  of  a 
verdict  of  a  special  Jury  being  given  contrary  to  evidence  and  the 
principles  of  justice  and  equity,  it  shall  and  may  be  lawful  for  the 
Judge  presiding  to  grant  a  new  trial  before  another  special  Jury,  in 

the  manner  prescribed  by  this  Act ;  Provided,  that  twenty  days'  no- 
tice be  given  by  the  party  applying  for  such  new  trial  to  the  adverse  20  days  no- 
party  of  his  intention,  and  the  grounds  of  his  application.-'^     And  the  ^^'^^ 
said  Judge  shall,  in  all  cases  of  application  for  new  trials  or  correc- 

(1.)  The  Inferior  Courts  have  no  power  to  grant  new  trials.  6  Ga.  172. 

Public  communication,  in  Court,  by  the  Jury  with  the  Judge,  is  no  ground  for  a  new 
trial.  1  A'e%,  200.  Private  communication  may  be.  7  Ga.  397.  Maybe  granted  in 
Eqxiity  cases.  0  GaA.  May  be  granted  from  the  first  verdict.  7  Gt^.  43G.  On  the  ground 
of  surprise.  5  Ga.lo  ForncAV  matter  or  e-\ddence.  5  Ga.  86.  6  Ga.  276.  Improper  conduct 
of  Jury.  5  Ga  86,  6  Ga.  287.  Ycrdict  against  evidence.  7  Ga.  269,  283.  Improper  papers 
sent  out.  7  Ga.  283,  397.  Excessive  damages.  8  Ga.  113.  Ongroundof  mistake  of  wit- 
ness.    8  Ga.  138. 

(2.)  Application  for  new  trial,  except  in  extraordinary  cases,  must  be  made  during 
the  term  at  which  the  trial  was  had.  1  Kelly,  252.  It  may  be  made  returnable  in  va- 
cation.    4  Ga.  L57. 

This  Act  is  but  an  affirmance  of  the  Common  Law.     1  Kelly,  254. 

A  Judge  may  decide  the  motion  for  a  new  trial,  who  did  not  preside  on  the  trial.  1 
Kiilly,  306. 


504 


JUDICIAL Y.~-Sup'r  and  Inf'r  C'ts— Action— IT^jT. 


Decision  of  Judge  to  be  written  out — Costs  in  Civil  Cases. 


tion  of  errors,  enter  his  opinion  on  the  minutes  of  the  Court  for  his 

determination  on  each  respective  case.* 
Before  a  spe-      159.  Sec.  LVIII.     All  ucw  trials  shall  fee  had  by  a  special  Jury, 
cMii  Jujry.     ^Q  i^g  taken  from  the  Grand  Jury  list  of  the  County.     [As  to  the 

manner  of  striking  the  special  Jury,  see  sees.  303,  307.]^ 


An  Act  to  require  the  Judges  of  the  Superior  Courts  of  this  State  to 
write  out  and  place  upon  the  minutes  of  said  Courts  their  decisions 
in  full  in  all  cases  of  motions  for  7iew  trials^  whether  the  same  be 
granted  or  rejected^  and  upon  all  cases  of  judgment  upon  writs  of 
certiorari,  mandamus  a?id  habeas  corpus,  and  upon  all  motions  in 
arrest  of  judgment,  and  to  provide  \fo7^^  the  collection,  publication 
and  distribution  of  the  same. — Assented  to  10th  December,  1841. 
Pam.  132. 


[This  Act  has  become  obsolete  since  the  establishment  of  a 
preme  Court.] 


Su- 


7.    COSTS  IN  CIVIL  CASES.f 


Sec.  160.  Costs  in  slander  cases. 
**     161.  Attorney's  liability. 
"     162.  A^erdicts  less  than  $30. 
••     163.  Absent  clients. 
*•     164.  Attorney  liable. 


165.  Costs  onji.fas. 

166.  Payable  after  judgment. 

167.  Act  of  1812  re-enacted. 

168.  Non-resident  Attorneys. 

169.  When  and  how  collected. 


In  slander, 
damages  un- 
der 40  shil- 
lings no 
more  costs 
tban  daiua- 


An  Act  for  the  limitation  of  actions  and  for  avoiding  suits  at   -Law, 
Approved  March  26,  1767.     Yol.  I.    33. 

[For  the  other  sections  of  this  Act,  see  Art.  XY.  "  Limitation  of 
Actions."] 

160.  Sec.  YIII.  In  all  actions  upon  the  case  for  slanderous  words; 
to  be  sued  or  prosecuted  by  any  person  or  persons  in  the  General 
Court  in  this  province,  or  in  any  other  Court  having  power  to  hold 
plea  of  the  same,  after  the  passing  of  this  Act,  if  the  Jury  upon  tbp 
trial  of  the  issue  in  such  action,  or  the  Jury  that  shall  inquire  of  the 
damages,  do  find  or  assess  the  damage  under  forty  shillings,  then  the 
plaintiff  or  plamtifFs  in  such  action  shall  have  and  recover  only  so 
much  costs  as  the  damages  so  given  or  assessed  amount  unto,  with- 
out any  further  increase  of  the  same,  any  law,  statute,  custom,  or 
usage  to  the  contrary  in  any  wise  notwithstanding.^ 

♦See  next  Act. 

fFor  the  Acts  regulating  fees  of  different  officers,  see  title  "Fees." 

As  to  judgment  for  costs  in  proceedings  to  enforce  liens,  see  Art.  XIV.  "  Liens," 
Bee.  330. 

For  Act  regulating  costs  of  Solicitor  General  acting,  and  former  Solicitors,  see  "Fees," 
62. 


(1.)  In  all  respects  [as  to  amendments,  &c.]  the  same  as  acase  on  appeal.  1  Kelhjf  306. 
C2.)  See  5  Ga.  452. 


JUDICIARY.— Sup'r  and  Inf'r  C'ts— Action— 17 99-1S12.         505 


Liability  of  Attorney — Verdicts  under  $30. 


Judiciary  Act  of  1799.     Yol.  I.  292. 

161.  Sec.  XXYL     ^*      And  if  any  party,  plaintiff  or  defendant,  ^^^^'^^^ 
be  hereafter  non-suited  or  cast,  by  reason  of  the  neglect   or   miscon- cost^. 
duct  of  the  Attorney  who  shall  hereafter  bring   or  be    employed    in 
such  suit,  in  all  cases  the  said  Attorney  shall  pay  all  costs  that   may 
accrue  thereby,  and  the  Court  shall  immediately  enter  up  judgment  • 
accordingly  for  the  same."^ 

An  Act  to  amend  the  XXVIth  section  of  the  JuStcuuij  Law  of  this 
/S^w^e.— Approved  Dec.  12,  1809.     Vol.  11.  573. 

Whereas,  a  practice  has  been  adopted,  and  now  prevails  in  some 
parts  of  this  State,  of  bringing  suits  to  the  Superior  and  Inferior 
Courts  for  debts  which  constitutionally  are,  and  by  law  ought  to  be 
exclusively  cognizable  in  the  Justices'  Courts,  which  practice  is  in- 
jurious and  oppressive  on  many  of  the  good  citizens  of  this  State,  by 
subjecting  them  to  more  cost  than  was  contemplated  by  the  Consti- 
tution and  Judiciary  Laws  of  this  State  ;  for  remedy  whereof, 

162.  Be  it  enacted,  ^c.     That  where  any  suit  shall  be  brought  to  on  verdicts 
the  Superior  or  Inferior  Courts  in  this  State,  and  the  verdict  of  the  ||w^no  Sd 
Jury  shall  be  for  a  sum  under  $30,  the  defendant  shall  not  be  charged  ^f^^''/^^^^ 
with  more  cost  than  would  have  necessarily  accrued  :  Provided,  said 
recovery  had  been  before  a  Justice  of  the  Peace  ;  and  the  remainder 

of  the  Court  charges  may  be  retained  out  of  the  sum  so  recovered  ; 
and  if  the  verdict  of  the  Jury  be  not  of  sufficient  amount,  the  plain- 
tiff shall  be  bound  to  pay  the  same ;  Pj'ovided,  this  Act  shall  not  ex- Erc«pt;oaft 
tend  to,  and  govern  cases  where  the  demand  set  forth  in  the  decla- 
ration, shall  be  proven  to  exceed  the  sum  of  $30.  Provided,  noth- 
ing herein  contained  shall  extend  to  an^  case  sounding  in  damages. 


An  Actf  to  ainend  and  explain  the  XXIXth  section  of  the  Judiciary 
Law  of  this  State. — Approved  Dec.  7,  1812.     Vol.  III.  381. 

Whereas,  the  above-recited  section  of  the  Judiciary  Law  of  this 
State  is  not  sufficiently  explicit  to  effect  the  object  for  which  it  was 
intended, 

163.  Sec.  I.     Be  it  therefore  enacted,  6^*c.  That  where  any  attor- Attorneys h 
ney  shall  institute  a  suit  in  any  of  the  Courts  of  this  State  for  and  in  fncertlia"''^ 
behalf  of  any  person  or  persons  who  resides  or  reside  out  of  this  State,  '^''^^Jfe'^'j^' 
dr  out  of  the  County  in  which  the  defendant  or  defendants  may  re- 
side, and  in  which  such  suit  may  be  tried,  such  attorney  shall  be  li- 
able to  pay  all  costs,  in  case  such  suit  sha<ll  be  dismissed^  or  the  plain-  whether 
tiff  or  plaintiffs  be  cast  in  his,  her,  or  their  suit,  and  it  shall  be   law-  ^^J'  '^^ 
ful  for  the  Clerk  of  said  Court  to  issue  execution  against  said  attor- 
ney or  attorneys  for  the  amount  of  the  cost  of  said  si^t. 


♦Amended,  sec.  163.  tE.e-enacted  in  1839,  sec.  167. 

64 


^05         JUDICIARY.— Sup  R  and  Inf'r  C'ts— Action— 1822-' 3 L 

Liability  of  Attoriioys — Costs  on  lerylng  ii.  fa. — Costs  -when  paid. 

164.  Sec.  II.  Where  any  attorney  shall  institute  a  suit  in  any  of 
the  Counties  of  this  State  for  any  person  who  resides  out  of  the  Coun- 
ty in  which  such  suit  is  brought,  and  judgment  shall  be  obtained 
thereon,  and  the  Slieriff  shall  return  the  execution,  no  property  to  bo 
found,  that  then  the  plaintiff's  attorney  shall  be  bound  for  the  costs 
or  snin  their  of  said  suit  and  the  Clerk  may  issue  his  execution  against  the  plain- 
*'^^"  tiff  and  the  attorney  who  brought  said  suit  jointly,  for  the  amount  of 

Mu^f  pay  •  the  cost  of  sucli  suit ;  and  if  any  attorney  shall  retain  in   his  hands 

ovt-r  fliont's 

mmry  orbeany  moucy  received  by  him  for  any  client,  after  being  by  the  Court 
Se'ruii!'^""  ordered  to  pay  over  the  same  to  the  principal,  he  shall  be  struck  from 

the  list  of  attorne^^'s,  and  never  more  suffered  to  plead  in  any  of  the 

Courts  in  this  State. 


A?!  Acl  to  vrevcnt  Sheriffs,  Coroners^  Constables,  Toivn  and  City 
Marshals,  and  all  other  Officers  in  this  State,  from  retaining  costs 
on,  younger  judgments,  iu  the  prejudice  oj  tJie  rights  of  older  judg- 
nient  creditors. — Approved  Dec.  19,  1S22.     Vol.  lY.  211. 

Costs  not  to      165.     When  any  Sheriff,  Coroner,  Constable,  Town  or  City  Mar- 
onayounperslial,  or  Other  officcr  of  this  State,  has  several  executions  in  his  hands 
dii' rf  an^"' at  thc  Same  time  against  the  same  defendant,  it  shall  not  be    lawful 
exr7r)f 'ilyV- for  such  officcr  to  detain  the  costs  on  any  younger  judgments  to  the 
''^'rv'"^/'^'  prejudice  of  those  of  older  data,  except  in  a  case  of  a  younger  judg- 
coits.   "     ment  creditor  shall   previous  to    older   ones    point   out  property  to 
the  officer ;  then  it  may  and  shall  be  lawful  for  the  officer  to  retaia 
tlie  levy  and  advertising  costs,  and  no  more,  on  such  younger  judg- 
ment. 


All  Act  to  dffnc  the  mode  in  ivhicli  costs  iinder  the  Act  entitled  '•'•  An 
Act  to  revise  and  amend  an  Act  for  ascertaining  tJie  fees  of  the 
public  officers  of  this  State,  passed  18th  Dec.  1792,"  sh(tll  be  tax- 
ed and  collected  in  future. — Approved  Dec.  20,  1834.     Pam.  93. 

Whereas,  in  some  Circuits  of  this  State  a  variety  of  practice,  in  re- 
lation to  the  taxation  and  collection  of  costs,  has  obtained  under  the 
above  recited  Act ;  for  the  purpose  of  rendering  the  mode  uniform  and 
consistent  with  the  design  of  the  Legislature  in  said  enactment — 
co^tHnot  16(5^     Be  it  enacted.  That  from  and  after  the  passino:  of  this   Act 

pa^'ah'.e  till  '  i  O 

affor  judg-  suitOFS  shall  uot  bc  required  to  pay  the  Court  costs,  or  any  part  thereof, 
at  the  several  progressive  steps  or  stages  of  their  suits,  as  has  been 
required  by  the  decision  of  some  of  the  Courts;  but  that  the  mode 
heretofore  practised  in  other  Courts,  viz.  the  taxation  of  the  costs 
which  plaintiffs  were  supposed  to  have  paid  to  the  entering  up  of 
judgment,  in  the  judgment  of  the  plaintiffs — be,  and  the  same  is 
hereby  declared  to  be  the  true  intent  and  meaning  of  the  Act  of  1792 
upon  this  subject ;  and  that  the  officers  of  Courts  be,  and  they  are 
hereby  prohibited  from  demanding  or  receiving  the  cost  or  fees  which 
the  said  fees  bill  or  the  Acts  amendatory  thereof  prescribes,  until  after 
judgment,  and  then  to  be  raised  by  the  execution  of  plaintiffs   from 


ment. 


JUDICIARY.— Sup'r  and  Inf'r  C'ts— v4mo??— 1839-'42.         507 

liiability  oi"  non-resident  Attorney — Uniform  mode  of  taking  and  collecting  costs. 

defendants,  if  enough  can  be  collected  for  such  purpose  ;  if  not,  then 
by  a  fi.Ja.  or  ca  sa.  issued  under  the  order  of  the  Court  first  had  and 
obtained,  out  of  plaintiffs.* 

Sec.  II.     All  laAvs  or  parts  of  laws  n^ilitating  against  any  of  the 
provisions  or  du'cctions  of  this  Act  are  hereby  repealed. 


,,^ji  Act  to  continue  in  force  the  Act  jjossed  on  the  seventh  of  Decem- 
ber^ 1812,  entitled  "  a)i  Act  to  amend  and  explain  the  twenty-ninth 
section  of  tlie  Judiciary  Lav)  of  this  State,^^  and  to  require  non- 
resident Attornjys  to  pay  costs  in  certain  cases  commenced  by  them. 
Assented  to  December  23,  1839.     Pam.  144. 

Whereas^  it  is  held,  in  seme  of  the  Judicial  Circuits  of  this  State, 
that  the  said  Act,  so  far  as  the  same  relates  to  the  liability  of  attor- 
neys for  costs,  has  been  repealed  by  the  Act  passed  on  the  twentieth 
of  December,  1834,  entitled  "an  Act  to  define  the  mode  in  which 
cost  under  the  Act  entitled  '•  an  Act  to  revise  and  amend  an  Act  for 
ascertaining  the  fees  of  public  oflicers  of  this  State,"  passed  the  18th 
December,  1792,  shall  be  taxed  and  collected  in  future,"  v/hich  re- 
peal was  not  comtemplated  by  the  Legislature  ;  therefore — 

167.   Sec.  I.      Be  it  enacted,   That  the  said  first  recited   Act,    be,  Actofisi^ 
and  the  same  is  hereby  fully  re-enacted,  and  continued  in  full  force. 


168.   Sec.  II    It  shall  and  may  be  lawful  for  the  proper  officers  to  Non.r?^;- 

^,,  ^  ^^.  .,        <l«iif  •itr'i- 


deiit  atf'_v 


demand  and  receive  their  full  costs  from  any  attorney  who  resides  shaii 
out  of  this  State,  before  they  shall  be  bound  to  perform  any  service  y'^^^^  ^'^' 
in  any  cause  commenced  by  said  attorney,  v/here  the  plaintiff  shall 
reside  out  of  this  State,  or  any  County  thereof. 


An  Act  to  amend  an  Act  to  define  the  mode  in  lohicli  costs  under  the 
Act  entitled  an  Act  to  revise  and  amend  an  Act  for  ascertaining 
the  fees  of  the  public  officers  of  this  iSiate,  passed  the  18th  of  De- 
cember,  179^,  assented  to  20th  Deceinber,  1834,  slicill  be  taxed  and 
collected  in  future. — Assented  to  27th  December,  1842.     Pam.  59. 

Whereas,  In  some  of  the  Circuits  of  this  State,  a  variety  of  prac- 
tice in  relation  to  the  taxation  and  collection  of  costs,  has  obtained, 
under  tlie  above  recited  Acts  ;  for  the  purpose  of  rendering  the  mode 
and  practice  uniform  and  consistent  with  the  design  of  the  Legisla- 
ture in  said  enactments, 

169.     Sec.  I.-    Beit  enacted,  That  from  and  after  the  passage  of^^f"'*^^'^ 

J  O  JUKI    t)V 

this  Act,  suitors  shall  not  be  required  to  pay  the  Court  costs,  or  any  wnum  iuya- 

part  thereof  at  the  several  progressive  steps  or  stages  of  their  suits,  as  '^ 

has  been  required  by  the  decisions  of  some  of  the  Courts  ;  but    that 

the  mode  heretofore  practised  in  other  Courts,  viz.  :  the  taxation  of 

the  costs  which  plaintiffs  were  supposed  to  have  paid  to  the  entering 

up  of  judgment,  in  the  judgment  of  the  plaintiffs,  be,  and  the  same 

is  hereby  declared  to  be  the  true  intent  and  meaning  of  the  Act   of 

♦Order  of  Court  dispensed  witli  by  Act  of  1842,  sec.  IGft. 


508 


JUDICIARY.— Sup'r  and  Inf'r  C'TS—Acti 


on- 


-1842. 


Uniform  mode  of  taking  and  collecting  costs — Ex^ution,  Illegality,  &c. 

seventeen  hundred  and  ninety-two,  upon  this  subject,  and  that  the 
officers  of  Courts  be,  and  they  are  hereby  prohibited  from  demand- 
ing or  receiving  the  costs  or  fees,  which  the  said  fees  bill,  or  the 
Acts  amendatory  thereof  prescribes,  until  after  judgment,  and  then 
to  be  raised  by  execution  of  ^aintiffs  from  defendants,  if  enough'can 
and  how  col- be  collected  for  such  purpose  ;  if  not,  then  upon  the  return  of  the 
fi.  fa.  oiji.fas.  against  defendants  with  the  entry  of  n^dla  bona  en- 
dorsed thereon,  by  the  proper  officer,^. /a.  or  ca.  sa.  shall  immediate- 
ly issue  against  plaintiffs,  for  the  purpose  of  making  costs  out  o€ 
plaintiifs. 

Sec.  II.  All  laws  and  parts  of  laws  militating  against  any  of  the 
provisions  or  directions  of  this  Act  be,  and  the  same  are  hereby  re- 
pealed. 


lee  ted. 


8. 

EXECUTION,    ILLEGALITY,     SALE 

ANE 

Sec 

.  170. 

Illegality  of  executions. 

Sec 

188. 

171. 

Sales  ;  hours  of  sale. 

189. 

172. 

Notice  to  tenant  of  land. 

190. 

173. 

Land  out  of  County. 

191. 

174. 

Fi.  fa.  how  issued  and  levied. 

192. 

175. 

Ca.  sa.  returned;  Property  given 

193. 

176, 
177. 

up. 
Writs  of  possession. 
Hours  of  sale. 

194, 
195. 
196. 

178. 

Levy  on  Banlv  and  other  stock. 

197. 

179. 

Sale  by  shares. 

198. 

180. 
181. 

Levy  by  Constable. 
Certificate  to  purchaser. 

199: 
200. 

182. 

Transfer  made. 

201. 

183. 
184. 

Transfer  after  judgment. 
Possession  of  land   to  purchaser. 

202. 
203. 

185. 
186. 

Purchaser  of  mortgaged  property. 
Or  life  estate ;    Bond. 

204. 
2^ 

187. 

Or  a  re-sale. 

* 


Purchaser  not  complying,  re-sale. 
Memorandum  unnecessary. 
Growing  crops. 
Illegality;  return. 
Sh'ifs  fees  ;  service  out  of  Co. 
Discharge  under  ca.  sa. 
Escape ;  officer's  control. 
liBvy,  pending  illegality. 
Land  divided  by  County  line. 
•Other  than  defendant's  residence. 
Fi.  fas.  for  and  vs.  Sheriff. 
Levy,  and  sale  under. 
Sale  by  vendor — bond  given. 
Illegality — amendment. 
Continuance. 

Sale  by  adm'r ;  bond   given, 
llepealing  clause. 
Fi.fa.  vs.  Shff.  Levy  by  Bailiff! 


*See  "Equity  Jurisdiction,"  &c.  sec.  66  of  this  title,  as  to  decrees  for  specific  per- 
formance and  writ  of  possession  thereon. 

As  to  execution  for  or  against  partners,  see  Art.  XIX.  **  Partners,"  &c.  426. 

As  to  execution  against  principal  and  sureties  on  administrator's,  guardian's,  &c.  bond;, 
see  Art,  III.  "Action,"  "Parties,"  sec.  102. 

Assignment  of  execution ;  see  Art.  III.  subdivision,  "  Verdicts,  Judgments,"  &g* 
Bee.  143. 

For  Act  authorizing  judgment  creditor  to  take  out  grants  for  the  purj^ose  of  selling 
under  execution,  see  title  "  Land,"  sec.  193. 

Tax  executions,    see  title  "  Tax." 

Executions  against  corporatioais,  individual  stockholders  and  illegality  thQ,reto,  see 
Art.  X.   "Corporations,"  sees.  277,281. 

As  to  sales  of  lots  before  the  grant  issues,  see  title  "  Land,"  sees.  113,  128. 

Eor  Act  requiruig  the  reservation  of  "burying  grounds"  at  sales,  see  "Penal  Laws,'* 
sec.  361. 

For  Act  abolishing  imprisonment  for  debt  as  far  as  femes  sole  and  widows  are  concern- 
ed, see  ante.  "  Insolvent  Debtors,"  sec.  39. 

As  to   executions   on  proceedings  to  enforce  liens,  see  Art.  XIV.  "Liens." 

As  to  duty  of  Sheriff  to  return  executions  satisfied,  and  his  docket,  sec  Art.  XVIL 
"  Officers  of  Covirt,"  sees.  374,  375. 

Executions  against  indorsers  must  specify  the  contract ;  see  Art.  XXI.  "  Sureties  and 
Indorsers,"  sec.  447. 

For  Act  in  relation  to  advertisement  of  sales,  see  Art.  XVIL  "  Officers  of  Coiirt,'* 
eecs.  388,  389. 

As  to  purchases  by  Sheriff  and  Deputy,  see  Art.  XVII.  Officers,"  &c.  sec.  390. 


JUDICIARY.— Sup'r  and  Inf'r  G'TS—Actio?i—1799-180S.         509 

Illegality — Sale — Written  notice  to  tenant. 

Judiciary  Act  of  1799— Vol.  I.  292. 

Sec.  XXXI.     [Re-enacted  with   amendments,  by  Act   of  1811, 
sec.  174.] 

170.  Sec.  XXXII.  In  all  cases  where  execution  shall  issue  illegal- niogaiiry  ia 
ly,  and  the  person  against  whom  such  execution  maybe,  shall  make  oath  *''^*"^'^^*^"^' 
thereof,  and  shall  state  the  causes  of  such  illegality,  such  Sheriff  shall 
return  the  same  to  the  next  term  of  the  Court  out  of  which  the  same 
issued,  which  Court  shall  determine  thereon,  at  such  term.'^i     [The 
residue  of  this  section  relates  to  claims,    and   is   superseded  by  the 

Act  of  1821 :  see  sec.  249,  &c.] 

171.  Sec.  XXXIII.     No  sales  in  future  shall  be  made  by    Sher-saiesbycvxa- 
iffs  of  property  taken  under  execution,  but  on  the  first  Tuesday    iiino^'of 
each  month,  and  between  the  hours  of  ten  and  three  in  the  day,f  and  ^'^^^' 

it  shall  be  the  duty  oi  the  Sheriffs  to  give  thirty  days'  notice  in  one 
of  the  public  gazettes  of  the  State,  of  all  sales  of  lands  and  other  prop- 
erty executed  by  him,  and  also  advertise  the  same  in  three  of  the 
most  public  places  in  the  County  v/here  such  sales  are  to  be  made, 
and  shall  give  a  full  and  complete  description  of  the  property  to  be 
sold,  Biaking  known  the  name  of  the  defendant,  and  the  person  who 
may  be  in  possession  of  the  property,  except  horses,  hogs,  and  cattle,  saieofu/a 
>vhich  may  be  sold  at  any  time,  by  the  consent  of  the  defendant ;  and  ''^'^^' 
in  which  case  it  shall  be  his  duty  to  give  the  plaintiff  ten  days'  no- 
tice thereof,  and  also  to  advertise  the  same  in  three  or  more  of  the 
most  public  places  in  the  County  where  such  property  may  be,  at 
least  ten  days  before  the  sale. 


An  Act  pointing  out  the  duty  of  Sheriff's^  in  selling  lands  under  ere- 
cM/io7i.— Approved  Dec.  22,  1808.     Vol.  II.  454. 

172.  Sec.  I.     It  shall  hereafter  be  the  duty  of  the  Sheriffs  of  the  vvritton  no- 
several  Counties  in  this  State,  wlien  they  levy  any  execution  on  land,  owner  Jc^ 
to  leave  a  Vv^itten  notice  of  the  said  levy  with  the  owner,  if  in  the  Coun-  ^^"^"'■ 
ty,  or  tenant  in  possession^  if  any,  or  transmit  the  same  to   him,   her 

or  them,  in  five  days  after  such  levy.     [But  see   sec.  176,  as  to  writs 
of  possession,  explaining  this  Act.] 

173.  Sec.  II.     It  shall  not  hereafter  be  lawful  for   any    Sheriff  No  shorm- 
within  this  State,  to  levy  upon  or  sell  any  land  which  lies  out  of  the  SI  out  of 
County  of  which  he  is  Sheriff ;  any  thing  in  any  law  to  the  contra-  '""*  bounty. 
ry  notwithstanding. J 

Sec.  III.  [Directing  Sheriffs  to  advertise  in  their  respective  cir- 
cuits. Superseded  by  Act  of  1850  ;  see  Art.  XVII.  "•  Officers,"  &c. 
sec.  388.] 

*See  further  as^to  illegality,  Acts  of  1833,  1845,  1850.     As  to  stay  of  execution,    see 
**  Verdict,  Stay  of  Execution,"  &c. 

tTen  A.  M.  and  four  p.  m,  by  Act  of  1821,  sec.  177. 

iJBut  see  Act  of  1847,  sec.  196,  as  to  land  divided  by  County  lines. 

( 1 .)  A  second  affidavit  wiU  not  be  received  after  the  first  is  determined.     2  Kelly,  367, 
It  does  not  lie  for  grounds  existing  prior  to  the  judgment.     7    Ga.  205.  Nor  can  the 
paHdity  of  the  judgment  be  attacked,    3  <7a,  liii 


510  JUDICIARY —Sup'r  and  Inf'r  C'ts— Ac/ Ion— 1811. 

Execution,  liow  issued  and  levied — Ca.  sa. 

I        ■*■  ..... 

All  Act  to  amend  the  tJiirty-first  section  of  the  Judiciary  ActofU^Si, 
Approved  Dec.  14,  1811.    *Voi.  III.  378. 

KTPcntions  ij ^  ^v.c.  I.  All  cxecutioDs  sliall  bc  issuccl  aiid  si2:ned  by  the 
aad  levied.  Cleiks  ot  the  several  Courts  m  which  judgments  shall  be  ob- 
tained, and  bear  teste  in  the  name  of  one  of  the  Judges  or  presiding 
Justices  of  such  Courts,  and  shall  bear  date  from  the  time  of  issuing, 
shall  be  directed  to  all  and  singular  the  Sheriffs  of  this  State,  and 
may  be  levied  on  the  estate  both  real  and  personal,i  of  the  defendant 
or  defendants,  or  issue  against  the  body  of  the  defendant  at  the  op- 
tion of  the  plaintiif,  which  execution  shall  be  of  full  force  until 
satisfied,  witiicut  being  obliged  to  berenevvxd  on  the  Court  roil  from 
rr^pM-fy  in  y^j^^,  ^q  ^^^y.  g^g  heretofoic  i^ractised.     KwA  Avhen  the  defendant  shall 

Vix;  U(:l(..na-     J  J  i 

;H,t'^i>o«seH-  point  out  auv  propertv  on  v/liich  to  levy  tlie  execution,  being"  in  the 

Si  oil  first  to    I  -^    '•       ^         •'^  ^  \        •      -x 

bo  ukeu.  hanas  and  possession  ot  any  person  not  a  party  to  sucii  judgment, 
the  Sheriff  shall  not  levy  thereon,  but  shall  proceed  to  levy  on  such, 
jiropcrty  as  may  be  found  in  the  hands  and  possession  of  the  defend- 
ant, v\^ho  shall  nevertheless  be  at  liberty  to  point  out  what  part  of  his 
property  he  may  think  proper,  which  tiie  Slieriff  shall  be  bound  to 
take  and  sell  first,  if  the  same  is  in  the  opinion  of  the  Sheriff  suffi- 
cient to  satisfy  such  judgment. 

whoroacfl.       Yi'o.   Sec.  II.     Where  auy  cxecutioii   shall  have  issued    or  may 

sn.  \-A  not  sat-  J 

i{if;d,a./!./fl.  hereafter  issue    against  the  body*    of  any  defendant,  and  the  same 
shall  not  have  been  satisfied,  it  shall  be  lawful    for  an  execution  to 
issue  against  the  property  ol  such  defendant    or  defendants    on  the 
return  of  said  execution,  wiiich  had  been  issued  against  the  body  of 
j?''?7^'r^^'  ^^^  said  defendant   or    defendants.     And  that   when    an   execution 
I'voiT-d  u])  to  against  the  body  of  any  defendant  shall  ha,ve  been  served,  the  jiarty 
^K^tio  "ca.  ^^^  ^vhom  the  same  shall  have  been  served,  shall  be  released,    Provi- 
(led,  he,  she,  or  they,  shall  deliver  to    the  oihcer  serving  the   same, 
the  property  Vvdiich  sliall,  in  the  opinion    of  such  officer,    be   suiii- 
cient  to  discharge  the  debt  and  all  costs,  and  give  sufficient  security 
to  the  said  officer  that  the  propert)^  so  delivered  is  bona  fide  the  prop- 
erty of  the  defendant  or  defendants,  and  subject  to  the  discharge  of 
the  said  debt.     In  v/hich  case  the  officer  shall  return    the  execution 
wimttohc  go  issued  aaainst  the  body  of  the  defendant  or  defendcints,  and  take 

riono  with  ^".  •;  r  i         i     r         i  t^i 

>.'.;ch  proper- out  an  execution  against  til e  property  of  such  defendant  or  de::end- 
ants,  and  proceed  to  advertise  and  sell  the  property  so  delivered  up 
to  satisfy  such  execution  as  heretofore  practised. 

An  Act  to  alter  and,    cxplai/i   tlic  first   section  of  the    Act  of  Dec.  22, 
.  1808,  (see  sec.  172,  &c.)— Approved  Dec.  IG,  1811.     Vol.  III.  140. 

176.   Sec.  Il.f     The  first  section  of  the  before  recited  Act  shall 

*As  to  prison  bounds,  and  discharge  under  honest  debtor's  Act,  sec  title  "  Insolvent 
Debtors." 

ti""or  sec.  I   see  "County  Ofiicer>!,"  sec.  14. 

(1.)  An  undivided  interest  in  pcrionalty  may  bc  sold.     2  Kelly,  IZ. 
Cannot  bc  issued  until  four  days  after  the  adjournment  of  the  Court.     5  Ga.  6-i. 
How  far  a  levy  is  satisiaction,  considered.     6  Ga.    3t)3,  410.     The   interest  of  a  do^v- 
ercss  in  land  and  as  a  co-distributee,  may  be  levied  on  and  sold.     6  Ga.  453. 


JUDICIARY.— Sup'r  and  Inf'r  C'ts— Action— IS21~'22.         511 

^'v'rits  of  possession — ^Hoiirs  of  sale — Sale  of  bank  and  other  stock  by  Sheriff. 

not   be    so  construed   as    to  authorize    any  Judge  of  tlie    Superior  writs  of 
Courts  to  order  writs  of  possessi??n  to  issue  against  a  third  person  re- S'hylf^J^'t".^ 
siding  witliin  tlie  limits  of  any  such  surv^ey  or  tract  of  land  so  ol!cn'ed  'tfj^^^l.^^  -. 
fol'  sale:  Provided  also,  tliat  such  person  shall  not  be  known  in  the t'le^"*',"-*^ 
suit  on  which  such  execution  is  founded,  nor  have  been  put  in  posses-  !'trii!i:r  k  to 
sioii  by,  or  claimed  under  or  by  virtue  of  any  conveyance  from  the  InV/uuc.' 
defendant  in  such  suit.* 


An  Act  to  alter  and  amend  the  tJdrtij-third  section  of  an  Act,  entitled. 
"  An  Art  to  revise  and  amend  the  Judiciary  system  of  this  )State,^\ 
passed  16th  Feljruary,  1799,  so  Jar  as  relates  to  tlie  hours  of  She r- 
ijfs' and  Constables'  J^ales. — Approved  Dec.  21,  1821.  Yol.  lY. 
208. 

Whereas,  the  hours  of  Sheriffs'  and  Constables'  sales  are  thought 
to  be  too  short,  and  attended  with  great  inconvenience  to  tiie  Sher- 
iffs and  Constables,  and  frequently  to  the  injury  of  parties  concerned  ; 
for  remedy  whereof, 

177.  Be  it  enacted.  That  from  and  after  the  passing  of  this  Act,  Tisoiionr-.-nf 
the  hours  of  Sheriff'^s'  and  Constables'  sales  will  be  from  ten  o'clock  cIlliSMer'^ 
in  the  forenoon,  until  four   o'clock    in  the  afternoon  :    all  kuvs  and'^;'''-^^*'''"' 11 

^  ■     ■  o'  lock  aiiul 

parts  of  laws  militating  against  this  Act,  be,    and  tlie  same  are  here-  i  ^^'eioc  . 
by  repealed. 


An  Act  to  make   Bank  and  other  Stock  subject   to  Execution. — Ap- 
proved Dec.  21,  1822.     Yol.  lY.  71. 

178.     From  and  after  the  passing  of  this  Act,  the  s'.iares  or  stock  n^^.^.^f^^ 
owned  by  any  person  in  any  of  the  banks  or    other    corporations   iii  !]"i'37,',V5',!  ^ 
this  State,  shall  be  subject  to  be  sold  by  the   Shtnli  or  his  Deputy,  evccmiun. 
under  execution. 

170.  Sec.  II.  When  any  Sheriff  or  his  Deputy  shall  have  pla- simii  he ^cnd 
ced  in  his  hands  any  execution  against  any  person  who  owns  any  a" hue."'' "^ 
stock  or  shares  in  any  of  the  banks  or  corporations  of  this  State,  it 
shall  be  lawful,  and  he  is  hereby  required,  on  application,  of  tlic 
plaintiff,  his  agent  or  attorney,  to  endorse  on  said  execution  a  levy  of 
the  number  of  shares  belonging  to  the  defendant,  and  after  adverti- 
sing the  same  agreeably  to  the  law  regidating  Sheriffs'  sales,  shall 
thereafter  proceed  to  sell  tlie  said  shares  or  stock :  Prodded  always, 
that  he  sliall  set  up  one  share  at  a  time,  and  shall  sell  no  more  than 
is  sufficient  to  satisfy  the  amount  of  executions  then  in  his  hands. 

180.   Sec  III.     When  any  Constable  shall    iiave  any  execution  -onstairi(-9 
placed  in  his  hands  against  any  person    wlio    is    ti>e    owner    of  any  j'g^^',^''^^^^^^^^^^^^^ 
shares  or  stock  in  any  bank  or  other  corporation  in  this  State,  it  shall  ^^ '^i^^^'^^'- 
be  lawful,  and  he  is  hereby  required,  on  the  application  of  the  plain- 
tiff, his  agent  or  attorney,  to  endor!^o  a  levy    on   said  execution    or 

*See  further  as  to  writ»  of  possession,  sec.  181.     On  decrees  for  specific  x^crformance, 
gee  ante.  Art.  II.   "  Eiiuity  Jurisdiction,"  c^'cc.   sec.  66, 


512         JUDICIARY.— Sup'r  and  Inf'r  C'ts— Action— 1S22-' 23. 

Sale  of  bank  and  other  stock  by  Sheriff — Possession  to  purchaser. 

executions  in  like  manner  ;  and  it  shall  be  his  duty  to  make  return 
of  the  same  to  the  Sheriif  of  the  County  in  which  he  lives,  which 
said  Sheriff  shall  proceed  to  sell  as  pointed  out  by  the  second  section 
of  this  bill, 
certifjeate  to  181.  Sec.  TV.  When  the  Sheriff  or  his  Deputy  shall  sell  any 
bf  given,     gi^cj^j.Qs  JQ  any  bank  or  other  corporation  in  this  State,  he  shall  give  a 

certificate  of  such  sale  to  the  purchaser. 
an4  transfer      182.  Sec.  Y.     The   officcr  of   the   bank  or   other    corporation, 
whose  duty  it  may  be  to  make  transfers  of  stock  on  the  books  of  the 
bank  or  other  corporation,  shall,  and  he  is  hereby  required  to   make 
a  transfer  of  the  stock  purchased  under  this  Act,  to  the  purchaser  of 
the  same,  upon  his,  her.  or  their  producing  certificate    or  certificates 
to  the  said  officer.^ 
No  transfer       183.   Sec.  YI.     Any  transfer  made  by  the  defendant  of  his  bank 
difend'a^itaf^  or  Other  stock,  after  judgment  obtained  against  him  or  her,  shall  be 
Siil°^"'^  void  :  Provided,  that  notice  of  the    obtainment  of  such  judgment 
guud,  ]^Q  served  on  the  cashier  of  such  principal  bank,  or  any  of  its  branch- 

es, or  the  proper  officer  of  such   other   corporation,   within  twenty 
days  after  said  judgment  is  obtained. 


All  Act  to  compel  Shoriff's  and  Coroners  to  deliver  possession  of  Real 
Estate  sold  by  thern  under  executions  to  the  purchaser,  his  or  her 
agent  or  attorney. — Approved  Dec.  23,  1823.     Yol.  lY.  405. 

TheSii*riflr  184.  Whcu  any  Sheriff  or  Coroner  shall  sell  any  real  estate  by 
reqlii^rpTuf'^  virtue  of  and  under  the  authority  Of  any  execution,  it  shall  be  the 
^rdm^rin  ^^^7  ^^  such  Sheriff  or  Coroner  (as  the  case  may  be,)  upon  applica- 
pos  e^ion    tion,  to  put  the  purchaser,  his  or  her  asrent  or  attorney,  in  possession 

ofreal  estate      ^,  ^    -,  ^        ^  -.         -fJ         .771  i-*  in  i         •  ^ 

&oid,^c.  01  the  real  estate  sold:  Jrrovided,  that  this  Act  shall  not  authorize  the 
Proviso.  officer  making  the  sale  to  turn  out  any  other  person  than  the  defend- 
ant in  execution,  his  heirs,  or  their  tenants,  if  such  other  person 
were  in  possession  at  the  term  of  the  rendition  of  the  judgment ; 
or  if  «uch  person  has  acquired  such  possession  under  the  judgment 
of  a  Court  of  competent  jurisdiction,  or  claim  under  the  person  or 
persons  acquiring  such  right  by  the  judgment  of  such  Court. ^^ 

*-See  ante.  Act  of  1811,  sec.  176.     See  also  "Tax,"  27. 

(1.)  Where  stock  was  sold  with  notice  of  alien,  tlie  transfer  cannot  be  obtained  until 
that  lien  is  discharged.     1  Kelhj^  43. 

(2.)  The  widow  of  defendant,  claiming  dower,  cannot  be  dispossessed  of  the  mansion 
house.  3  Kelly,  207.  If  the  tenant  is  >ot  dispossessed  before  the  officer  selling  goes  out 
of  office,  it  must  be  done  by  order  of  Court,  with  notice  to  the  tenant.     4  Ga.   193. 

If  the  purchaser  agrees  for  tenant  to  retain  possession,  he  cannot  afterwards  require 
the  Sheriif  to  dispossess.     4   Ga.  193. 

If  the  Sheriff  is  about  to  dispossess  one  not  a  tenant  of  defendant,  an  injunction  will 
not  be  granted  except  under  special  circumstances.     6  Ga.  576. 

A  lessee  older  than  the  judgment  cannot  be  dispossessed,     6  Ga.  423, 


i 


JUDICIARY.— Sup'r  and  Inf'r  C'ts— ^c^/on— 1830-'31.         513 

Purchaser  of  mortgaged  property  and  life  estates — Liability  of  purchaser. 

i  — — ■  ' 'low  — _« 

An  Act  to  conij}el  purchasers  of  mortgaged  ])ro']ierty,  inircliasers  oj  life, 
estates^  or  estates  for  term  of  years,  in  personal  irroj)ert.y,  at  Sheriff'' Sy 
Coroner's  or  CoustabWs  sales ^  to  give  bond, — Approved  Dec.  23, 
1830.     Pam.   119. 

185.  From  and  after  the  passage  of  this  Act,  it  shall  be  the  du-  Purchaser 
ty  of  purchasers   of  personal  property,    under   the    incumbrance  of  saieso^ 
mortgage,  or  mortgages,  at  any  Sheriff's,  Coroner's,  [or]  Constable's  JJeST** 
sale,  to  give  bond  and  security,   to  the  said  Sheriff,  Coroner,  or  Con-  Jl^^af^d^'e 
stable,  in  double  the  value  of  the  property  so  sold,  (of  which  the  o{'\>imAonosxh 
iicer  selling  shall  be  the  judge,)  conditioned  not  to  move   said  prop-      "  " " 
erty  out  of  •  said  State,  and  deliver  up  the    same    to  the    mortgagee, 

his  heirs  or  assigns,  on  demand  made  after  foreclosure  of  said  mort- 
gage or  mortgages:  Provided,  the  mortgagee,  his  agent,  or  attorney, 
shall  tender  an  affidavit,  previous  to  the  sale  thereof,  to  the  officer 
selling  said  property,  stating  tlmt  he,  she,  or  they  are  just  and  bona 
fide  mortgagees  thereof,  and  that  he,  she  or  they,  apprehend  the  loss 
o-f  said  property,  unless  bond  be  given  in  terms  of  this  Act. 

186.  Sec.  II.     When  any  person  shall  purchase  at  any  Sheriff's,  ai^o  pfir- 


t(j  b«  re-soid. 


Coroner's  or  Constable's  sale,  a  life  estate,  or  an  estate    for   term  of  [jfe ^[f^tes  in 
years  in  personal  property,    it   shall  be  the  duty  of     said   Sheriff,  J^'^X*^^' 
Coroner  or  Constable,  to  require  of  said  purchaser,  bond  and  securi-  "i^<ie. 
ty  as  aforesaid,  for  the  delivery  of  said  property  to  the  party  entitled 
in  remainder  :  Provided,  the  same  is  required  by  said  party,  his  agent 
or  attorney,  who  slmll  make  affidavit  of  their  right  to  said  property, 
which  shall  be  tendered  to  the  officer  selling,  previous  to  sale,  which 
bonds  when  taken,  shall  be  filed  in  the  Clerk's  office  of  the  Superi-  Bond.-, 
or  Court  of  the  County  where  said  sale  is  made,  subject  to  be   sued  ^^'^^^  ^^®*' 
on,  for  the  benefit  and  use  of  the  said  party,  whenever  the  particular 
estate  is  determined,  which  said  Court  shall  have  power  on  sufficient 
cause  shown,  to   compel  said  obligor,    to  give  additional    security,  A^-iitionai] 
from  time  to  time,  as  justice  may  require,  on  ten  days'  previous  notice  ^''^'^"^^'• 
being  given.* 

187.   Sec.  III.     On  failure  of  said  purchaser   to  give   bond  and  pr  uroperty 
security  as  aforesaid,  it  shall  be  the  duty  of  the  said  Sheriff,  Coroner 
or  Constable,  to  re-sell  the  said  property,  at  the  risk  and  loss  of  such 
purchaser. 

Sec  17.     All  laws   or  parts  of  laws,  militating  against  this  Act 
are  hereby  repealed. 


An  Act  defining  the  liahility  of  purchasers  of  Real  and  Personal 
Estate,  at  executor s\  administrators,^  guardians''  and  ^herijfs^ 
sales,  lohen  they  refuse  or  fail  to  comply  with  the  terms  of  such 
sales. — Approved  Dec.  27,  1831.     Pam.  130. 

188.     From  and  after  the  passage  of  this  Act,  any  individual  who 

^Remaindermen  and  reversioners  may  obtain  -writs  of  ne  exeat ;  see  Art.  Y.  "  Certio- 
rdr*,  Ne  Exeat,"   &c.  sec.  2o2. 
65 


514         JUDICIARY.— Sup^R  and  Int'r  C'ts— Action— 1S31-'3S. 

Liability  of  pur(iJiaser — Writing  -unnecessary — Grooving  crops — Illegality  in  Execution. 

Purchasers  may  become  the  purchaser  of  any  real  or  personal  estate  at  any  sale 
tiiesfimt  which  shall  hereafter  be  made  at  public  outcry  by  any  executor,  ad- 
^llhe"^  ministrator,  guardian  or  Sheriff,  and  shall  fail  or  refuse  to  comply  with 
terms,  liable  |]^g  tcrms  of  such  salc  Avhcu  required  so  to  do,  shall  be  liable  for  the 

foreitiiertlie  ^  t-iiiti  •  r-i 

full  amount  aiTiount  01  such  pm'cnase  money,  and  it  shall  be  at  the  option  oi  such 
Ml  a  reSe,  exccutor,  administrator,  guardian  or  Sheriff,  either  to  proceed  against 
such  purchaser,  for  the  full  amount  of  the  purchase  money,  or  to  re- 
sell such  real  or  personal  estate,  and  then  to  proceed  against  the  first 
purchaser,  for  the  deficiency  arising  from  such  re-sale,^  and  in  case 
of  Sheriffs'  sales,  such  suit  may  be  brought  in  the  name  of  the 
Sheriff  for  the  use  of  the  defendant  or  plaintiff  in  execution,  or  any 
other  person  in  interest,  as  the  case  may  be. 
Note  or  189.  Sec.  II.     No  noto  or  memorandum  iu  Writing,  shall   be  ne- 

dlfm  um?c-  cessary  to  charge  such  purchaser  at  such  sale,  and  who  shall  become 
ceBsary.      guch  by   rcasou  of  such  real  or  personal  estate  being  knocked  ofi"  to 
him,  as  the  highest  bidder. 

Sec.  III.     All  laws  or  parts   of  laws   militating  against  this  Act, 
are  hereby  repealed. 


An  Act  to  prevent  Sheriff's  and  other  Officers^  from  levying  on  and 
selling  groioing  crops,  except  in  certain  cases. — Approved  Dec.  29, 
1836.     Pam.  251. 

Growing  190.  Sec.  I.     From  and  immediately  after  the'  passage   of  this 

SToi/s^'eVa"  Act,  no  Sheriff  or  other  officer,  shall  hereafter  levy  on  any  grow- 
shenff;^  ^^  i^§  ^^^P  ^^  corn,  wheat,  oats,  rye,  potatoes,  cotton,  rice,  or  any 
other  crop  usually  raised  or  cultivated  by  the  planters  or  farmers  of 
this  State,  nor  sell  the  same  until  the  said  crop  or  crops  shall  be- 
Pfoviso.  come  matured  or  fit  to  be  gathered  :^  Provided,  this  Act  shall  not 
prevent  any  of  said  officers  from  levying  on  and  selling  crops,  as 
heretofore  practised,  when  the  debtor  or  debtors  shall  abscond  or  re- 
move from  the  State  or  County,  nor  from  selling  growing  crops  with 
land. 

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


An  Act  to  amend  the  thirty-second  section  of  the  Judiciary  system  of 
this  State,  passed  the  16th  day  of  February   1799,  so  far  as   re- 
lates  to   illegality  in   executions. — Assented  to  Dec.  28,   1838. 
Pam.  145. 

Illegality,         191.  Sec  I.     Be  it  enacted,  That  from  and   immediately   after 
ed!^*^®^*""  the  passage  of  this  Act,  when  any  person  against  whom   an  execu- 
tion shall  issue  illegally,    shall   make    oath  thereof,  and  shall  state 
the  cause  of  such  illegality,  the  Sheriff .  shall  return  the  same  to  the 

(1.)  This  Act  ousts  Equity  of  jurisdictioii — the  remedy  being  ample.    5  Ga.  400. 
(2.)  A  growing  crop,  after  it  is  laid  by,  and  before  maturity,  passes  to  the  purchaser 
of  the  land.    6  Ga.  453. 


JUDICIARY.— Sup'r  and  Inf'r  C'ts— /lc/^o?^— 1840-'43.         5li 

f 

Forthcoming  bond — Levy — Discharge  of  debtor  from  ca.  sa. — Relief  of  Officers. 

next  term  of  the  Court  from  which  such  execution  issued  :  Provided, 
that  the  person  alleging  such  illegality,  shall  also  deliver  to  the  Sheriff,  Forthcoming 
or  other  lawful  officer,  a  bond  with  good  and  sufficient  security  con- 
ditioned for  the  delivery  of  the  property  levied  on,  at  the  time  and 
place  of  sale,  in  the  event  of  the  causes  or  grounds  of  the  alleged  il- 
legality being  overruled  by  the  Court,  and  not  otherwise  ;  and  in  all 
cases  it  shall  be  the  duty  of  the  Sheriff  or  other  officers,  to  levy  on  Levy  mnst 
property,  where  any  can  be  found,  before  receiving  such  affidavit.* 

Sec.  II.  All  laws  or  parts  of  laws,  repugnant  to  this  ^Act,  be 
and  the  same  are  hereby  repealed. 

An  Act  to  alter  and  amend,  the  ninth  section  of  the  Judiciary  Act  of 
1799,  and  the  first  section  of  an  Act  relative  to  executions,  passed  De- 
cember 14, 1811.— Assented  to  Dec.  22,  1840.     Pam.  114. 

Sec.  I.  [Process  against  Sheriff;  see  " CJommencement,  &c. 
Action,"  sec.  75.] 

Secs.  II.  and  III.  [Re-enacted  with  amendments,  in  1847  ;  see 
sees.  198, 199.] 

192.  Sec.  IY.  When  said  process  or  execution  shall  be  served  or  sheriff's  fees 
levied  by  a  Sheriff,  out  of  his  own  County,  that  the  Sheriff  so  serving 

and  returning  the  same,  shall  receive  in  addition  to  the  fees  established 
by  law  for  such  service  or  levy,  the  sum  of  two  dollars.f 

Sec.  Y.  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  authoyize  the  iilaintiff  in  all  cases  of  ar^ 
rest  under  a  capias  adsatisjaciendum,  to  discharge  the  defeiidantfrom 
i?nprisonmentj  and  for  his  property  still  to  be  bound  for  the  debt. — - 
Assented  to  Dec.  9,  1843.     Pam.  120, 

193.  Sec.  I.     Be  it  enacted,  That  from  and  after  the  passage  of  Discharge  of 
this  Act,  in  any  ceise  where  a  debtor  has  been  arrested  under  an  exe-  creditor  does 
cution  against  the  body,  and  is  afterwards  discharged  from  such  im-"hJdebt!^^ 
prisonment,   either  by  the   authority  of  the  plaintiff  or  otherwise, 
without  the  debt  being  paid,  that  such  arrest  and  discharge  shall  not 
operate  as  a  satisfaction  of  the  debt,  but  the  debtor's  property    shall 

still  be  liable  to  the  judgment  as  though  no  arrest  had  been  made — 
any  usage,  custom  or  law  to  the  contrary  notwithstanding  :  Provided 
always,  that  the  officer  making  such  arrest,  shall  endorse  on  such  ex-.^^-^^g^^j^ 
ecution,  that  the  defendant  is  discharged  from  arrest  without  havir.g^y  office*-, 
paid  the  amount  due. 

An  Act  for  the  relief  of  Sheriffs.  Coroners,  Constables,  and  (otTi-er- 
officers  of  the  State  oj  Georgia. — Assented  to  Dec.  9,  1843.  Pam^ 
31. 

194.  Sec.  I.     Beit  enacted^  That  whenever  any  officer  shall  ar- 

*See  Act  of  184.5  ;   sec  195. 

tFor  fees  generally,  see  title  "  Fees.'* 


516         JUDICIARY.— Sup'r  and  Inf'r  C'ts— Action— lSi5-' AT. 

Relief  of  Officers — Illegality — Lands  divided  by  County  lines. 

Officer  made  rest  a  defendant  on  a  capias  ad  satisfaciendum,  and  said  defendant  shall 
e/cajj/'^  "^^^  make  his  escape,  and  said  officer  shall  be  compelled  to  pay  the  amount 
due  on  said  capias,  by  reason  of  said  escape,  the    Sheriff,    Coroner, 
shall  have    Coustable  or  other  officer,  as  the  case  may  be,  shall  have  the  control 
fj/al"  "     of  the  fieri  facias  issued,  or  to  be  issued  on  the  judgment  upon  which 
said  capias  ad  satisfaciendum  is  founded,  for  the    purpose    of  reim- 
bursing  himself  out  of  the  property    of  defendant ;  and  the   said 
Sheriff,  Coroner,  Constable  or  other  officer,  as  the  case  may  be,  shall 
control  said  fieri  facias  in  as  full  and  ample  a  manner,  for  the  purpose 
of  said  reimbursement,  as  the  plaintiff  in  said  fieri  facias  might  or  could 
do,  or  could  have  done,  had  said  capias  ad  satisfaciendum  not  have  is- 
sued, or  had  the  money  due  on  said  judgment  not  have  been  paid  by 
Order  of  c't.  said  Sheriff,  Coroner,  Constable  or  other  officer;  Provided^  that  the 
Court  by  whose  order  or  judgment  such  officer  shall  be  required  to 
pay  the  amount  due,  shall  pass  an  order  giving  such  control. 

Sec.  II.     That  all  laws  and  parts  of  laws  militating  against  this 
Act,  be  and  the  same  are  hereby  repealed. 


An  Act  in  relation  to   affidavits   of  Illegality. — Approved  Dec.  27, 

1845.     Pam.  39. 

Pending  ii-       195.   Sec.  I.     Be  it  eiiacted,  That  when  any  affidavit  of  illegali- 
er/.  /a.  may  ty  shall  bc    filed  in   terms  of  the    law,  for    the  purpose   of  staying 
be  levied.     pj;oceedings  when  an  execution  is  levied  on  property,   the    property 
so  levied  on  shall  be  subject  to  levy  and  sale  under  other  executions; 
and  the  officer  making  the  first  levy,  shall  claim,  receive,    hold  and 
retain  such  an  amount  of  the    proceeds  of  sale   as  the   Court    shall 
deem  sufficient  to  pay  the  execution  first  levied,  including    interest 
up  to  the  time  of  the  Court  at  v/hich  said  illegality   shall  be  deter- 
Condition.    mined,  and  any  bond  given  by  the  defendant  on    filing  such   affida- 
vit, shall  be  released  and  discharged,  so  far  as  relates  to  the  property 
sold. 


All  Act  to  enable  Sheriffs  or  Coroyiers  to  sell  tracts  of  land  divided  by 
a  Coimty  line. — Approved  Dec.  25,  1847.     Pam.  282. 

gaicof  land  196.  Sec.  I.  Be  it  enacted^  That  from  and  after  the  passage  of 
St^^iinls.  this  Act,  where  judgment  shall  be  obtained  against  any  debtor  own- 
ing g*.  tract  or  tracts  of  land  divided  by  a  County  line  or  County  lines, 
it  shall  and  may  be  lawful  for  the  Sheriff  or  Coroner  of  the  County 
to  levy  on  and  sell  the  whole  of  said  tract  or  tracts  of  land,  notwith- 
standing part  of  said  tract  or  tracts  of  land  may  lie  in  Counties  of 
which  he  is  not  Sheriff  or  Coroner.* 
In  other  197.  3b€,  H.     Whcrc  aiiy  judgment  dobtor  shall  own  any  tract 

to^"debt-    or  tracts  of  land  divided  by  a  County  line  or  County  lines,  and  no 
%IIT^~      P^^^  ^^  SMch  lands  shall  lie  in  the  County  [of  his  residence,]  it  shall  and 

*  Similar  proYision  as  to  Administrators,  &c.    See  "Executors,  Administrators,  &c." 
Sec.  1^^' 


JUDICIARY.— Sup'r  and  Inf'r  C'ts—Achoji— 18-17.  517 

Executions,  &c.  by  and  against  Sheriff — Bond  for  titles. 

may  be  lawful  for  the  Sheriff  or  Coroner  of  either  County  in  which 
part  of  said  tract  or  tracts  of  land  may  lie,  to  levy  on  and  sell  the 
whole  of  said  tract  or  tracts  of  land. 

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


An  Act  to  alter  and  amend  an  Act  jiassed  22J  of  Dec.  1840,  entitled 
''  An  Act  to  niter  and  amend,  the  9lh  section  of  the  Judiciary  Act  of 
1799,  a7id  the  first  section  of  an  Act  relative  to  Executions^  passed 
Dec.  14,  1811 ;"  and  to  jjrovide  for  the  enforcement  of  judgment 
a  gairist  land  sold  a?id  bond  for  titles  given. — Approved  Dec.  29,  1847. 
Pam.  201. 

198.  Sec.  I.     Beit  enacted^  That  the  second  section  of  this  Act,  Executions 
of  which  this  is  amendatory,  be  amended  so  as  to  read  as  follows :  ^ntrvdroror 
''  Sec.   2.   And  be  it  further  enacted  by  the  authority  aforesaid^  That  ^heriffl 
all  executions,  orders,  decrees,  attachments  for  < contempt,  and  all   fi- 
nal process  hereafter  issued  by  the  Clerks  of  the  Superior  and  Inferi- 
or Courts,  in  favor  of  or  against  any  Sheriff  of  this  State,  shall  be  di- 
rected to  the  Coroner  of  the  County  in  which  said   Sheriff  may  re- 
side, and  to  all  and  singular  the  Sheriffs  of  the  State,  except  the  Sher- 
iff of  the  County  in  which  the  interested  Sheriff  may  reside,  wiiich 

may  be  levied,  served  and  returned  by  the  said  Coroner  or  other 
Sheriff,  at  the  option  of  the  plaintiff  or  party  seeking  to  have  the  ac- 
tion of  said  officer  or  officers. ''"* 

199.  Sec.  II.     The  third  section  of  the  Act  of  which  this  isLevj-and 
amendatory,  shall  be  so  amended  as  hereafter  to  read  and  be  as  fol-  such.""  ^^ 
lows:   ''Sec  III.    A7id  be  it  further  enacted,  That  when  a  Sheriff 

shall  levy  on  property  by  virtue  of  any  execution  directed  and  re- 
quired by  the  second  section  of  this  Act,  (as  hereinbefore  amended,) 
said  property  shall  be  sold  in  the  County  in  which  the  levy  may  be 
made,  and  that  whenever  any  decree,  order,  ca.  sa.  attachment  for 
contempt  or  final  process,  dii-ected  as  required  by  the  second  section  of 
this  Act,  (asnov/  amended.)  shall  be  placed  in  the  hands  of  any  Sher- 
iff, and  under  and  by  virtue  of  said  process,  it  shall  become  the  duty, 
under  the  laws  of  this  State,  of  said  Sheriff  to  imprison  any  defend-  /»rrest  and 
ant  or  other  delinquent,  it  shall  be  lawful  for  said  Sheriff  to  arrest  wTiemSe. 
the  delinquent  wherever  found,  and  it  shall  be  his  duty  to  imprison 
him  or  her,  either  in  the  County  where  the  arrest  was  made,  or  in 
the  County  where  the  arresting  Sheriff  may  reside,  at  the  option  of 
the  plaintiff  or  other  person  so  requiring  the  services  of  said  Sheriff. 

200.  Sec  III.     When  any  judgment  has  been  or  shall  be  render- saie  where 
ed,  in  any  of  the  Courts  of  this  State,  upon  any  note  or  other  evi-  des 
dence  of  debt,  given  for  the  purchase  of  land,  where  titles  have  not 
been  made,  but  bond  for  titles  given,  it  shall  and  may  be  lawful  for 
the  obligor  in  said  bond  to  make  and  file,  and  have  recorded  in  the 


bond  for  tt- 
givea. 


*For  former  Act  of  181 2  on  this  subject,  see  Art.  XVII.  "  Officers  of  Court,"  sec.  379. 
See  also  sec.  205,  Act  of  l&oO,  authorizing  Constables  to  levy  and  sell. 
[    As  to  service  of  process,  see  sec.  74  of  this  title. 


518  JUDICIARY.— Sup'r  and  Inf'r  C'ts— Action— IS 50. 

Amending  Illegality' — Sale  where  bond  for  titles  given. 

Clerk's  office  of  the  Superior  Court  of  the  County,  a  good  and  sufn- 
cient  deed  of  conveyance,  to  the  defendant  for  said  land  ;  and  there- 
upon the  same  may  be  levied  on  and  sold  under  said  judgment  as  in 
other  cases  :*  Provided,  That  thesaid  judgment  shall  take  lien  upon 
the  land  prior  to  any  other  judgment  or  incum^hrance  against  the  de- 
fendant. 


An  Act  hi  relation  to  affidavits  of  illegality  of  execution. — -Approved 

Feb.  22,  1850.     Pam.  42. 

Affidavits  of  201.  Sec.  I.  Be  it  enacted,  That  from  and  after  the  passage  of 
Jilwbe^^  this  Act,  it  shall  and  may  be  lawful  for  the  defendant  or  defendants 
amended.  \ji  exocution,  in  cascs  of  illegality  of  execution,  by  leave  of  the  Court, 
to  make  any  amendment  of  the  affidavit  of  illegaiit]/",  which  the  de- 
fendant or  defendants  may  deem  necessary,  and  which  amendment 
may  be  made  either  by  the  insertion  of  new  grounds  of  illegality,  or 
the  correction  of  errors  and  mistakes  in  the  affidavit  of  illegality,  and 
the  said  amendments  vv^lien  made  and  sworn  to,  shall  be  taken  as 
part  of  the  origina.1  affidavit  ]^  Frovidcd  alicay^,  that  the  amending 
party  shall  not  be  entitled  to  any  delay  or  continuance  of  said  case  to 
which  he  would  not  have  been  entitled  in  case  his  affidavit  had  been 
perfect  in  the  first  instance. 
Continuance  202.  Sec.  II.  "Whenever  an  amendment  is  made  under  the  pro- 
visions of  this  Act,  the  plaintiff  in  execution  or  his  counsel,  (if  sur- 
prised by  the  amendment,)  shall  and  may  move  a  continuance  of  the 
case,  and  the  Court  shall  charge  the  continuance  to  the  amending 
party. 


An  Act  to  amend  an  Act  entitled  an  Act  to  alter  a7id  amend  an  Act 
passed  22d  Dec.  1840,  entitled  an  Act  to  alter  and  amend  the 
ninth  section  of  the  Judiciary  Act  of  1799,  and  the  first  section  of 
an  Act  relative  to  executions,  passed  Dec.  l^th,  ISll,  and  to  pro- 
vide for  the  enforcement  of  jiidgm^nts  against  land  sold  and  bond 
for  titles  given,  assented  to  Dec.  29,  1847. — Approved  Feb.  11, 
1850.     Pam.  275. 

Adro'r,  &c.       203.   Sec.  I.     Be  it  cuacted,  That  when  any  judgment  has  been 

tSies^where  ^^  shall  bo  rendered  in  a,ny  of  the  Courts  of  this  State,  upon  any  note 

bondisfiiv-  or  otlicr  cvideuce  of  debt,  given  for  the  purchase  of  land,  where  titles 

the  land'     liavc  uot  been  made,  but  bond  for  titles  given,  it  shall  and  may  be 

^  '  lawful  for  the  executor  or  executors,  administrator  or  administrators 

of  the  obligor  in  such  bond,  to  make  and  file  and  have  recorded  in 

the  Clerk's  office  of  the  Superior  Court  of  the  County,  a  good  and 

sufficient  deed  of  conveyance  to  the  defendant  for  said  land,  and 

thereupon  the  same  may  be  levied  on  and  sold  under  said  judgment 

*See'Act  of  1850,  sec.  203. 

[1]  For  rule  prior  to  Statute,  see  8  Ga,  317. 


JUDICIARY.—Sup'rand  Ii^f'rC'ts— Bills,  ^v.— 1799. 


519 


Execiition  vs.  Sheriff — Bonds,  ISTotes,  &c.  of  equal  dignity. 


as  in  other  cases  :  Frovided,  That  said  judgment  shall  take  lien  up- 
on the  land  prior  to  any  other  judgment  or  incumbrance  against  the 
defendant. 

204.   Sec.  IL     Any  laws  militating  against  this  Act  be  and  the 
same  are  hereby  repealed. 


An  Act  to  alter,  cnjiend  and  explain,  t^'c.  and  to  authorize  Consta- 
bles to  levy  certatJi  executions. — Approved  Feb.   8,  1850.     Pam, 

277. 

[Sees.    I.  and  IL   relate  to  Sureties.     See  Art.  XXI.   sees.  448, 
449.] 

205.  Sec.  III.     That  in  all  cases  where  any  Sheriit  may  be  a  de- constables 

.  .     iniiv  lew 

fendant   in  execution,  it  shall  be  lawful  for  the  plamtilf  to  place  his  executions 
execution  in  the  hands  of  any  Constable  of  the  County,  who  shall  ^^"  ^^^^^'  ' 
be  and  he   is  hereby  authorized  to  levy  and  sell,  as  the  Coroner  or 
Sheriff  of  an  adjoining  County  is  authorized  to  do  in  such  cases. 

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


IV.     BILLS  OE  EXCHANGE,  NOTES,  &c.* 


Sec.  20S.  Bonds,  notes,  &c.,  equal  dignity. 
"    207.  Speciiics — value. 
'*     203.  Five  per  cent,  damages  on  bills. 
"     209.  Beyond  U.  S. 
"    210.  Damages  if  protested. 


Sec.  211.  And  interest. 
"     212.  Extended  to  all  bills. 
"     213.  Holidays. 
"     21-1.  iJ'o  grace  on  sight  drafts* 


Judiciary  Act  of  1799.     Yol.  L  292. 

206.  Sec.  XXY.     All  bonds,  and  other  specialties,  and  promisso-  •nondp,  notes 
ry  notes,  and  other  liquidated  demands,  bearing  date  since  the    9th  dignity^Trfd 
day  of  June,  1791,  whether  for  money,  (^  other  thing,t  shall  be  of  °®^"^^'''"^^' 
equal  dignity,  and  be  negotiable  by  endorsement,   in  such   manner 
and  under  such  restrictions  as  are  prescribed  in  the  case  of  promisso- 


*For  Act  in  relation  to  notice  to  indorsers  of  non-payment,  &c.  see  Art.  XXLj_**Sure- 
ties  and  Indorsers,"  sec.  437. 

As  to  proof  of  indorsement,  see  "  Evidence,"  sec,  21.  As  to  computation  of  time, 
see  sec.  258  of  this  title. 

For  Act  making  judgments  negotiable,  see  Art.  IH.  "Action,"  "Yerdicts,  Judg- 
ments," &c.  sec.  143,  this  title. 

As  to  what  constitutes  a  sealed  instrument,  see  "  Evidence,"  section  29. 

For  Act  in  referencfe  to  post  notes,  see  "Banks  and  Banking,"  sec,  17. 

tPvule  of  valuation  ;  see  next  section. 


520  JUDICIARY.— Sup'r  and  Inf'r  C'ts— Bills,  ^«c.— 1800. 

Specific  articles — Kule  of  Yaluation. 

.. ^ »»  ■  — ^ 

ry  notes.^  Provided,  that  nothing  herein  contained  shall  prevent  the 
party  giving  any  bond,  note,  or  other  writing,  from  restraining  the 
negotiability  thereof,  by  expressing  in  the  body  thereof  such  inten- 
tion.^ 


An  Act  to  ascertain  and  establish  a  certain  and  unijorm  mode  of  cal- 
culating the  'prices  of  specific  articles  in  contracts  between  i?idivid- 
ual  and  individual  in  this  State. — Approved  Dec.  1,  1800.  Yol. 
I.  39. 

Whereas,  it  doth  frequently  happen  that  in  the  ordinary  transactions 
between  individuals  of  this  State,  contracts  are  entered  into  for  the 
payment  of  specific  articles,  which  contracts  may  have  been  either 
verbal  or  written  ;  And  whereas,  great  difficulty  and  uncertainty  has 
occurred  in  the  trial  of  such  cases  in  Courts  of  Justice,  in  ascertain- 
ing the  time  from  which  the  prices  of  such  specific  article  should  be 
calculated ;  for  remedy  whereof,  and  for  the  establishment  of  some 
precise  mode  of  estimation  in  future, 

va!uetot«       207.     Bc  it  enacted,  &^c.  That  on  every  bond,  note,  or  other  in- 
estimated  .  ..  ^    ,     ,  r        1  c 

When  due,  strumcut  m  writmg,  or  verbal  contract  lor  the  payment  oi  negroes, 
produce,  stock,  goods,  or  other  specific  articles,  of  any  nature  or 
kind  whatsoever;  the  price  of  such  specific  article  at  the  time  it  be- 
came due,  upon  such^  bond,  note,  or  other  instrument  in  writing,  or  ver- 
bal contract  as  aforesaid,  and  having  respect  to  the  place,  [where]  made 
payable  according  to  contract,  if  any,  shall  be    the  sole  and  estab- 

anibeat  8    Hshed  rulc  of  Valuation  :  and  all  and  every  such  bond,  note,  or  oth- 

ppi-  cent,  m-  .  .  .    .  •'  .  %  .    , 

terest.  er  mstrumcut  m  writmg,  or  verbal  contract,  lor  specmc  articles  as 
aforesaid,  shall  bear  interest  at  eight*  per  cent,  from  the  time  they 
become  due,  in  like  manner  as  if  given  for  the  payment  of  money 
simply ;  any  law  to  the  contrary  notwithstanding. 

*Legal  interest,  7  per  cent;  see  title  "  Interest. 

(1.)  !i  bDl  of  sale  is  not  negotiable  nnder  this  Statute ;  it  includes  only  liquidated  de- 
mands for  the  pajTnent  of  money  or  some  article  of  property.     1  Kelly y  75. 

A  note,  to  be  negotiable,  must  contain  negotiable  words,  as  required  by  Statute  of 
Anne.    1  Kelly,  236. 

A  note  not  negotiable  has  all  of  the  attributes  and  privileges  of  such  contracts,  as  be- 
tween the  parties.  1  Kelly,  23Q.  An  assignee  takes  it,  subject  to  all  equities.  6  Cki, 
119. 

Sui4  may  he  brought  on  a  note  by  one  having  no  interest  in  it.     1  Kelly,  308. 

A  memorandum  at  the  foot  of  a  note,  slipwing  how  it  may  be  discharged,  does  not 
change  its  character.     1  Kelly,  319. 

A  promise  to  pay  for  an  article  to  be  delivered  at  a  future  date,  is  not  a  promissory 
note.     5  Ga.  165. 

A  certificate  of  deposit,  promising  to  pay  to  depositor  or  order  at  a  certain  time,  is 
negotiable.     7  Ga.  84. 

A  cotton  receipt  is  not  negotiable,     7  Ga.  104. 

(2.)  As  to  sales  of  notes  before  and  after  due,  see  4  Ga.  287. 

(3.)  In  declaring  on  such  a  paper,  the  yalue  of  the  articles  should  be  averred.  8  Ga» 
61. 


JUDICIARY.— Sup'r  and  Inf'r  C'ts— Bills,  ^r.— 1823-'2r.       521 

Damages  on  dishonored  Bills. 

A71  Act  concern'mg  hills  of  exchange. — Approved  December    19, 

1823.     Vol.  ly.  212. 
» 
208.     Whenever  any  bill  of  exchaiiffe  hereafter  to  be   drawn  or  ^'jve  per  rt 

,.,.,.,,,  ^  .  damages  on 

negotiated  withm  this  btate  upon  any  person  or  persons  01  or  m  any  dishonftred 
State,  territory,^  or  district  of  the  United  States,*  shall  be   returned  IJra'^-„' on  a 
unpaid,  and  shall  have  been  duly  protested  for  non-payment  in  the  J^'^f  o"i^'r 
manner  usual  in  cases  of  foreign  bills  of  exchange,  the   person    or  siute. 
persons  to  whom  the  same  shall  or  may  be  payable  shall  be  entitled 
to  recover,  and  receive  of  and  from  the  drawer  or  drawers,   or  the 
endorser  or  endorsers  of  such  bill  of  exchange  five  per  cent,  damages^ 
over  and  above  the  principal  sum  for  [which]  said  bill  of  exchange 
shall  have  been  drawn,  together  with  lawful  interest  on  the   aggre- 
gate amount  of  such  principal  sum,  from  the  time  at  which  notice 
of  such  protest  shall  have  been  given,  and  the  payment  of  the  said 
principal  sum  and  damages  shall  have  been  demanded. 


An  Act  to  reduce  the  damages  7/j)on  hills  of  exchange  draivn  on  any 
jilace  heyond  the  limits  of  the  United  States,  returned  protested  for 
non-jjayment ;  and  to  define  more 'precisely  the  mode  of  settling  the 
same  on  the  princijiles  oj  exchange. — Approved  Dec.  24,  1827.  Vol. 
lY.  221. 

Whereas,  the  damages  at  present  established  by  commercial  cus- 
tom and  judicial  decision  in  this  State,  upon  foreign  bills  of  ex- 
change returned  and  protested,  are  much  too  high ;  And  whereas,  a 
doubt  exists  what  is  the  legal  mode  of  settlement :  for  remedy 
whereof, 

209.     Be  it  enacted,   That  on  the  bills  of  exchange  drawn  in  this  Biiis  of  ex- 
State  after  the  31st  day  of  January  next,  upon  any  place  beyond  the  draw^foir^ 
limits  of  the  United  States,  which  shall   be  returned  protested   for  beyonrthe 
non-payment,  it  shall  be  lawful  for  the  holder  or  holders  thereof  to  5- ^' =1"'^ '"''- 

r'  r  n  turned   pro- 

recover  from  those  liable  for  the  payment  thereof,  the  amount  ot  the  t<^^i<^'i,  &f- 
said  bill  of  exchange,  with  postages,  protests,  other  necessary  expens-  sjlaiM-eJ.v- 
es,  and  interest  upon  the  amount  of  these  sums  from  the  date  of  the  plJi'Si'S. 
protest  until  the  time  of  presenting  the  same  for  payment  in   this 
State,  at  the  rate  established  at  the  place  at  which  the  bill  was  pay- 
able ;  and  also  such  premium  upon  the  face  of  the  bill  and  the  for- 
eign postages,  protest,  and  necessary  expenses,  as  good  bills  of  ex-  Premium, 
change  upon  the  same  place  Avhich  such  bill  was  made  payable,  or 
[are]  worth,  at  the  time  and  place  of  its  demand  in  this  State  ;  but  if 
such  bills  are  then  and  there  at  a  discount,  the  holder  shall  deduct 
such  discount  upon  and  from  the  items  of  principal,  foreign  postage, 
protest  anil  necessary  expenses. 

♦Extended  to  all  bills ;  see  next  two  Acts. 

(1.)  Promissory  notes  payable  out  of  the  State,'and  indorsed,  are  within  the  spirit  of 
this  Act.     3  KeUi/,Z75. 

66 


522       JUDICIARY.— Sup'r  and  Inf'r  C'ts— Bills,  4^^.— 1839-'50. 

Drawer's  residence  immaterial — Holidays — Days  of  Grace. 

damages,  .  210.  Sec.  II.  It  shall  be  lawful  for  the  holder  of  such  bill  of 
exchange,  so  returned  protested  as  aforesaid,  also  to  claim  and  re- 
ceive from  the  person  or  persons  liable  therefor,  damages  at  the  rate 
of  ten  per  cent,  upon  the  amount  for  which  the  said  bill  was  drawn. 

and  interest  211.  Sec.  III.  It  sliail  be  lawful  for  the  holder  or  holders  of  such 
bill  or  bills  returned  protested  as  aforesaid,  to  recover  the  legal  inter- 
est established  in  this  State,  from  the  time  of  presentment  for  settle- 
ment until  paid,  upon  the  sum  or  sums  to  which  he  would  be  en- 
titled by  the  before  mentioned  mode  of  settlement. 


An  Act  to  alter  and  amend  an  Act  cojicerning  hills  of  exchange,  pass- 
ed on  the  nineteenth  December^  1823. — Assented  to  Dec.  21,  1839. 
Pam.  59. 

Kxtftnded  to      212.   Sec.  I.     Be  it  enacted,  That  all  the  provisions  of  said  Act, 
SbiJ'out^ of  be,  and  they  are  hereby  extended  to  all  bills  of   exchange  hereafter 
Lxe  state,     (jrg^^^yj-^  ^jj^  ^]-.jg  gtatc,)  upou,  or  made  payable  [at,]  any  place   within 
the  United  States,  out  of  this  State,  vv^ithout  reference  to  the  resi- 
dence of  the  drawer  or  acceptor. 


An  Act  to  designate  the  Holidays  to  he  observed  in  the  acceptance  and 
payment  of  bills  of  exdiange  and  promissory  notes,  and  to  disal- 
low the  three  days,  commonly  called  the  three  days  of  grace,  on  all 
sight  drafts  or  bills  of  exchange  drawn  payable  at  sight. — xlpprov- 
ed  Feb.  8,  1850.     Pam.  279. 

Holidays  not  213.  Sec.  I.  Be  it  enacted,  TliSit  the  following  days,  namely: 
the  first  day  of  January,  commonly  called  New  Year's  dsLj,  the  fourth 
day  of  July,  the  twenty-fifth  day  of  December,  commonly -called 
Christmas  day,  and  any  day  appointed  or  recommended  by  the  Gov- 
ernor of  the  State  of  Georgia,  Mayor  of  any  City,  or  other  munici- 
pal authority  in  said  State,  or  the  President  of  the  United  States,  as 
a  day  of  fast  or  thanksgiving,  shall  for  all  purposes  whatsoever  as  re- 
gards the  presenting  for  payment  or  acceptance,  and  of  protesting 
and  giving  notice  of  the  dishonor  of  any  bill  or  bills  of  exchange, 
bank  check  or  checks,  and  promissory  note  or  notes,  made  after  the 
passing  of  this  Act,  be  treated  and  considered  as  is  the  first  day  of 
the  week,  commonly  called  Sunday. 
3  days  of  ^  214.  Sec.  II.  Thrco  days,  commonly  called  the  three  days  of  grace, 
lowed  on  '  shall  not  be  allowed  upon  any  sight  drafts  or  bills  of  exchange  drawji 
sjgiit drafts.  ^r^j^]^iQ  ^-^  siglit,  after  the  passage  of  this  Act;  but  the  same  shall 
be  payable  on  presentation  thereof,  subject  to  the  provisions  of  the 
first  section  of  this  Act. 

Sec.  3.     All  laws  and  parts  of  laws  militating  against  this  Act,  be, 
and  the  same  are  hereby  repealed. 


to  be  count- 
ed. 


In  1839  an  Act  was  passed  rendering  it  penal  for  certain  banks  to  sell   exchange  at 
more  than  a  specified  rate.    It  was  repealed  in  1840,  and  both  are  omitted. 


JUDICIARY.— Sup'r  and  Inf'r  Cts— -Certiorari,  ^c.-— 1799-lSll.     523 

Certiorari,  Injunction,  Ne  Exeat,  &c. — Certiorari  to  Iirterior  (Jourt. 


Y,     CEHTIOF.APJ,  INJUNCTION,  NE  EXEAT,  &c.* 


Sec.  215.  Certiorari  to  Infr  Court. 

"  216.  Costs  and  Security  on  Certiorari. 

*'  217.  Certificate  tlicreof. 

<'  218.  Costs  and  security  for  Injunction. 

"  219.  Surety — ^justifying. 

"  220. 

«  221. 

«*  222, 

«  223. 

«  224. 

♦«  225. 

«  226. 

"  227. 

"  228. 


Granting  out  of  circuit. 
Service  on  non-resident. 
Disposition  of  Injunction. 
Second  Injunction. 
.Ne  Exeat  for  debts  not  due. 
Co-obligor — surety. 
Running  Orphans'  property. 
Discharge  oi  defendant. 
Disposition  of  property. 


feec. 


229. 
2:^0. 
231. 
232. 
233. 
234. 

no  5 

236. 

1^37. 

238. 

239. 

240 

241. 


Eepealing  5th  sec.  Ac"  of  1811. 
Discharge  of  defendancs. 
Judge  interested. 
Ilemaindermen;  Ne  Exeat. 
New  Security. 
Certiorari  in  six  months. 
Injunction — at  discretion. 
Second  Injunction. 
Certiorari  by  pauper. 
Proceedings  to  Certiorari. 
Supersedeas. 

Judgment  Superior  Court. 
Injunctions  by  pauper. 


Judiciary  Act  1799.     Yol.  I.  292. 

215.  Sec.  LIV.  Where  either  party  in  any  cause  in  any  Inferior  ^xcept^r.s 
Court  shall  take  exceptions  to  any  proceedings  in  aiw  case  affecting  fore'Ji'e"^«- 
the  real  merits  of  such  cause,  the  party  making  the  same  shall  offer  by'^ocrtioSi! 
such  exceptions  in  writing,  which  shall  be  signed  by  himself  or  his 
attorney  ;  and  if  the  same  shall  be  overruled  by  the  Court,  it  shall  and 
may  be  lawful  for  such  party,  on  giving  twenty  days'  notice  to  the 
opposite  party  or  his  attorney,  to  apply  to  one  of  the  Judges  of  the 
Superior  Court,  and  if  such  Judge  shall  deem  the  said  exceptions  to 
be  sufiicient,  he  shall  forthwith  issue  a  v/rit  of  certiorari,^  directed  to 
the  Clerk  of  such  Inferior  Court,  requiring  him  to  certify  and  send  up 
to  the  next  Superior  Court,  to  be  held  in  the  said  County,  all  the  pro- 
ceedings in  the  said  cause,  and  at  the  term  of  the  Superior  Court  to 
which  such  proceedings  shall  be  certified,  the  said  Superior  Court 
shall  determine  thereon,  and  order  the  proceedings  to  be  dismissed,  or 
return  the  same  to  the  said  Inferior  Court  with  order  to  proceed  in  the 
said  cause. 


An  Act  10  regulate  the  granting   Certiorarles  and  Injunctions  in   this 
>SWe.— Approved  Dec.  16,  1811.     Yol.  III.  133. 

216.   Sec.  I.     From  and  after  the  passing  of  this  Act,  it  shall  not  No  certj>rp.ri 
be  lawful  for  any  Judge  of  the  Superior  Court  of  this  State  to  sane- ed  uulesr" 
tion  or  grant  any  certiorari,  unless  the  person  or  persons  aggrieved  and  pawfaml  re- 
applying for  the  same,  shall  have  previously  ])aid  all  costs  which  may  '^""^^  ^'^'^^' 
have  accrued  on  the  trial  below,  and  have  given  to  the  Magistrate  or 


*For  reference  to  Act  requirmg  the  Judge  to  -write  out  his  decision,  see  "  New  Tri- 
als " 

For  Act  in  reference  to  sanction  by  Judge,  see  Art.  II.  "Jurisdictioji,  Equity,"  sec.  G3 
tais  title. 

[1.1  This  writ  lies  to  a  decision  on  rule  vs.  Sheriff,  for  a  contempt  in  not  paying  over  money. 
2  Kellj/,  22.     In  all  cases  of  contempt.     Query  ?  230. 

In  cases  lying  in  discretion,  the  Infr  Com-t  will  be  controlled  only  where  a  fixed  rule  for 
governing  that  discretion  applies,  unless  in  cases  of  arbitrary  abuse  of  it.    5  Ga.  523. 


524        JUDICIARY.— Sup'r  and  Inf'r  C'ts— Certiorari,  ^v.— 1811. 

Costs  and  security — Injimction — On  non-resident — Second  Injunction, 

Magistrates,  or  Justices  of  the  Inferior  Court,  or  Clerk  of  the  Infe- 
rior Court,  as  the  cas6  may  happen,  good  and  sufficient  security  for 
the  eventual  condemnation  money,  or  any  future  costs  which  may 
accrue.^ 
c^^mficate        217.   Sec.  II.   The  person  applying  for  said  certiorari  shall  pro- 
shall  beV^-  d^ice  to  the  Judge  authorized  to  grant  the  same,  a  certificate,  from  the 
j^e.^''  ^^^^  Magistrate  or  Magistrates,  or  Justices  of  the  Inferior  Court  who  tried 
the  case,  or  Clerk  of  the  Inferior  Court,  whose  duty  it  shall  be  to  give 
said  certificate,  informing  said  Judge  that  the  costs  have  been  paid, 
and  security  given  in  terms  of  this  Act.f 
Noinjunc-        218.   Sec.  III.  No  injunction  shall  be  sanctioned  or  granted  by 

tion  to  issue  -^t  r     i        en  ■        r^  r    t    •       c>i  -ii 

unless  co^ts  auy  Judgc  01  the  Superior  Courts  oi  this  btate,  until  the  party  re~ 
^n"y  giv.  quiring  the  same  shall  have  previously  given  to  the  party  against 
®°'  whom  such  injunction  is  to  operate,  by  application  to  the  Clerk  of 

the  Superior  Court  for  that  purpose,  a  bond  with  good  and  ample  se- 
curity for  the  eventual  condemnation  money^  together  with  all  future 
costs  ;  which  said  bond  shall  be  lodged  in  said  Clerk's  office,  subject 
to  the  order  of  the  Court,  and  have  paid  all  costs  which  may  have 
accrued  in  the  case,  the  subject  of  the  injunction.  J 
The  surety       219.   Sec.  IV.     Where  auy  doubt  ariscs  as  to  the  sufficiency  of 
^tfedto^u^'the  security  tendered  to  any  of  the  persons,  authorized  by  this  Act  to 
^^^'  take  the  same,  the  party  so  authorized  to  take  the  said  security,  may 

compel  the  party  to  justify  upon  oath,  and  such  justification  upon  oath 
shall  amount  to  such  sufficiency  as  to  exonerate  the  party  taking  the 
security,  from  any  liability. 
NoJud?eto      220.   Sec.   V.     No  Judge  of  the  Superior  Court  shall  grant  or  sanc- 
iurcn/is^*^  tion  any  certiorari<§>  or  injunction  out  of  his  judicial  district,  unless 
foSfin  ce"'  there  shall  be  a  vacancy  in  any  of  the  other  districts,  or  the  Judge 
tain  cases,    thcrcof  be  SO  iudisposed,  or  be  absent  therefrom,  so  that  the  business 
of  granting  certioraries  and  injunctions  cannot  be  speedily  done. 
[Proviso  repealed  by  Act  of  1821,  sec.  229.] 
senicpof         221.   Sec.  VI.     Ill  all  cases  of  bills  of  injunction,  where  the  de- 
wiere  the    fcndaut  or  defendants  reside  out  of  the  State,  a  service  on  the  attor- 
resid"?out  J^ey  of  the  plaintiff  in  the  original  action,  and  a  publication  of  a  six 
of  the  State.  j-jp^Q,.^j-^g5  j-pjg^  obtaiiicd  from  the  Judge  granting  the  injunction,  shall 

be  deemed  a  sufficient  service.  || 
Injunctions       222.   Sec.  VII.     All  bills  of  injunctioii  ^ranted  by  the  Superior 

itiav  bo  ar-  <~j  j  x 

gtjodor  Court,  or  any  of  them,  or  which  may  hereafter  be  granted,  shall  stand 
^he^fii-^t  and  be  considered  as  open  for  argument  and  amendment,  at  the  first 
tenn.  term  of  the  Superior  Court  which  may  be  holden  after  the  passing  of 

this  Act,  in  and  for  the  County  where  the  suit  originated,  or  the  first 
And  shall  be  term  after  the  granting  such  bill  of  injunction  ;  and  in  all  cases  of 
atThrsec-    Injuiiction,  they  shall  be  disposed  of,  and  a  decision  made  at  the  sec- 


ond tenn. 


*But  see  Act  of  1842,  Sec.  237.     Must  be  applied  for  in  six  montlis.     See  Act  of 
1838,  sec.  234. 

fSee  Act  of  1850  dispensing  with  th.e  granting  of  certioraries  by  the  Judge,  sec.  238. 
JButsee  Act  of  1850,  sec,  235. 

^liepealed  as  to  certioraries,  by  Act  of  1821,  sec.  229,  and  see  Act  of  1850,  sec,  238. 
^As  to  publication,  see  Art.  II.  "'  Equity  Jurisdiction,"  sec,  65. 

[1]  The  "eventual  condemnation  money,"  is  the  amount  ultimately  fixed  by  the  decree  of 
the  Court,  and  that  decree  is  the  only  legal  evidence  of  the  amount,    1  Kelly,  72. 


JUDICIARY.— Sup'r  and  Inf'r  C'ts— Certiorari,  c^v.— 1813.       525 

Second  Injunction — Ne  Exeat  on  demands  "not  due — Co-obligors. 

ond  term^  of  said  Court,  held  in  and  for  the  County  where  such  suit 
originated,  any  law  to  the  contrary  notwithstanding. 

223.  Sec.  Vlll.     The  dilatory  practice  of  granting  bills  of  injunc- j^j^i  jecond 
tion  a  second  time,  after  the  dissolution  of  the  first  bill  or  bills,  shall  junction 
not  be  admissible  or  allowed  of  in  any  case  or  cases  whatever.*^         gSnted! 


Aa  Act  to  authorize  the  Judges  nf  the  Superior  Courts  to  grant  writs  of    • 
ne  exeat  in  certain  cases  therein  mentioned. — Approved  December  6, 
1813.     Vol.  m.  530. 

Whereas,  great  evils  have  existed  and  do  yet  exist  in  this  State, 
in  consequence  of  the  law  of  England  regulating  writs  of  ne  exeat 
not  having  provided  for  cases  where  the  demand  set  forth  by  the 
complainant  is  not  due;  and  whereas^  no  provision  is  made  for  cases 
of  joint  obligors  or  joint  and  several  obligors,  Vvdien  a  part  of  them 
remove,  or  are  about  removing  without  the  jurisdictional  limits  of 
this  State,  without  making  satisfaction  to  the  obligee  or  to  the  other 
obligor  or  obligors,  by  reason  whereof,  the  payment  of  the  debt  de- 
volves on  the  obligor  or  obligors  who  remain  within  the  State,  and 
that  too  without  the  possibility  of  compelling  the  obligors  or  obligor 
removing,  to  pa^^  or  secure  the  payment  of  their  proportionable  part 
to  the  obligee  or  the  complaining  obligors.        For  remedy  Avhereof, 

224.  Sec.  I.     Beit  enacted,  <^*c.  That  from  and  after  the  passage  of  Judges  may 
this  Act,  the  Judges  of  the  Superior  Courts  shall,  and  they  are  here-  ofn^rrfJi'Si 
by  authorized  to  grant  writs  of  ne  exeat ^  as  well  in  cases  where  the  due'in'cer-*^^ 
debt  or  demand  is  not  actually  due,  but  exists  fairly  and  bona  fide  in  ^^i"  ^^**- 
expectancy  at  the  time  of  making  application,  as  in  cases  where  the 
demand  is  due  f  and  all  the  proceedings  shall  be  as  heretofore  prac- 
tised in  this  State,  in  restraining  the  person  and  property  of  the  de- 
fendant until  he  secures  to  the  complainant  the  payment  of  the  de- 
mand, or  shows  good  cause  to  the  Court  why  he  should  not  pay  the 

isame — all  other  proceedings  to  be  in  the  same  way  as  practised  un- 
der this  writ  in  other  cases.f 

225.  Sec.  II.     In  case  of  joint  or  joint  and  several  obligors,  if  any  J'^c  exeat  \n 
one  or  more  of  them  are  about  to  remove  without  the  jurisdictional  obligors. 
limits  of  this  State,  and  are  carrying  off  their  property,  leaving  one 

or  more  fellow-obligors  bound  with  them  for  the  payment  of  any 
debt,  penalty,  or  for  the  delivery  of  property  at  a  certain  time,  which 
time  has  not  arrived  at  the  time  of  such  removal,  such  obligor  or  ob- 
ligors who  remain,  shall  have  the  benefit  of  the  writ  of  ne  exeat  to 
compel  the  removing  obligor  to  secure  the  payment  of  his  part  of  the 
debt,  penalty,  or  of  the  delivery  of  the  property ;  and  also  in  cases 
of  security,  the  security  shall  have  all  the  benefit  of  the  writ  of  ne 

*May  be  granted  in  certain  cases.  See  Act  of  1842,  sec.  236. 
IDefendant,  how  discharged ;  see  Act  1830,  sec.  230. 

(1)  After  the  parties  are  served  and  the  cause  set  down  for  a  hearing.     3  Kelly ^  117, 

(2)  As  to  dissolution  of  injunction,  see  1  Kelly,  9.    3  lb.  43-5.    6  Ga.  220,423. 
(3.)  May  be  granted  at  instance  of  wife  suing  for  alimony,  8  Ga.  295. 


526    JUDICIARY.— Sup'r  and  Int'ii  C'Ts-^Certiorari,  c^v.— 1814-'21. 

Orphans'  property — Discliarge  of  defendant. 

tLtiflsecnrity  exeat  agaliist  his  prinoipal  or  fellow-security,  where  the  obligation  or 

pSdpaior  debt  is  iiot  vot  duo,  and  the  principal  or  either  of  the  securities  are 

co-surety,     q^q.j^  removing  without  the  State  :  Provided  nevertheless,  that  in 

all  cases  arising  under  this  Act,  the  party  complairiing  shall  pursue 

the  legal  form  and  course  of  law  as  heretofore  practised  in  this  State 

— anything  herein  contained  to  the  contrary  nothwithstandmg. 


A'l  Act  to  authorize  the  several  Court  of  Equity  inthis  State  to  grant 
remedies  in  certain  cases,  and  to  regulate  the  Courts  of  Law  and  Equi- 
ty in  this  State,  6f*c. — Approved  Nov,  23,  1814.     Vol.  Ill,  39. 

Rem-sdy  226.  Sec.  I.     Whcrc  any  person  or  persons  has  or  shall  run  out 

S*s"ruir^'  of  this  State  the  property  of  a  deceased  person  or  persons,  to  the  in- 
piS?prVJ'^'-y  ^^  •'-^®  orphans  of  said  deceased,  or  to  the  injury  of  the  next  of 
«'^t^-  kin  entitled  to  the  same,  it  shall  and  may  be  lawful  for  the  Judges  of 

the  several  Courts  of  Equity  in  this  State,  upon  application  and  the 
facts  being  stated  on  oath  made  to  the  truth  thereof,  and  also   the 
property  being  described,  and  its  value  sworn  to  by  the  person   or 
persons  entitled  to  said  estate,  his,  her,  or  their  agent  or  attorney,  to 
give  the  party  a  remedy,  either  by  arresting  the  defendant  or  taking 
his  property,  or  both,  as  the  Court  in  its  discretion  shall  deem  neces- 
sary and  proper.     Provided  always,  that  the    Judge    granting    the 
same  shall  take  good  security  of  the  party,  his,  her,  or  their  agent 
or  attorney,  in  double  the  amount  sworn,  to  make  good  all  costs  and 
damages  the  defendant  shall  sustain,  ii  the  plaintiff  shall  discontinue 
or  be  cast  in  said  suit. 
Defenfiant        227,  Sec,  II.     The  defendant  if  arrested,  and  his  property  also  if 
pert/may  be  taken,  shall  be  discharged  and  returned  to  him  on  his  giving  good 
on  gh¥if|se- security  to  perform  the  order  and  decree  of  the  Court.* 
If  h?faii3,        228.   Sec.  III.     If  the  defendant  fails,  or  neglects,  or  refuses  to 
Kat^-'iTdi?  §^^'^  such  security,  the  Court  may  make  such  disposition  of  the  prop- 
cration  of     ertv  as  in  its  discretion  it  shall  deem  most  advantaoreous  to  the  par- 

XhQ  Court.        .  T       1       .  1 

ties  on  both  sides. 


An  Act  to  repeal  so  much  of  the  fifth  section  of  an  Act  passed  on 
the  16th  Dec.  1811,  entitled  ^' an  Act  to  regulate  the  granting  of 
Certioraries  and  Injunctions  in  this  State,'' "^  so  far  as  relates  to 
Certioraries. — Assented  to  Dec.  21,  1821,     Vol,  IV.  206. 

229,    Whereas,  much  inconvenience  has  resulted  in   practice    and 
frequently  great  injustice  has  been  done  to  parties  litigant  in  the  sev- 
eral Justices'  Courts  of  this  State,  from  the  provisions  of   the   said 
5th  section  ;  in  remedy  whereof, 
5  3-c.  Ac4  of     Be  it  enacted,  6^'c.  That  so  much  of  the   5th  section   of   an   Act 
edas'^toS-  passed  Oil  thc  16th  day  of  December,  in  the  year  1811,  as  relates  to 
tjoraries,      certiorarles,  be,  and  the' same  is  hereby  repealed. 

*SeeActof  1830,  sec.  232. ; 


LAW  LIBRARY 

.UNIVERSITY  OF  GEORGIA 


A  ft  I  l>»^  i  «ii« 


JUDICIARY.— Sup'r  and  Inf'r  C'ts— Certiorari,  (^c— 1830.       527 

— — - — ' — — —  ■■,■■■  .       ■  -— — '   •    m*' 

Judge  Interested — Remainder  men,  &c. 


An  Act  to  prescribe  the  mode  of  proceeding  wider  writs  ofne  exeat,  and 
to  amend  the  laivs  regulating  the  gra'iiting  of  writs  of  injunction,  by 
the  Judges  of  the  Superior  Courts  of  this  State. — Approved  Dec.  22, 
1830.     Pain.  125. 

230.  In  all  cases  where  persons  may  be  hereafter  arrested  by  vir-  pefendants 
tue  of  writs  of  7ie  exeat,  they  shall  be  discharged  on  their    giving  Iw^dit^'' 
bond,  with  good  and  sufficient  security,  either  that  they  will  not  de-  *^^^'"s«^ 
part  this  State,  or  for  the  payment  of  the  eventual   condemnation 
money.  ^ 

231.  Sec.  II.     In  all  cases  in  Equity,   when  the  Judge  of  any  where  the 
Circuit  may  be  a  party  to  such  suit,  or  when  the   complainant  will  Jere^s^d/any 
and  shall  make  an  affidavit,  that  the  Judge  of  the  Circuit  where  the  may'^sanli'^ 
cause  is  pending,  or  to  be  instituted,  is  interested  in  the  subject  mat-ti<^»^^"=^»'^'^ 
ter  of  such  cause  in  Equity,  it  shall  and  may  be   lawful,    for  any 
Judge  of  the  Superior  Courts  of  this  State,  to  sanction  such  bills  in 
Equity  and  grant  such  writs  of  injunction,  and  others  as  may  be  ac- 
cording to  law,  to  effect  the  object  of  such  bills. 


An  Act  to  authorize  the  issuing  of  writs  of  ne  exeat,  at  the  instance 
of  persons  claiming  personal  property,  in  remainder  and  reversion, 
and  to  preserve  the  rights  of  such  persons, — Approved  Dec.  23, 
1830.     Pam.  126. 

232.  It  shall  and  may  be  lawful,  for  any  Judge   of  the  Superior  Remainder 
Court  of  this  State,  on  application  to  him  by  bill,  at  the  instance  of  J'ersio^^'o/ 
any  person,  or  persons,  claiming  personal  property,  in  remainder  and  ^rJ^ert 
reversion,  to  grant  a  writ  of  ne  exeat,  or  other  sufficient  process^   to"i'»yhave  a 
restrain  the  person  or  persons  having    the   control  or  possession  of  proper'oatii 
such  property,  from  removing  the  same  beyond  the  limits  of   this"'*'^^ 
State ;  or  to  give  good  and  sufficient  security,  residing  in  the  Coun- 
ty, to  the  party  claiming,  in  a  sufficient  penalty  to  be  fixed  by  such 
Judge,  that  the  property  shall  be  subject,  and  accessible  to  the   de- 
mand of  the  person,  or  persons,  entitled  thereto,  in  the  County  where- 
in such  property  may  be  at  the  time  of  issuing  of  such  writ :  Pro- 
vided, that  the  person  or  persons,  or  one   of  them,  suing  for  the  ben- 
efit of  such  writ,  shall  make  affidavit  of  his,  her,  or  their  right  to, 

and  of  the  value  of  the  property  in  question ;  and  that  he,  she,  or 
they,  entertain  serious  apprehensions,  that  the  property  will  be  re- 
moved beyond  the  limits  of  this  State,  and  that  his,  her,  or  their 
rights,  will  be  impaired,  unless  a  remedy  be  aff'orded  for  the  preser- 
vation thereof. 

233.  Sec.  II.     The  Superior  Court  shall  at  the  the  term  to  which  New  bond 
such  writ  and  bond  may  be  returnable,  and  at  any  subsequent  term,  JJ^uircd^Jn' 
on  exceptions  to  the  sufficiency   of  the  bond,  or  of  the  security,  or  ^^^^"^s- 
on  a  representation  on  oath,  that  the  securities  »or  some  of  them,  have 
removed,  or  are  about  to  remove,  from  the  County,  determine  there- 

(1.)'  See  8  Ga,  Bep.  299,  (2.)_See  8  Ga.  Eep,  374. 


528    JUDICIARY.— Sup'r  and  Inf'r  C'ts— Certiorari,  (^v.— 1838-^4:2. 

Certiorari  within  6  months — Second  Injunction — Paupers — Payment  of  costs. 

on,  and  may  in  its  discretion,  require  a  new  bond,  or  additional  se- 
curity, for  the  preservation  of  the  property  in  controversy  ;  and  may 
pursue  such  course  therein,  and  in  the  matter  of  said  bill,  as  to  jus- 
tice may  seem  proper. 


An  Act  supplementary  to  an  Act  entitled  an  Act  to  regulate  the  grant- 
ing of  Certioraries  and  Injunctions  in  this  State,  passed  Dec.  4, 
1811.— Assented  to  29th  Dec.  1838.     Pam.  54. 

Certiorari  234.  Sec.  I.  Bc  it  cnactcd,  That  from  and  immediately  after  the 
Vrtmted^J-^  passiug  of  this  Act,  it  shall  not  be  lawful  for  any  Judge  of  the  Su- 
ler  BIX  mo's. pgj,^^^,  Court  to  sauctiou  or  grant  any  writ  of   certiorari  under   the 

provisions  of  the  above  recited  Act,  unless  such  writ  of  certiorajH 

shall  be  applied  for  within  the   term  of  six  months  next  after   the 

case  has  been  determined  in  the  Court  below.* 

Sec.  II.     All  laws  and  parts  of  laws  that  militate   against  this  Act, 

be,  and  the  same  are  hereby  repealed. 


An  Act  to  amend  an  Act  to  regulate  the  granting  of  Certioraries  and 
Injunctions  in  tJiis  State^ passed  Dec.  16th,  1811. — Assented  to 
27th  Dec.  1842.     Pam.  38. 

Injunctions "!     235.   Sec.  I.     Bc  it  e?iactcd,  That  from  and  after  the  passing  of 
dSJtk.rof  this  Act,  the  third  section  of  the  above  recited  Act,  be  so  altered  and 
liie Judge,    amended  as  to  authorize  the  Judges  of  the  Superior  Courts  of  this 
State,  to  grant  injunctions  upon  such  security  and  under  such  terms 
as  in  their  discretion  such  case  may  require, 
gecond  may      236.   Sec.  II.     It  shall  bc  lawful  for  a  second  injunction  to  be 
^'  granted  in  certain  cases,  where  a  previous  injunction  may  have  been 
dismissed,  for  cause  not  connected  with  the  merits  of  the  case,  and 
when  the  Judge  to  whom  the  application  may  be  made,  shall  be  sat- 
isfied that  a  second  injunction  should  issue. 

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


be  granted. 


An  Act  to  enable  parties  plaintiff's  or  defefidants,  in  any  Court  of 
this  State,  to  appeal  loithout  paying  Costs,  i^*c.  and  also  to  enable 
parties  in  Justices''  Courts  in  this  State  to  obtain  Certioraries  without 
paying  Cost  or  giving  Security,  on  certain  conditions  herein  meiition- 
ecZ.- Assentedto  Dec.   27,1842.     Pam.  13. 

Sec.  I.   [As  to  Appeals,  see  Art.  III.  *'  Action  ;"  subdivision  ^'  Ver- 
dict,"  (fee.  sec.  150  of  this  title.] 
Pauper  may      ^37.   Sec.  II.     lu  all  cascs  hereinafter  determined,  lu  any  of  the 
^'''rai^  with  J^^stices'  Courts  of  this  State,  on  the  appeal,  and  the  party  Ccj^st  shall 
out  paying    be  dissatisfied  with  the  decision,  if  such  party  will  make  an  affida- 

♦  See  Act  of  1850,  dispensing  mththe  sanction  of  the  Jud^,  sec,  £38. 


JUDICIARY.— Sup'r  and  Inf'r  G'T^—Cerf.wrari,  ^c— 1818.       529 

Certioraries  to  Justices'  Courts — Supersedeas. 

vit  in  writing,  that  he  or  she  is  advised  and  believes  that  he  or  she 
has  good  cause  for  certioraring  the  same  to  the  Superior  Court,  and 
that  owing  to  his  or  her  poverty,  he  or  she  is  unable  to  pay  the  cost 
and  give  security  as  required  by  law,  such  affidavit  shall  in  every 
respect  answer  instead  of  the  certificate  of  the  presiding  Justice, 
that  the  cost  has  been  paid  and  security  given  as  now  required  by 
law;  and  the  Judges  of  the  Superior  Courts  respectively,  shall  grant 
writs  of  certiorari  on  the  production  of  such  affidavits,  if  sufficient 
cause  be  shown  in  the  petition  and  affidavit,  any  law,  rsage  or  cus- 
tom, to  the  contrary  notwithstanding.* 


An  Act  to  aQUcnd  the  several  Laws  of  this  State  in  relation  to  Writs 
of  Certiorari.— k^])iOYed    Feb.  21,  1850.     Pam.   269. 

238.  Sec.  I.     Be  it  enacted^  That  from  and  after  the  passage  of  ProceerHngs 
this  Act,    in  all  cases  in  any  of  the  Justices'    Courts    of  this  State,  ceruirlS  to 
when  either  of  the  parties  shall  be    dissatisfied  with  the  judgment  of  Jo^J'^^^ 
said  Court,  it  shall  be  lawful  as  heretofore  for  said  party  so  dissatified 

to  apply  for  and  obtain  a  certiorari  on  complying  with  the  requisi- 
tions heretofore  prescribed  by  law  :  Provided  always,  that  the  peti- 
tion for  certiorari  shall  not  be  to  the  Judge  of  the  Superior  Court, 
but  to  the  Supsrior  Court,  and  on  being  filed  in  the  office  of  the 
Clerk  of  the  Superior  Court,  it  shall  be  his  duty  to  issue  the  writ 
directed  to  the  Justices  of  the  Peace  of  the  district  where  the  de- 
cision complained  of  was  made,  directing  them  to  certify  and  send 
up  the  proceedings  in  the  case  to  the  next  Superior  Courts  and  in 
case  the  next  Superior  Court  shall  sit  within  twenty  days  after  the  ^'^^^en  m^ 
issuing  of  said  writ,  then  the  said  writ  shall  be  returnable  to  the 
next  succeeding  Court;  which  said  writ  shall  be  served  on  one  of  the  served 
said  Justices  by  the  party  applying  for  the  certiorari,  by  the  Sheriff, 
Deputy  or  any  Constable,  at  least  fifteen  days  previous  to  the  Court 
to  which  the  return  is  to  be  made  ;  and  it  shall  be  the  duty  of  the 
Clerk  of  the  Superior  Court  to  place  the  case  on  the  certiorari  dock- 
et, which  said  docket  the  Judge  of  the  Superior  Court  shall  take 
up  and  dispose  of  in  its  order,  under  such  rules,  regulations  and  re- 
strictions as  are  now  prescribed  by  law  for  disposing  of  certiorari 
cases. 

239.  Sec.  II.     That  the  writs  of  certiorari  granted  in  each  case  supersedeas, 
under  the  provisions  of  the  above  section,   shall  operate  as   a  super- 
sedeas of  the  judgment  in  the  Justices'  Court  until  the  final  hearing 

in  the  Superior  Court. 

240.  Sec.  III.     In  all  cases  when  the  error   committed   by   said £"^f^,"*  *^ 

-.         .  .  .       ,  ^  ^  feuj)  r  Court. 

Justices'  Court  is  an  error  in  law,  which  must  final ly  go\^^rn  the 
case,  and  in  all  other  cases  when  the  Judge  of  the  Superior  Court 
shall  be  satisfied  there  is  no  question  of  fact  involved  which  makes 
it  necessary  to  send  the  case  back  for  a  new  hearing  in  the  Justices' 
Court,  then  it  shall  be  the  duty  of  said  Judge  to  make  a  final  decis- 

♦See  also  as  to  Injunctions,  sec.  241. 

67 


530     JUDICIARY.— Sup'r  and  Inf'r  C'Ts—Citizevship—lSSS-'iO, 

>  ill!  -  .        ' 

Injunctions  by  paupers — Citizenship  and  Residence — What  constitutes  residence. 

,1.1  .11.  —  —  --  ■ -         ---..-..      .  ■■.      ^ 

ion  on  said  case  without  sending  it  back  to  the  Justices'   Court   with 
instructions  as  heretofore. 

Sec.  IV.     All  laws  and  parts  of  laws  militating  against  this  Act, 
bC;  and  the  same  are  hereby  repealed. 


fnjunctlans 
in  favor  of 
paupers 


An  Act  to  authorize  the  graiiting    Injundioiis   in  certain  cascs.^^ 
Approved  Feb.  8,  1850.     Pam.   271. 

241.  Sec  I.  Be  it  enacted,  That  from  and  after  the  passage  of 
this  Act,  the  Judges  of  the  Superior  Courts  be  authorized  and  em- 
powered to  grant  writs  of  injunction  without  the  security  now  re- 
quired by  law :  Provided,  the  party  applying  for  the  same  will  first 
make  an  affidavit  that  from  his  or  their  poverty  they  are  unable  to 
give  such  security. 


ART.    YI.    CITIZENSHIP  AXD  RESIDENCE.* 


Sec.  242.  Residence ;  how  determLned. 
**     243.  Citizenship  ;  jurisdiction. 
"    244.  Petition,   Process,  &c. 


Sec.  245.  Parties. 
••     246.  Trial;  Appeal. 
"     247.  DisqualiUcation. 


An  Act  to  more  fully  define  the  legal  residence  of  Citizeiis  and  In-' 
habitants  of  this  State. — Assented  to  Nov.  29,  1838.     Pam.  203. 


Residence, 
hew  deter- 
mined. 


Whereas,  no  small  degree  of  embaiTassment  has  arisen,  and  is 
likely  to  arise,  from  the  indefinite  manner  in  which  the  place  of 
residence  of  citizens  and  inhabitants  of  this  State  is  defined  by 
law  ;  for  remedy  whereof,  ] 

242.  Sec.  I.  Be  it  enacted,  That  from  and  after  the  passage  of 
this  Act,  the  place  where  the  family  of  any  person  shall  permanent- 
ly reside,  in  this  State,  and  the  place  where  any  person  having  no 
family,  shall  generally  lodge,  shall  be  held  and  considered  as  the 
most  notorious  place  of  abode  of  such  person  or  persons  respec- 
tively.^ 


An  Act  to  point  out  the  tribunal  and  mode  for  the  trial  of  questions 
oj  Citizenship  in  certain  cases,  and  to  declare  ivhat  shall  be  evi- 
dence in  the  sa7ne.\ — Assented  to  Dec.  19,   1840.     Pam.  32. 

supMf  Court      243.  Sec  I.     Be  it  enacted.  That   from  and  after   the  passage 
tt?nr"''  ^^  of  this  Act,  the  several  Superior  Courts  of  this  State  shall  have  ju- 


*  See  title  "Foreigners,"  for  disabilities  of  persons  residing  out  of  the  State  more 
than  three  years  for  purposes  of  education.  Also  as  to  rights  and  disabilities  of  for- 
eigners generally. 

For  Acts  in  relation  to  suits  by  persons  of  color  for  freedom,  see  title  "  Slaves,  Pat- 
rols and  Free  Persons  of  Color,"  sec.  155,  et  seq. 

CI.)  'Even  though  boarding  and  doing  business  in  another  County.    2  KcUt/,  171. 


JUDICIARY.— Sup'r  and  Inp'r  C'ts— Claims,  (^c.-~1840.         531 

Tribunal  and  trial  of  question  of  Citizenship — Claims  a«d  Forthcoming  Bonds. 

risdictioii  over  questions  of  citizenship  which  may  arise  in  cases  here- 
inafter provided. 

244.  Sec.  II.     It  shall  and  may  be  lawful  for  any  free  white  citi- Peutioa. 
zen  to  file  his  petition  in  said  Court,  as  in  suits  of  a  civil  nature, 
against  any  person  who  may  claim  to  exercise  the   rights  and   privi- 
leges of  a  free  white  citizen  of  this  State,  in  which  he  shall  distinctly 
allege  that  such  person  so  claiming  to  exercise  and  enjoy  the  rights  Aaegatjon.: 
and  privileges  aforesaid,    is  of  mixed  blood,    and  not  a  free  white 
citizen  ;  to  which  the  Clerk  of  said  Court  shall  annex  a  process,  and  a  Process, 
copy  thereof  be  served  on  the  defendant,  in  the  manner  as  now  provi-  service. 
ded  for  in  cases  on  the  Common  Law  side  of  said  Court :  Provided^ 

that  before  filing  such  petition,  the    person    filing  the  same  shall 
make  oath  that  the  facts  set  forth  in  it  are  true  according  to  his  or  her  oath. 
belief  or  knowledge. 

245.  Sec.  III.     At  any  time  any  suits  may  hereafter  be  pending  Parties, 
under  the  authority  of  this  Act,  it  shall  be  lawful  for  any  person  to 
make  him  or  herself  a  party  to  it,  and  prosecute  the  same,  subject 

to  all  the  liabilities  as  though  he  or  she  had  commenced  such  suit. 

246.  Sec.  IV.     All  suits  instituted  as  herein  provided,  shall  be  tried  Trial  hcfor® 
by  a  special  Jury,  at  the  first  term  of  the  Court  to  which  the  same  ^^"^'^  *'"'^* 
may  be  returnable,  unless  continued  according  to  the  rules  and  prac- 
tice of  said  Court ;  and  that  final  judgment  shall  not  be  rendered, 

either  for  or  against  the  defendant,  until  there  shall  be  two  concurring  Twoconcur- 
verdicts,  as  incases  of  divorce,  according  to  the  laws  now  in  force  ;  ""^^®^  ^^ 
and  the  final  judgment  so  rendered,  shall  be  deemed  and  held  in  all 
the  Courts  of  this  State  as  conclusive  upon  the  rights  and  privile- 
ges of  said  defendant. 

247.  Sec.  Y.     On  the  trial  of  any  suit  hereafter  to  be  instituted  Third 

by  the  authority  of  this  Act,  it  shall  be  lawful  for  the  plaintiff  to  aKl,  7t^ 
prove  that  the  defendani  is  descended  from,  and  stands  in  the  third  de-  ofAfrfcin 
gree  or  generation  to  him  or  her  who  was  or  is  not  a  free  white  citi- ^J.^'^^'^^ '^^ 
zen  of  this  State,  or  of  any  other  State  whose  Constitution  and  Laws 
tolerate  involuntary  slavery,  or  that  said  defendant  has  one-eighth  of 
Negro  or  African  blood  in  his  or  her  veins. 


ART.  VII.    CLAIMS*   AND  FORTHCOMING  BONDS. 


Sec.  248.  Forthcoming  Bonds. 
•♦     2ii).  Claim ;  Oath  ;  Bond ;  Burden  of 

proof. 
"     250.  Withdrawal;  Appeal. 
«'     251.  Trial;  AVhen  ;  Whore. 
"    252.  Damages,  how  assessed. 


Sec.  253.  Forthcoming  Bonds. 
♦♦     25-1.  Rights  of  plaintilis. 
"     255.  Makuig  parties. 
"     256.  Claim  by  agent  or  attorney. 
"    257.  Forthcoming  Bonds. 


♦For  Acts  in  relation  to  claims  at  executor's  and  administrator's  sales,  see  tMh'^Ex-- 
ecutors,  Administrators,"  &c.  sees.  87,  88. 

In  relation  to  claims  to  estrays  levied  on.  see  title  •'  Estrays,"  sees.  25,  28. 

In  relation  to  claims  to  property  attached,  see  title  "  Attachment  and  Garaiishment," 
sees.  5,  6,  31,  32,  47,51. 

In  relation  to  claims  to  property  where  a  lien  is  sought  to  be  enforced,  see  Art.  XIY, 
"  Lien,"  sec.  324. 

In  relation  to  claims  by  one  partner,  see  Art.  XIX.  "Partners,"  &c.  sec.  425. 

In  relation  to  claims  to  property  levied  on  by  tax  fi.fa.    see  ''  Tax,"  sees.  45,  97. 


532      JUDICIARY.— Sup'r  and  Inf'r  C't^— Claims,  ^v.— 1811-'21. 

Forthcoming  Bond — Absignmeiit — Interposition  and  trial  of  a  Claim. 


An  Act  to  coTiipel  Co?'oners,  SIw7'iff's  and  Constables  to  receive  secu- 
rities on  certain  occasions  therein  expressed. — Approved  Dec.  16, 
1811.     Vol.  in.   139. 

Forthcoming      248.   Sec.   I.     In  all  cascs  where  a  levy  is  made  on  property  wliich 
times  the     is  claimed  by  a  third  person,  and  good  and  sufficient  security  is  ten- 
^t^Qbtf   dered  by  the  party  claiming  the  same,  it  shall  be  the  duty  of  such  Sher- 
iff, Constable  or  Coroner,  to  take  security  for  treble*  the  amount  of  the 
debt    on  which  such  execution  is  founded,  for  delivery  of  the  pro}> 
erty  so  levied  on,  at  the  time  of  sale,  (Provided,  the  property  so  levied 
on  should  be  found  subject  to  such  execution,^)  then  and  in  that  case, 
it  shall  be  the  duty  of  the  Sheriff,  Coroner  or  Constable,  to  leave  the 
and  the  pro-  same  in  the  possession  of  such  claimant,  and  in  case  the  said  claimant 
with  the      or  security  shall  fail  to  deliver  the  property  at  the  time  and   pla.ce  of 
Bond  assign  salc  agreeably  to  such  bond,  it  shall  be  the  duty  of  the  officer  taking 
pflLuff.'^^    the  same  to  transfer  such  bond  to  the  plaintiff  in  execution,*  and  said 
bond  shall  be  recoverable  in  any    Court  of  Law  cr  Equity  in  this 
State,  having  cognizance  thereof. 


An  Act  to  alter  and  amend  so  much  of  the  thirty- second  section  cf  the 

Judiciary,  passed  the  16th  of  February,  1799,+ a5  respects  Ciaims 
oj  Property  in  the  Superior  and  Inferior  Courts  of  this  State,— ^ 
This  Act  passed  Dec.  15,  1821.     Vol.  IV.  207. 

Prjambie.  '       Whereas,  various  constructions  have  been  given  in  the  different 

Courts  of  this  State,  as  it  regards  claims  of  propert^^  which  tend   to 

the  manifest  injury  of  the  community,  and  frequent] y  produced  not 

only  injustice  to  the  plaintiffs  in  execution,  but  evidently  to   oppiess 

and  harrass  them  by  delays  of  justice  ; 

ciajraant  249.   Sec.   I.     Be  it  therefore  e?iacted,  That  when  any  Sheriif  or 

S\oThe^  Coroner  shall  levy  an  execution^,  on  property  claimed  by  any  person 

SThc^oiTi-  ^^^  ^  party  to  said  execution,  such  person^  shall  make  oath    to    Efad 

cer  shall      prouertv,  and  it  shall  be  the  duty  of  such  Sheriff  or  Coroner  to  post-~ 

postpone  11  r  ■  r-      i  ■      t  -i         ^ 

sale.  If  it  pone  the  sale  or  luture  execution  of  the  judgment,  until  the  next 
prp'e'Vty,  term  of  the  Court  from  whence  said  execution  issued  :  Provided, 
returned  to  tlic  Said  executiou  is  or  should  be  levied  on  personal  property ;  but 
vTie?o"th?  should  said  execution  be  levied  on  real  property,  and  the  same  should 
land  lies.     \^q  claimed  in  manner  aforesaid,  then  and  in  that  case,  it  shall  be  the 

Cinini  tried 

at  first  term,  duty  of  the  officcr  making  the  levy  upon  real  property  to  report  the 

ciifcause.'  samc,  together  with  the  execution  and  claim,  to  the  next  term  of  the 

Superior  Court  of  the  County  in  which  the  land  so  levied  on  shall 

*By  Act  of  1841,  ses  257,  bond  must  he  in  double  tlie  value  of  the  propertj",  and  pay- 
able to  the  piaiiitiff. 

fThis  section  being  entirely  superseded,  is  omitted. 

JWheie  Justices'  Convtji.fa.  is  levied  on  slaves,  see  next  Act,  sec.  251. 

§His  agent  or  attorney ;  Act  of  1839,  sec.  253. 

(1.)  In.  an  action  on  a  forthcoming  bond,  it  is  not  necessary  to  prove  a  fcrsonal  d^ 
mand  of  the  property  at  the  time  and  place  of  sale.     6   Ga,  260. 


JUDICIARY.— Sup^R  AND  Inf'r  C'ts— Claims,  (JT.— 1821.  533 

Interposition  and  trial  of  a  claim, 

lie  ;  and  the  Court  to  which  such  claim  shall  be  reported,  shall  cause 
the  right  of  property  to  be  decided  on  by  a  Jury,  at  the  first  term,  un- 
less special  cause  be  shown  to  induce  said  Court  to  continue  the  case 
for  one  term,  and  no  lonsrer  :    Provided,   the    person  claiming  such  <^Jaim  bond 

,    .  °  1      11       •         1  1  1  oil         -zi?  m double  the 

property,  or  his  agent  or  attorney,  shalJ  give  bond  to  the    ohenrt   or  value  of  the 

Coroner,^  as  the  case  may  be,  Avith  good  and  sufficient  security,   in  avledoivcon- 

sum  equal  to  double  the  amount  of  the  property  leyied  on,  at  a  reas- *^"^'^"'^'^' ^*^ 

enable  valuation,  to  be  judged  of  by  the  levying  officer,  conditioned 

to  pay  the  plaintiff  all  damages  which  the  Jury  on  the    trial  of  the 

right  of  property  may  assess  against  him,  in  case    it  should  appear 

that  said  claim  was  made  for  the  purposes  of  delay  ;  and   every   Ju-  Juj?  s"'<^"» 

J-        J.  J     ^  J  -^Q  jTiVQ  not 

ror  on  the  trial  of  the  claim  of  property,  either  real  or  personal,  shall  less  than  lo 
be  sworn,  in  addition  to  the  oath  usually  administered,  to  give  such^'^'^*^*'"* 
damages,  not  less  than  ten  per  cent,"^   as  may    seem  reasonable  and  ^ 

just,  to  the  plaintiff  against  the  claimant,  incase  it  shall  be  sufficiently 
shown  that  said  claim  was  made  for  delay  only ;  and  it  shall  be  lawful 
for  such  Jury  to  give  verdict  in  manner  aforesaid,  by  virtue  whereof 
judgment  may  be  entered  up  against  such  claimant  and  his  security 
or  securities  for  the  damages  so  assessed  by  the  Jury,  and  the  costs  of  ,j.jig^yj.^gjj 
the  trial  of  the  right  of  property:  And  provided  a/so,  that  the  bur- of  proof  on 
Gi^'ci  ot  proof  shcdl  lie  upon  the  plaintiff  in  execution  in  cases  where  wiicnW 
the  property  levied  on  is,  at  the  time  of  such  levy,  not  in  the  pos- ?ouJfd  Tn  de- 
session  of  the  defendant  in  execution.  -  jSpSJn. 

250.   Sec.   II.     Whenever  such  claim  of  property  may    be    made  {^'^'^|';?^jj^^^  ^ 
in  terms  of  this  Act,  the  person  claiming  property  levied  on  and  re-firawnor 
turned  to  the  proper  Court  by  said  Sheriff  or  Coroner,  shall    not  be  uedmore 
permitted  to  withdraw  or  discontinue  his  said  claim,  more  than  once^  wuhoi^t^con- 
without  consent    and  approbation  of  the    plaintiff  in  execution,    or  Jf^l;^  "^p^^"*' 
some  person  duly  authorised   to    represent   such   plaintiff,    but    said 
Court  shall  proceed  to  the  trial  of  said  claim  of  property  in  manner 
aforesaid,  and  it  shall  be  the  dut}^  of  the  Jury  to  award  damages  ac- 
cordingly:  And  provided  fartlier,  that  either  party  who  may  be  dis- ^'J^<;^^pj^ 
satisfied  with  the  verdict  of  said  Jury,  may  enter  his,  her  or  their  ap- 
peal to  a  special  Jury  in  the  Superior  Court  of  the  County  where  said 
trial  shall  have  been  had,  which  appeal  shall  be    subject  to  the  same 
rules  and  regulations  as  govern  in  appeals  in  ordinary  cases. 

Sec.  III.  So  much  of  said  thirty-second  section  of  the  Judicia- 
ry Act  of  1799,  as  regards  claims  of  property,  which  may  militate 
against  this  Act,  is  hereby  repealed. 

*Forthe  form  of  oath,  see  '•'  Attachment,"  &:c.  sec.  35. 

For  mode  of  assessing  the  damage,  see  Act  of  1829,  sec.  252. 

(1.)  The  bond  should  be  payble  to  the  Sheriff.     5  Ga.  576. 

A  vendor's  lien  cannot  be  set  up  and  asserted  by  claim  to  land  levied  on.     8  Ga.  2-58. 

The  claimant  may  rent  or  hire  out  the  property  claimed.     8  Ga.  354 

(2.)  The  defendant  \\\fi.fa.  an  incompetent  viritness  for  claimant.    6  Ga.  365. 

The  plaintiff  va.Ji.fa.  on  the  trial  need  not  produce  the  judgment.     6  Ga.  410. 

Proof  of  possession  of  a  slave  of  same  name,  age  and  sex,  with  the  one  levied  on,  suffix 
CJent  to  change  omis.     6  Ga.  410. 

On  a  claim  to  a  negro  levied  on  by  judgment  quando,  proof  of  possession  by  intestate  at 
his  death,  and  that  possession  never  has  been  had  by  administrator,  removes  the  onxis.  7 
Ga.  194.  See  7  Ga.  495. 

(3.)  And  that  prior  to  an  appeal,  if  damages  have  been  given.    8  Ga.  184. 


534     JUDICIARY.— Sup'r  and  Inf'r  C'ts— Claims,  (^c— 1824-^29. 

Trial — Damasee — Rule  of  Assessment — Forthcominff  Bonds. 


Aji    Act  to  provide  for  the  trial  of  Claims  of  Slaves  levied  on  under 
Executlo7i. — Approved   Dec.  7,  1824.     Vol.  lY.  215. 

Claim  to  be     251.     Ill  all  cases  where  a  writ  of  execution  from  a  Justice's  Court 

fiiret  ferrnV  shall  liavc  bcen  levied  on  one   or  more  slaves,  and  a  claim  to  such 

a^dlnprc't  slaves  shall  have  been  interposed  according  to  the  laws  in   force  for 

ty-^fr^*^°  the  time  being,  such  execution  and  claim   shall   be  returned  to   the 

whence  cxe-  ncxt  term  of  the  Superior   or  Inferior   Court   whichever  may   first 

happen,  of  the    County  in  which  such   execution  was  issued,  and 

shall  be  there  tried  in  the  same  manner   as   other  claims   which  by 

law  are  or  shall  be  returnable  to  those  Courts  respectively.^ 


An  Act  to  define  and  maJce  certain  the  mode  of  assessing  Damages  upon 
the  trial  of  Claims  of  Property  in  the  Superior  and  Inferior  Courts  in 
this  >Sm/e.— Approved  Dec.   21,  1829.     Vol.  IV.  224. 

252.     Whereas,  doubts  have  been  entertained  whether  upon  the 
trial  of  claims   of  property,    damages  should  be   assessed  upon  the 
amount  of  the  execution,    or  the  value  of  the  property   claimed,  or 
upon  the  amount  of  the  claim-bond  ;  for  remedy  whereof, 
Damage?  on       Be  it  enacicd.  That    from  and  immediately  after  the  passage  of 
tobTa^sesT this  Act,  upou  claims  of  property  now  pending,  or  which   may  be 
*^'  hereafter  pending  in  the  Superior  or    Inferior  Courts  of  this    State, 

where  damages  shall  be  found  by  [the]  Jury,  the  said  damages  shall 
be  assessed  upon  the  whole  amount  then  due  upon  the  execution 
Proviso,  levied :  Provided,  the  value  of  the  property  in  dispute  exceeds 
the  amount  of  said  execution;  and  upon  the  value  of  the  prop- 
erty claimed  when  the  same  is  less  than  the  amount  of  the  execu- 
tion levied;  any  law,  usage  or  custom  to  the  contrary  notwithstand- 
ing. 


An  Act  to  make  valid  the  Bonds  taken  by  the  Sheriffs  oj  this  StaiCy 
and  their  Deputies,  Coroners  and  Constaljles  from  dejendants  in 
execution,  for  the  delivery  of  property  levied  on  by  them. — Approv- 
ed Dec.  21,  1829.     Vol.  IV.  409. 

Forthcoming     253.     From  and  after  the  passing  of  this  Act,  all  bonds  taken  by 

cra"ed  vaiic',  the  Shcriifs  of  this  State,  or  their  Deputies,  or  Coroners,    or  Consta- 

cJveTableTa^^^Sj  from  defendants  iu  execution,  for  the  delivery  of  property    on 

law,  &;c.      the  day  of  sale  or  at  any  other  time,  vx^hich  they  may  have  levied  on 

by  virtue  of  any^.  fa.  or  other  legal  process  from  any   Court,  be, 

and  the  same  are  hereby  declared  to  be  good  and  valid  in  Law,  and 

recoverable  in  any  Court  in  this  State   having  jurisdiction  thereof. 

(1.)  To  prove  payment  of  i\ie  Ji.  fa.  it  must  "be  to  plaintiff  ox  his  assi^ee.  6  Ga.  575. 
The  claimant  may  always  prove  it.  lb.  He  cannot  show  paramount  title  in  a  third 
person.    lb.    8  Ga.  656. 

He  may  show  the  mortgage  and  judgment  fraudulent  and  void.    7  <?a.  877. 


JUDICIARY.— Sup'r  and  Inf'r  GWs— -Claims,  (^-c— i836-'39.     535 

», r -.^ . r-, 

Death  of  pla'ntifF — Claims  by  Agent  or  Attorney 

254.  Sec.  II.     The  bonds  taken  in  conformity  with  the  first  sec- Not  to  preju- 
tion  of  this  Act  shall    in   no  case  prejndice  or  affect   the  rights  of  rights  of  tiic 
plaintiffs  in  execution,  but  shall  relate  to  and  have   effect  alone  be-  exewltkm.'" 
tween  the  Sheriffs,  their  Deputies,  the  Coroners,  and  the  Constables, 
and    defendants  by    whom   given ;    and  the  Sheriff  shall   in    [no] 
case  excuse  himself  for  not  having  made  the  money  on  any  execu- 
tion by  having  taken  such  bond,  but  shall  be  liable  to  be    ruled  as 
now  prescribed  by  law.* 


An  Act  to  ame?id  the  several  Acts  regulating  Attachments  in  this  State, 
and  to  regulate  'proceedings  in  certain  cases,  ichen  the  plaintiff  shall 
die  after  rendition  of  judgment. — Passed  Dec.  29,    1836.     Pam.  36. 

Secs.  I.  to  T.     [See  ^'Attachment  and  Garnishment,"  46  to  51.]  inaii  cases 
255.   Sec.  YI.     In  all  cases  where  any  claim  shall   be    interposed  ^^^J.^™;  Jjj* 
for  property  levied  on  by  virtue  of  a  fieri  facias,  from   any   of  the  J^^'^^iJ"'^" 
Courts  of  this  State,  and  pending  such  claim,  the  plaintiff  shall  die,  last suniv- 
it  shall  and  may  be  lawful  for  the  executor  or  executors,  administra-  SS^executki'n 
tx)r  or  administrators  of  such  deceased  plaintiff,  upon  motion,    in  the  JSues'Jn  * 
Court  where  such  claim  is  pending,  to    be  made  parties,   instanter,  ^"Jays''^"o. 
and  the  said  case  shall  proceed  without  further  delay  :  Provided,  the  tj<^?  ^o  the 
said  executors  or  administrators,  shall  produce  in  Court,  their  letters 
testamentary  or  of  administration  ;  and,  'provided,  they  shall  give  to 
the  claimant,  or  his  attorney,  twenty  days'  notice  of  the  said  intend- 
ed application  to  make  such  parties.     And  provided  always,  in  such 
cases,  where  there  are  more  than  one  plaintiff,  the  cause  shall  proceed 
in  the  name  of  the  survivor,  and  this  Act  shall  not  be  applicable,  ex- 
cept when  the  last  surviving  plaintiff  shall  die  while  such  claim  is 
pending. 

Sec.  VIL     All  laws  and  parts  of  laws  militating  against  this  Act, 
are  hereby  repealed. 


An  Act  to  amend  the  Claim  Laws  noio  in  force  in  this  State, — Assen- 
ted to  Dec  21,  1839.     Pam.   139. 

256.  Sec.  I.     Be  it  enacted.  That  upon   the  levy  of  any  execu- A^em or 

Attorn6y 

tion  hereafter  to  be  made,  upon  any  property,  whether   real  or  per- may  claim 
sonal,  it  shall  be  lawful  for  any  person  or  persons  desiring  to   claim 
the  same,  to  do  so  by  him,  her  or  themselves,  his,  her  or  their  agent 
or  attorney,  in  the  same  manner,  and  under  the  same  restrictions,  as 
Qj-e  provided  for  the  issuing  of  attachment. 

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

*See  sec.  257. 


636 


JUDICIARY— Sup'r  anp  Inf'r  C'ts— Coroners,  ^-c— 1823. 


Forthcoming  Bondtj — Calendar  Month — Coroners  and  Inquests. 


An  Act  to  be  entitled  an  Act  to    alter  and  atnend  the  Clairn  Laws  of 
this  State. — ^Assented  to  Dec.   li,  1841.     Pam.   128. 


Forthcoming  157.  Be  it  euacted,  That  in  all  cases  of  claim,  whether  the  levy 
the  value  cfbc  made  under  attachment  or  execution,  the  amount  of  any  bond 
^Tp^Jabie  given  for  the  forthcoming  of  the  property  levied  on  shall  be  in  doable 
(0  plaintiff.  ^YiQ  value  of  such  property,  to  be  estimated  by  the  levying  officer  ; 
and  all  such  bonds  shall  be  made  payable  to  the   plaintiff  in  attach- 


ment or  execution,  who  may  sue 
breach  of  the  condition  thereof. 


and  recover   on  the  same,  upon 


ART.  VIII.     COMPUTATION  OF  TIME. 


An  Act  to  alter  the  mode  of  computing  ti^ne  in  certain  ca3es.- 
sented  to  28th  Dec.  1838.     Pam.  70. 


-As- 


Month  to  be      258.  Sec.  I.     Be  it  enacted,  That  from  and  after  the  passage   of 
mSh^^      this  Act,  in  all  cases  whatsoever,  where  time  is  required  to  be  com- 
puted by  the  month  or  by  months,  the  computation  shall  be  by  the 
calendar  month  and  not  by  the  lunar  month  :  Provided  always,  that 
this  Act  shall  not  aifect  rights  or  interests  accrued  before  its  passage. 


IX.    COllONERS  AND  INQUESTS.* 


Sec.  259.  Coroner's  oath. 

"  2G0.  Deaths  m  prisons  and  elsewhere. 

*'  261.  Precept  for  Jury. 

«♦  262.  Execution  by  Bailiff. 

««  263.  Report  to  Inferior  Court. 

*♦  264,  Juror  faihng — Fine, 

♦'  265.  Verdict  by  majority. 

♦'  266.  Duty  and  powers  of  Jury, 

"  267.  Process  for  witnesses. 


Sec.  268.  Return  of  inquest. 

"  269.  Evidence  and  witnesses. 

"  270.  Neglect  of  duty— Fine, 

"  271.  Bond. 

"  272.  Fees. 

"  273.  Summons  of  Jury. 

•«  274.  Removal  of  Body. 

"  275.  Fees  of  Phvsician, 


An  Act  concerning  Coroners  and  Inquests. — Approved  Dec.  22, 1823, 

Vol.  IV.     404. 

fn)amWe.         Whereas,  much  inconvenience  is  now  felt  from  the  existing  laws 
on  the  subject  of  the  duties  and  powers  of  Coroners ; 

259.  Be  it  enacted,  That  from  and  immediately  after  the  passing 
of  this  Act,  every  person  who  shall  be  elected  to  the  office  of  Cor- 
oner shall,  before  he  enters  upon  the  execution  of  the  duties  of  his 
office,  take  the  following  oath  6r  affirmation,  to-wit :  I,  A  B,  Coro- 


*0n  inquests  over  slaves,  fees  to  be  paid  by  the  mafjter ;    see  title  "  Fees,"  sec.  34. 

This  is  not  a  proper  subdivision  under  the  title  "  Judiciary."  The  fact  that  Mr.  Prince 
placed  it  here  has  alone  controlled  the  compiler. 

Election  of  Coroners,  sec  *'  County  Officers,"  sec.  3. 

For  Act  declaring  in  what  newspaper  he  shall  advertise,  see  Art.  XVII.  "  Officers  of 
Court,"  sec.  388. 

As  to  duty  on  arrest  of  insolvent  debtors,  see  "  Insolvent  Debtors,"  sec.  14. 


JUDICIARY.— Sup'r  and  Inf^r  C ts— Coroners,  c^6-.— 1823.         537 

Oath  of  Coroner — Inquest — Jury — Precept. 

ner  of  tlio  County  of ,  do  solemnly  swear  or  affirm  (as  the  Every  per- 

case  may  be,)  that  I  will  well  and  truly  serve  the  State  of  Georgia lothooffico 
in  the  office  of  Coroner  of  said  County;  that  I  will,  to  the  utmost  of  ^han^^JJofg 
my  power,  faithfnliy  and  truly  execute,  or  cause  to  be  executed,  all  t^,"e^Ju"ff,J*^ 
writs  and  precepts  to  me  directed  and  which  shall  come  to  my  hands,  '^'^"ffic^ 
alid  will  laithiully  and  truly  return  the  same,  accordmg  to  the   best  Tho  oath, 
of  my  knowledge,  skill,  and  judgment ;  that  I  will  in  no  case  know- 
ingly use  or  exercise  the  said  office  illegally,  corruptly,  or  unjustly  ; 
that  I  will  neither  directly  or  indirectly,  by  any  means  or  device,  or 
ujider  any  color  or  pretence  whatsoever,  accept,  receive,  take,   use, 
or  enjoy,  or  consent  to  the  accepting,  using,  receiving,  taking,  or  en- 
j-oying  any  fee  or  reward  of  or  from  any  person  or  persons  whomso- 
ever, for  the  summoning,  empanelling,  or  returning   of  any  inquest, 
Jury,  or  tales  to  or  in  any  Court  for  this  State,  or  between  party  and 
party,  other  than  such  fees  or  rewards  as  are  or  shall  be  allowed  by 
law  for  the  same  ;  and  that  I  will  not  directly  or  indirectly  exact  or 
demand  any  manner  of  fee  or  reward  from  any  person  or  persons  for 
seTving,  executing,  or  returning  any  writ,  precept,  process,  execution, 
or  inquisition,  or  for  any  other  service  in  my  said  office,  other  than 
such  fees  or  rewards  as  are  or  shall  be  allowed  for  the  same  by  law, 
but  that  I  will  in  all  cases  and  things  touching  the  duties  of  the  said 
office  demean  myself  honestly,  fairly,  and  impartially,  according  to 
tlie  best  of  my  knowledge,  skill,  and  judgment. 

260.  Sec.  II.     Every  Coroner  shall,  upon  vie^  of  the  body,  take  7»  ta&o 
inquests  of  deaths  in  prisons,  provided  such  death  happened  sudden-  deaths  in 
ly  or  violently,  and  without  an  attending  physician,  unless  such  death  Kwhore. 
be  attended  by  suspicious  circumstances  ;  and  of  all  violent,  sudden,  ^'^^"*^- 
or  casual  deaths  within  his  County,  and  the  manner  of  such  deaths. 

261.  Sec.  III.     The  Coroner  as  soon  as  he  shall  have  notice,  orsJinii  mak® 
be  certified  of  any  death  as  aforesaid,  shall  make  out  a  precept  di-  unfi'e^  c\!n^* 
rectedto  any  Constable  of  the  County  where  the  dead  body  is  found  couiftyr'^'* 
or  lying,  requiring  him  to  summon  a  Jury  o[  inquest  composed  of  [^^^^^'J^^^^ 
good  and  lawful  men  from  the  Captain's  district  within  which  the  said  ">»"  »  -fwry 
body  may  be  reported  to  lie,  or  from  an   adjoining   district    of  said  SptaiiT'^ 
County,  if  necessary,  to  appear  before  him  at  the  time  and  place    in  wSVho 
such  precept  mentioned  and  contained,  which  precept  shall  be  in  form  uf/^^^^ 

follov/ing :  County,  towit :   The  State  of  Georgia  to  any  lawful  jppearwhen 

Constables  of ,  of  the  said  County.     You  are  required  immedi-  The  fonn  ot 

ately,  upon  sight  hereof,  to  summon good  and  lawful  men  from  ''"*'**  ^^^ 

— district,  or  an  adjoinmg  district  if  necessary,  of  the  County  of 

,  to  be  and  appear  before  me,  A  B,  the  Coroner  of  the  County 

aforesaid,  at ,  in  the  said  district  of  said  County,  on  the 


day  of ,  at  the  house  of ,  in  the  — noon  of  the  same  day, 

then  and  there  to  inquire  of,  do,  and  execute  all  such  things  as,  on 
behalf  of  the  State,  shall  be  given  them  in  charge,   touching   the 

death  of (or  a  person  unknown,  as  the  case  may  be,)  and  be 

you  then  and  there  to  certify  what  you  shall  have  done  in  the  prem- 
fees,  and  further  to  do  and  execute  what  in  behalf  of  the  said  State 
shall  be  then  and  there  enjoined  upon  you :  in  the  said  County,  this 

r day  of ,  in  the  year  of  our  Lord . 

262.  Sec  IV.     The  Constable  to  whom  such  precept   shall  be 


.   535         JUDICIARY.— Sup'r  and  Inf'r  C'ts— Coro7?cr.^,  <^r.— 1823. 

Verdict — Oath  of  Jury — Their  powers  and  duty. 

TTie  consta- directed  and  delivered  shall  forthwith  execute   the   same^   and  shall 
cJteh!^^'    repair  to  the  place  at  the  time  mentioned  therein,  and  make  return  of 

the  precept,  Avith  his  proceedings  thereon,  to  the  Coroner.*" 
orthecoro-      263.  Sec.  V.     It  sliah  be  the  duty  of  the  Coroner  to  certify  and 
iSfSiu^rS  return  every  Constable  who  shall  neglect  or  refuse  to  execute  the  ser- 
tbe Inf'r  c't.^j^gg  and  duties,  or  any  of  them,  by  this  Act  prescribed,  to  the  next 
Inferior  Court  to  be  held  in  and  for  the  County  :  viiich  Court,  un- 
less a  reasonable  excuse  be  offered,  shall  set  such  fine  upon  the  Con- 
stable offending  as  they  shall  think  fit  and  reasonablCj  not  exceeding 
fifty  dollars. 
A  Juror  fail-     264.   Sec.  YI.     When  any  Juror  shall  be  summoned  as  aforesaid 
irabf^to  be"  and  shall  fail  to  attend,  that  then  and  in  that  case  the  said  defaulting 
^^'^         Juror  shall  forfeit  and  pay  a  sum  not  exceeding  ten  dollars,  to  be  lev- 
ied by  execution  under  the  hand  and  seal  of  said  Coroner,   unless 
such  defaulting  Juror  shall  show  good  and  sufficient  cause  of  excuse 
within  ten  days  after  said  default,  to  be  made  on  oath   before  any 
Justice  of  the  Peace,  and  filed  in  the  office  of  the  Clerk  of  the  In- 
ferior Court,  the  merits  of  which  excuse  shall  be  determined  by  the 
next  Inferior  Court  thereafter. 
7  of  the  12        265.   Sec.  YII.     The  Cororner  shall  swear  or  affirm  twelve  of  the 
JiyTJtum  said  Jurors,  who  shall  appear,  seven  of  whom  shall  be  competent  to 
verdict.       retum  a  verdict ;  and  shall  administer  to  the  foreman  of  the  inquest 
an  oath  or  affirmation  upon  view  of  the  body,  in  form  following  : — 
The^fore-     You,  as  foreman  of  the  inquest,  shall  diligently  inquire  and  true  pre- 
iBjuiboa  .  ggj-^^j^gj^|-  n^ake,  on  behalf  of  the  State  of  Georgia,  how  and  in  what 

manner ,  or  a  person  deceased,  unknown,  as  the  case  may  be, 

here  lying  dead,  came  to  his  death,  and  of   such  other  matters  re- 
lating to  the  same  as  shall  be  lawfully  required  of  you,  according  to 
evidence  :  and  then  shall  swear  or  affirm,  by  three  at  a  time,  in  or- 
Tbe  Juror's  dcr,  the  rcst  of  the  Jurors  in  form  following :  Such  oath  or  affirma- 
tion as  the  foreman  of  this  inquest  hath  taken  on  his  part,  you  and  ev- 
ery of  you  shall  well  and  truly  observe  and  keep  on  your  part, 
men  the        266.  Sec.  YIII.     Wlicu  the  Jurors  are  sworn  or  affirmed,  as  afore- 
^'^rnj^the  ^  Said,  the  Coroner  shall  charge  them  on  their  oath  or   affii'mation   to 
qui?ed"o'^'  declare  if  the  death  of  the  person,  whether  he  or  she,  died  by  mur- 
chargethcra,  (jgp  manslaughter,  misadventure,  misfortune,  accident  or  otherwise  : 

pjid  to  what  /  o  J  J  '  _7 

points.  and  who,  and  when,  and  by  what  means,  and  in  what  manner ;  and 
tent  and  if  by  murdcr,  who  were  principals  and  who  were  accessaries  ;  and  if 
t'^7uo^^  by  manslaughter,  who  were  the  perpetrators  and  with  what  instru- 
prescnbed  in  meut  the  strokc  or  wound  was  in  either  case  given  ;    and  so  of  all 

The  investi-  o  j  a      J    T 

pations  they  prevailing  circumstances  which  may  come  by  presumption.  And  ii 
'by  misadventure,  misfortune,  accident  or  otherwise,  whether  by  the 
act  of  God  or  man ;  and  whether  by  hurt,  fall,  stroke,  drowning,  or 
in  any  other  way  ;  to  inquire  what  persons  were  present  at  the  deajth, 
from  whence  the  deceased  came,  and  who  he  or  she  was,  and  his  or 
her  parents,  relations,  or  neighbors ;  who  were  the  finders  of  tlie 
body  ;  whether  killed  in  the  same  place  where  he  or  she  was  f  Dund, 
or  if  elsewhere,  by  whom  and  how  he  or  she  was  brought  from 
thence,  and  of  all  circumstances  relating  to  the  said  death  ;    and  if 

*Coroner  may  Bummoa  the  Jurj  himself,  sec.  273. 


JUDICIARY.— Sup'r  and  Inf'r  C'Ts—Coro7iers,  6rc.—lS23.         539 

-I     tm  — .1 

Witnesses — Oath — Evidence — Coroner's  duty — Bond — Fees. 

■    *  —  -        I"  ■'  ■ 

he  or  she  died  in  prison,  whether  by  hard  usage  there  or  not,  and  if 
so,  how  and  by  whom;  and  if  he  or  she,  put  an  end  to  his  or  her 
own  Hfe,  then  to  inquire  of  the  manner,  means,  or  instrument,  aad  of 
all  circumstances  concerning  it. 

267.  Sec.  IX.     It  shall  be  lawful  for  every  Coroner  to  issue  pro- The  corcner 
cess  for  witnesses,  commanding  them  to  come  before  him  to  be  ex-  celsS'V.r*^ 
amined,  and  to  declare   their  knowledge   concerning  the    matter  n^  ^'''^'"®^^®^ 
question ;  and  the  said  Coroner  shall  administer  to  every  witness  an 

oath  or  affirmation,  in  form  following:  You  solemnly  swear  (or  af- Anoathtrhc 
firm)  that  the  evidence  which  you  shall  give  this  inquest,  on  behalf  t«the"wi:' 
of  the  State,  touching  the  deathof  C.  D.  (or  a  person  unknown,   as"^^**^^' 
the  case  is,)  shall  be  the  truth,  the  whole  truth,  and  nothing  but  the 
truth. 

268.  Sec.  X.  All  Coroners  shall  deliver  their  inquisitions  to  the  coronera  to 
next  Superior  Courts  of  their  respective  Counties,  and  the  said  Courts  inqSiJ^s' 
shall  proceed  thereon  against  the  offender.  f^^f,^  JJ^^^^^ 

269.  Sec  XL     Every  Coroner,  upon  any  inquisition  before  him  in  cases  of 
found,  whereby  any  person  or  persons  shall  be  indicted  of  murder  or  ire^JfiaTprt 
manslaughter,  or  as  accessary  or  accomplice  to  the  said  crime  of  mur-  !JJu^,f  oflhe 
der,  either  before  or  after  the  fact,  shall  put  in  writinar  the  effect  of  evidence  as 

.  .  Fhall  be  iBa- 

SO  much  of  the  evidence  given  to  the  Jury  before  him  as    shall   be  teriai,  and 
material ;  and  every  such  Coroner  is  hereby  authorized  and   requir-  nc"set  \^<i~ 
ed  to  bind  all  such  by  recognizance  as  do  declare  any  thing  material  {"oltTendiPt' 
to  prove  the  said  murder  or  manslaughter,  or  to  prove  any  person  or  ^^' 
persons  accessary  or  accessaries,  as  aforesaid,  to  the  said  murder,   to 
appear  at  the  next  Superior  Court  of  the    County   where    the    trial 
thereof  shall  be,  then  and  there  to  give  evidence  against  such  offen- 
der or  offenders  at  the  time  of  his,  her,  or  their  trial ;  and  shall  cer- 
tify as  well  as  the  same  evidence  as    such  recognisance  or  recogni° 
sances  in  writing  as  he  shall  take,'  together  with  the  inquisition  be- 
fore him  taken,  and  forward  to  the  said  Superior  Court  at  or  before 
the  time  of  the  trial  of  the  party  or  parties  indicted. 

270.  Sec,  XII.     If  any  Coroner  be  remiss,  and  do  not  take    in-ACoroncr 
quisition  as  aforesaid,  or  do  not  certify  as  is  before  directed,  or  shall  hhf duty  ^ 
offend  in  anything  contrary  to  the  true  intent  and  meaning  of  this  ^^l^be 
Act,  the  Superior  Court  of  the  County  where  such  offence   shall  be^"^'^''^*^ 
committed,  upon  due  proof  thereof,  by  examination  before   them, 

shall  for  every  such  offence  set  such  fine  upon  the  said  Coroner  as 
the  said  Court  shall  think  fit  and  reasonable,  not  exceeding  $500. 

271.  Sec  XIII.     The  said  Coroner  shall,  before  entering  on  the  Thecomner 
duties  of  his  office,  give  bond  and  security  as  is  prescribed  in    the  ari'Iec^il'd^' 
case  of  Sheriffs,  in  the  sum  of  $500,  except  in   the   Counties   of^"r,55f '^^''^ 
Chatham  and  Richmond,  where  the  penalty  of  said  bonds  shall   be  Exception. 
$2,000 

272.  Sec  XIV.     The  Coroner  and  Constable  serving  the  process  Fe«8. 
shall  each  receive,  in  addition  to  the  fees  now  prescribed  by  law,  the 
sum  of  fifty  cents  on  each  execution  collected  ;    and  that  the  Con- 
stable summoning  the  Jury  shall  receive  the  sum  of  one  dollar. 

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


540 


JUDICIARY. — Sup'r  and  Inf'r  C'ts — Corjjoi^ations — 1810. 


Jury — liemoving  Body — Fees  of  Physician  and  Surgeori.— Corporations. 


An  Act  to  amend  an  Act  entitled  an  Act  concerning  Coroners  and 
Inquests,  passed  Dec.  22d,  1823. — Approved  Feb.  21,  1850.  Pam. 
123. 


ccronormay  273.  Sec.  I.  Be  it  enacted^  That  from  and  immediately  after 
Simmon  '^  ^Y\Q  passage  of  this  Act,  it  shall  be  lawful  for  the  Coroners  of  the  sev- 
eral Counties  of  this  State  to  summon  the  Jury  or  any  part  thereof 
himself,  if  the  services  of  a  Constable  cannot  be  conveniently  ob- 
tained. 
Bodym?.ybe  274.  Sec.  2.  When  it  shall  so  happen  that  a  body  lies  in  an  in- 
convenient place,  it  shall  be  lawful  for  the  Coroner  to  remove  the 
body  to  a  place  more  convenient  to  hold  the  inquest. 

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


removed. 


An  Act  to  compensate  Physicians  and  Surgeons  who  shall  be  sum- 
moned  by  the  Sheriff  or  Coroner  of  the  Count ii  to  make  post  mor- 
tem, examinations  for  the  inforinaiion  of  Juries  of  inquest. — Ap- 
proved Feb.  23d,  'lS50.     Pam.  335. 

fvef?  of  275.   Sec.  I.     Be  it  enacted,  That   from  and  after  the  passage  of 

iSf  suJgeon  this  Act,  it  sliall  be  lawful  for  every  physician  and  surgeon  who  shall 
tl^J^^'amil'^  ^6  summoned  by  the  Sheriff  or  Coroner  of  the  County  to  make  post 
nations.  moitem  examinations  for  the  information  of  Juries  of  inquest,  to 
charge  and  receive  from  the  Treasurer  of  the  County  the  sums  [fol- 
lowing,] to  wit :  For  each  post  mortem  examination,  where  death  has 
resulted  from  external  violence,  v\^here  no  dissection  is  required,  the 
sum  often  dollars  ;  for  the  same,  where  dissection  is  necessary,  and 
where  no  interment  of  the  body  has  been  made,  twenty  dollars;  for 
the  same,  after  one  or  more  days'  of  interment,  thirty  dollars ;  for  the 
same,  where  any  chemical  analysis  is  required,  the  sum  of  fifty  dollars, 
and  the  expense  of  such  analysis  :  Provided,  That  the  compensation 
allowed  in  this  Act  shall  not  extend  to  more  than  one  physician  for 
each  post  mortem  examination. 


ART.  X.  CORPORATIONS.* 


Sec.  276.  Notice  of  Suit.' 
'•     277.  Judgment  and  execution. 
"     278.  President  to  furnish  List. 
«•  ,  279.  On  failure— Penalty. 
««     280.  Defence  by  Stockholder. 
'  •     281.  Affidavit  of  lUegality. 
«*     2S2.  Remedy — Cumulative. 


Sec.  283.  Petition  for  Incorporation. 
•'     28i.  Powers  granted. 
•'     285.  Limitation  14  years. 
"     286.  Change  of  Names. 
"     287.  Fees  of  Clerk. 
'<     288.  Extended  to  all  CorporationB, 


*For  mode  of  service  on  Corporations,  see  Art.  III.  •'  Action,"  ♦*  Commencement,  &c," 
8ec.  80  of  this  title. 

For  various  Acts  in  relation  to  Raikoad,  Steamboat,  Turnpike  and  Plankroad  Compa- 
nies, see  title  "Internal  Transportation,"  sec.  118. 

For  Acts  in  relation  to  "  Joint  Stock  Companiea,"  see  that  title,  sec.  1,  15. 


JUDICIARY.—Sup'r  and  Inf'r  C'ts— Corporations— 18il.        oil 

Service  on  Stocldiolders — Judgment — Execution — Duty  of  Pres't — Defence — lilogality. 

An  Act  to  facilitate  the  collection  of  debts  against  Incorporations  and 
the  stockholders  thereof. — Assented  to  Dec.  10,  1841.     Pam.  130. 

276.  Sec.  I.  Be  it  C7iacted,  That  it  shall  and  may  be  lawful  forv/e(^kiy  no. 
plaintiffs  or  complainants,  within  one  month  after  the  institution  of  ^jfJ^^^'J  J^*^"^ 
any  suit  or  suits  at  Law  or  Equity  against  any  incorporation,  joint  f^'^^isainsj 
stock  or  manufacturing  Company,  to  publish  once  a  week  for  four  shaii  be  nt- 
successive  weeks,  in  some  public  gazette  of  this  State,  notice  of  the  stockholder- 
commencement  of  said  suit  or  suits,  and  said  publication  shall  ope- 
rate as  notice  to  each  stockholder  in  said  incorporation,  joint  stock, 

or  manufacturing  company,  for  the  purposes  hereinafter  mentioned. 

277.  Sec.  II.  When  notice  has  been  given  as  aforesaid,  and  a  when  jndj^ 
judgment  or  decree  has  been  obtained  against  any  incorporation,  derS'Mo"' 
joint  stock  or  manufacturing  company,  where  the  individual  or  pri- fg^^ue"  jk!.^ * 
vate  property  of  the  stockholders  is  bound  for  the  payment  of  the  «g^'"^t  the 

11  fill  r        •  1  •  -iii/^         Companyj 

whole  or  any  part  oi  the  debts  oi  said  company,  execution  shall  first 
issue  against  the  goods  and  chattels,  lands  and  tenements  of  said  com- 
pany ;  and  upon  the  return  thereof  by  the  proper  officer,  with  the  upon  rctum 
entry  '^  no  corporate  property  to  be   found,"   endorsed  thereon,  that  JJ^erution'^ 
then  and  in  that  case  it  shall  be  the  duty  of  the  Clerk  or  other  offi-^"''V\'^'\''^** 
cer,  upon  application  oi  the  piaintin,  his  agent,  or  attorney,  accompa- 
nied with  a  certificate,  as  hereinafter  directed  to  be  obtained,  forth- 
with to  issue  an  execution  against  each  of  the  said  stockholders  (if 
required)  for  their  rateable  part  of  the  said  debt  and  costs  of  suit,  in 
proportion  to  their  respective  shares  or  other  liabilities  under  tiieir 
charter  of  incoporation. 

278.  Sec.  HI.     It  shall  be  the  duty  of  the  president,  or  presiding  president 
officer,  by  whatever  name  he  may  be  designated,  upon  application  of  S/lSth** 
the  plaintiif,  his  agent  or  attorney,  forthwith  to  give  a  certificate  i^jn-^^'^"^J|!]^^''*^^ 
der  Oath  of  the  names  of  the  stockholders    in    said   company,  and '"liters  and 
the  number  of  shares  owned  by  each  at  the  time  of  the  rendition  of  cfHiir-^s^"^ 
judgment  against  said  company.  ^^^"^^^  ^^ 

279.  Sec.  lY.  If  upon  application  by  the  plaintiff,  his  agent,  or  upon  failure 
attorney,  to  the  president  or  presiding  officer  as  aforesaid,  he  shall  re-  fs'rJ'agaiaS 
fuse  to  give  a  certificate  as  aforesaid,  or  shall  abscond  or  conceal  him-  **""* 

self  to  avoid  giving  the  same,  and  oath  being  made  by  the  plaintiff, 
his  agent  or  attorney,  of  said  refusal,  the  Clerk  or  other  officer  is  here- 
by required  to  issue  execution  against  said  president  or  presiding  of- 
ficer as  aforesaid,  for  the  amount  of  principal,  interest  and  cost  of  said 
suit. 

280.  Sec.   V.     If  the  president,  directors,  or  other  officers  of  said  Jf  the  com - 
company  shall  fail  or  refuse  to  defend  said  suit  or  suits,  brought  as  den^d^'^laSt 
aforesaid,  any  one  or  more  of  the  stockholders  of  said  company ,  shall  Ser  ?naV. 
lie  permitted  by  the  Court,  before  which  said  suit  or  suits  is  pending, 

to  plead  to  and  defend  the  same,  in  as  full  and  ample  a  manner  as 
said  company  in  its  corporate  character  could  plead  to  and  defend  the 
same. 

281.  Sec.  VI.     The  defendant  or  defendants  in  execution,  under  Affidavit  of 
the  provisions  of  this  Act,  shall  be  entitled  to  an  illegality,  under  the  "'*'S*i*ty.j 
same  rules,  regulations  and  restrictions  as  defendants  are  in  other  cas- 
es under  the  existing  laws  of  this  State. 


542         JUDICIARY.— Sup^R  and  Inf'r  C'ls-^CorporaHoiis—lSiS. 

ilode  of  creating  certain  Corporations  and  changing  names. 

This  remedy      2S2.   Sec.  VII.     This  Statute  shiill  be  understood  and  construed 
cuoij  dtive.  ^^  cumulative  of  the  Common  Law  ;  and  that  all  laws  and  pai'ts  of 

laws  militating  against  the  same,  and  this  construction  thereof,  be, 

and  the  same  are  hereby  repealed. 


An,  Ad  to  iioint  out  the  manner  of  creating  certain  Corporatiojis*  to 
defjie  their  rights  and  privileges  ^  and  to  provide  a  mode  of  changing 
the  names  oj  individuals. — Assented  to  Dec.  28,  1843.     Pam.  108. 

Petition  to       283.   Sec.  I.     Beit  enacted.  That  when  the  persons  interested 
oSitu^  ""shall   desire  to  have  any  church,  camp-ground,  academy,   school, 
volunteer,  military  company,  manufacturing  company,  trading  com- 
pany, ice  company,  fire  company,  theatre  company,  or  hotel  compa- 
ny, bridge  and  ferry  companyf  incorporated,  they  shall  petition  in 
v/riting  Vn.Q  Superior  or  Inferior  Court  of  the  County  where  such  as- 
Objectofthesociation  may  have  been  formed,  or  may  desire  to  transact  business 
a:,t*ociauon.  £^^.  ^|^,^^^  purposc.  Setting  forth  the  object  of  their  association  and  the 
Name  and  privilege  they  desire  to  exercise,  together  with  the  name  and  style 
*^'®  by  which  they  desire  to  be  incorporated,  and  said  Court  shall  pass  a 

rule  or  order  directing  said  petition  to  be  entered  of  record  on  the 
minutes  of  said  Court, 
powersof        284.  Sec.  II.     When  such  rule  or  order  is  passed,  and  said  peti- 
rSoS'^^*^  tion  is  entered  of  record,  the  said  companies  or  associations  shall 
have  power  respectively,  under  and  by  the  name  designated  in  their 
petition,  to  have  and  use  a  common  seal,  to  contract  and  be  contract- 
ed with,  to  sue  and  be  sued,  to  answer  and  be  answered  unto,  in  any 
Court  of  Law  or  Equity,  to  appoint  such  officers  as  they  may  deem 
necessary,  and  to  make  such  rules  and  regulations  as  they  may  think 
proper  for  their  own  government,  not  contrary  to  the  laws   of  this 
State  ;  but  shall  make  no  contracts  or  purshase,  or  hold  any  property 
of  any  kind,  except  such  as  may  be  absolutely  necessary  to  carry  in- 
No  banking  to  cfFect  the  objcct  of  their  incorporation.     Nothing  herein  contain- 
pr^lifeges^^  cd  shall  be  SO  construcd  as  to  confer  banking  or  insurance  privileges 
Stockholders  ou  any  compauy  or  association  herein  enumerated  ;  and  the  individ- 
partneS      ^'^^  members  of  such  manufacturing,  trading,  theatre,  ice,  and  hotel 
companies,  shall  be  bound  for  the  eventual  payment  of  all  the  con- 
tracts of  said  companies  as  in  case  of  partnership. 
Nocharter        285.  Sec.  III.     No  compauy  or  association  shall  be  incorporated 
tjnn  ily^s,  ^^inder  this  Act  for  a  longer  period  than  fourteen  years,  but  the  same 
rsaawYd.^^  may  be  renewed  whenever  necessary,  according  to  the  provisions  of 

the  first  section  of  this  Act. 
TheSupTor  286.  Sec.  IV.  The  said  Superior  or  Inferior  Court  shall  have 
ma^change  powcr  and  authority,  upon  petition  in  writing,  to  change  the  name 
of  any  individuals,  by  rule  or  order,  for  that  purpose :  Provided,  such 
individual  shall  have  resided  in  the  County  where  his  or  her  appli- 
cation is  made  for  at  least  one  year  previous  thereto,  and  shall  give 


DJtraos. 


'    *  For  Act  of  1847,  in  relation  to  Manufacturing  Companies,  see  title   "Joint  Stock 
Companies,"  sec.  15. 

tE-itencled  to  all  Associations,  by  Act  of  lS-i5,  sec.  288, 


JUDICIARY.—Sup'r  and  Inf'r  C'ts— Habeas  Corpus— 1799.       543 

Fees — Evidence — Liability  of  Stockholders — Habeas  Corpus. 

at  least  three  months'  prior  notice  in  one  of  the  nearest  newspapers,  Residence 
and  at  the   Courthouse  door  of  said  County,  of  the  intended  applica- ^"'^  "^"'^^* 
lion. 

287.  Sec.  Y.  For  entering  any  of  said  petitions  and  orders  on  the  Feee  of  ci'k. 
minutes  of  the  Court,  and  lurnishing  a  certified  copy  thereof,  the 
Clerk  shall  be  entitled  to  a  fee  of  five  dollars,  except  in  cases  of  ap- 
plication by  individuals,  for  the  change  of  names,  in  which  case  the 
Clerk  of  said  Court  shall  be  entitled  to  the  fee  of  one  dollar,  and  that 
siich  certified  copy  shall  be  evidence  of  the  matters  therein  stated  in  cortified 
any  Court  of  Law  or  Equity  in  this  State.  dence?^*' 

Sec.  VI.     All  laws  or  parts   of  laws  militating  against  this  Act, 
1X3  and  the  same  are  hereby  repealed. 


An  Act  to  extend  the  provisions  of  the  Act  passed  on  the  twenty-eighth 
day  of  Dec.  1843,  entitled  an  Act  to  point  out  the  manner  of  crent- 
ing  certain  Corporations^  to  define  their  rights  and  privileges^  and  to 
provide  a  mode  of  changing  the  names  of  individuals. — Approved 
Dec.  29,1845.     Pam.  18. 

288.  Sec.  I.     Be  it  enacted,  That  the  provisions  of  said  Act,  so  Provision5»of 
far  as  the  same  relates  to  corporations^  be  and  the  same  are  hereby  ex-  tHeiiilTxo 
tended  to  all  associations  and  companies  whatsoever,  except  banks  f^^l^^^^' 
and  insurance  companies,  and  that  the  individual  members  of  such 
associations  and  companies,  Avhen  incorporated  under  said  Act  or  un- 
der this  Act,  shall  be  liable,  as  therein  specified,  for  the  contracts  of  Liability  of 
said  associations  or  companies,  whenever  any  such  associations  or  stocxhoidera 
companies  are  incorporated  for  the  purpose  of  trading  or  transacting 
business  for  profit. 


ART.    XL    HABEAS   CORPUS.* 

Sec.  290.  Jurisdiction  over.  Sec.  292.  Jail  fees  not  paid. 

*■*     291.  Majority  of  Inferior  Court. 

Judiciary  Act  of  1799.— -Vol.  I.  292. 

290.  Sec.  VII.     The  Judges  of  the  Superior  Courts,  or  any  one  writof  ha- 
of  them,  and  the  Justices  of  the  Inferior  Courts  or  any  of  themf  [^'^^^ '^^'^^'^^' 
the  absence  of  the  Judges  of  the  Superior  Courts,  shall  have  power 
to  issue  writs  of  habeas  corpus  ;  and  in  all  cases  to  discharge,  admit 
to  bail,  or  remand  to  jail,  any  prisoner,  according  to  their   discretion 
and  the  law  of  the  land ;  Provided,  that  in   all  cases   of  a  capital 

♦See  "  Appendix,"  as  to  the  ^vrit  of  Habeas  Corpus,  and  for  Statute,    29  Car.  11. 

Prisoners  shall  not  be  discharged  on  Habeas  Corpus  for  a  defect  in  the  mittimus ;  see 
«♦  Penal  Laws,"  sec.  391. 

For  Act  requiring  Judge  to  write  out  his  decision  on,  see  Art.  HI.  subdivision,  "New 
Trials," 

As  to  custody  of  cliildi-en,  sec  "  E2i:ecutors,  Administrators,"  &c.  sec.  149. 

t-"5ee  next  Act, 


544      JUDICIARY.— Sup'r  and  Inf'r  C'ts— Habeas  Corpus— 1S22. 

Habeas  Corpus — Jail  fees  not  pfiid,  deiendant  discharged. 

Proceedings  nature  wliere  a  writ  of  habeas  corpus  shall  be  issued  by  a  Justice  of 
erton.  ^^^  Inferior  Court,  it  shall  be  necessary  that  one  or  more  of  the  Jus- 
tices of  such  Inferior  Court  shall  associate  with  the  Justice  granting 
the  same,  at  the  return  thereof,  and  a  majority  of  such  Justices  shall 
concur  in  opinion  on  any  decision  or  order  aforesaid  ;  and  it  shall 
be  the  duty  of  such  Justices  to  attend,  on  one  day's  notice  being 
given  of  the  time  and  place  of  the  return  of  such  writ. 


An  Act  to  amend  the  seventh  section  of  an  Act,  entitled  aii  Act  to 
amend  an  Act,  entitled  an  Act  to  revise  and  amend  the  Judiciarij 
System  of  this  State, passed  the  16th  day  of  Pchruary,  1799;  and 
to  provide  for  opening  and  adjourning  the  several  Courts  of  Or- 
dinary in  this  State  in  certain  cases. — Approved  Dec.  20,  1S23. 
Vol.  lY.  211. 

Majority  of  291.  From  and  after  the  passage  of  this  Act,  it  shall  not  be  \iw- 
cflhe^inPr  ful  for  any  one  or  more  of  the  Justices  of  the  Inferior  Courts  of  this 
S'to"actrn  State  to  discharge  or  admit  to  bail  any  person  under  a  writ  of  habeas 
beaawrpue.'  corpus,  uulcss  a  majority  of  the  Justices  of  .said  Court  shall  concur 
in  opinion. 

Ssc.  II.      [See  '^  Executors,  Administrators,"  &;c.   sec.  12.] 


An  Act  to  authorize  a7id  empower  the  Justices  of  the  Inferior  Courts 
of  this  State  to  discharge  Criminals  or  Offendet^s  against  the 
Law  f -am  Jail  m  certain  cases,  and  also  to  discJiarge  defendants 
in  certain  Civil  cases. — Approved  Dec.  29,  1847.     Pam.     196. 

Sec.  I.     [See  ^^  Penal  Laws,"  sec.  415.] 
jaji»fee3  not      292.   Sec.  II.     If  any  person  or   persons  be    imprisoned    in  the 
arA^dit^'^"^  common  Jail  of  any  County  in  this  State,  on  a  mesne  or  fmal   pro- 
diarged.      ^,ggg  ^^^  debt,  if  the  plaintiff  in  suit  or  execution,  his  agent  or  attor- 
ney, does  not  pay  up,  at  the  end  of  each   and  every  week,   the   Jail 
fees  which  have  accrued,  then  and   in  that  case    the  Inferior   Court 
may,  and  they  are  hereby  authorized  to  discharge  the  defendant  or 
defendants  by  writ  of  habeas  corpus.*^ 

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

♦Same  provision  substantially,  Act  of  1803,  **  Insolvent  Debtors,"  sec.  7.  See  also, 
sec.  94,  this  title,  Art.  III.  subdivision,  "Bail,"  where  prisoner  is  carried  to  Jail  of  an 
adjoining  Couiity. 

SSee  also,  "  Insolvent  Debtors,"  sec.  37. 

-     (1.)  If  the  Court  en-s  in  ite  judgment,  the  SherllT  is  protected.    7  Ga.  419. 


JUDICIARY.--Sup'r  and  Inf'r  CWs^Jurics— 1790. 


54; 


Joint  Tenants — Survivorship  abolished — Jviries. 


ART.  XII.    JOINT  TENANTS. 

An  Act  to  abolish  the  Right  of  Survivorsliip  in  Joint    Tenants  in 
this  >S'^a^e.— Approved  Dec.  17,  1828.     Vol.  IV.  222. 

Whereas^  it  is  doubtful  whether  the  right  of  survivorship,  as  un-rreambie, 
der  the  English    law,  does  not  still  exist  in  this  State,  in  all  estates 
of  joint  tenancy ; 

293.     Be  it  enacted,  That  from  and  after  the  passage  of  this  Act,  survivorPh.> 
when  two  or  more  persons  shall  hold  and  possess  any  estate   of  lands  m"  en  luint 
in  joint  tenancy  in  this  State^  and  one  or  more  of  said  joint  tenants  ^^"'^"^ 
may  depart  this  life  during  the  existence    of  said  estate,  the  title  or 
interest  of  the  deceased  joint  tenant  in  said  estate  shall  not  go    and 
become  the    property  of  the  surviving  joint   tenant   or  tenants,  as 
under  the  English  law,  but  that  the  same  shall  be  distributed  as  all 
other  estates  are,  under  the   existing  laws  of  this  State. 

All  laws  and  parts  of  laws,  militating  against  this  Act,  are  hereby 
repealed. 


ART.  Xni.    JURIES.* 


Sec.  294.  Petit  Jurors — qualification. 

"  295.  Selection  of  Petit  Jury. 

•♦  296.  Drawing  of  Juries. 

*•  297*.  Number  of  Grand  Jurors,  &c. 

««  298.  Precept. 

•'  299.  Summons — Time. 

«'  300.  Defaulting  Jurors. 

♦'  301.  Petit  Jurors— Oath. 

'»  302.  Special  Juries  for  new  trials. 

*'  303.  Selection  of  Grand  Jurors. 

"  304,  Judge  to  draw. 

"  30<5.  Coiu't  failing,  Juries  stand. 


►Sec.  303.  Clergymen  excused. 

"  307.  Special  Juries  ;    striking. 

«  308.  Their  oath. 

"  309.  Grand  Juror's  oath. 

**  310.  Drawmg  by  Inferior  Court. 

"  311.  Juries  for  Inferior  Court. 

*'  312.  Drawn  at  any  time. 

•*  313.  Oath  of  Grand  Juror   explained. 

"  314.  Bailiff's  oath. 

"  315.  Food,  &c.  for  Juries. 

"  310.  Bailiff's  fee. 

"  317.  Justice.^  Inferior  Court  exempt. 


Judiciary  Act  of  1799.     Vol.  I.  292.— [For  title,   see    sec.  37.] 

294.  Sec.  XXXVIII.      The  Clerks  of  the   Superior  Courts  of  r.ist  of  tux 
the    respective    Counties,  shall  procure    from  the   tax   collector    of^*^""^ 
such  County,  and  furnish  to  the  Court,   (within  two  months,)  a  list 
of  persons  liable  and  qualified   to  serve  as    Grand  and  Petit   Jurors 
agreeable  to  the   qualifications  hereinalter  prescribed,!  and  all  free  ciuaiifica- 


rors. 


*See  preamble  to  Act  of  1823,  sec.  139  of  this  title,  as  to  policy  of  this  Goyernment 
in  rclalion  to  Trial  by  Jury. 

As  to  Jury  trial  in  Equity  cases,  see  note  to  section  151,  of  this  title. 

As  to  Jury  in  Divorce  cases,  sec  title  "  Divorce,"  sec.  13. 

As  to  Jury  in  Criminal  cases,  see  "Penal  Laws." 

As  to  Judge's  charge  on  the  facts,  see  Art.  I.  "  Judges,  Sessions,"  &c.  sec.  47  of  this 
title. 

fThe  first  clause  of  this  section,  and  the  whole  of  sections  XXXIX.  and  XL.  are 
omitted  by  Mr.  Prince  as  being  superseded  by  Act  of  1805,  prescribiag  the  mode  of 
selecting  Grand  Jurors  ;  see  also  decision  of  Supreme  Court  referred  to  below.  But 
as  that  Act  is  silent  as  to  the  number  and  mode  of  drawing  Petit  Jurors,  the  compiler 
at  the  suggestion  of  several  legal  friends,  inserts  the  Act  of  1799,  on  thtJ  subject  of  Ja- 
lies,  in  full. 

69 


546  JUDICIARY.— Sup'r  and  Inf'r  C'ts— Juries— 1799. 

Mode  of  selecting  and  dra'W'ing  Juries. 

male  white  citizens  above  the  age  of  twenty-one  years,  and  under 
sixty  years.*  are  declared  to  be  qualified  and  liable  to  serve  as  Petit 
Jurors  for  the  trial  of  all  civil  causes  for  recovery  of  debts  or  dama- 
ges, to  any  amount  whatsoever ;  but  no  person  shall  be  capable  to 
be  of  a  Jury  for  the  trial  of  treason,  felony,  breach  of  the  peace,  or 
any  other  cause  of  a  criminal  nature,  or  of  any  estate  of  freehold, 
or  of  the  right  or  title  to  any  lands  or  tenements,  in  any  Court  of 
record  within  this  State,  who  shall  not  be  qualified  to  vote  at  elec- 
tions for  members  of  the  Legislature  ;  and  if  any  person  not  quali- 
fied as  aforesaid,  shall  be  returned  on  any  Jury,  he  shall  be  discharg- 
ed on  the  challenge  and  proof  thereof,  of  either  of  the  parties  to  such 
xochaUengegy^t  or  ou  his  owu  oath,  of  the  truth  thereof:  Provided,  that  no  ex- 

atlowed  at-  '  '  />   i   •  r« 

ter  Juror  is  ccptiou  apfaiust  auv  Juror,  on  account  of  his  qualification,   shall   be 

allowed  alter  he  is  sworn. -^ 
.Aiodeof  se-  295.  Sec.  XXXIX.  The  Clerks  of  the  several  Courts  are  re- 
lecting  Ju.  q^^j,g(j  ^j^  presence,  or  under  the  direction  of  the  Judge  or  Judges 
of  such  Comt,  to  regulate  and  correct  the  several  Jury  lists  annually, 
by  particularly  specifying  in  distinct  columns,  the  persons  most  able, 
discreet  and  qualified,  as  herein  mentioned,  to  serve  as  Grand  Ju- 
rors ;  which  list  so  corrected,  shall  be  committed  to  the  safe-keeping 
of  the  Clerks  of  such  Courts  respectively ;  and  the  Clerks  of  such 
Courts  shall  immediately  after  receiving  such  lists,  fairly  enter  the 
same  in  a  book  for  that  pLirpose,  to  be  provided  by  such  Clerk  (at  his 
own  expense,)  distinguishing  in  separate  columns,  the  persons  select- 
ed to  serve  as  Grand  Jurors,  and  those  for  the  trial  of  civil  and  crim- 
inal causes  as  aforesaid  ;  and  the  names  of  the  persons  so  selected, 
shall  be  written  on  separate  pieces  of  paper  and  put  into  the  differ- 
ent apartments  of  a  Jury  box,  to  be  provided  by  the  Clerk,  at  the 
public  expense,  in  the  construction  and  manner  hereinafter  prescri- 
bed, to-wit :  there  shall  be  an  apartment  in  the  said  Jury  box  mark- 
ed No.  1,  in  which  shall  be  placed  the  names  of  all  the  persons  se- 
lected to  serve  as  Grand  Jurors,  and  another  apartment  marked  No. 
2,  into  which  shall  be  placed  the  names  of  all  persons  selected  for 
the  trial  of  civil  and  criminal  causes  as  aforesaid  ;  which  box  shall 
be  kept  locked,  and  no  Jury  shall  be  drawn  or  impanneled,  but  in  the 
presence  of  one  or  more  of  the  Judges  and  Clerk  of  the  Court ;  nor 
shall  any  Clerk  of  the  Court  or  other  person  having  the  custody  of 
jthe  Jury  box,  presume,  on  any  pretence  whatsoever,  to  open  the  said 
JTjiry  box,  transpose  or  alter  the  names,  except  it  be  in  the  presence 
"-pf  the  Judge  or  Justices  officially  attending  for  the  purpose  of  draw- 
^jno- Jurors,  or  correcting  the  list,  under  penalty  of  being  dealt  with 
in  .'the  manner  herein  pointed  out  for  malpractice  in  office. f 
Medeof  ^^1.   Sec  XL.     The  said  Judge  or  Justices  and  Clerk  of  the 

drawing.     (Jq^i^  ^or   pcrson   having  custody  of  the  key,  shall,  previous  to  the 
adjourpment  of  any  Superior  Court,  or  at  least  two   months  prior  to 

*:Clerg>Tnen  exempted,  sec.  806,  and  Justices  Inferior  Court,  sec.  317. 

fSee  note  on  preceding  page.     See  also,  Act  of  1805,  sees.  303,   et  seq.  altering  th.e 
mode  of  selecting  Jurors. 

(I )  The  proper  time  for  challenging  is  between  the  appearance  and  swearing.  3  Kelly,  453. 
As  to  grounds  of  challenge,  see  note  to  sec,   350  "  Penal  Code."    As  to  polling  Juries,  see       j 
S  G     458     The  citizens  are  incompetent,  where  the  City  is  a  party.    7  Ga.  139.  m 


JUDICIARY.— Sup'r  and  Inf'r  C'ts— Juries— 1799.  547 

Number  of  Grand  Jury — Inf'r  C't  to  draw  in  certain  cases — Precept — Summons. 

the  sitting  of  the  next  Court,  cause  to  be  drawn  out  of  the  apart- 
ment of  the  said  box  marked  No.  1,  not  less  than  twenty-three,  nor 
more  than  thirty-six  names,  as  Grand  Jurors ;  and  out  of  the  apart- 
ment marked  No.  2,  not  less  than  forty-eight,  nor  more  than  seventy- 
two  names,  as  Petit  Jurors,  for  the  trial  of  civil  and  criminal  causes 
as  aforesaid  ;  which  names  so  drawn  out  shall,  after  an  account  is 
taken  of  them,  at  each  term  or  time  of  drawing,  be  carefully  rolled 
up  again,  and  deposited  in  the  two  other  apartments  to  be  provided  in 
such  Jury  box,  marked  Nos.  3  and  4,  to-wit :  the  names  of  the  Grand 
Jurors  in  the  division^ No.  3,  and  the  names  of  the  Petit  Jurors  in  the 
division  No.  4 ;  and  when  all  the  names  shall  be  drawn  out  of  the 
apartments  Nos.  1  and  2  aforesaid,  they  shall  then  commence  draw- 
ing from  the  apartments  Nos.  3  and  4,  and  return  them  into  ^^the 
Nos.  1  and  2,  and  so  on  alternately. 

297.  Sec.  XLI.     No  Grand  Jury  shall  consist  of  less  than   eigh-Gnmd  Jury 
teen  or  more  than  twenty-three,  but  twelve  may  find  a  bill  or  make  i8,^^oJ'mcre 
a  presentment.    And  the  names  of  the  several  Jurors  to  be  drawn  as  Jujor^^* 
aforesaid,  shall  immediately  after  they  are  drawn  out,  be  entered  by  namesto  be 

-^  •*    Gntcroil  Oft 

the  Clerk  on   the    minute  book    of  such  Court,  and  if  it  shall  so  ininutes. 
happen,  that  from  any  unavoidable  circumstance,    the  Judge    shall  cvJiu^iirr 
not  attend  at  the  time  appointed  for  holding  the   Superior    Court  of  J{""^^jJ"JJ^, 
any  County,  he  shall  nevertheless  attend  in  person  for  the  purpose 
of  drawing  Jurors,  or  shall  transmit  to  the  Justices    of  the    Inferior 
Court  of  such  County,  a  request  in  writing,  that  they,  or  any  two  of 
them,  attend  at  the  Clerk's  office,  on  some  convenient  day,  at  least  g  ^^,j,ths 
two  months  preceding  the  next  term,  for   the  purpose    of  drawing  p"'>r  t<>  J^^® 
Grand  and  Petit  Jurors  in  manner  hereinbefore    directed;  and  the/udgosof 
said  Judges  of  the  Superior  Courts  are  declared  to  be  responsible  for  fe^s'^'^nsiwe^ 
the  legal  and  regular  drawing  of  Juries  in  the  respective  Circuits  in 
which  they  may  preside.     And  in  case  of  such  unavoidable  circum- 
stance, specially  stated  by  any  Judge  of  the  Superior  Court,  the  said 
Justices,  or  any  tAVO  of  them,  shall  and  are  hereby  required,  to   con- 
form to   such  request,  by  attending    and  drawing  Juries  agreeably 
to  this  Act.*     {Proviso  temporarij.) 

298.  Sec.  XLII.     The  Cierk  of  the  Court  shall  annex  a  pannel  Precept  to  is- 
of  the  Jury,  containing  the  names  of  the  persons  drawn  to  serve  on  ''**^' 

the  Grand  Inquest,  exactly  transcribed  from  the  minute-book  to  the 
precept  for  summoning  such  Grand  Jury  ;  and  shall  also  annex  another 
pannel  containing  the  names  of  the  persons  drawn  as  Petit  Jurors  for 
the  trial  of  civil  and  criminal  cases,  exactly  transcribed  as  aforesaid, 
to  the  precept  for  summoning  the  Petit  Jurors,  in  the  mxandatory  part 
of  which  precept  shall  be  written,  the  words  following,  viz  :  ''  The 
several  persons  named  in  the  pannel  hereunto  annexed,"  which  pre- 
cept, with  the  several  pannels  annexed  as  aforesaid,  shall  be  delivered 
by  the  Clerk  of  the  Court  within  three  days  after  the  drawing  of  such 
Juries  as  aforesaid,  to  the  Sheriff  of  the  County  or  his  Deputy. 

299.  Sec.  XLIII.  The  Sheriff  or  his  lawful  Deputy  for  the  T^,;^g  ^  i»e 
time  being,  upon  the  receipt  of  any  precept  for  summoning  Grand  ^q™™*^"^^ 
or  Petit  Jurors,   shall   cause  the   several  persons   whose  names  are  fore  court. 

*See  f .  rther  proyisions  on  this  subject,  Act  of  1815,  sec.  310. 


543  JUDICIARY— Sup'r  ,vxd  Ixf  r  C'TS—Juries^l79d. 

Defaulting  Jurors — Fine — Talesmen — Oath  of  Petit  Jury. 

Form  of  the  Written  ill  the  paiinel  thereunto  annexed,  to  be  served  with  a  sum- 
mmoxja.  j-j-jQ^g^  ^^  least  ten  days  before  the  sitting  of  the  Conrt  for  which  they 
are  drawn  and  impamieled  ;  which  summons  shall  be  in  the  following 
words,  or  words  to  that  effect:  --By  vii'tue  of  the  precept  to  me  di- 
rected, you  are  hereby  commanded  to  appear  before  the  Judge  of  the 
Superior  Court,  at  the  next  Superior  Court  to  be  held  at  the  Court- 
house in  and  for  the  County  of ,  on  the day   of ,  at   ten 

o'clock    in  the  forenoon  of  that  day,  to  be  sworn  on  the  Grand  Jury 
(or  as  a  Juror  for  the  trial  of  civil  and  criminal  causes  then  and  there 
depending,  as  the  case  may  be  :*")  which  shall  be  signed  by  the  Sher- 
iff or  his  lawful  Deputy  for  the  time  being  ;  Wiich  Sheriff  or  lawful 
Deputy  aforesaid,  shall  make  return  of  all  such  precepts,  in  each  of 
which  he  shall  set    forth  the  names  of  all  such  persons  as  shall  have 
been  summoned  by  viitue  of  such  writs  or  precepts,  and  the  time  when 
they  were  smnmoned,  and  also  the  names  of  the   persons  whom  he 
may  not  have  summoned,  together  with  the  reasons  wh)'  the}"  were 
not  sunmioned.  on  pain  of  being  fined  by  the  Court. 
J!iorl"mfy       ^^^'   ^^c.  XLIT.     Tiic  Clcrk  of  tlio  Court  sliall  make  duc  ciitry 
beancd.      in  the  miiiute  book  of  such  Court,  of  the  appearance  of  all    Jurors, 
and  shall  likewise  enter  and  make  report  of  the  names  of  all   such 
as  shall  make  default  in  appearing  ;  that  if  any  person  who  shall  be 
drawn,  impamieled.   summoned,  and  returned   to  serve    as  Jurors  at 
any  Court  as  aforesaid,  shall  neglect  or  refuse  to  appear,   or  after  ap- 
pearance shall  refuse  to  sen'e.  or  shall  absent  himself  without  leave 
of  the  Court,  then  and  in  that  case,  it  shall  be  lawful  for  the  Court 
jfaPetitJn  ^^  ^^^^  such  pcrson,  if  a  Petit  Juror,   in  a  sum  not  exceeding  twenty 
ror  ^;  if  dollars,  and  if  a  Grand  Juror,  in  a  sum  not  exceediiisr    fortv  dollars, 
Kvi  $40.       unless  such  Juror  shall  show  good  and  sufficient  cause  of  excuse,  to 
be  made  on  oath  before  any  Justice  of  the   Peace,  and    filed  in  the 
Clerk's  office  of   such  Court,   within  thii'ty  days  after  opening  the 
said  Com't  :  the  merits  of  which  excuse  shall  be  determined  by  the 
Talesmen.    ^^^^^  succeediiig  Com't  :  and  when  from  challenge  or  otherwise  there 
shall  not  be  sufficient  number  of  Jurors   to   determine  any  civil   or 
criiuinal  cause,*  the  Court  may  order  the  Sheriff  or  his  Deputy,  to 
summon  by-standers  or  others,^  qualified  as  hereinbefore  required,  for 
the  trial  of  such  cause  or  causes,  suffiicient  to  complete  the  pannel ; 
and  when  the  Sheriff  or  his  Deputy  are    disqualified  from  acting  in 
the  manner  herein  expressed,  Jurors  shall  be  summoned  by  the  Cor- 
oner, or  such  other  disinterested  person  as  the  Com't  may  appoint. 
Oath  of  Pe        301.   Sec.  XLY.     The  oath  to  be  administered  to  Petit  Jinors  in 
civil  cases  shall  be  in  the  form    following  :   '•  You,  ( A  B)  shall  well 
and  truly  try  the  causes  depending  between  the  parties  at  variance, 
and  a  true  verdict  give  according  to  evidence  :  so  help  you  God.'- 
ciSjurv^      Sec.  LYI.     When  a  cau?e  shall  be  committed  to  a  special  Jury, 
jar>-on'»p-  tlic  oath  to  bc   administered  shall  be  in   the   words  following,  viz  : 
^^  '  (oath  amended  1811,  sec.  30S.)     And  the  same  oath  to  be  adminis- 

tered to  Juries  on  appeals. 

♦See  further  as  to  Juries  in  criminal  cases  ;  •♦  Penal  Laws." 

(1.)  The  presiding  Judge  cannot  draw  talesmen  from  the  Grand  Jury  box.     1  Kelly,  631. 
Grand  Jurors  are  competent  talesmen  in  criminal  causes.    8  Ga.  136, 


JUDICIARY.— Sup'r  and  Inf'r  C'ts— /^/rm— 1805.  549 

Jury  on  neAV  tiials — Selection  and  drawing  of  Grand  Juries. 

302.  Sec.  LVIII.  All  new  trials  shall  be  had  by  a  special  Jury,  sp^Sktu-* 
to  be  taken  fron>  the  Grand  Jury  list  of  the  County,  and  struck  in '''cs  on  new 
the  presence  of  the  Court,  in   the    following  manner.*     The  Clerk 

shall  produce  a  list  of  the  original  pannel  of  Grand  Jurors,  returned 
to  the  term  in  Avhich  such  trial  shall  be  had,  from  which  the  parties  or 
their  attorneys,  shall  alternately  strike  out  one  until  only  twelve  shall 
remain,  who  shall  forthwith  be  impanneled  and  sworn   to   try   the 
cause  ;  and  in  all  cases  the  party  applying  for  such  new   trial,   shall  Applicant  for 
strike  first;  and  in  case  of  refusal  in  either  to  strike,  on  the    calling  strike  first. 
of  the  cause,    the  Judge  presiding  shall  order  some   officer    of  the 
Court,  or  other  person,  to  proceed    to  strike  the  said   Jury   in   the 
same  manner  as  the  party  refusing  might  or  could  have  done.     And 
it  shall  be  the  duty  of  all  persons  summoned  on  the  Grand  Jury  to  ^J^^j^^ 
attend    the    Courts  for  the  purpose  of  determining  such  new    trials,  must  tttecd. 
whether  they  be  sworn  on  the  Grand  Jury  or  not. 

An  Act  for  the  better  selection  and  drawing  Grand  Juries  for  the 
several  Counties  in  this  State. — Approved  Dec.  7,  1805.  Vol. 
11.  272.1. 

303.  Sec.  I.     It  shall  be  the  duty  of  the  Justices  of  the   Inferior  PeJe^tion  cf 
Courts  of  each  County,   together  with  the  Sheriff  and   Clerk,  or  a^'^"'^^"''* 
majority  of  them,  to  convene  at  the  Court-house  of  their  respective 
Counties,  on  the  first  Monday  in  June   next,  and  biennially  on  the 

first  Monday  in  June  thereafter,  whose  duty  it  shall  be  to  select  from 
the  books  of  the  receiver  of  tax  returns,  for  their  respective  Coun- 
ties, fit  and  proper  persons  to  serve  as  Grand  Jurors  ;  and  shall  make 
a  list  of  persons  so  selected,  and  transmit  it  under  their  hands  to  the 
next  Superior  Court  of  their  respective  Counties;  and  it  shall  be  the 
duty  of  the  Judge  then  presiding,  to  cause  the  Clerk  of  the  said 
Superior  Court  to  make  out  tickets,  with  the  names  of  the  persons 
so  selected,  which  tickets  shall  be  put  in  a  box  to  be  provided  by  the 
Clerk  at  the  public  expense,  which  said  box  shall  have  two  apart- 
ments, marked  number  one  and  two  ;  and  the  Clerks  of  said  Courts 
shall,  immediately  after  receiving  such  lists,  fairly  enter  the  same  in 
a  book  for  that  purpose,  to  be  provided  at  his  own  expense,  distin- 
guishing in  separate  columns  the  persons  liable  to  serve  as  Grand 
Jurors,  and  those  for  the  trial  of  civil  and  criminal  causes,  as  pointed 
out  by  law  ;  which  said  box  shall  be  locked  and  sealed  up  by  the 
Judge,  and  placed  in  the  care  of  the  Clerk,  and  the  key  in  the  care  of 
the  Sheriff,  and  no  Grand  Jury  shall  be  drawn  and  impanneled,  but 
in  the  presence  of  the  Judge  in  open  Court,  nor  shall  any  Clerk  of 
the  Court,  or  other  person  having  the  custody  of  the  Jury  box,  pre- 
sume, on  any  pretence  whatever,  to  open  the  said  Jury  box,  trans- 
pose, or  alter  the  names,  except  it  be  by  the  direction  of  the  Judge  in 
open  Court,  attending  for  the  purpose  of  drawing  Jurors,  under  the 
penalty  of  being  dealt  with  in  the  manner  pointed  out  by  law  for 
malpractice  in  office. 

304.  Sec.  II.     The  said  Judge,  in  open  Court,  shall  unlock  and 

*The  Act  of  1810,  sec.  307,  provides  a  mode  of  strildng  "  all  special  Jurors." 
(1.)  Held  to  supersede  the  Act  of  1799,  8  Ga.  408. 


550         JUDICIARY.— Sup'r  and  Inf'r  C'ts— /?/ms— 1805-'10. 

Selection  and  draivdng  of  Grand  Juries — Clergjinen — Special  Juries. 

t^i^cfi-aw'ihe  ^I'sak  the  seal,  and  cause  to  be  drawn  out  of  the  apartment    of  the 
Juries.        said  box  marked  num.ber  one,  not  less  than  twenty-three,    nor  more 
than  thirty-six  names,  to  serve  as  Grand  Jurors,  which  names  so  drawn 
out  shall,  after  an  account  is  taken  of  them,    at  each  time    of  draw- 
ing, be  carefully  deposited  in  the  other  apartment  of  such  box,  mark- 
ed number  two  ;  and  when  all  the  names  shall  be  drawn  out  of  the 
apartment  number  one  as  aforesaid,  they  shall  then  commence  draw- 
ing from  the  apartment  number  two,  and  return  them   into    number 
one,  and  so  on  alternately  ;  but  no  name  so  deposited   shall,  on  any 
pretence  whatever,  be  destroyed,  except  it  is  v/ithin   the  knowledge 
of  the  Judge  that  the  said  Juror    is  either  dead,  removed  out  of  the 
County,  or  otherwise   disqualified  by  law,  or  the  Sheriff  certify  the 
same. 
In  failure  of     305.   Sec.  III.     If  it  sliall  SO  happen,  that  there  should  be  a  fail- 
»iesTo^'tand  urc  of  thc  Court  iu  consequence  of  the  non-attendance  of  the  Judge, 
next  Court?  thcu,  aud  iu  that  case,  the  Jurors  being  summoned  shall  stand  over 
to  the  next  succeeding  term,  in  the  same  manner  as  suitors  and  wit- 
ifnoseiec-   nesscs  do  in  like  cases:  Provided   always^  that  if  the   said  Justices, 
at  th/proper  Sheriff  and  Clerk  aforesaid,  shall  fail  to  make  such  selection  on  the 
bTmadV^It'^  day  aforesaid,  that  then    it  shall  be    the  duty  of  the   said  Justices, 
next'sup'r^^  Sheriff  and  Clerk  aforesaid,  or  a  majority  of  them,  to  make  such  se- 
ccurL        lection  at  or  before  the  next    Superior  Court  thereafter,  which  shall 
be  held  in  their  respective  Counties. 

Sec.  IY.  So  much  of  an  Act  entitled  ''an  Act  to  amend  an  Act 
entitled  an  Act  to  revise  and  amend  the  Judiciary  system  of  this 
State,"  passed  at  Louisville,  the  16th  day  of  February,  1799,  as  mil- 
itates against  this  Act.  be,  and  the  same  is  hereby  repealed. 

An  Act  to  give  relief  to  all  ordained  Ministers  of  the  Gospel,  so  Jar 
as  respects  their  serving  as  Jurors,  or  doing  Militia  duty. — Ap- 
proved Dec.  12,  1809.     Vol.  II.  531. 

Sec  I.      [Respecting  militia  duty.     See  Militia,  sec.  41.] 
ciergj^raen!       306.   Sec.  II.     The  Judgcs  of  the  Superior  Courts,   the  Justices 
Iervrng^on"^of  tlic  Inferior  Courts,  and  Justices  of  the  Peace',  are  hereby  author- 
juries.        ized,  on  application,  to  excuse  them  from  service  on   the  Juries  of 
their  different  Courts,  the  application  to  be  made  in  writing  or  oth- 
erwise. 

An  Act  to  amend  tlie  several  Judiciary  Acts  iioiv  in  force  in  this  State- 
Approved  Dec.  15,  1810.     Vol.  II.  640. 

Special  Ju-       307.     All  succial  Jurors  shall  be  taken  from  the  Grand  Jury  list  of 

rjps     how 

stricken,  the  Couuty,  and  struck  in  the  presence  of  the  Court,  in  the  follow- 
ing manner :  the  Clerk  shall  produce  a  list  of  the  Grand  Jurors  pres- 
ent, and  there  impanneled,  from  which  the  parties,  plaintiff  and  de- 
fendant, or  their  attorney,  may  strike  out  one  alternately,  until  there 
shall  be  but  twelve  Jurors  left,  who  shall  fortliAvith  be  impanneled 
and  sworn,  as  special  Jurors  to  try  the  appeal  cause  ;  and  in  all  cas- 
es the  appellants  shall  strike  first ;  and  in  case  of  refusal  in  either  to 
strike  such  special  Jurors,  after  due  notice  given  for  the  purpose,  and 


JUDICIARY.— Sup'r  and  Inf'r  C'ts— Jwms— 1S11-'12.  551 

Oath  of  Special  Jury — Oath  of  Grand  Jury. 

proof  thereof,  the  Judge  before  whom  such  notice  is  given  for  such 
special  Jury  to  be  impanneled,  shall  on  behalf  cf  such  absent  party, 
or  his  attorney,  proceed  in  the  same  way  and  manner,  as  if  the  party 
absent  or  refusing  had  been  present  or  consented  to  the  same. 

An  Acttoame7id  the  LVIth  sectioji   of  the  Judiciary/  Law  of  this 
State.— A.]y^mYedi  Dec.  4,   1811.     Vol.  III.  367. 

308.  Sec.  I.  The  oath  to  be  administered  to  special  Jurors  (ex- oathof  ti-*? 
cept  in  cases  of  divorce*)  shall  be  in  the  words  following,  to-wit :  ^^^"'^  "'*' 
^'  You  shall  well  and  truly  try  each  cause  submitted  to  you  during 
the  present  term,  and  a  true  verdict  give,  according  to  equity,  and 
the  opinion  you  entertain  of  the  evidence  produced  to  you,  to  the 
best  of  your  skill  and  knowledge,  without  favor  or  affection  to  eith- 
er party  ;  Provided,  you  are  not  discharged  from  the  consideration  of 
the  case  or  cases  submitted;  so  help  you  God." 


An  Act  to  admit  Grand  Jurors  to  give  evidence. — Approved  Dec.  10, 

1812.     Yol.  III.  397. 

Sec.  I.     [See  Evidence,  sec.  35.] 

309.   Sec.  II.     In  future,  the  oath  to  be  administered  to  the  fore- oath  of  tiiei 
man  of  all  Grand  Juries,  shall  be  as  follows,  viz  :   ''  You,  as  foreman   ^^^    ^^^' 

of  the  Grand  Jury  of  the  County  of  ,  shall  diligently  inquire, 

and  true  presentments  make  of  all  such  matters  and  things  as  shall 
be  given  you  in  charge,  or  shall  come  to  your  knowledge,!  touching 
the  present  service  ;  the  State's  counsel,  your  fellows'  and  your  own, 
you  shall  keep  secret,  (unless  called  on  to  give  evidence  thereof  in 
some  Court  of  Lavvr  in  this  State  :)  You  shall  present  no  one  for  envy, 
hatred,  or  malice,  nor  shall  you  leave  any  one  unpresented  from  fear, 
favor,  affection,  or  reward,  or  the  hope  thereof:  but  you  shall  pre- 
sent all  things  truly  and  as  they  come  to  your  knowledge,  so  help 
you  God."  And  the  same  oath  which  is  talcen  by  the  foreman,  shall 
be  taken  by  each  and  every  member  of  any  and  all  the  Grand  Juries 
in  this  State.  J 

*For  oath  ia  divorce  cases,  and  regulations  respecting  trial  of  divorces,  see  title  *'  Di- 
vorce," sees.  7,  12,  13. 

tExplained  by  Act  of  1829,  sec.  313. 

:}:Form.  of  oath  administered  to  the  remainder  of  the  Jury,  see  Art.  IX.  **  Coroners 
and  Inquests,"  sec.  265. 

For  oath  of  special  Jury,  see  sec.  303.  For  claim  oath,  see  "Attachment  and  Garn- 
ishment," sec.  31. 

For  Eaihli  s  oath,  see  sec.  314,  this  title. 

For  oath  in  criminal  cases,  see  <'  Penal  Laws,"  sec.  313,  314,  315. 

In  addition  to  the  duties  specified  in  their  oath,  the  following  note  may  aid  Grand  Ju- 
ries as  to  their  powers  and  duties  : 

1.  Examine  and  inspect  the  offices,  papers  and  records  of  the  Clerks  of  Superior  and 
Inferior  Courts.     See  "County  Funds  and  Records,"  sec  21. 

2.  Examine  receipts  and  payments  of  the  Treasurer  at  the  first  term  in  each  year, — 
"  County  Oflicers,"  sec.  49.  If  no  Treasurer,  then  the  books  of  the  Clerk  acting  as  such. 
<<  County  Funds  and  Ilecords,"  sec.  23. 

3.  May  recommend  extraordinary  tax  for  County  purposes  ;  see  "Counties,"  sec  8. 


5o2  JUDICIARY —Sup^R  AND  Inf'r  C'ts— Juries— 1815-'20. 

Juries  drawm  out  of  term  time. 


An  Act  to  authorize  the  Justices  of  the  Inferior  Courts  in  this  State^ 
to  draw  Grand  and  Petit' Jurors  in  certain  cases. — Approved  Nov. 
30,  1815.     Vol.  III.  400. 

In  failure  of     310.     The  Justices  of  the  Inferior  Courts  for  the  several  Counties 

IheJusSees  ^^  this  ^tate,  or  a  majority  of  them,  together  with  the   Sheriff  and 

Sm  shall   C^lerk  of  the  Superior  Court,  in  any  of  their  several  Counties,  be,  and 

draw  Juries,  they  are  hereby  authorized  and  required  in  all  cases  where   there 

.    shall  or  may  have  been  a  failure  of  the  Judges  of  the  Superior  Courts,* 

in  drawing  Grand  and  Petit  Jurors  agreeably  to  law,  to   assemble   at 

the  Court-house  in  their  several  Counties,  at  any  time  which  shall 

be  to  them  convenient,  and  proceed  to  open  their  Jury   boxes,    and 

draw  from  said  boxes  a  sufficient  number  of  names  to  serve  as  Grand 

and  Petit  Jurors  for  their  or  either  of  their  said  Counties  at  their  next 

then  depending  Superior  Courts :  and  the  Jury  being  so  drawn,  the 

said  box  or  boxes  again  to  seal  and  deliver,  together  with  the  keys, 

to  the  proper  officer.     Provided^  that  said  assemblage   and  drawing 

shall  be  at  least  sixty  days  previous  to  the  commencement  of   the 

Superior  Court  at  which  said  Jurors  shall  be  liable  to  serve. 


An  Act  to  authoi^ize  the  Justices  of  the  Itiferior  Courts  in  this  State 
to  draw  Juries  out  of  term  tinie. — Approved  Dec.  13,  1820, 
Vol.  lY.   199. 

The  Inferior      311.  Sec.  I.     From  aud  after  the  passinsr  of  this  Act,  that  it  shall 

C'ts,  when  X'  o  7 

they  omit  to  bc  lawful  in  all  cases  where  it  happens  that  the  Justices  of  any  In- 

y.t  their  regii- ferior  Court,  at  the  regular  term  of  said  Court,  shall  omit  drawing  a 

tiloSid'to^^  Jury  to  serve  at  the  succeeding  Court,  that  the  Justices  of  said  Court 

Saw Tjury.  ^^  ^^Y  three  of  them,  with  the  Sheriff  and  Clerk,  meet  at  the  place 

of  holding  such  Court  at  least  forty  days  previous  to  the   sitting   of 

said  Court,  and  draw  a  Jury  under  the  same  regulation  that  they 

ought  to  have   done  in  term  time.J 

4.  To  examine  and  allow  Tax  Collectors'  insolvent  list.  May  examine  and  recom- 
mend abatement  in  certain  cases.    See  "Tax,"  sec.  13,  52. 

5.  At  every  fall  term  examine  Clerk's  account  of  sales  of  estrays.  See  "  Estrays,"  sec. 
15. 

6.  At  spring  term  may  reconmiend  a  tax  for  educational  purposes.  See  "  Academies, 
&c."  sec.  8. 

7.  Made  their  special  duty  to  present  offences  against  the  Act  prohibiting  the  carrying 
of  deadly  weapons,  and  issuing  of  change  bills,  which  may  come  under  their  own  knowl- 
edge.    See  "Penal  Laws,"  sees.  365,  369. 

8.  May  recommend  to  Inferior  Court  to  grant  license  to  peddle,  to  indigent  persons. 
«♦  Peddlers,"  sec.  13. 

*For  former  provision  on  this  subject,  see  sec.  297. 

tAs  to  what  that  regulation  is,  the  compiler  has  not  found  a  Statute  unrepealed  pre- 
scribing. The  LXVIth  section  of  the  Judiciary  Act  of  1797,  gave  the  Inferior  Courts  - 
«'  the  same  power  to  draw,  impannel,  and  fine  Petit  Jurors  for  the  trial  of  caiases  refer- 
red to  their  jurisdiction,"  as  the  Superior  Courts  had.  The  Act  of  1799  repealed  this 
section,  and  by  its  3d  section,  (see  subdivision  "  Jurisdiction,")  granted  power  to  the 
Superior  and  Inferior  Courts  to  hear  and  determine  all  causes,  both  civil  and  criminal^ 
of  which  they  "  have  jurisdiction  according  to  the  Constitution  and  Laws  of  this  State, 
by  a  Jury  of  twelve  men,  to  be  taken  from  the  County,  in  such  manner  as  shall  hereinafter 


JUDICIARY.— Sup'r  and  Inf'r  C'ts— Juries— 1S29-'31.         5o3 

Juries  drawn  out  of  term  time — Duty  of  Grand  Jurors — Oath  of  Bailiff. 

412.  Sec.  II.     When  any  Inferior  Court  in  this  State,  at  the  reg-  when  they 
ularterm  of  said  Court,  have  omitted  drawing  a  Jury  to  serve  at  thedrawi^'i^ 
next  Court,  that  tiiey  shall,  after  the  passing  of  this  Act,  be  authorized  S'todJl'^o 
to  draw  a  Jury  at  any  time,  under  the  same  regulation  as  in  the  pre-^^*"^'^^''^®' 
ceding  section ;  and  that  the  said  Clerk  of  the  Inferior  Court   shall 
immediately  after  the  drawing  of  said  Jury  as  herein  provided,  make  make  our  a 
oiit  a  list  of  the  Jury  so  drawn,  and  place  the  same  in  the  hands  of  Jl'^toTtfe^'"' 
the  Sheriff,  or  Deputy,  who  shall  proceed  immediately  after  receiv-  '^^'«"^- 
ing  the  same,  to  summon  the  Jury  so  drawn,  in  the  same  manner  as 
if  they  had  been  draw^n  at  the  regular  term  of  said  Court ;  and  the 
said  Jurors  so  drawn  and  summoned,  shall  be   bound  and  liable   to  jT^j^^j^^J^^^'"'^ 
serve  in  the  same  manner  and  under  the  same  penalties  as  if  drawn  seno, &c.  as 
at  the  regular  term  of  said  Court ;  any  law  to  the  contrary  notwith-  the?egiw: 


standing. 


term. 


A?i  Act  to  define  the  duties  of  Grand  Jurors  in  this  State,  so  far  as 
respects  the  time  they  are  to  be  considered  hound  to  notice  offences 
committed  in  their  respective  Counties. — Approved  Dec.  22,  1829. 
Vol.  lY.  229. 

813.     Grand  Jurors  shall  be  bound  only  to  notice   or  make  pre-Dut3'of 
ssntment  of  such  offences  as  may  or  shall  come  to  their  knowledge  auacboK"«"r^ 
or  observation  after  they  shall  have  been  sworn  ;  but  nothing  in  this^^'"°''^'^^''^"' 
Act  shall  be  considered  as  impairing  their  right  as  Jurors  to    make 
presentments  of  any  violations  of  the  laws  which  they  may  know 
to  have  been  committed  at  any  previous  time. 

Sec.  II.     All  laws  and  parts  of  laws  militating  against  the  intent 
and  meaning  of  this  Act,  are  hereby  repealed. 


An  Act  to  amend  and  alter  the  oath  of  Bailiffs,  who  take  charge  of 
special  and  Petit  Juries,  and  for  other  purposes. — Approved  Dec. 
26,  1831.     Pam.  138. 

Whereas,  the  oath  now  administered  to  Bailiffs  requires  them  to 
keep  the  Juries  without  meat,  drink,  or  fire,  candle  light  and  water 
only  excepted  ;  arid  whereas,  it  often  happens,  that  in  cases  of  much 
litigation.  Juries  are  unable  for  a  great  length  of  time  to  agree  upon 
a  verdict,  and  are  thereby  exposed  to  cold  and  hunger :  for  remedy 
whereof, 

314.   Sec.  I.     Be  it  enacted,  That  the  following  shall  be  the  oath  ^'^  "^^^^^ 
to  be  administered  to  all  Bailiffs,  sworn  to  take  charge  of  special  and 
Petit  Juries  in  the  Superior  and  Inferior  Courts  of  this  State,  to-wit: 
You  shall  take  this  Jury  and  all  others  committed  to   your  charge, 
during  the  present  term,  to  the  Jury  room  or  some  other  private  and 

be  prescribed,  according  to  the  usages  atid  customs  of  law."  Under  this  section,  and  the 
Constitution  preserving  trial  by  Jury,  *'as  heretofore  used,"  there  can  be  no  doubt  of  the 
authority  of  the  Inferior  Courts  to  draw  Juries,  as  is  practised  by  that  Court  before  the 
IvCgislative  recognition  in  the  above  Act  of  1820. 

70 


554 


JUDICIARY —Sup'r  and  Inf'r  C'ts— Lze;.'.?— 1S31-'50. 


Food  and  iire  for  Juries — Justices  Inferior  Court — Liens. 


convenient  place,  where  you  shall  keep  them  without  meat,  drink  or 
fire,  candle  light  and  water  only  excepted,  (unless  otherwise  directed 
by  the  Court.)  You  shall  not  speak  to  them  yourself  (nor  suffer 
others  to  speak  to  them)  unless  it  be  by  leave  of  the  Court,  to  ask 
them  if  they  have  agreed  upon  a  verdict  or  are  likely  to  agree.  All 
this  you  shall  do  to  the  best  of  your  skill  and  power,  so  help  you 
God. 

315.  Sec.  II.  V>'henever  it  shall  so  happen  that  the  Jury  is  con- 
fined in  the  investigation  of  any  case,  for  a  length  of  time,  which 
exposes  them  to  hunger  or  cold,  or  both,  the  Court  may,  on  applica- 


The  Court 
va:y  a'low 
Junes  to 
Lave  feed 
and  lire  at 


^^^<^^^'''^^^°^t ion  from  said  Jury,  direct  them  to  be  furnished,  at  their  own  ex- 
pense, w^th  such  nourishments  as  in  his  own  judgment  may  seem 
just  and  proper;  and  permit  them  to  have  provisions  and  fire,  or 
either,  if  cii'cumstances  should,  in  the  judgment  of  the  Court,  re- 
quire it. 

316.  Sec.  III.  The  said  Bailiffs  shall  recei\re  from  the  County 
Treasurer,  or  Clerk  of  the  Court,  where  there  is  no  Treasurer,  of 
each  County,  $1  per  day  in  addition  to  then'  present  fees,  for  each 
day  the  said  Baililis  shall  serve  in  attendance  on  the  Juries. 


Bailiff's  fee 
for  attend- 
ance. 


An  Actio  relieve  the  Justices  of  the  Inferior  Court  from  Jury  duty. 
Approved  Feb.  21,  1850.     Pam.  293. 

Justices in|.       317.   Sec.  i.     2?e  it  enacted.  That  from  and  after  the  passage  of 

C  t  espmpt  u  J.  i-^ 

fr..m  Jury     this  Act,  all  Justiccs  of  tlic  Inferior  Court  of  this  State,  be,  and  the 
^'^'  same  are  hereby,  at  their  ovvrn  option,  exempt  from  Jury  duty. 

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

Statutes  referring  to  this  subject,  omitted  as  obsolete,  repealed  or 
superseded.  Provincial  Act  of  1756,  Watk.  46;  of  1757,  Ih.  47; 
of  1760,  Ih.  64 ;  of  I76S,  Ih.  149 ;  of  1778,  Ih.  222,  223. 


ART.  XIT.    LIEXS.* 


?ec.  318.  Lien  of  Masons,  S:c. 

«'  319.  Record,  Fonn,  Fee. 

«'  320.  Breach  of  Contract. 

"  321.  Suit,  Time,  Verdict. 

•*  322.  Delivery  of  Possession. 

"  323.  Sale  does  not  aifect. 

"  324.  Issue,  Trial,  Damages. 


Sec 

325. 

Notice  of  other  liens. 

" 

326. 

Repealing  clause. 

:c 

327. 

Act  made  general. 

( ( 

328. 

Summary  process  to  enforce 

329. 

Affidavit,  &c. 

cw 

330. 

Judgment  and  execution. 

"•' 

331. 

Issue  and  trial. 

*For  Acts  giving  lien  on  steamboats  and  other  water-craft  on  certain  rivers,  see  "In- 
ternal Transportation,"  sec.  109.  Also  as  to  liens  on  steam  mills  and  gold  machines, 
see  same  title,  sec.  115. 

Lien  given  to  ship-carpenters,  painters,  &c.  and  other  artizans  employed  in  'build- 
ing, repairmg,  or  furnishing  materials  for  vessels,  crafts  and  steamboats,  and  summary 
process  to  collect,  in  Chatham  Couaity  and  City  of  Savannah,  by  Act  of  1841,  Pam.  122. 

Lien  allowed  to  painters  in  Glynn  Comity  the  same  as  to  master  masons  and  car- 
penters, Act  1841,  page  170. 


JUDICIARY.— Sup'r  and  Inf'r  C'ts— L;e?z5~1834.  555 

Mason's  and  Cari^enter's  Lien — Kecord — Contract — Suit — Verdict. 


An  Act^  to  give  to  masons  and  carpenters  an  incumhronce  for  debts 
due  on  account  of  looj'k  do7ie  and  materials  furn'isJied  in  building 
or  repairing  Jioiises^  and  the  premises  to  which  they  may  be  attach- 
ed^ and  to  repeal  all  laivs  on  this  subject  so  far  as  relates  to  the 
Coniities  of  Ru-h'mnnd  and  Mcintosh^  and  in  the  Cities  of  Savan- 
7iah,  Macon  and  Columbus. — Assented  to  Dec.  22,  1834.  Pam. 
189. 

318.  Sec.  I.     All  debts  which  may  hereafter  become  due  to  any  Debts  d'le  to 
mason  or  carpenter  in  the  Counties  of  Richmond  and  Mcintosh,  the  c up^nTers ' 
Cities    of   Savannah,  Macon  and  Columbus  in  this    State,  for  work  the  iiisill^ 
done,  or  materials  furnished  for  building  or  repairing  any  house,  in  ho„se"a!f(f 
all  cases,  when  said  mason  or  carpenter  shall  not  have  taken  person-  prp'^'^es,  if 

'  i-  i  no  personal 

al  security  for  said  debts,  shall  constitute  and  be  an  incumbrance  on  pecmuy  tar 
such  house  and  the  premises  to  which  it  shall  be  attached,  superior 
in  dignity  to,  and  of  higher  claim  than  any  other  incumbrance  what- 
ever, no  matter  of  what  nature  or  sort  the  same  may  be,  and  without 
regard  to  the  date  of  such  other  incumbrance. 

319.  Sec.  II.     Every  mason  or  carpenter  buildins;  or  repairinsr  "^o  be  re- 
any  house,  shall,  within  three  months  from  the  time  the    same  is  months. 
completed,  cause  to  be  recorded  in   the   Clerk's  office  of  the  Coun- 
ties hereinbefore  named,  and  the  Counties  in  which   the   Cities  of 
Savannah,  Macon,  and  Columbus  severally  lie,  where  such  building 
shall  be  erected  or  repaired,  his  claim  thereon,  which  said  claim  shall 

be  ixi  substance  as  follows  :  ''  A  B,  a  mason  or  carpenter,  (as  the  case  Form, 
may  be,)  claims  an  incumbrance  on  the  house  and  premises  on  which 
it  is  erected  of  C  D,  adjoining  the  lots  or  lands  of  E  F  and  G  H,  for  the 
building  or  repairing  (as  the  case  may  be)  of  said  house  ;"  for  which 
service  he  shall  pay  said  Clerk  fifty  cents ;  and  on  the  failure  so  to  clerk's  feo. 
record  said  claim,  the  said  house  and  premises  shall  stand  discharged 
from  said  incumbrance,  so  far  as  respects  any  older  lien  on  or  any 
subsequent  bona  fide  sale  or  assignment  of  the  same. 

320.  Sec.  III.     If  any  mason  or  carpenter  shall  not  build  or  re- work  must 
pair  any  house  by  him  undertaken  to  be  built  or  repaired,  according  cordial  to*^' 
to  his  contract,  the  debt  or  demand  for  building  or  repairing  the  same  <^o"'^'^<^^ 
shall  constitute  no  incumbrance   on  the  house  so  built  or  repaired, 

or  the  premises. 

321.  Sec.  IY.     Any  mason  or  carpenter  having  an  incumbrance  ^^"^^''^j^]n 
on  a  house  and  premises  for  the  debt  due  for  the  building  or  repairing 

of  the  same,  shall,  within  twelve  months  from  the  time  said  debt  shall 

become  due,  institute  a  suit  for  the  recovery  of  such  debt  in  a  Court 

having  jurisdiction  of  the  cause,  and  shall,  in  his  declaration,  de- oeciaratioa. 

scribe  the  house  and  premises  on  which  the  work  was  donei ;  and  on 

the  trial  of  said  cause  the  jury  shall  find-  the  amount  due  according 

to  the  evidence,  and  shall  moreover  find  specially  that  the  same  shall  Verdict; 

*Thif5  Act  made  general  by  Act  of  1837,  sec.  327,  and  extended  to  painters,  tin  and 
copper  smiths  in  the  City  of  Columbus,  by  Acts  of  1840,  Pam.  123,  and  1842,  Pam.  123; 
in  the  County  of  Kichmond  and  City  of  Savannah,  by  Act  of  1850,  Pam.  278. 

[IJ  Cannot  be  enforced  in  Eq^uity,  unless  this  remedy  proves  insufficient.    3  Kelly,  137. 


556  JUDICIARY.— Sup'r  and  Inf'r  C'ts— Liens— 1S3L 

DeKvery  of  Possession — Contest  with,  other  Liens. 

be  levied  on  the  property  described  and  proved  in  preference  to  any 
other  claim  whatsoever  :  Provided,    The  claim  of  the  plaintiff  shall 
have  been  recorded  according  to  law;    and  the  Court  shall  award 
If  not  sued,  judgment  and  execution  accordingly ;  and  on  the  failure  so  to  sue  on 
Sdby tS  said  debt  and  prove  the  same  to  judgment,  the  said  debt  shall  be 
Act  lost.      placed  on  the  same  footing  of  any  other  simple  contract  or  claim,  and 
the  said  house  and  premises  shall  stand  discharged  from  the  incum- 
brance created  by  this  Act. 
Deiiveiy  of      322.  Sec.  Y.     On  the  building  or  repairing  of  any  house,  the 
does  not  af-  samc  sliall  bc  delivered  over  to  the  possession  and  enjoyment  of  the 
lectthehen.  pgj.yQj^  f^j.  ^hom  the  samc  was  built  or  repaired,  without  affecting  the 

lien  created  by  this  Act. 
If  premises       323.  Sec.  VI.     Wheucver  any  house  and  lot,  or  house  and  lands, 
procesfi,"th"  subject  to  thc  incumbrancc  herein  created,  shall  be  seized  and  sold 
toThfpro-''*  by  authority  of  any  process  or  decree  of  any  Court  in  this  State,  the 
cee^s.         same  shall  pass  to  the  purchaser  free  from  such  incumbrance,  which  in- 
cumbrance shall  attach  to  the  proceeds  of  the  sale  in  the  hands  of  the 
Notceand   officer  makiuff  it,  on  a  notice  as  in  cases  of   claim  to  money  raised 
under  execution,  which  notice  with  the  money  shall  be  returned  to 
the  Court  by  the  said  officer. 
T^esu^.  324.  Sec.  YII.     Whenever  a  claim  of  money  made  under  the  fore- 

going section  shall  be  disputed  by  either  the  plaintiff  or  defendant  in 
the  execution,  process,  or  decree  on  which  the  money  was  raised, 
the  Court  to  which  the  return  is  made  shall  retain  the  amount  there- 
of in  the  hands  of  the  Clerk,  and  order  an  issue  to  be  made  up  to  try 
the  validity  of  the  claim  ;  upon  the  trial  of  which  issue,  should  it  be 
determined  against  the  claimant,  he  shall  be  adjudged  to  pay  dama- 
Bamages.  gcs  to  the  pcrsou  entitled  to  the  money,  not  exceeding  twenty  per 
centum,  as  the  Jury  m^ay  assess,  with  interest  from  the  date  of  the  no- 
tice to  retain,  and  costs. 
Persons'  325.   Sec.  VIII.     Any  person  or  persons  holding  a  lien  on  the 

«'r  liS  may  prcmiscs  ou  wiiicli  any  iDuilding  is  about  to  be  erected  or  repaired, 
give  notice,  ^^^^y  gj^^.^  notice  to  the  mason  or  carpenter  about  to  build  or  repair  a 
house  on  said  premises,  before  the  said  building  or  repairs  shall  be  com- 
Afiter  notice  mcnccd,  uot  to  procccd  therewith  ;  and  if  the  said  mason  or  carpenter, 
hAyl%\ece-  after  liaviug  received  such  notice,  shall  proceed  with  said  building  or 
deuce.        repairs,  the  said  mason  or  carpenter  shall  hold  his  lien  on  the  said 
house  and  premises,  subject  to  the  incumbrance  of  the  person  thus 
notifying  him. 
All  laws  326.   Sec.  IX.     All  laws  giving  master  masons  and  carpenters  or 

S^mSonT^  niasons  and  carpenters  liens  or  incumbrances  on. houses  erected  or 
Ssrepeared^^P^i^'^^5  ^^  materials  lound  by  them,  be,  and  the  same  are  hereby 
repealed:  Provided,  however,  that  liens  and  incumbrances  created 
or  attached  by  any  of  the  aforesaid  laws  shall  be  held  good  and  val- 
id in  Law  and  Equity. 


Aji  Act  to  extend  to  the  several  Counties  in  this  State  the  provisions 

of  an  Act  entitled  ^^  A?i  Act  to  give  masons  and  carpenters  an  in- 

cumbrance  for  debts  due  on  account  of  work  do?ie,  and  materials 

furnished  in  building  or  repairing  houses^  on  such  houses  and  the 


JUDICIARY.— Sitp'r  and  Inf'r  C'ts— Liens— 1837-'A7.  557 

Summary  process  to  enforce  all  liens  on  personalty. 

premises  to  which  they  may  be  attached  ;  a?id  to  repeal  all  laws  on 
this  subject^  so  far  as  relates  to  the  Counties  of  Richmond  and  Mc- 
intosh^ and  in  the  Cities  of  Savannah^  Macoji  and  Colnmbus  ;" 

passed  on  the  22d  Dec.  1834. — Assented  to  Dec.  28,  1837.  Pam. 
169. 

327.  Sec.  I.     Be  it  enacted,  That  all  the   provisions  of  an  ActActofi83i 
entitled  ''An  Act  to  give  masons  and  carpenters  an  incumbrance  for  St  ®^''"**" 
debts  due  on  account  of  work  done,  and  materials  furnished,  in  build- 
ing or  repairing  houses,  on  such  houses  and  the  premises  to  which 

tliey  may  be  attached ;  and  to  repeal  all  laws  on  this  subject,  so  far 
as  relates  to  the  Counties  of  Richmond  and  Mcintosh,  and  in  the 
Cities  of  Savannah,  Macon  and  Columbus  ;"  passed  on  the  22d  Dec. 
1834,  be  and  the  same  are  hereby  extended  to  all  the  Counties  of 
this  State,  and  that  all  laws  militating  against  this  Act  be,  and  they 
are  hereby  repealed. 

An  Act  to  amend  an  Act  enti/led  an  Act  to  give  all  j)ersons  employed  on 
steamboats  and  other  water-crafts  on  the  Chattahoochee,  Altamaha,  and 
Ocmulgee  rivers,  a  lien  on  said  steamboats  or  ivatcr-crafls,  for  his,  her 
or  their  ivages,  and,  for  wood  and,  pi'ovisions  furnished,  and  to  point 
ovt  and  facilitate  the  mode  oj  the  collection  of  the  same,  assented  to 
Dec.  llth,  1841,*"  so  as  to  include  all  liens  on  personal  property  un- 
der certain  regulations^  and  for  other  p2irposes. — Approved  Dec.  24, 
1847.     Pam.  214. 

Whereas,  in  many  cases,  persons  having  liens  upon  personal  prop- 
erty, created  by  the  Common  Law  or  the  Statute   Law  of  force  in 
this  State,  have  no  power  to  sell  the  same,  whereby  manifest  injus-  • 
tice  results  to  such  persons,  and  frequently  the  delay  works  injury  to 
both  debtor  and  creditor — for  remedy  whereof, 

328.  Sec.   I.     Beit  enacted,  That  from  and  immediately  after  summary 
the  passage  of  this  Act,  the  above  recited  Act  shall  be  so  amended  as  enforce  Kn^ 
to  authorize  any  person  or  persons,  who,  by  the  principles  of  the  ^"  ^*'^''"'''' 
Common  Law  or  the  Statute  Law  of  force  in  this  State,  or  which 

may  be  hereafter  enacted,  have  or  shall  have  a  lien  on  personal  prop- 
erty within  the  limits  of  this  State,  to  pursue  the  course  pointed  out 
by  said  above  recited  Act,  by  applying,  in  proper  person  or  by 
attorney  or  agent,  to  one  of  the  Justices  of  the  Peace  of  the  district  in 
which  the  said  personal  property  may  be  at  the  time  of  such  appli- 
cation, where  the  debt  does  not  exceed  thirty  dollars,  or  to  the  Judge 
of  the  Superior,  or  one  of  the  Justices  of  the  Inferior  Court  of  the 
(younty  where  the  said  personal  property  may  be,  at  the  time  of  such 
application,  where  the  sum  sworn  to  shall  notf  exceed  thirty  dollars  ; 
and  by  making  affidavit  before  him  of  the  amount  due  him,  her  or  Affidavit, 
tliem,  and  the  nature  of  the  iien,  and  how  the  same  has  occurred, 
and  upon  what  personal  property  the  said  lien  has  attached,  and 
thereupon  all  the  provisions  of  the  said  recited  Act,  of  which  this  Act 

*FoT  this  Act  and  the  several  Acts  amendatory  thereof,  see  '•  Internal  Transporta- 
tion," Art.  II.  ••  Steamboats.  &e,"  sec.  109,  et  seq. 
t"iS'ot"  is  evidently  a  mistake  in  enrolling. 


558  JUDICIARY.— Sup'r  and  Inf'r  C'ts— Z^ews— 1847. 

Cc^ts— Execution — Issue. 

is  an  amendment,  shall  apply,  and  the  same  proceedings  shall  be  had, 
as  provided  for  by  said  recited  Act,  so  far  as  the  same  can  be  applica- 
To  be  prose- ble  hcrcto  :*  Provided,  that  he,  she  or  they  shall  demand  and  prose- 
months?  ""   cute  the  collection  of  the  same,  as  provided  for  in  said  recited  Act, 
at  any  time  within  twelve  months  after  the  same  shall  become  due 
Demand,      and  payable  :  And  provided,  also,  That  no  such  proceeding  shall  be 
had  until  the  demand  for  the  payment  of  such  lien  shall  first  be  made 
upon  the  owner  or  owners,  or  their  agents  and  attorneys  in  fact,  if 
they  or  any  of  them  reside  within  the  County  where  such  proceed- 
ings shall  be  had,  and  refusal  to  pay  the  same  shall  have  been  made. 
Affidavit  in      329.  Sec.  II.     Nothing  herein  contained  shall  be  construed  to 
steamboats,  repeal  so  much  of  said  recited  Act  as  requires  the  affidavit  to  be  made, 
^^  in  the  cases    specified  in  said  Act,  or  any  Act  heretofore  passed 

amendatory  of  the  same,  before  a  Judge  of  the  Superior  or  Justice  of 
the  Inferior  Court,  or  one  of  the  Justices  of  the  Peace  of  the  district 
in  which  said  steamboat  or  other  water  craft  may  then  lie,  upon  the 
same  arriving  at  the  landing,  port  or  place  of  destination  to  which  the 
same  has  been  freighted  ;  but  that  the  said  affidavit  shall,  in  the  cas- 
es provided  for  by  said  recited  Act,  or  any  Act  heretofore  passed 
amendatory  of  the  same,  continue  to  be  made  as  provided  for  by 
said  Act. 
Judgment         330.   Sec.  III.     In  all  cases,  both  under  said  recited  Act  and  all 
for  costs,      ^^^g  amendatory  thereof  heretofore  passed,  and  in  all  cases  provided 
for  by  this  Act,  it  shall  be  the  duty  of  the  Judge  or   Justice  before 
whom  the  affidavit  shall  be  made,  to  direct  the   Clerk  to  enter  up 
judgment   for   the    costs    of   such  proceedings,    and    any    interest 
that  may  be  due  or  may  become  due,  as  well  as  for  the  principal  debt, 
.   as  provided  for  in  said  recited  Act ;  and  it  shall  be  the  duty  of  the 
Exewition.    g^id.  Clerk,  or  the  Justice  of  the  Peace,  when  proceedings  are  had  be- 
fore a  Justice,  to  issue  execution  for  such  costs  and  interest. 
Issue  by  331.  Sec.  IV.     lu  uo  casc  shall  the  said  execution  so  issued  be 

claimant.  Icvicd  ou  any  other  property  except  such  as  shall  be  subject  to  such 
lien ;  and  it  shall  be  lawful  for  the  owner  or  other  person  claiming 
the  said  personal  property,  or  his  agent  or  attorney,  not  only  to  con- 
test such  claim  or  demand  on  the  ground  that  the  same  or  some  part 
thereof  is  not  due  and  owing,  as  provided  for  in  the  third  section  of 
said  recited  Act,  but  also  to  contest  the  existence  of  any  lien  therein, 
by  making  affidavit  denying  the  existence  of  such  lien,  and  giving 
bond  as  provided  for  in  said  third  section  of  said  Act,  and  such 
proceedings  shall  thereupon  be  had  as  are  directed  in  said  third  sec- 
tion of  said  recited  Act. 

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

*For  this  Act  and  fhe  several  Acts  amendatory  thereof,  see    "  Internal  Transporta- 
tion," Art.  II,  "Steamboats,  &c."  sec.  IQ'^^etseq. 


JUDICIARY.— Sup'r  and  Inf'r  C'ts— Lm.  of  Act.— 17^7. 


559 


Limitation  of  Actions — For  the  recovery  of  land,  seven  years. 


ART.  XV. .  LIMITATION   OF  ACTIONS.*! 


Sec.  332.  Ejectment,  &c. 

*'  333.  Twenty  years'  possession. 

'♦  334.  Under  claimants, 

**  835.  Claims  by  suit  only. 

**  336.  Personal  actions. 

"  337.  Effect  of  reversal. 

*<  338.  Disclaimer  and  tender. 

««  339.  Costs  in  slander. 

«*  340.  Fines  and  forfeitures. 

[  "  341.  Ejectment. 

"  342.  Personal  actions. 

*♦  343.  Deft  removing  or  absconding. 

"  344.  Ca.se. 


Sec-  345.  Act  of  1767  revived. 

•'  346.  Removal  of  disabilities. 

"  347.  Bonds,  notes,  accounts. 

**  348.  Foreign  grantees. 

*'  34^  Absence,  no  benefit. 

'*  350.  Confiscated  lands. 

"  351.  Idiots,  lunatics  and  infants. 

"  352.  Residence  beyond  seas. 

♦'  353-  Defendant's  absence  from  Stat«, 

"  354.  Right   of  surety. 

**  355.  Nonsuit — renewal. 

"  356.  Set-off— dismissal. 

♦'  357.  Fraudulent  concealment. 


An  Act  for  limitation  of  Actions^  and  for  avoiding  Suits  in  Law.'f 
Approved  March  26,  1767.  .  Vol.  I.  33. 

For  quieting  of  men's  estates,  and  for  avoiding  of  suits, 
333.  Sec.  I.     Beit  enacted,  That  all  writs  of  formedonj  in   de-  Action?  of 
scender,  formedon  in  remainder,  and   formedon  in  reverter,  of  any  n'muelful? 
lands,  tenements,  hereditaments,    or  any  other  writ,    suit  or  action  [j^p^'J^iyS 
whatsoever,  at  any  time  hereafter  to  be  sued  or  brought,    by   occa-  accruer, 
sion  or  means  of  any  title  or  cause  heretofore  accrued,  happened  or 
fallen,  or   which  may   hereafter  descend,    happen,  or  fall,    shall  be 
sued  and  taken   within  seven  years   next  after  the  passing  of  this 
Act,  or  after  the  title  and  cause  of  action    shall  or  may    descend  or 
accrue  to  the  same,  and  at  no  time  after  the  said   seven  years  f  and 

*For  Act  limiting  applications  for  certioraries  to  six  months,  see  Art.  V.  "Certiora- 
ries,"  &c.  sec.  234. 

As  to  enforcement  of  judgments  against  purchasers  who  have  been  in  possession 
■without  notice,  see  Art.  III.  "Action,"  "Verdicts,  Judgments,"  &c.  sec  138,  of  this 
title. 

For  Act  limiting  the  time  for  entering  caveats  to  wills,  see  "  Executors,  Administra- 
tors," &c.  sec.  195. 

For  Acts  limiting  the  time  for  making  election  and  application  for  dower,  see  title 
«*DoM'er,"  sees.  1,  8,  9. 

For  Aces  limiting  the  time  within  which  minors  may  commence  suit  against  executor, 
administrator,  or  guardian  dismissed,  see  "Executors,  Administrators,"  &c.  sec.  165. 

For  limitation  as  to  indictments,  see  "Penal  Laws,"  sec.  328. 

tThis  Act  was  repealed  7th  Dec.  1805 — partially  revived  by  Act  of  20th  June,  1806, 
and  fuUy  r-evivedSth  Dec.  1806,  and  all  militating  Acts  repealed.  The  Act  of  1805,  con- 
sequently^ is  of  force  only  xohere  it  does  not  confiict  with  this  Act. 

jThese  writs  are  obsolete,  since  the  abolition  of  entails. 

(1.)  As  to  effect  of  Statutes  of  Limitation  in  Courts  of  Equity,  see  8  Kelly,  383,  7  Ga.  154, 
8    Ga.  97,  106,  oil. 

(2.)  If  the  claimant  be  dead  at  the  time  of  its  accrual,  the  Statute  does  not  run  until 
administration  is   granted.     1   Kelly,  379,  538.     6  Ga.  310.     Equity  may  enjoin,     7  Ga.  589. 

Adverse  possession  for  seven  years,  creates  a  good  title.     4   Ga.  110,  5  Ga.  40. 

As  to- what  is  adverse  possession,  4  Ga.  116,  308  ;  5  Ga.  6. 

The  Statute  does  not  run  against  the  State.     4  Ga.  116. 

Fraud  as  a  repHcationto  the  Statute.     4  Ga.  308,  8  Ga.  1. 

The  Statute  does  not  run  the  twelve  months  in  wliich  suit  cannot  be  brought  against 
administrator  or  executor.     5  Ga.  66. 

The  right  of  entry  is  barred  as  well  as  the  right  of  action.     5  Ga,  261. 

The  Statute  does  not  run  until  the  grant  is  issued.     6  Ga.  158. 

This  Statute  does  not  apply  to  widow's  dower.     7  Ga,  20. 

If  the  tenant  disclaims  title,  the  Statute  does  not  run.     7   Ga.  387. 

In  cases  of  trust,  see  8  Ga.  97. 


560         JUDICIARY.— Sup'r  and  Inf'r  C'ts— Z.i>n.  of  Ad.— 17^7. 

Disabilities — Twenty  years'  possession. 

that  no  person  or  persons  that  now  hath  or  have,  or  which  here- 
after may  have,  any  right  or  title  of  entry  into  any  lands,  tenements,  or 
hereditaments,  shall  at  any  time  hereafter  make  any  entry,  but  with- 
in seven  years  next  after  the  passing  of  this  Act,  or  after  his  or  their 
right  or  title  shall  or  may  descend  or  accrue  to  the  same  ;  and  in  de- 
fault thereof,  such  person  so  not  entering,  and  their  heirs,  shall  be 
utterly  excluded  and  disfbled  from  such  entry  after  to  be  made : 
Or  3 years  Provided  nevertheless,  that  if  any  person  or  persons  that  is  or  shall 
vai  of  disa-  be  entitled  to  such  writ  or  writs,  or  that  hath  or  shall  have  such 
*''^'  right  or  title  of  entry,  be,  or  shall  be  at  the  time  of  such  right  or  ti- 
tle first  descended,  accrued,  come,  or  fallen,  within  the  age  of  one 
and  twenty  years,  feme  coverts,  tion  compos  jnentis,^  imprisoned,  or 
beyond  seas,*  that  then  such  person  and  persons,  and  his  and  their 
heir  and  heirs,  shall  or  may,  notwithstanding  the  said  seven  years  are 
expired,  bring  his,  her,  or  their  action,  or  make  his,  her,  or  their  en- 
try, as  he,  she,  or  they  might  have  done  before  this  Act,  so  as  such 
person  and  persons,  or  his,  her  or  their  heir  and  heirs,  shall,  within 
three  years  next  after  his,  her  or  their  full  age,  discoverture,  coming  of 
sound  mind,  enlargement  out  of  prison,  or  returning  from  beyond 
seas,  take  benefit  of  and  sue  for  the  same,  and  at  no  time  after  the 
said  three  years. 

And  for  the  better  and  more  perfect  quieting  of  men's  possessions 
and  estates,  and  avoiding  of  suits, 
Gu;?t  po?;-        333.   Sec.  II.     Be  it  enacted,  That  all  and  every  person  and  per- 
•S^y'rs,  good  sons  whatsocvcr,  now  in  possession    of  any   lots,  lands,    tenements, 
^'^^^'  or  hereditaments  whatsoever,  within  this  province,  derived  from  any 

grant,  allotment,  or  other  power  or  authority  whatsoever,  by,  from, 
or  under  the  late  trustees  for  establishing  this  colony,  or  their  presi- 
dent and  assistants,  or  from  any  other  person  or  persons  whatsoever 
under  their  authority,  or  by  or  from  any  grant  from  his  late  majesty, 
(of  blessed  memory,)  or  from  his  present  majesty,  or  by  or  under  any 
last  will  and  testament,  purchase  or  purchases,  whether  by  deed  of 
gift,  bill  of  sale,  or  other  conveyance  whatsoever,  for  lawful  or  valu- 
able consideration,  and  where  the  person  or  persons  now  in  the  pos- 
session of  the  said  lands,  tenements,  or  hereditaments,  do  possess, 
hold,  and  claim  the  same,  as  of  his,  her,  or  their  own  proper  right  in 
fee  simple,  and  the  person  or  persons  so  in  possession,  or  the  person 
or  persons  under  whom  they  cla'm,  have  severally  or  successively 
been  quietly  possessed  of  the  same  under  any  of  the  titles,  ways  or 
means  aforesaid,  and  without  lawful  interruption  by  suit  or  action  at 
law  actually  commenced,  enjoyed  the  same  for  the  space  of  twen- 
ty years  before  the  passing  of  this  Act,  that  then  such  person  and 
persons  so  in  possession  as  aforesaid,  shall  have  good  right  and  title 
to  the  same,  and  shall  have,  hold,  and  enjoy  the  said  lands,  tene- 
ments, and  hereditaments  unto  him,  her,  or  them,  his,  her  or  their 
heirs  or  assigns  forever  in  fee  simple,  against  all  and  every  other  per- 

*See  Act  of  1817,  sec.  851,  as  to  idiots,  lunatics  and  infants,  and  sec.  352,  astopei3on» 
beyond  seas. 

(1.)  Statute  runs  from  restoration  to  scnit)'.     7  Ga.  484, 


JUDICIARY.— Sup'r  and  Inf V.  C'TS—Lim.  of  Act,— 1 767.         56 1 

Under -Claimants — Personal  Actions. 

son  and  persons  whatsoever,  any  thing  hereinbefore  contained  to  the 
contrary  notwithstanding. 

334.  Sec.  III.     Not  only  the  person  or  persons  who  are  or  shall  umiprdaim- 

,,  r         ^  ^     1  •'.^  ^.,.  ,.,.  ants  barrel  | 

be  hereaiter  barred,  by  not  snmg  or  prosecntmg  his  or  their  claims  to  in  nke  mua- 
any  lands,  tenements,  or  hereditaments  in  this  province    within  the  ^^^ 
time  limited  by  this  Act,  but  also  ail  manner  of  persons  whatsoever, 
that  shall  at  any  time  claim  under  such  person  or  persons,  who  have 
lost  or  may  hereafter  lose  their  right,  by  neglecting  to  sue  and  pros- 
ecute his  or  their  claim  as  aforesaid,  shall  be  in  like  manner  barred 
by  this  Act,  as  his,  her  or  their  ancestor  or  ancestors,  or  those  under 
whom  they  claim,  were  or  would  have  hereby  been,    and  that    this  tw^  Act  to 
Act,  and  such  clause  or  clauses  herein  as  relate  to  the  matters    afore-  evilLm^e  '^ 
said,  may  be  given  in  evidence  to  a  Jury  upon  a  trial    of  any  claim,  ^'^^  "^'"^'• 
matter,  or  right  to  aay  lands  or  tenements  in  question  between  party 
and  party,    and  that  the    Chief  Justice  and  Judges  upon  all   such 
trials  shall  allow    the  same  to  be  given  in  evidence,   so  far  as  con- 
cerns the  said  matter  in  diiference. 

And  to  prevent  any  disputes  how  claims  are  to  be  made  to  lands, 
and  Avhat  claims  shall  be  allowed  to  be  good  and  effectual  in  this 
province,  and  that  the  possessors  of  lands  may  know  how  and  in 
what  manner  other'persons  having  or  laying  claim  to  any  lands  or 
tenements  in  their  possession  must  claim  the  same,  and  also  that  per- 
sons having  right  or  title  to  lands  or  tenements  possessed  by  others 
may  the  better  know  how  to  claim  or  demand  their  right  in  such 
case. 

335.  Sec.  lY.     Beit  enacted j  That  all  and  every  person  and  per- ciajms to 
sons  whatsoever,  making  claim  to  any  lands  or   tenements    in   this  by^suit^oJy. 
province,  in  order  to  make  such  claim  -effectual,  shall  and  are  to  make 

the  same  by  action  at  Law,  duly  entered  in  the  general.  Court  of  Pleas 
iii  this  province,*  and  that  the  Cliief  Justice  and  Judges  of  the  said 
Court  do  allow  of  no  claim  to  any  lands  or  tenements,  for  or  by  any 
person  or  persons,  in  any  suit  or  suits  that  may  be  brought,  sued,  or 
prosecuted  in  the  said  Court,  other  than  what  is  or  has  been  made 
by  action  or  suit  on  record  as  aforesaid,  any  law,  custom,  usage,  or 
practice  to  the  contrary  notwithstanding. 

336.  Sec.  V.     All  actions- ■  of  trespass  9'?ia?'e  clan  stun  f regit,    all  rcrson-Ai  ac 
actions  of  trespass,  detinue,  actions  of  trover  and  replevin,  for  tak-  *'"'^^- 
iag  away  goods  and  cattle,  all  actions  upon  account  and  upon  the 

case,  (other  than  such  accounts  as  concern  the  trade  of  merchandize 
between  merchant  and  merchant,  their  factors  or  servants,!  all  ac- 
tions of  debt  grounded  upon  any  lending  or  contract  without  spe- 
cialty, all  actions  of  debt  for  arrearages  of  rent,)  and  all  actions  of 
assault,  menace,  and  battery,  wounding  and  imprisonment,  or  any  of 
them,  which  shall  be  sued  or  brought  at  any  time  after  the  passing  of 
this  Act,  shall  be  commenced  and  sued  within  the  time  and  limita- 
tion hereinafter  expressed,  and  not  afterwards,^  that   is  to   say,    the 

♦Superior  Court  of  the  County  where  the  land  lies  by  the  Constitution  of  1798. 
fThe  second  member  of  the  parenthesis  should  be  here.    The  mistake  being  in  the 
enrolling,  it  cannot  be  corrected, 
fExplained  by  Act  of  1817,  sec.  356. 

n 


562         JUDICIARY.— Sup'r  and  Inf'r  C'Ts—Lim.  of  Act— 1767. 


Reversal  or  arrest  of  judgment — Disclaimer — Damages. 


Case, ac-  said  actioHs  upon  the  case,  (other  than  for  slander.)  and  the  said  ac- 
pa^s  debC  tions  for  account,  and  the  said  actions  for  trespass,  debt,  detinue,  and 
replevin,  Tcplevin  for  goods  and  cattle,  and  the  said  actions  of  trespass  quare 
four  years.    c/a?(sz«?i /rgo-/^^  within  thrcc  ycars  next  after  the  passing  of  this  Act, 

or  within  four  years  next  after  the  cause  of  such  actions  or  suits,  and 
Trespass, as- not  after  ;^  and  the  said  actions  of  trespass,  assault,  batterv.  wound- 
r>-,  wound-  mg,  miprisonment,  or  any  oi  them,  witnm  one  year  after  the  passing 
cnmeXt^voOf  ^his  Act,  or  withiu  two  years  next  after  the  cause  of  such  action 
IS?  for  ^^  ^^^^  ^^^  ^^^^  ^^^^^  5  ^^^^  ^^^^  said  actions  upon  the  case  for  words, 
words,  six   within  six  months  after  the  passins:  of  this  Act,  or  within  six  months 

next  after  the  words  spoken,  and  not  after.* 

J"vSJai''of       ^^'^'  ^^^'  ^^'    -^^'^^^  any  of  the  said  actions  or  suits,  judgment  shall 
judgment,    be  givcu  for  the  plaintiff,  and  the  same  be  reversed  by  error,  or  a  ver- 
be  renewed  uict  pass  lor  the  plaint  lit,  and  upon  matter  alleged  in  arrest  of  judg- 
withm  cue  j^-^g,^t,  the  judgment  be  given  against  the  plaintiff,  that  he  take  noth- 
ing by  his  plaint,  writ,  or  bill,  or  if  any  the   said   actions    shall   be 
brought  by  original,  and  the  defendants  therein  be  outlawed,  and  shall 
after  reverse  the  outlawry,  tlmt  in  all  such  cases  the  party   plaintiff, 
his  heirs,  executors,  or  administrators,  as  the  case  shall  require,  may 
commence  a  nevv^  action  or  suit  from  time  to  time,  within  a  year  af- 
ter such  judgment  reversed,   or  such  judgment    given   against    the 
plaintiff,  or  outlawry  reversed,  and  not  after.f 
disclaim?/'       33S.   Sec.  YII.     In  all  actions   of  trespass    quarc  clausum  fregit, 
o?am?nds^^  hereafter  to  be  brought,  wherein  the  defendant    or   defendants   shall 
when  to  be  a  disclaim  ill  his  or  their  plea,  to  make  any  title  or  claim  to  the  land 
actions.       in  wliich  the  trespass  is  by  the  declaration  supposed  to  be  done,  and 
the  trespass  be  by  negligence,  or  involuntary,  the  defendant   or  de- 
fendants shall  be  admitted  to  plead  a  disclaimer,  and  that  the  trespass 
was  by  negligence  or  involuntary,  and  a  tender  or  offer  of  sufficisnt 
amends  for  such  trespass  before  the  action  brought,   whereupon,   or 
upon  some  of  them,  the  plaintiff  or  plaintiffs  shall  be  enforced  to  j^  in 
issue,  and  if  the  said  issue  be  found  for  the  defendant  or  defendai'ts, 
or  the  plainthT  or  plaintiffs  shall  be  nonsuited,  the  plaintiff  or  plain- 
tiffs shall  be  clearly  barred  from  the  said  actions,  and  all  other  suit 
concerning  the  same. 
damages  uii-      339.   Sec.  YIII.     Iu  all  actious  upon  the  case  for  slanderous  words, 
lir^gtVo"^    to  be  sued  or  prosecuted  by  any  person   or   persons  in    the   General 
Court  in  this  province,  or  in  any  other  Court  having  power  to   hold 


more  costs 
Tbau  dama- 
ges. 


♦Legislative  opinion  as  to  tlie  Statue  of  Limitation  rvuiiiing  against  th.e  State,  Acts 
of  1803,  page  3S3. 

tin  case  of  dismissal,  or  non-suit,  may  be  re- commenced  in  six  montlis.  See  Aei  of 
18-17,  sec.  355. 

(1.)  The  Statute  having  commenced  to  run  against  an  action  to  recover  personalty,  is  not 
stopped  by  defendant's  reftiovalfrom  the  State.  5  Ga.  217. 

To  raise  a  new  promise  by  implication,  there  must  be  an  unqualified  acknowledgment  of  a 
present  subsisting  debt.    5  Ga.  483,  6  Ga.  588. 

Where  a  new  promise  is  relied  on,  it  should  be  pleaded.  6  Ga.  21.  If  not  pleaded  thi 
plaintiff  may  amend.     Beard  vs.  Siymnons.    9  Ga.  Rq). 

The  suffi^ioiey  of  a  promise  is  a  question  for  the  Court ;  the^bcf  is  a  question  for  the  Jury, 

6  Qa.  486.   As  to  conditwnal  promise,  see  6  Cra.  486. 

A  new  promise  to  prior  holder  of  piemlssory  note  may  be  sued  on  by  subsequent  holder, 

7  Ga,  505. 


JUDICIARY.— Sup'r  and  Inf'r  C'ts— Li?n.  of  Act.— 1767-1805.     563 

Limitation  on  suits  for  fines  and  forfeitures — Ejectment. 

plea  of  the  same,  after  the  passing  of  this  Act,  if  the  Jury  upon  the 
trial  of  the  issue  in  such  action,  or  the  Jury  that  shall  inquire  of  the 
damages,  do  find  or  assess  the  damages  under  forty  shillings,  then 
the  plaintiff  or  plaintiffs  in  such  action  shall  have  and  recover  only 
so  much  costs  as  the  damages  so  given  or  assessed  amount  unto,  with- 
out any  further  increase  of  the  same,  any  law,  Statute,  custom,  or 
usage  to  the  contrary  ia  any  wise  notwithstanding.^ 

Sec.  IX.  [Allowing  further  time  to  bring  actions  after  the  re- 
moval of  plaintiff's  disability — transcribed  into  the  Act  of  1806,  with 
a  slight  alteration.     See  £©c.  346.]^ 

340.   Sec.  X.    In  all  and  every  case  where  any  penalty,^fine,  or  for-  Limitation 
feiture  whatsoever,  hath  been,  or  shall  hereafter  be   inflicted  or  im-  very  of  fines 
posed  by  any  Act  or  Acts  of  the  General  Assembly  of  this  Province  ures  not^oth- 
already  passed,  or  hereafter  to  be  passed,  and  the  time  of  suing  or  videdVZ*^* 
prosecuting  the  offender  or  offenders,  against  such  Acts  not  thereby 
provided,  no  information,  action,  suit,  or   prosecution    shall    be    had, 
brought,  issued,  or  commenced  against  the    offender    or    offenders, 
against  any  such  Act  or  Acts,  for  or  in  respect  of  any  such    penalty, 
fine  or  forfeiture,  unless  the  same  be  done  within  six  months    after 
the  passing  of  this  Act,  if  the  offence  hath  been  already  committed, 
and  within  the  like  space  of  time  after  the   offence  committed,   for 
the  future  ;  and  all  and  every  offender  and  offenders  against  any  such 
Act  or  Acts,  shall  not  from  thenceforth  be  subject  or  liable    to    any 
penalty,  fine,  or  forfeiture  which  may  thereby  be  inflicted  or  impos- 
ed, any  law,  usage,  or  custom  to  the  contrary  in  any  wise  nothwith- 
standing. 

Sec.  XI.     [Respecting  a  claim  of  Sir  William  Baker — private.] 


A?i  Act  for  the  limitation  of  actions^  and  for  avoiding  suits  at  lnw^ 
and  to  repeal  the  Act  passed  on  that  subject  the  2ijth  March,  1767, 
for  the  better  and  more  (.ffectually  qiiiettng  mens^  possessiotis  and 
estates^  and  for  avoiding  suits  171  laiD.* — Assented  to  Dec.  7,  1805. 
Vol.  II.  269. 

341.  Sec  I.  All  actions  of  ejectment,  or  any  other  suit  or  action  n,{2t^^^"* 
whatsoever,  at  any  time  hereafter,  to  be  sued  or  brought  for  the  re-  Jfo'»g'^t  in 
covery  of  any  lands  or  tenements,  by  occasion  or  means  of  any  title 
which  may  hereafter  descend,  happen,  or  fall,  shall  be  sued  and  tak- 
en within  seven  years  next  after  the  title  and  cause  of  action  shall 
or  may  descend  or  accrue  to  the  same,  and  at  no  time  after  the  said 
seven  years  :  Provided  nevertheless ^  that  if  any  person  or  persons  that 
is  or  shall  be  entitled  to  such  suit  or  action,  be  or  shall  be  at  the  time 
of  right  or  title  first  descended,  accrued,  come,  or  fallen,  within  the 

*By  the  Act  of  December,  1805,  reviving  the  Act  of  1767,  all  Acts  are  repealed 
•which  militate  against  the  intent  and  meaning  of  that  Act,  ^  Portions  of  this  Act  evi- 
dently are  thus  repealed.  The  compiler,  however,  conceives  it  to  be  the  duty  of  the 
Courts,  and  not  of  the  Digester,  to  declare  this  inconsistency.  The  Act  is  therefore  in- 
serted in  fuU,  the  reader  noting  that  where  this  Act  and  that  of  1767  come  in  conflict, 
the  latter  is  the  laio. 

(1.)  Verdict  for  "  ten  cents  and  the  costs," — no  more  costs  than  damages.   5  Ga.  452, 
(2.)  llepealed,  Winn  vs.  Lee,  5  Ga.  Mep.  217- 


564         JUDICIARY.— Sup'r  and  Inf'r  C'ts— Lm.  of  ^c^.— 1805. 

Foreign  Judgments — Defendant  removing  his  property  or  absconding. 

Saving  in  age  of  tweiity-oiie  je^vs,  feme  cove7^t,  non  compos  mentis^  or  impris- 
S,&c."  oned,  that  then  such  person  or  persons  shall  be  at  liberty,  notwith- 
standing the  said  seven  years  are  expired,  to  bring  such  action  or  suit, 
so  as  that  the  same  be  brought  within  three  years  after  his,  her, 
or  their  coming  to,  or  being  of  full  age,  discovert  or  sane  memory,  or 
at  large,  and  at  no  time  after  the  said  three  years. 

342.   Sec.  II.     All  actions  of  trespass,  detinue  and  trover;  all  ac- 
tions of  debt,  whether  upon  specialty  or  simple  contract  ;  all  actions 
of  assault,  menace,  and  battery,   wounding,   and   imprisonment,    or 
any  of  them  which  shall  be  sued  or  brought  at  any   time  after  the 
passing  of  this  Act,  shall  be  commenced  and  sued  within  the   time 
and  limitation  hereinafter  expressed,  and  not  afterward,  that    is   to 
Trcf'pass,  as- gj^y ^    the  Said  actious  of  trespass,  assault,  battery,  wounding,  impris- 
within  one  onmeut,  or  any  oi  them,  w^ithm  one*  year  next   alter  the    cause   ot 
Detfmie,  &:c.  sucli  actiou  or  suit  hath  accrued,  and  not  after.     And  the  said  ac- 
4  years.       tious  of  detiuue,  trovcr,  debt,  (otiicr    than   upon   judgments,)    with- 
in four  years  next  after  the  cause  of  such  actions  or  suits  have  ac- 
Foreign       crucd,  and  not  after;  and  the  said  actions  of  debt  upon  judgments 
jSr^"^'    obtained  in  Courts,  other  than  the  Courts  of  this  State,   within  five 
years  next^  after  the  judgment  shall  have  been  obtained,  and  not  af- 
ter.    And  the  said  actions  upon  the  case  for  Vv^ords,  within  onef  year 
next  after  the  words  spoken,  and  not  after.     Provided  nevertheless^ 
Saving  in  fa-  that  if  any  person  or  persons  who  is  or  shall  be  entitled  to  any  such 
&J."''"'"^'^'^ actions  of  detinue,  trover,  debt,  (other  than  upon  judgments,)  be  cr 
shall  be  at  the  time  of  any  such  action  given  or  accrued,  Vv^thin  tlie 
age  of  twenty-one  years,  feme  covert,  non  compos  mentis,  or  impris- 
oned, that  then  such  person  or  person  shall   be   at   liberty   notwith- 
standing the  times  of  limitation  shall  have  expired,   to  bring  such 
actions  or  suits,  so  that  the  same  be  brought  within  iivoX  years  next 
after  the  coming  to  or  being  of  full   age,    discovert,    of  sane  mem- 
ory, or  at  large,  and  at  no  time  after  the  said  twoj  years.     And  pro- 
vided also,  that  if  any  person  who  is  or  or  shall  be  entitled   to  any 
such  actions  of  trespass,  assault,  menace,  and  battery,   and  impris- 
onment, be,  or  shall  be  at  the  time,  any  such  action  shall  have   ac- 
crued, within  the  age  of  twenty-one  years,  feme  covert,  non  compos 
menlis,  or  miprisoned,  then  such  person  or  pei"Sons  shall  be  at  lib- 
erty, notw^ithstanding  the  time  hereinbefore  limited  for  the  bringing 
of  such  action  shall  have  expired,  to  bring  such  actions  or  suits,   so 
that  the  same  be  brought  withm  one|  year  next  after  the  coming  to 
or  being  of  full  age,  discovert,  of  sane  memory,  or  at  large,   and  at 
no  time  after  the  said  onejyear;  and  that  the  commencing  an  action 
or  actions  within  the  time  limited,  and  afterwards  discontinuing  or  be- 
coming non-suit  in  the  same,  shall  not   defeat  the  operation  of  this 
Act. 
Defendant        343.  S^c.  III.     When  any  person  or  persons  shall   remove   his 
propertyV  property  without  the  limit?  of  this  State,   or  absconds   or  conceals 
d9pr?ved"of  himself,  so  that  his  creditors  cannot  commence  an  action,  the  person 

tlje  benefit  of 

M»ia  Act.  ^^^^  ^^^^g^  ^g  ^y  ^^^  ^^  j^gy^  ^g^  montlis,  by  Act  of  1707. 

XBut  see  Act  of  1806,  sec,  3i6. 

* 

(1.)  In  force  still.  5  Ga,  Rep.  34. 


JUDICIARY.— Sup^R  AND  Inf^r  C'ts— L^w.  of  AcL—\  806.         565 

Ileiuoval  of  disabilities — Defendants  without  the  State. 

SO  removing  his  property,  or  absconding  himself,  shall  not  be  enti- 
tled to  the  benefit  of  this  Act,  but  shall  be  answerable  for  any  just 
demand  against  him,  her,  or  them  ;^  and  this  Act  shall  be  deemed, 
held,  and  taken  as  a  public  Act,  and  the  Judges  of  the  Superior  and 
Justices  of  the  Inferior  Courts  and  Justices  of  the  Peace  within  this  ^"^'^^.^J^^^^t 
State,  shall  be  bound  thereby,  although  the  same  shall  not  be  pleaded,  be  pleaded. 

344.   Sec.  IV.     All  actions  upon  the  case  other  than  for   words  case,  4  j 're 
which  shall  be  said,  (sued,)  or  brought  at  any  time  after  the  passing 
of  this  Act,  shall  be  commenced  and  sued  within  four  years  next  after 
the  cause  of  such  action  or  suit  hath  accrued,  and  not  after. 

Sec.  Y.      [Repeals  the  Act  of  1767,  but  by  Act  of  June,  1806,  it 
was  partially,  and  by  Act  of  Dec.  1806,  fully  reviv^ed.] 


Act  of  26th  June,  1806.     Yol.  11.  303. 

Sec.  I.  [Provided  for  the  renewal  of  suits  commmenced  within 
time  and  dismissed.  Repealed  by  the  Act  of  December,  1S06,  as 
declared  by  the  Supreme  Court. ^] 

Sec  II.  [Revives  the  Act  of  1767,  as  to  all  ''actions  and  causes 
of  action  which  originated  under  it.  "J 

An  Act  to  revive  and  conthiue  in  force  ^^  an  Act  for  the  limitation  of 
auctions,  and  avoiding  Suits  in  Law,''^  passed  the  26^A    day    of 
March,  1767  ;  and  to  wmend  the  5th  und  ^tJi  sections  of  said  J±ct. 
Approved  Dec.  8,  1806.     A^ol.  II.  344. 

345.  Sec.  I.     From  and  immediately  after  the  passing  of  this  Act,  Actof  i767 
the  Act  for  the  limitation  of  actions  and  avoiding  suits  in  law,  pass- ivomist  Feb. 
ed  on  the  26th  day  of  March,  1767,  shall  be,  and  is  hereby  revived  ^'^^' 
and  declared  to  be  in  full  force  and  operatien,  from  the  first  day  of 
February,  1793,  until  this  Act  shall  be  repealed :  And  no  deduction 

in  any  calculation  of  time  shall  be  made  in  the  construction  of  said 
Act  after  the  aforesaid  first  day  of  February,  1793.* 

346.  Sec  II.     If  any  person  or  persons,  that  is  or  shall  be  enti- LimUatfon 

,,  i>-  r  .  T      •  •  n  i.ol  time  after 

tied  to  any  such  action  oi  trespass,  detinue,  action  oi  trover,  replevin,  the  removal 
actions  of  account,  actions  of  debt,  actions  of    trespass  for  assault,  Ses,'^^^^**' 
menace,  battery,  wounding,  or  imprisonment,  actions  on  the  case  for 
words,  be,  or  shall  be  at  the  time  of  any  such  cause  of  action,   giv- 
en or  accrued,  fallen,  or  come  within  the  age  of  twenty-one  years,f 
feme  covert,  7ton  compes  ?nentis,j'  imprisoned,  or  lohere  the  defendant 
shall  remove  out  of  the  jurisdictional  limits  of  this  State.f  that  then  orthcrettim 
such  person  or  persons  shall  be  at  liberty  to  bring  the  same  actions,  thesute.  ^ 
so  as  they  take  the  same  v/ithin  such  times  as  before  is  limited,   af- 
ter their  coming  to,  or  being  of  full  age,  discovert,  of  sane  memory, 
at  large,  or  the  return  of  the  defendant  into  the  same,  as  by  other 

*  See  note  at  the  end  of  this  subdivision. 

tSee  Act  of  1817,  sec.  351.     See  also  Act  of  1839,  sec.  353. 

(1.)  See  5  Ga.  Rep.  217- 

(2.)  Hap-Uon  ^  Wrighi  t«.  Walkor     1  Kelly  34. 


566     JUDICIARY.— Sup'r  and  Inf'r  C'ts— L/w.  oJ  A-^.— 1S09-'13. 

Limitations  on  Bonds,  Notes  and  Accounts. 

persons  having  no  such  impediment  should  be  done.*  Provided 
nevertheless,  that  all  notes,  and  instruments  of  writing,  not  under 
seal,  bearing  date  after  the  passing  of  this  Act,  shall  be  of  the'^same 
dignity  with  specialties,  and  subject  to  the  same  limitations  hereto- 
fore in  force  in  the  case  of  specialties,  any  thing  in  the  5th  and  9th 
sections  of  the  said  Act  to  the  contrary  notwithstanding.! 

Sec.  III.  All  Acts  or  parts  of  Acts  ^vhich  militate  against  the 
intent  and  meaning  of  this  Act,  be,  and  the  same  are  hereby  re- 
pealed. 

Sec  IY.  [Relative  to  Walton  County — rendered  obsolete  by 
the  settlement  of  the  North  Carolina  line.] 


An  Act  to  amend  an  Act.  to  revive  and  coiitinve  in  force  an  Act  for 
theUmitation  of  Actions,  and  avoiding  Suits  in  Law  :  passed  Sth 
JJeceniher,  1S06. — Approved  December  13,  1S09.     Yol.  II.    537. 

Whereas,  some  doubts  exist  as  to  the  period  at  which  bonds,  notes, 
and  open  accounts,  shall  be  limited,   in  consequence   of  the  word 
specialties,  and  other  indefinite  expressions,  being  used  in  the  second 
section  of  the  aforesaid  Act : 
Limitation         347.  Sec.  I.     Be  it  ciiactedj  ^*c.  That  from  and  after  the  passing 
smTmentsI"'  of  this  Act,  all  actious,  founded  on  bonds  or  instruments  under  seal, 
20  years,      shall  be  commeuced  and  sued  within  twenty  years  after  the   said 
bond  or^  other  instrument  shall  become  due,  and  not  after ;  and  that 
Kotes^Gy'rs  all  actions  founded  upon  notes,  and   other  acknowledgments,  under 
the  hand  of  the  party,  shall  be  commenced  within ,  six  years^  from 
the  time  such  note  or  acknowledgment  shall  become  due,  and  not  af- 
Open  ac-  \  tcr  ;  and  that  all  actions  founded  upon  open  account  shall  be  com- 
menced within  four  years  from  the  time  such  account  accrued,  and 
not  after. 

Sec.  II.     All  Acts  and  parts  of  Acts  that  militate  against   this 
law,  shall  be,  and  the  sam^e  are  hereby  repealed. 


counts,  4  y'rs 


An  Act  to  amend  an  Act  entitled  ^*  An  Act  for  the  limitation  of  ac- 
tions, and  for  avoidins:  Suits  in  Law.'' — Approved  December  2, 
1813.     Yol.  III.  30. 

Whereas^  divers  persons,  during  the  time  this  State  was  a  British 
province,  obtamed  grants  for  lands  within  the  same,  and  dm'ing  the 

♦Thus  far  this  section  is  a  transcript  of  the  IXth  of  the  Act.  of  1767,  excepting  the 
part  in  italics,  in  lieu  of  which  that  Act  had  an  exception  in  favor  of  plaintiflfe  beyond 
seas. 

fSee  next  Act,  and  also  Act  of  1839,  sec.  353. 

(1.)  Damages  for  breach  of  a  bond,  is  a  claim  founded  on  a  sealed  instrument,  and  runs 
20  years.     8  Ga.  106. 

When  a  mortgage  is  taken  to  secure  a  note,  the  note  being  barred,  does  not  bar   the  reme 
dy  on  the  mortgage.    8  Ga.  32-5. 
i    (2.)  See  8  Go.  32-5. 

Where  the  action  is  on  a  Statute,  the  statutory  limitation  is  20  years.  8  Ga  468, 


JUDICIARY.— Sup'r  and  Inf'r  C'ts—Lwi.  of  Act.— 1813-' 17.     567 

Foreign  Grantees — Disabilities. 

revolutioiiaiy  war,  and  at  the  expiration  thereof,  fled  from  this  State, 
or  wUo  never  rcvsided  therein :  And  w^vercas,  divers  persons,  good 
citizens  of  this  State,  have  since  the  -revohition  unknoAvingly  sur- 
veyed and  obtained  grants  for  all,  or  a  large  part,  of  many  of  the 
aforesaid  old  surveys,  or  have  become  purchasers,  and  have  settled, 
cultivated,  and  greatly  improved  the  same,  defending  and  supporting 
this  State  ;  and  reason  and  justice  requue  that  they  should  not  be 
disturbed  in  their  possessions  at  this  late  period  :  for  remedy  whereof, 

Sec.  I.   Be  it  enacted,  Sf'c.  That  no  person  or  persons  claiming  any  Forei^ 
lands,  tenements,  or  hereditaments,  by  jiirtue  of  any  grant  or  grants  prL"  trthe 
prior  to  the  revolutionary  Avar,  and  who  never  resided  in  said   prov-  who'have"' 
ince,  or  who  fled  from  this  State  during  that  struggle,  and  who  did  {JaJre?"b"*^ 
not  return  to  this  State  within  twenty-one  years  after  the  treaty    of  younger 
peace  with  Great  Britain,  which  was  in  the  year  1783,  to  make  their  7  years  iioa- 
entry  thereon,  settle,  or  cultivate  the  same,  or  any  part  thereof,  shall '^°''^^''"* 
either  he,  she,  or  they,  or  any  person  or  persons  claiming  under  him, 
her,  or  them,    hereafter  recover  any  such  parts  thereof  as  may  have 
been  since  granted,  from  any  person  or  persons,   who  has    or    have 
since  the  revolution  obtained  a  grant  or  grants,  settled,  or  cultivated 
the  same,  or  any  part  thereof,  for  the  te^'m^  of  seven  years  in  peacea- 
ble possession  ;  nor  from  any  person  or  persons  claiming  under  such 
young  title  as  aforesaid,  where  there  has  heen  an  adverse  possession 
for  the  aforesaid  term  of  seven  years.* 

349.      Sec.  II.  No  saving  or  exception  in  any  Statute  of  Limita- such  gran- 
tions  in  this  State,  providing  for  the  claims  of  persons  resident  be- eme("*by^be°* 
yond  seas,  shall  operate  or  be  so  construed  as  to  benefit  any  persons  j^"!^^^^^ 
whose  grants  have  issued  prior  to  the  revolutionary   war,  and  who 
are  now  subjects  of  the  crown  of  Great  Britain  and    other   foreign 
nations.* 

3.50.  Sec.  III.     Nothing  in  this  Act  contained  shall  affect  or  be  Thia  Act  not 
construed  to  afiect  any  lands  belonging  to,  or  that  ever  did  belong  to  fiscated 
any  person  or  persons,  named  in  the  Act  of  confiscation  and  banish- ^^"*^'' 
ment,  or  bill  of  attainder,  or  any  right  which  this  State  has  to  con- 
fiscated lands,  or  any  right  which  any  citizen  of  the  United   States, 

or  citizen  of  this  State,  may  have  to  any  of  said  lands. 

An  Act  amendatory  to,  and  explanatory  of  the  Statute  of  Limita- 
tions in  this  State  ;  passed  the  7th  Dec.  1805,  so  far  as  it  regards 
Idiots,  Lunatics  and  hifants. — Approved  Dec.  18,  1817.  Yol. 
III.  31. 

Whereas,  many  evils  and  inconveniences  may  arise  from  the  con- 
struction given  to  tke  before  recited  Act,  by  which  the  savings  and 
exceptions  in  favor  of  idiots,  lunatics  and  infants,  mentioned  in  said 
Act,  are  totally  defeated,  and  manifest  injustice  done  thereby  : 

3.51.  Sec  I.     Be  it  enacted,  ^*c.  That  from  and  after  the  passage  constnic- 
of  this  Act,  no  Court  of  Justice  in  this  State,  before  whom  the  plea  ofTdiotsn«- 
of  the  Statute  of  Limitations  may  be   relied  on  or  plead  by  any  de-  fn^f^ja^.^"*^ 

*But  see  treaty  of  1794  with  Great  Britain,  Art.  IX.  8  Statutes  at  Large,  122,  and 
troaty  witli  Spain  of  1795,  Art.  II. — 8  Statutes  at  Large,  144.  See  also  next  Act  virtu- 
ally supersecQng  this  .entire  Act. 


558     JUDICIARY.— Sup'r  and  Inf'r  C'ts— L/m.  ofAct.—lS17-'39. 

.■»'■■      I.  ■  I.  1 1  ■■ 

Noil- residents — Defendant  absconding. 

feiidant  or  defendants,  shall  be  permitted  to  construo  said  Aet  against 
idiots,  lunatics,  or  infants,  as  heretofore  construed ;  but  said  Statute 
of  Limitations,  when  it  has  commenced  running,  shall  not  so  operate 
as  to  defeat  the  interest  ^  acquired  by  idiots,  lunatics,  or  infants,  af- 
ter its  commencement,  but  the  operation  of  said  Statute  shall  cease 
until  the  disability  or  disabilities  of  such  persons  are  removed,  or 
from  the  time  of  the  arrival  of  such  infant  at  the  age  of  twenty-one 
years  f  any  law,  custom,  or  usage  to  the  contrary  notwithstanding. 
No  benefit        352.   Sec.  II.     No  proviso  or  part  of  the  above-recited  Act,  or  any 

to  b©  diirivBd.  X  J.  ^  ¥ 

fromresi-  otlicr  part  or  parts  of  any  Statute  of  Limitations,  which  are  or  hereto- 
tiQ^Euxl  ^^fore  have  been  of  force  in  this  State,  shall  be  so  construed  as  to 
grant  any  privilege,  right,  or  exemption,  to  sny  person  or  persons, 
who  may  reside  in  either  of  the  United  States,  or  the  Territories 
thereof,  or  beyond  seas,  or  elsewhere,  other  than  those  enjoyed  by 
the  citizens  resident  withm  the  limits  of  this  State. 


An  Act  to  amend  an  Act  to  revive  and  conthuie  in  force  an  Act  for 
the  Limitation  of  Actions^  and  avoiding  Suits  in  Laic^  passed 
the  8th  December,  1806,  approveet  December  13thj  1809. — As- 
sented to  Dec.  23, '183-9.     Pam.   147. 

DcfciKiant        353.   Sec.  I.     Be  it  enacted.  That  from  and  after  the   passage  of 


abscond  m<» 
without  the 


cr  removiiiff  this  Act,  all  actious  founded  on  bonds,  or  instruments  under  seal,  shall 


bis  fcure4y. 


guie^"star  be  commenced  and  sued  within  twenty  years  after  the  bond  or  other 
y^*"^**^^  ""instrument  shall  become  due,  except  where  persons  shall  abscond  or 
remove  Avithout  the  limits  of  this  State  ;  and  that  all  actions  found- 
ed upon  notes  and  other  acknowledgments  under  the  hand  of  the 
party,  shall  be  commenced  within  six  years  from  the  time  such 
note  or  acknowledgments  shall  become  due,  and  not  after,  except 
the  person  or  persons  shall  have  removed  without  the  limits  of  this 
State,  or  to  parts  unknown. 
NorafaJnst  354.  Sec.  II.  In  all  cascs  whcrc  any  person  or  persons  shall  be- 
come security  on  any  bond  or  bonds  or  other  instruments  under  theii* 
hands,  the  Act  of  Limitation  shall  not  operate  in  any  case  where  the 
person  or  persons  shall  abscond,  go  to  parts  unknown,  or  remove 
without  the  limits  of  this  State. 

Sec.  III.     All   laws  or  parts  of  lav/s  militating  against  this  Act, 
be,  and  the  same  are  hereby  repealed. 

(1.)  Such  an  interest  as  -will  enable  tliem  to  maintain  an  action  in  tlieir  own  name  by 
guardian.     8  Ga.  1. 

(2.)  Where  there  are  tenants  in  common,  the  disability  of  one  docA  not  inure  to  the 
benefit  of  the  others.     7  Ga.  517. 

If  the  property  be  removed  dviring  the  minority,  the  Statute  will  run  at  ma^rity,  if 
the  tort-feasor  be  within  the  jurisdiction.     7  Ga.  517. 

If  the  title  vests  in  the  executor  or  administrator,  and  he  is  barred,  the  infant  is  also. 
8   Ga.  1. 

In  trover,  by  several  of  different  ages,  a  recovery  can  be  had  in  favor  of  those  not  bar- 
red and  against  those  barred.     8  Ga.  201. 


JUDICIARY.— Sup'r  and  Inf^r  C'rs—Lim.  ofAcf.—lSA7.         509 

Ilemoval  after  non-suit,  &c. — Fraud  of  Defendant. 


An  Act  to  amend  and  explai?i  the  several  Acts  for  the  Limitation  of 
Actions  and  avoiding  Suits  at  Law. — Approved  Dec.  29,    1847.    ^ 
Pam.  217. 

355.  Sec.  I.     Beit  enacted,  That  whenever   any  case   now    or  ^"^^t'I'"- 
hereafter  pending  in  any  of  the  Courts  of  this  State,  either   at    Law  nonsuit, 
or  in  Equity,  commenced  within  the  time  limited  by  lav/,    shall  be 
discontinued,  dismissed,   or  the  plaintiff  therein  become  nonsuited, 

and  the  plaintiff 's  claim,  may  be   barred  during  the    pending    thereof 
by  any  law  now  in  force  in  this  State,  the  plaintiff  may,  at  any  time  may  rtcom- 
within  six  months  from  such  termination  of  the  case,  and  not  after,  m  e'm.jnfctis. 
renew  or  recommence  the  same,  in  any  Court    having   jurisdiction 
thereof  in  this  State,  any  law,  usage  or  custom  to  the  contrary  not- 
withstanding :   Provided^  that  nothhig  in  this  Act  shall  be  construed  once. 
so  as  to  authorize  tiie  renewal  of  any  case  after  a  second  discontinu- 
ance, dismissal,  or  nonsuit. 

356.  Sec  II.     When  any  claim    or  demand   whatever  shall   be  sct-c/r 
pleaded  as  a  set-off,  or  as  a  defence    to    any  suit    or  action,   either  at  piaSll' d^s*^- 
LaAV  or  in  Equity,  in  any  case  which  may   be  dismissed,   discontin-  "Je'^^jJ^s  act 
ued,  or  become  nonsuit  as  aforesaid,  or  where  such  defence    may  be  ^'^' 
disposed  of,  without  a  finar  hearing   upon    the    merits  thereof,    that 

then  and  in  that  case,  all  such  matters  of  defence  shall  be  saved  from 
the  operation  of  the  Statute  of  Limitations,  under  the  regulations  and 
instructions,  and  for  the  time  aforesaid. 


An  Act  to  explain  the  fifth  section  of  an  Act  approved  March  26thj 
1767,  entitled  an  Act  Jo r  tJie  Liniitatioji  of  Actions  and  avoiding 
Suits  in  Law. — Approved  Dec.  30,  1847.     Pam.   218. 

357.   Sec.  I.     Be  it  enacted^  ^"c.   That  nothing  in  the  said    fifth  Effort  of 
section  shall  be  so  construed  as  to  protect  any  defendant  or  defend-  removJ^r 
ants  from  any  action  at  any  time  where  the  Jury  are    satisfied  that  by^jj^-''^'^^''^* 
there  has  been  a  fraudulent  removal  or  concealment  of  the   property 
in  order  to  deprive  the  rightful  owner  of  the    possession    or    enjoy- 
ment of  the  same — any  law,  usage  or    custom  to  the    contrary   not- 
withstanding. 


SUSPENSIONS  OF  THE  ACTS  OF  LBITTATION. 

The  Act  of  limitation  was  suspended  from  1st  of  July,  1775,  down  to  th.e  Ist  of  Feb- 
ruary, 1793.     See  Vol.  I.  36,  7. 

The  first  alleviating  Act  [Vol.  II.  426,]  was  passed  23d  May,  1808.  and  repealed  the 
20th  Dec.  of  the  same  j^ear,  by  the  Act  caUed  the  thirding  la^v,  [Vol.  II.  418.]  If  we 
exclude  the  day  the  Act  was  passed,  and  include  that  of  its  repeal,  we  have  211  days 
during  which  the  Statutes  of  Limitation  of  actions  were  totally  suspended,  except  for  the 
recovery  of  taxes  and  penalties,  and  in  attachment  and  claim  cases. 

By  sec.  5,  of  the  alleviation  law  of  27th  Nov.  1812,  [Vol.  III.  34,]  the  Acts  of  limi- 
tation were  suspended,  "  except  as  relates  to  real  estate,"  from  the  30th  of  that  months 
(sec.  1  )  to  the  6th  Dec.  1813,  1  year  and  6  days. 

This  Act,  howevOT,  allowed  suits  to  be  brought. 

72 


^rO         JUDICIARY.— Sup'u  AND  Inf'r  C'Ts~3Iortgages—1799. 

Foreclosure  on  real  estate. 

Against  persons  refusing  to  liquidate  their  accounts,  sec.  4  ; 

Against  principals  and  sureties,  at  the  instance  of  the  latter,  sec.  6 ; 

Against  debtors  v>-ho  were  squandering  their  estates,  sec.  7; 

Against  delinquent  executors,  administrators,  or  guardians,  sec.  13; 

By  attachment  against  absconding  debtors,  sec.  12  ; 

By  bill  in  Chancery  for  certam  purposes  ; 

And  for  fines,  forfeitvires,  and  other  moneys  due  the  public,  or  due  to  banks ;  for 
rent,  and  for  tuition  money,  sec.  8. 

By  the  supplementary  Act  of  6th  December,  1813,  [Yol.  III.  33,]  there  was  a  fur- 
ther suspension  until  25th  December,  181-i,  when  the  Act  expired;  say  1  year  and  19 
days 

This  Statute  enlarged  the  list  of  exceptions  in  the  last,  and  allowed  actions  to  be 
brought  also  for  slanderous  words,  sec.  2  ;  and  on  written  instruments  given  for  titles 
to  land,  sec.  5, 


To  be  taken  out  for  the  first  suspension,  from  the  23d  May,  1808, 
exclusive,  to  20th  Dec.  1808,  inclusive, 

for  the  second  (in  cases   not   excepted   by  the 

Statute,)  from  30th  Nov.    1812,  exclusive,  to   the  6th 
Dec.  1813,  inclusive, 

for  the  third  (in  cases  not  excepted  either  by  this 


Yeai' 
0 


Act  or  last,)   from  Gth  Dec.  1813,  exclusive,   to   25th 
Dec.  131-i,  inclusive, 


Days. 
211 


19 


Total,         2  233 

That  is  to  say,  two  years  and  seven  calendar  months,   (allowing  4  of  30,  and  3  of  31 
days  each,)  and  23  days  over. — Priiice, 


AUT.  XYI.    MORTGAGES.* 


Sec.  358.  Foreclosure  on  Eealtv. 
"     359.  On  Personalty. 
*'     360.  Foreclosure  in  six  months. 


Sec.  331.  Hule  absolute,  2d  term. 
"     362,  Agent  or  attorney,  foreclose. 


Judiciary  Act  of  1799.     Yol.  I.  292. 

MORTGAGES    ON  REAL  ESTATES. 

Foreciopure  358.  Sec.  XYII.  The  method  of  foreclosmof  morto^ao^es  on  real 
on  real  V-  estatc,  ill  tliis  State,  be  as  follows  :  Any  person  applying,  and  entitled 
*^^*^*  to  foreclose  such  mortgage,  or  his,  her  or  their  attorney,    shall  peti- 

tion the  Superior  Court  of  the  County  wherein  such  mortgaged 
property  may  be,  stating  the  case  and  the  amount  of  his,  her,  or 
their  demand,  and  describing  such  mortgaged  property ;  and  the 
Court  shall  grant  a  rule,  that  the  principal^  interest,  and  cost  shall  bo 
paid  into  Court,  within  twelve  monthsf  thereafter,  which  rule  shall 
be  published  in  one  of  the  public  gazettes  of  this  State  at  least  once 
in  every  month,  until  the  time  appointed  for  payment, J  or  served  on 
the  mortgager,  or  his  special  agent,  at  least  six'§>  months  previous  to 
the  time  the  money  is  directed  to  be  paid ;  and  unless  the  principal, 
interest,  and  cost.be  so  paid,   the  Court  shall   give  judgment  for 


*For  the  various  Acts  in  relation  to  the  execution  and  registr}'  of  mortgages,  their 
lien,  and  the  right  of  redemption  ui  voxmger  mortgagees,  see  '♦  Conveyances  andKegis- 
try." 

For  Act  requiring  purchaser  of  mortgaged  property  at  Sheriff's  sale  to  give  bond  for  its 
forthcoming,  see  Art.  III.     "Action,"  "  Execution,  Sale,"  &c.  sec.  185,  of  this  title. 

For  Acts  authorizing  aliens  to  take  mortgages  on  real  estate  and  foreclose  the  same, 
see  title  "Foreigners,"  sec.  5. 

fSix  months,  sec.  360  ;  Rule  absolute  at  the  next  term,  sec.  361. 

JFour  months,  sec.  360.  §Three  mouths,  sec.  360. 


JUDICIARY.— Sup'u  AND  Inf'r  C't^-— Mortgages— 17 m,         571 

Foreclosure  on  Personalty. 

.^.—  ■■.         --  —■■■——.  I    i  ■— ■■^^-  I  ,1  ,        ,      ■  I         ■  ■.„..,,■  ^,    II  .  .  ...  i^.i.   ■■■■■■Ill  ■iiiiii,< 

the  amount  which  may  be  due  on  such  mortgage,  and  order  the 
property  mortgaged  to  be  sold  in  such  manner  as  is  prescribed  in 
cases  of  execution,  and  the  money  shall  be  paid  to  the  mortgagee  or 
his  attorney  ;  but  where  there  shall  be  any  surplus,  the  same  shall 
be  paid  over  to  the  mortgager  or  his  agent.  And  in  case  of  any  dis-  Dofenc©.  j 
pute  as  to  the  amount  due  on  any  mortgage,  if  the  mortgager  shall 
appear  within  the  time  prescribed  by  this  Act,  and  make  affidavit  that 
he  hath  made  payments  which  have  not  been  credited  on  the 
said  mortgage,  or  that  he  is  entitled  to  sets-off  which  in  Equity  ought 
to  be  allowed,  the  Court  shall  appoint  one  or  more  fit  person  or  per- 
sons to  audit  and  liquidate  the  same  ;^  but  either  party  shall  be  enti- 
tled to  anew  trial  therefrom,  which  shall  be  tried  in  like  manner  as 
shall  be  prescribed  for  the  trial  of  appeals  in  other  cases. 

MORTGAGES  OF    PERSONAL    PROPERTY. 

359.  Sec.  XYIII.  Mortgages  of  personal  property  shall  be  fore- <^'i' pe''^<^na^ 
closed  in  the  following  manner  :  Any  person  or  person?*  holding  a 
mortgage  on  personal  property,  and  wishing  to  foreclose  the  same, 
shall  make  application  to  one  of  the  Judges  of  the  Superior  or  Jus- 
tices of  the  Inferior  Courts,  and  make  affidavit  before  him  of  the 
mnount  of  principal  and  interest  due  on  such  mortgage,  which  affi- 
davit shall  be  annexed  to  such  mortgage,  and  thereupon  the  Clerk  of 
the  Superior  or  Inferior  Courts  shall  issue  execution  as  on  a  judg- 
ment, which  execution  being  delivered  to  the  Sheriff,  it  shall  be  his 
duty  to  levy  on  the  property  wheresoever  the  same  may  be  found, 
and  after  advertising  the  same  in  one  or  more  of  the  public  gazettes 
of  tliis  State  at  least  sixty  days,  the  Sheriff  shall  set  up  and  expose  the 
same  to  sale,  and  the  money  arising  from  such  sale  shall  be  first 
applied  to  discharge  the  amount  due  on  such  mortgage,  and  all  legal 
costs,  and  the  overplus,  if  any,  to  be  paid  to  the  mortgager  :  Pro- 
vided always^  that  if  any  dispute  shall  happen  as  to  the  sum  due  on  Defence, 
any  mortgage,  that  it  shall  and  may  be  lawful  for  the  said  Judge  or 
Justices  of  the  Inferior  Courts,  on  affidavit,  to  order  such  sale  to  be 
postponed,  the  mortgager  giving  bond,  with  good  and  sufficient  secu- 
rity in  double  the  sum  sworn  to  be  due,  for  returning  such  property 
when  called  for  by  the  Sheriff,  which  bond  shall  be  assignable  by  the 
Sheriff  to  the  mortgagee,  who  may  sue  and  recover  thereon  ;  but  the 
Jury  shall  be  sworn  to  give  at  least  twenty-five  per  cent,  damages,  in 
case  it  shall  appear  that  such  application  was  intended  for  delay 
.  only.^ 

*His  ageat  or  attorney,      sec.  362. 

(1.)  Usury  maybe  set  up  as  a  defence.     1  Kelly,  392. 

Third  persons  cannot  object  until  made  paities  by  tbe  judgment  of  the  Court.  3 
Kelly,  174. 

(2.)  When  property  is  sold  subject  to  mortgage,  the  purchaser  buys  the  equity  of 
redemption.  After  foreclosure,  the  proceeds  must  go  according  to  oldest  lien,  as  a  gen- 
eral rule.     7  Ga.  188. 


572       JUDICIARY.— Sup'r  and  Inf'r  C'ts— Mortgages— 1S29-'39. 

llule  absokite,  se:'-ond  term — Attorney  or  Agent  may  foreclose. 

An  Act  to  amend  an  Act  entitled  '^  an  Act  to  amend  the  Judiciary  of 
1799,  so  far  as  relates  to  Mortgages  on  Real  Eslate.^^^ — Approv- 
ed Deo.  21,  1829.     Vol.  lY.  230. 

Mrrt?;a?:e3         360.  Fi'om  aiicl  after  the  passage  of  this  Act,  when  any  person  or 
ute  w'bT    persons,  his,  her,  or  their  agent  or  attorney,  shall  petition  the  Superior 
e  moS!  *"  Coart  as  ])rescribed  by  the  Judiciary  of  1799,    for  the  foreclosure  of 
Fix  months'  any  mortgage  on  re<al  estate,    the    Court  shall  grant  a  rule  directing 
JranSfL^     that  tlic  principal  and  cost  shall  be  paid  into  Court  within  six  months 
iS^bl^^giveT  thereafter,  which  rule  shall   be  published  in   one    of  the  public   ga- 
zettes of  this  ^tate,  once  a  month  for  four  months,  or  served  on  the 
mortgager,  or  his,  her,  or  their  special  agent  of  attorney,  at  least  three 
months  previous  to  the  time  the  money  is    directed  to  be  paid ;  pro- 
vided  that  nothing  in  this  Act  shall  be   so  construed  as  to  affect  any 
mortgage  which  may  exist  at  the  time  of  the  passage  of  this  Act. 

Sec.   II.     So  much  of  the  said  Judiciary  of  1799  and   of  the  said 
amendatory  Act  as  militates  against  this,  is  hereby  repealed. 


An  Act  to  alter  and  amend  the  several   Acts    reg (dating  the  Jorcchs 
ures  of  Mortgages   Uj)07i  Real  Estate. — This  Act  approved  Dec, 
26,  1836.  Pam.  164. 

R'jieat>?0'  361.  From  and  after  the  passage  of  this  Act,  in  all  cases  where 
f^.i<Jd  a  any  application  shall  be  made  to  any  Superior  Court  of  this  State, 
term.^^*  for  the  foreclosure  of  any  mortgage  upon  real  estate,  it  shall  be  the 
duty  of  such  Court  to  pass  an  order,  requiring  the  mortgager  to  pay 
the  prmcipal  and  interest  due  upon  such  mortgage,  into  Court,  on  or 
before  the  first  day  of  the  next  term,  which  order  shall  be  served  or 
published  in  the  manner  now  required  by  law  ;  and  if  such  order  be 
not  complied  with  by  the  mortgager,  the  Court  may  at  such  term^ 
pass  a  rule  absolute  for  the  sale  of  the  mortgaged  property. 


An  Act  to  amend  the  eighteenth  section  of  the  Act  passed  on  the  six- 
teenth of  February^  1799,  entitled  "  a7^  Act  to  revise  and.  amend 
the  Judiciary  system  of  this  State.''' — Assented  to  Dec.  21,  1839. 
Pam.  137. 

AKfntorat-      362.  Sec.  I.     Be  It  enacted,  That  from  and  after  the  passage  of 

SS^^^^  this  Act,  mortgages  upon  personal  property  may  be    foreclosed  upon 

the  affidavit  of  the  agent  or  attorney  in   fact  or  at  law,  of  the  person 

or  persons  holding  such  mortgage,  as  to  the  amount  due. 

In  County  of     Sec.  II.     All  such  mortgage  shall  be  foreclosed,  and   execution 

I^iSI^  ^  issue,  in  the  County  where  the  mortgagers  resided  at  the  time  of  th^ 

execution  of  the  same,  if  resident  of  this  State. 

♦This  Act  is  omitted,  being  entirely  superseded.     (See  vol.  IV.  218,)     It  require^i 
this  rule  to  be  published  once  a  month  for  six  months. 


JUDICTxiRY.— Sup'r  and  Inf'r  C'ts— Officers  CV— 1799. 


5/  •> 


Officers  of  Court— Clerk— Duty— Oatli. 


AUT.  XYII.  OFFICERS  OFCOURT.* 

(INCLUDIXG  CLElilCS,    SUERIFVS,     ATTOIIXEYS,  &C.) 


363. 

Clerk,  cUity,  Records. 

Sec 

.378. 

364. 

Bond,  oath,  jjoAver. 

n 

379. 

365. 

No  Attorney.  Clerk  of  botli. 

<( 

380. 

366. 

Attorney  and  Sol  General. 

ii. 

381. 

367. 

Sheriff's  dvity,  bond,  oath. 

'< 

382. 

368. 

Deputy,  liability. 

(( 

obo. 

369. 

Uniinished  business. 

(( 

384. 

370. 

Liability  of  Sheriffs. 

u 

385. 

371. 

lieracdies  against. 

ii 

386. 

372. 

Indictment  for  malpractice. 

a 

387. 

373. 

Neglect  of  duty,  penalty. 

ii 

388. 

374. 

Satisfaction  of  Judgments. 

a 

389. 

375. 

Satisfaction  docket. 

i( 

390. 

376. 

Subpoena  and  Crim.  docket. 

n 

391. 

377. 

Sheriff's  docket. 

k( 

392. 

Sec.  363.  Clerk,  dxity,  Records.  Sec.  378.  Defaulting  Attorney. 

Sheriff  of  adjoining  Cormty. 

20  per  cent  for  default. 

Copy  of  demand. 

Traverse  of  returns. 

Rules  vs.  absent  Sheriff. 

20  per  cent  after  rule. 

Ride  vs.  Depxity. 

Rules  in  vacation. 

Special  officers. 

Advertisement  of  sales. 

Deputy,  same  paper. 

Purchase   by  Sheriff  or  Deputy. 

Misdemeanor. 

Dieting,  working  slaves. 

Judiciary  Act  of  1799— YoL  I.  292. 

CLERKS. f 

363.  Sec.  XXXIY.     The  Clerks  of  the  several   Courts    in    this  cicrk'odatr. 
State,  shall  copy  into  a  book  of  record,  all  the  proceedings  in  all  civil 

cases  in  the  said  Courts  respectively,  which  entry  of  record  shall  be  necoMs. 
made  v^^ithin  forty  daysj  after  the  determination  of  any  cause;  and 
the  said  Clerks  shall  be  allowed  the  sum  of  ten  cents  for  every  hun- 
dred words  of  recording  such  proceeding,  to  be  taxed  in  the  bill  of 
cost.  And  the  said  Clerks  shall  also  keep  regular  and  fair  minutes  of  Minutes, 
ail  the  proceedings  in  any  of  the  said  Courts,  which  shall  be  signed 
by  X\iQ  Judge  of  the  Supej'ior,  or  presiding  Justices  of  the  Inferior 
Courts  (as  the  case  may  be)  prior  to  the  adjournment  from  day  to  day, 

364.  Sec.   XXXY.     The  Clerks  of  the  said  Superior  and  Inferior  Ma<^t  &=» 
Courts,  hereafter  to  be  appointed,    shall,  before  they   enter  upon  the  pive'TwiiT'* 
duties  of  their  appointments,    and   after   being  commissioned  by  the  ^""^ ''''^''"•'^ 
Governor,  take  the  following  oath  before  one   of  the  Judges  of  the- 
Superior  Courts,  or  a  Justice  of  the  Inferior  Court  of  the  County  :   "I 

do  solemnly  swear  (or  affirm)  that  I  will    truly    and  faithfully  enter  The  cath. 
and  record  all  the  orders,  decrees,  judgments,   and  other  proceedings 
of  the  Superior  (or  Inferior)   Court   of  the  County  of ,  and  all 

*For  Act  authorizing  officers  of  adjoining  County  to  act  where  none  are  electe.l,    see 
Art.  III.  "  Action,"  "  Commencement,  &c."  sec.  74  of  this  title. 
For  fees  of  several  officers,    see  title  **  Fees." 
As  to  liability  of  Attorneys  for  Cost,   sec  Art.  III.  "Action  "  "='  Cost3  "  sec.  261,  164, 

ica. 

Infant  Attorneys,  for  their  contracts,  see   ''Attorneys,'*  sec.  12. 
,    As  to  election  and  qualification  and  duties  of  Clerks  and  Sheriff,  see  further,  *«Countly 
Officers." 

For  Act  authorizing  Judge  of  the  Superior  Court,  to  appoint  a  Sheriff  and  Clerk  tem- 
jorarlly  in  certain  cases,  see  "  County  Oificers,"  sec.  69. 

For  Act  regulating  testimony  of  Attys.  in  certain  cases,   see  "  Evidence,"  sec.  45. 

For   Sheriff's  dutj-  in  relation  to  Ji  fas  vs.   defaulting  Tax  Collectors,  fee  ♦'  State  Of- 
ficers." sec.  17. 

fFor  duty  of  Clerk  in  reference  to  process,  scifa^  filing  of  petition,  &c.  »ee  Art.  III. 
*'  Action"    "  Commencement,  &c." 

^Before  the  next  term  of  the  Court;  see  "County  Fj^uds  and  Records,"  sec.  20.  See 
fuither  as  to  the  records  of  the  Courts,  same  title. 


574         JUDICIARY.— Sup'r  and  Inf^r  C'ts— Officers  C't^l799. 

Attorney  and  Solicitor  General — Sheriff", 

other  matters  and  things  which  by  law  ought  by  me  to  be  recorded, 
and  that  1  will  faithfully  and    impartially    discharge  and  perform  all 
the  duties  required  of  me,  to  the    best  of  my  understanding."     And 
£ond.         shall  also  enter  into  bond  with  one  or  more    good  and  sufficient  se- 
curity or  securities,  to  the  Governor  for    the    time  being,  in  the  sum 
of  $3,000,  conditioned  for  the  faithful  discharge  of  the  duties  requir- 
ed of  them  :  And  the  said  Clerks    shall  in   virtue  of  their  offices  be 
]\i.\v  admin-  Justiccs  of  the  Pcacc,  so  far  as  to  administer  all  oaths  appertaining  to 
appertaining  the  busiucss  of  their  office.^ 

V^^'dlSL      365.   Sec.  XXXYI.     No  Clerk  of  a  Court  or  other   person    em- 
Nottoact  as  ployed  in  his  office,    shall    act   as  attorney    in   his  own  name,  or  the 
auofney.      name  of  any  other  person,  or  be  allowed  to  plead  or  practice  in  such 
Courts,  during  the  time  he  shall   be  employed   in  such  office  :  And 
jiay  be  cpk  the  samc  person  may  be  Clerk  of  the  Superior  and  Inferior  Court  of 
o) t>atn c'ls.  ^I^g  same  County;  Provided,  that  nothing    herein    contained  shall 
extend  to  ])revent  any  officer  of  the  Court    from  prosecuting  or  de- 
fending any  suit  to  which  he  is  a  party. 


LAW     DEPARTMENT. f 

Putyofsoi.      366.   Sec.  XXXYII.     It   shall  be    the  duty  of  the  State's  Attor- 

GeaeraL^     iicy  and  Solicitors,  or  one  of  them,  to  prosecute  all   delinquents  for 

crimes  and  other  offences,  cognizable  by  the  said  Courts,  and  all  civil 

actions  in  which  this  State  shall  be  concerned,  and  to  give  advice  or 

opinion  in  writing    to    his  Excellency  the  Governor,  in  questions  of 

in  case  of     I^-W  iu  wliich  the  State  maybe  interested.     And  in  case  it  should  so 

the'Ivnnr^  l^^PP®^^  that  neither  the  State's    Attorney  or   Solicitors,  or  either  of 

appoint.       them,  can  attend  the  said  Courts,  then  the  Judge  presiding  may,  and 

he  is  hereby  authorized   and  required,  to    appoint  some    attorney  at 

law.  to  prepare  and  prosecute    the  indictments  and  other  business  of 

the  State,    and  such  person  so  appointed  shall  be  entitled  to  the  same 

fees  and  emoluments  therein,  as   the  State's    Attorney    or  Solicitors 

would  have  been  entitled  to. 


SHERIFFS. J 

shcriffg,  367.   Sec.  XLYI.     The  Sheriffs  of  the  several  Counties  shall  at- 

iheir  duty.  ^qyi([  the  Superior  and  Inierior  Courts  in  the  respective  Counties  when 
sitting,  and  by  themselves  or  deputies,  execute  throughout  the  Coun- 
ties'^)  all  writs,  warrants,  precepts  and  processes  directed  to  them, 
issued  under  the  authority  of  any  Judge  or  Justice  of  the  said  Supe- 
rior or  Inferior  Courts,  or  the  Clerk  of  either  of  the  Courts  ;  and  the 
said  Sheriffs  or  their  deputies  shall  have  power  to  command  allneces- 

*As  to  xjrobate  of  deeds  before  him,  see  *'  Conveyances  &c."  sec.  65.  69. 

fSee  further  as  to  duties  of  Sol.  and  Attorney  General,  "  State  Officers,"  sees.  21,  26, 
71.     Also  "  Escheats,  '  sec.  18. 

J  For  Act  giving  Sheriff,  Coroner,  and  Constable,  control  of  executions,  for  which  they 
are  made  hable,  see  Art  III.  "Action"  "Execution,  &c."  sec.  194.  ,      '  ' 

As  to  executions  for  and  against  Sheriif,  see  "Executions  &c."  sec.   198. 

§May  follow  an  itinerant  person  put  of  the  County,  see  "  Bail,"  sec.  87. 


JUDICIARY.— Sup'r  and  Inf'r  C'TS—Offlrers  C't— 1799.         ^7o 


Sheriff's  Bond — Oath — Liability  for  Deputies — Duty. 

sary  assistance  in  the  execution  of  their  duty,  and  to  appoint,  as  there 
shall  be  occasion,  one  or  more  deputies  ;^  and  before  any  Sheriff  shall 
enter  upon  the  duty  of  his  appointment,  and  being  commissioned  by 
the  Governor,  he  shall  be  bound  for  the  faithful  performance  of  his  Mu,?tKive 
duty,  by  himself  and  his  deputies,  before  any  one  of  the  said  Judges ''^■^"''"^* 
to  the  Governor  of  the  State  for  the  time  being,  and  to  his  successors 
in  office,-  jointly  and  severally  with  two  good  and  sufficient  securi- 
ties, inhabitants  and  freeholders  of  the  County,  to  be  approved  of  by 
the  Justices  of  the  Inferior  Court  or  any  three*  of  them,'^  in  the  sum 
of  ^20,000,f  and  the  said  bond  shall  remain  in  the  office  of  the  Clerk 
of  the  Superior  Court  of  such  County, J  and  may  be  sued  for  by  order 
of  the  said  Court,  for  the  satisfaction  of  the  public  or  persons  aggriev- 
ed by  the  misconduct  of  the  Sheriff  or  his  deputy ;  and  the  said 
Sheriff  shall  take  and  subscribe  the  following  oath,  before  one  of  the 
Judges  of  the  Superior,  or  Justices  of  the  Irrferior  Courts,  and  the 
same  shall  be  entered  on  the  minutes  of  the  said  Court,  before  such 
Sheriff  shall  enter  on  the  duties  of  his  office,  to  wit :  "  I  do  solemn- Their  oaih. 
ly  swear  (or  affirm  as  the  case  may  be)  that  I  will  faithfully  execute 
all  writs,  warrants,  precepts,  and  processes,  directed  to  me  as  Sheriff 

of  the  County  of and  true  returns  ma!:e,  and  in  all  things  well 

and  truly,  and  without  malice  or  partiality,  perform  the  duties  of  the 

office  of  Sheriff  of ,  during  my  continuance  in    office,  and  take 

only  my  lawful  fees  ;  so  help  me  God."  And  an  oath  to  the  same 
purport  shall  be  taken  by  each  of  the  deputies  of  the  said  Sheriff  in 
like  manner. 

368.  Sec.  XLVII.  In  case  of  the  death  of  either  of  the  said  Sheriffs,  ^"  case  of 
the  deputy  or  deputies  shall  continue  in  office,  unless  otherwise  spe- ty  to '^cu ^^"" 
cially  removed,  and  execute  the  same  in  the  name  of  the  deceased, 

until  another  Sheriff  be    appointed   and   qualified  ;  and  the  defaults  Liability  of 
and  misfeasance  in  office  of  such   deputy    or   deputies   in    the  mean  dSu/^'^ 
time,  as  well  before  as  after  the  death  of  such  Sheriff,  shall  be  adjudg- 
ed a  breach  of  the  condition  of  the  bond  given  as  before  directed,  by  the 
Sheriff  who  appointed  such  deputy  or  deputies  ;'  and    the  executor  Remedy  of 
or  administrator  of  the  deceased  Sheriff,   shall   have  the  like  remedy  ^^^*^'^^'' 
for  the  misconduct  or  misfeasance,  or  default  in  office  of  such  deputy 
or  deputies,  during  such  intervals,  as  he  would  be  entitled  to  if  the 
Sheriff  had  continued  in  life,  and  in  the  execution  of  his  office,  until    . 
his  successor  was  appointed  and  sworn. 

369.  Sec.  XLVIII.  The  Sheriff  of  Coach  County  shall,  at  the  ^J^^-^njurn^^ 
expiration  of  his  appointment,  turn  over  to  the  succeeding  Sheriffs,  s'lcJ^sorS'^ 
by  indenture  and  schedule,  all  such  Avrits  and  processes  as  shall  re- eli' hu.^ineij 
main  in  his  hands  unexecuted,    who   shall  duly  execute  and   return  ^''^''  ""^'"'^^ 


complete  »l;e 


♦Explained  by  Act  of  1803.     '*  County  Officers,"  sec.  5. 

tThe  bonds  for  many  Counties  have  been  reduced.  See  reference  to  such  Acts  under 
"Local  Acts." 

+But  see  Act  of  1845,  "  County  Officers,"  sec.  71,  requiring  the  Judge  of  the  Supeiior 
Court  to  examine  the  bond  and  have  it  recorded. 

(1.)  Appointment  may  be  by  parol.     3   Kelli/  1. 

(2.)  No  assignment  necessary  to  successors.     1   KeUy,  574. 

(3.)  A  certified  copy  of  their   action  in  the  premises  is  not  evidence.— 1.  Kcllj/f  574. 

(4.)  Liable  for  money  collected  by  Deputy.     3  Ac%,  1. 


570  JUDICIARY.— Sup'r  and  I^t' uC'ts— Officers  CV— 1799. 

Liability  of  Sheriff— Duties  of  Clerk  and  Sheriff. 

the  same  ;  and  in  case  any  Sheriff  shall  neglect  or  refuse  to  turn  over 
such  process  in  manner  aforesaid,  every  such  Sheriff  so  neglecting  or 
refusing,  shall  be  liable  to  make  such  satisfaction,  by  damages  and 
costs,  to  the  party  aggrieved,^  as  he,  she,  or  they,  shall  sustain  by 
reason  of  such  neglect  or  refusal,  and  every  Sheriff,  at  the  expiration 
of  such  his  appointment,  shall  also  deliver  up  to  his  successor  the 
custody  of  the  jail  and  the  bodies  of  such  persons  as  shall  be  confined 
therein,  with  the  precepts,  writs  or  causes  of  such  detention  ;  and 
such  succeeding  Sheriff  shall  be  empowered  and  required  to  sell  and 
carry  into  effect  any  levy  made  by  his  predecessors  in  office,  in  like 
mannerr  as  sucli  Sheriff  could  have  done  had  he  continued  therein, 
and  shall  make  titles  to  the  purchasers  for  all  the  property  sold  under 
execution,  and  not  conveyed  by  his  predecessor.^ 
sherffTsin  370.  Sec.  XLIX.  The  Sheriffs  of  the  several  Counties  in  this 
hawo.  State,  shall  have  like  powers  and  authorities,  and  they,  and  their 
under  Sheriffs  and  Jailers,  Constables  and  other  officers  belonging  to 
the  Court,  be  liable  to  ail  actions,  suits,  penalties  and  disabilities 
whatsoever,  which  they  or  either  of  them  may  incur  for  or  on  ac- 
count of  the  escape  of  prisoners,  or  for  or  in  respect  of  any  other 
matter  or  thing  whatsoever,  relating  to  or  concerning  their  respec- 
tive offices,  in  the  same  manner  as  they  have  heretofore  been  liable 
FhaMn-tn.-t  by  laws  in  force  in  this  State  ;  and  no  Sheriffs,  under  Sheriffs,  Dep- 
^  a^^^f^'"/-  j^iy  QT^  other  Sheriff 's  officer  shall  act  as  an  attorney  at  law,  in  his 
own  name  or  in  the  name  of  any  other  person,  or  be  allow^ed  to  plead 
or  practise  in  any  of  the  Courts  of  this  State,  during  the  time  he  is 
in  such  office. 
Ar»  "subject  371.  Sec.  L.  Thc  Sheriff  shall  be  liable  either  to  an  action  on 
wU^n^ion!  the  case,  or  an  attachment  for  contempt  of  Court,  at  the  option  of 
the  party,  wherever  it  shall  appear  that  he  hath  injured  such  party, 
either  by  false  returns,  or  by  neglecting  to  arrest  the  defendant,  or 
to  levy  on  his  property,  or  to  pay  over  to  the  plaintiff  or  his  attorney, 
the  amount  of  any  sales  which  shall  be  made  under  or  by  virtue  of 
any  execution,  or  any  moneys  collected  by  virtue  thereof.'^ 
Andiiav.e^to  372.  Sec.  LI.  If  any  Sheriff",  or  his  deputy  or  under  Sheriffs, 
maipr;icac3,  shall  be  guilty  of  extortion  or  other  malpractice  in  the  execution  of 
his  office,  upon  complaint  made  on  oath  to  the  State's  Attorney  or  So- 
licitors, it  shall  be  the  duty  of  such  Attorney  or  Solicitor,  to  exhibit 
a  bill  of  indictment  against  the  person  so  offending,  who,  upon  con- 
viction thereof,  shall  be  fined  by  the  Court  in  treble  the  amount 
which  he  may  have  extorted  from  any  person;  which  shall  be  ap- 
plied, one  moiety  to  the  injured  person,  and  the  other  moiety  to  the 

(1.)    Receiving  money  afterwards,  securities  not  liable.     2  Jfe%,  248. 

(2.)     Order  of  Court  unnecessary.     7  Ga.  264. 

(3.)  The  Sheriff  may  be  attached  for  a  false  return  as  to  the  escape  of  a  prisoner.  1 
Kelh/,  547.     Also  for  failui'c  oi  deputy  to  pay  over  money.     1  KeUt/,  584. 

On  a  rule  absolute  agaijist  a  Sheriff,  an  execution  camiot  issue.  It  must  be  enforced' 
by  attachment.     6  Ga.  239,  8  Ga.  156. 

It  is  a  civil  jprocess  and  plaintiff  must  pay  jail  fees.     6  Ga.  575. 

Proceeding  by  rule  does  not  bar  proceedings  by  action.  7  Ga.  445  ;  Measure  of  dam- 
ages for  failing  to  levy.     Ibid. 

Sheriff  may  be  ruled  by  defendant  in  ft.  fa.    8  Ga.  156, 


JUDICIARY.— Sup'r  and  Inf'r  C'ts— Officers  CV— 18 10-' 12.       577 

Duties  of  Clerks — Execution  Docket. 


ble  from 
office. 


use  of  such  County,  and  shall  likewise  be  removed   from  office,  and 
suffer  such  other  punishment  as  the  law    directs. 

373.   Sec.  LII.     Whenever  the   Sheriff  of  any    County  within  ^n  what, 
this  State,  shall  fail  to  make  proper   return    of  all  writs,   executions  to  an  action 
and  other  process  put  into  his  hands,  or  shall  fail  or   neglect  to  pay  arid\tinwa' 
up  all  moneys  received  on  such  executions,  on  his  being  required  by 
the  Court  so  to  do,  he  shall  be    liable   to  an   action  as  for  contempt, 
and  may  be  Rued,  imprisoned  or  removed  from  office,  in  the  manner 
prescribed  by  the  Constitution. 


An  Act  to  defjie  the  duties  of  the  Clerks  of  the  Superior  and  Infe- 
rior Courts  of  this  State,  and  Sheriffs, — Approved  Dec.  15,  1810. 
Vol.  n,  664 

Whereas,  a  practice  has  prevailed  in  the  Superior  and  Inferior 
Courts  in  this  State,  for  judgments  to  be  kept  open,  notwithstanding 
the  Sheriff  may  have  returned  the  execution  or  executions  bottom- 
ed on  such  judgkients  satisfied  :  And  whereas,  great  evil  might  grow 
out  of  such  practice  ;  for  remedy  whereof, 

374.  Sec. 
day  of  Feb]       ^  ^  ^  ,  .        . 
ately  after  tlie  return  of  such  Sheriff  of  such  execution  or  executions,  "nS'r'kr 
as  the  case  may  be,  to  enter  such  satisfaction    on  such  judgment, 
either  in  whole  or  in  part,  as  per  Sheriff's  return. 

375.  Sec.  II.     It  shall  be  the  duty  of  such  Clerks  to  keep  a  dock-  jj^^'or^""* 
et  book,  for  the  special  purpose  of  entering  the    names  and    stating 

the  cases  of  parties,  plaintiff  or  plaintiffs,  and  defendant  or  defend- 
ants, and  enter  such  satisfaction  sis  aforesaid. 

376.  Skc.  III.     The  respective  Clerks  of  the  Superior  and  Liie- ^^^i^^a 
rior  Courts  of  this  State,  shall  keep  regular  subpoena   dockets,  amV"*^"^*^ 
the  said  Clerks  of  the  Superior  Courts  shall  also  kee^  separate  dock- 
ets for  ail  criminal  cases,    which   shall  be  entered    in  their  resrular  ^^=?''^*'^ 

^  clucKet. 

order. 

377.  Sec.  IY.     The  different    Sheriffs    in   this  State  shall  keep  ^'J^rifr'sei- 
fair  and  regular  execution  dockets,  wherein  they  shall  enter- all  execu-  '^  eke"  how 
tions   delivered   to  them,    and  the  dates  of  such  delivery,  together  S  tfiel 
with  all  their  actings  and  doings  thereon,  and  file  the    same    in  the 
Clerk's  office  out  of  which  such  executions  may  have  issued,  on  or 

before  the  first  day  of  the  meeting  of  the  Court,  to  w^hich  they  ma.y 
be  made  returnable,  which  said  dockets  shall  remain  in  the  said  of- 
fices, subject  to  the  inspection  of  all  persons  concerned  therein. 

Sec.     v.     [See   Art.   XXL     "  Securities   and  Endorsers,"    sec. 
430.] 


-:,.  I.     Be  it  enacted,  &*€.     That  from    and  after  the  first  s'atipfocrton 
>ruary  next,  it  shall  be  tne  duty  ot  such  Clerks,   immedi-  simn  i>e 


An  Act  to  amend  and  eiylahi  the  XXIXth  section  of  the  Judiciary 
Law  of  this  State.— Aj)^YOved  Dec.  7,  1812.     Vol.  III.  381. 

Secs.  I.  and  II.     [See  <^  Costs,"  sees,  163,  164.1 
73 


578      JUDICIARY.— Sup'r  and  Inf'r  C'ts— Officers  C'^— 1812-'22. 

Defaulting  Attorneys  and  other  officers. 

Attorney  re-  378.  Aiid  if  aiiy  attorney  shall  retain  in  his  hands  any  money 
elit^lmouey  received  by  him  for  any  client,  after  being  ordered  by  the  Court  to 
the\?iJ'^°'^^  pay  over  the  same  to  the  principal,    he  shall  be  struck  from  the  list 

of  attorneys,  and  never  more  suffered  to  plead  in  any  of  the  Courts 

in  this  State. 


Aji  Act  to  authorize  Sheriff's  to  'perform  the  duties  oj  their  office  in 
adjoining  Counties  in  certain  cases  herein  defined. — Approved 
Dec.  7,  1812.     Yol.  III.   142. 

vviierethe  379.  In  all  cascs  which  require  the  official  acts  of  a  Sheriff 
hiterefted,  whcreiu  he  is  or  may  be  a  party  in  the  case,  and  no  Coroner  can  be 
oner^t'hr'^"  obtaiuod  iu  the  County  to  perform  and  execute  the  office  of  Sheriff, 
sher'iffof  the  that  tliou  aud  in  that  case,  it  shall  and  may  be  lawful  for  any  Sheriff 
County  may  in  an  adjoining  County  to  do  and  perform  all  manner  of  official  acts 

that  a  Coroner  is  authorized  to  do  and  perform  in  cases  where    the 

Sheriff  is  a  party  interested.* 


An  Act  to  facilitate  the  recovery  of  Moneij  out  oj  the  hands  of  Sheriffs, 
Coroners,  Justices  of  the  Peace,  Constalles,  ClerJts  of  the  Sujierior 
and  Injerior  Courts^  and  Attorneys  at  Law. — Approved  Dec.  23, 
1822.     Vol.  lY  403. 

Officers  hav-  380.  From  and  after  the  passage  of  this  Actj  it  shall  be  the  duty 
i'2!JL^?^^  of  the  Sheriffs,  Coroners,  Justices  of  the  Peace,  Constables,  Clerks 
wy  coiiect'd  of  the  SuBcrior  and  Inferior  Courts,   and  Attorneys  at  law,  in  this 

liuole  to  pay  -^  , .         .  '  ''  ^  ,    . 

20  per  cent.  State,  upou  application,  to  pay  to  the  propcr  pcrsou   or  persons,   his, 
manVand  ^' her,  or  their  attorney  any  money  or  moneys  they  may  have  in  their 
""tice.        hands  ;  and  if  not  promptly  paid,  the  party  or  parties  entitled  there- 
to, his,  her  or  their  attorney  may  serve   said    officer   with  a  written 
demand  for  the  same  ;  and  if  not  then  paid,  for  such  neglect  or  refu- 
sal the  said  officer  shall  be  compelled  to  pay  at  the   rate  of  tvv^enty 
per  cent,  per  annum,  upon  the  sum  he  has  in  his  hands,  from  the  date 
of  such   just  demand,  if  good  cause  be  not  shown  to  the  contrary.f 
Gopy  of  de-       381.    Sec.  II.    A  copy  of  Said  demand  produced  into  Court,  verified 
raandmade  "{^y  affidavit,  Stating  when  and  where  the  oriarinal  was  served   upon 

jrnwa  facie         .»  ^  o  o  r 

evidence,     the  officcr,    shall  be  prima  facie   evidence  of  the    date   and  service 

thereof. 
Repeaiin'^        Sec.  III.     All  iaws  awd  parts  of  lau7;s  militating  against  this  Act, 
clause.   °    are  hereby  repealed. 


A?i  Act  to  authorize  the  return  of  Sheriffs^  Constables.  Coroners  and 
Justices  of  the  Feace,  to  be  traversed,  and  to  point  out  the  manner 

♦For  other  provisions  on  this  subject,  see  Art.  III.  "Action,"  ♦•Commencement," 
&c.  sec.  T'i,  of  this  title.     See  also,  sec.  198. 
fProyisions  of  this  Act  extended.    TSee  sec.  584. 


JUDICIARY.— Sup'r  and  Inf'r  C'ts— Officers  C7— 1840-'41.     579 

Traverse  of  Returns — Absent  Sheriff — Defaulting  officers. 

i?i  which  they  shall  make  reitcrns. — Assented  to  Dec.  22,    1840. 
Pam.  40. 

382.   Sec.  I.     Be  if.  enacted,  That  fYom  and  after  the  passage   of|etnraP^nf 
this  Act,  whenever  any  Sheriff,   Constable,    Coroner,  or  Justice    of  ner,&c. 
the  Peace  shall  make  a  return  or  showing,  under  or  by  virtue  of  any  oath  and 
rule  or  order  of  miy  Judge  of  any  Superior  Court  of  this   State,  the  ^ersJd.  "*" 
same  shall  be  made  on  oath  to  be  taken  at  4he  time   of  making  such 
return  or  showing,  and  the  party  calling  for  such  return  or  showing, 
shall  be  at  liberty  to  traverse  the  truth  of  such    return    or  showing, 
and  upon  such  traverse  an  issue  shall  be  formed  and  tried  by  a  Jury, 
as  in  the  case  of  other  traverses.*^ 

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

Ati  Act  requiring  Judges  to  grant  Rules  Absolute  against  Sheriffs 
in  certain  cases. — Assented  to  Dec.  11,  1841.     Pam.  122. 


■) 


383.  Whereas^  Sheriffs  in  this  State  frequently  absent  them- 
selves from  their  Court,  for  the  purpose  of  preventing  rules 
being  taken  against  them  for  failure  to  raise  moneys  on  executions  ; 
and  whereas,  injury  frequently  accrues  to  plaintiffs  in  execution; 
for  remedy  whereof — 

Sec  I.     Be  it  C7iactcd,  That  whenever  a  Sheriff  of  any  County  Rules'  . 
in  this  State  absents  himself  from    his    Court,    that    the    presiding  abteming^^'^ 
Judge  or  Judges,  in  all  such    instances,    when  required  by  plaintiffs  ^*""^®^^- 
in  executions  or  their  attorney,   shall  grant    rules   absolute  against 
said  Sheriff,  unless  it  is  proven,  at  said  term  of  the  Court,   that  the 
Sheriff,  from  sickness,  is  not  able  to  attend  said  Court,    any  law  or 
custom  to  the  contrary.     - 


An  Act  to  extend  the  provisions  of  an  Act  entitled  an  Act  to  facilitate 
.  tJte  recovery  of  7noney  out  of  the  hands  of  Sheriffs,  Coroners,  Jus- 
tices of  the  Peace,  Constables,  Clerks  of  the  Superior  and  Inferior 
Courts  and  Attorneys  at  Law  passed  December  twenty-third,  eigh- 
teen hundred  and  tweiity-tico,  to  certain  cases  therein  named. — As- 
sented to  Dec.  11,  1841.     Pam.  124. 

384.  Be  it  enacted,  That  from  and  immediately  after  the  passage  20  per ct.  on 
of  this  Act,  that  whenever  a  rule  absolute  shall  be   obtained  against  ce"'s  haTui? 
any  Sheriff,  Coroner,  Justice  of  the  Peace,   Constable,  Cierk  of  the  a[J^Ji,ae" 
Superior  or  Inferior  Court,  or  Attorney  at  law,  for   the  payment   ofe"^n««^- 
money  when  such  money  shall  not  be  promptly  paid,  that  such    de- 
mand shall  thereafter  draw  an  interest  at  the  rate  of  twenty  per  cent, 
per  annum. 

*  For  Act  making  Justices  of  the  Peace  liable  to  rule  in  Superior  Couj't,  see  title 
•'  Justices  of  the  Peace,"  sees.  37,  43. 

(1.)  This  Act  applies  to  every  return  to  any  order  of  any  Superior  Court.     1  Kelly,  5i(^ 


mo       JUDICIARY.— SuF^K  ATO  Inf^r  C'ts— Officers  C't—18il-'o0. 

Kiile  vs.  Deputy  Sheriff — In  vacation — Special  officer — Advertisements,  -where  published. 

D.'.p.sfierifrs  385.  Sec.  II.  All  Deputy  Sheriifs  shall  be  liable  to  be  ruled  and 
mild.  ^  attached  in  the  same  way  and  manner  as  Sheriffs  ;  but  the  liability 
bmty' contin- of  the  Sheriff  shall  not  be  affected  by  any  such  proceeding  against 
^"^^  his  deputy  where  the  same  is  not  effective. 

Rules  nisi*  386.  Sec.  III.  I-t  shall  be  lawful  for  the  Judj2:es  of  the  Superior 
cefainva«a- Courts  of  this  State,  Justices  of  the  Inferior  Court  and  Justices  of 
^"^^"         the  Peace,  upon  application,  to  grant  rules  nisi  against  all   officers  in 

vacation,  which  may  be  served  as  heretofore  practised.* 
;?<i4rremny        387.   Sec.  IY.     Whenever  the  Sheriff  Or  Ms  doputv  is  a  partv  to 

spponit  spe-        .11  .  11-  111  At 

eiiii  officer    said  rulc,  or  mterested    therem,  and  there  be  no  Coroner    or    other 

th/S^ie!^    lawful  officer  of  said  County  to  execute  the  same,  it  shall  be  the  duty 

of  the  Judge  or  Justice  or  Justices  of  said  Court  to  appoint,  joro  ifem- 

jpo/e,  a  special  officer  to  carry  out   and  effectuate   the  order  of  said 

Court,  which  said  officer,  so  appointed,  shall  be  allowed   the  usual 

Fees.         fggs  of  Sheriffs  for  like  service.f 

Sec.  V.     All  laws  and  parts  of  laws  militating  against  this  law, 
be,  and  the  same  are  hereby  repealed. 


An  Act  to  authorize  and  require  the  Sheriffs,  Coroners^  Clerks  of  the 
Supe?^ior  and  Inferior  Courts,  and  Courts  of  Ordiiiary  in  the 
several  Counties  in  this  State,  to  advertise  in  certain  newspapers. 
Approved  Feb  22,  1850.     Pam.  44. 

Adrorti^e-        388.   Sec.  I.     Be  it  enacted,  That  the  Sheriffs,  Coroners,  Clerks 
6;iie^,  &,c.    of  the  Superior  and   Inferior   Courts,   and    Clerks   of  the  Courts  of 
-^^  ^^  ^'  Ordinary  in  the  several  Counties   in  this  State,   are  hereby  authori- 
zed and  required  to  advertise  their  sales,  citations,  and  proceedings 
of  their   respective  Courts  in  some   newspaper  published   in  their 
Counties  respectively,  and  if  there  be  no  such  paper  published  in  the 
County,  then  in  the  nearest  newspaper  having  the  largest  or  a  gener- 
Notioe  of     al  circulation  in  the  County  ;  and  no  such  officer    shall  change  the 
^  ^"^^'       advertising  connected   with  his  office  from  one  paper  to   another, 
without  first  giving  notice  of  his  intention  to  do  so  in  the  paper  in 
which  his  advertisements  may  have  been  published,  j 
i>P4)mies  Jn      389.   Sec.  II.     All  deputies  of  Sheriffs,  or  other   officers  herein 
mentioned,  shall  advertise  in  the  same  papers  in  which  their  princi- 
pals advertise. 

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


•anie  paper 


An  Act  to  prohibit  Sheriffs  and  their  Deputies  from  hecoming  direct- 
ly or  indirectly  purchasers  of  property  at  their  oivn  sales,  to  va- 
cate all  titles  taken  or  held  by  them  for  property  so  purchased,  and 

*'^or  Act  authorizing  ex-officers  to  be  niled,  see  ♦•  County  Officers,"  sec.  16. 

t^ttdge  may  appoint  Sheriff  and  Clerk  temporarily,  where  there  is  a  vacancy,  at  a  term 
of  the  Court.     See  "  County  Officers,"  sec.  69. 

IFor  Act  requring  Clerk  Court  Ordinary  to  keep  a  file  of  newspapers,  see  "  Execii- 
tors,"  &c.  sees.  16,  17. 


JUDICIARY.— Sup'r  and  Inf'r  C'TS---Partitlo7i—176r.  5S1 

Sheriffs  shall  not  Purchase  at  their  o^\^^  sales — Dieting  Negroes — Partition. 

to  make  penal  the  violation  of  this  Act,  ajid  to  regulate  their  cltar- 
ges  in  certain  cases. — Approved  Feb.  22,  1850.     Pam.  369. 

390.  Sec.  I.     Be  it  enacted,  That  from  and  after  the  passage  off ^'eriffDor 
this  Act,  no  ohenit  or  deputy  bheriii  shall  be  permitted  to  purchase  piTchase 
auy  property  whatever,  sold   by  hmiself,  nor   any  Sheriff  property  InSreoUyf 
s)ld  by  his  deputy,  nor  any  deputy    Sheriff  property   sold    by    his 
principal  or  other   deputy  of  said  principal,  either  directly  upon  his 

own  bid,  or  indirectly  upon  the  bid  of  any  other  person  ;  and  that 
every  deed  and  all  deeds  intended  to    vest  in  any  Sheriff  or  deputy  Dec<i  void. 
a  title  to  property  purchased  at  such   sales  in  violation  of  this   Act, 
whether  made  by  such  Sheriff  or  deputy  or  by  any  purchaser  at  such 
sale,  shall  be  imll  and  void.^ 

391.  Sec.  II.     Any  Sheriff  or  deputy  Sheriff  who  shall  violate  the  Misdemean- 
provisions  of  the  first  section  of  this  Act,  shall  be  liable  to  be  indict-^''" 

ed  as  for  a  misdemeanor,  and  upon  conviction  shall  be  subject  to  fme 
in  the  discretion  of  the  Court,  or  imprisonment  in  the  common  jail 
of  the  County  for  a  term  not  exceeding  six  months,  or  both. 

392.  Sec.  III.     Whenevera  Sheriff  or  his  deputy  shall  levy  upon  Not  allowed 
any  negro  property,  he  shall  not  be  allowed  to   charge  in  any  case  negnrirbo 
for  feeding  and  keeping,  or  any  other  necessaries  furnished  such  negro  JV^J'^^^  *'''■ 
or  negroes,  in  such  cases  where  the  services  of  such  negro  so  levied 

on  have  been  applied  to  the  use  of  said  Sheriff  or  his  deputy  prior 
to  the  sale  and  pending  the  levy.^ 

Sec.  IV.     All  lavv^s  or  parts    of  laws  militating  against  this  Act, 
are  hereby  repealed. 


AUT.  XYIII.    PAHTITION.* 

Sec.  393.  Proceedings  to  partition.  L  Sec.  396.  Sale — v/lien  necessary. 

"     394.  Compensation.  "     397.  IIoav  effected. 

♦*     395.  Five  pariitioners.  j    "     398.  Purchaser's  title. 

An  Act  to  empower  the  General  Court  of  Fleas  to  grant  ivrits  of 

partitio7i  of  lands  and  tenements  held  in  coparcenary ,  joi/it  tenan- 

cy,  and  tenancy  in  common,  in  this  proviricc^  and  appointing  the 

method  of  proceeding  therein. — Approved  March  26,  1767.     Vol. 

I.  315. 

Whereas,  it  would  be  inconvenient  in  this  province  to  pursue  the 
method  of  dividing  lands  and  tenements  by  vvTit  of  partition  as 
practised  in  Great  Britain  ;  and  it  appears  necessary  to  provile  a  more 
easy  and  less  expensive  manner  of  obtaining  partitions : 

393.   Sec.  I.     Be  it  therefore  enacted,  That  in  all  cases     where  Partition  of 
any  person  being  of  full  age  are  seized  of  lands  in  coparcenary,  joint  Sj.'olLinel"* 

*In  relation  to  survarorship  among  joint  tenants.  Bee  Ajrt.  XII.  ♦•  Joint  Tenants,"  sec. 
293. 

(1.)  The  law,  without  the  Statute.     Harrison  vs.  McIIenrf/,  9  Ga.  Rep. 
(2.)  So  held  substantially  by  the  Court,  before  this  Act.     2  KcUi/,  2i0. 
(3.)  Equity  has  concurrent  juxisdiction.     8  Ga.  91. 


5S2  JUDICIARY.— Sup'r  and  Inf'r  C'ts— Par  tit  mi— 1767. 

Partition  of  land,  iii  kind — Writ — Notice — Ketiini. 

tenancy;  or  tenancy  in  common^  or  where  any  lands  or  tenements 
shall  descend,  or  be  given  to  any  person  or  persons  Avha.tever  in  co- 
parcenary, joint  tenancy,  or  tenancy  in  common,  and  no  provision 
shall  be  made  by  v/ill  or  otherwise,  how  such  lands  or  tenements 
shall  be  divided ;  it  shall  and  may  be  lawful  for  such  person,  being 
of  full  age,  or  either  ot  them,  immediately,  and  also  for  any  one  of 
such  coparceners,  joint  tenants,  or  tenants  in  common,  who  may  be 
under  age,  when,  and  so  soon  as  he  or  she  shall  attain  the  age  of 
twenty-one  years,  to  apply  to  the  General  Court  of  Pleas,  for  a  writ 
of  partition,  (to  be  devised  and  framed  in  the  said  Court  according 
to  the  nature  of  the  case,)  and  in  case  he  or  she,  so  coming  of  age, 
shall  neglect  so  to  do,  witliin  the  space  of  tvv^elve  months,  that  then 
the  guardian  or  guardians  of  him,  her,  or  them,  remaining  under  age, 
shall  be,  and  he,  she,  or  they,  is  and  are  hereby  empowered,  if  he, 
she,  or  they  shall  think  fit,  to  apply  to  the  said  Court  for  a  writ  of 
s^^  days'       partition  I*  of  which  application  twenty  days'  notice  shall  be  given 

notice  of  the -"^       ,/  .  -t      i      •  i 

application,  to  tiic  Other  parties  concerned,  theu'  agents  or  attorneys ;  and  upon 
any  such  application,  and  affidavit  made  of  due  notice  having  been 
given  as  aforesaid,  it  shall  and  may  be  lawful  for  the  said  Court  to 
examine  the  petitioner's  title  and  part  or  share  of  the  premises  to 
be  divided,  and  thereupon  to  issue  a  v\n*it  of  partition,  directed  to  any 

}vri?'  shall  elevenf  persons  whom  the  Court  shall  think  fit,  requirinor  and  com- 

jdsueto  II  <    tr  ^  7         X  n 

pcrjons.  manding  them,  or  a  majority  of  them,  to  make  partition  accord- 
Tj  be  sworn  ingly  ;  tlic}^  being  first  sworn  in  Court,  or  before  one  of  the  Judges, 
or  any  Magistrate,  or  other  person  or  persons  for  this  purpose  nomi- 
nated and  appointed  by  order  of  Court,  duly  and  impartially  to  exe- 
Saii^l'iJe's  ^^^^  such  Writ  :J  And  such  partitioners,  or  persons  named  in  such 
days'notice  writ,  shall  2:ive  ei2:ht  davs'  notice  of  the  time  of  executing  thereof, 

to  all  parties  -ii     ->  ^    •  '    -i       i      •  ti 

and  proceed  to  ail  tUe  pai'ties  concemed,  their  attorneys  or  agents:  and  thereupon 
visi!m.^  ^  shall  proceed  to  make  a  just  and  equal  partition  and  division  of  all 
such  land  and  tenements,  either  in  entire  tracts  or  parcels,  as  they  shall 
judge  to  be  in  proportion  to  the  shares  claimed  and  most  beneficial 
to  the  several  coparceners,  joint  tenants,  or  tenants  in  common,  ac- 
Ami  make    cordiiig  to  the  best  of  their  knowledge  ;  and  shall  make  return  there- 
monthsTrom  of  under  their  hands  and  seals  to  the  said  Court  within  three  months 
the  writ.  ^^  after  the  issuing  of  such  writ,  there  to  remain  of  record;  vv^hich  par- 
Jhe^^xS^^^  tition  or  division  so  to  be  made  shall,  by  the  judgment  of  the  said 
meat ©f  the  Court,  bc  filial  and  conclusive  to  all  the  parties  concerned,  any  law, 
32  months    statutc,  usagc,  or  custom-  to  the  contrary  notwithstanding.     Provided 
a'=Id?rhe^^  alwcii/s,  that  if  the  defendant  or  defendants,  or  person  concerned,    or 
partition,     either  of  them,  against  whom,  or  their  right  or  title,   any  judgment 
is   given,    shall   Avithin    the    space  of  twelve    months,    after    such 
judgment  is  entered ;  or  in  case   of  infancy,  coverture,  insanity  of 
mind,  or  absence  out  of  the  province,  within  one  year  after  his,  her, 
or  their  return,  on  the  determination  of  such  inability,  apply  them- 
selves to  the  Court  where  such  judgment  is  entered,  by  motion,  and 
show  a  good  and  probable  matter  in  bar  of  such  partition,   or   that 

*See  Act  of  1837,  as  to  mode  of  proceeding  where  partition  cannot  be  made  by  metes 
anrl  bounds,  sec.  396. 
tFive  personp,  sec.  395. 
;}:Couiaty  Surveyor  may   administer  the   oath.     See  "  County   Officers,"  sec.  64. 


JUDICIARY.— Sup'r  and  Inf'r  C'ts— Partition— 1767-1837.       583 

New  partition — Five  partitioners — Partition  by  sale. 

the  demandant  hath  not  title  to  so  much  as  lie  hath  recovered ;  then 
and  in  such  case  the  Court  may  suspend,  or  set  aside  such  judgment, 
and  admit  the  tenant  or  tenants  to  appear  and  plead ;  and  the  cause 
shall  proceed  according  to  the  due  course  of  law,  as  if  no  such  judg- 
ment had  been  given.  And  if  the  Court,  upon  hearing  thereof,  shall 
adjudge  for  the  first  demandant,  then  the  said  first  judgment  shall 
stand  confirmed,  and  be  good  against  all  persons  whatsoever,  except 
such  other  persons  as  shall  be  absent  or  disabled  as  aforesaid  ;  and 
the  person  or  persons  so  appealing  shall  be  awarded  thereupon  to 
pay  costs,  or  if  within  such  time  or  times  aforesaid,  the  tenants  or 
persons  concerned,  admitting  the  demandant's  title,  parts,  and  pur- 
parts, shall  show  to  the  Court  any   inequality  in  the  partition,  the  ^^cw  parti- 

.  tion  may  be 

Court  may  award  a  new  partition  to  be  made  in  presence  of  all  par-  awarded, 
ties  concerned,  (if  they  will  appear,)  notwithstanding  the  return  and 
filing  upon  record  the  former ;  which  said  secojid  partition  returned 
and  filed  shall  be  good  and  firm  forever,  against  all    persons  whatso- 
ever, except  as  before  excepted. 

394.  Sec.  II.     That  the  persons  making  such  partitions  shall  be  compensa^ 
allowed  and  paid  a  reasonable  charge  for  the  same.     And  in  case  the  partitioners. 
party  or  parties  applying  for  such  writ  of  partition  shall   neglect  or 
refuse  to  allow  and  pay  such  charge,  the  same  shall,  upon  application, 

be  settled  and  awarded  by  the  Court. 

An  Act  to  amend  an  Act,  entitled  an   Act   to    empower   the    General 

Court  of  Pleas  to  gratit  writs  oj  iKirlitlon  of  lands  and  tenements 

held  in  coparcenary,  joint  tenancy,  and  tenancy  in  common,  in  this 

province;  and  appointing  the  method  of  jproceeding  therein,  passed 

the  mih  March,  1767.— Approved  Dec.  22,  1827.     Yol.  IT.  219. 

Whereas,  by  the  before-recited  Act  it  is  made  the  duty  of  the  Su- 
perior Courts  in  this  State,  on  application  for  a  writ  of  partition,  to 
appoint  eleven  persons  to  perform  such  duty,  which  from  experience 
[proves]  to  be  unnecessarily  expensive  ; 

395.  Be  it  enacted,  S^c.    That  from  and  immediately    after   .the  "ow  land 
passing  of  this  Act,  that  w~henever  a  writ  of  partition  shall  be  grant-  IhShe 
ed  in  terms  of  the  before-recited  Act,  it  shall  be  directed  to  five  free-  and  U^"*^'*' 
holders  of  the  County  where  such  writ  shall  issue,  and  the  said  free- '^^^''"^• 
holders,  or  a  majority  of  them,  shall  have  full  power  to  perform  all 

the  duties  required  by  the  before-recited  Act  in  cases  of  partition  ; 
and  the  said  freeholders,  or  a  majority  of  them,  shall  have  power  to 
select  a  Surveyor  to  aid  them  in  the  discharge  of  their  duties,  and  the 
said  freeholders  shall  be  subject  to  the  same  rules,  regulations,  and 
restrictions,  as  are  prescribed  by  the  before-recited  Acts  in  all  cases 
of  partition :  any  law  to  the  contrary  notwithstanding. 

An  Act  to  regulate  the  mode  of  partitioning  lands  and  tenements  m 
certain  cases,  in  the  State  of  Georgia. — Assented  to  26th  Dec. 
1837.     Pam.  181. 

396.  Sec.  I.     Be  it  enacted^  That  whenever  an  application  shall 


584 


JUDICIARY.— Sup'r  and  Inf'r  C'ts— Partners,  ^c. 


Sale  and  title  to  purchaser — Partners  and  Partnerships. 


Af>plic;ition 
allowing  on 
oatii  thtit  a 
fair  division 
cannot  be 


©rder  of 


Sale  by  3 
coramission- 


JO&nU 


fletunu 


Trtk  to 
purchaser. 


be  made  to  any  of  the  Superior  Courts  of  this  State  for  a  partition 
of  lands  or  tenements,  held  in  joint  tenancy,  tenancy  in  common 
or  in  coparcenary,  and  either  of  the  parties  in  interest  shall,  by  his 
or  her  affidavit,  or  other  proof,  make  it  satisfactorily  appear  to  the 
Com^t,  that  a  fair  and  equitable  division  of  said  lands  and  tenements 
cannot  be  made,  by  metes  and  bomids,  by  reason  of  improvements 
made  on  said  lands  and  tenements,  or  by  reason  of  the  said  lands 
and  tenements  being  valuable  for  the  erection  of  mills  or  machinery 
of  any  kind,  or  by  reason  of  said  lands  being  valuable  for  mining 
purposes,  and  in  all  cases  where  it  shall  be  made  appear  to  the  Courts 
that  the  value  of  th3  entire  lands  and  tenements  will  be  depreciated 
by  such  division  as  aforesaid,  that  then  ai^d  in  that  case,  the  said  Com't 
shall  order  a  sale  of  the  said  lands  and  tenements,  on  such  just  and 
equitable  terms  as  it  shall  prescribe,  and  order  the  proceeds  to  be  di- 
vided among  the  several  claimants  rateably,  in  proportion  to  their 
respective  interests,  after  deducting  the  expenses  of  the  proceedings. 

397.  Sec.  II.  In  all  cases  where  it  shall  be  necessary  to  make  a 
sale  of  lands  or  tenements,  to  effect  a  just  and  equitable  partition 
thereof,  it  shall  be  the  duty  of  the  Court  to  appoint  three  discreet 
and  proper  persons,  under  such  quaMfications  as  it  may  prescribe,  to 
make  sale  of  the  said  lands  and  tenements,  after  an  advertisement  of 
thirty  days  in  one  of  the  public  gazettes,  on  the  first  Tuesday  in 
the  moath,  at  the  Court  house,  in  the  County  in  which  the  said 
lands  or  tenements  are  situate,  and  to  return  their  proceedings  to  the 
next  following  term  of  the  Comt. 

398.  Sec.  III.  Upon  the  sale  of  said  lands  and  tenements  as 
aforesaid,  the  said  parties  in  interest,  shall  make  a  title  to  the  pur- 
chaser, and  in  case  of  failure  or  refusal  of  them  or  any  of  them,  the 
said  persons  appointed  under  the  authority  of  the  Court  aforesaid,  or 
any  two  of  them,  shall  execute  a  deed  of  conveyance  to  the  said 
lands  or  tenements  to  the  purchaser  or  purchasers,  which  said  deed 
of  conveyance  shall  be  as  valid  and  binding  in  Law  and  Equity,  as 
if  it  had  been  made  by  the  parties  themselves. 


[Statutes  omitted  as  obsolete,  repealed  or  superseded. 
Act  of  1763.     Watk.  86.] 


Provincicd 


ART.  XIX.  PARTNERS  AND  PARTNER^IPS.* 


Sec.  399.  Liniited  Partnerships. 

"  400    General  and  Special  Partners. 

"  401.  Power  of  General  Partners. 

*'  402.  Certificate,  contents. 

♦«  403.  Attestation. 

"  404.  Filing  and  record* 

"  4  5j  Affidavit  filed. 

«<  406.  Effect  of  failure. 

"  407.  Publication  of  terms. 

'♦  408.  Affidavit  of  Printer. 

"  409.  Renewals  of  Partnership. 

*'  410.  Alteration,  dissolution. 

*  *  4 11 .  N  ?ime  of  Partnership, 

**  412.  Suits  by  and  against. 

:«  413.  Dividends. 


Sec.  414.  Refunding. 

415.  PoAver  of  Special  Partner. 

416.  Liability  of  Generai  Partner. 

417.  Fraud,  efiect  of. 

418.  Fraudulent  sales  and  liens. 

419.  By  a  Partner. 

420.  Penalty. 

421.  Rights  of  creditors. 

422.  Dissolution. 

423.  Name  of  retired  partner. 

424.  Penalty  for  using. 

425.  Eond  by  one  Pai-tner. 

426.  Judgment  for  and  against. 

427.  Bond  to  Partnership. 

428.  Denial  of  Partnership  by  plea. 


*  Where  all  the  partners  axe  not  served,  judgment  vs.  defendant  served,  sec  Art.  III. 


JUDICIARY.— Sup'r  and  Inf'r  C'ts— Partners,  (^c.~1837.        .^5 

Limited  Partnership — Certificate,  &c. 

An  Act  to  authorize  Limited  Parlncrshiys, — Assented  to  22d.  Dec. 

1837,  Pam.   182. 

399.  Sec.   I.      Beit    enacted^  That    limited  partnerships   for  the  Limitodpart- 
transaction  of  any  mercantile,  commercial,   mechanical,  mannfactur-"*^ '''^ 
ing,  mining,  or  agricultural  business,  within  this  State,  may  be  form- 
ed by  two  or  more  persons,  upon  the  terms,  with  the  rights  and  pow- 
ers, and    subject   to  the  conditions  arad  liabilities  herein  prescribed  :  Except  for 
but  the  provisions  of  this  Act  shall  not  be  construed  to  authorize  any  iiisunmr^'^ 
such  partnership  for  the  purpose   of  banking,   or   making   insurance,  p^''^^^^'***- 

400.  Sec.  II.     Such   partnerships    may  consist   of  one   or  more  General 
persons,  who  shall  be  called  general  partners,  and  who  sliail  be  jointly  p^^''^*-''^-^ 
and  severally  responsible  as  general  partners,  and  of  one  or  more  per- 
sons who  shall  contribute,    in  actual  cash,  a  specific  sum  as  capital  tv^ 

the  common  stock,   who  shall  be    called  special    partners,    and  whc  Spi^naj 
shall  not  be  liable    for  debts  of  the  partnership  beyond  the   fund  so  ThoC-Tabiii- 
contributed  by  him  or  them  to  the  capital,  except  as  hereinafter  pro-  ^^'' 
vided. 

401.  Sec.  III.     The  general  partners  only  shall  be  authorized  to  Authority  of 
transact  business,  and  to  sign  for  the  partnership,    and  to  bind  the  partners. 
same. 

402.  Sec.  IV.     Persons  desirous  of  forming  such  partnership,  shall  certificate, 
make  and  severally  sign,  by  themselves  or  attorney  in  fact,  a  certif- 
icate v/hich  shall  contain — l?t,  the    name    of  the    firm  under  which  Name, 
such  partnership  is    to  be    conducted;  2d,  the  general  nature  of  the  Busine-se. 
business  intended  to  be  transacted  ;  3d,  the  names  of  all  the  general  and  Partner's 
special  partners  inserted    therein,  distinguishing   which  are  general,  "'^"^^ 
and  which  are   special  partners,  and  their  respective    places  of  resi- 
dence ;  4th,  the  amount  of  capital    which  each  special  partner  shall  cJapit^, 
have  contributed  to  the  common  stock  ;  5th,  the  period  at  w^hich  the  Time, 
partnership  is  to  commence,  and  the  period  at  which  it  shall  termi- 
nate, and  when  made  by  such  attorney  in  fact,  the  power  of  attorney  Power  of  At- 
duly  authenticated  shall  be  recorded  along  with  such  certificate.  tor"»j. 

403.  Sec.  V.     The    certificate    shall    be    acknowledged   by  the  Arknow?- 
several  persons  signing  the  same,  or  their  attorney  in  fact,  before  a Sudgo, ^t*^^ 
Judge  of  the  Superior  or  Inferior  Court,  or  a  Justice  of  the  Peace,  or 
Notary  Public,  and  such  acknowledgement  shall    be  certified  by  the  certified  by 
officer  before  whom  the  same  is  made.  ^^""' 

404.  Sec.  YI.     The  certificate  and  power  of  attorney  in  fact,  so  and  eted  m 
acknowledged  and    certified,   shall  be  filed  in  the  oifice  of  the  Clerk  cpk^,r  "^ 
of  the  Superior  Court    of  the  County  in   which  the  principal  place  ^"^"p*^  S'- 
oi  busmess  ol  the  partnersnip  shall  be  situated,  and  shall  also  be  re-  rcs>crdcti, 
corded  by  him  at    large,  in  a  book  to  be  kept  for  that  purpose,  open 

to  public  inspection.     If  the  partnership  shall  have  places  of  business 

♦*  Action"  "Parties,"  sees.  103.  104.  of  this  title.     Partnership  property  bound. 

Proceedings  where  one  pleads  infancy,  see  Art.  III.  "  Action,"  •♦  Pleadings,  &c."  sec. 
112, 

Amendment  where  the  name  of  the  partner  is  omitted,  see  Art.  III.  **  Action " 
♦'Pleading,  &c."  sec.  130. 

Appeals  by  one  partner,  see  Ast.  III.  "  Action,"  "  Veldict,  Appeals,  &c."  sec.  147. 

74 


recorded 
eacn 


Clerk's  foe. 


5S6        JUDICIARY.— SupR  and  Ixf'r  O't^— Partners,  c^v.— 1S37. 

IxG'Jord — Eifect  of  failure — Publication — Hene^vals. 

ifbusincss    Situated  ill  diiFereiit  Counties,  a  transcript  of  the  certificate,  and  pow- 

in  several  ,-.  .       ^  „\  ^  ,-     i     i    " 

Counties  61  ol  attome^^  111  lact,  and  oi  tne  acknowiedgement  thereot,  duiy  cer- 
tified by  the  Clerk  in  whose  oiBce  it  shall  be  filed,  under  his  official 
seal,  shall  be  filed  and  recorded  in  like  manner  in  the  ofiice  of  the 
Clerk  01  the  Superior  Comt  in  every  such  County :  and  the  Clerk 
for  each  and  every  registry  recpuired  by  this  Act  shall  be  entitled  to 
the  sum  of  five  dollars. 

Affidavit.  405.  Sec.  YII.  At  the  time  of  filing  the  origmal  certificate,  Vv^ith 
the  evidence  of  the  acknowledgement  thereof,  as  before  directed,  an 

To  be  filed,  affidavit  or  affidavits  of  the  several  general  partners  shall  also  be  filed 
ill  the  same  office,  stating  that  the  sumis  specitied  in  the  certificate 
to  have  been  contributed  by  each  of  the  special  partners  to  the  com- 
mon stock,  have  been  actually  and  in  good  faith  paid  in  cash,  and  a 

Certified      certified  #opy  of  such  certificate  and  power  of  attorney  and  affidavits, 

deuce.        sflail  bc  evidciice  in  all  Courts  and  places  whatsoever. 

On  failure,        406.   Sec.  Till.     Xo  such  partnership  shall  be    deemed  to  have 

ners'"Je?erdibeen  formed  until  such    a  certificate  as   is    herem    meiiticned,   shall 

partners.  ];^a.ve  becii  made,  acknowledged,  filed  and  recorded,  nor  until  an  affi- 
davit shall  have  been  filed  as  above  directed  :  and  if  any  false  state- 
ment be  made  in  such  certificate  or  affidavit,  or  if  such  partnership 
business  be  commenced  before  such  certificate  or  affidavit  is  filed,  all 
the  persons  mterested  in  such  partnership  shall  be  liable  for  all  the 
engageiaents  thereof  as  general  partners. 

oftS''""  '^^-  ^^^'  ^^-  The'partners  shall  publish  the  terms  of  the  part- 
nership, when  registered,  for  at  least  six  weeks  immediately  after 
such  registry,  in  one  newspaper  in  the  County  in  which  the  place  of 
business  is  situated,  and  in  one  newspaper  in  the  City  of  Milledge- 
ville.  If  no  newspaper  should  be  published  m  the  County  in  which 
the  business  is  to  be  transacted,  the  notice  shall  be  published  in  all 
the  newspapers  in  the  Cit3r  of  Milledgevilie  as  before  requhed,  and  if 
such  publication  be  not  made  vriihin  tv\'o  months  from  the  time  of 
filing  such  certificate  and  affidavit,  the  partnership  shall  be  deemed 
seneral. 

AffidaA-it  of       408.   Sec   X.     The  affidavits    of  the    publication  of  such  notice 

]irinter  toleJ. ,  .  it,  t  r    ^  ■  ^   •    -      ^ 

by  the  printers,  publisners,  or  editors  oi  the  newspapers  m  wnich  the 


Cfmi 


lie  shall  be  published,  maybe  filed  in  the  office  of  the  Clerk  of  the 
Superior  Court  in  which  the  certificate  has  been  filed,  and  shall  be 
Evidence,     evideiicc  of  the  facts  therein  contained. 
Renewals  of     409.   Sec.   XI.     Evcrv  reucwa]  or   continuance  of   such  partner- 

PartnerstiiP;,        . 

^  shirs  beyond  the  time  originally  fixed  for  its  duration,  shall  be  cer- 
tified, acknowledged,  and  recorded,  and  an  affidavit  of  a  general  part- 
ner be  made  and  filed,  and  notice  be  2:iven  in  the  manner  herein  re- 
quired  for  its  origmal  formation  :  and  every  such  partnership  which 
shall  be  otherwise  renewed  or  continued,  shall  be  deemed  a  general 
partnership. 
Every  alter-  410.  Sec.  XII.  Everv  alteration  which  shall  be  made  in  the 
dissoiuiion  nauies  of  the  partners,  in  the  nature  of  the  business,  or  m  the  capital 
or  shares  thereof,  or  in  any  other  matter  specified  in  the  original  cer- 
tificate, shall  be  deemed  a  dissolution  of  the  partnership  ;  and  every 
such  partnership,  which  shall  in  any  manner  be  carried  on  after  any 
such  alteration  shall  have  been  made,  shall  be  deemed  a  general  part- 


JUDICIARY— Sup'r  and  Inf'r  C'Ts.—Parfiiers,  ^'^.—1837.       587 

Other  provisions  as  to  limited  partnership. 

nership,  unless  renewed  as   a   special    partnership,  according  to   the  nniess  re- 
provisions  of  the  last  section. 

411.  Sec.  XIII.     The   business  of  the  partnership  shall  be  con- N^me  of 
ducted  under  a  firm,  in  which  the  names  of  the  general  partners  only  partnership. 
shall  be  inserted,  without  the   addition  of  the  word  ''  company,"  or 

any  other  general  term  ;  and  if  the  name  of  any  special  partner  shall 
be  used  in  such  firm,  he  shall  be  deemed  a  general  partner. 

412.  Sec.  XIY.   S uits  to  be  brought  by  any  partnership  to  be  form- ,?iiits in 

ed  under  this  Act,  shall  be  in  the  name  or  names  of  the  general  partners  emTpaitueL' 
only,  and  suits  against  such  partnership  shall  be  brought  against  the  J'^^f"g'J 
general  partners  only  ;  except  in  cases  where  the  special  shall  be  ren- 
dered liable  as  general  partners,  in  which  cases  suits  may  be  brought 
against  all  the  partners  jointly  or  severally,  or  any  one  or  more  of  the 
special  partners  may  be  sued  in  the  same  action  with  the  general 
partners. 

413.  Sec.  XV.     No  part  of  the    sum   Avhich  any  special  partner  no  dm • 
shall  have  contributed  to  the   capital  stock,    shall  be  withdrawn  by  ji^"fj,Jgj,^®i 
him,  or  paid  or  transferred  to  him  in  the  shape  of  dividends,  profits  oi' of  Jji"^cr-tui 
otherwise, at  any  time  during  the  continuance  of  the  partnership,  but  stock. 
any  partner  may  annually  receive  lawful  interest  on  the  sum  so  con-  Lawful  in- 
tributed  by  him,  if  the  payment  of  such  interest  shall  not  reduce  the  he,  and  iu3 
original  amount  of  such  capital ;  and  if,  after  the  payment    of  such  pr,Sts,"^  '^'^ 
interest,  any  profits  shall  remain  to  be  divided,  he  may    also  receive 

his  portion  of  such  profits,  but  shall  not    be  liable  for  any  debts  pre- 
viously contracted  by  the  general  partners. 

414.  Sec.  XVI.  If  it  shall  appear  that  by  the  payment  of  interest  jf otherwise, 
or  profits  to  any  special  partner,  the  original  capital  has  been  redu-  bo,jf,'<ftore- 
ced,  or  the  firm  shall  be  unable  to  pay  its  debts,  the  partner  receiving  ^""'^' 

the  same  shall  be  bound  to  restore  the  interest  or  profits  received  by 
•him,  necessary  to  make  good  his  original  share   of  the  original  stock. 

415.  Sec.   XVII.     A  special  partner  may    at  any   time  examine  >^pociai  part- 
into  the  state  and  progress  of  the  partnership  concerns,  and  may  ad-  "xum^nTand 
vise  as  to  their  management ;  but  he  shall  not  transact  any  business  gj,'^|j*';,,,j 
on  account  of  the  partnership,  nor   be  employed    for  that  purpose  as  "''^  ^■'.^-?"* 
agent  or  otherwise.     If  he  shall  interfere,  contrary  to  these  provisions,  attome'y  tt 
he  shall  be  deemed  a  general  partner,  but  he  may  act  as  the  ^.ttorney 

or  counsellor  at  Law  or  in  Equity  for  the  partnership,  without  being 
liable   to  become  a  general  partner. 

416.  Sec  XVIII.     The  general  partners  shall  be  liable  to  account  Gei^^^rai 

to  each  other,  and  to  the  special  partners  for  their  management  of  the  blolrS-^'^" 
business  of  the  firm,  both  in  Law  and  Equity,  as  other  partners  now  *"""'''• 
are  by  Law  and  Equity. 

417.  Sec.  XIX.     Every  partner  who  shall  be  guilty  of  any  fraud  Partner  npiii- 
in  the  affairs  or  business  of  the  partnership,  shall  be  liable  civilly  to  Hhluhe'ifa. 
the  party  injured,  to  the  extent  of  his  damage  ;  and  shall  also  be  lia-aLVcS, 
ble  to  an  indictment  for  a  misdemeanor,  punishable  by  fine  or  impris-  "^"y- 
onment,  or  both,  at  the  discretion  of  the   Superior  Court,  by  which 

he  shall  be  tried. 

418.  Sec  XX.  Every  sale,  assignment,  of  transfer  or  any  of  the 
property  or  effects  of  such  partnership,  made  by  such  partnership 
when  insolvent,   or  in  contemplation  of  insolvency,  or  after,  or  in 


588        JUDICIARY.— Sup'r  and  Inf'r  C'ts— Partners,  (^t.— 1837. 

■  I.    ■    ■  m^    ■  l"     -      ■'-       IM 

Ijimitcd  Partnership — Eetired  partner's  came. 

Sales  made,  Contemplation  of  the  insolvency  of  any  partner,  with  i  he  intent  of  giv- 
ateu  i'r/con-  "^i^g  a  preference  to  any  creditor  of  such  partnership,  or  insolvent  part- 
{^^?v^n^J°^ner,  over  other  creditors  of  such  partnership ;  and  every  judgment 
void.  confessed,  lien  created,  or  security  given  by  such  partnership,  under 

the  like   circumstances  and    with  the    like   intent,  shall  be  void  as 

against  the  creditors  of  such  partnership, 
saiesmade       419.   Sec.  XXI.     Evcry  sucli  salc,  assignment,  or  trausfcr  of  auy 
aLfbyln^-  of  the  property  or  cffccts  of  a  general  or  special  partner^  who  mjiy 
iSr^^orl  in  b^vc  becouie  liable  as  a  general  partner,  made  by  such  general  or  spe- 
eontempia-  (.jg^}  partner,  when  insolvent,  or  in  contemnlation  of  insolvency,  or  af- 

tion  of  in-  J^  '  ■  1  -^  '         . 

solvency,  tcr,  Or  iu  contemplatiou  of  the  insolvency  of  the  partnership,  with 
'    '  the  intent  of  giving  to  any  creditor  of  his  own,  or  of  the  partnershipj 

a  preference  over  creditors  of  the  partnership,   every  judgment  con- 
fessed, lien  created,  or  security  given,  b}^  any  such  partner,  under  the 
like  circumstances  and  with  like  intent,  shall  be  void  as  against  the 
creditors  of  the  partnership, 
special  part-      420.   Sec.  XXII.     Any    special    partner   who    shall    violate  any 
tbese^''  ^  '"^provision  of  the  two  last  preceding  sections,  or  who  shall  concur  in  or 
Sri" a    assent  to  any  such  violation  by  the  partnership,  or  by  any  individiial 
mmer       partner,  shall  be  liable  as  a  general  partner. 

Special  part  421.  Sec.  XXIII.  In  casc  ofthc  insolveucv  or  bankruptcy  of  tile 
edu>  other  partnership,  no  special  partner  shall,  under  any  circumstances,  be  al- 
cr9  itorb.     jQ^g(j  ^Q  claim  as  a  creditor,  until  the  claims  of  all  the  other  creditors 

of  the  partnership  shall  be  satisfied. 
Dissolution.  422.  Sec.  XXIY.  No  dissolution  of  such  partnership,  by  tliB 
acts  of  the  parties,  shall  tnke  place  previous  to  the  time  specified  in 
the  certificate  of  its  renewal,  until  a  notice  of  such  intended  dissolu- 
tion shall  have  been  filed  and  recorded  in  the  Clerk's  office  in  which 
the  original  certificate  was  recorded,  and  published  at  least  once  a 
week  for  four  weeks  in  a  newspaper  printed  in  each  of  the  Counties 
v/here  the  partnership  ha^  places  of  business  ;  but  if  no  newspaper  be 
Advertise-  printed  in  such  Counties,  then  the  notice  shall  be  published  for  four 
weei^  \i\  all  the  newspapers  in  the  City  of  Milledgeville,  v/hich  notice 
shall  be  signed  by  all  the  partners,  or  their  representatives  ;  Provided^ 
Provisa  that  nothing  herein  contained  shall  be  so  construed  as  to  affect  the 
collection  of  any  demand  against  either  of  the  special  partners,  which 
may  have  been  contracted  previously  to  tlie  commencement  of  such 
special  partnership. 


A^i  Act  to  jtrohibit  iiersons  who  arc  partners  in  trade,  or  any  kind  of 
business,  from  inserting,  co7itinuing  or  using,  in  their  partnership 
style  and  name,  tJcc  name  of  any  individual  wjt  actually  a  co-partner, 
and  to  prevent  the  collect-ion  of  debts  due  to  any  partnership  Tiolating 
the  provisions  of  this  Act^  and  tojmnish  those  who  may  violate  the  sani^, 
— Assented  to  Dec.  25,  1837.     Pam.   187. 

Nain«ofr6-       423.   Sec.  I.     Be  it  enacted.  That  from  and  after  the  passage  of 

BershaH  not  this  Act,  it  shall  uot  be  lawful  for  any  persons,  who  are  partners  in 

^  euse  .      trade,  or  business  of  any  kind,  to  insert  or  use  in  their  partnership, 

firm,  style  and  name,  the  name  of  any  person  not  actually  a  co-part- 


JUDICIARY.— Sup'r  and  Inf'r  CW->~Partiicrs,  (^-c.— 1838^' 40.      589 

Bonds,  &c.  executed  by  Partner — Judgment  in  Partnership  name. 

iier  with  them  at  the  time  his  or  her  name  is  so  inserted  or  used,  nor 
shall  it  be  lawful  to  continue,  in  any  partnership  firm,  style  artd 
name,  the  name  of  any  individual  partner  after  he  or  she  shall  have 
retired  from  partnership  :  Provided,  that  this  Act  shall  not  be  so 
construed  as  to  prevent  the  collection  of  debts  due  to  any  partnej-- 
ship,  after  its  dissolution,  or  after  the  retirement  of  any  partner,  in 
the  name  previously  used,  in  conformity  w^th  this  Act. 

424.   Sec.   II.     Each  and  every  individual  violating  the   provis- Penalty  £bt 
ions  of  this  Act,  shall  forfeit  and  pay  the  sum  of  one  hundred  dollars  $ioo  eaSx 
for  each  and  every  day  such  name  may  be  used ;  to  be  sued  for  and  ^^^* 
recovered  by  any  person  who  may  prosecute  for  the  sami^. 


An  Act  to  ainliorlze  jpdrtners,  or  ])ersons  jointly  interested,  vnder  certain 
circumstances  to  execute  sealed  instrumerits. — Assented  to  Dec.  29, 
1S38.     Pam.   165. 


425.  Sec.  I.     Be  it  enacted,  That  in  all  suits  either  in  favor  of,  or  b  nds  con^ 
against  partners  or  persons  jointly  interested,  and  in  all  cases  'when  lejiirpnr 
mxoh  partners  or  persons  jointly  interested  shall  in  any  wise  become  may'hl 6Te- 
connected  with  any  suit  or  other  matter,  pending  in  any  of  the  ^^JJjjJg^  ""^ 
Courts  of   this  State,  in  any  way  whatsoever,  wherein   it  shall   be-  * 

come  necessary  for  said  partners  or  persons  jointly  interested  to  give 
bond,  it  shall  and  may  be  lawful  for  any  one  of  said  partners  or  per- 
sons jointly  interested,  to  execute  the  same  by  signing  the  names  of 
all  of  said  partners  or  persons  jointly  interested ;  and  the  same  shall 
l>e  obligatory  and  binding  upon  every  of  said   partners  or  persons  in-  ^ 

terested  ;  any  law  to  the  contrary  notwithstading.*^ 

An  Act  declaratory  of  the  force  and  validity  of  all  executions  or  jndg- 
ments  issued  or  e?itered  up  in  behalf  of  copartners,  or  against  co- 
partners, tohere  the  partnership  style  is  nsed  or  set  forth,  and  the 
cJiristian  and  surnames  of  the  co-partners  omitted,  and  also  to  de- 
clare the  force  of  bonds  made  to  partjierships  using  their  amrnion 
name  or  style. — Assented  to  Dec.  22,  1840.     Pam.  114. 

426.  Sec.  I.     Be  it  enacted.  That  from  and  after  the   passage  of  JiMigm't'and 
this  Act,  no  judgment  or  execution  shall  be  arrested  or  au nulled  inan7a|iin!r 
amy  case  wiiere  the  judgment  has  been  entered  up,  or  the  execution  ^;;f^;f^'"t"ol 
issued  in  favor  of  copartners  or  against  copartners,  where  the  partner- 
ship style  is  used  therein  instead  of  the  christian  and  surnames  of  each 
person  composing  such  partnership,  as  has  been  held  to  be  necessary 

by  some  of  the  .Tudges  of  this  State  ;  butsucli  judgment  or  execution 
shall  not,  for  such  omission  on  tlie  part  of  any  officer  of  the  Court, 
Clerk,  or  Justice  of  the  Peace,  be  affected  or  delayed  in  anywise 
thereby. 

*Soe  next  Act  as  to  bonds  made  to  partnership. 

[1]  This  law  applies  to  bonds  given  to  obtain  attacLments,    Dow,  WUson^  4c  vs. 
Sinith  §  Co,  8  Ga.  Rep. 


I 


590         JUDICIARY— Sup'r  and  Inf'r  C'ts—Poss.  W^nran— 1^21. 


Bonds  to  Partnerslaip — Proof  of  Partnership — Possessory  Warrant. 


ble  to  part 
nerdiiip. 


Bonds paya-  427.  Sec.  II.  All  boiicls  payable  to  two  persons  or  more,  doing 
business  under  partnership  name  or  st3rle,  shall  be  as  obligatory  and 
binding  upon  the  obligors  of  such  bonds,  Avhere  made  with  obligees 
using  their  firm  name  or  style,  as  if  each  name  composing  such  part- 
nership had  been  set  forth.* 

Sec.  III.     All  laws  or  decisions  militating  against  the  plain  and 
manifest  intention  of  this  Act,  be,  and  the  same  are  hereby  repealed. 


An  Act  to  enable  copartners,  loho  are  plaintiffs  in  the  Courts  of  Law 

and  Eciuiiy  in  this  State,  to  maintain  and  prosecute  their  suits  in 

said  Courts,  in  certain  cases,  without  being  compelled  to  adduce 

proof  of  their  copartnership, — Assented  to  Dec.  2,  1841.     Pam. 

141. 

428.  Whereas,  it  has  been  decided  by  one  or  more  of  the  Judges  of  the 
Superior  Court  of  this  State,  that  in  all  cases  sued  in  said  Court,  in 
the  name  of  a  firm  of  joint  traders  or  copartners,   in  any  business, 
that  proof  of  the  copartnership,  as  alleged  in  the  plaintiff's  declara- 
tion, is  necessary  to  be  made  before  said  plaintiffs  are  allov/ed  to  re- 
cover their  demand.     For  remedy  whereof,  and  to  prevent  the  delay 
and  expense  of  adducing  such  proof, 
Partnership       Sec.  I.     Be  it  enacted,   That  from  and  after  the  passage  of  this 
p?oved"Jun!  Act,  it  shall  uot  bc  deemed  or  held  necessary  in  any  of  the  Courts  of 
by'piea!'^^   Law  or  Equity  of  this  State,  for  a  firm  of  joint  traders  or  copartners 
in  any  business,  trade   or  profession,  who  are  or  hereafter  may  be 
plaintiff,  in  any  cause  pending  in  either  of  said  Courts,  to  prove  tiieir 
copartnership :    Provided,  nevertheless,  that  nothing  contained    in 
this  Act  shall  prevent  said  Courts,  or  any  of  them,  from  requiring 
such  proof  in  any  case  v/here  the  defendant  or  defendants  shall,  reg- 
-   ularly,  by  plea  in  abatement,  denying  the  existence  of  such  firm  or 
•  copartnership,  as  may  be  set  forth  by  the  plaintiffs  in  their  bill,  pe- 

tition, declaration  or  writ. 

Sec.  II.     All  laws  or  parts  of  laws  militating  against  this  ilct  be, 
and  the  same  are  hereby  repealed. 


AIIT.  XX.  POSSESSORY  WAPtRANT  AND  PROCEEDIXGS  THEREON. f 

An  Act  the  more  effectually  to  quiet  and  protect  the  Possession  of 
Pei^sonal  Property,  and  to  prevent  takinfr  possession  by  fraud  or 
t)/oZ^.ice.— Approved  Dec.  25,  1821.     YoL  lY.  ^07. 

Preamble.  429.  Whereas,  a  practice  hath  been  followed  by  some  persons 
having .  or  laying  claims  to  negroes  and  other  personal  property,  to 
take  or  convey  away  the  same  by  violence,  seduction,  or  other  Cleans 
or  to  harbor,  or  otherwise  take,  or  cause  the  same  to   be   taken,    out 

*See  preceding  Act,  as  to  bonds  made  by  one  partner. 

fPor  fees  under  this  Act,  see  title  ♦'  Fees,"  sec.  39. 

-For  proceedings  against  tenant  holding  over,  see  title  "  Rent,"  sees.  7»  8,  9t 

As  to  trial  of  possession  of  lands,  see  "  Penal  Laws,"  sec.  214. 


JUDICIARY.— Sup'r  and  Inf'r  C'ts—Poss.  War r an f~lS21,        591 


Complaint  on  oath — Proceedings  thereon. 


of  the  possession  of  the  adverse  claimant  without  due  course  of  law^ 
and  oftentimes  to  remove  the  same  out  of  the  State  to  the  great  in- 
jury of  the  true  owner  ;  and  whereas,  manifest  injustice,  and  many 
serious  mischiefs  may  arise  from  such  a  practice,  which  is  productive 
of  frauds,  violence,  and  quarrels,  and  bloodshed, 

Sec.  IV.     Be  it  therefore  enacted,  That  upon  complaint  made  on  "'" com- 
oath  by  the  person  injured,  his  agent  or  attorney,  to  any  Judge  of  the  jlidgeorotii- 
Superior,    or   Justice   of  the  Inferior  Court,  or^  any   Justice  of  the  ""t 'Sriiegro^ 
Peace,  that  any  negro  or  negroes,  or  other  personal    chattel,    have  cLtuefhas 
been  taken,  enticed,  or  carried   away  by  fraud,  violence,   seduction  ^''-^^  carried 
or  other  means,  from  the  possession  of  sucn  deponent,  or  that  such  '''*^^^' 
negroes  or  other  personal  chattels  having  been  recently  in  the  quiet,  and 
legally  and  peaceably  acquired  possession  of  such  deponent,  have  ab- 
sconded or  disappeared  without    his  or  her  consent,  and  as  he  or  she 
believes,  have  been  harbored,  received,  or  taken  possession  of,  by  any 
person  or  persons  under  some  pretended  claim  or  claims,  and  without 
lawful  warrant  or  authority  and  that  the  said  deponent,  or  the  person  for 
whom  he  is  agent  or  attorney  bona  fide  claims  a  title  to  or  interest 
in  the  said  negroes  or  other  chattels,  or  the  possession  thereof,  it  shall 
be  the  duty  of  such  Judge  or  Justice  to  issue  a  warrant,  as  well  for  ^  warrant 
the  apprehension  of  the  party  so  seizing,  taking,  enticing,  receivirji^-,  I'ShJoT^ 
harboring,  obtaining,  or  having  possession  of  such    negroes  or  other  fSifpSperty. 
chattels,  as  for  the  seizure  of  such  negroes  or  other  chattels  themselves  ;  ^^',',['5'^'^' 
and  upon  the  return   of  such  warrant  the  Judge  or  Justice  shall  hear  ^^'"'^*''  ^'^® 
evidence  as  to  the  question  oi  possession  m  a   summary  way,  and  possession  to 
cause  the  said  negroes  or  other  chattels  to  be  delivered  over   to  the  atSmary 
party  from  whose  possession  the  same  were  violently  or  fraudulently  "'^'^I^^T'^ 
taken  or  enticed  away,  or  from  whom  the    same    absconded    or   insiontobe 
whose,  peaceable  possession    they  last  were  :  Provided,  such    party  a^cCTdingiy- 
shall,  before  such  Judge  or  Justice,  enter  into   a  recognizance,  with^'''^^'^^'* 
good  and  sufficient  security,  in  double  the  amount  of  the  value  of 
such  negroes  or  other  personal  property,  and  the  hire  claimed,  if  any, 
to  cause  the  said  negroes  to  be  produced  and  forthcoming,  to  answer 
any  judgment,  execution,  or  decree  that  may  be  had,  issued  or  made 
upon  such  suit  or  action  at  Law  or  in   Equity  as  the  opposite  party 
may  commence  or  prosecute  within  the  next  four  years  touching  the 
same  ;  and  such  recognisance  shall  be  returned  by  such  Judge  or  Jus- 
tice to  the  next  Superior  Court  of  the  County  where  the  same  is  ta- 
ken, to  be  transmitted  to  the  Court  v/here  such  suit  or  action  may  be 
commenced  ;  and  the  securities  upon  such  recognisance  shall  be  bound 
and  liable  for  the  eventual  condemnation-money,  and  execution  shall 
issue  against  them  in  the  same  manner  as  against  securities  on  ap- 
peals: Provided  a/so,  that  when  the  party  taking  out    the  warrant  Bond,  how- 
shall  refuse  or  be  unable  to  give   such  security,  then   the   Judge    or  if  by' Sr"' 
Justice  may  in  his  discretion  deliver  over  such  negroes  or  othel*  per- iSfouf '^ 
sonal  property  to  the  opposite  party,  upon   their  entering  into  a  like  ^^'^-^  *  ^''^® 
recognisance,  with  security  of  the  same  nature  and  effect,  and  to  be  ?^"^r^\ ^^e 
disposed  of  in  the  same  manner.     And  if,  upon  return  of    the  w     ifprl^^u% 
rant,  it  shall  appear  that  the  negroes  or  other  personal  property  are  in  S,\he''party 
the  possession,  power,  custody  or   control    of  the  defendant,  or  any  ^'^^  '^J*^^ 
agent  or  friend  of  his  or  acting  for  or  intrusted  with  them  for  him,  and 


592         JUDICIARY.— Sup'r  and  Inf'r  C'TS—Surcfies,  (^c— 1810. 

Soreties  and  Indorsers — Surety  paying  off  Jl-  fa.  entitled  to  control. 

— I-,"- 

the  said  defendant  doth  not  produce  or  cause  to  be  forthcoming  the 
said  negroes  or  other  personal  property  to  be  dealt  with  as  the  law 
directs,  the  said  defendant  shall  be  committed  to  jail ;  there  to  remain 
in  safe  and  close  custody,  without  bail  or  mainprise,  until  the  said 
negroes  or  other  personal  property  shall  be  produced  or  forthcoming. 
to  be  disposed  of,  as  aforesaid  ;  Provided  always,  that  no  person  or 
persons  shall  be  so  committed  for  refusing  to  produce,  or  cause  to  be 
forthcoming,  any  negro  or  other  personal  chattel  which  he,  she,  or 
they  shall  satisfactorily  prove  to  have  been  in  his  or  her  quiet  and 
peaceable  possession  for  four  years  next  immediately  preceding  the 
passing  of  this  Act,  or  next  immediately  preceding  the  issuing  of  tlie 
warrant. 

Sec.  II.     [Bail  in  trover  cases,  see  ''  Bail,"  sec.  95,  this  title.] 


Provtsjo — 4 
years'  quiet 

a  gixid  de- 


AUT.  XXI.     SURETIES  AND  INDORSERS.* 


Sec.  430.  Surety  pacing,  has  control. 

"  431.  On  appeal,  &c.  paying  off. 

<'  432.  Judgment  vs.  surety  on  appeal. 

"  433.  Surety  on  stay  ;  also. 

*'  434.  Defence  by  surety. 

"  435.  Sureties  theretofore. 

*'  436.  Evidence  of  suretyship. 

"  437.  Notice   to  indorsers.     Suits  vs. 

«•  438.  Notice  to  collect. 

«*  439,  Control  after  judgment. 

"  440.  Though  no  defence. 

**  441.  Notice  to  collect. 


Sec.  442.  Control  by  Bank  indorser. 

"  443.  Control  vs.  co-securities. 

"  444.  By  two  jointly. 

'*  445.  Delivery  of  ^./rt. 

"  4i6.  Control:  6o?j.a;?cZc;  purchaser. 

"  447.  Judgment  vs.  indorsers. 

*'  44S.  Control  ys.  co-sureties. 

*'  449.  By  proof  after  judgment. 

"  450.  Judgment  vs.  surety  alone. 

"  451.  Suits  r-.j.  surety. 

"  452.  Control  vs.  co-sureties. 

"  453.  Control  by  indorser. 


Ayi  Act  to  define  the  ditties  of  the  Clerks  of  the  Superior  and  Infe^ 
r'lor  Courts  of  this  State,  and  Sheriffs. — Approved  Dec.  15,  1810. 
Vol.  il.  664. 


[Sscs.  1.  IL  III.  IV.     See  Art.  XVII.  OiFicers  of  Court,  sec.  374.  J 
430.   Sec.   V.     Where  it  shall  appear  by  the    Sheriff's  return  oa 
im^'sLii  ^^y  execution  or  executions,  that  the  same  has  been  paid  by  a  secu- 
rity or  securities,  it  shall  be  the  duty  of  the  Clerk  to  make  such  en- 
thoexecM-    try  in  such  docket  book,  and  such  security  or  securities  shall  have 
uje'pri'i'^pai  the  use  and  control  of  said  execution  for  the   purpose   of  remuner- 
ating him  or  themselves  out  of  the  principal  for  whom   he  or  they 
£tood  security. f 


g'JTcty  ma- 
kill  s  ]);i:> 
in. 

h'lve  the 
bivnofit  of 


*Y/here  surety  on  administrator's,  &c.  bond  has  paid  off  the  judgment,  entitled  to  the 
control,  see  Art.  III.  <' Action,'"  "Parties,"  sec.  102,  this  title.  Also  as  to  suits  agaiiist 
them,  sec.  101. 

As  to  ne  exeats  in  favor  of  surety  against  his  principal  or  co-security,  see  Art.  IV. 
"  Certioraries,  Injunction  and  Ne  Exeat,"  &c.  sec.  225,  of  this  title. 

For  Act  for  relief  of  sureties  of  public  officers,  see  "  State  Officers,"  sec.  68. 

Astox^rocess  of  attachment  in  favor  of  sureties  and  indorsers,  see  title  "Attach- 
ment," &c.  sees.   16,  59. 

As  to  rights  in  Justice's  Courts,  see  "  Justices  of  the  Peace,"  sees.  20,  31. 

fFiirther  provisions  on  tliis  subtject.  Acts  of  1826,  1831,  and  1845,  sees.  431,  439, 
446. 


JUDICIARY.— Sup'r  and  Inf'r  C'ts—S iireti.es,  ^T.— 1826.        593 

Control  by  Surety — Special  Defence. 


A?i  Ad  to  define  the  liability  of  securities  on  appeal,  on  stay  of  exe- 
cution, and  for  the  protection  of  bail  07i  recognizance,  bond,  note^ 
or  other  cort^/m-^.— Approved  Dec.  20,  1826.     Vol.  lY.  216. 

431.  In  all  cases  where  any  person  or  persons  hath  heretofore  sureties  on 
entered  himself  as  security  on  appeal,*  or  for  stay  of  execution  iust-i^^'tfexe- 
any  case,  in  any  Court  in  this  State,  and  may  subsequently  thereto  havrdis-^** 
have  paid  off  and  discharged  the  execution  issumg  in  such  case,  it  g!j,^^'p°''fo^J® 
shall  and  may  be  lawful  for  such  security  to  apply  to  the  Sheriff,  entitled  to 
Clerk,  Constable,  Marshal,  or  Attorney,  to  whom  such  payment  may  thereof, Tor 
be  made,  and  procure  an  entry  or  certificate  to  be  made  on  such  ex-  of^ifrocS 
ecution  that  the  same  was  paid  by  the  security,  and  such  security  shall '"-  against 
thereupon  be  entitled  to  the  use  and  control  of  such  execution  for  p^i- 

the  purpose  of  proceeding  against  his  principal.! 

432.  Sec.  II.    In  all  cases  of  appeal  where  security  hath  been  giv-  on  appeal 
en,  and  hereafter  given,  and  hereafter  to  be  tried,  it  shall  and  may  nient'to"b/" 
be  lawful  for  the  plaintiff  or  his  attorney  to   enter   up  judgment  ^"^^"^^'^ 


against  the 

against  the  principal  and  the  security,  jointly  or  severally, t  and  execu-  p"»cipaian(i 
tion  shall  issue  accordingly  and  proceed  against  either  or  both,  at  the 
option  of  the  plaintiff"  until  he  is  satisfied  ;^  Provided  nevertheless,  if  Proviso. 
the  execution  against  the  security  or  securities  be  first  paid  by  him 
or  them,  then  the  execution  against  the  principal  shall  still  be  of 
force  and  under  the  control  of  the  security  or  securities,  until  the 
same  bp  satisfied  by  said  principal."^ 

433.  Sec.   III.     Where  security  ^hall  have  been  given,   or   may  xn  stay  of  ex- 
hereafter  be  ariven  for  the  stay  of  an  execution  after  judmnent,  exe- ®^'^^i^"'  ^^^ 

<->  .'  ^i'        o  7  surety  eiiti- 

cution  shall  issue  as  in  cases  of  appeal  asrainst  the  principal   and  se-  tied  to  the 

..,  ,.  ,^^  111  ^ni-         Ti       ^i^^e   control. 

curity,  jomtly  or  severally,  and  proceed  and   be  controlled    ni    iike 
manner.  J 

434.  Sec.  lY.     When  any  person  or  persons  hath  heretofore  or  sureties  an 
shall  hereafter  become  bail  on  recognizance,    or  security  on    bond,  &e"  w'hen^^' 
note,  or  other  contract,  and  shall  be  sued  thereon,  it   shall  and  may '■^^■''^,^'  ^"'^^y.  . 

'  '  .  -i       r  make  special 

be  lawful  for  such  bail  or  security  on  the  trial  of  such  case  to  make  defence,  and 
soecial  defence;^  and  in  case  it  should  appear  to  the  Court  that   one  eitfred" 
or  more  of  the  defendants  is  or  are  securities  only,  and  not  interest-  afsureVies^ 
ed  in  the  consideration  of  the  contract  sued  on,  tiien  and  in    such  ?'^^^''  ^":^ 

'     .  tney  enti- 

case  verdict  and  iudcj^ment  shall  be  entered  accoraingly,  and  further  tied  to  tho 
proceedings  had,  and  privileges  exercised  as  hereinbefore  prescribed  such.  ° 
in  behalf  of  the  other  securities  ;  Provided,  the  plaintiff  shall  in  no  proviso. 


*Yvlicre  only  one  of  several  parties  appeals,    Rurety's    rrmedy  is  only  against  th 
^.rty  appealing.    ISec  Art.  III.  "Action,"  "  Verdicts,  Judgment  and  Appeals,"  sec.  14 


the 
party  appealing.  ISec  Art.  III.  "Action,"  "  Verdicts,  Judgment  and  Appeals,"  sec.  149 
of  this  title. 

tSee  further,  Acts  of  1831  and  1845,  sees.  439,  443. 

J  Similar  provision  in  Act  of  1799.  See  "Verdict,  Judgment,  &c<,"  under  Art.  III. 
"Action,"  sec.  131. 

§Only  against  party  appealing;  see  same  Art,  sec.  149. 

(1.)  This  provision  cumulative,  and  does  not  take  away  the  process  by  sci.  fa.  6   Ga. 
416. 
(2.)  Parol  evidence  admissible  to  show  that  he  is  surety.     6  Ga,  45. 
7^ 


594         JUDICIARY.— Sup'r  and  Inf'r  C'ts— Sureties,  (^c— 1826. 

Notice  to  Indorsers — Suits  against. 

case  be  delayed  by  any  dispute  which  may  arise  between  the  defend- 
ants, but  the  Court  shall  decide  the  issues  and  the  verdict  which  may 
have  been  finally  rendered  on  the  issues  between   the    defendants, 
shall  relate  back  to  the  time  of  the  verdict  and  judgment  in  favor  of 
the  plaintiff. 
Same  privi-j      435.  Sec.  Y.     In  all  cases  in  which  any  person  or  persons  hath 
those %'ho   heretofore  become  security  in  the  manner  hereinbefore  specified,  and 
cSIie^rety  judgment  has  been  rendered  against  him  or  them,  and  execution  has 
heretofore,    bceu  issucd  accordingly,  in  which  they  may  be  able  to  show  that  he 
or  they  were  security  only,  and  as  such  hath  or  have  been*  paid  off 
and  discharged  such  execution,  such  security  or  securities  shall  have 
the  benefit  thereof,  and  power  to  control  the  same,   for  the  purpose 
of  indemnifying  himself  or  themselves  out  of  the  prof  erty  of   the 
principal. 
When  a  per-      ^^^'  ^^c.  YI.     When  any  security  to  any  note,  bond,  or  obliga- 
Srib^i'his    ^i*^^^j  shall  subscribe  himself  as  security,  such  statement  appended  to 
name  as       his  uauic  ou  tiic  Said  uotc,  bond,  or  obligation,  shall  be  held  and  tak- 

surety    the  .  >  /  <^  ^ 

Kiime'tobo  en  as  good  evidence  of  his  being  such  security,  and  the  plaintiff  shall 
proo?thereofSue  out  Original  and  mesne  process  against  him  accordingly. f 

i 

An  Act  to  define  tJce  Uability  of  endorsers  of  jnomissory  notes  and  oth- 
er instruments ,  and  to  yhice  them  iqwii  the  same  footing  with  securi- 
ties.—A^pi'oved  Dec.  26,  1S26.     Vol.  IV.  76. 

Endorsers  437.  From  and  after  the  passage  of  this  Act,  that  the  practice 
^iied'p^So-  tieretofore  required  of  making  a  demand  of  the  makers  of  prcmis- 
«»ce,  sory  notes  and  other  instruments,  for  the  payment  and  performance 

of  the  same,  and  their  giving  notice  of  such  demand  within  a  rea- 
sonable time  to  the  endorsers  of  said  promissory  notes  and  other  in- 
struments,^ shall  cease  and  become  entirely  umiecessary  to  bind  said 
^nd  the  en-  cudorscrs,  and  whenever  any  person    whatever   endorses  a  promis- 
fSTeid'ir  s^^T  ^^ote  or  other  instrument,  he  shall  be  held,  taken,  and  consider- 
a  security,    ed  as  sccurity  to  the  same,  and  be  in  all  respects  bound  as  security, 
until  said  promissory  note  or  other  instrument   is  paid  off    and   dis- 
And  may  be  charged,^  and  shall  be  liable  to  be  sued  in  -the  same  manner  and  in 
laraVact^on  ^^^^  sauic  actiou  with  the  principal  or  maker  of  said  promissory  notes 
^rinc^ai     ^^'  other  instruments  ;  any  law,  practice,   or  usage  to  the  contrary 
Bank  notes  notwithstandinsr :  Provided  always  that  nothinar  herein   contained 
shall  extend  to  any  promissory  notes  which  shall  be   given  for  the 
purpose  of  negotiation,  or  intended  to  be  negotiated  at  any  chartered 
bank,  or  which  may  be  deposited  in  any  chartered  bank  for  collec- 
tion; andp'ovided  also,  that  nothing  contained  in  this  Act  shall  be 

*"Been"  is  a  mistake  in  enrolling. 

tSc2  Acts  of  1831  and  18i<5,  amending  and  explaining  tliis  Act.  See  also,  Acts  of  1839 
and  1840,  sees.  442,  443. 

(1.)  Foreign  bills  of  exchange  are  included  under  this  Act.    4  Ga.  101. 

An  indorser  in  blank  cannot  show  by  parol  that  an  unconditional  note  was  intended  to  b« 
negotiated  at  bank.    4  Ga.  106. 

(2.)  A.  note  made  by  A,  payable  to  B  or  order,  and  indorsed  by  C,  C  under  this  Act  is  liable 
as  surety,    i  Ga.  266. 


excepted. 


JUDICIARY.— Sup'r  and  Inf'r  C'ts— Sureties,  c^-c.— 1831.         595 

Notice  to  sue — Control  to  Surety, 

construed  as  to  prevent  the  endorser  from  defining  his   liability    in 
tlie  endorsement. 

438.  Sec.  II.     Any  security  or  endorser  may,  whenever  he  thinks  The  sarety 
proper,  after  the  note  or  instrument  becomes  due,  require  the  holder  to  lhoco*i?ection 
proceed  to  collect  the  same  ;  and  if  he  should  not  proceed  to  do  so  "harg^.^" 
within  three  months,  the  endorser  or  security  shall  be   no   longer 
liable.* 


Afi  Act  to  alter  and  amend  an  Act,  entitled  an  Act  to  define  the  lioJjility 
of  securities  on  nj)peal,  on  stay  of  execution,  and  for  the  iirotcction   of 
hail,  on  recognizance,  bond,  note  or  other    contract, — Approved  Dec. 
26,  1831.     Pam.  133. 

Whereas,  doubts  exist  whether  the  security  or  securities,  against 
whom  judgment  has  been  rendered,  and  execution  has  issued  ac- 
cordingly, upon  any  contract,  bond  or  note,  since  the  passage  of  the 
above-recited  Act,  can  have  legally  the  control  of  the  execution 
where  the  same  has  been  paid  off  by  such  security  or  securities,  and 
they  have  neglected  to  make  special  defence  at  the  trial,  to  indemni- 
fy themselves  out  of  the  property  of  the  principal;  for  remedy 
whereof, 

439.  Be  it  enacted,  That  from  and  after  the  passage  of  this   Act,  sureties 
it  shall  and  may  be  lawful  for  any  person  or  persons,  who  have  here-  SroP^*f 
tofore  become  security  on  any  note,  bond  or  other  contract,  and  not  J^^j^.'^'j|J''"J  ^ 
interested  in  the  consideration  thereof,  and  judgment  has  been  ren- iiavo puici  "ir 
dered  against  them,  and  execution  issued  accordingly,  and  such  se-fythecoun 
curity  or  securities  ha-#e  been  heretofore  compelled  to  pay  off  such  ll^nafid^^' 
judgment  or  execution,  he,  she,  or  they,  shall  be  entitled  to  the  con-^"*^'*- 

trol  of  the  same  for  the  purpose  of  remunerating  him,  her  or  them, 
out  of  the  property  of  the  principal  or  principals:^  Provided  alivays, 
that  it  shall  be  made  satisfactorily  appear  to  the  Court  from  whence  the 
execution  issued,  that  such  person  or  persons  assuming  to  have  the 
control  of  any  judgment  or  execution  as  aforesaid,  were  bona  fide  secu- 
rity or  securities  only,  upon  the  original i>ond,  note  or  contract,  which 
Was  the  foundation  of  the  judgment  and  execution. 

440,  Where  any  security  or  securities  as  aforesaid,  shall  fail  at  Though  no 
the  trial  of  the  note,  bond,  or  other  instrument  upon  which  he,  she,  fenco^w:^ 
or  they,  were  security  or  securities,  to  make   special  defence  there-  ™-!^f  ^^  ^^® 
of,  it  shall  be  lawful  for  such  security  or  securities  to   take   control 

after  payment  thereof,  of  the  said^.  /«.  after  complying  with  the 
requisitions  of  the  first  section  of  this  Act,   and  that  all   laws  and 

*See  also,  Act  of  1831,  sec.  441. 

(I  )  The  lien  dates  back  to  the  date  of  the  judgment.    4  Ga.  123. 

The  several  Statutes  giving  control  to  sureties,  extend  to  representatives  of  deceased  sure- 
tie?.    4  Ga.  521, 

To  executors  deson  tort.  Qu'ery  ?  IB. 

The  surety  is  entitled  to  the  order  giving  control,  although  the  judgment  be  dormant.  5 
Ga.  580. 

Sureties  on  claim  bonds  are  included.    Keith  ts.  Whelchel,    9  Ga,  Rep. 


596     JUDICIARY.— Sup'r  and  Ixf'r  C'ts— Sureties, Sf'c.—lS31-'39. 

Notice  to  holder  to  sue — Control  to  Indorsers. 

parts  of  laws  militating  against  this  Act,  are,  and  the  same  are  here- 
by repealed. 


An  Act  declaring  and  making  certain  the  law  defining  the  liahility 
of  endorsers  and  securities  to  promissory  notes  and  other  instru- 
ments, ivhcn  tJie  holder  thereof  shall  fail  to  proceed  to  collect  the 
same  afternotice. — Approved  Dec.  26,  1831.     Pam.  136. 

Whereas,  the  Legislature  of  this  State,  did  on  the   twenty-sixth 
.  of  December,  1826,  pass  an  Act,  entitled  ''an  Act,  to  define  the  lia- 
bility of  endorsers  of  promissory  notes  and  other  instruments,  and  to 
place  them  upon  the  same  footing  with  securities,"   by  the  second 
section  of  \Yhich  Act,  it  is  provided,  that  "  any  security  or  endorser 
may  whenever  he  thinks  proper,  after  the  note  or  instrument  be- 
comes due,  require  the  holder  to  proceed  to  collect  the  same,  and  if 
he  should  not  proceed  to  do  so  within  three  months,  the  endorser  or 
security  shall  be  no  longer  liable ;''   And  ichereas,  the  constitutionality 
of  said  second  section  is  doubted,  by  reason  of    its  departure  from 
the  title  of  said  bill ;  for  remedy  whereof, 
The  holder;       441.   Bc  it  enacted ,  That  in  every  case  which  may  hereafter  arise, 
note,  &c.     where  the  security  or  endorser  of  any  promissory  note  or  other  in- 
Tng  when^^"  strument,  after  the  same  has  or  shall  become  due,   has  requii'ed   or 
theSie^^  shall  hereafter  require  the  holder  thereof  to  proceed  to  ^collect   the 
to  collect  it' same,  and  the  said  holder  has  not  proceeded  or  shall  not  proceed  to 

m  3  months,  i-,.,  ir  i  •  •••! 

loses  his      do  so,  withui  three  months  alter  such  notice  or  requisition,   the   en- 
endorser.-,    dorscr  or  sccurity  shall  be  no  longer  liable.^ 


An  Act  to  iirovide  a  remedy  for  indorsers  against  all  prior  indorsers  and 
the  makers  of  p?omissory  notes  and  other  contracts,  in  certain  cases 
therein  mentioned. — Assented  to  Dec.  21,  1S39.     Pam.  58. 

Bank  in-  442.   Sec.  I.     Be  it  enacted,  That  from  and  immediately  after  the 

cimr^nj  M-  passagc  of  this  Act,  it  sliall  and  may  be  lawful  for  all  persons  who 

have'i"  mroi  shall  hereafter  become  endorsers  on  any  promissory  note,   bond  or 

liiilSr'^^'^  other  contract,  made  in  the  face  thereof  payable  at  any  chartered  bank, 

or  which  shall  be  negotiated  at  any  chartered  bank,  or  deposited  there 

for  collection,*  and  where  said  endorsers  are   not  interested  in   the 

consideration  thereof,  and  judgment  has  been  rendered  against  them, 

and  execution  has  been  issued  thereon  accordingly,  and  where  such 

*See  Act  of  1850,  sec.  4<53,  as  to  all  indorsers. 

(1.)  Must  site  a  dormant  partner  when  required  to  do  so.     3  Kelly,  523. 

Anindorserwho  haspaidoff  anote  is  a /io/f/er,  andmay  be  affected  by  notice.  lb.  "\^Tiere 
•  the  principal  moved  out  of  the  State  before  the  three  months  expired,  held  that  the  holder 
had  the/«^^  three  months  in  which  to  sue.  lb, 

Thou"-h  the  holder  reside  out  of  Georgia,  if  the  indorsement  be  a  Georgia  contract,  the  in- 
dorscr  may  give  notice.    4  Gr?.  10. 

The  notice  by  one  surety  inures  to  the  benefit  of  the  others,  where  more  than  one.  4  Ga. 
39".  Notice  to  the  cashier  of  a  bank  is  sufficient,  and  banks  maybe  notified  as  holders.  6 
Ga.44. 


JUDICIARY.— Sup'r  and  Inf'r  Ch^— Sureties,  6fc.—lM{).  597 

Bank  Inclorser  to  have  control — Surety  against  Co-surety. 

endorser  or  endorsers,  shall  hereafter  be  compelled  to  pay  off  such 
judgments  or  executions,  he,  she,  or  they  shall  be  entitled  to  the  full 
control  of  each  and  e\^ery  judgment  or  execution  that'  shall  or  may 
be  founded  upon  the  same  instrument  as  against  the  makers  thereof, 
and  all  prior  endorsers  thereon,  for  the  purpose  of  reimbursing  and 
remunerating  him,  her,  or  themselves  out  of  the  property  of  said 
inaker^  and  endorsers :  Provided^  the  person  applying  for  such  con- 
trol shall  make  it  appear  to  the  Court  from  whence  the  execution  is-  Proviso, 
sued,  that  he  was  only  endorser  thereon,  and  not  interested*  in  the 
consideration  of  said  contract,  and  that  he  has  bona  fide  paid  off 
and  discharged  the  judgment  or  execution  that  has  been  rendered  or 
issued  against  him,  and  all  costs_  on  the  other  judgments. 
Sec.  II.      [Repealing  clause.] 

An  Act  for  the  relief  of  Securities. — Assented  to  Dec.   22,    1840, 

Pam.    172. 

^  443.  Whereas,  great  inconvience  arises,  and  often  great  injustice  done 
to  individuals  being  parties  in  execution,  under  the  existing  law,  as 
co-securities — for  the  fact,  that  whereas  one  security  (as  the  case 
'may  be)  having  been  compelled  under  execution  to  pa}^  the  debt  or 
obligation  of  his  principal,  is  not  allowed  to  control  or  collect  by 
said  execution,  each  security's  proportionable  part  of  said  execution 
so  paid,  but  must  proceed  by  an  action  at  law ;  for  remedy  whereof, 

Sec.   I.     Beit  enacted^  That  from  and  immediately  after  the  pas- surety  dis-' 
sage  of  this  Act,  any  security  (who  may  be  sued  together  with  oth-^il^^nfayhave 
er  securities)  shall  pay  or  discharge    any   execution    or   executions  ^^"JJ^f^  ^^,3 
issued  against  principal  or  co-securities,  shall,  after  an  entr}^  is  made  cu-sureUes. 
on  the  said  executions  by  the  collecting  officer,  that   the   same   has 
been  well  and  truly  paid  by  said  security,  then  and   in  such  cases, 
the  said  security  so  paying  or  discharging  said  execution  [shall  have 
control  thereof]  against  ea^h  co-securit3^  who  may  have  been  made  a 
party  to  said  suit,  for  the  proportionable  part  equitably  due  by  each, 
and  no  more  ;*    Provided  nevertheless^  that  all  should  be  equally  re- 
sponsible ;  if  not,  then  to  be  equally  divided  or  paid  by  those  who  are.^ 

444.  Sec.  II.  Any  execution  so  paid  or  satisfied  by  two  or  more  se-  Two  shall 
curities,  shall  be  held  as  the  joint  property  of  said  securities  against  all  johuiy. 
the  parties  equally  concerned  for  their  proportionable  part. 

445.  Sec.  III.  After  payment  and  entry  made,  as  herein  prescribed,  f/.  /ato  be 
it  shall  be  the  duty  of  the  officer  making  the   entry  to  deliver  said  sulet"'''^  ^'^ 
execution  to  the  security  who  shall  have  made  the  payment,  to    be 

used  and  controlled  as  herein  mentioned. 

Sec.  ly.     All  laws  and  parts  of  laws  militating  against  this   law 
be,  and  the  same  are  hereby  repealed. 

*  Amended  by  Act  of  1850,  sees.  448,  452. 

(1.)  Such  control  must  be  by  order  of  Court,  and  a  voluntary  payment  will  authorize  it.  1 
Kelly,  2^5.  In  Equity,  order  need  not  be  shown.  75.211.  This  Act  does  not  apply  to  any 
but  bank  indorsers.    lb,  463.     (See  Act  of  1850.) 

(2.)  Accommodation  indorsers  are  not  liable  to  contribution,  at  Common  Law,  nor  by  our 
Statutes,  1  Kelly,  205. 


598         JUDICIARY.— Sup'r  and  Inf'r  C'Ts—Snmies,  (^c— 1845. 

Kights  of  Surety — Bonu  Jidii  Purcliaser — Suit  vs.  Indorser. 


An  Act  to  explain  and  amend  the  first  section  of  an  Act  approved 
twentieth  December,  eighteen  hundred  and  twenty-six,  entitled  an 
Act  to  define  the  liability  oj  Securities  on  Appeal,  on  Stay  oj  Exe^ 
cutions,  and  for  the  protection  of  Bail  on  Recognisance,  Bond, 
Note  or  other  Contract.  Also  to  explain  and  amend  the  first  sec^ 
tion  of  an  Act  approved  December  twenty-sixth,  eighteen  hundred 
and  thirty-one,  entitled  an  Act  to  alter  and  amend  an  Act,  entitled 
an  Act  to  define  the  liability  of  Securities  on  Appeal,  on  Stay  of 
Executions,  and  for  the  protection  of  Bail  on  Recognizance,  Bondj 
Note,  or  other  Contract. — Approved  Dec.  27,  1845.     Pain.  41. 

Surety  here-      446.     Be  it  enacted.  That  from  and  immediately  after  the  passage 
h°ererfter      of  this  Act,  it  shall  and  may  be  lawful  for  any  person  or  persons  who 
f^fl^lS'  have  heretofore  become  security  on  any  note,  bond  or  other  instrument 
have  w.niroi  jj-^  writings  and  not  interested  in  the  consideration,  and  judgment  has 
been  rendered  against  them,   and  such    security  or  securities  have 
been    heretofore    compelled  to  pay    off    such  judgment,  or    may 
hereafter  be  compelled  to  pay  qff  such   judgmont,  he,  she  or   they 
shall  be  entitled  to  the  control  of  the  same,  and  be  permitted  to  use 
and  control  the  same  in  as  full  and  ample  a  manner  as  the  party 
plaintiff  could  have  done  against    the  principal  debtor  or  debtors  : 
Provided  always,  that  it  shall  be  made    satisfactorily  appear   to  the 
Court  where  said  judgment  was  rendered,  that  such  person,  or  per- 
sons assuming  to    have  the  control  of  any  judgment    as   aforesaid, 
were  bona  fide  security  or  securities  only,  upon    the    original  bond, 
note,  or  other  instrument,  which  w^as    the   foundation  of  the   judg- 
Bonn  fide     meut.     P rovldcd  furtlier,    that  this  Act  shall  not  affect  the  rights  of 
pure  dser.    ^^^  i^ona  fide  purchaser,  without  actual    notice  of  such  securityship 
and  judgment,  acquired  before  the  passage  of  the  same. 

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


An  Act  to  prescribe  the  mode  of  signing  Judgment  and  issuing  Execu- 
tion against  Endorsers  in  certain  cases. — Approved  Dec.  27,  1845. 
Pam.  39. 

jndgmenton      447.   Sec.  I.     Be  it  enacted,  That  from   and  after  the  passage  of 
dor.irl'shaii  this  Act,  iu  all  cascs  where  one  or  more  persons  are  endorsers    upon 
tho'Smract.  ^i^y  t)ill  of  exchange,   promissory  note,  or  other  instrument  in  writ- 
ing, and  separate  suits  may  be    prosecuted  against  sucli  endorsers  in 
any  Court  of  this  State,   it  shall  be  the  duty  of  the  plaintiff  or  his 
attorney  in  signing  judgment    in  such  suits    against  such  endorsers, 
Execution,   to  designate  and  identify  the  contract    on   which   such  judgment    is 
rendered,  and  that  execution  sliall  issue  accordingly. 

Sec.  II.     All  laws  and  parts  of  laws  militating  against    this  Act, 
be  and  are  hereby  repealed. 

jin  Act  to  alter,  amend  and  explain  the  first  section  of  an  Act  passed  for 
the  relief  of  Co-securities ^  assented  to  the  22d  December ^  1840,   a?id 


JUDICIARY.— Sup'r  and  Lnf'r  C'TS^Sureties,  t^-c— 1850.       599 


Surety's  control  vs.  Co-sureties. 


to  authorize  Constables  to  levy  certain    Executions — Approved  Feb. 
8,  1850.     Pam.  277. 

Whereas^  great  doubt  exists  v/hether  a  co-security  who  has  been 
sued  with  other  securities  as  such,  as  also  co-securities  who  have 
omitted  to  sign  the  original  note  or  contract  as  security,  and  also  n«^g- 
lected  to  make  special  defence  at  the  trial  of  the  same,  showing  him 
or  themselves  security  on  the  original  contract,  and  against  whom 
executions  have  issued,  and  who  have  been  compelled  to  pay  off  the 
same,  can  have  control  of  the  same  for  the  purpose  of  reimbursing 
him  or  themselves  out  of  the  property  of  the  co-securities  :* 

448.  Sec.  I.     For  remedy  whereof,  he  it  enacted,  That  from  and  ^J^^^^y^^^j 
immediately  after  the  passage   of  this    Act,   any  security  who  may  against  hi* 
have  been,  or  who  may  hereafter  be  sued  as  such,  with  other  co-se- 
curities, and  against  whom  execution  may  have  been,  or  may  be    is- 
sued, and  who  may  have  been,  or     may   hereafter  be  compelled  to 

pay  off  th«  same,  shall,  after  an  entry  made  by  the  collecting  officer, 
that  the  same  has  been  well  and  truly  paid  by  such  security,  have 
control  of  the  execution  or  executions  for  the  purpose  of  reimburs- 
ing him  or  themselves  proportionably,  out  of  the  property  of  the 
co-security  or  securities 

449.  Sec.  11.     Any  security  who  may  have  been  or  may  be  sued  f  """^^  ^'^ 

.'  .'  •'  •'  does  not  ap- 

together  with  other  securities,  and  who  have  omitled  or  may  omit  pear  euch, 
to  sign  the  original  note  or  contract  as  security,  and  who  when  sued  JTroon"  the 
have  neglected  or  m^y  neglect  to  make  special  defence   at  the  trial,  S*ntroi^^^ 
showing  himself  or  themselves  security  on  the  original  contract,  and-'^-^'^ 
against  whom  execution  has  issued  or  may  issue,  and  who  have  been 
or  may  be  compelled  to  pay  off  the  same,  shall  upon  showing  to  the 
Court  from  whence  said  execution  or  executions  issued,  that  he  or 
they  were  bona  fide  security  or  securities  on  the  original  contract, 
and  not  interested  in  the  original  consideration,  have  an  entry  by  the 
Court  that  he  or  they  are  security  or  securities  on  the  execution  or  ex- 
ecutions, and  after  which,  and  upon  having   an   entry  made  by  the 
collecting  officer,  on  the  execution  or  executions,  that  the  same   has 
been  well  and  truly  paid  by  said  security  or  securities,  then  and  in 
such  cases,  said  security  or  securities  so  paying   off  and  discharging 
said  execiUion  or  executions,  shall  have  control  of  the  .f>ame  for  the  contribution 
purpose  of  collecting  by  levy  and  sale  from  each  co-security  so  sued  re'^^n'slwe? 
together,  or  such  as  may  be  responsible,  the  proportionable  share 
due  by  each  upon  such    execution  or  executions :  Prdvided   never- 
theless, thai  it  any  should  not  be   responsible,  then  the  amount   so 
paid  on  said  execution  or  executions  by  such  security,  is  to  be  equal- 
ly divided  between  those  securities  who  are. 

Sec.  III.  [Authorizhig  Constables  to  levy  executions  against 
Sheriff.  See  Art.  111.  "Action,"  '*  Execution,  Sale,"  &c.  sec. 
205,  of  this  title.] 

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

♦See  also»  next  Act. 


600 


JUDICTARY.— Sup'r  AND  Inf'r  C'ts— Usury— 184:2. 


Judgment  vs.  Surety  alone — Control — Indorser — Usury. 


An  Act  to  amend  an  Act  entitled  an  Act  to  alter  and  amend  an  Act 

entitled  an  Act  to  define  the  liahiliiy  of  sureties  on   Appeals.  6^*0, 
Approved  December  2(jth,  1831. — Approved  Feb.  23,  1850.    Pam. 

280. 

Where judg-      450.   Sec.  I.     Be  it  enacted,  That  whenever  any  person  has  or 
sumySonl  shall  bocome  surety  on  any  note,  bond  or  other  contract,  and  fails   to 
cGuTrol.  °°^  sign  his  name  as  such,  and  separate  actions  are  brought  against  such 
surety  and  his    principal,   and    the  surety  shall  or  may  pay  off  the 
judgment  rendered  against  himself,  and  shall  make   it  appear  to  the 
Court  in  which  the  judgment  was  obtained,  that  he  was  only  a  sure- 
ty on  such  bond,  note,  &c.  and  not  interested   in  the    consideration 
thereof,  that  then  and  in  that  event,  he  shall  be  entitled  to  the    con- 
trol of  the  judgment  against  his  principal  for  the  purpose   of  remun- 
erating himself  out  of  his  property. 
Fuitvs.pnre-      451.   Sec.  II.     Whcu  auy  surcty  sliall  or  may   sign  his  name  as 
iVnTteMm°  such,  to   any  bond,  note    or    other  contract,  and  separate  suits  are 
as  such.       brought  against  him  and  his  ];»incipal,  that  he  shall  be  sued  as  surety 
and  as  such,  mesne  and  final  process  shall  go  against  him,  and  on  his 
paying  off  the  judgment  obtained  against  himself,  he  snail  have  con- 
trol of  the  execution  against  his  principal  for  his  reimbursement. 

452.  Sec.  III.  Where  there  are  two  or  more  sureties  to  any 
note,  bond,  or  other  written  contract,  and  such  sureties  are  or  m.a^/  be 
sued  in  separate  actions,  the  surety  paying  off  the  debts  shall  have 
the  control  of  the  executions  obtained  against  his  co-sureties,  for 
the  purpose  of  collecting  out  of  them  their  pro  rata  part  of  the  debt ; 
and  if  such  surety  should  fail  to  sign  his  name  as  such,  then  on  his 
making  it  appear  to  the  Court  in  which  suck  suit  was  brought,  that 
Ike  was  only  a  surety,  and  not  interested  in  the  consideration  of  the 
debt,  he  shall  have  the  control  of  the  executions  issued  against  his 
co-securities  to  the  same  extent  and  for  the  same  purpose  as  is  pro- 
vided in  the  foregoing  part  of  this  section. 

453.  Sec.  17.     If  separate  suits  are  or  hereafter  may  be  brought 
in  any  of  the  Courts  of  this  State,  against  the  maker  and  endorsers 

ker  and  pri-  of  auy  promissory  note,  and  the  debt  is  or  may  be  collected  of  one  of 
"'^'" '^^°^'^^' said  endorsers,  in  that  event   such  endorser,  for  his   reimbursement, 

shall  have  the  control  of  the  execution  issued  against  the  maker  of 

the  note,  as  well  also  as  of  the  execution  obtained  against  any  of  the 

prior  6  idorsers. 

Sec.  Y.     All  laws  and  parts  of  laws  militating  against  this  Act. 

be  and  the  same  are  hereby  repealed. 


Control  of,)?. 
fa.  vs.  co- 
sureties 
where  8ued 
separately. 


Indorser 
shall  have 
control 


ART.  XXII.     USURY. 


Sec.  4-54.  Discovery  of  Usury, 
"     loo.  Proof  by  defendant. 


Sec.  456.  Examination  of  party. 


A?i  Act  to  compel  parties  plaintiffs  in  the  several    Courts  of  this 
State,  where  the  plea  of  Usury  is  filed,  to  discover  on  oath,   the 


JUDICIARY.— Sup'r  and  Inf'r  C'ts—  Usifn/—1SA2.  601 

,^  „  ,.,_,  „ ,  ,  .. , ... It  ■.   -.  . 

Plea  of  Usury — Discovery — Proceeding's. 

truth  or  falsehood  of  the  facts  stated  in  such  plea^  or  to  allow  the 
defendant^  in  case  of  refusal  by  the  plaintiff ^  to  establish  tJie  facts 
contained,  in  such  plea  by  his  oivn  oath,  without  a  bill  for  discov- 
ery.— Assented  to  Dec.  28,  1842.     Pam.   178. 

454.  Sec.  I.  Be  it  enacted,  That  from  and  after  the  passage  ofuponpieaof 
this  Actj  that  in  all  cases  in  the  several  Courts  in  this  State,  when  and  notice  to 
the  plea  of  usury  shall  be  pleaded,  the  party  plaintiff  in  such  case,  SayTilfs^up. 
upon  notice  of  such  plea,  accompanied  by  a  copy  of  such  plea,  and  ^"Jj  ^SV^^v? 
which  shall  be  served  upon  said  plaintiff,  his  agent  or  attorney,  J5',j"[l^^/p"'lf,'^,j 
within  one  month  from  the  fding  of  such  plea  of  the  case  in  the  discover  m 
Superior  or  Inferior  Court,  and  within  ten  days,  if  the  case  is  in  truth  of  the 
any  Justice's  Court,  or  any  other  Court,  discover  on  oath,  by  his  writ-  ^'^^''^' 

ten  affidavit,  to  be  made  before  some  officer  legally  authorized  to 
administer  an  oath,  whether  the  fact  or  facts  set  forth  in  said  plea, 
are  true  as  to  the  usury,  and  whether  or  not  the  contract  upon  which 
said  suit  is  brouo^ht  was  usurious,  and  such  written  affidavit  may  be  Afn(iavit,cv- 

idence  fur 

read  in  evidence  on  the  trial  of  said  case  by  either  party. ^  cither  party. 

455.  Sec.  IL     If  any  party  plaintiff  shall  fail  or  refuse  to  make  Pia'^fi^*^''- 
the  discovery  as  provided  m  the  nrst    section  oi  this    Act,    that  the  insi.dcfond't 
party  defendant  in  said  case  may  make  an  affidavit  in  writing,  bet oie"''^^  ^^'^f^^'^- 
any  officer  authorized    to    administer  an  oath,  of  the    truth  of  the 

facts  set  forth  in  his  plea  as  to  the  usury  therein  pleaded,  and  said 
affidavit  of  the  defendant  may  be  read  on  the  trial  by  either  party  to 
said  case. 

456.  Sec.  III.     The   party  where  affidavit  is  used  as    evidence  Party  sv.car- 
as  provided  in  the  first  or  second  sections  of  this   Act,    shall  be    put  "Jus"elJum! 
upon  the  stand,  and   cross  examined    by   the  other  party  as   other  '"'^'^' 
witnesses. 

Sec.  1Y.  All  laws  and  parts  of  laws  militating  against  this  Act, 
be  and  the  same  arc  hereby  repealed. 

[Statutes  relative  to  the  '^Judiciary,"  omitted  as  obsolete,  repealed 
or  superseded.  Provincial  Act  of  1763,  Watk.  ^0  ]  1766, /Z/.  128  ; 
1778,  lb.  219;  1782,  lb.  ?.Si]  1786,  lb.  338;  1789,76.  382; 
1790,  lb.  422;  1791,  lb.  439  ;  1792,  lb.  471 ;  1793,  lb.  532;  1796, 
lb.  616;   1797,    Vol.  I.  271;  Feb.  7,  1799,  lb.  291.] 

(1.)  This  Act  applies  to  executors  and  administrators,  as  Atoll  as  original  parties.  4 
Ga.  474. 

If  the  plaintiff  files  his  affidavit  as  required,  though  the  usiu-y  is  not  discovered,  the 
defendant  cannot  use  his  own.     i  Ga    474. 
f 


602 


JUDICIARY.— City  Courts— .4?/o-w5/^_1817. 


Augusta — Mayor's  Court. 


B.    CITY  COURTS  OF  SPECIAL  JURISDICTION. 

AET.  I.  CITY  COURT  OF  AUGUSTA. 
"      II.  CITY  COURT  OF  SAVANNAH. 
"    III.  CITY  COURT  OF  DARIEN. 
"    lY.  POLICE  COURT  OF  SAVANNAH. 

ART.  I.  THE  COURT  OF  COMMON  PLEAS  FOR  THE  CITY  OF  AUGUSTA.* 


Sec. 


1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 
10. 
11. 
12. 
13. 
14. 
15. 
IG. 
17. 
18. 
19. 
20. 
21. 
22. 
23. 
21. 
25. 
28. 
27. 
28. 
29. 
30. 


Title  of  Mayor. 

Mayor" s  Court. 

Jurisdiction  and  Jurors. 

Commencement  of  suit. 

Joint  oblig»3r3. 

Bail. 

AVitnesses  and  subpoenas. 

Interrogatories. 

Executions. 

Attachments. 

Clerk  and  Sheriff. 

Their  fees. 

Sale  days. 

Consolidation  of  cases. 

Style  of  Court. 

Election  oi' Judge. 

Jurisdiction  extended. 

Attorney's  fees. 

Clerk  and  SherilTs  fees. 

Judge's  fees. 

•Judgment  and  Execution. 

Suits  vs.  Clerk  and  Sheriff. 

Attachment,  Evidence. 

Jurisdiction  extended. 

Habeas  corpus. 

Attachments. 

Judge  interested. 

Rent  cases. 

Non-resident  defendant. 

Stay  of  execution. 


Sec.  31.  Residence  of  defendant. 

♦'  32.  Judgment  by  default. 

"  33.  Appeals. 

'*  34.  Special  Jurors. 

"  35    Summons. 

"  36.  Damages. 

'*  37.  Insolvents^  fraud. 

"  38.  Costs,  Jury  fees. 

"  39.  BaU. 

•*  40.  Opening  and  adjournment. 

"  41.  Insolvent  debtors. 

"  42.  Court  fees. 

*•  43.  Garnishment. 

"  44.  Dc  bene  esse,  S^c. 

"  45.  Power  of  Council. 

•'  46.  Court  fees. 

"  47.  Distress  for  rent. 

<*  48.  Judgment  by  default. 

•'  49.  Mortgages, 

"  50.  Sheriffs  fees. 

"  51.  Commencement  of  suit. 

'<  52    Judges'  salary. 

'«  53.  Judgment  2d  term. 

*<  54.  Process. 

*'  55.  Garnishment. 

*'  56.  Disability  of  Council. 

"  57.  Vacancy  of  Clerk. 

•'  58.  Sessions  of  Court. 

'  *'  59.  Court  fees. 


An  Act  to  establish  a  Mayor^s  Court  in  the  city  of  Augusta^  and  to 
add  an  addit/ional  mambcr  to  the  City  Council  thereof. — Approved 
Dec.  19,   1817.     Vol.  III.  993. 


Title  of 
Mayor. 


Maf  or's  C't 
esublidhed. 


1.  Sec.  I.  From  and  after  the  first  day  of  January  next,  the 
Chief  Magistrate  of  the  City  of  Augusta  shall  be  known  and  addres- 
sed by  the  appellation  of  Mayor,  and  not  intendant  of  the  City  of 
Augusta.f 

2.  Sec.  II.  A  Mayor's  Court  shall  be  established,  and  the  saiie 
is  hereby  created  and  established  in  the  City  of  Augusta,  to  go  into 
operation  after  the  first  day  of  January  next,  And  the  aforesaid  May- 
or of  the  City  of  Augusta  shall  be,  and  he  is  hereby  constitutedJudge 
of  the  said  Court.  J  • 


♦Acts  authorizing  discoveries  at  Common  Law  extended  to  this  Court, 
rior  and  Inferior  Court."  "Jurisdiction,"  Art.  11.  sec.  59, 
fNanie  changed,  sec.  16.   - 
JJudge  elected  by  Legislature.     Sec.  16. 


Sec  "  Supc* 


JUDICIARY.—CiTY  CovRTS—Ati^usta—lSlS.  603 


New  Trials — Jurors — Institution  of  suit. 


An   Atft   to  amend  the  foregoing. — Approved   December  17,   1818. 

Vol,  III.  994. 

3.  Sec.  I.  From  and  after  the  passing  this  Act,  the  Mayor's  Court 
of  the  City  of  Augusta,  shall  have  cognizance  of  all  causes  of  a 
civil  nature,  (fcc,  which  shall  be  tried  by  a  Jury  of  twelve  men,  to 
whom  shall  be  administered  the  oath  prescribed  by  the  Judiciary  Act 

of  1799  for  Jurors  in  other  Courts,  which  trial  shall  be  final  ]^  but  i^o  appeal. 

the  Judge  of  said  Court  may  nevertheless  grant  a  new  trial   when  in  New  trials 

his  opinion,  the  principles  of  Law  and  Justice,  and  the  rights  of  the 

case  required  it.     And  the  Mayor  is  hereby  authorized  and  empow-  J^J^j^'J"* 

ered  in  term    time  or  vacation,  to  draw    and  impannel  Jurors  for  the 

trial  of  such  causes,  who  shall  be   resident  within  the  jurisdiction  of 

said  Court,  and  who  shall  be  qualified  and  liable  to  serve  as  petit  Jurors  pei»"  q"«M- 

m  the  Superior  and  Inferior  Courts  of  this  State,   and  to    cause  the 

said  Jurors  to  be  summoned  by  the  City  Sheriff,    at  least  five  days  """^  ^"«*- 

before  the  sitting  of  the  Court,  and  to  fine  them  for  non-attendance  or 

misconduct,  not  exceeding  ten  dollars  for  any  one  offence. 

Sec.  II.     [The  first  part    of  this     section  is  superseded  by  sub- 
sequent Acts. J     But  if  the  said    Court,  from  any    cause  whatever,  ["  Jrt'au  "^ 
shall  fail  to  meet,  the  proceedings  in  said  Court  shall  not  thereby  be  causes  stand 
discontinued,  but  shall  stand  continued  over  in  the  same  manner  as 
it  such  failure  had  not  taken  place.     And  the  Jury  summond   to  at-  ?"<*  ^^^^ 
tena  such  Court  shall  stand  over  and  be  considered  as  the  Jury  for 
the  next  term,  and  be  liable  to  attend  at  such    succeeding  term,  any 
law,  usasre  or  custom  to  the  contrary  notwithstandins:.     And  all  wit-  witnesses 

'  P  ,  ■'  o  ,      jind  Jurors 

nesses  and  Jurors  going  to,  attending  on,   and   returning  from  said  free  from  ar- 
Court,  shall  be  free  from  arrest  on  any  civil  process.  '  ^^^^' 

4.  Sec.  III.     All  suits  or  causes,    coo^nizable  by,  and  which  may  ^^ip'^o.o'' 'J^' 
be  commenced  in  the  Mayor's  Court  of  the  City  of  Augusta,  shall  be  suits  it.  the 
by  petition  to  the  said  Court ;  which  petition  shall  plainly,  fully,  and'  ^^^^^ 
distinctly  set  forth  the  plaintiff 's  charge,  allegation,  demand,  or  cause 

of  action,  and  shall  be  signed  by  the  plaintiff',  or  his,  her,  or  their  at- 
torney ;  to  which  petition  the  Clerk  of  the  Mayor's  Court  shall  annex 
a  process  signed  by  him,  which  process  shall  bear  teste  in  the  name 
of  the  Mayor,  as  Judge  of  said  Court,  and  shall  be  directed  to  the  Sheriff 
of  the  City  of  Augusta,  requiring  the  defendant  or  defendants  to  appear 
at  the  Court  to  which  the  same  shall  be  made  returnable,  and  shall  be 
served  on  the  defendant  or  defendants,  at  least  five  daysf  before  the 
return  thereof,  by  delivering  a  copy  to  such  defendant  or  defendants,  service. 
or  by  leaving  such  copy  at  his,  her,  or  their  most  notorious  place  or 
places  of  residence.  And  all  process  issued  and  returned  in  any  other 
manner  than  as  herein  directed,  shall  b^  null  and  void.  And  the  de- 
fendant or  defendants  shall  appear  at  the  Court,  to  which  the  peti-  Appearance 
tion  and  process  shall  be  returnable,  and  on  or  before  the  last  day  of*" 
the  said  Court,  shall  make  his,  her,  or  their  defence  or  answer  in 
writing,  which  shall  plainly,  fully,  and  distinctly  set  forth  the  cause 
of  the  defence,  and  be  signed  by  the  party  making  the  same,  or  his, 

♦Appeal  allowed.     Sec,  33.  *Nine  by  Aet  of  1837.  sec.  54. 


604  JUDICIARY— City  Covhts— Augusta— ISIS. 

iustiiutioii  of  Suit — Proceedings  thereon. 

her  or  their  attorney  ;  which  said  answer  may  contain  as  many  sev- 
eral matters,   not  i  iconsistent  with   each    other,  as  may^  be  deemed 
necessary  for  the  defence  :  Provide i  that  no  person  shall  be  permit- 
ted to  deny  any  deed,  bond,  bill,  single  or  penal,  note,  draft,  receipt, 
or  order,  nnless  he,  she,   or  they  shall  make    affidavit   of  the  truth  of 
snch  ans\ver  at  th9  time  of  filing  the  same.     And  the   said  petition 
Issue.         and  answer  shall  be  sufficient  to  carry  the  cause  to  the  Jury.     And 
^leaf''^      no  dilatory  answer  shall  be  received,  unless  affidavit  be  made  of  the 
Default.       truth  thereof     And  if  any  defendant  shall  fail  to  appear  and  answer 
as  aforesaid,  the  Court  may,    on  motion,  give  judgment  by  default, 
but  the  cause  shall  nevertheless  be  tried  by  a  Jury  at  the  succeeding 
No  trial  at   term;  and  no  cause  cognizable  in   said  Court    shall  be    tried  at  the 
^^'^ ^"^^^"^  first  tarm.* 

Anyone  of       5.   Sec.  lY .  Ill  all  cascs  Avhcre  a  suit  shall  be  instituted  in  the  said 
obligors,  &c.  Court  on  a  bond,  note  or  other  written  obligation,  subscribed  by  several 
sJ'piruteiy.'^'^  pcrsous,  and  wtiich  in  its  nature  is  joint,  several, or  joint  and  several,  or 
upon  any  joint, or  joint  and  several  contract  whatever,  whether  verbal  or 
written,  express  or  implied,  and  whether  made  by  copartners  in  trade 
or  any  othe."  person  whatever,  it   shall    be  lawful  to  commence  suit 
against  any  one  or  more  of  the  persons  who  have  signed  such  instru- 
ment of  writing,  or  who    are  parties  to   or  bound  by  such  contract, 
aad  who  shall  reside  within  the  jurisdiction  of  said  Court,  and  a  ser- 
vice upon  any  one  or  more  of  the  persons  against  whom  the  action  is 
commenced,  shall  be  deemed  a  sufficient  service  to   enable  the  party 
plaintiff  to  proceed  with  his  said  suit  or  action,  against  the  person  or 
persons  so  served,  aod    the    Court  may  give   judgment  accordingly. 
Affidavit  for      6.   Sec.  Y.     In  all  cases    v/here  bail    shall  be  required,  the  party 
requiring    bail    shall    make  oath  before  the  Mayor,  or  any   member 
of  the  City  Council,  or  before  any  one  of  the  Judges  of  the    Superior 
Courts,  the  Justices  of  the    Inferior  Courts,  or  Justices  of  the  Peace, 
within  this  State,   of  the  amount  claimed  by  him,  and    that  he  has 
reason  to  apprehend  the  loss    of  said  sum  or  some  part  thereof,  if  the 
defendant  or  defendants  is  or  are  not  held    to  bail.f    And  the  subse- 
andsuhse-    quciit  proceedings  shall  conform  to  those  prescribed  in  cases  of  bail 
ceedings.     lu  the  Supcrior  and  Inferior  Courts,  by  the  Judiciary  Act  of  force  in 
this  State,  due  regard  being  had  to  the  nature  of  the  different  tribu- 
nals. 
Witnesses        7.   Sec.  YL     The  Clerk  of  the  Mayor's  Court  shall  be,  and  he  is 

and  sub-         i  i  i         •        i  i  i 

jMsnas.  liereby  authorized  and  required  to  issue  subpoBiias  to  compel  the  at- 
Ifendance  of  witnesses,  upon  the  application  of  any  party  in  a  cause 
pending  in  said  Court,  which  subpoena  shall  be  directed  to  the  person 
v/hose  attendance  shall  be  required,  when  such  person  shall  reside  with- 
iti  the  limits  of  the  corporation  of  Augusta.which  subpoena  shall  express 
the  cause  aAd  the  party  at  whose  suit  it  shall  be  issued,  and  shall  be 
served  by  the  City  Sheriff  or  any  other  person,  on  said  witness,  at 
least  one  day  before  the  Court  to  which  it  shall  be  returnable  ;  and 
the  affidavit  of  the  person   serving  the   same,  shall  be  sufficient  evi- 

*xVs  to  rent  cases,  sec.  28.     See  also  sec.   32  and  48,   and  sec.   o3,  re-enacting  this 
clause. 

fSee  sec.  39. 


JUDICIARY.— City  Courts— .4?/^ws^a— 1818.  605 

Interrogatories — Executions — Attachments. 

dence  of  such  service  ;  and  witnesses  thus  subpoenaed  shall  be  bound 
to  attend  till  the  cause  in  which  he,  she,  or  they  shall  be  summoned, 
shall  be  tried,  and  on  failure  to  attend,  shall  be  subject  to  attachment, 
and  also  to  an  action  at  the  suit  of  the  party  aggrieved  by  his,  her, 
or  their  non-attendance  ;  and  each  and  every  witness  shall  be  allowed 
fifty  cents  per  day  for  each  and  every  day  he,  she,  or  they  at- 
tend, by  virtue  of  such  subpcena,  to  be  recovered  m  the  manner 
pointed  out  by  the  laws  now  in  force,  for  the  recovery  of  the  amount 
due  witnesses  for  their  attendance  on  the  Superior  and  Inferior 
Courts  of  this  State. 

8.  Sec.  VII.     Where  any  witness  resides  beyond  the  limits  of  the  rnterrcgato- 
corporation  of  Augusta,  it  shall    and  may  be  lawful  for  either  party, 

on  giving  at  least  three  day's  notice  to  the  opposite  party,  or  his,  her,  T^^r^f'  days' 
or  their  attorney,  accompanied  with  a  copy  of  the  interrogatories  in- 
tended to  be  exhibited,  to  obtain  a  commission  from  the  Clerk  of 
the  Court,  directed  to  two  or  more  persons  as  commissioners,  to  ex- '^"'"'^7,f"^^e 
amme  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.* 

9.  Sec.  Vill.     All    executions  shall  be    issued   and    signed    by  Execution 
the  Clerk  of  the  Mayor's  Court,  at  any  time  af^ter  the  signing  of  judg- hn mediately 
ment  by  the  party  or  his  attorney  ;  and  shall  bear  teste  in  the  name  ^^^'^^'•'^^'^.°"^'' 
of  the  Mayor  as  Judge  of  said  Court,    and  shall  be  directed  to  the 
Sheriif  of  the  City,!  and  may  be  levied  upon  the  estate,  both  real  and 
personal,    of  the  defendant  or  defendants,  or  issue  against  the  body 

of  the    defendant    or  defendants,    at   the   option    of  the    plaintiff, 
which  execution  shall  be  of  full  force  until  satisfied.     And  in  all  cas- 
es of  illegality  of  execution  or  claims  of  property,  levied  upon  by  vir- "'^p,''!y  ^ 
tue  01  any  execution  issuing   irom  the  Mayor  s   Court,  the  like  pro- 
ceedings shall  be  had  thereon,  as  are  prescribed  in  cases  of  executions 
issuing  from  the  Superior  and  Inferior  Courts  of  this   State,  by  the 
Judiciary  Act  of  1799.     And  all  sales  of  property   levied  upon,  by  sh'ffii' sales, 
virtue  of  any  execution  issuing  from  the  Mayor's  Court,  shall  be  on 
the  third  Tuesday  in  each  month,  at  the  market  house  in  the  City  of  ^^ys  of  sale. 
Augusta,  and  between  the  hours  often  o'clock  in  the  forenoon,  and 
three  o'clock  in  the  afternoon  of  the  day.     And  it  shall  be  the  daty  of  Adveitise- 
the  Sheriff  to  give  at  least  ten  days'  notice  in  one  of  the  public  gazettes  '"^" ' 
of  the  City  of  Augusta,  of  all  sales  of  property  executed  by  him,  and 
also  to  advertise  the  same  at  the   Court  house   and  Market  house  in 
said  City,  and  which  advertisement  shall  make  knoMli  the  names  of     ■ 
the  parties  to  the  execution. 

10.  Sec.  IX.     From  and  after  the  passino;  of  this  Act,  it  shall  and  Attaciiments 

J-  (->  '  i)y  whom  to 

may  be  lawful  for  the  Mayor,  or  any  member  of  the  City  Council  of  the  be  issued. 
City  of  Augusta,  to  issue  attachments'*  returnable  to  the    Mayor's 
(^ourt  in  cases(  within  the  jurisdiction  of  said  Court)  where  both  debtor  in  what  cas- 
and  creditor  shall  reside  without  the  limits  of  the  State  of  Georgia,  or^^' 
where  the  debtor  alone  resides  without  those  limits,  or  where  a  debtor 
shall  be  actually  removing  from  the  City  of  Augusta,  or  so  absconds 
or  conceals  himself,  that  the  ordinary  process  of  law  cannot  be  served 

*Seesec.  23.  tI3ut  see  sec.  21. 


606 JUDICIARY.— City  Courts— .4?/^?/g^a— IS  18. 

Election,  &c.  Clerk — Sheriff  and  Deputy. 

upon  him  in  the  same  manner,  and  upon  the  same  terms,  as  are  pre- 
scribed for  the  issuing  attachments  returnable  to  the  Superior  and  Infe- 
How  direct-  rior  Courts  of  this  State  ;  which  attachment  shall  be  directed  to  the 
^vfJd^        Sheriff  of  the  City  of  Augusta,  and  shall  be  levied  upon  the  property 
of  the  defendant,  within  the  corporate  limits  of  the  said  City,  in  like 
manner  as  is  prescribed  for  the   levy  of  attachments,  returnable  to  the 
Superior  and  Inferior  Courts  of  this  State:  Provided,  that  every  attach- 
ment shall  bear  teste  in  the  name  of  the  Mayor  or  member  of  Council 
and  adver-    issuiug  the  samc,  and  shall  be  by  the  City  Sheriff  publicly    advertised 
"'^^  at  the  door  of  the  house  in  which  the  Mayor's  Courts  are  holden,  at 

least  five  days  before  the  sitting  of  the  Court ;  and  the  proceedings 
otiicr  pro-    under  attachments  in  the    Mayor's  Courts  shall   be  the    same  in  all 
*^  ^^^'     cases  where    such   proceedings  can  be   made  applicable,  as  are  pre- 
scribed by   the  Attachment  Acts  of  force    in  this   State^    any  law, 
usage,  or  custom  to  the  contrary  notwithstanding. 
Eicr.tionand      11.   Sec.  X.     It  sliall  aud  may  bc    lawful    for,    and    it   is  hereby 
2j^ ti'^^lS  made  the  duty  of  the  City  Council  of  Augusta,  at  their  first  regular 
meeting  after  the  first  day  of  January  in  each  and  every  second  year, 
to  elect  by  ballot,  a  Clerk  for  the  Mayor's  Court,  and  a  Sheriff  for  the 
City  of  xlugu^ta,  who  shall  take  an  oath,  and  give  security  as  herein 
pointed  out :  that  is  to  say,  the  Clerk  so  elected,  shall  take  the  folio vr- 
ing  oath,  before  the  Mayor  or  any  member  of  the  City  Council :   ''I  do 
oierk's oath,  solemnly  swear  or  affirm,  that  I  will  truly  and  faithfully  enter  and  re- 
cord all  the  orders,  decrees,  judgments,  and  other  proceedings  of  the 
Mayor's  Court    of   the  City  of  Augusta   and    all.  other  matters  and  . 
things  which  by  law  ought  by  me  to  be  recorded,  and  that  I  will 
faithfully  and  impartially  discharge  and  perform  all  the  duties  requir- 
ed of  me,  to  the    best  of  my  understanding  " — and  such  Clerk  shall 
Band.  enter  into  bond,  with  one  or  more  good  and  sufficient  security  or  se- 

curities, to  the  Governor  for  the  time  being,  in  the  sum  of  one  thou- 
sand dollars  conditioned  for  the  faithful  discharge  of  the  duties  re- 
Jn^tice  of  the  quired  of  him  ;  and  the  said  Clerk  shall,  by  virtue  of  his  office,  be 
oj^?"  Justice  of  the  Peace,  so  far  as  to  administer  all  oaths,  appertaining  to 
the  business  of  his  office  ;  and  it  shall  be  the  duty  of  said  Clerk,  to 
in^  duty  in  copy  iuto  a  book  of  record,  all  the  proceedings  in  said  Court,  ^br 
iiidfeoi. '    which  he  shall  be  allowed  the  sum    of  ten  cents  for  every  hundicd 

words  of  recording  such  proceedings,  to  be  taxed  in  the  bill  of  costs  ;    - 
Mimites.      and  the  said  Clerk  shall  also  keep  regular  and  fair  minutes  of  all  the 
proceedings  m  the   said    Court,  which  shall    be  signed  by  the  Judge 
of  the  said  Court :  and  the  City    Sheriff  shall,  in  like  manner,  take 
Oath  of  sh'fF the  followiug  oath  :     "  I  do  solemnly  swear  (or  affirm   as  the  case 
^"'^^^'^''*^^' may  be)  that  I  will  faithfully  execute    all    writs,    warrants,  precepts 
and  processes,    directed  to  me  as  Sheriff  of  the  City  of  Augusta,  and 
true  returns  make,  and  in  all  things  well  and  truly,  and  without  mal- 
ice or  partiality,  perform  the  duties  of  the  office  of  Sheriff  of  the  City 
of  Augusta,  during  my  continuance  in  office,  and  take  only  my  law- 
ful fees  ;"  and  an  oath  to  the  same  purport  shall  be  taken  by  the  deputy 
of  the  said  Sheriff,  should  he  think  proper  to  appoint*  one,  which  he  is 
hereby  authorized  to  do  in  like  manner  ;  and  the  said  City  Sherifi*  shall 
Bob4,         enter  into  bond  with  two  good  and  sufficient    securities  to  the  Gov- 
ernor for  the  time  being,  and  his  successors ,  in  office,  in  the  sum  of 


JUDICIARY.— City  Courts— ^z^^^-^^^m— 18  18-'26.  607 

Fees — Sale  days — Consolidation  of  cases. 

ten  thousand  dollars,  conditioned  for  the  faithful   performance  of  his 
duty ,  by  himself  and   his  deputies  ;  and  which  bond   the  Mayor  or 
any  member  of  the  Council  is  authorized  to  take  ;  and  the  said  Clerk  cierk  and 
and  Sheriff  shall  in  every  instance  continue  in  office,  until  a  succes-  conthme^in" 
sor  shall  be  appointed  and  qualified,  notwithstanding  the  period  shall  "heMiaUfle 
have  elapsed  for  which  they  shall  have  been  elected  ;  and  the  Clerk  tion  of  their 
and  Sheriff  upon  going  out  of  office,  shall    turn  over  to  their  succes-  to  whom'''' 
sors,  all  papers  and  process   of  what  nature  or   kind  soever  in  their  [urn  ol!^?aii 
possession  ;  and  the  said  succeeding  Sheriff  shall  be  empowored  and  p^p^^JJ^'. ^*^^j 
required  to    carry  into  effect  any  levy  made  by  his    predecessor,  and  jj^j^h  tho 
shall   make    titles   to  the  purchasers  for   all  the  property  sold  under  iii«  pre<ioces- 
execution,  and  not  conveyed  by,  his  predecessor  :  and  the  same  rem-  ^^^' 
edy  may  be  had  against  the  said  Clerk  and   Sheriff,   as  is  prescribed 
by  the  Judiciary  Act  against  Clerks  and   Sheriffs,  in  the  respective 
Counties  of  this  State. 

12.  Sec.  XL     The  Clerk  of  the  Mayor's  Court,  and  the  Sheriff  of  Their  fees 
the  City  of  Augusta,  shall  be  authorized    to  charge,  demand,  and  re-  othe?nerK' 
ceive  the  same  fees  that    the  Clerks  of  the  Superior  Courts,  and  the  ^"'i^**'^^' 
Sheriffs  of   the   respective  Counties  in  this    State,   are   by   law  au- 
thorized to  charge,  demand,  and  receive  for  the  performance  of  sim- 
ilar duties ;  and  shall  have   the  same  remedy  for  enforcing  payment 

of  their  fees  respectively  as  are  employed  by    those    officers  respect- 
ively, any  law,  usage,  or  custom  to  the  contrary  notwithstanding.* 

An  Act  to  amejid  an  Act  establishing  a  Mayor'' s  Court  iii  the  City 
of  Augusta^  and  also  the  several  Laios  incorporating  said  City. 
Approved  Dec.  9,  1822.  Vol.  lY.  210. 

Sec  I.  and  II.     [Superseded  by  subsequent  Acts.] 

13.  Sec.  III.     Tne  sale  day  of  the  Sheriff  of  said  City  shall  be  Bay  of 

on  the  first  Tuesday  in  the  month ;  and  in  all  cases  of  levy  on  real  ^'''^'*'  ^^^^^ 
estate  or  negroes,  the  time   of  advertising  and  all  other  proceedings 
shall  be  the  same  as  is  required   by    law   of  the  County  Sheriffs  in 
similar  cases. 

14.  Sec  IY.  The  said  Mayor's  Court  shall  not  maintain  jurisdic- certain 
tion  of  more  than  one  case  at  the  same  term  between  the  same  par-  brconsoh-'^ 
ties,  when  such  causes  can  be  legally  joined  in  one  action,  although  ^^^^^'^ 
the  same  may  be  on  different  contracts  ;  but  the  same  shall    on   mo- 
tion be  consolidated,  and  the  defendant   shall  not    be  bound  to    pay 

any  more  cost  than  would  have  accrued  on  one  action  ;  and  when  costs. 
on  such  consolidation  the  amount  demanded  shall  exceed  the   juris- 
diction of  said  Court,  as  hereinbefore  expressed,  the  plaintiff  shall  ■ 
be  non  suit. 

An  Actjor  the  better  organization  ofilie   Mayorh  Court  oj  the  City  of 
Augusta,  and  for  changing  the  name  of  the  same. — Passed  in  1826. 
Vol.  IV.  218. 

15.  From  and  after  the  passing  of  this  Act,  the  Court  now  known 
•But  see  sec.  19, 


ed  by  Legis- 
lature. 


608  JUDICIARY.— City  Covets— Angus  to— 182S. 

Judge — Jurisdiction — Eees  of  Officei'S. 

Stylo  as  the  Mayor's    Court  of  the  City    of  Augusta,    shall  be  called  the 

changed.      Qourt  of  Comuioii  Plcas  for  the  City  of  Augusta. 
judse  elect       16.   Sec.  II.     The  Judgo  of  the  said  Court  shall  be  elected  by  the 
'"  Legislature  immediately  after  the  passing  of  this  Act,  and.  shall  hold 
his  ofiice  for  the  term  of  three  years,  unless   removed  therefrom  by 
the  Governor,  on  the  address  of  two-thirds  of  both    houses    of  the 
Greneral  Assembly. 

Sec.   ill.     All  laws  and  parts  of  laws  militatinor  asirainst  this  Act, 
are  hereby  repealed. 


An  Act  to  regulate  the  jurisdiction  c/the  Court  of  Common  Pleas  for  the 
City  of  Augusta,  the  fees  of  the  Attorneys,  Clerk  and  Sheriff  thereof 
and  for  diminishing  the  number  of  its  terms  from  twelve  tofmr  during 
the  year;  and  for  other  ^mriioscs. — Approved  Dec.  19,  1828.  VcL 
lY.    224. 

jurisfiirtion  17.  From  and  after  the  passage  of  this  Act,  the  Court  of  Com- 
oiuie  Court. j-j^^^  Plcas  for  the  City  ot  Augusta  shall  have  jurisdiction  over  any 
suit  or  action  ex  contractu^  wherein  the  principal  debt  amounts  to  the 
sum  of  two  hundred  and  fitty  dollars,  exclusive  of  interest  ;  and  in 
any  suit  or  action  ej;  t/eZ/cfo,  wherein  the  damages  claimed  do  not 
exceed  the  sum  of  two  hundred  and  fifty  dollars,  but  not  in  any 
suit  or  action  over  which  Justices  of  the  Peace  have  hitherto  had 
jurisdiction.* 

Sec.  II.      [Fixing  the  Court  terms — superseded.] 
Attorneys'        18-   ^EC.  III.     Tiic  attomcys  practising  iu  Said  Court  sliall  rcccive 
tax  fees.      g^g  ^  tax-fcc  ou  all  sults.  brought  before  said  Court,  and   perfected    to 
judgment,  the  sum  of  three  dollars ;  and  on  all    suits  brought    and 
settled  before  judgment,  the  sum  of  two  dollars. 
cierir.  19.     Tiic  Clerk  and  Sheriff  of  the  Court  aforesaid  shall  have  and 

sii'ir=.'  fees,  receive  but  two-thirds  of  the  fees  heretofore  allowed  to  each  respec- 
tively by  law,  and  the  practice  of  said  Court,  to  be  charged  as  costs 
against  the  suiters  in  said  Court. 
Clerk  to  20.   Sec.  I Y.     It  shall  be  the   duty  of  the  Clerk  of  said  Court, 

j-'d^4^'1ie    ^"^P^^^  ^'"^®  institution   of  any  suit  to  collect    and   receive  from  the 
pkiintiif  the  fee  which  is  a^lovv^ed  by  law  to  the  Judge  of  said  Court 
and  required  to  be  advanced  at  the  institution  of  said  suit.f 
The  lien  of      21.   Sec.  Y.     All  judgmcuts  obtained  in  said  Court,  shall  have  a 
jnd^nnems    YiQxi  ou  all  Dropcrtv  belonsrina:  to    defendant  throusrhout    the    State, 
Executions.  ^^^^  ^'^^  executions  shall  be  directed  to  the  City   Sheriff,  and  all  and 
singular  the  Sheriffs  of  the  State  of  Georgia,  and  may  be  levied  on 
property  throughout  the  said  State  :  Provided^   that  the  City  Sher- 
iff shall  levy  all  executions  on  property  within  the  limits  of  the  cor- 
poration. 
Ths  m runner      ^2.   Sec.  YI.     Tlic  Sheriff  and  Clcrk  of  Said  Court  shall  bc.  liable 
of  suing  the  jQ  be  sued  in  said  Court,  in  the  same  names  Fmannefl  in  which  other 

C  isTit  find  L  -J 

yiieriffin     partlcs  arc  made  defendants  ;  and  when  the  Clerk  of  said  Court  shall 
prescr'iiid,    bc  defendant  in  any  suit    or  action,  it  shall  be  the  duty   of   said 

ice. 


*But  see  sees.  24  and  46.  fSee  sees.  42  and  52. 


JUDICIARY.— City  CouKTS—Augusia~lS2S-'20.  609 

Court  of  Common  Pleas — Habeas  Corpus — Attaclimcnts. 

Clerk  to  copy  the  petition  upon  which  the  said  suit  is  founded,  and 
annex  a  process  thereto,  which  shall  be  signed  by  the  Judge  of  said 
Court,  and  shall  be  served  in  the  same  manner  as  in  other  cases  ;  and 
it  shall  be  the  duty  of  the  Clerk  aforesaid  to  make  out  final  process 
in  any  case  in  which  he  may  be  interested,  which  shall  be  signed  by 
the  Judge  of  said  Court,  and  executed  as  in  all  other  cases ;  and 
when  the  SheriiF  of  the  Court  aforesaid  shall  be  defendant  in  any 
suit  brought  before  the  Court  aforesaid,  it  shall  and  may  be  lawful 
for  the  M  irshal  of  the  City,  or  any  one  of  the  City  Constables,  to 
eifect  service  on  said  City  Sheriff*,  and  such  service  shall  be  deemed 
good  and  valid ;  and  it  shall  moreover  be  lawful  for  the  Marshal,  or 
any  City  Constable,  to  execute  all  processes  against  the  Sheriif,  and 
the  proceedings  thereon  shall  be  the  same  as  in  other  Courts. 

23.   Sec.  VII.     All  laws  regulating  attachments'^"  in  relation  to  Attachm'ts', 
evidence  and  the    taking    of  depositions  by  interrogatories,  in  force  D^wsftiona. 
m  the   Superior  Courts  of  this  State,  shall  be  of  force  in  the    City 
Court. 

Sec.  YIIL     All  laws  or  parts  of  laws  repugnant  to  the  provisions 
of  this  Act,  are  hereby  repealed. 

An  Act  to  arnend  the  several  Acts  respecting  the  Court  of  Common 
Pleas  of  the  City  of  Augusta. — Approved  Dec.  21,  1820.  Vol. 
lY.  226. 

21.  Prom  and  after  the  passage  of  this   Act    the  Court  of  Com-  Jurisdiction 
meu  Pleas   for  the  City    of  Augusta,  shall    have   jurisdiction  in  all  of  common 
civil  cases  (except  such  as    involve  title  to  real  estate,  or  that    may  chrof^Au* 
fall  within  a  Magistrate's  jurisdiction,)  where  the  sum  claimed,   or  ^^^^.JJ^^ p*"®" 
the   demands  of  the  plaintitf  shall  not  exceed  the  sum  of  three  hun- 
dred dollars,  exclusive  of  interest. f 

25.  Sec.   li.     The  Judge  of  the  said  Court  of  Common   Pleas  poncnrrent 
shall,  in  the  absence  of  the  Judge  of  the  Superior,  have  concurrent  with  inpr 
jurisdiction  with  the  Justices  of  the  Inferior  Court,   in  all  matters  j^S  ^^p^^, 
of  habeas  corpus,  and  shall  also  have  full  power  and  authority  to  is- 
sue warrarits  upon   criminal  charges,  to  examine  persons  apprehend-  in  criminal 
ed  under  said  warrants,  and  to  commit,  discharge,  or  admit  to  bail 

in  the  same  manner  that  a  Justice  of  the   Peace  may  now  do  :  Pro- 
vided^ that  the  oifence  charged,  and  upon  which  the  said  Judge  may  Proviso, 
issue  his  warrant,  hath  been  committed,  or  that  the   same  is  alleged 
to  have  been  committed  in  the  said  City  of  Augusta. 

26.  Sec.  III.     The   Judge  of  said  Court   of  Common  Pleas,  oxi^sn^oi 
any  member  of  the  City  Council,  shall  have  full  power  and  author- 
ity to  issue  attachments,  which  shall  be  returnable  to  the  said  Court, 

and  within  the  jurisdictional  amount  of  the  same  in  all  those  cases 
where  a  Judge  or  other  officer  may  now,  according  to  law,  issue  at- 
tachments. J 

«  See  sec.  20.     As  to  garnishments,  see  title   "  Attacliment  and  Garnisliment,"  sec. 
27.     See  also,  sec.  55»  of  tkis  title. 
tSee  sec.  4G,  extending  it  to  $500. 
JSce  sec  23,  and  note  thereto.    See  also,  sec.  51, 

76 


no  JUDICIARY.— €iTY  CovRTs— Augusta-— lS29-'3h 

Stay  of  Executions,  &c. 

whenjudge     27.  Sec.  IV.     Ill  all  cascs  brought  in  the  Said  Coiirt.  where  the 
fs interested,  j^^g^  thereof  shall  be  a  party  or  interested  therein,  it  shall  be  the 
duty  of  a  Justice  of  the  Inferior  Court  of  Richmond  County  to  pre^ 
side  at  the  trial  of  the  same. 
Rent  eases.       28.  Sec.  Y.     All  actions  commenced  in  said  Court  for  the  recov- 
ery of  rent,  or  arrear,  shall  be  tried   at   the    first  term,  unless  good 
cause  be  shown  for  a  continuance  ;  and  judgment  shall  be  given  upon 
scL/avs.     all  writs  of  scire  facias  aa:ainst  bail  at  the  term  of  said  Court  to  which 
they  may  be  returnable,  unless  sufficient   cause  be  shown  for  a  con- 
tinuance. 
Where  more     ^9.  Sec.  VI.     In  all  cases  whcre  a  suit  shall  be  instituted   in  the 
u^In"on"*^   said  Court,  on  any  open  account,  bond,  note  or  other  obligation  in 
and  one '     Writing,  agaiust  two  or  more  persons,  and  any  of  the  defendants   in 
of  Augusta,  said  suit  shall  reside  out  of  the  City  of  Augusta,    the  Clerk  of  said 
BhZi^bT^^'^  Court  shall  make  out  an  original  petition  and  process,  and  a  copy  or 
«erved.       copjcs  thereof  for  each  County  in  which  the  defendant  or  defendants 
may  reside  ;  and  it  shall  be  the  duty  of  the  plaintiff,  or  his  attorney, 
to  deliver  the  said  original  and  copy  to  the    Sheriff  of  the    County 
in  which  the  defendant  or   defendants   may   reside,   whose    duty  it 
shall  be  to  serve  the  same  and  to  make  due  return  thereof  to  the  said 
Court,  and  the  plaintiff  shall  then  proceed  as  in  other  cases  :  Provi- 
Previw.      ded,   that  at  least  one  of  the  defendants  reside  in  said  City,  and  be 
served  with  process. 

Sec.  VII.   [Superseded.] 
Stay  of  30-  Sec.  VIII.     Any  party  against  whom  a  judgment  may  be  en- 

ejecution.  tercd,  may  stay  the  levy  of  execution  for  the  space  of  sixty  days,  on 
payment  of  all  costs,  and  giving  good  and  sufficient  security  within 
four  days  after  judgment  for  the  payment  of  the  debt  so  recovered, 
and  all  future  costs  which  may  accrue  therein  ;  and  if  such  party 
shall  fail  to  pay  the  same  agreeably  thereto,  execution  may  issue 
against  such  party  and  the  security,  without  any  other  proceeding 
thereon. 

Sec.  IX.     Any  law  or  parts  of  laws  militating  against  the  provis- 
ions of  this  Act  are  hereby  repealed. 


Afi  Act  to  amend  an  Act  entitled  an  Act  to  amend  the  several  Acts 
respecting  the  Court  of  Common  Pleas  of  the  City  of  Augusta.— » 
Approved  Dec.  21,  1830.     Pam.  53. 

B»fendant        ^^'     All  suits  instituted  in  the  Court   of  Common   Pleas,  of  the 
ni«ist  live  in  Qity  of  Augusta,  shall  ill  futurc  be  confined   to  party   defendants, 
^^  ^     who  reside  at  the  time  of  commencing   suit  within   the  corporate 
limits  of  the  City  of  Augusta. 

Sec  II.     Any  law,   or  parts  of  laws  militating  against  this   Act, 
are  hereby  repealed. 


An  Act  to  amend  the  several  Acts  regulating  the  Courts  of  Common 
Pleas  for  the  City  of  Augusta. — Approved  Dec.  26, 1831.  Para. 
93. 


JUDICIARY.— City  Courts— Angus  fa— 1831.  611 


Judgment  by  default — Appeal — Special  Jury. 


32.  From  and  after  the  passing  of  this  Act,  in  all  cases  brought  Judgment, 
in  said  Court,  wherein  no  plea  shall  be  filed,  the  Court  shall  award 
judgment  upon  proof  of  the  plaintiff's  demand.* 

33.  From  and  after  the  passing  of  this   Act,  in  case  either  party  AppeAi* 
shall  be  dissatisfied  with  any  verdict  rendered  in  any  cause    in  said 
Court,  an  appeal  shall  be  allowed  to    such    party,  upon    compliance 
with  the  law  now  of  force,  regulating  appeals  ;  but  the  said  appeal 
shall  not  be  transmitted  to  the  Superior  Court  as  heretofore,  but  shall 

be  tried  as  is  hereinafter  directed. 

34.  Immediately  after  the  passing  of  this  Act,  and  every  second  spenaJ 
term  thereafter,  it  shall  be  the  duty  of  the  Judges  of  said  Court,  "'^"^ 
with  the  aid  of  the  Clerk  and  Sheriff  of  said  Court,  to  select  from  the 

list  of  tax  returns  made  to  the  City  Council  of  Augusta,  fit  and  prop- 
er persons  to  serve  as  special  Jurors  in  said  Court,  who  shall  reside 
in  said  City,  and  it  shall  be  the  duty  of  the  Clerk  of  said  Court,  to 
make  out  tickets  with  the  names  of  the  persons  so  selected,  which  How  drawa, 
tickets  shall  be  put  in  a  box  to  be  provided  by  the  Clerk,  which  box 
shall  have  two  apartments,  marked  number  one  and  two,  and  the 
Clerk  shall  immediately  after  receiving  such  list  fairly  enter  the 
same  in  a  book  to  be  provided  by  him  for  that  purpose,  which  said 
box  shall  be  locked  and  sealed  up  by  the  Judge  and  placed  in  the 
care  of  the  Clerk,  and  the  key  in  the  care  of  the  Sheriff,  and  no 
Jury  shall  be  drawn  and  impanneled,  but  in  presence  of  the  Judge 
in  open  Court,  and  it  shall  be  the  duty  of  the  Judge  in  open  Court  at 
each  time,  to  unlock  and  break  the  seal,  and  cause  to  be  drawn  out  of 
the  apartment  of  tlie  said  box  marked  number  one,  twenty-three  names 
to  serve  as  special  Jurors  at  the  next  term  of  said  Court,  which  names 
so  drawn  out,  shall  after  an  account  is  taken  of  them  at  each  tmie  of 
drawing,  be  deposited  in  the  other  apartment  of  such  box  marked 
mimbertwo;  and  when  all  the  names  shall  be  drawn  out  of  the 
apartment  number  one  as  aforesaid,  they  shall  commence  drawing 
from  number  two,  and  placing  in  number  one,  and  so  on  altern- 
ately. 

35.  The  twenty-three  persons  whose  names   shall   be  drawn  assummonei, 
aforesaid,   shall  be   summoned   in  the  same  manner  as    Petit  Jurors 

now  are  in  said  Court,  and  incase  of  failure  of  any  of  them  to  at- 
tend, each  of  them  so  failing  shall  be  fined  in  a  sum  not  exceeding 
twenty  dollars. 

36.  When  any  appeal  cause  in  said  Court,  shall  be  called  for  tri-  and  stru«k. 
al,  it  shall  be  the  duty  of  the  Clerk  to  furnish   list  of  special  Jurors 

in  attendance,  and  a  Jury  of  twelve  shall  be  struck  in  the  same  way 
and  manner  as  is  now  required  by  law  in  the  Superior  Courts ;  and 
in  case  a  sufficient  number  of  special  Jurors  should  not  attend,  the 
Court  shall  have  power  to  attach  and  bring  in  those  who  are  in  de- 
fault, or  to  summon  tales  Jurors,  or  both.  And  on  special  Jury  trials, 
in  said  Court,  the  Jury  shall  have  the  same  power  to  assess  damages,  Damages, 
as  special  Juries  have  in  the  Superior  Court,  and  shall  be  sworn : 
*'  well  and  truly  to  try  the  causes  submitted  to  them,  and  true  ver- 
dicts to  give,  according  to  law  and  evidence." 

•See  sec,  48.    But  see  sec.  53. 


612  JUDICIARY.— City  Couuts— Auo; us fa--1831-' 32. 

Appeal  Costs — Bail — Insolvent  Debtors. 

Insolvents.       37.  Wheii  any  application  shall  be  made  to  said  Court,  by  any  in- 
solvent debtor  or  deljtors,  for  the  benefit  of  the  Act  for  the  relief  of 
Issue  of      honest  debtors,  and  a  suggestion  of  fraud  or  concealment,  or  both, 
shall  be  made  by  the  creditoj  or  creditors  of  said  debtor  or  debtors, 
the  said  suggestion  shall  b6  tried  before  the  special  Jury. 
Appeaicosts.      38.  In  all  appeal  causes  in  said  Court,  the  same  costs  shall  be  tax- 
ed as  are  taxed  in  the  Superior  Court  in  such  cases  ;  and  all  the  ex- 
penses of  furnishing  record  books,  dockets,  fire  wood  for  Clerk's  of- 
fice, and  stationary  for  the  use  of  said  Court,  shall  be  paid  out  of  the 
inry  fines,    moucy  that  may  be  collected  for  Jury  fines,  and  the  balance  remain- 
ing at  each  term  after  paying  said  expenses,  shall  be  paid  to  the  City 
Council  of  Augusta. 
Baii.affidavit      39.  Whenever  bail  shall  be  required  in  any  case  about  to  be  in- 
tuent  pro-    stitutcd  lu  Said  Court,  it  shall  be  lawful  and  sufficient  to  serve  the  de- 
oec  ings.     fgnfjjjQi;  with  a  proccss  and  copy  of  the  affidavit,  as  in  cases  of  bail 
pending  the  action,  and  at  the  term  to  which  the  said  process  is  re- 
turnable, the  plaintiff  shall  file  his  declaration,  and  the  subsequent 
proceedings  shall  be  as  in  other  cases  ;  and  whenever  such  process, 
with  a  copy  of  the  affidavit  annexed,  and  a  copy  or  copies  of  such 
process  and  affidavit,  shall  be  placed  in  the  hands  of  the   Sheriff  of 
said  Court,  it  shall  be  the  duty  of  said  Sheriff  to  arrest  the  defendant 
or  defendants,  to  serve  him,  her  or  them  with  a  copy  or  copies  of  said 
process  and  affidavit,  and  to  deal  with  him,  her,  or  them,  as  is  now 
required  by  the  laws  of  force  in  this  State,  regulating  cases  where  bail 
is  required. 
Clerk  may        40.  In  the  abscuce  of  the  Judgc  of  Said  Court  by  indisposition  or 
aSioum"      otherwise,  it  shall  be  the  duty  of  the  Clerk  or  Sheriff  of  said  Court 
to  open  and  adjourn  the  same  from  day  to  day,  as  circumstances  may 
require. 

All  laws  and  parts  of  laws  militating  against  this  Act  are  hereby 
repealed. 

An  Act  to  give  jurisdiction  to  the  Court  of  Common  Pleas  of  Augus- 
ta, of  certain  cases  of  insolvent  debtors^  and  to  alter  sessions  of  said 
Cow/t —Approved  Dec.  24,  1832.     Pam.  115. 

coiicnrrenti      41.  Tlic  Judgc  of  the  Court  of  Commoii  Pleas  of  the  City  of  Au- 
Sh sup°Sr|  gusta,  shall  have  concurrent  jurisdiction,  with  the  Judges  of  the  Su- 
fn  clmTn"  perior  Courts  and  Justices  of  the  Inferior  Court,  in  all  cases  where  any 
iSJa'^"*     debtor  shall  be  arrested  and  committed  to  jail  in  Richmond  County, 
under  mesne  process,  or  under  execution  from  any  of  the  Courts  of 
this  State ;  and  when  any  application  shall  be  made  by  any  such 
debtor  to  the  Judge  of  the  Court  of  Common  Pleas,  for  the  benefit  of 
the  insolvent  laws,  the  same  proceedings  shall  be  had  in  said  Court 
of  Common  Pleas,  as  is  now  required  by  law,  when  such  application 
is  made  to  the  Judges  of  the  Superior  Courts  or  Justices  of  the  Infe- 
rior Court. 
Court  term?.      II.   [Court  Tcrms,  superseded.] 

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


JUDICIARY.— City  Covhts— Augusta— 183l-'3b.  613 


Court  Fees — City  Council. 


An  Act  to  amend  the  several  Acts  iri  relation  to  the  Court  of  Common 
Pleas  of  Augusta. — Approved  Dec.  22,  1834.     Pam.  92. 

42.  From  and  after  the  passing  of  this  Act  the  following  fees  shall  court  fee* 
be  collected  by  the  Clerk  ©f  said  Court,  of  the  persons  and  in   the 
manner  that  may  be  pointed  out  by  rule  or  order  of  said  Court,  and 

shall  be  taxed  in  the  bill  of  costs  in  the  cases  in  which  they  are  paid, 
viz:  On  all  suits  brought  in  said  Court  where  plaintiff's  demand 
ghall  not  exceed  one  hundred  dollars,  the  sum  of  two  dollars  shall  be 
taxed  ;  on  all  suits  where  the  plaintiff's  demand  shall  exceed  one  hun- 
dred and  not  exceed  two  hundred  dollars,  the  sum  of  three  dollars 
shall  be  taxed ;  and  on  all  suits  where  the  plaintiff's  demand  shall 
exceed  two  hundred  dollars,  the  sum  of  four  dollars  shall  be  taxed  ;* 
and  on  each  claim  case,  on  each  traverse  of  an  answer  to  a  summons 
in  garnishment,  on  each  appeal  cause  and  on  each  suggestion  of  fraud, 
(where  any  debtor  shall  apply  for  the  benefit  of  the  insolvent  laws,) 
the  sum  of  three  dollars  shall  be  taxed  :  which  fees  shall  be  paid  by 
the  Clerk  to  the  Judge  of  said  Court, f  (as  the  compensation  of  the  Fur  the 
Judge  for  the  discharge  of  the  duties  of  his  office,)  at  such  time  or  ptu^ation. 
times  as  said  Court  may,  by  rule  or  order  direct ;  and  on  failure  to 
pay  the  same,  the  Clerk  may  be  attached  as  for  a  contempt,  and  the 
same  may  be  recovered  in  an  action  upon  the  bond  given  by  the 
Clerk  against  him  and  his  securities. 

43.  Sec.  II.     Said  Court   shall  have  jurisdiction  in  all  cases  in  Gamishm*!, 
garnishment,  as  well  when  the  debt  of  the  garnishee  to  the  defendant 

ghall  exceed,  as  when  it  shall  fall  short  of  the  sum  of  three  hundred 
dollars. J 

44.  Sec.  HI.     All  laws  of  force  in  the  Superior  Courts  of  i\\is  dc  i- me  csm 
State,  in  relation  to  the  taking  of  evidence  by  interrogatories  under  i'cLr^ 
commission  or  de  bene  esse,  and  in  relation  to  subpoenas  duces  tecum^ 

shall  be  of  force  in  the  Court  of  Common  Pleas  of  Augusta. 


An  Act  to  amend  the  Act  hicorjioratlng  the  City  of  Augusta,  and  the 
several  Acts  amendatory  thereof. — Approved  Dec.  24,  1835. 
Pam.  30. 

45.   Sec.  IV.     Prom  and  after  the  passing  of  this  Act,  Avhen  any  city  counea 
person  shall  be  summoned  and  shall  appear  before  the  City  Council™ ex o^nd- 
to  answer  for  a  violation  of  the  City  ordinances,  and  upon  an  in ves- gy'^  court, 
ligation  of  the  charge,  it  shall  appear  to  the  City  Council  that  such 
individual  has  committed  an  offence  punishable  by  the  laws  of  this 
State,  it  shall  be  the  duty  of  the  City  Council  to  bind  over  him  or 
her,  with  good  and  sufficient  security,  to  appear  at  the  next  term  of 
the  Superior  Court  of  Richmond  County,  to  answer  for  such  offence, 
and  in  case  such  offender  shall  refuse  or  be  unable  to  give  security, 
the  City  Council  may  commit  him  or  her  to  jail  or  discharge  him  or 

♦But  see  sec.  59.  fBut  see  sec   52. 

X^cc  "  Attachment  and  Garnishment."  sec.  27.     See  also  sec.  55  of  this  title. 


614  JUDICIARY.— City  Courts— .4t/^?/5/a— 1836. 

Distress — Mortgages — Salary  of  Judge . 

her  on  his  or  her  own  recognizance,  at  the  discretion  of  the  said  City 

Council. 

Yacandes.        Sec.  V.     When  any  vacancy  shall  hereafter  happen  in  the  office 

of  the  Clerk*  or  Sheriff  of  the  Court  of  Common  Pleas  of  Augusta, 

by  death,  resignation,  or  otherwise,  the  City  Council  shall  proceed  to 

fill  such  vacancy  as  soon  as  practicable  ;  and  until  the  same  is  filled, 

Marshal  may  the  Marshal  of  the  City  shall  be  competent  and  it  shall  be  his  duty  to 

ym^^cvice.  serve  any  process  issued  from  or  returnable  to  said  Court,  directed  to 

the  Sheriff  of  said  City. 


An  Act  to  amend  the  several  Ads  in  relation  to  the  City  of  Augusta^  and 
the  Court  of  Common  Pleas  of  said  City. — Approved  Dec.  30,  1836. 
Pam.  116. 

[The  first  and  second  sections  relate  to  the  City  Council  of  Au- 
gusta.] 
Jurisdiction      46.   Sec.  III.     From  and  after  the  first  day  of  January  next,   the 
of  the  Court.  Q^^j,^  of  Couimou  Pleas  of  said  City,  shall  have  jurisdiction  of  all 
cases  where  the  defendants  reside  in  said  City,  in   which  the   debt, 
(exclusive  of  interest^  )or  damages  claimed,  shall  be  above  the  juris- 
diction of  a  Justice's  Court,  and  shall  not  exceed  the   sum   of    fiYe 
hundred  dollars ;  and  of  all  claim  causes,   where  personal  property 
is  levied  on  under  executions  from  said  Court. 
May  issue  47.    Sec.      IV.     The   Judge    of  said  Court,  or  the  Mayor,  or 

4iitxess.      any  member  of  the  Council  of  said  City,  shall  be  authorized  to  is- 
sue warrants  directed  to  the  Sheriff  of  said  City,  authorizing  him  to 
distrain  for  rent  in  arrear :  Provided^    the    sum  claimed    be    within 
the  jurisdiction  of  said  Court,  and  all  subsequent  proceedings    shall 
be  the  same  in  said  Court,  as  if  the  said  warrants  had  been   issued 
by  a  Judge  of  the  Superior  or  Justices  of  the  Inferior  Court. 
Court  tenns.      48.   Sec.  V.     The  sessious  of  Said  Court  shall,   after  the  first   of 
January  next,  be  quarterly ;  namely,  on  the  second  Monday  ot  Feb- 
ruary, May,  August,  and  November,  in  each  year,  and    that    in   all 
Judgment  by  cases  whcro  the  defendants  shall  fail  to  plead,  judgment  may  be  en- 
defauiu       tered  by  the  Court  at  the  first  term  upon  proof  of  the  plaintiff's  claim 
or  demand,  but  the  defendant  shall  be  allowed  an  appeal  from  such 
judgment  within  the  time,  and  in  the  manner   now  prescribed  by 
law.f 
Foree!osure       49.    Sec.  VI.      All  mortgages   upon    personal    property,   for   an 
o  mortgages  j^j^q^^j^^  withiu  the  jurisdiction  of  said  Court,  may  be  foreclosed  in 
the  said  Court,  in  the  same  way  and  maimer  as  in  the   Superior  or 
Inferior  Court,  and  all  subsequent  proceedings   thereon,  shall   be  in 
said  Court,  and  such  as  are  prescribed  by  the  law  now  of  force, 
ehtrifpsfees      50.  Sec.  VII.     Ill  all  cases  of  the  return  of  any  distress  warrant 
foredosu^re"'^ or  mortgage  execution,  to  said  Court,   for  further  proceedings,    the 
same  fee  shall  be  paid  by  the  plaintiff,  as   in   other   cases   of    like 
amount. 

♦But  see  Act  of  1840,  sec.  57. 

tRepealed,  as  to  terms  of  Court,  Act  of  1842,  sec.  5^.    As  to  judgment  at  first  term, 
sec  53. 


JUDICIARY.— City  Courts— iw2-i^sfa— 1837.  615 


te 


Judgment — Garnishment. 


51.  Sec.  VIII.     All  suits  in  said  Court  shall   be    commenced   at  commence- 
least  ten  days  before  the  time  to  which   they  are  returnable,   and  and  service 
the  process  shall  ba  served  on  the  defendants  at  least  eight*  days  "^  p*^*^*^®*^ 
before  the  session  of  said  Court. 

52.  Sec.  IX.     From  and  after  the  first  day  of  January  next,  the  Judge's 
said  City  Council  shall  pay  to   the   Judge    of    the    Court  of  Com-  ^*  '"^' 
mon  Pleas,  a  salary,  annually  of  one  thousand  dollars,  in  payments 

of  two  hundred  and  fifty  dollars  each,  immediately  after  each  of  the 
sessions  of  the  said  Court,  limited  and  appointed  in  this  Act,  and  that 
the  Clerk  of  said  Court  shall  pay  over  to  the  said  City  Council  im- 
mediately after  each  session,  all  fees  which  the  Judge  of  said  Court . 
is  now  allowed  by  law. 

[The  three  remaining  sections  relate  to  the  City  Council.] 


An  Act  to  alter  and  amend  the  several  Acts^  in  relation  to  the  City  of 
Augusta,  and  the  Court  of  Common  Pleas  in  said  City. — Assent- 
ed to  Dec.  22,  1837.     Pam.  58. 

63.  Sec.  I.     Beit  enacted ,  That  from  and  after  the  passage  ofNojud?m't 
this  Act,  50  much  of  the  Act  passed  on  the  30th  of  December,  1836, 
as  authorized  judgment  to  be  rendered  at  the  first  term  of  said  Court, 
in  cases  in  which  no  plea  is  filed,  be,  and  the  same  is  hereby  repealed. 

54.  Sec  II.     In  all  cases  hereafter  brouarht  in  said  Court,    theProcesa 
process  shall  be  served  on  the  defendant,  at  least   nine   days  before  days  before 
the  term  to  which  the  cases  are  returnable,  and  that  all  attachments  AShmeuta 
issued,  returnable  to  said  Court,  shall  be  issued,  levied  and  the  pro- ^^'"®"'"®* 
ceedings  advertised,  the  same  length  of  time  before  the  session   of 

said  Court,  to  which  they  may  be  returnable. 

55.  Sec  III.     All  laws  now  in  force,  regulating  the  issuing,  ser- *^^'^"*s^"^'^- 
vice,  return  and  subsequent  proceedings,  on  summons  of   garnish- 
ments, in  the  Superior  and  Inferior  Courts,  shall  be  of  force  in  said 
Court,  and  that  all  summons  of  garnishment  issued  under  process  in, 

or  from  said  Court  served  cut  of  the  City  of  Augusta,  shall  be  served 
at  least  twenty  days  before  the  session  of  the  Superior  or  Inferior 
Court  of  said  County  where  the  garnishee  resides,  and  to  either  of 
which  Courts  it  shall  be  lawful  to  make  the  summons  returnable. 


An  Act  to  amend  the  Rent  Laivs  of  this  State,  so  far  cis  relates  to  the 
City  of  Au!xusta  ;  to  confirm  the  inirchase  of  the  Bridges  across  the 
Savannah  River,  at  Augusta,  by  the  City  Council  of  Augusta,  and 
to  legalize  the  scrip  issued  in  payment  for  the  same  ;  to  confirm  to  the 
said  City  Council  certain  privileges  relative  to  said  Bridges;  further 
to  define  the  qualifications  and  disabilities  of  members  of  said  City 
Coimcil ;  to  hhange  the  times  of  holding  the  summer  and  fall  sessions 
<f  the  Court  of  Common  Pleas  of  the  City  of  Augusta;  to  authorize 
the  Clerk  of  the  City  Council  of  Augusta,  in  certaiii  cases,  to  act  as 
Clerk  of  the  said  Court  of  Common  Pleas ;  and  to  exempt  the  Mayor 

*But  see  sec.  54. 


CS'k. 


616  JUDICIARY.— City  Courts— Augusta— 18 m~i2. 

Officers — Vacancy  of  Clerk — Sessions  of  Court — Court  fees. 

a7id  members  of  the  C'Uij  Council  of  Augusta,  and  the  members  of  tha 
Augusta  Independent  Fire  Comimmj.from  the  performance  of  certain 
duties  therein  specified  ;  and.  for  other  purposes  in- said  Act  contained. 
Assented  to  23d  Dec.  1840.     Pam.  163. 

wember  of  56.  Sec.  YI.  And  be  it  further  enacted,  That  no  member  of  the 
StX officer  City  Council  of  Augusta  shall  hold  any  office,  appointment  or  con- 
*^^^*'^"'^"' tract  under  said  City  Council,  (whereby  he  may  derive  any  proiit  or 
emolument  from  said  City  Council,)  or  the  office  of  Judge,  Clerk  or 
Sheriff  of  the  Court  of  Common  Pleas ;  nor  shall  any  person  hold- 
ing or  interested  in  any  such  office,  appointment  or  contract,  be  eli- . 
gible  as  a  member  of  the  City  Council,  after  the  first  Monday  in 
April  next. 

Sec.  VII.  [Changing  time  of  holding  Courts  ;  repealed  by  Act  of 
1841,  as  to  fall  term,  and  finally  and  fully  repealed  by  Act  of  1842.] 
vacaacy  of  57.  Sec.  VIII.  Iu  casc  of  a  vacaucy  occurring  in  the  office  of  Clerk 
of  the  Court  of  Common  Pleas  of  said  City,  the  Clerk  of  the  City 
Council  shall  sign  and  issue  any  process,  as  Clerk  of  said  Court,  un- 
til such  vacancy  is  filled  in  the  manner  prescribed  by  law, 
[The  remaining  sections  of  this  Act  local.] 


An  Act  to  amend  an  Act,  S^c.  and  to  amend  the  several  laws  regulat- 
ing the  Court  of  Common  Pleas,  in  the  City  of  Augusta,  and  to 
change  the  time  of  holding  the  Court  of  Common  Pleas  of  tJie 
City  of  Augusta. — Assented  to  27th  Dec.  1842.     Pam.  68. 

Sec.  I.     [Relative  to  City  Court  Savannah.] 
Sessions  of       58.  Sec.  II.     The  session  of  the  Court  of  Common  Pleas  of  the 
Aag»^ti"°^C)ity  of  Augusta,  shall  hereafter  be  held  on  the  fourth   Mondays  of 
February,  May,  August  and  November  in  each  year,  instead  of  the 
tmies  now  fixed  by  law. 
Court  fees        59.  Sec.  III.     The  tax  or  Court  fee  in  cases  hereafter  brought  in 
under $100,  ^^^^  Court  of  Commou  Pleas  of  Augusta,  shall  be  after  the   follow- 
ing rate,  namely :  in  all  cases  when  the  sum  claimed  does  not  ex- 
ceed one  hundred  dollars,  one  dollar  ;  when  the  sum  claimed  exceeds 
wider  $2Do,  ouc  hundred  dollars,  and  does  not  exceed  two  hundred  dollars,   two 
Sier$35o,  dollars  ;  when  the  sum  exceeds  two  hundred  dollars,    and  does  not 
wer  $350     Gxcccd  thrcc  huudrcd  and  fifty  dollars,  three  dollars  ;  when  the  sum 
^-  .         exceeds  three  hundred  and  fifty  dollars,  four  dollars:  which  tax  or 

Piiid  in  J  >  / 

a4vance.     fee  shall  be  paid  to  the  Clerk  of  said  Court,  before  he  shall  be  bound 
to  issue  any  process. 

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


JUDICIARY.— City  Courts— *S'r7?;.  Com.  Pleas— ISl^. 


617 


Analysis — Style — Jurisdiction. 


ART.  II.     COUHT  OF  COIMMON  PLEAS  AND  OYER  AND  TERMINER  FOR 

THE   CITY   OF  SAVANNAH.* 


Sec.  1. 

*'  2. 

•'  3. 

"  4. 

*'  6. 

"  6. 

'*  7. 


9. 
10. 
U. 
12. 
13. 
U. 
15. 
16. 
17. 
18. 
19. 
20. 
21. 
22. 
23. 
24. 
25. 
2(3. 
27. 
28. 
29. 
30. 
31. 
32. 
33. 


Style ;  jurisdiction. 

Jury  trial. 

Books  and  papers. 

Proceedings  in  suits. 

Answer  and  judgment. 

Bail. 

Testimony. 

Set- off,  arbitration,   &c. 

Confession  of  judgment. 

Sheriffs  sales. 

Entering  judgment. 

Clerk  and  Sheriff. 

Recorder,  prosecuting. 

Record  and  minutes. 

Duty  of  ofHcers. 

Jurymen. 

Drawing  Jurors. 

OfHcers'  oaths. 

Judge's  oath. 

Attorney's  fees. 

Certiorari. 

Records  Mayor's  Court. 

Terms  of  Court. 

Constables'    duty. 

Stay  of  execution. 

Special  Courts  ;  seamen. 

Summary  notice ;  certiorari. 

Speedy  trial. 

Imprisonment. 

Arrest. 

Act  of  1776  ;   Mayor's  power. 

Trial  of  seamen. 

Clerk  and  Sheriff;  attendance. 


Sec.  34.  Juries  ;  special  Courts. 

'  35.  Judge's  salary. 

*  36.  Jurisdiction. 
'  37.  Mortgages. 
'  38.  Commencement   of  action. 

*  39.  Attachments. 
'  40.  Proceedings  thereon. 

*  41.  Bail. 
'  42.  Declaration  thereon. 

<  48.  do         in  Attachment. 

*  44.  Garnishment. 

*  45.  Officers — parties. 
'  46.  Adjournment. 
'  47.  Testimony  cle  bene  esse. 
'  48.  J'adgment  and  execution. 
'  49.  Judge's  salary. 
'  50.  Special  sessions — seamen. 

*  51.  Cases  under  $30. 

<  52.  Jurisdiction  extended. 

*  53.  Sessions. 

'  54.  Commencement  of  suit. 

'  a 5.  Jury  trial. 

'  5%.  Clerk's  and  Sheriff's  fees. 

'  57.  Attorney's  fees, 

'  58.  Trial  first  term. 

'  59.  Appeals, 

'  60.  Special  Jury. 

'  61.  Sheriff 's  fees — civO,  cases. 

*  62.  Criminal  Cases. 
'  63.  Deputy. 
'  64.  Special  Courts. 
'  &5.  Trial  thereof. 
'  66.  Proceedings  therein. 


An  Act  for  the  organizatio7i  oj  a  Coi^t  of  Common  Pleas,  and  oj 
Oyer  and  Terminer.^  for  the  City  oj  Savannah,  and  for  repeal- 
mg  the  Civil  Jurisdiction  given  by  the  Laws  of  this  ^tate  to  the 
Mayor  and  Aldermen,  or  to  the  Mayor  of  said  City. — Approved 
Dec.   18,1819.     Vol.  III.  387. 


1.  Sec.  I.  There  shall  be  organized  in  the  City  of  Savannah,  on 
the  last  Monday  in  October  next,  a  Court  of  record  to  be  styled  the 
Court  of  Common  Pleas  and  Oyer  and  Terminer  for  the  City  of  Sa- 
vannah, which  said  Court  shall  have  cognizance  of  civil  cases,  in 
assumpsit,  debt,  covenant,  trover,  and  of  actions  on  the  case  when 
the  damages  or  cause  of  action  shall  not  exceed  the  sum  of  two  hun- 
dred,! nor  shall  be  less  than  thirty  dollars,  and  the  said  CourJ  shall 
have  criminal  jurisdiction  of  all  minor  olfences  committed  within  the 
limits  of  the  City  of  Savannah,  and  which  do  not  subject  offenders 
to  confinement  in  the  Penitentiary, 

2.  Sec.  II.  The  Judge  of  said  Court  shall  be  elected  by  the  Le- 
gislature immediately  after  the  passing  ol  this  Act,    and    shall  hold 


Stylo  of  tiie 
Court. 


Civil  juris- 
diction from 
$30  to  S^O. 


Criminal 
jurisdictioa. 


Election  of 
Judge. 


\ 


♦Acts  authorizing  discoveries  at  Common  Law,  extended  to   this  Court. 
II.  '*  Jurisdiction  Superior  and  Inferior  Courts,"  sec.  59. 
fExtcnded  to  $300.     See  Act  of  18il,  sec.  52, 
78 


Sec  Art. 


618  JUDICIARY.— City  Courts— >S'ar.    Corn.  Pleas— 1S19. 

•- — —  ■ .         i» 

Proceedings — Testimony. 

his  office  for  the  term  of  three  years,  unless  removed   therefrom   by 
the  Governor,  on  the  address  of  two-thirds  of  both   houses    of  the 
General  Assembly  for  that  purpose,  and    the    said   Judge  shall  have 
power  and  authority  to  hear  and  determine   all  civil  causes  of  which 
the  said  Court  has  jurisdiction,  and   to    give   judgment    and   award 
How  a  Jury  exccutiou    thercou :    Provided    always ^    that  either    party    in    any 
had."^*^     such  cause    shall   be    entitled  to  a   trial   by  Jury  upon   entering  a 
demand  therefor  in  writing  on  the  docket    of  the    said  Court  before 
the  opening  of  the  Court  on  the  first  day  of  the  term  to  which  the  said 
cause  is  returnable,  [and  upon  giving  security  for  the  payment  of  the 
eventual  condemnation  money  and  costs,  as  upon  the   entry    of  ap- 
peals under  the  Judicial  Statute  of  this  State.]* 
May  compel      3.  Sec.  III.     The  Said  Court  is  empowered   to  compel   the  pro- 

the  produc-     j  .  ^  ^  r 

tion  of  books  duction  of  books,  papers  and  writinars,  in  the  possession  of  any  party 

«fld  writings  ,  .^  .  -j   A        ^  .    •     •  -j  ^-  ..  *      ^u         ^   ^      ■ 

to  a  suit  in  said  Court,  containing  evidence  pertinent  to  the  cause  m 
question,  conformably  to  the  Vlth  section  of  the  Judicial  Statute  of 
this  State. 
^Sf"^^      4.  Sec.  IV.     The  process  in  civil    suits   in  said  Court   shall   be 
conformable  to  the    Vlllth   section  of  the  Judicial    Statute  of  this 
State,  excepting  that  the  process  to  all  suits  in  said  Court,    shall    be 
annexed  by  the  Clerk  of  the  Court,  and  served  by  the  Sheriff  of  the 
tendljs^^^  same,  tenf  days  before  the  return  thereof;  and  for  conducting  pro- 
befote  Court  ceedings  in  said  Court,  the  provisions  contained    in  the  IXth  section 
of  the  Judicial  Statute  shall  be  in  force  to  carry  to  trial   any  suit    in 
said  Court,  according  to  the  mode  prescribed  in  the  second  section  of 
this  Act. 
Answer.  5.   Sec.   Y.  Whcii  any  defendant  shall  havc  been  scrvcd  witli  pro- 

cess,  he  shall  file  his  answer  in  writing  in  the  terms  of  the  Judicial  Stat- 
ute, on  or  before  the  opening  of  the    Court  at  the   term   to   which 
judgm'tby  the  same  is  returnable  ;  if  th(3»defendant  shall  fail  to  file  his  answer 
in  manner  aforesaid,  the  Jiidge  of  the  said  Court  shall    note  the    de- 
Aii  except    fault  Oil  the  dockct,  and  shall  in  such  case,  and  in  all  cases  which  are 
to  be  tried    uot  dockctcd  for  trial  by  a  Jury  in  terms  of  the    proviso    of  the    first 
X^m^.^^       section  of  this  Act,  proceed  to  give  judgment  and   award  executioii 
thereon  at  the  same  term,  upon  due  proof  of  the  plaintiff* 's  claim ;  but 
Jury  cases    in  all  cases  which  are  so  docketed,  an  imparlance   shall  be    allowed 

the  2d  term.  -i       i  t  j. 

until   the  next  succeeding  term.J 

Bai;i.  6.  Sec.  YI.     In  all  cases  in  said  Court  in  which  bail  is   required, 

that  the  bail  and  proceedings  thereon  shall  be  conformable  to  ikiQ 
laws  of  this  State,  or  to  such  Statutes  upon  the  same  subject,  as  may 
be  hereafter  enacted  by  the  General  Assembly. <§> 

Witnesses.  7.  Sec.  YII.  Tlic  XlXth,  XXth,  XXIst,  and  XXIId  scctious  of 
the  Judicial  Statute ||  of  this  State,  shall  be  in  force  in  the  said  Court 
excepting  that  writs  of  subpoena  shall  be  issued  by  the  Clerk  of 
said  Court,  and  served  by  the  Sheriff*  of  the  same,    a  City    Consta- 

in^errogato-  blc,  or  somo  private  person ;  and  that  the  provisions  of  the  Act 
passed  the  16th  December,  1811,  to  alter  and   amend    the  XXIIId 

*The  clause  in  brackets  repealed  by  Act  of  1841,  sec.  55.     Sec  also  Act  of  1834,  sec 
85. 

tBut  see  sec.  54.  +Bnt  see  Act  of  1843.  sec.  58. 

§See  sees.  41  and  42.  ||For  these  sees,  see  "Evidence,''  sees.  31  to  34. 


nes, 


JUDICIARY.— City  Courts— >S^(/y.  Com.  Pleas— 1819.  619 

Proceedings — Judgment — Clerk. 

section  of  the  Judiciary  Law  of  this  State,  passed  the   16th  of  Feb- 
ruary, 1799,  shall  likewise  be  of  full  force  in    said  Court,   excepting 
that  it  shall  not  be  necessary  to    give    more  than    three  days'  notice  Three  days' 
of  an  intention  to  take  testimony  by  commission,    which   commis-  "''*"^®* 
sion  it  shall  be  the  duty  of  the   Clerk  of  said  Court  to    issue   upon 
application  therefor. 

8.  Sec.  YIIl.     The    XXIYth,   XXVth,    XXVIIIth,    XXIXth,  sotofr. 
^XXth,  XXXlst,  and  XXXIId  sections  of  the  Judicial  Statute  offj^T^^^ 
this  State,*  shall  be  in  full  force  in  said  Court,  excepting  that    all  ^JJ^^^*^'** 
claims  to  property  made  under  the  provisions  of  the    XXXIId    sec- ^^^^""Jj^^y^j^ 
tiou  aforementioned,  shall  be  returned  by  the  Sheriff  of  the  Court   to  Executions. 
the  Clerk  of  the    Superior  Court  of  Chatham  County,  in   ten  days  and^ciiims.* 
after  the  institution  of  such  claim,  to  be  decided  upon  by  a  Jurjf  at 

the  ensuing  term  of  the  Superior  Court  of  said  County. 

9.  Sec.  IX.  No  confession  of  Judgment  shall  be  entered  up  cofession 
in  said  Court,  unless  the  defendant  resides  in  the  City  of  Savan-  "  "*"  °'"^" 
nah,  and  unless  the  cause  has  been  regularly  sued  out  and  docketed, 

nor  until  such  cause  is  called  in  order  by  the  Court  for  trial. 

*•    10.   Sec  X.     All  sales  of  property  taken  under  execution  by  the  sii'iPa  saiw. 

Sheriffs  of  said  Court,  shall  be  made  conformably  to  the  laws  of  the 
State  regulating  Sheriff's  sales. 

11.  Sec  XI.     In  all  cases  in  which  a  verdict  shall  be  rendered  in  Entry  of 
said  Court,  the  party  in    whose  favor  it  may  be,  shall  be  allowed  to  3  days  after, 
enter  and  sign  judgment  thereon,  at  any  time  within  three  days    af-^"  '*^^** 
ter  the  adjournment  of  the  Court,  at  the  Clerk's  office,  for  the  amount 

of  such  verdict  and  all  legal  costs,  and  no  execution  shall  issue  on 
such  verdict  until  such  judgment  shall  be  entered  by  the  party  or  his 
attorney. 

12.  Sec   XII.     The  Clerk  and  Sheriff  hitherto    of  the    Mayor's  gj^/^^^/^** 
Court  of  Savannah,  shall  be  the  Clerk  and  Sheriff  of  the  Court  cre- 
ated by  this  Act,  but  such  Clerk  and  Sheriff  shall    continue  to    per- 
form all  the  duties  required  of  them  by  the  Ordinances  of  the  Mayor 

and  Aldermen  of  the  City  of  Savannah,    and    the  said    Clerk    and 
Sheriff  are  hereby  declared  to  be  entitled  to    the  same  fees  as  are  by 
law    allowed  to  the  Clerks  and  Sheriffs  of  the  Suj^erior  and  Inferior  ^ees. 
Courts  of  this  State. f 

13.  Sec  XIII.     The    Recorder  of  the  C it)'"  of  Savannah   shall,  The  Record- 
in  the  event  of  the  absence  of  the  Solicitor  General  of  the  District,  "r"theSo- 
prosecute  all  delinquents  for  crimes  and  offences  cognizable  by  said  aSnVe" '^^^ 
Court,  and  the  said  Recorder,  in  all  criminal  prosecutions  conducted 

by  him,  shall  be  entitled  to  receive  the    same   fees  as  by  law  are    al-"**®  ^'^^^* 
lowed  to  the  Solicitors  General  of  the  State,  reserving  to  the  Solicitor 
General  of  the  district  the  right  to  conduct  such  prosecutions,  and  to 
receive  the  same  fees  as  allowed  by  law  in   the    Superior  Courts  of 
this  State. 

14.  Sec  XIV.     The  Clerk  of  said  Court  shall  eopy  into  a  book  The  ciaS-k 
of  record  to  be  provided  by  the  Mayor  and  Aldermen  of  Savannah,  rec^„rd^and* 
all  the  proceedings  in  all  the  civil  cases  in  said  Court,    which   entry  ™*"'*^®^ 

*For  these  sections  look  under  their  appropriate  heads  in  "  Judiciary."     See  also  the 
Act  in  full  in  "Appendix." 
tBut  see  sees.  56  and  61. 


620  JUDICIARY.— City  Courts— iS'av.  Com.  P/eas— 1819. 

Sheriff — Juries — Drawing  Juries. 

of  record  shall  be  made  within  twenty  days  after  the  determination 
Fees  of       of  any  cause,  and  the  Clerk  shall  be  allowed   ten    cents   for   every 
iug.    j^yj-^jj^^.g^  words  of  recording  such  proceedings',  to  be  taxed  in  the  bill 
of  cost ;  and  the  said  Clerk  shall  keep  from  day  to  day,  regular  min- 
utes of  the  proceedings  of  said  Court,  which  shall  be  signed  by  the 
Judge. 
Clerk  and         15.  Sec.  XY.     All    tlic   dutics  aud  liabilities     attached    to   tlie 
dutTes  and"^  Clerks  of  the   Superior  and   Inferior  Courts,  and   to    the  Sherifis  of 
slrae'ir^^^the  Counties,  are  hereby  attached  to  the   Clerk  and  Sheriff  of  this 

***^d*^sheriff/^^^^^^'  ^^^  ^  Judgc  of  Said  Court  is  empowered  to  exercise  the 
same  authority  over  the  Clerk  and  Sheriff,  as  is  legally  exercised  by 
the  Judges  of  the  Superior  Courts  over  the  Clerks  of  the  Superior 
Courts  and  over  the  Sheriffs  of   the  Counties. 

Jones,  16.  Sec.  XVI.     All  persons   residing   in  the  City  of   Savunnah, 

Srve.'*^  eto^^^  ^^^q  are  liable  to  serve  as  Jurors  in  the  Superior  Court,  shall  be 
liable  to  serve  as  Jurors  in  this  Court ;  and  it  is  hereby  declared  to 
be  the  duty  of  the  said  Court  to  conform  to  the  laws  in  force  in  this 
State,  pointing  out  the  mode  of  selecting,  drawing  and  summoning 

Defaulters.  Jarors  for  the  Superior  Court ;  and  the  XLIVth  section  of  the  Judi- 
cial Statute  is  hereby  declared  to  be  in  full  force  in  said  Court ;  and 

Jarors' oath,  the  oath  to  be  administered  to  all  Juries  in  said  Court  upon  the  trial 
of  civil  causes,  shall  be  the  same  as  is  by  law  administered  to  th^ 
Petit  Jurors  in  the  Superior  Courts. 

ih^wing  17.   Sec.  XVII.     The  Judge  of  the  said  Court  shall,  previous  to 

the  adjournment  of  either  of  the  terms  of  the  same,  draw,  conforma- 
bly to  the  laws  of  this  State,    twenty-four  persons  to  serve  as  an  in- 

erand  Jury,  qucst  or  Grand  Jury    for  the   said  Court    and  City,  and  twenty-four 

ury.    persons  for  the  trial  of  all  civil  and  criminal   cases  of  which  the  said 

Court  has  jurisdiction,  but  no  inquest  or  Grand  Jury  for  the  said  Court 

Criminal      shall  cousist  of  less  than  eighteen  persons  ;  though  twelve  persons  of 

proi.ec  in^s.  ^^^^  grand  Jury  may  find  a  bill  or  make  a  presentment ;  and  it  is 
hereby  declared,  that  the  mcde  of  proceeding  and  trial  in  all  criminal 
cases  in  said  Court,  shall  be  the  same  as  is  pursued  in  the  Superior 
Courts  in  this  State  ;  and  that  the  oath  to  be  administered  to  Jurors 
and  witnesses  upon  the  trial  of  criminal  cases,  shall  be  the  same  as 
is  administered  to  Jurors  and  witnesses  in  criminal  cases  in  the  Su- 
perior Courts. 

oath.oftbe      18.   Sec  XVIII.     The    Clerk  and  Sheriff  of  the   Court  created 

Sheriff. '  by  tliis  Act,  shall  respectively  take  the  oath  required  by  the  Judicial 
Statute  of  this  State,  to  be  taken  by  the  Clerks  of  the  Superior  and 
Inferior  Courts,  and  by  the  Sheriffs  of  the  Counties,  excepting  that 
in  the  Clerk's  oath,  the  following  words  shall  be  substituted,  (aftelr 
the  words  "and  other  proceedings,") — -'of  the  Court  of  Common 
Pleas  and  of  Oyer  and  Terminer  for  the  City  of  Savannah,"  and  in  the 
Sheriff's  oath  the  same  style  of  the  Court  shall  be  inserted  after  the 
words  "as  Sheriff,"  and  the  said  oaths  the  Judge  of  the  said 
Court  or  the  Mayor  of  the  City  of  Savannah,  is  hereby  empowered  tp 
administer. 

Sec.  XIX.     [Repealed.] 


JUDICIARY.— aiTY  Courts— xVar.  Coin.  Plcas--lS19.  621 

Judge's  Salary — A.t,torney'8  Fees — Certiorari — llecords. 

19.  Sec.  XX,     The  salary  to    be  allowed  the   Judge  of  the  said  ind^>:>,'a 
Court  shall  be  thirteen  hundred*  dollars,  to  be  paid  quarterly  by  the  """^  *^^' 
Treasurer  of  the  City  of  Savannah,  out  of  the  funds  of  the  corpora- 
tion of  said  City  ;  and  the   said  Judge  before  he  enters  upon  the  du- 
ties of  his  office,  shall  take  the  following  oath  or   affirmation,   either 
before  the  Governor  or  before  commissioners  by  him  for  that  purpose 
appointed,    to  wit :     ''  I  do  solemnly  swear,  or  affirm,  that  I  will  ad-  ^»soath.: 
minister  justice  without  respect  to  persons,  and  do  equal  right  to  the 

poor  and  to  the  rich,  and  that  I  will  faithfully  and  impartially  discharge 
and  perform  the  duties  incumbent  upon  me  as  Judge  of  the  Court  of 
Common  Pleas  and  of  Oyer  and  Terminer  for  the  City  of  Savannah, 
according  to  the  best  of  my  abilities  and  understanding,  and  agreea- 
bly to  the  constitution  of  this  State  and  the  constitution  of  the  Uni- 
ted States — so  help  me  God." 

20.  Sec.   XXI.     The  attorney's  fee  in  each  cause  brousjht  in  said  ■^^^(■^''■■y'» 

■'  ^  tax  teo^ 

Court,  shall  be  one  halff  of  the  fee  by  law  allowed  upon  cases  com- 
menced and  tried  in  the  Superior  Courts,  and  upon  all  cases  brought  ^'^y  ^^* '■*' 
ill  the  said  Court,  there  shall  be  assessed  the  sum  of  three  dollars,  to 
be  paid  upon  the  institution  of  the  same,  to  the  Clerk  of  the  Court, 
who  shall  make  quarterly  returns  of  the  fees  so  received  by  him,  and 
pay  over  the  amoimt  to  the  Treasurer  of  the  City  of  Savannah,  under 
the  penalty  of  five  hundred  dollars,  to  be  enforced  by  attachment 
against  the  Clerk  as  for  a  contempt. 

21.  Sec.  XXII.     When    either  party  to  a  cause  in    said  Court  ^^^'<^^*^ 
shall  take  exceptions  to    any  proceedings  in  a  suit  affecting  the  real 
merits  of  the  same,  it  shall  be  the  duty  of  the   said  Judge,  to  cause 

to  be  made  and  filed  of  record  in  said  Court,  a  just  and  true  state- 
ment of  the  facts  relating  thereto,  and  of  all  legal  points  arising  there- 
in, and  the  said  party,  after  a  full  compliance  with  the  law  of  the 
State,  regulating  the  granting  of  certiorari,  may  apply  to  the  Judge 
of  the  Eastern  district  for  a  writ  of  certiorari,  who  shall  issue  the 
same  if  he  shall  deem  the  exceptions  taken  to  be  sufficient. 

22.  Sec.  XXtll.     All  suits  and  other  processes  which  have  been  J^''"^^'r*. 

-t  to  prt>ceoa  m 

instituted  or  ordered  in  the  Mayor's   Court  of  Savannah,  and  which  nausea 

•^  which  orig- 


shall  remain  undecided,  and  unexecuted  on  the  last    Monday  in  Oc-inatodinthe 
tober  next,  shall  be  transferred  to  the  Court  created  by  this  Act ;  and    *^^'^^'^- 
it  shall  be  the  duty  of  the  Court  to  proceed  to  the  determination  and 
trial  of  all  such  suits,  conformably  to  the  provisions  of  this  Act ;  and 
the  records  of  the  said  Mayor's   Court  are    hereby  declared  to  be  a  f^'l^gfyo®!^ 
part  of  the  records  of  the  Court  created  by  this  Act ;  and  the  Clerk  '^'^^^^ 
of  this  Court  shall,  upon   motion   first   made  to    the    Court  for  that 
purpose,  issue  execution  upon  all  judgments   which   have  been  or 
may  be  obtained  in  the  said  Mayor's  Court. 

An  Act  to  repeal   the  7iinctcenth  section  of  an  Acty  entitled  "  an  Act 

for  the  organization  of  a  Court  of  Common  Pleas  and  Oyer  and 

Terminer  for  the  City  of  Savannah  ;  and  for  repealing   the  civil 

jurisdiction  given  by  the  laws  of  this  State  to  the  Mayor  and  Al- 

♦Hoduced  first  to  .f  1000,  sec.  35,  and  now  to  $500,  sec.  49. 
flncreaaed  fifty  cents,  sec.  69. 


( 


622       JUDICIARY.— City  Courts— ^ai;.   Com.  Pleas— 182  i-' 22. 

Terms — Constables — Stay  of  Execution. 

'■      ■  o  • — — ■ — — ' 

dermen,  or  to  the  Mayor  of  said  City;'''  to  j^reso'ibe  the  terms 
at  which  the  said  Court  shall  hereafter  be  held  ;  aiid  to  compel  the 
attendance  at  said  terms  of  the  Coristables  draioii  by  the  Mayor  a?id 
Alder'^en  of  said  City. — Approved  Nov.  30,  1821.     Vol.  17.205. 

Tbei9thsec.      23.   Sec.  I.     The  nineteenth  section  of  the    said  Act  for  the  or- 

Aa  repealed  ganization  of  a  Court  of  Common  Pleas  and  of  Oyer  and  Terminer 

for  the  City  of  Savannah,  be,  and  the  same   is  hereby  repealed  ;  and 

that  there  shall  be  hereafter  the  following  terms  of  the  said  (^ourt  in 

Terms  o(     each  year,  to  wit :  on  the  third  Monday  in    October,  on  the  second 

cJrtln  of^  *  Monday  in  December,  on  the  fomth  Monday  in  January,  on  the  sec- 

fec™in^hT'  o^d  Monday  in  March,  on  the  fourth  Monday  in  April,  on  the  second 

vaJnSi^'^     Monday  in  June,  on  the  second  Monday  in  July*  and  that  all  suits, 

writs,  and  processes  Avhich  have  been  instituted  heretofore,  and  made 

returnable  to  the  terms    of  the  C'^urt  as    they  have  been   heretofore 

held,  and  which  after  the  passing  of  this  Act  shall  remain  undecided 

and  unexecuted,  shall  be  acted  upon  at    the  terms  of  the  said  Court 

hereafter  to  be  held  according  to  the  provisions  of  this  Act. 

Persons  cho-      24.   Sec.  II.     Sucli  pcrsous   as    have  been,  or  may  hereafter  be 

stables        drawn  or  chosen  by  the  Mayor  and  Aldermen  of  the  City  of  Savan- 

attend  the    uah  as  Coustablcs   for    said  City,    shall  be    compelled  to  attend   the 

court."^'^*"^  terms  of  said  Court,  to  execute  the  orders  and  processes  of  said  Court; 

and  on  failure  of  such    attendance,   after  having  been  required  to  do 

so  by  the  Sheriff  of  the  said  Court,    that  the  Judge  of  said  Court  is 

hereby  authorized  and  empowered  to   proceed  against  any  defaulter 

by  an  attachment  for  contempt. 


An  Act  to  authorize  the  Stay  of  Executions  to  be  issued  on  Judgments 

obtained  in  the  Court  of  Comtnon  Pleas  and  Oyer  and  Ttrminer 

for  the  City  of  Savannah^    by  Dtjendants^  on   entering   Security 

and  Payment  of  CostSj  for  sixty  days. — Approved  Dec.  19,   1822, 

Vol.  IV.  210. 

«ay  of  exe-       25.     From  and  after  the  passing  of  this  Act,  it  shall  and  may  be 
SorizedTn  lawful  for  defendant  or  defendants,  against  whom  judgments  may  be 
S Common  obtalued  aud  entered  in  the  Court  of  Common    Pleas,  and  Oyer  and 
Pleas  and     Terminer  for  the  City  of  Savannah,   upon  the  payment  of  the  costs 
Terminer     of  Said  judgmcuts,  and  entering  into  good  and  sufficient  security  be- 
<rfsava*^nlfah  forc  the  Clerk  of  said  Court,  within  four  days  after^jthe  rendition  and 
Sd  and\e- ^^tering  of  the  judgment  aforesaid,  for  the  payment  of  the  judgment, 
curity  given,  interest,  and  all  future  costs  to    accrue  thereon,  shall  be  entitled  to  a 
stay  of  execution  or  executions  for  sixty  days  ;  and  if  such  party  or 
parties  shall  not  pay  the  same  agreable  thereto,  then  and  in  such  case 
execution  may  issue  against  him  or  them,  and  their  security  or  securi- 
ties, without  any  other  proceedings  thereon. 

Sec.  II.     All  laws  or   parts  of  laws   militating   against  this  Act 
are  hereby  repealed. 

♦Terms  changed,  see  sec.  52  and  67. 


JUDICIARY.— ^CiTY  Courts— Sav.  Com.  P/ea5— 1831.  623 

Special  Courts  for  Seamen. 

An  Act  to  authorize  the  Judge  of  the  Court  of  Common  Pleas  and 
Oyer  and  Terminer  for  theC'^ty  of  iSavannah  to  hold  special  or 
extraordinary  Courts  for  the  summary  trial  of  causes  therein  enu- 
meratedy  and  to  emjwwer  the  Mayor  oj  the  City  of  Savannah^  also 
to  hold  such  special  or  extraordinary  Courts,  and  to  regulate  Sea- 
men or  Mariners  J  and  to  prevent  tlieinfrom  being  harbored  or  run- 
ning in  debt.* — Approved  Dec.  26.   1831.     Pam.  96. 

Whereas,  masters  and  commanders  of  vessels,  trading  to  the  City 
of  Savannah,  are  often  greatly  distressed  by  the  neglect  or  deser- 
tion of  their  seamen,  which  is  in  general  occasioned  by  the  practices  * 
ofkeepers  of  taverns  and  tippling  houses,  and  ill-disposed  persons,  to 
the  great  detriment  and  hindrance  of  the  trade  of  said  City :  And 
whereas,  the  provincial  Act  of  1766,t  is  found  to  be  inoperative  for 
the  want  of  a  Court  of  summary  jurisdiction  ;  for  remedy  whereof, 

26.  Sec.  I.     Be  it  enacted,  6fc.     That  from  and  after  the  passing  ^v^n»\  c't« 
of  this  Aot,  it  shall  and  may  be  lawful  for  the  Judge  of  the  Court  of  seanST  ** 
Common  Pleas  and  Oyer  andTerminer  for  the  City  of  Savannah  and 

also  for  the  Mayor  of  the  City  of  Savannah,  upon  the  petition  made 
to  either  of  them  by  any  ship  master,  supercargo,  owner  or  consignee 
of  any  vessel,  or  any  articled  seamen,  who  shall  have  any  dispute  or 
difference  with  any  person  touching  any  contract,  agreement,  sale, 
promise,  debt  or  demand  whatsoever,  or  shall  be  charged  with  any 
assault  or  assault  and  battery,  or  trespass  to  the  person,  not  punish- 
able with  death  or  imprisonment  in  the  Penitentiary,  setting  forth 
[in]  such  petition  the  nature  of  his,  her  or  their  case,  and  at  the  same 
time  making  oath  that  he,  she  or  they  cannot,  without  great  incon- 
venience and  damage  to  him,  her,  or  them  wait  the  determination  of 
such  matter  in  difference,  or  the  trial  of  such  charge,  by  the  ordinary 
and  usual  course  of  proceeding  in  the  Courts  of  this  State  ;  to  order, 
and  the  said  Judge  or  the  said  Mayor,  is  hereby  required  and  directed" 
to  order  and  appoint  a  special  or  extraordinary  Court,  to  be  held 
within  forty-eight  hours  after  the  grant  of  such  order  for  the  trial  of 
any  such  cause,  matter  in  difference,  charge  or  trespass. 

27.  Sec.  II.     At    the    time   and    place  which  the  said  Judge  or  on  12 hour?' 
Mayor  shall  appoint,  the  parties  being  duly  notified  by  twelve  hours'  "udgeshaTi 
previous  notice  of  such  time  and  place,  shall  attend  personally,  or  by  ^un^J^^rUy. 
attorney,  before  the  said  Judge  or  Mayor,  and  the  said  Judge  or  May- 
or, shall  then  hear  the  parties,  and  shall  in  a  summary  manner  pro- 
ceed to  judge  and  determine  such  cause,  and  shall  forthwith  by  the 

'usual  process  of  said  Court,  execute  the  judgment  of  said  Court  in 
such  cause,  unless  exceptions  to  such  judgment  shall  be  taken  by  Exceptions, 
either  party  on  the  pronouncing  said  judgment — and  if  either  party 
shall  so  except  to  any  such  judgment,  it  shall  be  his  duty  forthwith 
to  apply  to  the  Judge  of  the  Superior  Court  of  the  Eastern  district  for 
a  certiorari  founded  on  such  exception,    which   if  allowed  by  the 

♦This  Act  amended  by  Act  of  1837,  sec.  50,  and  1817,  sec.  64. 

fFor  provincial  Act  of  1766,  aiid  Act  of  1843,  defining  tlie  offence  of  abducting  and 
harboring  seameu,  see  title  *'  Agriculture  and  Commerce,"  Article  "  Seamen  and 
Mariners."  , 


i 


G24  JUDICIARY.— City  Courts— >S'a?;.  Com.  Pleas— V$^Z\, 

Summary  Trial  of  Seamen  and  Mariners. 

Certiorari  JudgG  of  said  distvict  withiii  twenty-four  hours  after  the  rendition  of 
courf su^r- such  judgment,  shall  be  a  supersedeas  thereof — and  in  case  of  the 
eedous.  absence  of  the  Judge  of  said  district,  then  time  shall  be  allowed  to 
the, party  making  such  exception,  until  the  return  of  the  said  Judge, 
Bond  and  the  said  party  giving  good  bond  and  security  to  the  other  party  in 
security.      ^|^^  g^j^  q£  $200,  Conditioned  to    abide   the   fiiaal  decision    of  th« 

cause. 
Trials  to  28.   Sec.  III.     The  said  Judge  or  Mayor  shall  at  such  special   or 

be  speedy,    extraordinary  Courts,  have  full  power  to  try  each  cause   in  which 
captains  or  commanders  of  vessels,  or  articled  seamen  are  concerned 
Cv«rcion  of  as  partics,    in  the  most  summary  and  speedy  manner,  and  to  compel 
Witnesses.    ^^^^  attendance  of  witnesses  by  the  most  summary  process  that  can 
be  devised,  and  that  no  more  delays  shall  occur  in  the  trial  of  such 
causes  than  such  as  are  indispensable  to  the  due   administration  of 
justice. 
B<-amx"n  not      29.  Sec.  IY.     Aud  foi;  the  purpose  of  avoiding  vexatious  arrests 
•aUh''deV"and  fraudulent  detention,  of  articled  seamen,  ha  it  further  enacied^ 
tttin^r.        that  it  shall  not  be    lawful  for  any  keeper  of  a  tavQm  or  tippling 
house,  or  any  other  person,  when  an  articled  seaman  shall  have  been 
committed  to  jail  by  his  captain,  owner  or  consignee,  to  lodge  a  de- 
tainer under  the  pretence  of  civil  process  fpunded  on  a  debt — but 
that  in  such  case,  when  an  articled  seaman  '  [or  seamen]   shall  have 
been  committed  to  jail  by  a^y  captain,  owner  or  consignee  of  a  vessel, 
it  shall  be  the  duty  of  the  jailer  to  surrender  such  seaman  upon  the 
requisition  of  such  captain,  owner  or  consignee  so  committing  him, 
notwithstanding  any  detainer  which  may  or  shall  have  \iQQ\i  lodged 
against  such  seaman  founded  on  civil  process. 
f<i^v,m^n  not    "  30.   Sec.  V.     It  shall  uot  be  lawful  for  any.  ShcriiT,  Constable  or 
w.thi'r'^^f' '^  other  officer,  to  arrest  any  articled  seaman  an   civil  process  within 
hour? ofsaii- t^Qnty-f our  hours  next  immediately  before    the   time  which    shall 
''^*  have  been  designated  by  advertisement  for  the  sailing  of  such  vessel, 

or  after  the  lapse  of  such  time,  if  such  vessel  shall  have  been  detained 
beyond  that  time  by  adverse  winds  or  other  causes — and  in  case   of 
any  such  arrest  within  suck  time,  the  said  Judge    or   Mayor   shall 
have  full  power  and  authority  to  discharge  such  seaman  instantly  on 
the  application  of  the  captain,  owner,  or  consignee,  showing  that  such 
arrest  was  made  after  the  time  in  this  section  prohibited,  and  further, 
that  the  officer  making  such  arrest  shall  be  punishable  by  indictment 
in  the  said  Court,  and  on  conviction,  shall  be  sentenced  by  the  said 
Court  to  a  fine  not  exceeding  $100. 
/ct  of  1766      31.  Sec.  VI.     The  Provincial  Act  of  Assembly,  entitled  '^an  Act 
ihfuii  force  ^^  punish  scamcu  or  mariners  neglecting  or  deserting  their  duty  on 
board  their  respective  ships  or  vessels,  and  for  preventing  seamen 
and  mariners  from  being  harbored  or  running  in  debt,"   passed    6th 
March,  1766,  shall  be,  and  is  hereby  declared  to  be,  in  full  force,  and 
Mayor  samo  that  the  Said  Judge  or  the  said  Mayor  shall  in  the  summary  manner 
Eker  f  aforesaid,  exercise  all  the  powers,  jurisdiction  and  authority  by  that 
Peace  there- j!^ct  vcstcd  ill  Justiccs  of  the  Pcacc,  aiid  that  the  said  Judge  or  May- 
or shall  be  and  hereby  is  fully  empowered  to  carry  into  effect  the 
provisions  of  that  Act  as  fully  and  to  all  intents  and  purposes,  as 


JUDICIARY.— City  Courts— 5r«i7.  Com.  P/eas— 1831-'33.         62o 

OHieers  must  attend — Juries  for  Special  Courts. 

Justices  of  the  Peace  could  have  done  immediately  after  the  passage 
of  said  Acts. 

32.  Sec.  VII.     If  any  articled  seaman  shall  after  the  passage   of  Arrests  of 
this  Act,  be  arrested  under  civil  or  criminal  process,   issued  by  any  fmmlJdiateiy 
Justice  of  the  Peace  or  Justice  of  the  Inferior  Court,   the   captain,  JuJgo^J^r 
owner  or  consignee  of  the  vessel,  to  which  such  seaman   shall   be  M^y«^'>"- 
under  artL'lcs  at  the  time  of  such  arrest,  shall  be  entitled  to  apply  to 

the  said  Judge  or  Mayor  for  a  summary  hearing  and  determination 
of  such  cause  of  arrest  in  the  manner  in  the  first  and  second  sections 
in  this  Act  prescribed,  and  the  said  Judge  or  Mayor  shall  have  full 
power  and  authority  to  take  jurisdiction  and  cognisance  of  such 
cause,  and  finally  to  decide  the  same  ;  and  it  shall  be  the  duty  of 
the  officer  making  such  arrest,  and  of  the  Justice  from  whom  the 
process  emanated,  on  the  requisition  of  the  said  Judge  or  Mayor,  to 
transmit  to  the  said  Judge  or  Mayor  all  documents  and  papers  in  re- 
lation thereto. 

33.  Sec.  VIII.     The  Sheriff  and  Clerk  of  the  said  Court  of  Com- sheriffand 
mon  Pleas,  and  Oyer  and  Terminer  for  the  City  of  Savannah,  shall  ^nd^peJai 
in  person  or  by  deputy  attend  such  special  or  extraordinary    Courts,  courts, 
and  shall  be  entitled  to  the  same  fees  that  by  law  they  are  now  enti- 
tled in  ordinary  cases :  and  that  it  shall  be  the  duty  of  the  Clerk  of 

said  Court  to  require  of  the  plaintiffs  in  such  cause  the  sum  of  three  costs, 
dollars,  which  shall  be  paid  to  him  for  the  use   of  said  City,   to  be 
taxed  in  the  bill  of  costs  against  the  losing  party. 


An  Act  to  authorize  the  Judge  of  the  Coiirt  of  Common  Picas  and 
Oyer  and  Terminer  of  the  City  of  Savannah^  and  the  hamlets 
thereoj,  to  draw  Juries  for  the  summary  trial  of  such  cmscs  as  by 
an  Act  passed  on  the  2(jth  day  of  December ^  1831,  the  said  Judge 
is  authorized  to  hold  special  or  extraordinary  Courts.- — Approved 
Dec.  21,  1833.     Pam.  56. 

34.  It  shall  be  the  duty  of  the  Judge  of  the  Court  of  Common  The  Judge  to 
Pleas  and  of  Oyer  and  Terminer  of  the  City  of  Savannah,  in  all  cans-  fuTspecSr  A 

OS  for  the  summary  trials  of  which  he  has,  by  an  Act  passed  on  the  ^^^^^-'  W 

26th  day  of  December,  1831,  been  authorized  to  hold  special  and  ^ 

extraordinary  Courts,  to  draw  the  necessary  Jury  or  Juries  as  author- 
ized by  the  16th  section  of  the  Act  of  18th  December,  1819,  creat- 
ing said  Court,  forthwith,  or  within  twenty-four  hours  after  the  pe- 
tition has  been  made,  upon  which  by  said  Act  the  said  Judge  is  re- 
quired to  hold  special  or  extraordinary  Courts. 

Sec.  II.     All  laws  or  parts  of  laws  militating  against  this  Act,  are 
hereby  repealed. 

An  Act  to  aTnend  an  Act  entitled  an  Act  for  the  organization  of  a 
Court  of  Common  Pleas  and  of  Oyer  and  Terminer  for  the  City 
of  Savannah  i  and  for  repealing  the  civil  jurisdiction  given  by  the 
79 


626       JUDICIARY.— City  Courts— ^Sar;.  Com.  Pleas— ISl^-'Zl. 

Jurisdiction — Mortgages — Attachments. 
*'  '  u  ■'  — — ■■  -'■-'■■  ■  ■■. ...  I ,.  ■  ■  ,,.  — ^ —       ■ 

laws  of  this  State  to  the  Mayor  and  Aldermen  or  to  the  Mayor  oj 
said  City ^  passed  Decemhi^r  18ih,  1819. — Approved  Dec.  19,  1834, 
Pam.  91. 

saiar>'  of         35.  From  and  after  the  passing  of  this  Act,  the  salary  to  be  al- 

judge.        lowed  the  Judge  of  the  Court  of  Common  Pleas  and    of  Oyer  and 

Terminer  for  the  City  of  Savannah  shall  be  $l,000j*    to  be    paid 

quarterly  to  the  said  Judge  out  of  the  funds  of  the  corporation   of 

said  City. 

Sec.  II.  [Repeals  so  much  of  the  19th  section  of  the  Act  of  De- 
cember 18,  1819,  as  requires  parties  to  give  security  to  entitle 
them  to  a  Jury  trial.     See  also,  sec.  55.] 

All  laws  or  parts  of  laws  militating  against  this  law  are  hereby  re- 
pealed. 


A/i  Act  to  ameiid  an  Act  entitled  an  Act  for  the  organization  of  a 
Court  of  Common  Pleas,  and  of  Oyer  and  Terminer  for  the  City  of 
Savannah^  and  for  repealing  the  civil  jurisdiction  given  by  the  laws 
of  this  State,  to  the  Mayor  and  Aldermen,  or  to  the  Mayor  of  said 
City ,  passed  December  18, 1819  ;  and  to  add  to,  regulate,  increase  and 
define  the  civil  jurisdiction  and  powers  of  said  Court,  and  to  regulate 
the  salary  of  the  Judge  thereof. — Assented  to  26th  December,  1837. 
Pam.  S3. 

juri.'d-ction  36.  Sec.  I.  Be  it  enacted^  That  from  and  after  the  first  day  of  ^3X1- 
es between"  ^lary  ucxt,  tlic  Court  of  Common  Pleas  and  of  Oyer  and  Termnier, 
Poo',t'^  for  the  City  of  Savannah,  shall  have  jurisdiction  of  all  cases  where 
the  debt  (exclusive  of  interest,)  or  damages  claimed,  shall  be  above 
the  jurisdiction  of  a  Justices'  Court,  and  shall  not  exceed  the  sum 
and  ciaimg  of  two  hundred  dollars  ;  and  of  all  claim  cases,  where  personal  prop- 
of  pergonal-  g^^.+y  "g  igy^gfj  q^-^^  uudcr  executiou  from  said  Court. 

Mortgages  37.  Sec.  II.  All  mortgages  upon  personal  property,  for  an  amount 
Sf  pcSai-  within  the  jurisdiction  of  said  Court,  may  be  foreclosed  by  the  Judge 
amou-S'"^  of  the  same,  (in  the  same  way  or  manner  as  in  the  Superior  or  In- 
ferior Courts.)  and  all  subsequent  proceedings  thereon,  shall  be  in 
said  Court,  and  such  as  are  prescribed  by  the  laws  now  in  force. 
Suits  com-  38.  Sec.  III.  All  suits  in  said  Court  shall  be  commenced  at  least'ten 
dr>"^btfore  ^ys  bcforc  the  time  to  which  they  are  returnable,  and  the  process 
tourt  and  shall  bc  servcd  on  the  defendants,  at  least  eight  days  before  the  ses- 

served  eight     .  ^  ;  o  J 

days.  sion  of  Said  Court.  1: 

The  Judge,  39.  Sec  IV.  The  Judge  of  the  said  Court,  or  any  Alderman  of 
m?n  or /it- said  City^  or  any  Justice  of  the  Peace,  shall  have  full  power  and 
Peace  Say  ^uthorlty  to  Issuc  attachments  which  shall  be  returnable  to  said 
mea'ts^r?-^^^'  ^^urt,  and  Avithin  the  jurisdictional  amount  of  the  same  :  Provided^ 
turnabie  to^  hovjevcr,  that  the  said  attachments  shall  be  issued  at  least  thirty'-  days 
days  before  bcforc  the  term  to  which  they  are  made  returnable,  and  shall  be  test- 
^^^^        ed  in  the  name  of  the  Judge,  Alderman  or  Justice  issuing  the  came, 

♦$600,  sec.  49.  t$300,  sec.  52. 

IBut  see  sec.  54.  ...... 

LAW  LIBRARY 


UNIVERSITY  DF  GEORGIA 
ATHENS.  GEORGIA 


JUDICIARY.— City  Courts— Sav.   Com.   Pleas— 1837.  627 

Bail — Attachment — Garnishment. 

and  be  signed  by  said  Judge,  Alderman  or  Justice  granting  the  same  : 

And  provided  also,  that  no  judgment  shall  be  rendered  on  such  at- Judgment  2d 

tachment,  until  the  term  next  after  that  to  which  it  is  made   return-  ^^""* 

able. 

40.  Sec.  Y.     Such  attachments  shall  be  directed  to  the   Sheriff  j^^JJ^a«j'.'"'f3, 
of  said  Court,  and  to  all  and  singular  the  Constables  of  the  City  of  cd. 
Savannah,  and  that  all  prior  and  subsequent  proceedings  relative   to  subsequent 
said  attachments,  not  herein  expressly  mentioned  or  specified,   shall  ^^^^^^  '°°^' 
be  governed  by  the  laws  of  the  State  of  Georgia,  in  relation  to  at- 
tachments, due  regard  being  had  to  the  nature  of  the  different   tri- 
bunals. 

41.  Sec.  YI.     Whenever  bail  shall  be  required  in  any  case  about  Ban. 
to  be  instituted  in  said  Court,  it  shall  be  lawful  and    sufficient    to 
serve  the  defendant  with  a  process  and  copy  of  the  affidavit,   as  in 
cases  of  bail  pending  the  action,  and  whenever  such  process,  with  a 
copy  of  the  affidavit  annexed,  and  a  copy  or  copies  of  such  process 
and  affidavit  shall  be  placed   in  the  hands   of  the   Sheriff  of  said 
Court,  it  shall  be  the  duty  of  said  Sherifi'  to  arrest  the  defendant  or  sheriffa 
defendants,  to  serve  him,  her  or  them,  with  a  copy  or  copies  of  said  ^^^^'* 
process  and  affidavit,  and  to  deal  with  him,  her,  or  them,  as  is  now 
required  by  the  laws  of  force  in  this  State,  regulating  cases  where 

bail  is  required,  and  the  subsequent  proceedings  shall  be  as  in  other 
cases. 

42.  Sec.  YII.     In  all  bail  cases  issued  under  the  provisions  of  this  Declaration 
Act,  the  plaintiff  or  plaintiffs  shall  be  compelled  to   file   his,   her  or  s"  uyiTe-^ 
their  declaration,  at  least  eight*  days  before  the  term  to  which  said ' '^'^  *^''"'^^* 
process  is  returnable,  and  on  failure  to  do  so,  he,  she  or  they  shall 

lose  a  term,  and  if  he,  she  or  they  fail  to  file  his,  her  or  their  decla-  ifnot  filed 
ration,  before  the  first  day  of  the  term  to  which   the  process  is  re- u^^i^iL^^ ' 
turnable,  the  Court  shall,  on  motion,  enter  judgment  of  non-suit. 

43.  Sec.   YIII.     In  all  cases  of   attachments  returnable   to  said  d  laration 
Court,  it  shall  and  may  be  lawful  for  the  plaintiff  or  plaintiffs  to  fiJe ' "  '"'^'^^""'^ 
his,  her,  or  their  declaration,  at  any  time  before  the  opening  of  the 

term  to  which  such  attachments  are  returnable,  and  on  failure  to  do 
so  by  the  opening  of  said  term,  the  Court  shall,  on  moticii. 
dismiss  the  attachment. 

44.  Sec  IX.     Said  Court  shall  have  jurisdiction  in  all  cases   i  i  •;    nishm't. 
garnishment,!  as  well  when  the  debt  of  the  garnishee  to  the  defend- 
ant shall  exceed,  as  when  it  shall   fall   short,    of   the   jurisdictio;.;il 
amount  of  said  Court,  and  that  said  Court  shall  also  have  jurisdic-.i,,r:sdiction 
tion  of  all  suits  brought  on  bail  or  attachment,  claim  or  ether  obli-  .J, .  J^JntL- 
gations,  or  bonds  given  by  parties  to  any   proceedings   issued   ^^'oni,  J"^ /.-^P'^^'js^ 
or  had  in  said  Court,  notwithstanding  that  the  penalty  of  said  bonds 

shall  or  may  exceed  the  jurisdiction  of  said  Court,  (in   consequence 
of  having  been  given  in  double  the  sum  sworn   to,  attached,   or.  of 
the  execution  issued,  or  property  levied   on:)    Frovidcd,    that  therrmso. 
original  cause  of  action  upon  which  said  bonds  or  other  obligatiGrjS 
were  had  and  taken,  did  not  exceed  the  jurisdiction  of  said  Court. 

♦See  sec.  54. 

tSee  Act  of  1822,  title  "Attachment  and  Garnishment,"  sec.  27,  which,  by  th6  Vlth 
section,  is  expressly  extended  to  City  Courts. 


628 


JUDICIARY.— City  Courts— iS'«y.  Com,  PZeas- 1837. 


Officers  parties — Testimony  de  bene  esse — Judgments — Salary — Special  Courts. 


Jurisdiction 
over  Sh'if 
and  Cierk. 


If  the  Clerk 
is  a  party. 


How  served 
when  Sheriff 
is  a  party, 


and  how 
directed. 


Absence  of 
Judge,  Court 
iidjourned 
by  clerk  and 
Sheriff. 


Testimony 
de  bone  e^se. 


Ijen  of 
judgments. 

Riecution. 


Proviso. 


Salary; 


45.  Sec.  X.  The  Sheriff  and  Clerk  of  said  Court  may  sue  and 
be  sued  in  said  Court,  and  when  the  Clerk  of  the  same  shall  be  de- 
fendant in  any  suit  or  action,  it  shall  be  the  duty  of  said  Clerk 
(if  required)  to  copy  the  petition  upon  which  said  suit  is  founded, 
as  in  other  cases,  and  annex  a  process  thereto,  which  shall  be  signed 
by  the  Judge  of  said  Court,  and  shall  be  served  in  the  same  manner 
as  in  other  cases,  and  it  shall  also  be  the  duty  of  the  Clerk  aforesaid, 
(if  required,)  to  make  out  final  process  in  any  case  in  which  he  may 
be  interested,  as  in  other  cases,  which  shall  be  signed  by  the  Judge 
aforesaid,  and  executed  as  in  other  cases ;  and  when  the  Sheriff  of 
the  Court  aforesaid,  shall  be  plaintiff  or  defendant,  in  any  suit  brought 
before  the  Court  aforesaid,  it  shall  and  may  be  lawful  for  the  Mar- 
shal of  the  City  of  Savannah,  or  any  one  of  the  City  Constables,  to 
execute  all  lawful  process  for  or  against  said  Sheriff,  and  all  such 
process  shall  be  directed  to  the  Marshal  of  the  City  of  Savannah, 
and  all  and  singular  the  Constables  of  said  City,  and  the  proceed- 
ings thereon  shall  be  as  in  other  cases. 

46.  Sec.  XL  In  the  absence  of  the  Judge  of  the  said  Court  by 
indisposition  or  otherwise,  it  shall  be  the  duty  of  the  Clerk,  or  Sher- 
iff of  the  same,  to  open  and  adjourn  said  Court,  to  such  day  as  the 
Judge  may,  in  writing,  direct.  ^ 

47.  Sec.  XII.  The  Judge  of  the  said  Court,  shall  have  power 
to  take  testimony  de  bene  esse,  in  all  cases  pending  in  the  same,  ac- 
cording to  the  laws  of  the  State  of  Georgia  in  force,  due  regard  be- 
ing had  to  the  nature  of  the  different  tribunals. 

48.  Sec  XIII.  All  judgments  obtained  in  said  Court  shall  be  a 
lien  on  all  property  belonging  to  the  defendant  throughout  the  State, 
and  all  executions  shall  be  directed  to  the  Sheriff  of  the  Court  of 
Common  Pleas  and  Oyer  and  Terminer  for  the  City  of  Savannah, 
and  all  and  singular  the  Sheriffs  of  the  State  of  Georgia,  and  may  be 
levied  on  all  property  throughout  the  said  State  :  Provided,  that  the 
Sheriff  of  said  Court  shall  levy  all  executions  on  property  within  the 
limits  of  the  said  City. 

49.  Sec  XIV.  Prom  and  after  the  expiration  of  the  present  term 
of  office  of  the  Judge  of  said  Court,  the  salary  thereof  shall  be  fixed 
at  the  sum  of  six  hundred  dollars  per  annum. 

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


An  Act  to  amend  an  Act  entitled  an  Act  to  authorize  the  Judge  of  the 
Court  of  Common  Pleas  and  Oyer  and  Terminer  for  the  City  of 
Savannah,  to  hold  special  or  extraordinary  Courts  for  the  summary 
trial  0/  causes  therein  enum^erated,  and  to  empower  the  Mayor  of 
the  City  of  Savajinah  also,  to  hold  such  special  or  extraordinary 
Courts,  and  to  regulate  seavien  and  mariners,  and  to  prerent  them 
from  beijzg  harbored  or  running  in  debt. — Assented  to  Dec.  23, 
1837.     Pam.  77.* 

Whereas,  no  provision  is  made  in  the  above-recited  Act;  for  cases 

*See  also,  Act  of  1847,  sec.  64, 


JUDICIARY.— City  CovRTs—Sav.  Com.  P7m.?— 1837-'41.        629 

(Special  Courts — Jurisdiction — Terms. 

in  which  ship-masters^  super-cargoes,  owners  or  consignees  of  ves- 
sels, or  articled  seamen  may  he  plaintiffs,  or  may  prosecute  for  as- 
sault, or  assault  and  battery,  or  trespass  to  the  person ;  and  also  in 
cases  of  dispute  or  difference  touching  contracts,  agreements,  sale, 
promise  or  debt,  where  the  sum  does  not  exceed  thirty  dollars. 

50.  Sec.  I.     Be  it  enacted,  That  from  and  after  the   passage  of  special  ses 
this  Act,  it  shall  and  may  be  lawful  for  the   Judge  of  the  Court  of  tainobjectT 
Common  Pleas  and  Oyer  and  Terminer  for  the  City  of  Savannah, 

and  also  for  the  Mayor  of  the  City  of  Savannah,  upon  the  petition 
made  to  either  of  them,  by  any  ship-master,  supercargo,  owner  or 
consignee,  of  any  vessel,  or  any  articled  seaman,  that  he,  she  or 
they  are  plaintiffs,  or  have  charged  any  person  with  an  assault,  or 
assault  and  battery,  or  trespass  to  the  person,  not  punishable  with 
death  or  imprisonment  in  the  Penitentiary,  to  hold  special  or  extraor- 
dinary Courts  for  the  summary  trial  of  such  causes,  under  the  same 
restrictions,  and  as  provided  by  the  above  recited  Act,  and  the  Act 
amendatory  of  the  same,  passed  the  21st  day  of  Dec.  1833. 

51.  Sec.   II.     All  civil  actions,  which,  by  the  above  recited  Act,  cases  under 
the  Judge  of  the  Court  of  Common  Pleas  and  of  Oyer    and    Terminer 

fo  rthe  City  of  Savannah,  or  the  Mayor  of  said  City,  are  authorized  to 
try  and  determine,  the  amount  of  which  shall  not  exceed  thirty  dol- 
lars, may  be  tried  by  any  Justice  of  the  Peace,  for  that  part  of  the 
County  of  Chatham,  embraced  within  the  corporate  limits  of  the  City 
of  Savannah,  under  the  same  restrictions  as  to  petition,  notice,  affida- 
vit, and  [as]  set  forth  in  the  first  section  of  the  said  recited  Act,  and  that 
all  and  every  process  issued  by  any  Justice,  by  authority  of  this  Act 
shall  be  served  by  any  lawful  Constable,  of  the  above  recited  part  of 
the  County  of  Chatham,  and  shall  be  determined  by  a  Jury  of  five, 
to  be  drawn  instanter  from  the  Jury  box  of  said  Magistrate,  which 
said  Jury  shall  be  summoned  to  appear  for  the  trial  of  said  action  or  J"'^- 
actions,  within  forty-eight  hours  h'om  the  time  of  issuing  the  process 
or  processes  ;  and  further,  that  the  costs  shall  be  the  same,  as  in  oth-  ^o^*^* 
er  cases  of  Jury  trials,  in  Magistrate's  Courts. 

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


An  Act  to  alter  and  amend  the  several  Acts  relating  to  the  Court  of 
Common  Pleas,  and  of  Oyer  and  Terminer  for  the  City  of  Sa- 
vanuah. — Assented  to  Dec.  7,  1841.     Pam.  76. 

52.  Sec  I.     Be  it  enacted,  That  from  and  after  the  first  day  of  J»"s^|<^»jon 
January  next,  the  Court  of  Common  Pleas  and  of  Oyer  and  Termi-  $3oo. 
ner  for  the  City  of  Sa\rannah,  shall  have  jurisdiction  in  all  civil  cases, 
(except  such  as  involve  title  to  real  estate,  or  which  may  fall  within 

a  Magistrate's  jurisdiction)  where  the  sum  claimed,  or  the  demands 
of  the  plaintiff  should  not  exceed  the  sum  of  three  hundred  dollars 
exclusive  of  interest,  and  that  the  said  Court  shall  have  jurisdiction 
to  the  same  extent  in  cases  of  attachments. 

53.  Sec.  II.     From  and  after  the  first  day  of  January  next,  the  qSeriV 


{ 


i 


630 


JUDICIARY.— City  Cojjwrs—Sav.  Coin.  Pleas— 18 A1-' A3. 


Jury  Trial — Officer's  Fees — Sessions. 


Suits  com- 
menced 14 
days  before 
Court,  and 
process  serv- 
ed 12  ddS^. 


Trial  by  Ju- 
r>'  on  de- 
maud. 


sessions  of  said  Court  shall  be  quarterly,  namely,  on  the  first  Monday 
of  February,  May,  August,  and  November.* 

54.  Sec.  III.  All  suits  in  said  Court  shall  be  commenced  at  least 
fourteen  days  before  the  time  to  which  they  are  returnable  ;  and  the 
process  shall  be  served  on  the  defendants  at  least  twelve  days  before 
the  session  of  the  Court :  Provided  herein,  that  the  provisions  of  this 
section  shall  not  extend  to  cases  of  attachment,  which  shall  be  issued 
in  the  manner  now  prescribed  by  law. 

5o.  Sec.  IY.  Either  party  in  any  cause  before  said  Court,  shall 
be  entitled  to  a  trial  by  Jury  upon  entering  a  demand  therefor  in 
writing,  upon  the  docket  of  said  Court,  before  the  opening  of  the  Court 
on  or  before  the  first  day  of  the  term  to  which  the  said  cause  is  re- 
turnable, without  the  payment  of  costs,  or  giving  bond  and  security 
therefor. 

56.  Sec.  Y.  The  Clerk  and  Sheriff  of  the  Court  aforesaid,  shall 
have  and  receive  but  twc-thirds  of  the  fees  heretofore  allowed  to  each 
respectively  by  law,  in  all  civil  cases,  to  be  charged  as  costs  against 
the  suitors  in  said  Court. f 

57.  Sec  YI.  Attorneys  practising  in  said  Court,  shall  receive  as 
a  tax  fee,  in  all  suits  brought  before  said  Court,  the  sum  of  one  dol- 
lar and  fifty  cents. J 

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


Fees  of  Cl'k 
and  Sherilf 
reduced  one- 
third. 


Attorney's 
fee,  $1  50. 


An  Act  to  amend  an  Act  entitled  an  Act  to  alter  and  amend  the  sev- 
eral  Acts  relating  to  the  Court  of  Common  Pleas  and  of  Oyer 
and  Terminer  of  the  City  of  Savannah^  assented  to  7th  Decem- 
be?^,  1841 ;  a?id  to  amend  the  several  laws  regulating  the  Court  of 
C'imtnom  Pleas  in  the  City  of  Augusta^  and  to  change  the  time 
of  holding  the  Court  of  Common  Pleas  in  the  City  of  Augusta. 
Assented  to  Dec.  27,  1842.     Pam.  68. 


Third  ses- 
sion, 1st 
Monday  in 
July. 


Sec  I.  Be  it  enacted,  That  from  and  after  the  passage  of  this 
Act,  the  third  quarterly  session  of  the  Court  of  Common  Pleas  and 
of  Oyer  and  Terminer,  for  the  City  of  Savannah,  shall  be  held  on 
the  first  Monday  in  July,  instead  of  the  first  Monday  in  Augnst,  as 
prescribed  in  said  Act, 

Secs.  II.  and  III.     [City  Court  of  Augusta,  sees.  58,  59.] 


An  Act  to  alter  and  amend  the  several  Acts  relating  to  the  Court  of 
Comtnon  Pleas  and  of  Oyer  and  Terminer  for  the  City  of  Sa- 
vannah.— Assented  to  Dec.  25,  1843.     Pam.  38. 

58.  Sec  I.  Be  it  enacted,  That  from  and  after  the  passage  of 
ry  onde-  this  Act,  whcrc  either  party  in  any  case  before  the  Courts  of  Com- 
S?m.  ^^  ^"^mon  Pleas  and  of  Oyer  and  Terminer  for  the  City  of  Savannah,  shall 


*See  next  Act. 

tSherifF's  fees  restored  by  Act  of  1847. 

X^mX  see  "Fees,"  sec.  51. 


Sec.  61. 


JUDICIARY.— City  CovRTS—Sav.  Com.  Picas— IS  A3-' A7.        631 

Appeal — Sheriif 's  Fees. 

demand  a  Jury  trial,  the  said  cause  shall  be  tried  at    the  term  of  the 
Court  to  which  it  is  returnable  :  Provided,  that  if  either  of  the  par- 
ties should  be  unprepared  for  the  trial  of  such  cause,  the  Court  may 
continue  the  same,  under  the  same  rules   and  regulations  by  which  continuance 
suits  are  now  continued. 

59.  Sec.  II.  In  case  either  party  shall  be  dissatisfied  with  the  ver- Appeal with- 
dict  of  the  Jury,  then  and  in  all  such  cases,  either  party  may,  within'"     ^^^■' 
four  days  after  the  adjournment  of  the  Court  in  which  such  verdict 

was  obtained,  enter  an  appeal  in  the   Clerk's  office  of  such  Court  as 
matter  of  right :  Provided,  the  person  or  persons  so  appealing,  shall,  on  payment 
previous  to  obtaining  such  appeal,  pay  all  costs  which  may  have  arisen  giving  bond, 
on  the  former  trial,  and  give  security  for  the  eventual    condemnation  anSin'rl? 
money,  except  executors  and  administrators,  who  shall  not  be  liable 
to  give  such  security.     If  on  hearing  such  appeal,  it  shall  appear  to  Damages  for 
the  Jury  that  the  appeal  was  frwolous,  and  intended  for  delay    only,  appeal. " 
they  shall  assess  damages  to  the  party  aggrieved  by  such  delay,  not 
exceeding  twenty-five  per  cent,  on  the    principal   sum    which   they 
shall  find  due,  and  such  damages  as  shall  be  assessed,  shall   be    spe- 
cially noted  in  the  verdict  of  such  Jurors,  and  no  person  shall  be  al- withdrawal 
lowed  to  withdraw  an  appeal  after  it  shall  be   entered,   but   by    the  °  '^^^^'^ 
consent  of  the  parties. 

60.  Sec.  III.     In  all  cases  where  an  appeal  shall  have  thus  been  Appeals^ 
entered,  the  cause   shall  be  tried  at  the  next  term  of  the  Court  ofci'auury. 
Common  Pleas  and  of  Oyer  and  Terminer  of  the  City  of  Savannah 
(unless  good  cause  be  shov/n  for  a   continuance    to  the    Court)  by  a 
special  Jury,  who  shall  be   taken  from  the  Grand  Jury  list  of  the 

said  Court,  and  struck  in  the  presence  of  the  Court  in  the  following 
manner:  The  Clerk  shall  produce  a  list  of  the  Grand  Jurors  present"and  how  select- 
there  impanneled,  from  which  the  parties  plaintiff  and  defendant,  or*'  ' 
their  attorney,  may  strike  out  one  alternately,  until  there  shall  be  but 
twelve  Jurors  left,  who  shall  forthwith  be  impanneled  and  sworn  as 
special  Jurors  to  try  the  appeal  cause  ;  and  in  all  cases  the  appellants  p".  f"ii"i'e  to 
shall  strike  first,  and  in  case  of  refusal  in  either  to  strike  such  special  ther  party. 
Jurors,  after  due  notice  given  for  the  purpose,  and  proof  thereof,  the  shall  pro ^ 
Judge  before  whom  such  notice  is  given  for  such  special  Jury  to  be  f.a^JoJsuch 
impanneled,  shall  in  behalf  of  such  absent    party,    or   his   attorney,  P'^'^^y- 
proceed  in  the  same  way  and  manner  as  if  the  party  absent  or  refus- 
ing had  been  present  or  consented  to  the  same. 

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


An  Act  to  repeal  an  Act  to  dlter  and  amend  the  several  Acts  relating 
to  the  Court  of  Common  Pleas  and  Oyer  and  Termjiner  for  the 
City  of  Savannah,  so  far  as  relates  to  the  Sheriff  of  said  Court 
and  to  alloio  said  Sheriff  certain  fees  ivliich  are  not  provided  for  hy 
law,  and  to  increase  his  fees  in  certain  cases,  and  to  allow  him  to 
appoijit  special  deputy  Sheriffs  in  certain  cases. — Approved  Dec. 
18,  1847.     Pam.  281. 

61.  Sec.  I.     Be  it  enactedj  That  so  much  of  the  fifth  section  of  the 


) 


632  JUDICIARY.— City  Courts— iS'av.  Com.  Pleas~~lM7. 

Sheriif 's  Fees — Deputy. 

Sheriff's      above  recited  Act  as  relates  to  the  reduction    of  the  Sheriff's  fees  of 
Svii  cases,  the  Court  of  Common  Pleas  and  Oyer  and  Terminer  for  the  City  of 
Savannah,  be  and  the  same  is   hereby  repealed ;  and  that  the   said 
Sheriff  shall  be  allowed  the  following  fees,  viz  :  For  summoning  or 
attending  on  a  Jury  to  try  a  debtor  for  fraud  under  the  honest  debtor's 
Act,  two  dollars ;  for  receiving  and  detaining  into    his   custody  any 
person  or  persons  given  up  to  him  by  any  security  or  securities  in  or 
out  of  Court,  one  dollar  and  eighty-seven  cents;  and  the  said  Sh«r- 
paid  in  ad-   iff  shall  uot  be  compelled  or  liable  to  receive  any  person  or  persons 
vance.        ^^  surrendered  unless  the  fee  be  paid  him  by  the  security  or  securi- 
ties at  the  time  of  surrender  ;  and  for  his  attendance  on  the  special  or 
Petit  Jury,  and  for  each  verdict  rendered,  one  dollar ;  for  the  service 
of  a  rule  or  order  of  Court,  one  dollar. 
In  criminal       62.   Sec.  II.     The  Sheriff  of  the  Court  of  Common   Pleas   and 
*^^^'**         Oyer  and  Terminer  for  the  City  of  Savannah,  shall  be   allowed  the 
following  fees  in  criminal  cases  at  special  or  extraordinary  Courts  of 
Common  Pleas  and  Oyer  and   Terminer   for   the  City  of  Savannah, 
and  at  regular  terms  of  said  Court. 

SPECIAL  OR  EXTRAORDINARY  COURTS. 

For  attendance  on  Judge  to  draw  Jury, $1  00 

For  ^rvice,  petition,  order,  &/C.  upon  each  party, 1  00 

For  summoning  the  Grand  and  Petit  Juries,    and  attendance  for   each 

case   tried  or  settled, ; 4  00 

For  each  subpoena  served, 62 

For  attendance  on  each  case  tried, 1  00 

For  bringing  each  person  from  jail, 1  25 

For  carrying  sentence  of  Court  into  execution, 1  25 

For  estreating  a  bond, 50 

For  serving  an    attachment  or  bench  warrant, .2  60 

REGULAR  TERMS  OF  COURT. 

For  summoning  the  Grand  and  Petit  Jurors  for  each  case  tried  or 

settled, 1  87^ 

For  each  subpoena  served, 62 

For  bringing  each  person  from  jail, 1  25 

For  attendance  on  each  case   tried, 1  00 

For  carrying  sentence  of  Court  into  execution 1  00 

For  estreatinjT  a  bond, 50 

For  serving  an  attachment  or  bench   warrant, 2  50 

Deputy  for  ^3'  Sec.  III.  A7id  be  it  furthcT  enacted  by  the  authority  afore" 
certain  pur-  gaid^  Whcu  it  SO  happens  that  the  Sheriff  levies  on  any  property 
where  it  is  actually  necessary  for  him  to  have  the  same  guarded, 
it  shall  be  lawful  for  him  to  appoint  a  special  deputy  Sheriff  for  said 
purpose,  who  shall  take  an  oath  before  he  enters  upon  his  duty  that 
he  will  well  and  truly  perform  the  duties  assigned  him  by  the  Sher- 
iff, and  if  any  person  or  persons  shall  resist,  oppose  or  assault  said 
special  deputy  Sheriff  in  the  discharge  of  his  duty,  he,  she,  or  they 
on  conviction  shall  be  fined  or  imprisoned  at  the  discretion  of  the 
Court ;  and  in  all  cases  when  the  Sheriff  requires  assistance,  it  shall 
be  lawful  for  the  Judge  to  allow  a  reasonable  compensation  to  said 
Sheriff. 


JUDICIARY.— City  Courts— Sav.  Com,.  Pleas— 18A7.  633 


Si:ecial  Courts — Proceedings. 


Sec.  IV.  And  he  it  farther  enacted  hy  the  authority  aforesiad^ 
That  all  laws  aiid  parts  of  laws  militating  against  this  Act,  be  and 
the  same  are  hereby  repealed. 

An  Act  to  authorize  the  Judge  of  the  Court  of  Common  Pleas  a?id 
Oyer  and  Terminer  for  the  City  of  Savaruiah,  to  hold  special  or 
extraordinary  Courts  for  the  summary  trials  of  causes  therein 
enumerated^  and  to  amend  an  Aci  entitled  an  Act  to  authorize  the 
Judge  of  the  Court  of  Common  Pleas  and  Oyer  and  Terminer 
for  the  City  of  /Savannah,  to  hold  special  or  extraordinary  Courts 
for  the  summar}f  trial  of  causes  therein  enumerated^  and  to  empow- 
er the  Mayor  of  the  City  of  Savannah  also  to  hold  such  special 
or  extraordinary  Courts^  and  to  regulate  seamen  or  m^arincrs,  and 
to  prevent  them  from  being  harbored  or  runimig  in  debt^  passed 
December  26,  1831.^— Approved  Dec.  27,  1847.     Pam.  91. 

Whereas,  the  trade  and  commerce  of  the  City  of  Savannah  is  in- 
jured, and  masters  and  commanders  of  vessels  trading  to  said  City 
are  greatly  distressed  by  the  forcibly  taking  away,  abducting,  enti- 
cing or  harboring  the  seamen  of  said  vessels,  and  whereas  ffee  evil- 
disposed  persons  who  commit  such  acts  frequently  escape  punish- 
ment by  the  absence  of  witnesses,  for  want  of  a  summary  jurisdic- 
tion to  try  said  offenders — for  remedy  whereof, 

64.  Sec.  I.  Be  it  enacted,  That  from  and  after  the  passage  of  special  cts, 
thisxlct,  i.  shall  and  may  be  lawiul  ior  the  Judge  of  the  Court  of  chargedwfu* 
Common  Pleas  and  Oyer  and  Terminer  for  the  City  of  Savannah,  inai^ducting 

-'  ^  '         seamen. 

all  cases  where  any  person  or  persons  shall  be  charged  and  prosecuted 
for  the  offence  of  abducting,  entertaining,  retaining  or  harboring  any 
articled  seamen,f  upon  application  to  said  Judge  by  the  prosecutor 
in  such  case,  by  petition  on  oath  stating  that  he  or  she,  or  the  wit- 
nesses necessary  in  carrying  on  said  prosecution  cannot,  without 
great  inconvenience  and  damage  to  him,  her  or  them,  wait  the  trial 
of  sucn  charge  or  pro>ecuticn  Dy  tiie  ordmary  and  usual  couise  of 
proceedings  in  the  Courts  of  the  State,  to  order,  and  the  said  Judge 
is  hereby  directed  and  required  to  orrler  and  nnr>oint  a  special  r  r  ex- 
traordinory  Court  to  be  held  within  forty-eight  hours  after  the  grant 
of  such  order,  for  the  trial  of  any  such  cause,  charge  or  prosecution. 

65.  Sec.  II.     The  said  Juuge  shall,  at  such  special  or  extraordi- proceedings 
nary  Courts,  proceed  to  try  eacii  cause  according  to  the  provisions  of,  of  iSt'"^^* 
and  in  the  manner  pointed  out  by  the  various   sections  of  the  Act  of 
which  this  is  amendatory,  passed  26th  December,   1831,  and  of  any 

other  Acts  which  may  have  been  passed  amendatory  thereof. 

66.  Sec.  III.  All  the  provisions  of  the  aforesaid  amended  Act  ah  its  pro- 
of the  26th  Decernber,  Ib-ii,  regulatnig  the  proceedings  of  such  appucawe. 
special  and  extraordinary  Courts,  shall  be    applicable    to   trials  under 

this  Act. 

*See  also  Act  of  1837,  sec.  50. 

tFor  Act  defining  the  offence  and  punisliment  for  abducting  and  harboring  seamen, 
•ee  title  ♦♦  Agriculture  and  Coramerce,"  subdivision  "  Seamen  and  Mariners." 

80 


i 


634 


JUDICIARY.— City  Courts— l)^/nV?i— 1816. 


Clerk — Mayor's  Covirt. 


An  Act  to  amend  and  declare  the  intention  of  an    Act    entitled   an 
Act  to  alter  and  amend  the  several  Judiciary  Acts  now  in  force  in 
this  State,  so  Jar  as  relates   to  Justices^  C021JIS,  ajjproved  Decern- 
-Approved  Feb.  23,  1850.     Pam.  274. 


ber  Uth,  1811.*- 


Disabilities 
of  Clerk 
relieved. 


Whereas,  it  is  by  the  first  section  of  said  Act  provided  that  no  Jus- 
tice of  the  Inferior  Court,  Clerk,  Sheriff,  or  practising  attorney,  be- 
ing a  Justice  of  the  Peace,  shall  try  any  warrant  and  give  judgment 
thereon ;  and  whereas  it  has  been  supposed  by  some  that  the  Clerk 
of  the  Court  of  Common  Pleas  and  Oyer  and  Terminer  for  the  City 
of  Savannah  is  included  in  the  provision  of  said  Act ;  for  remedy 
whereof, 

67.  Sec.  I.  Be  it  enacted,  That  from  and  after  the  passage  of 
this  Act,  the  Clerk  of  the  Court  of  Common  Pleas  and  Oyer  and 
Terminer  for  the  City  of  Savannah,  be  and  he  is  hereby  wholly  ex- 
empted from  the  disabilities  in  the  above  recited  provision  of  the 
said  Act  contained. 

All  laws  parts  c\nd  of  laws  militating  against  this  Act,  be  and  the 
same  are  hereby  repealed. 


ART.  III.    THE  MAYOR'S  COURT  OE  DARIEN. 


Sec.  1.  Power  of  Mayor  and  Aldermen. 
*'     2.  Court,  terms,  appeals. 
"     3.  Bail.  Jmies, 
"    4.  Rule  of  Government. 


Sec.  5.  Sale  of  land  and  negroes. 
"     6.  Imprisonment  of  debtors,  &c. 
"     7.  Jurisdiction. 


An  Act  to  Incorporate  the    Town   of  Darien.- 

1816.  Vol.  III.  1011. 


-Approved  Dec.  12j   ^ 


\ 


Conserva- 
tive powers 
of  Mayo  r 
and  Alder- 


Sec.  I.  11.  and  III.     [Direct  the  appointment  of  City  officers  and 
organize  the  Police.] 

1.  Sec.  IV.  The  Intendant  and  members  of  the  said  Council, 
shall  each  of  them  have  full  power  and  authority  to  keep  peace  and 
good  order  within  the  said  Town,  to  issue  warrants,  and  cause  all 
oflenders  to  be  brought  before  them,  and  on  examination,  either  to 
release,  admit  to  bail,  if  the  offence  be  bailable,  or  commit  to  the  cus- 
tody of  the  Sheriff  of  the  County  of  Mcintosh,  except  in  cases  here- 
after provided  for,  whose  duty  it  shall  be  to  receive  the  same,  and 
keep  in  safe  custody  until  discharged  by  due  course  of  law  ;  and  the 
said  Intendant  and  every  of  the  members  of  the  said  Council,  for  the 
time  being,  shall  be  vested  with  all  the  powers  and  authorities  that 
Justices  of  the  Peace  are  vested  by  the  laws  of  this  State,  and  shall 
exercise  the  same,  in  every  part  of  the  said  town,  for  the  preservation 
of  the  peace  and  good  order  thereof. 
Mayor's  c't.  2.  Sec.  V.  It  shall  and  may  be  lawful  for  the  said  Intendant,  or 
in  his  absence,  any  three  of  the  Council,  and  they  are  hereby  empow- 
ered at  any  time  after  the  passing  of  this  Act,  to  hold  Courts  once  in 


♦For  tMs  Act,  see  *«  Justices  of  the  Peace,"  sec.  5. 


JUDICIARY— City  Covets.— Daric?i— 1816.  635 

Mayor's  Court — Jurisdiction — Proceedings. 


ever7  month  throughout  each  year,    to  appoint  such  officers  as  they  Monthly 
may  think  necessary,  to  settle  and  allow  said  officers  reasonable  fees, 
and  to  have  jurisdiction  of,  and  to  hear  and  determine  all  civil  causes  its  jurisdic- 
not  involving  the  right  or  title  to  any  land  or  real  estate,  so  the  demand  ^'*^"" 
in  each  suit  does  not  exceed  the  sum  of  fifty  dollars,*  and  to  give 
judgment  and  award  execution  therein  according  to  laAV — Pi^ovided^ 
that  if  any  party  to  a  suit,  shall  feel  him,  her,  or  themselves  aggrieved  Appeal  to  a 
by  the  decision  of  the  said  Court,  it  shall  and  may  be  lawful  for  such^"'^^' 
party  to  enter  an  appeal  within  three  days  after  such  trial,  first  pay- 
ing all  costs  which  may  have  accrued  on  such  trial,  and  giving  suf- 
ficient security  to  abide  and  perform  the  sentence  of  the  Court  at  the  . 
trial  of  the  appeal ;  and  all  appeals  from  the  decision    of  the    said                           | 
Court,  shall  be  tried  at  the  succeeding  Court  day,  unless  good  excuse                           ' 
is  given  for  continuing  longer  such  trial ;  which   trial  shall  be  by  a 
Jury  of  seven  men,  whose    verdict    shall  be   final — Provided,   such 
contiiiuance  shall  not  exceed  three  terms. 

3.  Sec.  VL     The  said   Intendant  and  Council   shall   have  the  Ban. 
like  power  and  authority  to  hold  to  bail  for  debts  within  their  juris- 
diction, under  like  restrictions  as  pointed  out  for  the  Superior  and  In- 
ferior Courts  ;  and    shall  have   power  to    draw  and  impannel  Jurors  Juries. 
for  the  trial  of  appeals,  who  shall  be  resident  within  their  jurisdiction, 
and  shall  be  qualified  and  liable   to  serve  as  Jurors,  to  cause  them  to 

be  summoned  at  least  five  days  before  the  said  Court,  and  to  fine 
them  for  non-attendance  or  other  misconduct,  in  such  manner  as 
they  may  thiak  proper  ;  and  shall  have  power  to  award  execution 
for  such  fines,  and  cause  the  goods  of  the  persons  so  incurring  such 
fines,  to  be  sold  by  virtue  thereof:  Provided,  such  fine  shall  not  ex- 
ceed ten  dollars. 

4.  Sec.  YII,     The  said  Intendant  and  Council  shall,  in  all  judi- The  court 
cial  proceedings,   have  reference  to,  and  be  governed  by  the  laws  in  erneci  by^tiTe 
force  in  this  State,  for  regulating   the  judicial  proceedings   thereof ;  ■^"'^'*^'^^'^^^ 
and  the  said  Court  of  Intendant  and  Council  thereof,  is  declared  to 

be  a  Court  of  record,    and  any  persons  necessarily  going  to,  being  at  comtoffie-. 
or  returning  therefrom,  shall  be  free  from  arrest  on  any  civil  suit.f     ^'^^^' 

5.  Sec.  VIII.  The  Town  Marshal  shall  have  the  power  of  selling  city  Mar-  ^ 
real  estate  in  said  Town  under  execution,  issued  by  the  Intendant  Lu  Sts^  I 
and  Council :  Provided,  all  sales  made  by  him  of  real  estate  or  ne-  JJi^  thai 

groes,  shall  be  on  the  first  Tuesday  in  each  month,  and  advertised  at  3"^*^^"*"^°^^ 
least  thirty  days.  advertised. 

Sec.  IX.  and  X.     [Relates  to  work  on  the  streets  and  commons.] 

6.  Sec  XL     The  Intendant   and  Council  shall  have  power  and  confinement 
authority  to  confine  all  insolvent  debtors  within  their  jurisdiction,  as  ald^otScM 
well  as  all  -  offenders  against  the  peace    and  good  order  of  the  State,  j"iJ*^"'^" 
in  the  jail  of  Darien,  until  such  time  as  the  County  shall  build  a  jail 

at  the  Court  house. 

*.f  100,  sec.  7. 

tAs  to  garnishments,  see  Act  of  1822,    sec.  YI.  «  Attachment  and  Garnishment," 
sec.  27. 


} 


636  JUDICIARY.— City  CouuTS—Savannah  Police— 1SA9. 

Jurisdiction  Increased — Savannah  Police. 


An  Act  to  make  the  Town  of  Darien  a  City^  and  to  amend  the  fore- 
going Act.— k^^YOwediT>QQ..  18,  1818.     Vol.  III.   1014. 

Sec.  I.  and  II.     [Changes  the  style  of  the  Town  to  that  of  '^City," 

and  direct    the    election  of  a  Mayor   and    Aldermen    in  the  place  of 

Intendant  and  Council.] 

junsdiction       7.  Sec.  III.     The   jurisdiction  of  the  Mayor's  Court  of  the  City 

$mo.^  ^^     of  Darien  shall  be  increased  to    one  hundred  dollars  ;  and  in  holding 

The  Mayor's  the  Mayor's  Court  for  the  trial  of  civil    causes,  the  Mayor  shall  pre- 

!J!!!!i^!.i«?,o  side,  and  he  shall  be    allowed  the    same  fees    as  are  allowed   to  the 

{hat  of  the    Mayor  of  Savaunah  on  sums  of  like  amount  ;  and  any  person  dissat- 

and  Council,  isficd  with  the  dccisiou  of  the  Mayor,  may  appeal  to    a  Jury,  in  the 

manner  now  provided   for  in  the  Intendant  and  Council's  Court  of 

the  Town  of  Darien  ;  and  the  same  proceedings  shall  be    had  on  all 

m^ntofMar  such  appeals  ,*  and  it  shall  be    lawful  for  the  City  Marshal  to  adver- 

siiai'fi  sales,  ^jgg  j^jg  salcs  in  any  gazette  in  the  City  of  Darien. 


ART.  IV.    THE  POLICE  COURT  OF  THE  CITY  OF  SAVANNAH. 
Sec.  1,  Jurisdiction.  |  Sec.  2.  Officers  and  Fees. 

An  Act  amendatory  of  and  in  addition  to  the  various  Acts  heret(fore 
passed  in  reference  to  the  City  of  Savannah. — Approved    Dec.  8, 
1849.     Pam.  83. 

poiiceourt      1-   S^c.  I.     Be  it  cuacted^   That  the   Police  Court  of  the  City  of 

rS)!?^^  Savannah  be,  and  the  same  is  hereby  established  and  declared  a 
Court  of  Record  ;  that  the  Mayor  or  acting  Mayor  of  said  City  be, 
and  he  is  hereby  authorized  to  preside  in  said  Court,  and  to  hold  ses- 
sions thereof  as  often  as  to  him   may  appear  to  be  necessary  ;   that 

Sessions  and  ^aid  Court  shall  have  cognizance  in  the  first  instance  of  all  offences 

jumsdiction,  agaiust  the  laws  of  the  State  touching  said  City,  including  as  well 
this  law  and  the  laws  and  ordinances  hereafter  to  be  enacted  and  or- 
dained, as  those  which  are  now  of  force,  with  power  to  inflict  the 
punishments  by  fine  and  imprisonment,  prescribed  by  the  existing 
laws  and  ordinances  or  which  may  be  fixed  by  laws  and  ordinances 

»od  ptwere.  hereafter  to  be  enacted  or  ordained,  and  to  enforce  the  same  by  execu- 
tion or  mittimus,  directed  to  the  Marshal  of  said  City,  or  any  Law- 
ful Constable  thereof,  and  to  the  Jailer  of  Chatham  County,  when 
necessary ;  and  that  said  Court  shall  have  power  to  commit  to  the 
common  jail  of  Chatham  County  any  and  all  person  and  persons  who 
shall  disturb  said  Court  during   its  sittings  or  who  shall  in  any  other 

Appeal.  manner  be  in  contempt  of  its  lawful  authority:  Provided^  neverthe- 
less, that  an  appeal  may  be  taken  from  any  judgment  or  decision 
of  said  Court  (except  a  commitment  for  contempt)  to  the  Mayor 
and  Aldermen  of  the  City  of  Savannah  and  the  hamlets  thereof,  iu 
Common  Council  assembled,  all  costs  being  first  paid  and  bond  given* 
to  abide  the  decision  of  the   said  Common  Council. 

c  fficers.  2'  Sec.  II.     The  Clerk  of  the  Council  of  the  City  of  Savannah^ 


JUSTICES  OF  THE  PEACE.— 1799. 


63T 


Oificers'  Fees — Analysis. 


the  Marshal  of  said  City,  and  the  Constables  of  said  City,  be  and 
they  are  hereby  cotistituted  officers  of  the  Police  Court  of  said  City, 
and  that  they  be,  and  they  are  hereby  authorized  to  demand  and  re- 
ceive for  services  rendered  or  duties  performed  in  said  Court,  such 
fees  and  costs  for  themselves,  to  be  collected  out  of  the  defendants,  Fees, 
as  may  be  established  by  any  present  or  future  ordinance  of  said 
City. 

[The  remaining  sections  of  this  Act,  local.] 

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

[Statutes  omitted  as  repealed  Act  of  1832,  (City  Court  of  Colum- 
bus,) Pam.  62.  Of  1833,  (City  Court  of  Macon,)  Pam.  57',  1834, 
Pam.  97.] 


JUSTICES  or  THE  PEACE. 


Bee.  1.  Issue  of  attachments. 

"  2.  Shall  not  try  trespass. 
"       3.  Book  of  entries. 

"  4.  Delivery  to  successors. 

*'  5.  Jurisdiction  and  proceedings. 

"  6.  Appeals — warrants — service. 

"  7.  Co-obligor — non-resident. 

'*  8.  Attachment  and  garnishment. 

"  9.  Evidence — set- off— claims. 

"  10.  Bail. 

*'  11.  Witnesses — interrogatories. 

'*  12.  Juries,  drawing,  &c. 

•*  13.  Oath  of  Jury. 

"  14.  Costs  in  criminal  cases. 

'*  15.  Denial  of  notes,  bonds,  &c. 

"  16.  Removal  of  defendant. 

**  17.  Ten  days'  residence. 

•'  18.  No  Justice,  or  Justice  a  party. 

"  19.  Indictment  for  mal-practice. 

•*  20.  Control  by  surety. 

**  21.  Sales.— notice — hours. 

«•  22.  Ileal  estate  and  negroes. 

"  23.  Lien  of  Judgments. 

"  24.  Constable — extra  pay. 

"  25.  Levies  by  ;  misconduct. 

♦*  26.  Fees  of  Bailiffs  and  Justice  of  the 
Peace. 


Sec.  27.  Settlement — costs. 

28.  Officers — parties. 

29.  Contempt  of  Court. 
30;  Claim  by  Agent,  &c. 

31.  Control  by  surety. 

32.  Itinerant  persons. 

33.  Deposit  of  costs. 

34.  Practice  to  be  uniform. 

35.  Prescribed  rule. 

36.  Extent  of  jurisdiction. 

37.  Kuie  vs.  Justices. 

38.  Rule  vs.  Constables. 

39.  Acc'ts  proven  out  of  the  County. 

40.  Constables'  receipts. 

41.  Costs  on  certiorari. 

42.  Execution  for. 

43.  Rules  vs.  Justices. 

44.  Service  on  co-obligors. 

45.  Service  of  summons,  9  days. 

46.  Principal  first  sued,  &c. 

47.  Defendant  pointing  out  slaves,  &c, 

48.  Advertisement  of  sales. 

49.  Suit  on  several  notes. 

50.  Set-off—judgment  for  overplus. 

51.  Over  $30  credit. 

52.  Proof  of  open  account. 


i 


♦For  the  mode  of  election  and  qualification  of  Justices  and  Constables,  their  bonds 
and  oaths,  the  appointment  of  the  latter  in  certain  cases,  see  "  County  Officers,"  sees. 
2,  12,  22,  28,  30,  55,  5Q,  58,  61,  73,  75;  Constitution,  Art.  III.  sec.  1. 

Various  duties  of  these  officers  are  so  interwoven  with  other  Statutes,  as  to  render  it 
impossible  to  collect  them  here.  See,  for  some  of  them,  "  Judiciary,"  Articles  *'  Certi- 
orari," "Lien,"  "Limitcdion  of  Actions,''  "Possessory  Warrants,"  "  Usury."  See  al- 
so, title  "Estrays,"  sees.  4,  5,  11. 

For  Act  authorizing  returns  to  be  traversed,  see  "  Judiciary,"  Art.  XVII.  "  Officers," 
sec.  332. 

For  Acts  requiring  Clerks  to  record  Constables'  bonds,  and  give  them  certificates,  see 
V  County  Officers,"  sec.  73. 
^  For  Act  authorizing  Inferior  Courts  to  lay  out  new  districts,  see  "  Counties,"  sec.  19. 


> 


638  JUSTICES  OF  THE  PEACE— 1799-1810. 

Attachments — Trespass — Docket — Jurisdiction. 

An  Act  for  the  appointment  of  County  Officers. — Approved  Feb.  16. 

1799.     Vol.  I.  201. 

•  Sec.  V.  [See  County  Officers.] 
Justices  may  1.  Sec.  LXXl.  Aud  the  saicl  Justices  respectively  may,  ail cl  are 
mems%?tur- hereby  fully  authorized  and  empowered,  to  issue  attachments  re tarn- 
supIfriS  or ^  ^ble  to  the  Superior  or  Inferior  Courts,  under  like  circumstances,  and 
luL  Courts,  jji  \{\^Q  manner  as  the  Judges  or  Justices  of  the  said  Courts  are  em- 
powered to  do. 

'    ^  Judiciary  Act  of  17^^.     Vol.  I.  292. 

Justice  shall      2.   Sec.  LXI.     No  Justicc  of  the  Peace  shall  sustain  or  try    any 
ttespSs.      satisfaction  in  damages  for  any  trespass  on  the  person  or  property  of 
such  plaintiff. 

An  Act  to  comjjel  the  Justices  of  the  Peace  in  this  State,  to  keep  a  fur 
and  regular  Book  of  Entry — Approved  Dec.  13,  1809.  Vol  IL 
B7'2. 

jHstices  of        3_     gEc.  I.      From  and  after  the  first  day  of  March  next,   it  shall 

the  Peace  to  •  r  t\  - 

keepabook  bc  the  duty  of  cach  Justice  of  the  Peace  in  this  State,  to  keep  a   air 
aii^cK-'ifpro-  and  legible  book  of  entry  of  all  civil  proceedings  had  before  iiim, 
ceedings.     ^^^  ^,^^  rccovcry  of  debts,  &c. 
Said  books        4^   §^0.  II.     In  all  cascs  where  any  Justice  of  the  Peace   in  this 

to  be  deliver-  .  r      ^  ^■  r       i  t         ■  n 

edtosuc-  State,  shall  resign  or  remove  out  oi  the  limits  oi  the  district  lor 
wliicli  he  shall  have  been  appointed,  it  shall  be  the  duty  of  such 
Justice  to  deliver  the  said  book,  or  a  fair  copy  thereof,  to  his  succes- 
sor in  office,  within  sixty  days  after  he  may  be  commissioned,  or 
deposit  the  same  with  the  Clerk  of  the  Inferior  Court. 

Act  of  1810.     Vol.  II.   620. 

juror'soath       g^Q^  i[      [Juries  on  claims  ''to  take  a  like  oath"  with  Juries  on 

on  claims.  L  /.     t    •       *  i     i  n 

aDpeds.     Balance  oi  this  Act  superseded.] 


An  Art  to  alter  and  amevid  the  several  Judiciary  Acts  now  in  f:rce 
in  this  State,  so  far  as  relates  to  Justices^  Courts, — Approved  Dec, 
14,  1811.     Vol.  III.  368. 

W'isreas,  the  said  Acts  are  not  found  to  answer  the  purposes  for 
whic  1  they  were  intended  ; 
Jurisdiction  5.  'EC.  I.  Be  it  cnactcd,  That  from  and  after  the  passin'j  of 
of  the^^' eace.  this  Act,  the  JusticGs  of  the  Peace  in  the  respective  company  districts, 
or  any  one  or  more  of  them,  shall  have  authority  and  jurisdiction  to 
hear  and  determine  all  suits  on  any  liquidated  demand  or  account, 
for  any  sums  of  money  not  exceeding  thirty  dollars,*  by   summons 

♦Exclusive  of  interest.    See  sec.  36. 


JUSTICES  OF  THE  PEACE— 1811. 639 

Appeals — Time  and  place  of  trial — Service. 

or  warrant:  Prodded^  that  no  Justice  of  the  Inferior  Court,  Clerk,* Proviso. 
Sheriff,  or  practising  Attorney,  being  a  Justice   of   the   Peace,   shall 
try  any  warrant,  or  give  judgment  thereupon  in  any  civil  case  whatso- 
ever ;  and  the  said  Justices  are  hereby  authorized  and    empowered 
to  give  judgment  and  award  execution    thereon;   Provided  nevtrthe- 
less^  that  either  party  being  dissatisfied,  shall  be  allowed  an  appeal,  Appeals, 
on  payment  of  costs  and  giving  security  for  the  eventual  c  3ndemna- 
tion  money  within  three  days  after  judgment;!    ^^  ^^^^   party  cast  J^''^^*'"  ^ 
may  stay  the  levy  of  execution  forty  days,  on  payment  of  cost^  and 
giving  security  within  four  days  after  judgment ;  but  no  stay  of  ex-stayofexe- 
ecution  shall  be  allowed  after  an  appeal  trial,  for  a  longer  time   than  fn 4Ta)^l^  ' 
twenty  days  ;  in  which  case,  the  security  on  the  appeal,   together 
with  the  security  for  the  stay  of  execution,  shall  be  liable  for  the 
debi  and  cost.     An  1  it  shall  be  lawful   for  any   person    or   persons, 
who  has  or  have  in  his,  her,  or  their  hands  any  bond,  note,   or  ac- 
count, which  was  given  for  any  sum  exceeding  thirty  dollars,   and  Debts  ongi- 
the  amount  of  which  has  been  reduced  by  any  payment,   or  pay-  po  have ' 
ments,  or  off- sets,  to  the  sum  of  thirty  dollars,  or  under,  and  which  gd'^J.^p^J^^f" 
payment  or  payments  are  endorsed  on  the  back  of  such  bond,  i^ole  !h°"!:uSe 
or  account ;  or  where  any  bond,  note,   account  or  other  agreement  binder, 
(gaming  debts  excepted)  which  in  its  original  exceeded  the   sum  of 
thirty  dollars,  but  has  been  reduced  by  bond  or  bonds,  note  or  notes, 
although  of  equal  date,  and  payable  at  the  same  time,  to  a  sum   or 
sums  under  or  of  thirty  dollars  each,  that  then  and  in  every  such 
case  it  shall  and  may  be  lawful  for  any  person  or  persons,   who   has 
or  have  in  his,  her,  or  their  hands,"  any  such  note  or  notes,   bond  or 
bonds,  or  accounts  as  aforesaid,  to  bring  suit  thereon  in  the  Justices' 
Court  in  the  district  where  the  debtor  or  debtors  may  reside  ;    and 
the  Justice  or  Justices  are  hereby  authorized  to   give  judgment  for 
whatever  sum  in  his  judgment  appears  to  be  due.  J 

6.   Sec.  II.     All  such  appeals  shall  be   tried   before    any    one    or  Appeals, 
more  Justice  or  Justices  in  the  company  district  in  which  the  cause  tS.^^  '^ 
originated,  by  five  Jurors,  to  be  drawn,   impanneled  and   sworn  as 
hereinafter  directed,  and  in  no  other  manner  whatsoever,  whose  ver- 
dict shall  be  final  and  conclusive  between  the  parties  (except  remov- 
ed by  certiorari ;)  Pi'ovlded  always,  tha.t  no  Justice   or  Justices  ofNodvii 
the  Peace  shall  hold  any  Justices'  Court,  or  pass  any  judgment   in  JoX^hld^^ 
any  civil  case  on  any  other,    or  more  than  one  day  in  each  month,  ^'^^  ''^^  the 
which  day  they  may  appoint  in  their  respective  districts  ;  nor  at  any  and  piace. 
other  place  than  that  specially  mentioned  in  the  warrant  or  summons  ; 
which  place  shall  be  as  near  central  as  convenience  will  admit,  which  ,^'arrant?, 

'by  whom 

v/arrant  or  summons  shall  be  served  by  any  Constable   of  the  dis-  ^nrf  ^-pw 
trict  in  which  the  defendant  may  reside,  duly  appointed  and  sworn 
to  the  faithful  execution  of  his  office,  either  by  giving  a  copy  to  the 
defendant  in  person,  or  by  leaving  a  copy  thereof  at  his,  her,  or  their 
usual  and  notorious  place  of  abode,  at  least  ten^  days  before  the  day 

*Explained  as  to  Clerk  of  Common  Pleas  of  Savannah.     See  "  City  Courts,"  <'  Sa- 
vannah," sec.  67. 

fMay  appeal  without  paying  cost ;  see  *'  Judiciary,"  sec.  ISO, 
:J:Re-enacted  in  1842,  sec,  49. 
{Nine  days,  by  Act  of  1841. 


640  JUSTICES  OF  THE  PEACE— 1811. 

Co-obligors — Attacliments — Garnishment — Judgment  vs.  Garnishee. 

of  trial ;  and  it  shall  be  the  duty  of  the  Constable  serving  the  sum- 
mons or  warrant,  to  make  an  entry  of  service  thereon  in  writing,  and 
sign  such  return. 
Sgors^'or       ^-   Sec.  hi.     Where  a  suit  shall  be  instituted  in  any  Justice's 
P'j'^isoy  re-  Qourt  ou  any  bond,  note,  or  other  written  obligation,  subscribed  by 
fsrentcoun-.  several  persons  living  in  different  Counties  or  districts,  the   plaintiff 
tricts.    ^''"   shall  have  his  option  to  institute  his  suit  in  either  of  the  Counties  or 
districts,  and  a  copy  of  the  original  process  being  served  on  either  or 
each  of  said  obligors  or  promisors  by  an  officer  duly  authorized,  who 
shall  make  a  return  thereof  under  his  hand  to  the  person  applying  for 
such  service,  or  the  Court  from  which  the   original   issued  ;    and  on 
such  return  being  made,  the  Justice  or  Justices  shall  be  authorized 
to  enter  up  judgment  against  the   several  obligors  or  promisors,    or 
either  of  them,  who  sliall  be  summoned  as  aforesaid. 
Attachra'tg.       S-    Sec.  IV.     It  shall  and  may  be  lawful  for  any  Justice  of  the 
Peace,  upon  complaint  made  on  oath  by  any  person,  that  his    or  her 
inwhatcas- debtor  rosidcs  out  of  the  State,  or  is  actually  removing    without  the 
eataib&ue.   jj^-j-jj|-g  of  the  Same  or  any  County  thereof,   or  absconds  or   conceals 
himself,  or  stands  in  defiance  of  a  peace  officer,  so  that  the  ordinary 
Bow  issued  P^occ^s  of  law  cauuot  bc  served  upon  him,  to    grant   an  attachment 
against  the  estate  of  such  debtor,  or  so  much  thereof  as    shall  be  of 
sufficient  value  to  satisfy  the  plaintiff 's   demand  and   cost,*    which 
Directed  and  attachment  shall  be  directed  to,    and   levied  by  any  lawful  Consta- 
ble of  the  County  where  the  property  may  be  found,  upon  the  estate 
of  such  debtor  wherever  to  be  found,  either  in  the  hands  of  any  per- 
Garnishee.    SOU  indebted  or  having  effects  of  such    debtor   in    their   possession, 
and  summon  such  person  or  persons  to  appear  at  the  Court  to  be  held 
in  and  for  the  said  district  to  which  said  attachment  may   be    made 
carniahee's  returnable,  there  to  answer  upon  oath  what  he,  she,  or  they   are  in- 
answer.       debtcd  to,  or  what  effects  of  such  debtor  he,   she,    or  they    hath  or 
have  in  their  hands,  or  had  at  the  time  of  levying  such  attachment  ; 
which  being  returned  executed,  the  Court  may  by  order  compel  such 
person  or  persons  to  appear  and  answer  as    aforesaid.f     And  where 
Traverse  of  any  person  in  whose  hands  such  attachment  may  be  levied,  shall  deny 
sheS^an-    ou  oath  owiug  auy  money  to,  or  having  in  his,    her,   or  their  hands 
*^®''-         any  effects  of  such  debtor,  it  shall  and  may  be  lawful  for  the  plain- 
tiff, or  his  attorney  or  agent,  to  traverse  such  denial,  and  thereupon  an 
Trial  thereof  issue  sliall  be  made  up,  and  the  same  shall  be  tried  at  the  next  term, 
by  a  Jury  of  five  persons,    drawn,  impanneled  and    sworn,    in  like 
manner  as  in  appeals  ;  but  on  good  cause  being  shown  on  oath,  the 
trial  may   be  put   off   one  term,    at    the    instance   of   either  party, 
.ontinuanco ^^^^1^    no    longer;    and    if  found   against  such  garnishee,   he,    she, 
or  they  shall  be  subject  to  pay  the  plaintiff  such  sum  as    shall  be  so 
Judgment    fouud,  and   cost ;  and  the  Court  shall   order  judgment   to   be  en- 
gRISshee.^   tered  thereupon  against  such  garnishee  as  against  the  original  debtor  : 
Attachment  Provided,  that  such  Justice  of  the  Peace  shall,  before  granting  such 
^^^^        attachment,  take  bond  and  security  of  the  party  to  whom  the  same 
may  be  granted,  in  double  the  sum  sworn  to  by  the  attaching  credit- 

*As  to  making  parties,  see  **  Attachment  and  Garnishment,"  sec.  9. 
fGarnishment  may  issue  in  all  cases.     See  Acts  of  1822,  1823,  1830,  1834:   and  1811> 
*'  Attachment  and  Garnishment,"  sees.  22,  28,  38,  43,  58. 


JUSTICES  OF  THE  PEACE.— 1811.  641 

Proceedings  on  Attachment. 

or,  payable  to  the  defendant,  for  satisfying  and  paying  all  costs  and  JJ^fo^^'^ 
damages  which  may  be  incurred  by,  or  happen  to  the    defendant,  in 
case  the  plaintiff  suing  out  such  attachment  should  discontinue   or 
be  cast  in  his,  her,  or  their  suit ;  which  bond  shall  be  returned  to  the 
Court  to  which  such  attachment  may  be  returnable ;  and  such   at- 
tachment shall  be  tried  at  or  before  the  second  Justices'    Court  after  ^^S^be' 
the  one  to  which  it  may  be  made  returnable  ;  and  the  party  entitled  tried, 
to  such  costs  and  damages,  may  bring  suit  and  recover  thereon  :  and  Attachment 
every  attachment  issued  without  such  bond  being  taken,  or  where  no  erTbie.'^^'^^*" 
bond  shall  be  retiu'ned  to  the  Court  with  the  attachment,  the  said  at-  in-eguiar  at- 
tachment is  hereby  declared  to  be  illegal,  and  shall  be  dismissed  with  v'Sd!"*'" 
costs  :  Provided  always,  that  every  attachment  which  may  be  issued 
as  aforesaid,  shall  be  attested  by  the  Justice  issuing  the   same,  and  ^ow  attest- 
shall  be  by  the  officer  levying  the  same,  publicly  advertised   at  thenowadyer- 
place  of  holding  the  Courts  in  said  distrrct,  and  at  one  or  more  public 
places  in  the  County,  at  least  fifteen  days  previous  to    the  Court  to 
which  said  attachment  may  be  made  returnable  ;  and  if  any    attach- 
ment shall  be  issued  within  fifteen  days  of  the  next  Court,  such  at- 
tachment shall  be  returnable  to  the  succeeding  Court,    and    shall  be 
tried  as  heretofore  directed.     And  ail  goods  and  chattels,  lands  and 
tenements,  attached,    shall  be  repleviable  by  the  defendant's  giving   ®p®^^* 
bond,  with  good  and  sufficient  security,   to   the   officer   levying  the 
same,  which  bond  he  is  hereby  empowered  to   take,  compelling  the  [Jj^^J^boud!  "'^ 
defendant  to  appear  at  the  Court  to  which  such  attachment  may    be 
made  returnable,  and  to  abide    by  and    perform  the  order  of  such 
Court :  Provided  nevertheless,  that  all  ffoods  and  effects  attached  and  Penshabi? 

1-1  11  1  •■  t-     ^   •         k  1  1       arricles  may 

not  replevied,  agreeable    to  the  provisions    oi  this   Act,   wnere   the  be  sold. 
same  shall  be  of  a  perishable  nature,  the  said  Justice  or   Justices  of 
the  Peace  shall,  on  motion  of  the  plaintiff,  his,  her  or  their  attorney 
or  agent,  order  a  sale  of  the  same ;  and  the    proceeds    of  such    sale 
shall  be  paid  into  said  Court,  and  by  them  applied  to  the  discharge  of 
the  plaintiff 's  demand,  if  established,  and  costs ;  and  the  balance,  if 
any,  returned  to  the  defendant    or  his  attorney:  Frovldcd  neverthe^^^'''^ '^^ 
less,  that  all  sales  of  perishable  property  under  attachment,  shall  un- 
.dergo  the  same  formalities  of  other  Constable's  sales  under  execa- 
tions  ;  and  whenever  any  attachment  shall 'be  returned  served  in  the-'^'^smentoflt 
hands  of  a  third  person,  it  shall  be  lawful,  on  his  or  her   appearance  of  a  gam- 
and  examination,  in   the   manner  hereinafter  directed,    to    enter  up^*^'^^' 
judgment  as  against  the  original  debtor,  and  award  execution  for  the 
money  due  by  him  or  her  to  the    absent  debtor,   and   against    such  Sh,^'^^^'^' 
property  or  effects  as  may  be  in  his  or  her  hands  or  keeping,  belong- 
ing to  such  absent  debtor,  or  so    much   thereof  as   will  be    of  value 
sufficient  to  satisfy  the  judgment  or  judgments  and  costs.     And  all  on'Jhe^^IocL 
such  goods  and  chattels,  levied  on  as  aforesaid,    and  not   replevied,  attached; 
shall,  after  the  plaintiff  has  established  his  demands,  be  by  order  of 
the  Court  sold  and  disposed  of,  for  and  towards  satisfying  the  plain- where  they 
tiff's  judgment,  in  like  manner  as  if  the  same  had  been  taken  under  cieVt^or  the 
execution :  and  where  the  property  so  attached   and   sold   as    afore-  SKay 
said,  should  prove  insufficient  to  satisfy  the  debt  and  cost,  or  where  Jj^f '''  '*^" 
the  same  shall  be  of  the  nature  of  real  estate,  then  and  in  that  case,  execution 

Q-i  '  '  shall  go  lot 


> 


I 


642  JUSTICES  OF  THE  PEACE.— 1811. 

Parties'   oath — Sct-oif — Claims — Bail — Witnesses. 

^^^«  ^'^fieS^  it  shall  be  the  duty  of  said  Justice  to  issue  execution  or  executions, 
for  the  amount  of  said  judgment  and  cost,  or  so  much  thereof  as  re- 
iied  by'gar-  maius  unsatisfied.  And  when  any  person,  as  garnishee,  returns 
brlued'fS  debts  due  to  the  absent  debtor,  the  Court  shall  order  the  same  to  be 
and  applied  g^jig^  {q^^  ^ii([  whou  rocovered,  subject  to    the  order  of  the  Court. 

by  the  court.  '  '  -^ 

Evidence.  9.  Sec.  V.  In  all  cascs  brought  before  any  Justice's  Court,  the 
best  evidence  the  nature  of  the  case  will  admit  of,,  shall  be  required  ; 

Oath  of  the  uor  shall  any  person,  plaintiff  or  defendant,  be  permitted   to  prove 

parties.  j_^-^  ^^,  j^^^  accouut,  by  his  or  her  own  oath,  without  first  making 
oath  in  writing,  that  he  or  she  hath  no  other  evidence  whereby  to 
establish  the  same  that  is  in  his  or  her  power  to  procure,^  and  in    all 

Set-off.  cases  of  mutual  debts  and  sets-off,  the  said  Justice  or  Justices  may 
enter  up  judgment  for  the  defendant,    where    it   shall    satisfactorily 

Continuance  appear  that  there  is  a  balance  due  him  or  her  :  and  on  good  cause  be- 

of  causes.       .■"^,  ,,  ..  ,  .  -.   J-         . 

ijig  shown  on  oath  by  eitiier  party,  the  said  Justices    may   postpone 
Claims  of    the  trial  three  terms,  and  no  longer;  and  where  an  execution  is  lev- 
prcperty.      ^^,|  ^^  property  claimed  by  any  person  not  a  party  to  said  execution, 
it  shall  be  the  duty  of  the  Constable  to    postpone    the   sale  of  such 
A ''davit  of  property,  and  make  return  thereof  to  the  first   Court  in  said  district: 
Frovided,  the  person  putting  in  such  claim  shall  [first  make    oath  in 
Bond.         writing,  that  said  property  is  not  liable  to  said  execution,!  and  shall 
also]  give  bond  emd  security  in  double  the  amount    of  such    execu- 
tion, which  bond  the  Constable  is  hereby  authorized  to  take,    paya- 
ble to  the  plaintiff"  in  execution,  with  condition  to  pay  all  costs  and 
damages  which  he  or  she  may  sustain,  in  case  it  should  appear  such 
claim  was  frivolous  and  intended  for  delay  only,  recoverable  in  any 
Trial  of  the  Court  having  co^uizaiice  thereof :  audit  shall    be   the   duty  of  the 

Claim.  I  •  £> 

said  Court  to  cause  the  right  of  property  to  be  tried  at  the  next  term 

by  five  Jurors,  to  be  drawn  and  inipanneled  in  like  manner   as   ap- 

.     peals/  and  on  eood  cause  bein^-  sliov/non  oath,  the  Court  may  pcst- 

Oneccntin-   ^  ,  .    ^    r  i  i 

uance.        poiio  the  trial  ior  one  term,  and  no  longer. 

Bail.  10.   Sec.  YI.     The  said  Justices  shall  have  power  a.nd   authority 

to  hold  to  bail  for  debts  Vv^i'thin  their  jurisdiction,  under  such  re- 
strictions and  regulations  as  prevail  in  the  Superior  and  Inferior 
Courts. 

Witnesses.  H.  Sec.  YII.  Ally  Justico  of  the  Peace  may  issue  summonses 
for  witnesses  resident  within  the  County  in  any  case  to  be  tried  before 
him,  which  shall  be  served  five  days  before  the  day  of  trial ;  and  such 

Defaulting  witnosscs  sliall  bo,  subiect  to  a  fine  not  exceedino^  ^10  for  default, 
at  the  discretion  of  said  Justice,  and  moreover  be  liable  to  the  party 
grieved  by  action  in  any  Court  having  jurisdiction  of  the  same,  for 
any  damages  he  m^ay  sustain  by  such  default,  v/ho  may  issue  execu- 
tion for  the  amount  of  said  fine  :   Provided,  sufficient    ex:cuse    shall 

compensa-  j^q^  ]jq  niadc  at  or  before    the    next  Court  day  :  Provided  also,  that 

liG^iiea.  all  witnesses  duly  summoned,  and  attending  said  Court,  wiio  may 
reside  out  of  the  district  where  such  Court  may   be  held,    shall  re- 

*See  sec.  52,  as  to  proof  of  set- oil.  As  to  affidavit  of  iion-rGslclcnt  |)laliitifr,  sec  Act 
of  1827,  sec.  39. 

tOath.  changed  and  may  be  made  by  agent,  sec.  30.  As  to  claims  to  property  at- 
tached, see  "  Attachm.erLt, "  &c.  sec.  5.     As  to  land  and  negroes  attached,  sec.  31. 

(1  )   If  Jury  are  ST,^xrn  to  special  Jury  oath  in  Superior  Courts,  no  error.     8   Ga.  49.  • 


JUSTICES  OF  THE  PEACE.— 1811.  643 

Interrogatories — Jury. 

ceive  seventy-five  cents  per  day  for  their  attendance  ;*  and  provided 
also,  that  there  shall  not  be  taxed  in  the  bill  of  cost    the  expense  of 
more  than  two  witnesses  to  prove  the  same  fact ;  and  it  shall  be  the  sm  twowft- 
diity  of  all  persons  summoned  as  aforesaid,  to  attend  from   time    to  point, 
time  until  the  cause  shall  be  determined,  or  they  be   otherwise   dis- 
charged hj  tlie  Court ;  and  all  fines  shall  be  paid  into  the  hands  of  Fines, 
the  Inferior  Court  for  the  use  of  the  County  ;  and   when   any   wit- 
ness resides  out  of  the  County,  whose  evidence  may  be  material  for  rre?,7iow^ta. 
either  party  in  any  cause  pending  in  the  said  Justice's  Court,  it  shall  ^"^^  ^"t. 
and  may  be  laAvful  for  the  party  wishing  to  obtain  such  testimony  to 
obtain  a  commission  from  the  Justice  issuing  the  summons,  first  giv- 
ing the  adverse  party,  his  agent  or  attorney,  five  days'  notice,  accom- 
panied with  a  copy  ot  the  interrogatories  intended  to  be  exhibited, 
which  commission  shall  be  directed  to  any  tv/o  or  more   freeholders, 
one  of  whom  shall  be  .a  Justice  of  the  Peace,   to   examine  on  oath, 
all  and    every  such  witness  )or  witnesses  ;  and   such    examination.  How  return- 
when  so  taken,  shall  be  sealed  up  by  the  commissioners,  and  direct-  ^^• 
ed   to  the  Magistrate  by  whom  it  Y\^as  issued,   and   on  returning  the 
same  shall  swearf  that  it  has  undergone  no  alteration  from  the   time 
of  his  receiving  it  of  the  commissioners  ;  and  the   commission    and 
interrogatories  so  issued,  executed  and  returned,  shall  be  read  on  the 
trial  at  the  instance  of  either  party. 

12.   Sec.  YIII.     The  method  of  drawing  Jurors  for  the  trial  of  ap- juries,  how 
peals  and  all  other  cases  in    Justices'  Courts    in  each    district,  shall  ^""^^  ^^■^■'^'"■ 
be  as  follows  :     The  Justice  or   Justices   residing  in  each  Captain's 
district,    in    conjunction    with     commanding    oliicers    of    said  dis- 
trict,   shall,    once  in   every  two  years,  procure  or  make  out  a  list  of 
all  persons  liable  to  serve  as  Jurors  in  the  Superior  Courts,  who  may 
be  residents  in  their  respective  districts,  and  shall   write    the  name  of 
every    person    so    liable  on   a  separate    piece  of  paper,  which    shall 
be  deposited  in  a  box  in  an  apartment  marked  No.  1.,  and  shall  draw 
therefrom  not  less  than  five  nor   more  than    seven  of  the  names,  so 
before  deposited,  from  time  to  time,  to    try  the  causes   so  depending 
before  them,  which  names  so    drawn  shall  be    entered  in  a  book  by 
tlie  Justice  presiding  at  the  drawing  thereof,  and  shall   be  deposited 
in  an  apartment  of  said  box,  marked  No.  2  ;  and   after  all  the  names 
are  drawn  from.  No.  1,  they  shall  comm.ence  drawing  from  No.  2,  and 
so  on  alternately  :   Provided,  that  no    Justice    shall  presume  to  draw  Proviso. 
any  Jury,  but  on  a  Court  day,  and  in  public,  and  by  a  person  not  in- 
terested in  any  suit  to    be  tried  by  said   Jury  ;  and  any  person  so  Defaulting 
drawn  and  summoned  by  a  Constable  five    days  before  Court,  neg-  {JJ^'J^  ^°  ^^ 
lecting  to  appear,  shall  be  fined  by  the   Justice  or  Justices  in  a  sum 
not  exceeding  three  dollars,  unless   such  Juror  shall  show  suiiicient 
cause  of  excuse  on  oath  at  the  next  term  ;  and  in  all  cases    of  defi- 
ciency of  Jurors,  the  Constable,  by^the  direction  of  the  Justices,  shall 
fill  and  complete  such  Jury  from  the  bystanders:  Prodded  there  shall 
not  be  less  than  three  of  the  original  pannel  on  such.  Jury  ;  and  they  Tales  men 
shall  for  every  verdict  by  them  given  in  be  entitled  to  twenty-five  cents  j^ry  f^^ 

*  Otherwise  nothing.     See  "  Fees,"  sec.   33; 

JThat  the  person  delivering  in  the  deposition  shall  make  this  oath,  is  undoubtedly 
the  meaning  of  the  Statute. 


^, .,  „       thing,  unless  such  person  shah  first  make  oath  in  writins:  to  the  truth 


644 JUSTICES  OF  THE  PEACE.— 1811. 

Oath — Discretion  as  to  cost — Bonds,  notes,  &c. — llcsidcncc — Vacancy. 

to  be  paid  by  the   party  in  whose  favor  such  verdict  may  be  given, 
and  to  be  taxed  in  the  bill  of  costs. 
Oath  of  the       ^^'   Sec.  IX.     The  oatli  to    be    administered  to  the  Jury  on  the 
j"^-  trial  of  appeals,  also  for  the   trial  of  the   right  of  property,   and  on  a 

traverse  trial  in  Justices'  Courts,  shall  be  as  follows :  "  You  shall 
"vvell  and  truly  try  the  cause  now  pending  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  you, 
to  the  best  of  your  skill  and  knowledge,  without  favor  or  affection 
to  either  party,  provided  the  case  is  not  withdrawn ;  so  help  you 
God." 

crenon'L^b  ■^^"  ^^^'  ^*  "^"^herc  any  person  or  persons,  charged  with  any 
c<.sts in crim- offence,  and  brought  before  a  Justice  or  Justices  of  the  Peace,  shall 
wa  cd^e=,.  ^^  discharged  for  want  of  sufficient  cause  of  commitment,  the  Justice 
or  Justices  may,  in  his  or  their  discretion,  discharge  the  party  with 
cost,  or  direct  the  cost  to  be  paid  by  the  prosecutor. 
Bonds,notes,  15.  Sec.  XI.  No  pcrsou  shall  be  permitted,  in  aiay  trial  in  said 
aJTiiedimt^^'J^^stices'  Court,  to  deny  his  bond,  note,  or  bill,  for   money  or  other 

on  o:ith  in 

of  such  denial. 

Persons  re-        1^-   ^EC.   XII.     lu  casc  auy    pcrsou  or  pcrsous,    after  being  sum- 
foS  or'  ^^"  i^^o^^^d  to    answer  any   complaint  for  debt,  before  any  Justice  of  the 
Peace,  shall,  before  the  sitting  of  such  Court,  remove  out  of  the  dis- 
trict, such  Justice  may  nevertheless  give  judgment  against  him,  her, 
after  judg-    or  thcui ;  and  if  any  person  shall  after  judgment  of  sucii  Court  remove 
*"*^^'^*         out  of  the  district  or    County  before  satisfaction  made,  such  Justice 
may,  in    either   case,  issue   execution  against    such  person  or  per- 
sons, which  execution  being  backed  by    any  Justice  of  the  County 
where  such  person  or  persons,  or    his,  her,   or  their   property  may  be 
found,  may  be  levied  by  any  lawful  Constable  of  said  County. 
Ten  days  re-      17.   Sec.  XIII.     If  auy  persou  or  persons  shall  live  or  reside  with- 
jirfsdicfimr  in  any  County  or  district  for  the  space  often    days,   the  same  shall 
constitute  a  sufficient  residence    so  as   to  authorize   the    Justices  of 
said  County  or  district  to  proceed  against   him,  her,  or  them,  before 
any  company  district  Court,  as  hereinbefore  pointed  out  for  all  debts 
within  their  jurisdiction.* 

Where  thej-e  ig.  Sec.  XIY .  Ill  casc  tlicrc  be  no  Justice  of  the  Peace  res- 
ts no  justu-e,  .-  I'lni  11        /'ir* 

any  adjoin-  idcut  ui  auy  Captaui's  district,  then  it  shall  and  may  be  lawful  for 
n"n  ll^t!^^  a  Justice,  in  any  adjoining  district,  to  proceed  in  like  manner  as  if  the 
ji?tkei.?a  defendant  was  an  inhabitant  of  his  district  ;  and  all  cases  in  which  a 
caSe' shall  J^^sticc  of  the  Pcacc  may  be  a  party,  shall  be  tried  in  the  nearest  Jus- 
be  tried  in    tices' Court  to  the  residence    of  the  defendant    in  said  County,  and 

the  Court  .,.,,...  ,-ii  -i 

neare,.!  to  ^  HOt  withiu  the  district  ill  wliicli  lie  may  reside. 

jjfstic^esmay      19.   Sec.  XV.     Tlic  Justiccs  of  thc  Peacc  of  the  respective  Coun- 

forniliprlc-  ^^^^  shall  bc,  aud  they  are  hereby  declared  to  be  liable  to  prosecution 

cice  in  office,  and  trial,  by  indictment,  for  mal-practice  in  office  ;  and  it  shall  be  the 

duty  of   the  Attorney  or  Solicitor  General,  on  complaint   made  to 

them,  or  either  of  them,  on  oath,  by  any  person  or  persons,  to  frame 

and  prefer  a  bill  of  indictment  to  the   Grand  Jar}^  of  the  County  in 

which  the  Justice  or  Justices  complained  of  may  reside,  containing 

*I3ut  see  Act  of  1818,  sec.  32,  as  to_itiiierant"per6ons. 


JUSTICES  OP  THE  PEACE.— 1811.  645 


Surety — Sales — lieal  estate  an  d  negroes — Judgment — Sale — Duty  of  Constables. 

the  merits  of  the  complaitit  specially  set  forth  ;  which  indictment,  if 
found  by  the  Grand  Jury,  after  hearing  the  evidence  and  the  parties, 
shall  be  tried  by  a  Petit  Jury  ;  and  if  convicted  on  such  indictment, 
the  judgment  of  the  Court  may  extend  to  fine  and  removal  from  of- 
fice, or  either,  at  discretion.      [See  Penal  Laws,  sec.  192.] 

20.  Sec.  XVI.     When  it  shall  appear  by  the  return  of  a  Constable*  The  surety 
on  any  execution  or  executions,  that  the  same  has  been  paid  by  aexecuUon^* 
security  or  securities,  it  shall  be  the  duty  of  the  Justice  or  Justices  to  JlJ^^JJ^^JJi 
make  an  entry  thereof  in  their  docket  book,  and  such  security  or  se-of^^- 
curities  shall  have  the  use  and  control  of  said  executioner  executions 

for  the  purpose  of  remunerating  him,  her,  or  themselves  out  of  their 
principal,  although  such  execution  may  have  been  levied  and  proper- 
ty sold  to  satisfy  the  same. 

21.  Sec.  XVII.     It  shall  be  the  duty  of  Constables  to  advertise  constabiee' 
all  intended  sales  at  two  or  more  of  the  most  public    places  in  their  be'advSti*^ 
proper  district,  and  at  one  or  more  of  the  most  public  places  in  the  ^^' 
County,!  at  leist  fifteen  days  before  any  sale,  and  shall  give  a  full 

and  clear  description  of  the  property  to  be  sold  ;  and  all  Constables'  .   .   , 
sales  shall  be  at  the  place  of   holding  Justices'  Courts  in  the  several  held, 
company  districts,  and  on  a  Court  day,  and  that  between  the    hours  Hours  nf sale 
of  ten  and  three  o'clock.  J 

22.  Sec.  XVIII.     No  Constable    shall    be  authorized  to  levy  on  Real  estate 
any  negro   or  negroes,  or  real  estate,  unless  there  is  no  other  person-  ^"ot  tTbT* 
al  estate  to  be  found  sufficient  to  satisfy  the  debt,^^  and  then  and  in  levied  on 

-  '  ^  where  a  tui- 

that  case,  they  are  hereby  authorized  to  levy  on  the  same  wherever  ficiency  of 

■,        t  1  T     1    T  '  ji  ■  •  1       Other  persott- 

to  be  found,  and  deliver  over    the    execution    or   executions  to  the  aity  can  b© 
Sheriff  of  the  County,  with  a  return  of  the  property  levied  on,  who^'*^"^* 
shall  proceed  to  sell  the  same,  with  such  formalities  as  are  prescribed 
for  the  sale  of  real  estates.^ 

23.  Sec   XIX.     All  judgments  which  may  be   obtained    in,  and  Jud?mentfl, 
executions  issued  from  any   Justices'    Court  after  the  passing  of  this  theVoperly, 
Act,  shall  bear  equal  dignity  with  judgments  obtained  in  and  execu- 
tions   issued  from  the  Superior  or  Inferior  Courts,  and  shall  bind  all 

the  property  of  the  defendant  from  the  date  of  the   said  judgment  ; 

and  also  all  the  property  of  his,  her,  or  their  securities  from  the  time  fendant. 

of  their  entering  theuiselves  as  such  until  the  same  shall  be  satisfied,  turtxl^ 

24.  Sec.  XX.     A  reasonable    compensation  shall    be    allowed  to  Genstabie* 
Constables,  for  carrying  property  levied  on  to  the  place  of  sale,  when  peiisated  ^ 
there  appears  an  absolute  necessity  for  so  doing,  to  be  adjudged  of  by  propeTty"to 
the  Justice  or  Justices  resident  in  said  district.  saLf'^^^^^ 

25.  Sec  XXI.     It  shall  be  the    duty  of  the  Constables    of  the  i^"fy ^fcon- 

^  Stables  in 

*0r  on  trial,  sec.  31.     See  farther,   as  to  rights  of  sui-eties,  title  «*  Judiciary,"  Article  vices,  (fcc. 
XXI.  '•  Sureties  and  Indorsers,"  sec.  4-30. 

tAltered  by  Act  of  1842,  sec.  48. 

:JFour  o'clock,  see  '-Judiciary,"  Art.  III.  "Action,"  sec.  177. 

^Defendant  may  point  them  out;  see  Act  of  1842,  sec.  47  As  to  levies  on  bank  stock, 
see  Judiciary,"  sec.  180. 

(1.)  Such  entry  must  be  on  the  Ji.fa.fox  that  defendant  pointed  out  the  property) 
to  make  a  sale  vahd.  3  Kelly,  222.  The  entry  may  be  made  by  the  officer  at  any  time, 
nunc  pro  tunc,  3  Kdli/,  222.  It  will  be  presumed,  where  the  paper  is  lost  and  a  levy  on 
land  and  sale  under  it  has  been  made.  6  Ga.  188. 

(2.)  The   Sheriff  is  lawfully  seized  of  such  land  and  negroes.  7  Ga.  264. 


646  JUSTICES  OF  THE  PEACE.— 1811. 

Liabilities — Fees. 

several  districts  to  levy  all  executions  put  into  their  hands  agreeably 

to  the  tenor  thereof,  and  to  make  due  returns  of  the  same    together 

with  all    summonses  or  warrants,   to   the  Court  to    v^^hich  they  may 

Their iiabiii-];)^  made  returnable  ;  and    if  any  Constable  shall  fail  to  execute  and 

ty  for  mis-  '  •'  , 

conduct,      make  returns,  or  pay  to   or   account   witii  any  person  for  Vviiom  he 

may  have  received   money  on  any   execution,  within  ten  days  after 

By  appiica-  the    reccption    thereof,    the   person    so  injured  as  aforesaid,    may 

ticeoftiie    upou  application  to  auv  Justlcc   Avithin  the    district  where  said  Con- 

Peace  x  ±  x 

stable  may  reside  (and  in  case  there  should  be  no  Justice  in  said  dis- 
trict, then  an  application  to  a  Justice  in  any  adjacent  district)  whose 
'     dut3^  it  shall  be  to  grant   a   warrant  to  such  applicant   against  such 
Constable,  and  such  Justice  shall,  upon   proof  thereof,  award  judg- 
ment and  execution  for  tlie  same  and  all  cost  against  such  Constable, 
and  also  line  him  for  such  abuse  in  a  sum  not  exceeding  ten  per  cent. 
on  the  amount  so  withheld  ;  and  in  case  of  neglect  or  refusal  to  serve 
and  return  any  warrant  or  summons  as  aforesaid,  may  fine  the  Con- 
stable so  offending,  in  a  sum  not  exceeding  the  amount  of  the  debt 
Byprosecu-  due  by  the  defendant;  and  ail  Constables  shall  moreover  be  subject 
suJ.coS?.  to  be  prorecuted  and   tried  formal-practice  in  office,  in  like  manner 
as  herein  pointed  out  for   Justices  of  the    Peace,    and  liable  to  like 
pains  and  penalties. 
Fees.  •   26.   Sec.  XXII.     From  and   after  the  passing  of  this  Act,  Justi- 

ces of  the  Peace  and  Constables  throughout    this  State,  shall  receive 
the  following  fees  for  the  services   hereinafter  mentioned,  and   no 


more. 


justices'   or  the  peace  fees  in  cebiixal  cases.* 


in^«rimiS      ^o^'  affidavit  to  obtain  a  warrant,  25  cents  ;   for  making  out  a  v\^ar- 
cases.         rant,  25  cents  ;  for  making  out  a  commitment,  25  cents  ;  for  making 

out  recognizance  and  returning  the   same    to  Court,  25  centt. :  for 

each  subpoena  for  witnesses,  12  1-2  cents. 


IN    CIVIL    CASES.f 


cLSr*  -f^^^  ^  warrant  or  summons,  25  cents  ;  for  each  cause  tried  by  said 

Justice,  25  cents  :  for  affidavit  to  obtain  an  attachment  or  to  hold  to 
bail  and  taking  the  bond,  50  cents  ;  for  each  execution,  ca..  sa.  or  at- 
tachment, 25  cents ;  for  taking  interrogatories  and  certifying  the 
same,  one  dollar  :  for  drawing  Jury  and  making  out  venire,  25  cents; 
for  each  cause  tried  by  said  Jury,  25  cents  ;  for  each  affidavit  Vv^here 
•  there  is  no  cause  pending,  25  cents. 


.'      T^^ 


CONSTABLES    FEES   IN  CIVIL   CASES..! 


cases 


ofaconsta-      For  sci'ving  a  warrant,  summons,  or  subpcEna,  25  cents;  for  each 

Die  in  ClVil  TT--irv-  r' 

additional  copy,  2o  cents  :  for  attending  each  trial  in  a  Justices'  Court 
25  cents  ;  for  summoning  a  Jury,  50  cents  ;  for  each  cause  tried  by 
said  Jury,  25  cents  :  for  levying  and  advertising  an  attachment,  25 

*A11  to  be  increased  2-5  per  cent,  by  Act  of  IS  19;  see  "  Fees,"  sec.  35. 

fOn  possessory  warrants,  see  •'  Pees,"  sec.  39. 

jSee  farther  as  to  Constables  fees,  title  "  Fees,"  sec.  21. 


JUSTICES  OF  THE  PEACE.— 1811-'14.  647 

Costs — When  J,  P.  or  Constable  is  a  party — Contempt — Claims. 

cents  ;  for  levying  a  ca.  sa.  or  execution  and  advertising,  25  cents  ; 
carr3dng  a  prisoner  to  jail,  per  mile  4  cents  ;  for  carrying  a  negro  to 
and  from  jail  when  under  execution,  per  mile  4  cents ;  for  keeping  a 
horse,  mare,  mule,  ass,  or  ox,  per  day,  12  1-2  cents  ;  for  each  head 
of  neat  cattle,  per  day  3  cents  ;  for  each  head  of  sheep,  goats,  or  hogs 
per  day  2  cents  ;  and  shall  moreover  be  entitled  to  five  per  centum  on 
the  amount  of  sales  made  by  him  under  execution. 

27.  Sec.  XXIII.     In  future  any  person  or  persons  who  may  in- ^^^Jf^^^^^^^y 
stitute  any  suit  or  suits  in  any  Justice's  Court,  shall  be  at  liberty  too^^tiie  pay- 
settle  or  withdraw  the  same  at  any  time,   on  payment   oi  the   cost 

which  may  have  already  accrued.     And  in  all  cases  where  execution  if  the  defen- 
or  executions  may  issue  and  being  returned  with  an  entry  of  service  vcniVtiir" ' 
thereon,  no  propert]/'  to  be  found  whereon  to  levy,    the    plaintiff  is filfhrJfor'^ 
hereby  liable  and  bound  for  the  cost,  and  that  on  refusal  to  pay  the  ^0^^^- 
same,  execution  may  issue   for   the    said  amount   against    the   said 
plaintiff.* 

Sec.  XXiy.      [Repealed.     See  Roads,  Ferries,  and  Bridges,  sec. 
17,  29.] 

28.  Sec.  XX Y.     It  shall  be  lawful   for  any    Constable    of   the  y^^'^^e 

•'     ,  Justices  or 

County  to  serve  any  warrant  or  summons  wherein  any  Justice    of  constables 
the  Peace  or  Constable  may  be  a  party,  and  to  summon  any  witness-  ^^^  ^^^  ^^'^ 
es  and  to  serve  any  bail  warrant  or   attachment,   and  to   make   due 
return  thereof  to  the  Court  to  Vvdiich  the  same  may  be  made  return- 
able ;  and  where  it  may  so  happen  that  there  is  no  Constable  in  the  constai!ie  in 
district,  it  shall  and  may  be  lawful  for  any  Constable  in  the  County  any  fnth'e^^' 
to  act  in  the  said  district,  in  all  respects  as  if   such   Constable   had  ^^J^^^^^^^  "^^y 
been  appointed  for  said  district. 

Sec.  XXVI.      [Appointment  of  Constables  by  i^w^    Magistrates. 
See  '-County  Oflicers,"  sec.  11.] 

29.  Sec  XXVII.     The  Justices  of  the  Peace  of  the  several  dis- Justices  may 
tricts  shall  have  power  during  the  sitting  of  their  respective  Courts,  contemptJ'ia 
to  fine  or  imprison  any  person  or  persons  for  contempt  of  said  Courts,  *^""  ^'"^^* 
to  be  adjudged  of  by  the  said  Justice  or   Justices,   in  any   sum  not 
exceeding  .§2,  or  imprisonment  for  a  term  not  exceeding  tv/o  days 

for  each  offence,  which  said  fine  w'hen  collected,  shall  be   paid  over 
intq  the  hands  of  the  Inferior  Court  for  County  purposes. 
Sec.  XXVIII.      [Repeals  all  conflicting  laws.] 

Act  of  Novemher  23,  1814.     Vol.  III.  382. 

30.  So  much  of  the  Vth  section  of  the  above  recited   [the  fore-  claimant, 
going]  Act  as  requires  persons  claiming  property  under  execution,  &c.make 
not  a  party  to  such  execution,  to  make  oath  that   such  property   iSgr^  J^^ffhe^' 
not  liable  to  such  execution,  be  and  the    same    is    hereby  repealed.  "^^^^^^^  ^'^ 
And  in  all  cases   of  executions  from  any  Justices'   Courts   in    this 

State,  levied  on  property  claimed  by  any  person  not  a  party  to  such 
execution,  such  person  shall  make  oath  that  such  property  levied 
on  is  his,  her,  or  their  right  and  property,  or  his,  her,  or  their  prop- 
erty as  attorney,  agent,  guardian,  executor,  or  administrator,  as  the  case 

♦Justice  may  require  non-resident  to  deposit  the  costs.     See  sec,  33. 


648 JUSTICES  OF  THE  PEACE.— 1816-'19. 

Surety — Itinerants — Non-E-es? dents — Uniform  practice. 

may  be,  to  the  best  of  his,  her,  or  their  knowledge  and  belief,  and 
shall  moreover  give  security  in  terms  of  the  said  Vth  section. 

An  Act  supplementary   to  the  Act  of  Uth    Deceinher,    1811.      [See 
sec.  5th  of  this  title.]— Approved  Dec.  12,  1816.     Vol.  Ill  384. 

On  proot  of  31.  In  all  cases  in  Justices'  Courts,  commenced  against  joint  ol>- 
judgment  ligors  or  promisors,  if  any  one  or  more  of  them  shall  make  it  appear 
Son^to^go  t^  th^  satisfaction  of  the  Court,  that  he,  she,  or  they  signed  said  ob- 
BuSrVs  ligation  as  a  security,  or  securities  only,  it  shall  be  the  duty  of  the 
such,  ~       Justice  to  enter  up  judgment  against  him,  her,  or  them,  as  such,  and 

award  execution  in  the  same  manner,  which  when  satisfied  by  such 
who  shall  security,  or  out  of  their  property,  he,  she,  or  they  shall  have  the  con- 
benefit  of  it  trol  and  benefit  of  said  execution,  for  the  purpose  of  remunerating 
pmidpVi,^  on  him,  her,  or  themselves,  out  of  their  principal  in  the  same  manner  as 
thereof      ^^  ^^^Y  ^^-d  been  security  on  the  stay  of  execution — Provided^  jti%- 

ment  and  execution  shall  be  against  the  principal  also. 


An  Act  to  extend  the  poweis  of  Sheriffs  and  Constables  in  certain  cases. 
Approved  Dec.  19,  1818.     Vol.  IIL   168. 

Sec.  I.  ["Judiciary,"  sec.  87.] 
Constable  32.  Sec.  II.  It  shall  be  lawful  for  any  Constable,  and  he  i's 
iti'neran?  hcrcby  required,  in  all  cases  where  a  bail  or  criminal  process  is  plac- 
tdaTnthe  ^^  ^^  l^i^  hands,  and  the  person  against  whom  the  same  may  be,  is 
County.  moving  about  from  one  district  to  another,  to  serve  the  said  process 
in  any  district  within  the  County  in  which  he  may  be  Constable. 

Sec.  III.     [''County  Officers,"  sec.  28.] 


Act  to  amend  the  Judiciary  Act  of  this  State,  so  far  as  respects  Jus^ 
tices  of  the  Peace. — Approved  Dec.  9,  1819.     Vol.  IIL  386. 

Justices  may  33.  From  and  after  the  passage  of  this  Act,  it  shall  and  may  be 
3'^® j""*"- lawful  for  all  and  every  Justice  of  the  Peace  in  this  State,  on  appli- 
piaintiffsto  catiou  of  aiiv  noii-resideiit  of  the  County  or  State,  for  any  civil  pro- 

uCDOSlt  or  SG-  •'  '  *  J. 

cure  the  cost,  cess,  to  require  said  non-residents  to  deposit  the  cost,  or  give  suffi- 
cient security  for  the  same,  any  law.  usage,  or  custom  to  the  contra- 
ry notwithstanding. 


An  Act  to  regulate  and  establish  an  uniform  practice  in  Justices* 
Cowr^s.—ApprovedDec.  9,  1819.     Vol.  III.    386. 

The  practice      34.  Sec.  I.  Fi'om  and  after  the  first  day  of  January  next,  thepro- 
coum 'shall  ceedings  in  the  Justices'  Courts  shall  be  uniform  throughout   the 

be  uniform.    gtatC. 

First  term. :  35.  Sec.  II.  The  first  term  shall  be  deemed  and  considered  as  the 
appearance  term,  when  the  case  shall  be  docketed  on  what  shall  be 
called  the  appearance  docket,  and  on  the  defendant  failing  to  appear, 


JUSTICES  OF  THE  PEACE.— 1819-'27.  649 

• « ' — — ' • 

llules  vs.  J.  P.  and  Constable — Open  accounts. 

judgment  shall  be  entered  by  default  as  in  the  Superior   Court,   and 

at  the  second  term,  unless  there  is  a  sufficient  showing,   judgment  ^^'^""^^*^*'"*- 

shall  be  entered  up  :   Provided  nevertheless,  the  party  or   parties   shall  Proviso. 

be  entitled  to  an  appeal  agreeably  to  the  Judiciary  law  now  in  force 

in  this  State. 

36.  Sec.  III.     All  Justices  of  the  Peace  shall  have  power,  in   all -^^^y  s'^'®  ^ 

.      ^  ^,  liidgment  for 

cases  of  debt  or  liquidated  demand,  to  give  judgment  lor  any  sum  "$30  exriu- 
not  exceeding  $30,  exclusive  of  interest  and  cost.  terLt. '" 

An  Act  more  effectually  to  compel  Justices  oj  the  Peace  and  Consta- 
bles to  pay  over  moneys  received  or  collected  by  them  in  their  offi- 
cial capacities. — Approved  Dec.  22,  1820.     Vol.  lY.  203. 

37.  Justices  of  the  Peace  shall  be  so  far  considered  officers    ofMaybcrui- 
the  Superior  Court,  as  to  be  subject  to  be  ruled  under  similar  regu-  Inp^court^ 
lations  as  are  customarily  pursued  in  relation  to  any  other  officer  of  coUectei 
said  Court,  when  they  shall  refuse  or  neglect  to  pay  over  any  mon- 
eys which  they  may  have  received  or  collected  in  their  official   ca- 
pacity.*^ 

38.  Sec.  II.     Constables  shall  be  subject  to  be  ruled  by  their  re-  cp„„_^tj,p^ 
spective  Justices'  Courts,  and  compelled  to  ffive  an  account  of  their  may  be  mPd 

.  y  r  o  ^    jjjg  Jus- 

actings  and  doings,  or  pay  over  moneys  which   they  may  have  re-  tke. 
ceived  or  collected  in  their  official  capacity,  under  the  same  regula- 
tions as  are  pursued  in  the  Superior  Court,  in  relation   to  officers  of 
said  Court. 

An  Act  to  provide  a  more  easy  and  convenient  mode  of  proving  open 
accounts,  so  as  to  make  tJiem  evidence  in  Justices^  Courts. — Ap- 
proved 26th  Dec.  1827.     Vol.  IV.  221. 

39.  Whereas,  the  practice  now  pursued  by  the  different  Justices' 
Courts  in  this  State,  of  requiring  open  accounts  to  be  proven  in  open  Preamtte. 
Court  in  order  to  make  them  evidence,  is  found  in  many  instances  to 

be  highly  inconvenient ;  for  remedy  whereof. 

Be  it  enacted,  That  from  and  immediately  after  the  passage    of 
this  Act,  in  any  suit  which  may  be  instituted   in  a  Justice's    Court  '^p*'"  '^r* 

^  -^  •'  counts  III 

within  this  State,  upon  an  open  account  against  any  party  who  may  Jn-^tice'.* 
have  removed  without  the  jurisdictional  hmits  of   the   County    in  the  county 
which  such  account  was  contracted,  or  who  may  reside  without  the  "JJlTbj'^alffi^ 
County  in  which  the  account  was  contracted,  the  said  account  may  *^'^^"' 
be  proven  by  a  written  affidavit  before  any  officer  authorized  to  ad- 
minister an  oath  ;  and  when  so  proven,  shall  be  received  in  evidence 
upon  the  trial  of  said  suit,  as  though  the  same  had  been  proven  in  open 
Court ;  Provided  however,  that  if  the  defendant  will  make  an  affida- 

Proviso. 

♦Amended.     See  Act  qf  1839,  sec.  43.     20  per  cent,  damages  for  refusal  to  pay  oyer, 
<'  Judiciary,"  Art  XVII-  "  Officers  of  Court,"  sees.  380,  384. 

(1 .)  May  be  ruled  for  money  paid  on  notes  in  liis  hands  before  judgment.  5  Ga.  Rep, 
384. 

82 


650  JUSTICES  OF  THE  PEACE.— 1829-'39. 

Constables'  receipt — Certiorari. 

vit  ill  writing,  denying  the  justice  and  fairness  of  the  whole  or  any 
part  of  the  said  account,  the  said  Court  shall  not  give  judgment  for 

so  much  thereof  as  may  bs  so  traversed  or  controverted,  unless  sup- 
ported by  other  proof. 
Mp'.^^vmg        g^^^  jT_     Ah  laws  and  parts  of  laws  militatina;  a^^ainst    this  Act, 

clause.  J-  o       o  j 

are  hereby  repealed. 

An  Act  to  make  Constables  elective  by  the  j}cople,  and  the  mode  of 
taking  their  bonds,  and  to  point  out  their  duty  in  certain  cases. — 
Approved  December  22,  1829.     Yol.  IV.  407. 

Secs.  I.  II.  and  III.      [See  County  Officers,  sec.  55.] 
Must  receipt      40,  Seg.  lY.   Wheucver  uotes  for  collectLOU  shall  be  placed  iu  the 

lor  nous  and  r 

account  fc.r  hauds  of  tlic  Constablc,  it  shall  be  his  duty  to  grant  receipts  for  the 
leaed.  same,  and  pay  over  the  amount  when  collected  to  the  plaintiif,  or  his, 
her,  or  their  agent  or  attorney,  unless  there  should  be  conflicting 
claims,  it  shall  then  be  the  duty  of  the  Constable  to  report  the  same 
to  the  next  Justice's  Court  of  said  district,  subject  to  the  order  of  said 
Court. 

Sec.  Y.     All  laws  and  parts  of  laws  militating  against  this  Act  are 
hereby  repealed. 

An  Act  for  the  recovery  of  costs  in  Justices^  Courts  in  certain  cases. 
Approved  Dec.  26,  1831.     Pam.  140. 

41.   Sec.  I.     From  and  after  the  passage  of  this  Act,  in  all    cases 
carried  up  by  writ  of  certiorari^  from  a  Justice's  Court,  to  the  Supe- 
rior Court,  and  the  said  certiorari  shall  be  sustained  by  the  said  Court, 
and  the  proceedings  in  the  Court  below  set  aside,  without,  further 
order ;  and  in  all  cases  carried  up  in  like  manner  from  a  Justice's 
Certiorari—  Court  to  the  Superior  Court  as  aforesaid,  and  the   writ  of  certiorari 
onibie  if  cor- shall  be  sustaiucd,  and  anew  trial  ordered,  the  plaintiff  in  certiorari, 
tSSS.'*^"^  pi'ovided  he  finally  succeeds  in  his  cause,  shall  recover  of  the  defend- 
ant all  cost  that  he  or  she  may  have  been  compelled  to  pay  and  lay 
out  before  a  certiorari  could  be  granted. 
Execution  to      42.   Sec.  II.     It  shall  be  the  duty  of  the  Justices  of  the  Peace  in 
c^sS  ^'^      all  such  cases,  as  are  mentioned  in  the  foregoing  section,  to  issue  ex- 
ecution in  the  name  of  the  prevailing  part)^,  for  all  costs  that  may 
have  accrued  in  the  said  case. 

Sec  III.     All  laws  and  parts  of  laws  militating  against  this  Act,  are 
hereby  repealed. 

An  Act  to  amend  an  Act  more  effectiially  to  compel  JitsHces  of  the  Peace 
and  Constables  to  pay  over  moneys  received  or  collected  by  them,  in 
their  official  capacity,  passed  22d  Dec.  1820. — Assented  to  21st 
Decernber,  1839.     Pam.  140. 

43.   Sec.  I.     Be  it  enacted,  That  the  Justices  of  the   Peace  shall 

*  As  to  mode  of  carrying  up  a  case  by  certiorari,  see  "Judiciary,"  Art.  V.  "  Certiorari, 
&c."  sec.  238. 


JUSTICES  OF  THE  PEACE.— 1840-'41.  051 

Kulcs  vs.  Co-obligors,  hov/  served — Service  9  days  before  Court — Principal  &  Indorscr. 

be  so  far  considered  officers  of  the  Superior  Court  as  to  be  subject  to  •'•,^-,"'=^>'?^' 
be  ruled  under  similar  regulations  as  are  customarily  pursued  in  rela-  ^r  officeiv, 
tion  to  any  other  oilicer  of  said  Court,  when  they  shall  refuse  or 
neglect  to  pay  over  any  moneys  which  they  may  have  received  or 
collected,  in  their  official  capacity  ;  Frovidcd,  that  in  case  the   rule 
cannot  be  served  upon  the  Justice  or  Justices  during  the  term  of  the 
Superior  Court  at  which  the  rule  is  granted,  that  it  may  be  lawful  to  andsorved 
serve  the  same  during  the  vacation,  and  be  held  and  considered  re- 
turnable to  the  next  term  of  said  Court,  any  lav/  to  the  contrary  not- 
withstanding. 


An  Act  to  authorize  Constahles  of  this  State  to  serve  j^rocesses,  and 
to  perform,  other  acts  j^ertahiing  to  their  office,  in  any  district,  in  cer- 
tain  cases  therein  specijied. — Assented  to  22d  December,  1840. 
Pam.  54. 

44.   Sec.  I.     Be  it  enacted^  That  from  and  after  the  first  day  of  in  ens;  of 
January  next,  in  all  cases  vvdiere  suit  or  suits  are  commenced  in  any  Snstaw" 
of  tiie  Justices'  Courts  of  this  State,  against*  any  joint   obligors    or!",oL7nsid- 
promisors,  it  shall  be  lawful  for  the  Constable  of  the  district  in  Vv^hich  ["- ^;V\^.'\ 

■I  '  the  dietnet 

such  suit  or  suits  are  commenced,  to  serve  all  processes  on  all  of  the 
parties,  and  do  ah  other  legal  acts  which  may  be  required  of  them, 
in  the  progress  of  such  suit  or  suits  in  any  district  or  districts  in  the 
County  in  which  such  suit  or  suits  ma^r  be  commenced. 

Sec.  II.     And  be  it  further  enacted,    That  all  laws   and   parts  of 
laws  to  the  contrary  be,  and  the  same  are  hereby  repealed. 


An  Act  to  authorize  Constahles  to  serve  summons  nine  days  before 
the  sitting  of  the  Court  to  ivhich  tli.eij  are  made  returnable. — As- 
sented to  Nov.  24,  1841.     Pam.  144. 

45.  Sec.  I.      Be  it  enacted,   That  from   and    after  the  passasre   of  ^"'"7'''"-"' 

^  1  o  may  lie  sorv- 

this  Act,  it  shall  be  lawful  tor  the  Constables  in  this  State  to  serve  "'" '}»y^ ^'<^- 
all  summons  to  them  directed,  nine  days  before  the  sitting  of  the 
Court  to  which  they  are  made  returnable  :  Provided,  the  same  shall 
have  been  issued  and  bear  date  ten  days  previous  to  the  sitting  of  the 
Court  to  which  they  are  made  returnable  ;  any  law,  usage  or  custom 
to  the  contrary  notwithstanding. 

An  Act    to  require  all  endorsers    \^endorsees^^  to  sue  the  principal  in 
his,  her  or  their  district. — Assented  to  Dec.  10,  1841.     Pam.  139. 

46.  Sec.  I.     Be  it  enacted,  That  from  and  after  the  passage  of  fir'tsHlvlor 
this  Act,  that  in.  all  cases  where  any  person  or  persons    shall  endorse  g.'^^/jj.'il'ij"'^'^ 
a  note  or  notes,  it  shall  not  be  lawful  for  the  endorsee  to  sue  the  endor-  maker, 
ser,  where  the  principal  and  endorser  live  in  the  same  County,  with- 
out first  sueing  the  principal  in  his,  her  or  their   district :  Provided 
always^  that  nothing  in  this  Act  shall  prevent   the  endorser  being 


652 


JUSTICES  OF  THE  PEACE.— 1842. 


Land  and  neoroes — Constable's  sale. 


sued  in  the  same  action  and  the  same  district  with    the    maker ;  and 
provided,  that  this  Act  shall  only  apply  to  Justices'  Courts. 

An  Act  to  autho?'ize  defendants  in  Execution  to  point  out  any  prop- 
erty belonging:  to  them  in  their  possession. — Assented  to  Dec.  27, 
1842.     Pam.'So. 


defendant 
uriay  point 
ou:  land  or 
negroes. 


47.  Sec.  I.  Be  it  enacted,  That  from  and  after  the  passage  of 
this  Act,  the  defendants  in  executions  arising  injustices'  Courts,  shall 
have  the  right  to  point  out  to  the  lev^ying  officer,  either  land  or  ne- 
groes, in  the  possession  of  the  defendant :  Provided,  however,  noth- 
ing shall  so  be  construed  in  this  Act,  to  restrain  the  officer  from  levy- 
ing such  execution  on  a  sufficient  amount  of  property  to  satisfy  th-e 
same. 

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


Advfiftise- 
r«eHt  of 
Constables' 
sales. 


\ 


An  Act  to  alter,  repeal  and  amend  so  much  of  the  21.s^  section  of  an 
Act  e7ititJed,  an  Act  to  alter  and  amend  the  several  Judiciary  Acts 
noio  in  force  in  this  State,  so  far  as  relates  to  Justices^  Courts,  approv- 
ed December  lAfh,  1811,  wJdcfi  requires  Constables  to  advertise  all 
intended  sttles,  nt  one  or  more  of  the  most  public  places  in  tlie  County, 
Assented  to  Dec.  27,  1842.  Pam.  55. 

48.  Sec.  I.  Be  it  enacted,  That  from  and  after  the  passage  of 
this  Act,  so  much  of  the  above  recited  Act  as  requires  Constables  to 
advertise  all  intended  sales  at  one  or  more  of  the  most  public  places 
in  the  County,  be  and  the  same  is  hereby  repealed :  and  in  lien 
thereof,  that  hei-eafter  it  shall  be  the  duty  of  the  Constables  of  this 
State,  to  advertise  all  intended  sales,  by  them  to  be  made,  at  three 
or  more  of  the  most  public  places  in  their  proper  districts.* 

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

An  Act  to  declare  and  maJce  certain  tlie  Laio  of  tltis  State  in  relation 
to  the  jurisdiction  oj  Justicas^  Coia^ts,  in  certain  cases. — Assented 
to  Dec.  26,  1842.     Pam.   113. 


Whei^eas,  it  has  been  of  late,  held  and  considered  in  some  parts  of 
this  State,  that  the  Act  of  1811,  relating  to  Justices' Courts,  and' 
authorizing  Justices  of  the  Peace  in  certain  cases,  to  give  judgment 
in  several  cases  on  the  same  day  between  the  same  parties,  and  in 
favor  of  the  same  plaintiff;  and  when  the  aggregate  amount  of  such 
judgments  exceeds  the  sum  of  thirty  dollars,  &c.;  is  contrary  to 
the  Constitution  of  the  State  as  it  then  existed,  and  is  therefore  of  no 
authority  ;  and  whereas,  it  is  right  and  proper,  that  the  law  in  this 
particular  should  be  made  certain  according  to  its  long  construction 
and  understanding, 

*For  Acts  authorizing  Constables  in  certain  cases  to  levy  on  property  of  Sheriff,  see 
"Judiciary,"  sec.  205. 


•^ 


JUSTICES  OF  THE  PEACE— 1842. 6ii3 

Suit  on  several  notes — Set-off. 

49.   Sec.  I.     Be  it  therefore  enacted^   That  in  all  cases  when  any  several 
bond,  note,  account  or  other   agreement,  (gaming  debts  excepted, )  umfer "$30 
which  in  its  original  exceeded  the  sum  of  thirty  dollars,  but  has  beenSj^gamo 
reduced  by  bond  or  bonds,  note   or  notes,  although    of  equal    dates,  ^"""^"^^ 
and  payable  at  the  same  time,  to  a  sum  or  sums,   under  or  of  thirty 
dollars  each,  that  then,  and  in  every  such  case,  it  shall  and  may  be  law- 
ful for  any  person  or  persons,  who  has  or  have  in  his,  her  or  their 
hands,  any  such  note  or  notes,  bond  or  bonds,  or  accounts  as  afore- 
said, to  bring  suit  thereon  in  the  Justices'  Court,  as  in   other  cases  ; 
and  in  such  case  the  Justice  or  Justices   are    hereby  authorized    to 
give  judgment  as  in  other  cases,  any  opinion,  usage,  or  construction 
to  the  contrary  notwithstanding. 


An  Act  to  regulate  Justices^   Courts  in  cases  of  set-off's. — Assented 
to  Dec.  27,  1842.     Pam.  160. 


i 


50.  Sec.  I.   Be  it  enacted,  That  from  and  after  the  passage  of  this  setoff  ai-  i 
Act,  in  all  cases  in  the  Justices'    Courts    of  this    State,  where    the 

demand  or  claims  of  the  defendant  is  greater  in  amount,  and  exceed 

the  plaintiff 's  demand,  it  shall  be  the  duty  of  the  Justices   to  allow 

a  set-oif,  as  is  now  by   law   allowed  and  pointed  out,  and  gi\^e  judg-f"rSnd- 

ment  against  the  plaintiff,  in  favor  of  the  defendant:  Provided,  ^^^^  over  Lm 

the  balance  in  favor  of  said  defendant,  does  not  exceed  the   sum    of 

thirty  dollars,  including  both  principal  and  interest. 

51.  Sec.  II.     In  all  cases  where  the  defendant's  demands  or  claim  if  over  $39 
exceeds  the  sum  of  thirty    dollars    in  balance,    then  it  shall  be    the"*'** 
duty  of  the  Justices  to  enter  a  credit  in  favor  of  the  plaintiff,  for  the 
amount  of  his  debt  on  the  defendant's  claim. 

52.  Sec.    III.    When  the  claim  of  the  defendant  is  an   open  ac-<^p^nac- 

1        T         •  11  1  1  •      count- 

count,  the  Justices  may  allow  such  open  account    to    be   proven  m 

Court :  Provided,  that  neither  of  the  parties  shall  be  allowed  to  prove  Proviao. 

their  accounts,  by  their  own  oath,  in  any  sum  over  thirty  dollars. 

Sec  IY.     All  laws  and  parts  of  laws  militating  against  this  Act, 

be  and  the  same  are  hereby  repealed. 


[Statutes  omitted  as  obsolete,  repealed  or  superseded.  Provin- 
cial Act  of  1760,  Watk.  63;  Act  of  1789,  Watk.  413;  of  1797, 
Vol.  I.  287;  of  1801,  Yol.  II.  17;  1842,  (four  months  sessions.) 
Pam.  68;  1843,  Pam.  119.] 


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