tff C^J^Cc^ ^/fyie^i^ ' SofJ-t-t" Of & * ' tyz<& i£tl\X fifths {ryH l^\ X^vvt7 ^p\S$C&& V~it>/Aff 3 ^4-ZVV jt&fcc tfi' C'lrtff £ Jfc. „fvT?A- P fff f ^ -qf^eXAPf^ , ♦ Accession Now MEMORY COLLEGE LIBRARY,P+ O^^OK,ID, GEORGIA. -REGULATIONS. 1. Two books may be taken at a time by any student or member of the Faculty, or any other person in the village paying Library fees, and no volume shall be re- tained more than two weeks without a renewal, and no second renewal will be allowed without special permission of the Faculty. 2. A fine of ten cents per week will be assessed for each book detained over time, payable on its return. 3. Any person taking books from the Library will be held responsible lor their loss or injury. No pen or pencil marks shall be made in the books, and no books shall be lent out of the household of the person responsible for the same. 4. No general reference work shall at anytime be taken from the Library Duilding. 5. Any person willfully violating an" of the foregoing rules shall thereby forfeit all right to the use of the Library. 0 3 OF TIIE OF THE STATE OF QEORGIA, PASSED BY THE LEGISLATURE SINCE THE POLITICAL YEAH 1800, TO T11E YEAH 1810, INCLUSIVE. ^CONTAINING."... -» fc All the laws, whether in force or not, passed within those periods, arranged in a chronological order, with comprehensive references to those laws or parts of laws, that are amended, suspended or repealed. TOGETHER With an appendix, comprising such concurred and approved resolutions, as are of u general operative nature, and as relate to the duty of otlicers, the relief of individuals, and the settlement of boundary between counties, and this State with North Carolina. Concluding xvith a copious Index to the whole. PRINTED BY ADAMS & DUYCKINCK. ....1812.... TQ HIS EXCELIJENCT DAVID B. MITCHELL, GOVERNOR AND COMMANDER IN CHIEF OF THE A1UIF AND NAVE OF THIS STATE, AND OF THE MILITIA THEREOF: 1 HAVE the honor, respectfully to submit and report to your Excellency a compilation &f the Laws and Resolutions of this State, in pursuance of the act requiring the same. In tendering for your examination this work, I have only to remark, that notwilhstand- ing the wide and unrestrained discretion which you arc very properly invested by the law, thereby constituting for my labors, a somewhat dubious fate. Fet, in taking leave of them, I beg leave to express to you the assurance of my entire confidence in your official decision—And, that -whatever may be the result, I shall be cheerfully reconciled, under the fullest persuasion, that you*- legal and professional observation, in which is placed my chief expectation, will have justly estimated every part of their worth. Receive my highest consideration. AUGUSTUS* S. ClAYTOX. January 1ST, 1811. - EXECUTIVE DEPARTMENT, GEORGIA, MILLEDGEVILLE, 25lli February, 1811. HEREAS, by an act passed thei 12th day of December, 1802, entitled " an act to compile and-arrange the laws and resolutions of this Stale,1 passed since the political year 1800,'" it is enacted and declared, " That during the year eighteen hundred and ten, the laws of this State, passed since the political year eighteen hundred, and con- eurred and approved resolutions, (except such as relates to elections by the General Assembly) and every tenth year thereafter, shall be compiled, arranged and printed." And by the same act it is further enacted and declared, " That the Legislature shall by joint ballot of both branches, appoint some fit and proper person to compile and arrange the laws of this State, in pursuance of this act, and report the same to his Excellency the Governor, who shall approve or disapprove of the same." And "whereas Augustih Smith Clayton, Esquire, was by joint ballot of both branches ©f the Legislature, in conformity with the before in part recited act, to wit, on the 12tli day of December, 1809, duly elected to compile and arrange the laws of this Slate, in pursuance of the said act. And WHEREAS the Said. Auguslin Smith Clayton, Esquire, hath presented to ^1C a compilation of the laws and resolutions of this State, made in conformity to the said act j which compilation was by executive order of the 3d day of January last, submitted to the inspection and examination of Horatio Marhury, Edmund B. Jenkins, Hines Holt and Anthony Porter, Esquires, who have reported thereon, as follows, to wit-.—. " Pursuant to your Excellency's order of the 3d ultimo, the undersigned haye care- " fully examined a compilation of the laws of this State, passed since the political year " 1800, up to the year 1809,* inclusive; together with such concurred and approved " resolutions, as were deemed necessary by the compiler; and now present tliem to your " Excellency as true copies from the originals in the office of the Secretary of State. " They have also examined the notes of reference made by the compiler, and found " them to be appropriate. " They have not found that chronological arramoment of the laws which is most " desirable in a compilation of this Kind; but have found them (which in their judg- " ment is entirely essential) arranged under the particular year in which they were passed. " The marginal notes with an index to the whole, they have thought proper to leave " with the compiler, whose talents and judgment they deem amply sufficient to ensure " their correctness." NOW KNOW YE, Legislators, Judges, Citizens and People of Georgia, that J, David.Brydie Mitchell, Governor thereof, in conformity with, and in obedience to the aforementioned act, do by these presents approve of the aforesaid compilation of the laws of this State. D: B: MITCHELL. * The laws of 1810, by a subsequent resolution of the Legislature are compiled by Adams and Duyckinck and form a part of the present volume. PREFACE. THE laws contained in this volume, are arranged in the order of time in which they pass- ed; every act is numbered from one to the con- elusion* and under each act that has been amend- ed, suspended or repealed, a reference is made to the law so amending, suspending or repealing, by the number of it, and the year in which it pass- ed....The notes refer by numbers, and the index by pages At the top of the book, is expressed the year in which the laws of each session passed, in order to facilitate a readier notice. LAWS OP GEORGIA, I'ASSEO IN TIIE YEAR 1S01. 1 AN ACT (No, "To incorporate ihe Savannah Library Society, "T?7" V V HEREAS, a number of persons in the City of Savannah* ami the cm irons there- Preamble, of, with a view of diffusing knowledge more generally among the inhabitants of the county of Chatham* have subscribed a very large sum of money to purchase a Public Library. Sec. 1. LE it therefore enacted by the Senate and House of Representatives of the trustees in State of Georgia in General Assembly met, and by the authority of ihe same, That the C01 Por:ite(- Trustees of the said Society, and their suece-.sors in office, shall and they are hereby declared to be a body corporate by the name and style of the Savannah Library Society. Sec. 2. And be it farther enacted by ihe authority aforesaid, That the said Trustees, siudi be in- —. y _ vested with and their successors in office, sbull be invested with all manner of property, both real properly, sue and personal, all gifts, grants, lien privUeges_ and immunities whatsoever, ** be sued, c.l, which may belong to the said Savannah Library' Society, at the time of-passing of this act, or which may hereafter be made, convened or transferred to thera or their successors in office, to have and to hold the same for the proper use and benefit of the said Society.— Axd also, that the said Trustees, and their successors in office, shah be, and they are -hereby declared to be capable of suing and being* sued, imp1 ending and being impleaded, and of using all necessary and legal steps for recovering or defending any property what- ever, which the said Society may claim or demand, and also for receiving the rents, issues, fines and profits of the same, or any part or parcel thereof. Sec, 3. And be it f uriler enacted by the authority aforesaid, That the Trustees of the said Savannah Library Society shall hold their office for the term of ope year; that on the first Saturday in October, in every year, after one thousand eight hundred and one, Sh.yi Imbi the members of the said Society, or a majority thereof shall convene at the place that may onjy one year, be appointed by the Trustees, or their successors in office, in Savannah, and there, he- p'' twecn the hours of (on and two o'clock, elect from among ihe members of the said Society, members- of t x , ' .. tlle society, seven discreet and proper por&onK. as Trustees of the same, who shall hold their office tor aniuudlv the term of one year, as aforesaid, with -the same powers, and for the same purpose lis above declared, I)AVID MERIVfETTIER, Speaker of the House of Representatives, WILLIAM BARNETT,. President of the Senate. Assented to, NovemL u* 29, 1801. JO SI AH TATTNALL, jun. Govekwok. AN ACT To incorporate the Baptist Church at VowdVs Creek in ihe county of Hancock. (No. 2 ) IIEREAS, a Religious Society has for many years past been established at Tow ell's ri,crrrpL]c Creek; in the comity of Hancock; called and known by the name of the Baptist Church A LAWS OF GEORGIA, (No. S.) Trustee? flamed & ap- pointed Shall he in- vested with property, sue & be sued, &c. Manner of ap- pointing- trus- tees—shall hold their of- fice three years. Members of the church to fill vacancies ©f Trustees. Manner of do- jn£- it. at Powell's Creek: And whereas it is necessary for the promotion of religion and virtue, that churches or religious societies be made capable of holding, enjoying and defending any property which they may acquire by purchase, donation or otherwise: sec. 1. JBE it therefore enacted by the Senate and House of Representatives in General Assembly met, That Matthew Rabun, Henry Grajbille, John Yeazey, William Lord, and Jesse Battle, and their successors in office, shall be, and they are hereby declared to be a body corporate, by tbe name and style of the Trustees of the Baptist Church at Powell's Creek. Sec. 2. And be it f urther enacted by the authority aforesaid, That the said Matthew Rabun, Henry Grayhille, John Yeazey, William Lord, and Jesse Battle, Trustees as aforesaid, and their successors in office, shall be invested with all manner of property both real and personal, which they may acquire or he possessed of by gift, grant, pur- chase or otherwise, and all privileges and immunities whicii may belong to the said Church at the time of passing of this act, or which *»a:r n«x-cafter be made, conveyed, or trans- ferred to tliem or their successors in office, to have and to hold the same to the proper use, benefit and behoof of said Church:—And also, that the said Trustees in office, shall, and they are hereby declared to be capable of suing and being sued, impleading and being impleaded, and of using all legal and necessary steps for recovering or defending any pro- perty whatever, which the said Church may hold, claim or demand, and also for recover- ing the rents, issues and profits of the same, or any part or parcel thereof. Sec. 5. And be it further enacted by the authority aforesaid, That the Trustees of the said Baptist Church shall hold their office for, and during the term of three years 5 and on the Saturday before the first Sunday in every third year after the passing of this act, the members of said church or a majority of them, shall convene at the Meeting- House of said Church, and there, between the hours of ten and four o'clock, proceed by ballot to elect, froin among their own body, five fit and discreet persons as Trustees, who shall hold their office for three years as aforesaid, with the same powers, and for the same purposes as above mentioned. Sec. L And be it further enacted, That the members of the said Church (or amajo- rity of them) shall, and may have power to mi any vacancy which may happen in the Trustees, by death, resignation, or otherwise; and when any vacancy may happen by death, resignation or otherwise of any of the Trustees, the Church shall be notified thereof, by those Trustees who still remain in office} and on the Saturday of their next monthly meeting, the members of said Church (or a majority of them) may proceed by ballot to fill such vacancy or vacancies; and the person or persons so elected, to hold, their office during the term for which their predecessor had been appointed. DAYID MERIWETHER, Speaker of the House of Representatives. WILLIAM BARNETT, President of the Senate. Assented to, November 20, 1801. JOSIAII TATTNALL, juiu Governor. PASSED IN THE TEAK 1801. AN ACT " (No- 3-> To regulate the General Elections in this State, so far as to impose a fine on persons toting out of the County ivhcrein they reside. w» Preamble HERE AS, there have been frequent impositions practised by persons voting elections out of the county where they reside, contrary to the Constitution, and the express meaning of an act of the General Assembly of this state, to regulate the general elections thereof: Sec. i. BE it ther fore enacted by the Senate and House of Representatives in General Assembly met, and it is hereby enacted by the authority of the same, That from and after peraonsfor ^ the passing of this act, if any person or persons who may or shall vote in any other their county eounty out of the.™,** in which he or they shall reside, except for Members to Congress, ^ec^er5 of shall forfeit and pay the sum of thirty dollars for every such offence. Congress 2. Jlnd be it further enacted, 1 nat if-wny iwivsum_oiL persons shall he charged jurisdiction with the offence contained in this act, it shall he the duty of any justice of the peace of &iven to Ju^ the county wherein such offender resides, to whom information shall be made for that Peace to try offenders a- gainst thi* act. trying thera To be confin* ed in the Pil» purpose, to issue his warrant, directed to some constable in said county, commanding him to bring such person or persons before him or some other justice of the peace of said county 5 and upon proof being made that such person or persons hath or have voted out of the county wherein he or they shall reside, to enter up judgment against each and every Manner of person so offending, for the sum of thirty dollars : and the said justice or justices shall be, and they are hereby required to issue his or their execution against the estate of such offender, both real and personal, as is usual upon judgments obtained in other cases in the justice's courts : And if such offender shall have no property, whereupon to levy such ex- eeution, that then and in every such ease, such justice or justices, shall order the offender ^ea!jle or offenders to he confined in the pillory or stocks of the county, wherein such person shall penalty, be tried, for the space of two hours ; and upon payment of costs, such person or persons shall be discharged. 3. JLnd be it further enacted, That one half of the money or monies so recovered, One half of shall be paid into the clerk's office of the inferior court of the county in which such offender shall have been committed, for the use of the eounty, and the other half to the informer, county and DAVID MERIWETHER, Speaker of the House of Representatives* the °n!irvr, WILLIAM BARNETT, President of the Senate. Assented to, November 25, 1801. JO SI AH TATTNALL, jun. Goverxok, 4 LAWS OF GEORGIA, (No. 4.) AN ACT To aller the boundaries of the Second and Third Divisions of the Al'dilia of this Stale9 and of the First and Second Brigades of the Third Division> and to lay off another Brigade in the Third Division.# The county of L nty of • • |] y e it enacted bu the Senate and ITouse of Tivsrcscntatives of the State of "Wan-en red- . . dedto ti.e i.?t Georgia, i.i General Assembly met, and by the authority of the same, That from and after sd^fividen^*6 passing of tliis act, tlie county of Warren shall be, and hereby is added to, and made a i^D-i^Hi-of Pait ^1C brigade of the second division ; that the county of Elbert be added to, tiK'3J uivi'-:°„ and made a part of the first brigade of the third division; and that the county of Greene 2d e.L; ~ ic of ^e added to, and made a part of the second br* ade of the third division. Co vm i ie'ffcom- Sec. 2. And be it further enacted, That o . counties of Franklin ami Jackson, shall posing- the compose a brigade to he known as the third Lih.ade of the third division of the militia of tJuid Erig-de ,. of the third tms State. division. g1,c^ Jiml be it further enacted by the authority aforesaid, Tli at where the mini- ritld officers ber of officers of militia in any county will admit of one or more regiments, allowing disSTcTs^rs foiir companies to a battalion, and two battalions to a regiment, it shall be the duty of to lay off new the field officers of such county, and they are hereby required to define, alter, and arrange regiments &c. the company and battalion districts so as to make the same compact and convenient; to exercise and form tliera into a regiment or regiments, according to their numbers, which arrangement shall he transmitted by the field officers aforesaid, to the commanding officer of the brigade to w hich the county belongs, and if approved of by him, the same shall be valid, any usage or law to the contrary notwithstanding. Provided nevertheless, That the arrangement so made, shall not extend to deprive any officer of his commission, rank or command.f DAYIB MERIWETHER, Speaker of the Mouse of Representatives»- WILLIAM BARNETT, President of the Senate. Assented to, November 25, 1801. JOSXAII TATTNALL, jun. Governor. No. 5.) AN ACT To authorize the Justices of the Inferior Court of the county of Bryan, to appropriate the Tax leviedf or the use of said county, tothe payment of the county Officers, or so much thereof as shall be sufficient for that purpose. Sec. i. e it enacted by the Senate and Mouse of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, That the justices of p ', TnPri>r the inferior court in the county of Bryan, be, and they arc hereby authorized to appro- H '"d to r°" prh.lc the tax levied in the said county annualb", for county purposes, or any part thereof, 'r"pfaftnd'»e t*lc^ ora maJ'irity Ihem may think proper, and also, any other public monies that * S e '.ct of lfljf, V0 275, ing out nut clefini the several Brigades-and Divuione in tluy Stidc. f Altered and amuidtcLliy 2d Sec.'of the Act of 1807, No. 012. MASSED IN tiie YFAE ISOI. 5 may be paid into tbe bands of tlie clerk of the inferior court of paid county? by lines or (No. N) otherwise, to tbe payment of their county officers; any law to the contrary notpith- standing.*. DAVID MERIWETHER, Speaker of the House of Representatives. JOHN JONES, President of the Senate, pro. tem. Assented to? November 30, 1301. JO SI AH TATTNALL, juu. Governor, AN ACT 6'") To vest the Government and Regulation oj ike Gaol of the County of Chatham, in the Alayor and Aldermen cf the City of Savannah, and appointing them sole Commissioners of the Court IlouK,euind Gaol cf the said Comity. y^IIERjiiAS? the gaol of the county or ci,a^|jam-has been built and erected on lots belonging to, and within the jurisdiction and chartered limits of the city of Savannah, PreamLIe. and out of the funds of the said city; And whereas, it will he expedient and proper to place the entire management, care, inspection and direction of the same, together with the eourt-house of the said county, which also stands within the same jurisdiction and limits, in the mayor and aldermen of tlie said city of Savannah, for the time being. Sec. 1. BE it Uierfnre enacted by the Senate and House of Representatives of the State of Georgia, in General assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passing of this act, the mayor and aldermen Mr ,or d of the city of Savannah, for the time being, shall be solely and exclusively commissioners Aldm-men of of the eourt-house and gaol of the said county of Chatham, and are hereby vested with pointed Com- the sole management, care, inspection and direction of the same, with full power and authority to appoint a gaoler and such other oSeers as may he necessary; and also to hcu1sefi11^ t pass such ordinances and resolutions for the government and direction of the said gaoler hum county, and other officers, and all persons confined in the said gaol, as they shall from time to time deem necessary and proper ; provided the same be not repugnant to any law or the to manage the constitution of the State. And the said gaoler and other officers appointed as aforesaid, shall fiame' give bond with two or more approved securities, to the said mayor and aldermen for the time being, for the faithful performance of the duties required of them respectively. Sec. 2. And be it further enacted by the authority aforesaid, That the said gaoler or other officers appointed to take charge of the said gaol, or of any part thereof, or of any keeper of class of persons confined therein, shall be answerable for all escapes from the said gaol, «weNbie tor in the same manner as by the laws of this State, the sheriff would have been heretofore, escapc5' answerable* DAVID MERIWETHER, Speaker of the House of Representatives. JOHN JONES, President of the Senate, pro. tempor. Assented to, November 30, 1801* JOSIAII TATTN VLL, jun. Governor. See Act U' ibOo, tSu. ffi-b itt fuu ct tlm JUvr. 6 LAWS OF GEORGIA, (No. r.) AN ACT To grant further privileges to the Baptist Church on the KioTcas, in the county of Column Via. Sec* i' "Re it enacted by the Senate and House of Representatives of the State of Vacancies Georgia, i/t General Assembly met, cmtl by the authority of the same, That the Baptist led and bjfi Church oil the Kiokas, in the county of Columbia, shall be, and is hereby authorized and whom. empowered to fill any vacancy or vacancies, which shall or may happen, or be in the trust of the aforesaid Church, on a notice or call thereof by the remaining Trustees, or a major- ity of them, being previously given to such Church, at least tliirty days before such vacan- cy or vacancies shall be filled. Sec. 2. Be it further enacted, That the Corporation of the afore«a.hl Church, shall n6t be dissolved or forfeited for or by reason of the said Church's not electing their Trus- tees, on such day or days as have heretofore been out by law for that purpose and the said Chureli shall be, and they are hereby authorized and empowered to elect their Trustees from time to time, as they or a majority of them shall or may deem proper, any Trustees. law to the contrary notwithstanding*. DAVID MERIWETHER, Speaker of the House of Representatives, WILLIAM BARNETT, President of the Senate. Assented to November 25, 1801. JOSIAII TATTNALL, jun. Governor. Corporation of said church not to be dis- solved by rea- son of failure to appoint (No. 8.) AN ACT To amend and consolidate the several Estray Laws of this State. %vh(Mnay EC" 4* JOE it enacted by the Senate and House of Representatives of the State of take up es- Georgia, in General Assembly met, That it shall and may he lawful for any person upon his } own freehold, or other person having charge of such freehold in the absence of the owner thereof, and not elsewhere to take up all estr».rs* whether horse, mare, colt, filly, ass, mule, trays! eS Beat cat^e> sheep, goat or hog, that may he found straying away from their owners $ and every person taking up Estrays as above, shall within ten days, in case such Estrayshave To toll them ^een ^r0^e service, take or drive it or them before a Justice of the Peace in the county, before a Jus- whose duty it shall be, and fie is hereby required to take down in writing a particular de- peace!* & scription of the marks, natural and artificial, brands, statue, age and colour of such Estray Description or E strays, and immediately to issue his warrant to two or more freeholders of the vicin- and apprais- age commanding them, having been first duly sworn thereto, well and truly to appraise or Appraisment' ascertain the value of such Estray, which appraisement or valuation and description as of the t ker^ a^ove? together with the name of the taker up and the place of his abode, the said Justice up, tr^e her shall within ten days thereafter, transmit to the Clerk of the Inferior Court of said county, with the dc- . ,11 scrip : ion-to taking special carc that tne person or persons taking up such Estray, do solemnly swear tC 'h-kof0 or affirm, that he or they have not altered or caused to he altered the marks or brands of i , t i r SUch Estray, and to the best of his or their knowledge and belief, such marks or brands have. PASSED IN THE YEAR 180V. or have not, (as the ease may he") in any wise been altered, and that the owner to him or (No. 8.) , Oath to be them IS unknown. administered Sec. 2. And be it further enacted, That in case any person shall take up any such to the taker estrayed neat cattle, sheep, goats or hogs, he shall cauSe the same to he viewed by a free- T],e perwn holder in the county, where the same shall happen, and that the taker up be compelled taking up aa u . * . V, • estray to have to advertise said Estrays at least ten days at the place of holding Justices Courts m said him viewed destriet prior to tolling, and shall immediately thereafter go with such freeholder before ^er^ncfad-1' a Justice of the Peace of said county, and make oath before him, that the same was taken vertwed ten . -iii days before up at his plantation or place of residence in the said county, and that the marks or brands tolling, of such Estray have not by him, or to the best of his know ledge been alteredm, and then the where adver- said Justice shall take from the taker up and freeholder, upon oath, a particular and ex- ^ ful.tier act description urP°6 after defraying the charges or fees herein-after directed. And every taker up chmi be cab- who shall neglect or refuse to comply with these requisitions, shall be liable for double the tier"of the in- ^niouiit of the appraisement, to he collected by execution under the hand and seal of the fwcounty* Presiding justice of the Inferior court $ unless sufficient cause to the contrary be shewn purpose®. the court at the next term thereafter: and the said forfeiture when collected shall he ap- Penalty for , notcomplying- plied to the use of the county, after deducting the legal fees. requiI^Sn°ic ®EC* 7' it further enacted, That incase any person shall take, up as aforesaid Persons tuk- any neat cattle, sheep, goats or hogs, and no person or persons shail appear to make sat- cattle^ sheep, isfactory proof within three months, that the said are Ji^s or their property, the goats or hogs, Justiee havlm*- r iven twenty » notice^ dj advertisement in two of the most public places and no owner J ^ 0 .-.in , n i > i -n ii- appearing to in the captain's district wherein he resides, shall proceed to -sell the said Estrays, by his SATee constable, upon one of his court days, between the usual hours, for ready money to the luondis—the ki^licst bidder, and it shall be the duty of the Justices in the several counties, and ihey justice aficr <3 J " so days notice are hereby required to pay to the clerkuf the Inferior court in their respective couniies, to'the highest at each term of said court, all monies in their hands that have arisen from the sales of ^The ju^tices Estrays as aforesaid, deducting five per centum j for commissions, and such other charges tjpaj all mo- as arc allowed by law, and all monies so paid shall be subject to the order of the Inferior Hies arising i.om the sale court for county purposes. theiuferior ° &ec. 8. A ud he it further enacted. That if any person or persons shall within the term court, &c. 0p ^wo y€ars from the time of such sale prove to the satisfaction of the court, that the Owners of cs- 17 ... trai s may ap- property so sold was his, or their own, or that of his or their employers (as eke case may jlirsfi^conw he) hi that ease the court shall, after deducting the fees and charges, hereafter described, pension. pay the balance of the money arising from such sales, to the claimant of such property. Sec. 9, And he it farther enacted by the authority oforesuid, J hat the j mtiee for his services as above, shall receive from the taker up? at l^e such Estray or EMrays shall .11- ic s f u-- t>e ki ouuht before him, or a ascription or valuation thereof presented to him as abet e, theiEofiu such cast®. the sum of seventy five cents for each horse, mare, colt, filly, ass or mule, and the sum of six and one fourth cents for each head of neat cattle, sheep, goats, or hogs. Sec. 10. And he it further eita tied? That the taker up of sueli Estrays, shall as a com- The t iktr up pensation for maintaining and keeping of the same, put them to immediate labour, if ca- tiu ^ Lo hibor pable of scr dee, an 1 if incapable, oi he should prefer it, reeeive from the own°r if claimed, tlm- or from the court if sold, a reasonable satisfaction to he adjudged by the clerk, and a jus- 1 n.-uii >n. the of the peace of the count), according to the circum stance of the case :—Provided, Ihor' \ neverihtle. s, lb at n case tl e putting stick Estray to labour, he shall be bound to produce i i • i lc uii yillilit .i ii .mm ..d Lj ticl o/ lu g 100, tequunig ad neat callle, he. ml I i be . d un- |Ur t vibe month*, und tl e cli il * if h_ Inhiipr f\ it,, priilou* to t'iie mlveili .i tent and sale by 11 j icr, to a(V ei isr al the d r < f the t ui i E i« , t n Hie fual day of i n ijr term of tlie In iii ir and Supcri Court.* — ' 1 - I i " , ■ ■ + Ti ac. of lb03, ISO. IGD, See.dGJ, P lid 25 e_ i * f i-, mli < s.r,iv ndvertiAi_d. PASSED IN THE YEAH 1801. 9 said Estray to the owner if claimed, or to the clerk if sold, (casualities excepted) in as (No. 8.) good condition as when appraised. Sec. 11. And he it further enacted, That upon the delivery of any such Estray to the ^ fc€f} legal owner, or in ease of sale, upon the sale thereof, the taker up shall receive from the owner or clerk, as the ease may be, the sum of one dollar, for each horse, mare, colt, filly, ass, mule 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, sheep, goats or hogs, in addition to the sums akove mentioned for the keeping and maintenance of tlie same.* Sec. 12. And he it further enacted, That the clerk of the said court shall for the re- The Clerk's eeiving, entering and publishing every certificate as above directed, receive the sum of fee*' fifty cents to be paid by tw owner upon claiming the property or deducted out of tho money, arising from such piopoWy in case 0f sale, and the further sum of five per centum upon the balance of such money as a compensation rw cciiingy, collecting and paying, j Sec. 13. And he it further enacted, That it shall he the duty of the clerk of said court, The clerk to render to the said Inferior court, at every term thereof a true statement of all monies render to the . Inferior court, arising from the sales of Estrays, as aforesaid, accompanied with the proper vouchers, and and grand ju- ries, a state- ment of all monies aris- nig from the sale of estray Persons ne- exhibit a correct statement as aforesaid, to the grand jury of the county at every fall term *>f the superior court and oftencr if required* Sec. 14. And he it further enacted, That any person taking up any Estray as afore- said, and failing or neglecting to comply with, and fulfil the true intent and meaning of glectingto tliis Act, and being thereof duly convicted before the inferior court, shall for every such this act, Ha? offence forfeit and pay a sum equal to double the value of such Estray, so neglected to be ^etoforfe> tolled and advertised as aforesaid, to be recovered by suit or action at law, the informer to he the plaintiff in the action one half of the sum so received to the use of the informer, ed. the other half to the use of the county.. Sec. 15. And he it further enacted, That if any justice or clerk shall refuse or ne- jnst;cesaruj gleet to perform the duties required by this act, each justice or clerk neglecting or refu- clerk*ne- sing, shall for every such neglect or refusal forfeit the sum of twenty dollars, one moiety luty to^he eir to be paid to the party informing, and the other moiety to the use of the county, where double coST such offence shall be committed to he recovered by action of debt, in any court having cognizance of the same, and shall moreover be liable to an action of damages to the party injured, and upon conviction pay double costs. Sec. 16. And be it further enacted, That it shall be the duty of the clerks of the cleJ^f°fSu* superior courts and they are hereby required, at the first term of the inferior court, in the topayoveT* ' to clerks of ' ' ' 1,1 ' - - the Inferior, * This Section also altered by the act of 1803, No. 100—allowing to the taker up reasonable compensation, to f)1 J11?116?in be ascertained by the Justice# of the district where the Estray was taken up, or any two Justices of the Count}-, ar^'n^fr t See the 2d Section of $he aboye act, No. 100—Containing the advertising fee for Clerk* the sale of Es> IS io LAWS OF GEORGIA, (No. 8.) several counties, to be liolden after the passing of tliis act, to pay over to the clerks of iWrc iv4th- inferior courts in the respective counties, all monies which may be in their hands, er with the which have arisen from the sale of Estrays, accompanied by the books and documents Looks and do- „ „ cuments there .thereto appertaining. to belonging'. 4 « am former Sec. 17. And be it further enacted, That all laws, and clauses of laws relative to tak- illP disposing of Estrays, which militate against this act, be and the same arc this Repealed, hereby repealed. , DAVID MERIWETHER, Speaker of the House of Representatives;* JOHN JONES, President of the Senate, pro. tempore, Assented to, November 30, 1801. JO SI AII TATTNALL, jun. Governor. _—_ ■— 1— *' ■ •————f (No. 9.) AN ACT To incorporate the Roman Catholic Church in the city of Savannah. HEREAS, a religious society know n by the name of the Roman Catholic Church, has been established in the city of Savannah; And whereas, it is necessary for the Preamble. promotion of religion and virtue, that churches or religious societies, be made capable of holding, enjoying and defending any property which they may acquire, by donations or otherwise. Sec. 1. BE it therefore enacted hy the Senate and House of Representatives of the ^ State of Georgia, in General Assembly met, and by the authority of the same, That Don iic Church in- Emanuel Rengil, Thomas Dollaghan, Thomas Callaghan, John Shaw/, Francis Roma, ard Tm^ces Bartholomew Coquillon and John Moquette Montalet, and their successors in office, na^aed. shall be and they are hereby declared to be a body corporate, by the name and style of the Trustees of the Roman Catholic Church of the city of Sec. 2. And be it further enacted by the authority aforesaid, That the said Dot! Emanuel Rengil, Thomas Dollaghan, Thomas Callaghan, John Shaw, Francis Roma, Bartholomew Coquellon and John Moquette Montalet, Trustees as aforesaid, and their Their powers. successors in office, shall be invested with all manner of property, both real and personal, all donations, gifts, grants, immunities and privileges whatsoever, which may belong to the said Church, at the time of passing this act, or which hereafter may he made, convey- ed or transferred to them, or their successors in office, to have and to hold the same for the proper use, benefit and behoof of the said Church:—And also that the said Trustees, and their successors, shall he and they are hereby declared to be capable of suing and be- ing sued, impleading and being impleaded, and of using all necessary and legal steps f# recovering or defending any property whatsoever, w liich the said Church may hold, el aim or demand; and also for recovering the rents, issues., and profits of the same,, or any part or parcel thereof. PASSED IN THE YEAR 1801. li Sec. 3. And be it further enacted by the author it y aforesaid, That llie said. Trus- (No. 9.} tees, shall hold their office for and during the term of one year, three of the said Trustees To be ap. being subject to removal annually, at the option of the congregation ; and that on the lbJdtb"nu^ first Monday in January annually, between the hours of ten and twelve o'clock, at the members of tlif* churcht meeting-house of said Church, the congregation shall assemble for the purpose of elect- ing three Trustees, discreet and virtuous men, to hold their office for one year as afore-, said, with the same powers and and for the same purposes as above declared. DAVID MERIWETHER, Speaker of the House of Representative^ JOHN JONES, President of the Senate pro. tempore. Assented to, November 30, 1801. JOSIAH TATTNALL, Jan. Governor. AN ACT (No. 10.) To amend an act, entitled (t Jin act to establish and make permanent the Seat of the Public Buildings of the County of Camden, at or near the renter of said Countyso far as respects the addition of two Commissioners, the place for holding Courts, Elee- Hons, and other County l)usinesss and for making further provision for the com- pletion of the aforesaid Buildings, HERE AS, the aforesaid act, has net been carried into operation, and it is deemed Prearngi^ expedient that the same should he carried into full effect without further delay. Further co*n' Sec. i. BE it therefore enacted by the Senate and House of Representatives of the missioners of State of Georgia, in General Assembly met, and by the authority of the same, That Stephen nou^eTnd Eubanks and Habakkuk Wright, he and they are hereby appointed Commissoners of the county court-house and jail for tlie county of Camden, in addition to those already appointed by appointed, the aforesaid act;—and until the said court-house and jail shall he completed in conformity com-Lhouse & to the act aforesaid, all courts, elections, and other county business, shall be held, and jaiiiscompie- ted, courts, transacted at the house, where captain John Eaton now lives, on the Great Satilia ri- &c. to be hekl at capt. John Ver. Eaton's. Sec. 2. And be it further enacted, That it shall, and is hereby declared to he the duty Duty of the of the inferior court of the county of Camden, to aid the speedy completion of the said Lirelior Coult Public Buildings, by such appropriations of the county funds as may be deemed necessary, by the commissioners or a majority of them; and for that purpose the said court is hereby authorized and required to augment county tax - Provided, the present rate of tax Plxm?0' shall he found inadequate. 12 JLAWS OF GEORGIA, (No. 10.) Sec. s. Jlnd be it further enacted, That all laws, or parts of laws, heretofore passed repugnant to this act, shall be and they are hereby repealed. I) AVID MEXU \Y JbiTlIER, Speaker of the Rouse of Repreeeu JOHN JONES, President of the Senate, pro. tempore. Assented to, November SO, 1801. JOSIAH TATTNALL, jun. Governor. (No. 11.) Preamble. Perry estab- lithed at Shell Bluff on Sa- vannah river, in Burke eounty. Vested in Killbee and Lowe. AN ACT To establish a Ferry on Savannah Fiver* HE RE AS, it is necessary for the interest and convenience of many of the citizens of this State, that a Ferry should b© ©.tabusiied at Shell Bins' on Savannah river, in the eounty of Burke.— BE it therefore enacted, That a Ferry shall he established at the above place, under such restrictions and regulations, as the inferior court of the county of Burke, may from time to time direct and order, and tlie right of the same is hereby vested in Christopher Killbee, and Edmund Lowe, tlie proprietors of the said Bluff. DATTD MERIWETHER, Speaker of the House of Representative^ JOHN JONES, President of the Senate, pro. tempore* Assented to, November 30, 1801. JOSIAH TATTNALL, jun. Governor. 11 to stop * See No. 60, amendatory of this act—And See act of ISOo, No. 208, incoi porating a company to improve the na- the Oconee id.- ligation of the Qccnee river up to John Bamett®—And act of 1808, No. 3d9, allowing a Lottery for that purpose 16 EAWS OF GEORGIA, (No. 16.) the passing of this act, 110 person or persons, under the penalty of twenty dollars per day, ver from the shall dam, stop, or obstruct the Oconee river, from the middle or center of said river to to°the1 mouth lhc western bank thereof, from the Rock Landing up the said river, to the mouth of the of the Appa- Appalachee, but the same is hereby declared to be a free passage. 20 dolls, pen- Sec. 2, And he it further enacted, That bo person or persons, under the penalty of person'to stop twenty dollars per day, shall dam, stop or obstruct the said Oconee River, from the thedni'outh°of B10u^1 the Appalachee aforesaid, up the main stream, thereof to the Big Shoals at chce toPjohn Barnett's, in the county of Jackson; but the same is hereby declared to be at least Harnett's on one third part thereof, including (lie main channel, a free passage, the EigShoals ^verftoJu11 5. And he it further enacted, That it shall be the duty °r ttny Justice of tho tices of the Peace, in whose district such offence or offences may be committed, to issue his warrant, offenders a/ l,Pon information on oath of any free white person, commanding sucll offender or offenders gainat this act to be brought before him within ten days, to answer the charge alledged against him, her- or them, and such Justice shall issue summonses to compel the attendance of such wit- nesses as may. be thought necessary to establish or defend the said charge, who shall bo Subject to attachment for non-attendance, or refusing to answer on oath such questions as may be asked them; and if upon such examination it shall appear that such offender or offenders, is or are guilty of any breach of this act, it shall be the duty of the said Justice to enter up seperate judgments, against such offender or offenders, for the sum of twenty dollars for each day such obstruction shall have continued. And the said Justice shall forthwith issue execution on the said judgment or judgments so entered up, which judg- ments shall be levied on the goods and chattels, lands and tenements of such offender or offenders, and sold agreeably to the law regulating constable's sales; and the money arising from such fine or hues, shall be paid into f lie hands of such Justice of the Peace, one half thereof to the use of the informer, and the remaining moiety shall be paid by the said Justice of the Peace, to the Clerk of the Inferior Court, to be appropriated to the same uses as the other county funds. When any Sec* And he it further enacted by the authority aforesaid, That if any Justice of Justice of the the Peace shall in any manner offend against this act, it shall and may be lawful for him Peace offends , gainst this or them to he sued or prosecuted in any one ol the adjoining districts; and the same fees act how to be tried. shall be levied and collected for services performed under this act, as are allowed for like . CL 1£ services in magistrate's courts. "Repealing Sec. 5. And he it further enacted, That so much of the above recited act as militates against this act, he anu the same is hereby repealed. DAYID MERIWETHER, Speaker of the Mouse of Mcpresentati-oes*. WILLIAM RARNETT, President of the Senate. Assented to, December 2, 1801. JOSIAU TATTNAIA, jun. Gqyerxoe. PASSED IN THE TEAH 1801. AN ACT (No. 1?.) Explanatory, and to amend that part of the Judiciary Act, passed in the year one thou- sand seven hundred and ninety-seven, which respects Justice's Courts. HERE AS it lias been found by experience, that, that part of the Judiciary act, Preamble, passed in tlie year of our Lord one thousand seven hundred and ninety-seven, which re- spects Justice's Courts, does not answer the effect thereby intended. Sec. i. BE it iherfore enacted by the Senate and House of Representatives of the iTuI.;,d:,t:oil State of Georgia in General Assembly met, and by the authority of the same, That from and immediately after the passing of this act, it shall and may be lawful for any Peu ce, where |>erson or persons, who has or have in his, her or their hands, any bond, note or account, ^divided which was given for any s™ exceeding thirty dollars, and the amount of which has been ^a reduced by any payment or payments to a sum under thirty dollars, and such payment or remaining- ha- payments are indorsed 011 the back of s^ia i>on Clerk of the court of Ordi- nary the Es- chpator. ?lielr Oath. 'E it enacted by the Senate and House of T&epresentatives of the State of Georgia, in General Assembly met, and by the authority of the same, 1 hat the Clerk of the Court of Ordinary in each Conbe, and he is hereby required to take upon himself, and execute the duties of Escheator, for the purposes, and after the manner hereinafter mentioned and prescribed, that is to say:—Every Clerk of the Court of Ordinary in each County, shall give bond, with good and sufficient sureties, 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 dollars, for himself and •sureties jointly and severally, and conditioned for the faithful discharge of the duties of «aid office, and shall moreover take the following oath, to he administered by the Gov- ernor, or any one of the Judges of the Superior Court, at the time of taking said bond, to wit:—.« I, A. B. do solemnly swear that I will faithfully execute the duties of Eschea- tor, for the State of Georgia, and diligent enquiry make for all property which hath escheated, or shall escheat to the State, according to the true intent and meaning of the act, in this case made and provided"—So help ine God. •Sec. 2. And be it further enacted by the authority a/orThat where it shall ap- The du'vof licar ^iat ariJ Person has died without will and v. unoiit heirs, leaving property behind, the Escheator that then and in such case it shall he the duty of (he Escheator of the county in which such person shall have died, to make enquiry of all the estate both real and personal, of which the deceased died seized and possessed, and to notify the same in writing to the Escheator .of every ether county, in which the deceased, at the time of his death may have held, or been possessed of any estate, either real or personal, and thereupon it shall he the duty of the Escheator of the county, iu which such person shall have died, and of every ether Escheator so notified, as aforesaid, to make a true and just statement, of ail tine property so far as comes to hts knowledge, which the said deceased may hare 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 meeting of said Court in such - mm+y, and the Judge * &■ o j ? _M fee in.ii if the act of 1803, No. 123—It. quiring that ulcere the cceditor re^ut* out 01 uie county, recuriiy meat Le pivcii IE rn dntenancc and PASSED IN THE YEAR 1801. 1 M J— ,-,-r-r- - , . .. . ■ „ ;■ .■rjs.::.:-. j", pi chiding at sucli oouri shall cause the Jury, (berng first sworn) to proceed aud make a (No. 23.) true inquest of all sucli supposed escheated property, both real and personal, which by inquest of a the Esclieator, shall be submitted to their investigation, and a true verdict make there, tain the pro- on ; whereupon the Judge of the court aforesaid, shall certify the same under his hand put* * and seal, to the Esclieator of said county, who is hereby ordered to record the same in a book to be by him kept for that purpose, and shall return the original into the office of the Clerk of the said Superior Courts to be their filed, and kept as a record of the said Court; and further, on returning the inquest into the office of the Court aforesaid, the Clerk shall thereupon cause to be advertised in one of the Public Gazettes of this State, Advertise-' the fust v> eek in every month for six months^ the particular description of property, both meDU real and personal, so escheated, the name of the person last seized and possessed, and the supposed time of his or liev death, together with the part of the world, in which he or she was known or supposed to he born, and requiring bis er her heirs, or others who inay claim under him or her, to appear ana jhuUo sliall have power and authority to order a prosecution in the name of the State, property. and the Jury shall try the fact, and assess the damasres «ild costs, and upon conviction such Escheator shall be incapable forever thereafter of holding any place of trust or profit within tliis State; and further, that no Escheator shall directly or indirectly, either by himself or any person whatsoever, purchase or be concerned with any person or persons, in purchasing 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 w ho sliall sue for and recover the same, and the other half to the use of the State; and moreover, that every such offender on conviction, shall be forever disabled from holding any office of trust or profit under this State.* DAVID MERIWETHER, Speaker of the House of 'Representatives. JOHN JONES, President of the Senate, pro, tempore. Assented to, Decembers, 1801. JOSIAII TATTNALL, jun. Goveuxok. * k>e act of IS',.", No. 195—Amendatory of this act. PASSED IN THE YEAR 1601. Sec. 1. AN ACT (N°- 210 Prescribing the mode of Manumitting Stares in this State. E it enacted by the Senate and House of Representatives, in General Assembly met, and by the authority of the same, That from and after the passing of this act, it shall not be lawful for any person or persons to manumit or set free any negro slave |}y^the Lec-i * or slaves, any mulatto, mustizo, or any other person or persons of colour, who may be deemed slaves at the time of the passing of this act, in any other manner or form, than by an application to the Legislature for that purpose. Sec. 2. And be it further enacted, That if any person or persons shall after the passing of this act, set free any slave or slaves, in any other manner or form than the Penalty for one prescribed herein, he shall forfeit for every such offence two hundred dollars, to be recovered by action of debt or indictment, the one half of the said sum to be applied to the use of the county in which the offenee may lmc committed, the other half to the use of the informer or informers; and the said slave or slaves so manumitted and ^et free, contrary to the true meaning and intent of this act, shall be still to all intents and purposes, as much in a state of slavery, as before they were manumitted and set free, by the party or parties so offending. Sec. 3. And be it further enacted, That it shall not be lawful for the Clerks of the cleikoftl Superior Courts, or any other ofliccr of the State, to enter on record in any book of re- Superior cord by them kept, any deed of manumission, or other paper which shall have for object record any° deed of manu- mission. breach of tl act. so doing-. the manumitting and setting free any slave or slaves, and the party offending herein, shall forfeit for every deed or other paper so recorded, the sum of one hundred dollars, to be Penalty for recovered by action of debt or indictment in any Court having cognizance thereof, the one half to be paid to the party who shall sue or prosecute for the same, and the other half to the use of the county, where the offender may reside DA\ ID MERIWETHER, Speaker of the House of Representatives. JOHN JONES, President of ihe Senate, pro. tempore. Assented to, December 5, ISOX. JO SIAII TATTNALL, jiin. Governor. AN ACT For ihe Inspection of Flour (No. 25.) E it enacted by the Senate and House of Representatives oP ihe State of ™ , . si .. n -I n i Places desig- Georgia, in General Assembly met, and by the authority of the same, That from and after natcd for the the passing of tliis act, there shall be an Inspection of Flour, at the several places herein- after mentioned, that is to say In the City of Savannah, in the Citv of Augusta, Pe- inspects n ol Flour. LAW'S OF GEORGIA. (No, 25.) tcrsburg, and at the Mill of Joseph Ray, in the county of Columbia, and at the town of Sparta and Montpelier, in Hancock county, and at Levcn W ail's Mill in the county of Elbert, at Philip Hunter's Mill in the county of Greene, Espy'sMill in the county of Jackson, and at Hudson's Mill in the county of Scriven, under such regulations as are hereinafter pointed out. Sec. 2. tfind be it enacted by the authority aforesaid, That it shall be the duty of the Inspectors appointed by Justices of the Inferior Court, or a majority of them m the several counties wherein ihe inferior °f su°b Inspection shall be established, at anytime to appoint three fit and proper persons, Court. as inspectors for each Inspection, who shall take and subscribe the following oath, before Their oath. one or more of the Justices of the Inferior Court, to wit; « I, A. B. do solemnly swear or affirm (as the case may be) that I will duly and faithfully inspect all Flour brought to tne for that purpose, to the best of my knowledge".—So help me God. Sec. 3. And be it further* enacted by the authority aforesaid, That it shall be the Inspectors? duty °f tlle said Inspectors, or any two of them, to number and mark each barrel of flour they shall inspect, and give a certificate for the same, with the quality and number there- of, to wit—first, second, or third. Their Fees. Sec. 4. And be it further enacted, That the said Inspectors shall he entitled to the sum of twenty-five cents, for each barrel so inspected, to be paid by the person or persons owning the same. Sec. 5. And be it further enacted, That if any person or persons, who shall forge or counterfeit any certificate, as aforesaid, he, she or they so offending, shall he prose- ficat? Certl Cllte(* ^ indictment, as in other cases, for forgery, and suffer such punishments, as is pointed out by law in such cases. Punishment for counter- Vacancies how filled. Sec. 6. Jlnd be it further enacted, That when any vacancy or vacancies shall hap- pen, by death, resignation or otherwise, in any or the said Inspections, it shall he the duty of the Justices of the said Inferior court, or any three of them, to fill such va- cancy, and any of them so appointed and qualified, may proceed to the duty assigned tlieui by this act. DAVID MERIWETHER, Speaker of ihe House of Representatives. JOHN JONES, President of the Senate, pro. tempore* Assented to, December 5, 1801. JOSIAII TATTNALL, jun, Goveekob* PASSED IN TIIE YEAR 1801. 28 AN ACT (No- 26-) To incorporate a Company, for the improvement of the Navigation of that part of Ogcchce River, between the town of Louisville and Varamouv's Bluff, Preamble. Style. HERE AS it is conceived that it will very much advance the Agricultural and Com- inercial interest of this State, to remove as much as possible all obstructions to the navi- gation of the River Ogeehee, between the towns of Louisville and Hard wick, and will be productive of considerable advantages to trade and industry in general. Sec. 1. JBE it therefore enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same9 That for the company purpose of carrying into effect so desirable an object, that John Shellman, David M'Cor- mick, Charles Gachet, Michael Shelman, Robert Flournoy, Walter Robinson, Robert Reid, Joseph G. Posner, Edwin Mounger, and Stephen Powell, and such other persons as shall associate with them, be and they arc hereby declared a body corporate, to be known by the style and name of the Ogeehee Navigation Company, and by that name shall be and are hereby made able and capable in lawr, to have, purchase, receive, pos- sess, enjoy and retain to them and their successors, lands, rents, tenements, and heredi- laments, goods, chattels and effects of any kind, nature or quality whatsoever; and the same to sell, grant, demise, alien or dispose of, and to sue and be sued, plead and be im- pleaded, answer and be answered, defend and be defended in courts or any other place whatsoever; and also to make, have and use a common seal, and the same to break, alter and renew at their pleasure. Sec. 2. And be it further enacted, That the said company, or a majority thereof, annually, on the hrst Monday in January, shall proceed by ballot, to elect a President and four managers out of their ow n body, to continue in office for the term of one year, rrcsUknt und and the President and managers so elected as aforesaid, or a majority of them including the bTappointcd President, shall and they are hereby authorized and empowered, to make such regula- tions for the government ol the company, as shall appear to them necessary and expedient, the company for the purpose of carrying into effect and operation, the true object and intention of the institution ; but in case it should at any time happen that the election of a President and managers as aforesaid, should not take place at any animal day of election, as aforesaid, the said corporation shall not for that cause, be dissolved or destroyed, but the President shall appoint some other day, and shall give not less than thirty days public notice thereof, in one of the Gazettes of this State, and he shall continue in office until such election Is made. Sec. 3. And be it further enacted, That when the improvements in the navigation, as hereinafter pointed out, are made and completed, that any person or persons navigat- ing said river, shall pay a toll for the use of the company, not exceeding tw elve and a half ^ter clearing cents for every hogshead of tobacco—six and a quarter cents for every bale of cotton— Uierivel* six and a quarter cents for every barrel of Hour—and six and a quarter cents for every JO LAWS OF GEORGIA, (No. 26.) hundred weight of all other articles ex ept lumber—the rafting of nhicli shall be and remain free to all persons whatsoever and shall also levy atoll in proportion to the dis- tanee from any other place on the river Ogcchee, between the town of Louisville and Paramour's Bluff, as aforesaid j and if any person or persons passing up or down said river, with any boat or other vessel, with goods, produce or other articles on board, shall refuse to pay the toll aforesaid, or any other rates the said company may establish not exceeding those aforesaid, then and in that case, the said corporation shall by their agent or agents duly appointed, have power, and are hereby authorized to seize and detain the same until the established toll as aforesaid shall be paid. . The manner in which the Sec. i. And be it further enacted, That when the said corporation shall have remov- ed the obstructions in the said river, between the town of Louisville and Paramour's clearing- of Bluff, as aforesaid, so that boats passing, up or down, carrying a burthen of thirty hogs- bTa,cert;dn-0 heads of tobacco, or thirty thousand weight of any other articles when the water is at its cd- common height, shall safely pass up and down, and when the river aforesaid shall have been so cleared out, and the obstructions jas contemplated and required by this act remov- cd, a report thereof shall be made by the President and managers, or a majority of them, to the Executive Department, who shall appoint fit persons, not less than three in num- her, to examine and report the improvements made on the said river by the said company, between the town of Louisville and Paramour's Bluff, as aforesaid ; and if the persons so nominated and appointed, after due examination, shall report that the river aforesaid, is -so improved in its navigation, and the obstructions so removed, that boats of the descrip- lion before mentioned, can safely pass from the town of Louisville to Paramour's Bluflj aforesaid, then and not before, the said corporation or company shall be empowered to levy and receive the rates of toll aforesaid, exclusive Sec. 5. And be it further enacted. That the said company shall have the exclusive Ration t ested tight °f navigating the said river, within the aforesaid district, and shall remain and m the com- continue a corporate body or body politic for the term of ten years, and no longer.— Provijo. Provided, That nothing herein contained shall extend, or be construed to extend to effect in any manner whatsoever, the funds of tins state, or any part thereof in the expenses of the persons appointed to examine the river as aforesaid, or compensate them for their DAVID MERIWETHER, Speaker of the House of Representatives. JOHN JONES, President of the Senate, pro tempore. Assented to, December 5, 1801. JO HI AH TATTNALL, jun. Goyeexoe. PASSED IN TIIE YEAH IS01. Si AN ACT* (No- 270 For i7ie Improvement of the Navigation of the Oconee and Alatamaha Rivers, from Montpelier to Darien, ^rc' JS E it enacted by the Senate and House of Representatives of the State of WLo i;uble tQ Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, work on said i _ ^ j CI* $ * That from and after the passing of this act, all persons liable to work on public roads, residing within live miles of the Oconee and Alatamaha rivers, from Montpelier to Darien, shall work on the said rivers, for the improvement of the Navigation thereof, live days in each year, at such time and times as the commissioners hereinafter named shall direct. Sec. 2. And be it further enacted by the authority aforesaid, That if any person or penalty for persons so liable to work on the said rivers, shall neglect or refuse to work, after having JJ^gf0or five days notice for that purpose, and to bring with him 01* them, such tools as the com- work on said missioners shall require, shall he liable to be tinea in a 3xxm not exceeding one dollar for ^ers' each day so neglecting or refusing, to be recovered before any Justice of the Peace, in Jurisdiction the Captain's District, wherein such delinquent shall reside. Provided, such time tkeofthe^* of notice does not happen when persons liable to work on roads, should be called to work Peace- thereon: and all fines so recovered, shall be applied by the commissioner or commission- ers to the use of clearing out the said rivers. Sec. 3. And be it further enacted, That the following named persons shall be, and they are hereby appointed commissioners of the following Districts or Divisions, that is tG say:—John Miles, commissioner from Montpelier to the mouth of Buck Creek— Francis Boykin, from the mouth of Buck Creek to the White Bluff—Reed Dupre from the White Bluff to the mouth of Buffalo—Hugh Lawson from the mouth of Buffalo to the mouth of Deep Creek—Elijah Blackshcar from the mouth of Deep Creek to the line di- viding the counties of Washington and Montgomery—Samuel Harrison from the said dividing line to the Rock spring—Peter Mercer from the Rock Spring to BerryhilPs Bluff—James Blanchard from Berryliill's Bluff to Silver Bluff—Thomas Raines from Silver Bluff to Stalling's Bluff—George Wyche from Stalling's Bluff to Ford's Shoal— Short Long from Ford's Shoal to the junction of the Oconee and Oakmulgee—AsaTra- vis from the said junction to Miligan's Bluff—John Swilley from Milligan's Bluff to the mouth of Ohoopie—Shadraeh Stanley from the mouth of Ohoopie to Beard's Bluff— Thomas Liles from Beard's Bluff to the lower end of Oswell's Cut—Richard Bryant from the lower end of Oswell's Cut to the mouth of Phinholloway—John Johnston from the mouth of Phinholloway to Darien. Sec. 4. And be it further enacted, That the said commissioners be and they are here- er^mayap?11" by vested with full power and authority to appoint overseers for their respective districts, J*'™* _ _ their duty. * This act repealed by act of 1802, No, OS, Section Till Commission- ers named and appointed. LAWS OP GEORGIA, (No. 27.) whose duty it shall be to warn in, direct, and overlook the hands liable to work on said rivers, agreeably to the true intent and meaning of this act. DAVID MERIAVETIIER, Speaker of the House of Representatives* JOHN JONES, President of the Senate, pro-lempore. Assented to, December 5, 1801. J08IAH TATTNALL, jan. Governor. (No. 28.) Mayor and Aldermen of Savannah au- thorized to have the "Wharf Lots surveyed in said city. AN ACT*' To prevent Encroachments on the Hirer Savannah, and to remove such as now exist in the said River, or elsewhere, within the Jurisdiction and limits of the City of Savannah. Sec* 1* Be it enacted by the Senate n^d ziouse of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, That the Mayor and Aldermen of the City of Savannah, for the time bemg, be and they are hereby vested with full power and authority, and are hereby required, to eause an accurate survey of the Wharf Lots in the said City of Savannah, to be made, and to ascertain the true line of low water mark, and to mark out the same by stakes or otherwise $ which said line when so ascertained and marked out, shall he the ultimate limits of the said Wharf Lots on the river. Encroach- ments on the tow water mark to be removed. Sec. 2. And be it further enacted by the authority aforesaid, That if it shall appear after the said line of low water mark shall he run out and ascertained as aforesaid, that any of the heads built on the said Wharf Lots, or any platforms or buildings or other improvements whatever, shall extend beyond 1 he said line, the same shall be deemed and considered encroachments on the said river, and the owner or owners thereof, or their agent or attorney, or the executor or administrator of such owner or owners, shall with- in three months after the same shall he ascertained and m»rAed as aforesaid, and notice thereof given in one or more of the Gazettes of the said City of Savannah, by the Mayor and Aldermen thereof, remove or cause to be removed, the part or parts of the said wharf- head, platform or building or other improvement of any kind back to the said line. Penalty in case encroach Sec. 3. And be it further enacted by the authority aforesaid, That if any owner or owners of the said Wharf Lots, or their agent or attorney, or the executor or administra- removed a- greeably to the above section. ments are not tor of such owner or owners, shall neglect or refuse to remove, or cause to be removed the said encroachments within the said term of three months, he or they, so neglecting or refusing, shall forfeit and pay for every foot such encroachments shall extend beyond the said line of low water mark, five hundred dollars, to be recovered by action of debt or indictment, in any court having cognizance thereof, at the instance of the sai.i Mayor * hee act ol 1802, No. 68—Amendatory of tins act, and act of lhL'3, No. 116, ...so . n . uua.i • f mtcs to adding other commissioners, and act of 1809, No. 453, repealing this and all others imposing fines prior to that act, and inflicting other penalties. PASSED IN THE YEAR iSOU and Aldermen for the time being, and applied to the use of the said CityAnd moreo- (No, £$» ver, it shall and may be lawful for the said Mayor and Aldermen for the time being, and they are hereby authorized and required, to cause the said encroachments to be removed, Mjvbera and the costs and expense thereof to be levied by stress and sale of the estate, both real and 1,1 personal, of such owner or owners, notwithstanding the forfeiture hereinbefore expressed. Sec. L And he it further enacted, That it shall be unlawful for the owner or owners, of any Wharf-Lot in the said City of Savannah, their agent or attorney, executor or ad- miinistrator, to build a Wharf-Head Platform, or any other improvement whatever, Which shall extend beyond the said line of low water mark,* and the same shall be consul- ^ u>w ered as encroachments on the said River Savannah; and any person or persons offending herein shall forfeit and pay for every foot which such encroachments shall extend beyond the said line, Five Hundred Dollar's, to be recovered by action of debt or indictment, in any Court having cognizance thereof at the instance ©r tii© s»id Mayor and Aldermen or other person who shall sue and prosecute for the same, to be applied to the use of the said City of Savannah, if sued or prosecuted by 13 te said Mayor and Aldermen, and if any o- ther person, one half to be paid to such person and the other half to the use of the City. And it shall moreover be the duty of the said Mayor and Aldermen for the time being, and How to be ro they are hereby authorized and required to cause the said encroachments to be removed and the costs and expense thereof to he levied, by distress and sale of the estate, both real and personal of the owner or owners thereof, notwithstanding the forfeiture herein be- fore expressed. UiiUwfi'l lu erect unv wharf-head platform om Penalty for a doing1. covered. To remot e all encroach- Sec. 5. And he it further enacted, That the said. Mayor and Aldermen for the time being, be and they are hereby authorized and required to cause to be removed all en- eroacliments of any kind or description whatever, which now are, or may hereafter be ^"Xcet or placed on any square, street or lane iu the said City of Savannah, and to levy the costs 3aI?t the p, 5£U<3 and expense thereof ny distress and sale, out of the estate both real and personal, of any person or persons who may have made such encroachments or the owner or owners there- •of; unless the owner or owners of such encroachments, their agent or attorney, Exeeu- tors or Administrators, do and shall remove the same, within three months after having besn notified thereof by the said Mayor and Aldermen. DATID MERIWETHER^ Speaker of the House of lleprcs^TLtathes JOHN JONES, President of the Senate pro-tcmpoi'c. Assented to, December 5, 1801. JOSIAII TATTNALL, jun. Goyekxotu E LAWS OF GEORGIA, (No. 29.) AN ACT To Divide Montgomery County, Montgomery divided and Tattnall laid off Si defined. Sec. l. Officer# in.the new county to keep their officer. E it enacted by the Senate and House of Representatives of the Stale of Georgia, in General Assembly met, and by the authority of the same, Thai from and im- mediately after the passing of this act, Montgomery County shall be divided, as herein- after shall he pointed out, (that is to say) beginning at the mouth of Limestone Creek, ©n the Oconee River, and from thence a direct eourse to the mouth of Wolf Creek on Great Canoueliee, from thence down Canouchee to the mouth of Cedar Creek, fromthene© keeping the late established line between Liberty County and Montgomery to the mouth of Beard's Creek on the Alatamaha River, and from thence up the middle of the Alatama- ha and Oconee Rivers to the beginning, which tract or parcel of land so bounded and described, shall forma nevr County, to he called and known by the name of Tattxajx. Sec. 2. Jind be it further enacted by the authority aforesaid. That all Justices and other officers that may be residing within the aforesaid new County, shall continue in of- fice, and that the Courts and other public business, shall be held and transacted in a house said to have been built by Zachariah Cox at or near the Saw Mills on the Olioopie, until ©therwise altered by law. Expense of Sec. S. And be it further enacted, That the line designated as aforesaid, shall be rua running' the line, hotrde- at the joint expense of both Counties, viz. the Counties of Montgomery and Tattnall. frayed. No monies to be drawn to build a court house and jail in either eounty. To what Bri- gade and divi- sion Tattnall shall belong1. Sec. 4. And be it further enacted, That no monies shall be drawn from the Treasury for the purpose of erecting a Court-House and Jail in either of the said Counties, any law to the contrary notwithstanding. Sec. Sr. And be it further enacted, That the County of Tattnall, shall be and i* hereby declared to belong ta the Second 05rigade of the First Division. DAVID MERIWETHER, Speaker of the House of Representatives. JOHN JONES, President of the Senate, pro. tempore. Assented to, December 5, 1801. JO SI ATI TATTNALL, jwi. Gotekxoe. PASSED IN THE YEAR 1301. AN ACT (If»- 30') To Divide the Co-unty of Jackson. Sec. 1. ][| e u enacted th€ SenaU and ji0U8C 0j Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, That all that part of the County of Jackson, lying and being within the following limits, shall form one other County, and shall be called and known by the name of Clarke, (that is to say) The line dividing the said county of Clarke, from the county of Jackson, shall begin on the Appa- lachee River, at the mouth of Manbury's Creek, thence a direct line to Richard Easley's Mill, on the middle fork of the Oconee River, from thence a direct line to where the Oglethorpe Line crosses the north fork of Brush Creek, thence down the Oglethorpe Line to the Oconee river, tlienoe along the Greene line to the Appalachee River, thence up the said River to the beginning. Sec. 2. And be it further enacted, by the authority aforesaid, That William Hopkins, William Strong, Daniel Bankston. John Hart, and John Cobb, shall be and they are here- ers appointed, by appointed Commissioners, and they or a majority of them, are vested with full power for the and authority to fix on the most convenient and central place within the said County, at which the Courts and Elections shall be held, as soon as suitable Buildings are erected county of thereat, and the said Commissioners, or a majority of them, are hereby authorized and em- powered, to contract with fit and proper persons, for the purpose of building a Court- House and Jail in the County aforesaid, which after at least thirty days notice, shall be let to the lowest bidder. Provided, that until the Court-House shall be erected, the Courts and Elections for the said County, shall be held at the house of Isaac Ilill. Clark. Sec. 3. And be it further enacted, by the authority {foresaid, That the Justices of inferior court the Inferior Court of the said County, are hereby authorized and empow ered to levy a to erect «dd tax not exceeding one sixth of their General Tax, on the inhabitants and taxable property P^llc buildi within the same, for the purpose of erecting » Court-House and Jail as aforesaid, which shall be done in such manner as in the judgment of the court shall be least burthensome to the inhabitants. Sec. *. And be it further enacted, by the authority aforesaid, That Bedford Brown* Surveyor ap- shall be and be is hereby appointed to run the line of the said County, and that the char- l^n^he line ges thereof shall be paid by the Inferior Court of tlie County, to be levied as in this act of *aid count7 is directed. Sec. & And be it further enacted, That Presley Scurlock, Benjamin Easly, William commi«ioh- Dial, Samuel Brazil, and Proccr Ilorton,* be and they are hereby appointed Commissi- ^ * Sec set of 1802, ho. 71—Making the Justice« of the Inferior Court Gommmioners for the above purpcres EAWS OF GEORGIA, (No. 50.} oners for fixing on tlie place at which the Court-IIousc and J ail shall he built in the County ti t ft] °** Jae^sonj which said Commissioners or a majority, of them, are hereby authorized public build- and empowered, to contract with fit and proper persons, for tlie purpose of building a iii.tf s in Jack- £ourt-llousc and Jail in the aforesaid county, which after at least tliirty days notice, shall be let to the lowest bidder.—Provided, That until the Court-House and Jail are erected, the Courts and Elections shall be held at the house of Thomas Kirkpatriek. Sec. 6. elnd he it f urther enacted, That the two several Academies of Jackson and Clarke counties, shall be consolidated into one Academy, and that the now court-house of Jackson, shall bo and the same is hereby vested in the commissioners of the aforesaid counties of Jackson and Clark, which now are, or hereafter may he appointed eommis- sioners of the Academies of the aforesaid counties. lN"iawne"ut° Sec* 7" lt fur^ier ennct^h TUac no monies shall be drawn out of the or the treasu- Treasury, for the purpose of erecting a Court-House and Jail in either of tlie said coun- either court ties,- any law to tlie contrary notwithstanding, house. To what Bxi- Sec. 8. JhiAleit further enacted, That the said county of Clarke, shall be and tlie gade and di- game js declared to belong to the Third Brigade of the Third Division of the Militia vision Clark ° ® county shall of this State. , he-long. DAVID MERIWETHER, Speaker cf the Mouse of Representatives* JOHN JONES, President of the Senate, pro-tempore* Academies of both counties eon. chelated. Assented to December 5, 1801. JO SI All TATTNALL, Jan. Goyeshob, PASSED W THE YEAH 1861. AN ACT (No- si0 To alter the time of the pieeling of the tfupcHor Courts of I his State, #nd to repeal und amend certain inirls of the Act, entitled, (( An Act to amend, an Act, erJitlcd an Act to revise and amend the Judiciary System of this Slate" Sec. 1. if enacted hy the Senate and House of Representatives of the- State time'unu^f^ of Georgia, in General Assembly met, and by the authority of the same, That the Superior court appointed to he held in the county of Chatham, in December instant, shall be and the same is hereby continued over until the second Monday in January thereafter, to which all manner of suits or actions, and all writs or processes, as well as all jurors and witnesses, and all manner of business of any kind or description whatever, shall stand continued, and be acted upon in the same manner as they would have been, if no such continuance had taken place. Sec. 3. And be it further enacted by the authority aforesaid, That from and after the end of the said term of the said Superior court, to commence and he held in the said county of Chatham, on the second Monday in January next as aforesaid, the Superior Courts shall be held in the respective counties, in the Eastern, Middle and Western Districts of this State, twice in every year, at the several times hereinafter mentioned, to wit: STRING CIRCUIT* EASTERN DISTRICT. The times for ON the first Monday in March, in the county of Camden; the Monday thereafter 3°^ntheC in the county of Glynn 5 the Monday thereafter in the county of M'lntosli; the Monday ^:\stteru thereafter in the county of Liberty; the Monday thereafter in the county of Bryan ; spring the Monday thereafter in the county of Bulloch ; the Monday thereafter in the county Cbcmt Effingham; and the Monday thereafter in the county of Chatham. FALL CIRCUIT. EASTERN DISTRICT. ON the second Monday in August in the county of Camden ,* the Monday thereafter Faneircui^ in the county of Glynn; the Monday thereafter in the county of MTntosh; the Monday thereafter in the county of Liberty; the Monday thereafter in the county of Bryan; the Monday thereafter in the county of Bulloch; the Monday thereafter in the county of Effingham; and the Monday thereafter in the county of Chatham.^ A court to be held twice a year in etc h. countj. * See act of 1803. No. 86—Altering the time of holding the fall courts. LAWS OF GEORGIA, (No. 31.) MIDDLE CIRCUIT. ON the fourth Monday in February and August in the county of Columbia ; the Monday thereafter in the county of Warren; the Monday thereafter in the county of Jefferson ; cir- the Monday thereafter in the county of Burke ; the Monday thereafter in the county of Scrivcn ; the Monday thereafter in the county of Washington ; the Monday thereafter in the county of Montgomery; the Monday thereafter in the county of Tattnall; and the Monday thereafter in the county of Richmond.f WESTERN CIRCUIT. ON the third Monday in February and August in IXancoek; oh the first Monday in March and September in Greene; the third Monday in March and September in Ogle- In tlic Wcs- thorpej on the fourth Monday in MaroU September in Clarke ; the first Monday in iGlll CXTOUlt. _ April and October in Jackson ^ the second Monday in April and October in Franklin; the third Monday in April and October in Elbert ; the fourth Monday in April and October in Lincoln; and the first Monday in May and Noyember in Wilkes.§ INFERIOR COURTS. ON the Fourth Monday in January and June in Clarke, on the first Monday in Febru- ary and July in Jackson, on the second Monday in February and July in Franklin, on the third Monday in February and July in Elbert, on the fourth Monday in February and July in Lincoln, and on the first Monday in March and August in Wilkes. Sec. s. And be it further enacted by the authority aforesaid, That the sixteenth section of the aforesaid act, entitled, " An act to amend an act, entitled an act to revise and amend the Judiciary system of this State," he and the same is hereby repealed; as also, so much of the fifty-ninth section thereof as rea",Ve:i the attendance of the Judge® of the Superior courts at the seat of goverm™°nt annually, for determining on such points as may he reserved for argument, and which may require an uniform dicision, be and the same is hereby repealed. cases refer- Sec. 4. And be it further, enacted, That all points referred for argument, and kow skm f°bydlthe waiting a decision at the seat of government, he and the same are hereby directed to be judges, re- sent hack to the respective counties from whence they have been sent, and there decided 11 landed to the county from by the presiding Judge. whence they came. f And see act of 1809, No. 479—Altering the times of holding in this circuit. i See act of 1806, No. 239—Altering the courts in Oglethorpe, Clark and Jackson. § See act of 1809, No. 479, 2d section—Altering Wilkes court to the fust Monday in June and Inferior courts in the "Western dis- trict. Parts of the Judiciary re- poaled. PASSED IN TEE YEAH 1801. Sec. 5. And be it farther enacted by the authority aforesaid, That in all cases C^0, brought in the said Superior courts, or either of them, where either of the Judges where Judg-- thereof shall he a party, or interested therein, it shall he the duty of three or more of the rior courts are Justices of the Inferior court to preside at the trial of the same. suits! who u> preside. Sec. 6. And be it further enacted, That all manner of suits or actions, and all writs or process, as well as jurors and witnesses, and all manner of business of every kind caaes to or description whatsoever, now depending in any of the courts aforesaid, shall stand over stimd ovcr' and he acted upon at the several perloJh herein pointed out for holding said courts, in like manner as if no alterations had taken place as to the time of holding the said courts. DATED meriwETHER, Speaker of the House of Representatives. JOHN JONES, Vresident of the Senate, pro-tempore* Assented to, December S, 1801. J08IAH TATTNALL, jun. Goteuxoe. ^ ACT (No. 32.) More effectually to provide for the payment of Sheriffs, Jailors and Coroner-$ fees, which may be now due, or which may hereafter become due; and for vesting power in the Inferior courts of this State, for the purpose of carrying this Act into full effect. Sec. 1. TSe maCted by the Senate and House of Representatives of the Slate of Georgia, in General Assembly met, That from and after the passing of this act, the justices Justices of ©f the inferior courts are hereby required to levy annually, a county tax, equal to all lom^haTn.. fees which are due or may become due to the respective sheriffs, jailors and coroners, ^t0.Pay within the several counties in this State, from the insolvency of prisoners, or for the ers iuid coro» maintenance of criminals, or in the case of coroners, for the payment of all fees, which neiS have or may become due such coroners for holding inquests on the bodies of persons found dead, and whose estate shall prove insufficient to discharge the legal fees :—. Provided, That all fees for holding inquests on the body of slaves, shall be paid by the owner of such slave or slaves : and it shall be the duty of the collector of the general who ,tr)Pay 7 17 coroner's fees tax, to collect and pay into the hands of the elerks of such courts, the amount of taxes oo negroes* so assessed and collected, by order of the justices aforesaid,- which said amount shall be iO LAWS OF GEORGIA, (No, 32.) applied to (lie parent of such fees as mayor Iiave become due to such sheriffs, jailors and coroners, as aforesaid; and the collector shall be allowed 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 default, neglect or improper eon- duct, which said fines and forfeitures may be imposed by the justices of the inferior courts at their discretion. Sec. 2. And be it further enacted by the authority aforesaid, That an act passed the twenty-second day of February, 179G, entitled, " An Act to vest further power in the inferior courts of this State," respecting the fees of sheriffs and jailors, and all other acts militating with this law, be and they are hereby repealed. DAVID MEKiwjsTiiiiK, Speaker of the House of Representsh??< JOHN JONES, President of the Senate, pro* temporec Assented to, December 5, 1801. JOSIAII TATTNALL, jun. Gotesxok. (No. S3.) j^y y £, To Appropriate Monies for the Tear 1802. Sec. 1. J|E u enactcd ly t]ic Scnale ana jiouse of Representatives of the Stale App p . of Georgia, in General JLsscmbhj met, ami by the authority thcrcif, That the salary of the lions for the Governor shall he two thousand dollars per annum: the Secretaries of the Goternor, not jeai 1SG2. exceeding two, five hundred dollars each per annum; the Secretary of State tv<» hundred dollars per annum ; the Surveyor General two hundred dollars per annum; the Judges of the superior courts each, fourteen hundred dollars per annum; the Treasurer twelve hundred dollars per annum; the Attorney and two Solicit- ors General, each one hundred and fifty dollars per annum ; the Secretary of Senate, three hundred dollars per annum; the Clerk of the House of Representatives, three hundred dollars per annum; to the Comptroller General, six hundred dollars per annum; which said several sums shall he, and they are hereby appropriated fur their use, to le paid quarterly, by warrant from the Governor on the Treasurer, out of the taxes to be received for the years 1S01 and 1802; and the sum of fifteen thousand dollars as a eon- tingent fund, subject to the draughts of the Governor. PASSED IN THE YEAR 1801. 4t Sec. 2. And be it further enacted, That the President of the Senate, and the Spea- (No. 3.5.) ker of the House of Representatives, shall have each four dollars per day ; and the other tionsPhiTvor members of both branches of the Legislature, at and after the rate of three dollars per day ^sguntir> Per* each, for their coming to, attendance 011, and returning from the same; the Secretary of the Senate and the Clerk of the House of Representatives four dollars per day ; two Engrossing Clerks of the House of Representatives, four dollars per day; the Engross- ing Clerks of the Senate, four dollars per day; the Messengers and Door Keepers of botli branches of the General Assembly, three dollars per day; the Clerk of the House of Representatives and Secretary of the Senate, the sum of sixty-five dollars each for station- ary, fire-wood and other contingent expenses, incurred during the present session; to John Hammill, clerk to the committee on the State of the Republic, the sum of twelve dollars ; to E. B. Jenkins, clerk to the committee on Einance, the sum of forty dollars ; to Seaborn Jones, the sum of six hundred and twenty-three dollars eighty-seven and a half cents; the sum of five thousand dollars, subject to the order of the Governor, for Of the digest printing two thousand copies of Marbury and Crawford's Digest of the Laws of Georgia, which has been compiled and approved, agreeably to the direction of the act of the sixth of December, 1799; one thousand copies of which to be sold under the direction of the Executive, and the proceeds paid into the public treasury; the sum of four hundred and twenty-eight dollars, be and the same is hereby appropriated for the use of the county of Bulloch, to build a court-house and jail for said county ; to Mrs. Tliomison Gordon, the sum of four hundred and sixty-five dollars sixty-four and three quarter cents, it being the amount of a gratuity due from this State, to Colonel John White, an officer in the Georgia line; the sum of four hundred and sixty-five dollars sixty-four and three quarter cents, to Abraham P. Jones, in full for a gratuity due him as an officer in the Georgia line, agreeably to a joint resolution; to John Berrien, Esq. the sum of four hundred and sixty-five dollars sixty-four and three quarter cents, for his gratuity as an officer in the Georgia line; to the Adjutant General, the sum of three dollars per day, while in actual service; to Jacob Theiss, jailor of Chatham county, the sum of nineteen dollars ; to Archibald Beall, the sum of thirty dollars, for the maintenance of t wo old and infirm negroes, the property of this State ; the further sum of fifty dollars to Richard We a- tlierford, an invalid soldier; the sum of fifty dollars to Mrs. A. Jones, widow, and relict of James Jones, an invalid soldier, deceased, as a temporary support for herself and children; to Alexander MOIillan, one thousand and ninety dollms, it being a balance due him for printing in the year 1799, as reported by the committee on finance ; which said several sums shall be paid to the several persons herein named, out of any monies which now are, or may be paid into the treasury; the sum of five hundred dollars to be paid out of the contingent fund, for the payment of house-rent, Ac. for the me of the Executive. DAVID MERIWETHER, %«J.w of the Howie of J? JOHN J ONES, Trcsidimt of the Senate pro, tempore. Assented to, December 5,1801. JOSIAH TATTNALL? jun. Goveenoe. E 42 LAAVS OF GEORGIA, (No. 3i.) AN ACT To ratse a Tax for the support of Government for the year one thousand eight hundred and two.* Tax on Lands, "H) * _OE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority thereof, That a tax shall he levied and collected on all lands within this State, granted to, or surveyed for any person or per-- sons, in the following mode, to, wit<» Lands!10"On each and every acre of all tide swamp, (cultivated or uncultivated,) includ- ilig islands of the first quality, at three cents and seven mills per acre; of the second quality at two cents and three mills per acre 5 and of the third quality at seven mills per acre. On ail pine lands adjoining such tide swamp, or contiguous thereto, or within three miles of water carriage, at six mills per acre. On ail prime or inland swamp, (cultivated or uncultivated) of the first quality, at two cents and six mills per acre 5 of the second quality, at one cent and four mills per acre j and of the third quality, at six mills per acre.- On all pine lands adjoining or contiguous thereto,, at one mill and an half per acre 5 on all salt marsh, one and a half mills per acre., On all high river swamp or low grounds, (cultivated or uncultivated) including islands, including such as are called second low grounds, lying above Ahercorn creek, and as high as the mouth of M'Bean's creek, on Savannah river, of the first quality, at one cent and nine mills per acre; of the second quality, at one cent and two mills per acre j and ©f the third quality at six mills per acre. On all high river swamp, as aforesaid, lying above M'Bean's creek, and as high as the mouth of Rae's creek, of the first quality, at two cents and nine mills per acre 5 of the second quality, at one cent and nine mills per acreand of the third quality, at eight and an half mills per acre. On all high river swamp, as aforesaid, lying from the mouth of Rae's creek, to the mouth of Broad river, on Savannah river, of the first quality, at one cent and five mills per acre ; of the second quality, at eight and an half mills per acre; and of the third quality, at two and an half mills per acre. * This act revived and continued by aet of 1802, No. 67—with the exceptions therein contained, and amend- ments—then revived and continued by act of 1803, No. 127, with amendments. PASSED IX THE YE All ISM. On all oak and hickory lands, (cultivated or uncultivated) including islands from the mouth of Itae's creek to the mouth of Broad river, and within one mile of Savannah river, of the first quality, at six mills per acre; of the second quality, at two and an half mills per acre; and of the third quality, at one and an half mills per acre. On all oak and hickory lands, including islands, (cultivated or uncultivated) from the mouth of Broad river, up the Savannah river, and within one mile of the same, and up Tugolo river, to the marked line on said stream, of tlie first quality, at four and one quarter mills per acre ; of the second quality, at two and an half mills per acre; and of the third quality, at one mill per acre. On all oak and hickory lands, including islands, (cultivated or uncultivated) from the mouth of Broad river, to the marked line on tlie head thereof, of the first quality, at four and one quarter mills per acre,* of the second quality, at two and an half mills per acre ; and of the third quality, at one mill per acre. On all high river swamp or low grounds, including islands, (cultivated or uncultivated) from Fort Argyle to the mouth of Buck-Head creek on Ogecliee river, of the first quality, at seven and a quarter mills per acre ,* of the second quality, at four and one quarter mills per acre ; and of the third quality, at one and an half mills per acre. On all oak and hickory lands, as aforesaid, from the mouth of Buck-Head creek to the head of Ogechee river, of the first quality, at six mills per acre; of the second quality at two and an half mills per acre ; and of the third quality, at one and an half mills per acre. On all high river swamp, or low grounds, including islands (cultivated or uncultivated) from the mouth of Buck-Head creek, to the head of Ogechee river, of the first quality, at six mills per acre; of the second quality, at two and an half mills per acre: and ©f the third quality, at one and an half mills per acre. On all high river swamp (cultivated or uncultivated) including islands from Cat-Head on the river Alatamaha to the mouth of Oconee river, of the first quality, at eight and an half mills per acre; of the second quality, at four and one quarter mills per acre; and of the third quality, at one and a half mills per acre. On all high river swamp or low grounds as aforesaid, from the mouth of Oconee river, along the northern stream, on the north side of the Indian temporary line, to the con- fluence of the Oconee and Apalackee, or South Fork, of the first quality, at one cent and two mills per acre; of the second quality, at six mills per acre; and of the third quality; at one and an half mills per acre. LAWS OF GEORGIA, (No. 31.) On all river swamp, as aforesaid, from the confluence of the Oconee and Appalachee rivers, upwards, oil the north side of the Indian temporary line, of the first quality, at seven and an half mills per acrc^ of the second quality, at five mills per acre \ and of the third quality, at two and an half mills per acre. On all oak and hickory lands throughout this State, of the first quality, at four and a quarter mills per acre ; of the second quality, at two and a quarter mills per acre ; and of the third quality, at one and a quarter mills per acre. On all oak and hickory lands, including islands (cultivated or uncultivated) above the flowing of the tide, on all rivers from Cat-Head on the river Alatamaha, to the river St. Mary's, inclusive, to the marked line aforesaid, of tbo first quality, at two and an half mills per acre; of the second quality, at one and an half mills per acre; and of the third quality, at three quarters of a mill per acre. On all lands on the Sea Islands, or lying contiguous to the sea-shore, usually cultivated or capable of cultivation, in corn, indigo, or cotton, of the first quality, at one cent and five mills per acre ; of the second quality, at eight and an half mills per acre; and of the third quality, at four mills per acre. On all other pine lands throughout the state, at three quarters of a mill per acre. Sec. 2. And be it further enacted, That the sum of thirty-one and a quarter cents shall be levied 011 all free male white persons, of the age of twenty-one years and upwards in llils State; and the sum of thirty-one and a quarter cents on all negroes and other slaves under sixty years, within the limits of the same; and the sum of thirty-one and a quarter cents on every hundred dollars value of every wharf, or other lands not herein already enumerated, and all other l>wMings within the limits of any town, village, or buvrough within the samo; tiie sum of thirty-one and a quarter cents upon all male free negroes, mulaltoes and mustizoes, from the age of twenty-one years and upwards, over and above the taxable property they may be possessed of; and the sum of thirty one and a quarter cents shall be levied on every hundred dollars value of all persons' stock in trade, shop-keepers and others, to be computed at prime costs, and the return to be made on oath, that the stock in trade so returned, is the highest estimation of the stock in such persons possession, at any time not exceeding three months prceced- ing the time appointed by this law for such stock in trade to be estimated and returned ; (the sum of one dollar on all four wheeled carriages (waggons excepted) and the sum of ^fty cetits on all two wheeled carriages, (carts and drays excepted) the sum of four dollars on all practitioners of law or physic ; and the sum of fifty dollars on all billiard bles ; and the sum of one thousand dollars on E, O, tables, or other instruments of ^ like construction, for the purpose of gambling; and whenever it shall so happen that person or persons owning or holding such table in possession, refuse legally to return Pole and other taxes. PASSED IN THE YEAR 1801. 45 suck fable or tables, or after returning the same, shall neglect or refuse to pay '(No. 3 k) the tax thereon, when thereunto required, it shall be, and is hereby made the duty of the collector of tax, to levy on said table or tables, or instrument, and expose the same to public sale, after giving such notice as is required for the sale of personal property $ and should the said table or tables after being set up for sale, not sell for the full tax due on the said table or tables, that then all the property of the owner or owners shall be liable for the taxes aforesaid $ and further, the person or persons owning such table or tables, is hereby made liable to return and pay the like tax in every county in this Stat e, wherever he, she or they may carry the same. That the tax on E, O, and billiard tables may be levied and collected at any time after the passing of this act, wherever such tables may be found; but if the tables should be secured so that they cannot be come at, then the collector shall levy on any other property belonging to the said owner or owners, and every tax collector is hereby required io proceed Immediately against persons- keep- iug such tables, as is directed in eases of non-payment of taxes on other property. The sum of four dollars on all factors and brokers; and on all wares, liquors, and rner- cliandizc sold, bargained or trafficked for by such factors and brokers, the sum of eighteen and three quarter cents on every hundred dollars by them sold or dis- posed of, to be given in upon oath; and the sum of fifty cents on every hundred dollars of the funded stock of the United States, to be given in by the holders thereof in like manner as stock in trade. Provided nevertheless, That in all cases of extreme indigence or infirmity, the inferior court of each county shall be, and they are hereby authorized, to remit the poll tax upon such indigent or infirm person claiming the same. Sec. 3. JLnd be it f urther enacted, That the following sums shall be paid oil all Tay on suits, . . , ^ ' ° 1 and the duty suits iierealter commenced in the superior, inferior or mayor's courts, where the debt or of the Clerks. damages sued for, shall not exceed one hundred dollars, the sum of fifty cents ; above one hundred and not exceeding three hundred, one dollar; above three hundred, and not exceeding five hundred dollars, one dollar and fifty cents; and on all sums above five hundred dollars,* two dollars, to he paid to the clerk by the plaintiff, before the suit or process issues, for the use of the State; which sum shall be taxed in the bill of costs:—. And the clerks of the respective courts of all the counties in this State, are hereby re- quired to make annual returns to the Comptroller on oath, on or before the first day of January in every year, of the number of suits commenced, and the sums received threon; and shall at the same time remit to the treasurer the amouut of such return, deducting five per centum; and any clerk failing to make such returns, and pay or remit the monies as «?uiis aforesaid, shall on complaint made by the Treasurer, to the judge or justices of their re- act> speetive courts, be liable to a writ of attachment for contempt, and fined at the discretion of the court, and continuing in default, he dismissed from office, and suffer execution from the Treasurer, in like manner as tax collectors. * See act of 1802, No. 67.—'Where no suits are taxed unless the debt or damages sued for exceed 500 dollars. 46 LAWS OF GEORGIA, (No. Si.) Sec. i. And be it further enacted, Tliat on the first Monday in January annually, point the reiJ" ^ie jus^ccs °f the inferior courts and the justices of the peace of the respective counties ceivers and of this State, shall be and they are hereby authorized and required to elect the receiver or receivers of tax returns (as the case may be) for the time being, and collectors of taxes in their respective counties.* Sheriffs to ®EC* it further enacted by the authority aforesaid, That it shall be the givepossjs- duty of the sheriffs of the respective counties of this State, and they are hereby autho- ij0soidPbyPer rized and required, when a sale shall have taken place, under and by virtue of an exe- ingto^efoidt- cu^011 issued by the Treasurer of the State, under the directions of this act, against i^g;collectors, any defaulting tax collector, and the property of such defaulting lax collector shall have been sold for monies due the State, to deliver the possession of the property so sold to the purchaser or purchasers thereof, and if the said defaulter or any other person or persons who may be in possession of the said property so sold, shall refuse to deliver up the same upon being called on by the Sheriff of the county for that purpose, it shall be the duty of such sheriff, and he is hereby required to dispossess the said defaulting tax collector, or any other person or persons who may be in possession of the property sold, and deliver the same to the purchaser or purchasers thereof, their agent or attor- ney; for which purpose, if needful, he shall call on the commanding officer of the militia of the county where the property is situated, to render the necessary assistance, who is hereby required to order out the same, Sec. 6. And be it further enacted, That the same rules and regulations for carrying Receiver to this act into effect, shall be observed, as are laid down for carrying into effect the tax turns tcfthe year one thousand seven hundred and ninety-seven ; except the returns of Comptroller, receiver of tax returns; and they shall be returned to the Comptroller-General. Provided, That no sales which shall be made under this act, of property belonging to orphans, shall have any effect. DAVID MERIWETHER, Speaker of the House of Representative?, JOHN JONES, President of the Senate, pro tempore. Assented to, December 5, 1801. JOSIAH TATTNALL, jun. Govehsoe. * Receivers and Collectors elected by the people.—See act of 1810, No. 554. PASSED IX THE TEAR HOI. 17 IN THE HOUSE OF REPRESENTATIVES, DECEMBER 2d, 1S01. RESOLVED, That the Honorable John Millebge, one of the representatives ©f this State, in Congress, be and he is hereby appointed a commissioner on the part of this State, to carry into effect the act, entitled, « An Act to amend an Act to carry the 23d section of the first article of the constitution into operation," so far as relates to -the powers vested by the same in the Honorable Abraham Baldwin, James Jones and Benjamin Taliaferro, Esquires, commissioners on the part of Georgia, to make a cession of part of the unlocated territory of the said State to the United States, passed at Louisville, the 2d day of December, 1800, in the room of James Jones, Esquire, deceased. Read, and agreed to. DAVID MERIWETHER, Speaker of the House of Representative. Test—IIixes Holt, CXk. In Senate, read anil concurred in. JOHN JONES, President of the Senate, pro. tempore. Test—William Robertson, Secretary Executive Department, December 5th, 180L Presented and approved, JOSIAH TATTNALL, jun. Govern or 3, Test—G. R. Clayton, Secretary. 1AWS OP GEORGIA, (No. 35.) AN ACT To ratify and confirm certain articles of agreement and Cession entered into oil the 21th day of Jlpril, 1S02, between the Commissioners of the Slate of Georgia on the one pari, and the Commissioners of the United Stales on the other part. Preamble. Articles of agreement and cession. HERE AS the Commissioners of the State of Georgia, to wit: James Jackson, Abraham Baldwin, and John Millcdgc, duly authorized and appointed by, and on the part and behalf of the said State of Georgia; and the Commissioners of the United States, James Madison, Albert Gallatin, and Levi Lincoln, duly authorized and appoint- cd by, and oil the part and behalf of the said United States, to make an amicable settlement of limits, between the two Sovereignties, after a due examination of their respective powers, did, on the 2ith day of April last, enter into a deed of articles, and mutual cession, in the words following, to wit: Articles of agreement and cession, entered into on the twenty-fourth day of April, one thousand eight hundred and two, between the Commissioners appointed on the part of the United States, by virtue of an act entitled, " An act for an amicable settlement of limits with the State of Georgia, and authorizing the establishment of a govern- ment in the Mississippi Territory and of the act supplemental to tlie last mentioned act on the one part; and the commissioners appointed on the part of the State of Georgia by virtue of an act entitled, " An act to carry tlie twenty-third section of tlie ilrst article of the constitution into effect," and of the act to amend the last mentioned act on the other part. ARTICLE 1st. Article 1. Tlie State of Georgia cedes to the United States, all the right, title and claim, which the said State has to the jurisdiction and soil situated within the boundaries of the United States, south of the State of Tennessee, and west oC a line beginning on the western bank of Chatahouchie river, where the same crosses the boundary line between the United States and Spain, running thence up the said river Cliaiahouehie, and along the western hank thereof, tz the great bend thereof, and next above the place where a certain creek or river called Uehee, (being; the iirst considerable stream on tlie western side, above the Cussetas, and Coweta towns,) empties into the said Chatahouchie river; thence in a direct line to Nickajack, on Tennessee river, then crossing the said last mentioned river, and thence running up the said Tennessee river, and along the western bank thereof, to the southern boundary line of the State of Tennessee, upon the following express conditions, and subject thereto—that is to say:— Fiest.—That out of tlie first licit proceeds of the sales of ihe lands thus ceded, which nett proceeds shall be estimated by deducting from the gross amount of sales, the expenses incurred in surveying, and incident to the sale, the United States shall PASSED IN THE TEAR m-2, pay at their treasury, one million two hundred and fifty thousand dollars, to the State (>,o. ?>o.* of Georgia, as a consideration for the expenses incurred by the said State, in relation to the said territory; and for the better securing as prompt a payment of the said sum as is practicable, aland office for the disposition of the vacant lands thus ceded, to which the Indian title has been, or may hereafter be extinguished, shall be opened within u twelvemonth, after the assent of the State of Georgia to this agreement, as hereafter stated shall have been declared. S^coxdLy.—That all persons who, on the twenty-second day of October, one thousand 2i Contu^v seven hundred and ninety-five, were actual settlers within the Territory thus ceded, shall be confirmed in all the grants, legally and fully executed prior to that day, by the former British government of West Florida, or by the government of Spain, and in the •laims which may be derived from any actual survey, or settlement made under the act ©f the State of G eorgia, entitled, « An act for laying ©ut a district of laud situate on the liver Mississippi, and within the bounds of this State, into a county to he called Bourbon,*' passed the seventh day of February, one thousand seven hundred and eighty-five. Thirdly."——That all the lands ceded by this agreement to the United States, shall 3d condition, after satisfying the above mentioned payment of one million two hundred and fifty tliou- sand dollars to the State of Georgia, and the grants recognized by the preceding condi- tion, be considered as a common fund for the use and benefit of the United States. Georgia included, and shall be faithfully disposed of for that purpose, and for no other use or purpose whatever. Provided however, That the United States for the period and until the end of one year after the assent of Georgia to the boundary established by this agreement shall have been declared, may in such manner as not to interfere with the above mentioned payment to the State of Georgia, nor with the grants herein before recognized, dispose of or appropriate a portion of the said lands not exceeding five millions of acres, or the proceeds of the said five millions of acres, or of any part there- of for the purpose of satisfying, quieting or compensating for any claims other than those herein before recognized, which may be made to the said lands or to any part thereof.—It being fully understood that if an act of Congress making such disposition or appropriation, shall not be passed into a law within the above mentioned period of one year, the United States shall not he at liberty thereafter to cede any part of the said lands on account of claims w hich may be laid to the same, other than those recognized by the preceding condition, nor to compensate for the same; and in ease, of any such cession or compensation, the present cession of Georgia to the right of the soil thus ceded or compensated for, shall he considered as null and void, and the lands thus ceded or compensated for, shall revert to the State of Georgia. Fourthly.—That the United States shall at their own expense extinguish for the use of Georgia, as early as the same can he peaceably obtained on reasonable terms, the 4thcbnditi«n. G 50 LAWS OP GEORGIA, (No. 35.) Indian title to the county of Tallassee, to the lands left out hy the line drawn by the Creeks in the year one thousand seven hundred and ninety eight, which had been previ- ously granted by the State of Georgia ; both which tracts had formerly been yielded by the Indians ; and to the lands within the forks of the Oconee and Oakmulgee rivers ; for which several objects the President of the United States has directed that a treaty shall be immediately held with the Creeks, and that the United States shall in the same man- ner extinguish the Indian title to all the other lands within the State of Georgia. 5th Condition. Fifthly.—That the territory thus ceded shall form a State, and he admitted as such into the Union, as soon as it shall contain sixty thousand free inhabitants, or at an earlier period if Congress should think it expedient, on the same conditions and restrictions, with the same privileges and in the same manner as is provided in the ordinance of Congress of the thirteenth day of July, one thousand seven hundred and eighty-seven, for the govern- ment of the western territory of the United States, which ordinance shall in all its parts extend to the territory contained in the present Act of Cession, that article only excepted which forbids slavery. ARTICLE 2, Article 2& The United States accept of the cession above mentioned, and on the conditions therein expressed, and they cede to the State of Georgia whatever claim, right or title they may have to the jurisdiction or soil of any of the lands lying within the United States and out of the proper boundaries of any other States, and situated south of the southern boundaries of the States of Tennessee, North-Carolina and South-Carolina, and east of the boundary line herein above described, as the eastern boundary of the territory ceded by Georgia to the United States* ARTICLE 0esen^ ae^ ec&s^n ai1^ agreement, shall be in full force as soon as the Legfe» ° lature of Georgia shall have given its assent to the boundaries of this cession. Provided, that the said assent shall he given Within six months after the date of these presents And Provided, that Congress shall not during the same period of six months repeal so much of any former law as authorizes this agreement, and renders it binding and con- elusive on the United States. But if either the assent of Georgia shall not be thus given, or if the law of the United States shall he thus repealed within the said period of six months, then and in either case these presents shall become null and void. IN faith whereof, the respective commissioners have signed these presents, and affixed hereunto their seals. Done at the City of Washington, in the District of Columbia, this twenty-fourth day of April, one thousand eight hundred and two*. PASSED IN THE YEAR 1802. si JAMES MADISON, (i. s.) Commissioners on the part of (No. 35.) ALBERT GALLATIN, (u s.) j, m ^ ^ LEVI LINCOLN, (i. s.) J JAMES JACKSON, (t. s.) Commissioners on the part of ABRAHAM BALDWIN, (l. s.) A Georgia. JOHN MILLEDGE, (i. s.) J Witnesses.* " J. FRANKLIN, Senator of the U. S. from North-Carolina, SAM. A. OTIS, Secretary of the Senate of the United States. JOHN BECKLEY, Clerk of the House of Representatives of the United States. JB E it enacted by the Senate and House of Representatives of the State Act ta patify of Georgia, in General Assembly met, and by the authority thereof, That the said deed op "JjJ forgoing- articles of agreement and cession, be and the same hereby is and are fully, absolutely articles, and amply ratified and confirmed in all its parts, and hereby is and are declared to be binding and conclusive on the said State, her government and citizens forever. ABRAHAM JACKSON, Speaker of the House of Representatives. WILLIAM BARNETT, President of the Senate. Assented to, June 16th, 1802. JOSIAH TATTNALL, Jwu Govbbwoi?*, lAWti OF GEOTHiX (No. 3d.) AN ACT Authorizing the Electors in the several coimlkS in Ihis Slate lo elect four persons lo represent them in the House of Representatives of the United Slates. IIEEEAS by the late enumeration of the inhabitant* of the United States, this State is entitled to four members in the House of Representatives of the United States j Preamble- Apportion- ^>jE ^ therefore enacted by the Senate and House of Representatives of the State of ment of Re- Georgia, in General Assembly met, That at the general election which shall be held for presentatives ° , t» Corgitss. members of the State Legislature, on the first Monday in October next, and at every second general election thereafter, the electors at sucli elections shall be entitled to vote for four persons to represent this State, in the Ilouac of Representatives of the United States, under such rules and regulations, as are prescribed by the election laws of this State now in force. ABRAHAM JACKSON, Speaker of the House of Representatives* WILLIAM BARNETT, President of the Senate. Assented to, June 16, 18G2. JO SI All TATTNALL, jun. Governor* No. 37.) AN ACT To authorize Redden and Malachi Moye, to bear the name of Denmark. Preamble. IIEREAS Redden and Malaclii Moye, have generally been called and known by the name of Redden Denmark and Malaclii Denmark, and under those names have made various contracts and engagements: And whereas, it is their wish and desire to bear the name of Denmark, and to be authorized and confirmed therein by law. BE it therefore enacted by the Senate and House of Representatives of the Slate of rf thenTme'of Georgia, General Assembly met, and by the authority of the same, That the said Redden Redden and and Malaclii, be fully authorized to bear, use and retain tlie name of Denmark, and to tiVat"fDwa- they arc hereby confirmed therein. And all contracts and engagements made by then* mrk* or either of them under that name, shall be equally valid to all intents and purposes, ^ PASSED IN THE YEAH 1802. 53 if the same had been or were made in the name of Moye, any thing to the contrary (No. 37.) notwithstanding. ABRAHAM JACKSON, Speedier of the House of Representatives* DAVID EMANUEL, President of the Senate. Assented to, November IS, 18G2, JOHN MILLED GE, GOVEJIXOIG AN ACT 38^ To quiet the claim of James Gunn, to the estates* real and personal, of General James Qunn, deceased, IIESEAS it has been represented to this Legislature, that Brigadier General James Gunn, died testate ,* and it appearing from the strongest presumptive testimony, Plcanij3le* that he left a will and testament, hut that the same has been lost or destroyed, so that there is no probability of its being found; And whereas it also appears to have been the wish, desire and intention of the said General James Gunn, that his nephew, James Gunn, of the State of Virginia, should inherit, possess and enjoy, his estate, real and personal. Kec. 1. BE it therefore enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That all the estate, both real and personal, of the said Brigadier General James Gunn, and which he died possessed of, or was entitled to in this State, shall go to and be vested in the said James Gunn, (the nephew of the said Brigadier General James Gunn.,) to hold to him, Ills heirs and assigns, for ever; subject nevertheless, to the payment of all just debts, due and owing from the estate of the said Brigadier Genera! James Gunn. Property of General Gunn vested in Lis nephew. Sec. 2. And be it further enacted, That all suits, or proceedings in law or equity in which this State may be a party, touching the said estate, real and personal, of the o?"the* said Brigadier General James Gunn, under or by virtue of the escheat law, passed last Stale's right session, shall cease, determine, and he utterly null and void, any thing in the said escheat thciCk°4 law contained to the contrary notwithstanding. ABRAHAM JACKSON, Speaker of the House of Representatives* DAVID EMANUEL, Prwidcnf «f !?<« Hateti. Assented to, November 22, 1802. JOHN MILLED GE, Goyernok, 5* LAWS OF GEORGIA, (No. 33.) * AN ACT To secure io Nathaniel Twining, his heirs and assigns, for ihe term of ten years, the sole and exclusive right of running a line of stage-carriages, between the city of Savannah and town of St* Alary* s. Seg* ±m JlBE it enacted by the Senate and House of Representatives of the State of thanlei1 twin- Georgia, iii General Assembly met, and by the authority of the same, That Nathaniel puweTtonma Twining, his heirs and assigns, shall have the sole and exclusive right of running a line ime of stages, of stage carriages for the conveyance of passengers and their baggage between the city of Savannah and town of St. Mary's, in this State, by tbe way of Darien, or such other rout as the post-road from one place to the other may he established and laid out, for the term of ten years, to commence on the iW day of January, which will be in the year of our Lord, one thousand eight hundred and three. Sec. 2. And whereas, there is not at present a convenient post-road leading from the To carr *ovm Garlen io ^he town of St. Mary's: Re it therefore further enacted by the authority pass r -j s aforesaid, That the said Nathaniel Twining, his heirs and assigns, shall have the sole by water a!,<* exclusive right of conveying passengers and their baggage for hire, between the said town of Darien and St. Mary's by water, until a post-road is laid out and established from the said town of Darien to St. Mary's, or until a post-road is laid out and established from the city of Savannah to the tow n of St. Mary's, by some other route than that by Darien. Sec. 3. And be it further enacted, That if any person or persons shall within the said term of ten years, presume to run any stage-carriage or carriages, in any manner Penal Lv for » • , l>ve*rh of this for fare or hire, between the places aforesaid, or shall presume to convey any passcn- lasv gcrs by water for fare or hire, between the tow n of Darien and St. Mary's, so as to abridge the right granted by this act to the said Nathaniel Twining, without the consent or concurrence of the said Nathaniel Twining, under his hand and seal first obtained, every such person or persons so ©trending, shall forfeit and pay to the said Nathaniel Twining, his heirs and assigns, double the amount of the sum demanded or received by such person or persons, to be recovered by the said Nathaniel Twining, or his legal representatives by action of debt, before any magistrate or court having cognizance thereof. Provided nevertheless, That the said Nathaniel Twining, shall within the term of five months from the passing of this act, commence and put in practice the running the said line of stage carriages, and also, commence and put in practice the water car- riage aforesaid, and continue the same at least once a week, between the said places, and to the end of the time aforesaid. Provided, that the said Nathaniel Twining, do give bond to his Excellency the Governor, in the sum of three thousand dollar's, with good and sufficient security, for the running of stages for the aforesaid term. ABRAHAM JACKSON, Speaker of the Rouse of Repr mutative?, DAVID EMANUEL, President of the Senate. A"werJed to, November 25, 1802. JOHN MILLEDGE, Governor, PASSED IN THE YEAR 1805!, Rates of ferrl- AN ACT (No. 40-) To vest Niehol Turnbull, with the exclusive right of keeping a Ferry from New-Bept• ford, to the Carolina side of the Fiver Savannah, where the new Charleston road will strike the same. " Sec. 1. if enacfe(i iy f]xe Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, That a public across Ferry shall be, and the same is hereby established, upon Savannah River, from the Savannah ri- plantation of Niehol Turnbull, to the place where the public road leading from Charleston, e(i through Tunbridge to Savannah, shall strike said river on the opposite side ', which said ferry, is hereby vested in the said Nicbol Turnbull, his lieirs, executors, administrators whom vested* and assigns, for the term of ten years next ensuing the passing of this act. Sec. 2. And be it further enacted by rhe authority aforesaid, That the saidNichol Turnbull, his heirs, executors, administrators and assigns, shall be, and they are hereby required, to keep in repair the road and causeway on his plantation aforesaid, leading to Savannah river, and to provide and keep one or more good and substantial boat or boats, ft to carry six horses at the least, and one white man, as also a sufficient number of slaves or servants, to attend the said ferry, as well by night as by day, to carryover the said passengers, their servants, slaves, horses, cattle, carriages, &c. And that it shall and age. may be lawful to, and for the said Niehol Turnbull, his heirs, executors, administrators and assigns, as aforesaid, to ask, demand, and receive, for the said ferriage, the several prices and rates following, and no more, that is to say:—For every foot traveller, thirty- seven and an half cents; for each person and horse, sixty-two and an half cents$ for every wheel carriage, per wheel, thirty-seven and an half cents; for every single horse, fifty cents ; for neat cattle, per head, thirty-seven and an half cents •, for calves, goats,, sheep or hogs, each twelve and an half cents. Sec. 5. And be it further enacted, That in ease any person or persons, going to the said ferry, in order to pass the same, shall, after tendering the ferriage as settled by this act, meet with delay, proceeding from negligence or other improper conduct, in not v^i/The giving the due attendance required by this act, the said Niehol Turnbull, his lieirs, !trr-• executors, administrators, and assigns, shall forfeit and pay for every time such delaj shall happen to the person or persons so delayed, a sum not exceeding three dollars for every hour, to be recovered upon proof thereof, before any justice of the peace, For the county of Chatham, by warrant under tlie hand and seal of the said justice. Provided, That the person so delayed, shall make complaint within one month next after such delay shall have happened $ and all former acts relating to the said ferry, shall be and are hereby repealed. ABRAHAM JACKSON, Speaker of the House of Representatives. DAV ID EMANUEL, President of the Senate. Assented to, November 25, 1802. JOHN MXLXJSDGE, Goyeexor, L VWS OF GEORGIA, (No. 410 AN ACT To amend an act, entitled " Jin Act to authorize John Martin Dasher, to keep open and improve the navigation of Ebenezcr Mill Creek, and erect mills thereon Preamble. ueREAS a number of tbe inhabitants of the county of Effingham, liave petitioned ibis Legislature, io amend an act passed tbe first day of December, 1801, entitled " An Act to autborize John Martin Dasher, to keep open and improve tbe navigation ofEben- ezer Mill Creek, and to erect Mills thereon," eat Forfeiture in -EE it therefore enacted by the Senate and House of Representatives of the ^iiUCreekZ under wliicli any party in a case may claim title, except such evidence of a jury. title as may be barred by the act of limitation. ABRAHAM JACKSON, Speaker of the House of Representatives* DAVID EMANUEL, President of the Senate. Assented to, November 26, 1802. JOHN MILLED GE, Governor, PASSED EN THE TEAR 1802, §7 AN ACT* (No. 43.) To establish afunilforihe redemption of the Public Debt of this State. HEREAS justice and good faith require, that the outstanding debts due by this Preambu. State should be paid off and discharged. Sec. 1. BE it therfore enacted by the Senate and House of Representatives of the State Debt* for, and of Georgiain General Assembly met, and by the authority of the same, That from and p"op^t^dSet immediately after the passing of this act, all debts due to this State by bond or otherwise, for confiscated property, and all confiscated property yet remaining unsold, and not other- the Public wise specially appropriated, shall be established and set apart as a fund for the paying and redeeming the Public Debts due by this state ; and all monies hereafter collected for confiscated property, shall be deposited in the Treasury of this State, and the Treasurer shall annually pay to each creditor, his attorney, agent or representative, a just portion of his debt or demand against this State, in proportion to the whole of the demands ; and the quantity of money received as aforesaid, and until all the Public Debt is paid off and discharged.! Sec. 2. And be it further enacted, That James Bird, "William Robertson, and c ^ Hines Holt, be and they are hereby appointed Commissioners, and they or a majority of ers of confis. them, arc hereby authorized to sell and dispose of all such confiscated property, as yet ty^appointed" remains unsold, and also of all such confiscated property that has or may revert to the State, on aecount of the terms of former sales not being complied with, and the said commissioners are hereby authorized to receive in payment, any cash demands agains* Their dut this State, which have been liquidated by the Comptroller General, (Wade and O'Brian's certificates excepted.) Provided, that they and each of the commissioners aforesaid, do give bond and security to his Excellency the Governor, in the sum of ten thousand dollars, for the faithful discharge of their duty. Sec. 3. And be it further enacted, That all sales of property made by virtue of where sales this act, shall be at the seat of Government of this State, and between tbe hours of and^ow^ad- twelve and three o'clock in the afternoon, and that That from and after the passing of this act, the punishment to he imposed upon any person who shall he convicted under the first article of the said recited act, shall be- by fine and imprisonment, or either at the discretion of the judge, vrrToffence0* ^EC* 2* be it farther enacted, That the penalty for every offence in the third ar- u> increase. tide described, shall continue to increase in the same ratio therein prescribed, and that one half of the fine so inflicted shall go to the informer, the other half to the county in which the offender or offenders reside. Proriie. Provided nevertheless, That nothing herein contained shall be «o construed, as to bar either party when charged as aforesaid, from offering exculpatory testimony to the magi- strate, in the first instance of the charge exhibited; who may exercise his discretionary power, after due enquiry being had, either to discharge or recognize both or either of the parties charged as aforesaid, in conformity to the intent and meaning of this act; anything to the contrary notwithstanding. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate Assented to, November 26, 1802. JOHN MILLEDGE, GOVEBNOK. * See act of 1809, No. 422, pointing out the method of prosecuting the bonds given for mainten&wc tf Mtards, and how the same is to be appropriated, and to whom the bonds are to be Tf turned when taken. passed in the tear 18(52. §1 an act (no- «"•) To divorce and separate John Mulkey, and Charity, his wife. "Whereas the ninth section of the third article of the Constitution, doth authorise rre*mbW divorces upon legal principles:—And whereas, John Mulkey* and Charity, his wife, have had a fair trial in the Superior Court of the county of Montgomery, and a verdict given* authorizing and recommending a divorce by the legislature. Sec. 1. BE it enacted by the Senate and House of Representatives of the State of Geor- gia, in General Assembly met, and by the authority of the same, That from and immedi- ately after the passing of this act, the matrimonial connection, and civil contract of vor«cd. matrimony made between the aforesaid John Mulkey, and Charity, his wife, shall be •ompletely annulled, set aside, and dissolved, as fully and effectually as if no such con- tract had been made and entered into between them. Sec. 2. And be it further enacted, by the authority aforesaid, That the said John Mulkey, and Charity, shall in future be deemed and considered as distinct, and separate 1g;e persons, altogether unconnected by any mistical union or civil contract whatever at any time heretofore made or entered into between them. ABRAHAM JACK SOX, Speaker of the House of Representatives, DAVID EMANUEL, President of the Senate, Assented to, November 26, 1802. JOHN MELLEDGE* Governor. AN ACT (No. 48.) Appointing the time for holding the Inferior Courts of the County of Tattnall. HERE AS no time has been fixed by law for holding the Inferior Courts in the Jreunbto. County of Tattnall, to the manifest injury of its inhabitants, the internal police of the tounty, and the procrastination of judicial proceedings. BE it therefore enacted by the Senate and House of Representatives, in General Assem- ]loSesTatT hly met9 and by the authority of the same. That the Inferior courts of said county, shall 'werior" courts. LAWS OF GEORGIA*' (No. 48.) be liolden in said county from and after the present date, on the first Monday in March and August next, and annually on those days thereafter. ABRAHAM JACKSON, Speaker- of the House of Rq/re,s?pJuiives* DAVID EMANUEL, President of the Senate. Assented to, November 26, 1802. JOHN MILLEDGE, Govjmutob. AN ACT (No. 49.) To auihorixc the Commissioners of the Academy of M'lntosh county, to dispose of certain land. SEC. , it ehactcd hj the Senate and House of Representatives of the Slate of Georgia, in General Assembly met, and by the authority of the same, That the commissi- Commission, oners of the M'Intosh county Academy, or a majority of them, are hereby fully autho- as what to do rizC(j sc]} an(i dispose of, to and for the use of the said Academy, all and singular such lands as were purchased for the use of said Academy at the confiscated sales, and the said commissioners or a majority of them, are hereby authorised in case they shall find the same most advantageous to the interest of said academy, to dispose of the said land or any part, for at least one fourth cash, the remainder payable by instalments, not excee- ding three years with interest on the same, taking bond and mortgage on the premises to secure the payment of the same. Axn whereas, there are certain unappropriated lands in and adjacent to the town called Darien, in the county aforesaid, the proceeds of which may assist in promoting the said institution:-— Sec. 2. Be it therefore enacted by the authority aforesaid, That the said com- eant^and^un- ^^sbmers, are hereby fully vested in fee simple, to and for the use of said academy, appropriated with all the lots of land and appurtenances thereto belonging:, in the town of Darien, lands for the 11 .» »isc of said A- comprising all vacant lands laid out and established as a town by that name, under the r.'udemy. authority of General Oglethorpe, which allotment is hereby confirmed; and the said commissioners, or a majority of them, are authorized to make sale of said lots and appurtenances, in the same manner and on the same terms as they are authorized to sell PASSED IN THE YEAH 1802, the lands of the academy, or in such manner as they or a majority of tjiem may deem H(No. 49.) most conducive to the interest of the said institution. ABRAHAM JACKSON, Speaker of the House of Representatives. DAYID EMANUEL, President of the Senate, Assented to, November 26, 1802. JOHN MILLEDGE, Governor. (No. 50.) AN ACT To authorize the Commissioners of the. torcn of JFrederica, in the county of Glynn* to lay of a row or range of water lots, and for disposing of the same. HERE AS it is found by experience, that the front range of lots in the town of Erederica, is too distant from the water, for the convenient storage or shipping of pror duee or the landing of goods imported to that place—for remedy whereof: Sec. 1. RE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, That the coirir commission- missioners of the said town of Frederic a, or a majority of them, are hereby autlio- «'s to lay off rized and empowered, to cause a range of lots to be laid off in front. of said town, commencing at low water mark, and running back so far as to leave a street eighty feet between the present front range of lots and those to be laid off. Sec. 2. And be it further enacted, That when the lots are so laid off, the said com- snissioners are hereby authorized to sell all the lots to he laid off as herein before ^ots to pointed out, at public auction, first giving sixty days notice in one of the public gazettes of Savannah, and at three or more public places in said county, and the money ari- sing from such sale, after defraying all the expenses of such survey, shall be paid : over to the commissioners of the academy of said county of Glynn, which shall he by them applied to, and for the use of said institution. Sec. 3. And be it further enacted, That when the lots arc so laid off, the coin- " TV-us of the missioners shall cause two correct plans thereof, to be laid down and certified by the s.. a 10.610 be 3.'.l-.de out. 64 LAWS OF GEORGIA. (No, 50.) surveyor, one of which shall he transmitted by them to the Surveyor General, to be recorded in his office, and the other to bo delivered to the county surveyor of said county, to bo recorded by him in his office. ABRAHAM JACKSON, Speaker of the House of Representatives* DAVID EMANUEL, President of the Senate. Assented to, November 26, 1802. JOHN MILLEDGE, Govehwok. (No. 51.) AN ACT* To authorize and empower the Trustees of the German Congregation in Ebenezer, to sell and convey a certain tract of land therein mentioned. W. HERE AS the German Congregation in Ebenezer, in the county of Effingham, hath petitioned this Legislature, for leave to sell and convey a tract of land situated Preamble. itt Goshen, in said county, containing three hundred acres, originally laid out, and granted as glebe to the said Chureh. Sec. 1. BE it therfore enacted by the Senate and House of Representatives, in ^ trustee# of General Assembly met, That the Trustees for the said Ebenezer Congregation, be and Congregatinn they are hereby authorized, to have exposed to public sale the said tract of land, pe»nattedZeto w^ich was originally reserved as a glebe to said church. »ell their gkb« land Sec. 2. And be it further enacted, That the money arising from the sale of the said land, shall be paid into the hands of the said Trustees, to and for the use of the said Ebenezer Congregation, to be expended and applied as the said eongrega- Monies how ,. . .. „ _ tebe applied. tlon? or a majority of them shall determine. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate, Assented to, November 26, 1802. JOHN MILLEDGE, Gornmo*. See another act on the same Subject passed in the year 1803—No. 365. PASSED IN TIIE YEAH 1802. AN ACT (No- 53 > More effectually to prevent the evil practice of Stabbing. H e it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, That from and immediately after the passing of this act, if any person or persons shall be guilty of the act of stabbing, any person or persons, excepting in their own defence, within the limits of this State, with a sword, dirk, knife, or any other instrument of the like kind; for the first offence, upon conviction thereof, shall be subject to a fine of Five Hundred Dollars, and also confined in the common goal of the county wherein said crime shall have been committed, for a time not exceeding sixty days, nor less than forty days. Sec. 2. And be it further enacted by the authority aforesaid, That if any person or persons, shall be convicted a second time for the like offence, he shall forfeit and pay the sum of One Thousand Dollars, and be confined in the common goal not exceeding six months nor less than three months, and shall not be entitled to vote at the general elections, nor to hold any post of profit, honor, or trust within this State, for the term of three years. Provided nevertheless, That if any person or persons shall be guilty of any of the aforesaid crimes, so as to affect the life of any person or persons; every such person or persons on conviction thereof, except as above excepted, shall suffer death without the benefit of clergy: any7 law to the contrary notwithstanding. Sec. 3. Re it further enacted by the authority aforesaid, That one moiety of all fines which shall be imposed, pursuant to this act, shall be subject to the disposition of Disposition the inferior courts of the respective counties, in which such crimes shall be committed, of the fines, for the use and benefit of the county, and the other moiety thereof shall be for the use &nd benefit of the prosecutor. ABRAHAM JACK SOX, Speaker of the House of Representatives, DATID EMANUEL, President of the Senate. Assented to, November 26, 1802, JOHN MILLED GE, Governor. Penally fur stabbing fur the fust of- fence. Penalty for the second of- fence. I LAWS OP GEORGIA, (No. 53.) AN ACT For making Permanent the seal of the Public Buildings, in the county of JBIntosh. When the "|T£ Jaunty areata _OE it enacted by the Senate and House of Representatives of the ke hoideni State of Georgia in General Jlssembly met, and it is hereby enacted by the authority of the same, That the place for holding the courts in M'lntosh county, shall be at Sap- elo Bridge, on the spot designated by the commissioners appointed for that purpose, Sec. 2. JLnd be it further enacted by the authority aforesaid, That the judges of the authorized to Inferior court of said county, arc hereby authorized to purchase the land for that purpose, purchase the am] reeeiYe titles therefor, to and for the use of the said county:—Provided nevertheless, That the said laud is to he purchased out of the county funds, and not to exceed five: acres, ABRAHAM JACKSON, Speaker.of the House of Represent aiiv$§o DAYID EMANUEL, President of the Senate, Assented to, November 26, ±802, ' JOHN MILLED GE, GOVERXOK. (No* to J AN ACT To authorize certain commissioners therein named to establish a Lottery, for the pur* pose of raising the sum of Three Thousand Hollars, to be appropriated to clcainng out and improving the navigation of the Ogechee and Cctnuchee rivers, HEREAS it appears essential to the interest and convenience of the citizens of Preamble, this State, residing on and near the waters of Ogechee and Canuchee rivers, that the' navigation of said rivers he improved, by which means the produce and lumber of those' parts, may he conveyed with more ease to market. Lottery al- Sec. 1. BE it enacted by the Senate and House of Representatives in General Jlssem- lowed to hn- blij met, and by the authority of the same, That it shall and may he lawful for the ? commissioners hereinafter named, to establish a lottery within one year after the passing lichee & Ca- 0f j]>js act, to raise the sum of Three Thousand Dollars, under such scheme and regu- nuehee n\ers. # 7 0 lations, as they or a majority of them may deem necessary and proper, to carry into PASSED IN THE YEAH lsos, effect the above recited object; the one equal half of said sum to be applied for the use (No. of Ogechee river, from Paramour's Bluff to its junction with Ganuehee river, and the other half to be applied to the use of Canuchee river, from the mouth of Lett's ereck, t® its junction with Ogechee river, in such way and manner as said commissioners may Monies ka* direct. o$?iied. Sec. 2. And be it further enaeted, That Clement Lanier, Louis Lanier, James Bird, • Samuel Smith, Elias Cassells, John M'Call, and Jesse M'Cail, be, and they are hereby ere appointed appointed commissioners, to oarry the aforesaid lottery into full effect. Sec. 3. And he it further enacted, That the said Ogechee and Canuchee rivers, shall ga.^ rIrefSjt he deemed and considered navigable rivers, and under the protection of the same laws as declared nar- . .1 igable rivers* «ther navigable rivers within this State. ABRAHAM JACKSON, Speaker of the House of Representatives* DAYID EMANUEL, President of the Senate. Assented to, Novembers, 1802. JOHN MILLED GE, Governor. AN ACT yo enable the Corporation of Savannah, to collect certain fines vested in them by laws and to lay a tax on all Vendue Masters in the said city, and to protect per- sons confined in Jail. (No. 55.) IIEREAS all fines of the courts in the county of Chatham, are by law ordered to be paid to the corporation of the city of Savannah, as commissioners of the court-house .and jail, and many difficulties arise in collecting the same. < Preamble-. Sec. 1. NOW therefore he it enacted by the Senate and House of Represent aiives of the State of Georgia, in General Assembly met, and by the authority of the same, That at the request of the recorder of the said city, the clerk of the courts shall issue executions for Pines how t® all the fines due: and the Sheriff shall immediately proceed to levy and sell, and pay the ^ colleccrL money over to the recorder who shall, and he is hereby ordered to discharge the same, and all fines shall from and after the passing of this act be paid to the said recorder. LAWS OF GEORGIA, (No. 55.) Sec. 2. And be it ftirlher enacted, That Vendue Masters befor.e they obtain their Tax on Ven- Senses, shall pay to the Treasurer of the city of Savannah, the sum of one hundred due masters, dollars.* Duty of jail- Sec 3. And he it further enacted, That from and after the passing of this act, ns down* prion- Jailer, shall put any person into irons, unless he is confined for a capital offence, and it eis, unless s0 expressed in the warrant. they are char- ged c:.pitally» ABRAHAM JACKSON, Speaker of the House of Representatives DAVID EMANUEL, Tresident of the Senate. Assented to, November 26, 1802. JOHN MILLEDGE, Governor, (No. 56.) AN ACT To repeal an act further explaining and defining the duties and powers of the Comp-< troller General, passed the fifth day of December, one thousand seven hundred and ninety-nine, so far as it respects the outstanding claims of Roderick Easley, Jcre- miah Russell, Reuben Smith and others. comptroller-2 -O E it therefore enacted by the Senate' and House of Representatives in General as re- General Assembly met, and by the authority of the same, That it shall and may be law- spects sundry . . . claims. ful for the Comptroller General to take in the outstanding evidences of the claims due Roderick Easley, Jeremiah Russell, Reuben Smith, Phill Cooper, Joseph Edmundson, "William Trammill, and Isham Carr, to wit:—To Roderick Easley, two hundred and fifty acres for services as quarter-Blaster, and eight hundred acres for duty as lieutenant, and to Jeremiah Russell, Reuben Smith, Phill Cooper, Joseph Edmundson, William Trammill, and Isham Carr, six hundred and forty acres each; and to issue to each of ihem the said Roderick Easley, Jeremiah Russell, Reuben Smith, Phill Cooper, Joseph Edmundson, William Trammill, and Isham Carr, new evidences agreeably to the mode pointed out by an act, for calling in the outstanding evidences of the debts due from this State, and for issuing new ones in lieu thereof, under proper checks and restrictions, passed the second day of February, one thousand seven hundred and ninety-eight. '* Corporation of Savannah authorized by act of 1803, No. 92, to appoint and license any number they, in the'r discretion, may think proper PASSED IN THE YEAR 1802. 69 Sec. 2. And be it further enacted by the authority aforesaid, That so much of an (No. 56.) act* entitled « an act further explaining and defining the duties and powers of the Repealing Comptroller General*" as militates with this act, he and the same is hereby repealed. clause. ABRAHAM JACKSON, Speaker of the House of Representatives* DAVID EMANUEL, President of the Senate> Assented to, November 26, 1802. JOHN MILLED GE, Governor. ^ ACT (No. 57.) To establish a road from Savannah to New-Deplford, and to raise money for the purpose of malting and improving the samt. HEREAS it appears essential to the interest of the inhabitants of Savannah, that Preamble, the communication between that city and Five Fathom Hole, should be improved. Sec. l. BE it therefore enacted by the Senate and House of Representatives of the State t0 open of Georgia, in General Assembly met, That a road be established as a public one, to commence where the new road of Nichol Turnbull leads out of the Skidaway road, down Eeptford. to New-Deptford; and that Nichol Turnbull, Edward Harden, John G. "Williamson, Joseph Bryan, and William Smith, he commissioners to open and work upon such parts of the said road as are not open, and to keep in repair the whole. road from the eity, to New- Commission- ers appointed. Sec; 2. *ind be it further enacted, That it shall and may be lawful for the persons ^ ^ ^ herein after named, to establish a lottery, within three years after the passing of this improve^said act, to raise the sum of ten thousand dollars, under such schemes and regulations as they may think fit and proper, to enable the commissioners to open and improve the said road. road. Sec. ,3. And he it further enacted, That George Jones, Robert Mitchell and I. S. De Montmollia, be, and they are hereby appointed managers to carry the said lottery ers of lortery into efiect. > ~ . , appointed. ABRAHAM JACKSON, Speaker of the House of Representatives, 'DAVID EMANUEL, President of the Senate. Assented to, November 26, 1802. JOHN MILLEDGE, Governor. TO LAWS OF GEORGIA# (No. AN ACT* To amend an act, entitled (i An Act to alter and amend an act to empower the Infe* rior Courts of the several counties in this State, to order the laying out the public roads, and to order the building and keeping in repair the public Jrriigcsso far as respects the counties of Camden and Chatham. I1EREAS it is found extremely inconvenient, and in many instances impracticable Preamble. ^01* Ihe inhabitants situated upon islands and peninsulas, to send their hands across dan- gerous sounds, and morass marshes, to the extreme parts of particular counties, for tho purpose of working upon the roads : And whereas, it is found by experience that much time is therefore lost in going to and coming from the same, to the injury both of indi- vlduals and the public, for remedy whereof, Inferiorcourls Sec. 1. BE it iherfore enacted by the Senate and House of Representatives of the toTevy T't:ix State of Georgia, in General Assembly met, and by the authority of the same, That chati\Tmen to ^rom an^ immediately after the passing of this act, it shall he the duty of the Inferior repair roads courts of the counties of Camden and Chatham, to levy a tax not exceeding one fourth part of the general tax, to be collected in the same manner that other county taxes are collected and to be annually appropriated to the use of opening and keeping in repair the public roads. Sec. 2. And be it further enacted, That the aforesaid court or courts, shall let at Roads to be public outcry, such part or parts of such road or roads as aforesaid, to the lowest bid- der as they may deem necessary, and to otherwise act as is customary in public busi- ness generally. let to be re paired. the overseers. Sec, 3. And be it further enacted. That the overseers of each road respectively, shall inspected by inspect all work that may be let and done upon the aforesaid road or roads, and give a certificate or certificates of their condition to the person or persons contracted with, which on being found equal to contract by the aforesaid court or courts, he or they shall be en- titled to receive the amount of tlip same out of the monies arising from the tax or taxes as aforesaid. Sec. 4. And be it further enacted, That all laws or parts of laws so far as respects the aforesaid counties, pointing out any other mode of working on roads than is herein contained, be, and the same is hereby repealed. ABRAHAM JACKSON, Speaker of the House of Representatives* DA\ ID EMANUEL, President of the Senate, Assented to, November 26, 1802. JOHN MILLED GE, Governor, Repealing clause. 'This act repealled by act of 1803, Ko 126, Sec. PASSED IN THE YEAR 1802. Tl AN ACT (No. 59.) To incorporate the town of St. Mary. IIEEEAS from tlie extent and population of the town of St. Mary, its growing preamble importance, both with respect to increase of inhabitants, and diffusive commerce, it is indispensably necessary that many regulations should be made, for the preservation of peace and good order within the same; *lnd whereas, from the many weighty and impor- taut matters that occupy the attention of the legislature at their general meeting, it has hitherto been found inconvenient, and may hereafter become more so, for them to devise^ consider, deliberate on, and determine all such laws and regulations as emergencies, or the local circumstances of the said town may from time to time require. Sec. 1. BE it therefore enacted, That from and immediately after the passing of this act, all persons, citizens of the United States, and residing one year w ithin the said town* and having a freehold or lease for years of a lot within the same, shall be deemed, and Body cor- ° " - porate of said they are hereby declared to be a body corporate and politic; and there shall he an Inten- town named. dant and Council for the said town—and they and their successors hereafter to he appoin- (ted, shall have perpetual succession, aud be styled and known by the name of the Inten- dant and Council of the town of St. Mary, and shall have a common seal, aud be capable intendant & in law to purchase, have, hold, receive, enjoy, possess, and retain, to them and their Jpp"£teS be successors, for the use of the town of St. Mary, in perpetuity, or for any term of years any estate or estatet, real or personal, messuage, lands, tenements, or hereditaments of whatever nature or kind soever, within the limits of the said town; and to sell, alien, Their duties exchange or lease the same, or any part thereof as they shall think proper; and by the J,kI rnvilcd" same name to sue and be sued, implead aud be impleaded, answer and be answered & unto, in any court of law or equity in this State. And they shall also be vested with full power and authority, from time to time, under their common seal; to make and establish such bye-laws, rules and ordinances, respecting the harbor, streets, public buildings, work houses, markets, wharves, public To make I) e • houses, carriages, waggons, carts, drays, pumps, buckets, fire engines, theeareofthe liUVS poor, appoint a harbour-master aud health officer, the regulation of disorderly people, negroes, and in general, every other bye-law or regulations that shall appear to them re- quisite and necessary for the security, welfare and convenience of the said town, or ficr preserving peace, order and good government within the same ; and the said Intendant and council shall also be vested with full powrer and authority to make such assessments cn the inhabitants of the said town or those who hold taxable property within the sam ? for the safety, benefit, convenience and advantage of the said town as shall appear to them expedient, and to affix and levy fines for all offences committed against the bye- laws of the said town, and they are hereby authorized to appoint a clerk, treasurer, health officer, harbour master, fire master, marshal, constables, and ail such other of- LAWS OF GEORGIA, (Xo. 59.) iieers, (affixing the salaries and fees of such officers respectively) as shall appear lo tliem requisite and necessary for carrying into effectual execution all the bye-laws, rules and ordinances they may make for the good order and government of the said town, and the Taxes bv persons residing therein. Provided, that nothing herein contained, shall authorize the tir in imposed. said Intendant and council to make any bye-laws, repugnant to the constitution or laws of the land, tind jirovided also, that the bye-laws, rules and ordinances they may make shall at all times, be subject to the revisal, alteration Or repeal of the legislature. Sec. 2. Be it further enacted, That any two justices of the peace, for the county of Camden, shall within six months after the passing of this act, give ten days public notice in two or more public places in the said town of St. Mary, that four members are to be chosen to constitute the council for the said town, and which said four members of the council shall have the same qualifications as-members of the State legislature, and also the qualifications of electors, and that all free white persons, being citizens of the United States, and residing one year within the said tow n, and having a freehold or lease for years of a lot therein as aforesaid, shall be entitled to vote for four members to form the council aforesaid $ and they shall also notify the time and place, when and where the election is to be held, and shall superintend the same, or appoint proper persons so to do; and the superintendants when the election is closed, shall give notice to the several per- sons of their appointments respectively, and summon them to meet together at any time and place within three days after their election, for the purpose of taking the oath of office prescribed by this law, which oath may he administered by any justice of the peace, or by one of the members so chosen to another: Provided, three be present, at the time of administering the same, and shall be in the words followingI, A. B. do solemnly swear that I will to the utmost of my power support, advance, protect and defend the good order, peace and welfare, of the town of St. Mary and its inhabitants, and will faithfully demean myself in the office of Intendant, (or member of the council as the ease may he) for the said town, according to the bye-laws and regulations thereof, to the best pf my skill and judgment, and that J will support the constitution of this State, and the constitution of the United States. Sec. 3. Be it further enacted, That when three or more of the said members shall anUiow^' b[ive mct an(l qualified as aforesaid, they shall within three days after such their qualifi- pointed. cation, give five days public notice that an Intendant of the said town is to be chosen by the members of the said council, either from among their own body or the citizens of the said town, possessing the qualifications of a member as aforesaid, and at the time mentioned in such notice, the said members shall meet at some public place in the said tow n, and vote for such Intendant. And when such Intendant shall be chosen, he shall take the oath above inserted, in the presence of any two or more of the members after which he may qualify sueli members as were not before qualified; and if any member, should he chosen Intendant, he together with tbc members, shall fill up such vacancy. The number of the couucil and .how ap- pointed. T.o take an oath. The oath. -FASSEBr IN THE YEAIl 1802. And the said Intendant shall and may, as often as occasion may require, summon the (No. 59.) members to meet together in council, any two of whom with the Intendant, shall be com- Hisduty to- petent to proceed to business. " the^ouncU11 Immediately after the board is completed, the council shall be divided into two classes. The seats of the first class, shall be vacated on the first Monday in May, 180 i, which shall be considered as the expiration of the first year, and the seats of the second class, at the expiration of the second year, so that two members may be eliosen annually. The Intendant shall hold his ofiiee for two years, and in case of death, resignation, removal, refusal or disability of the Intendant, or any of the members, the Vacancy shall he filled up in the manner already prescribed. The annual elections shall be held on the first Monday in May. Sec. 4. And, be it further enacted, That the Intendant and members of the said council, shall each of them have full power and authority, and they are hereby required to ties ofthe in- keep peace and good order within the said town, to issue warrants, and cause all offen- 'council! and ders to be brought before them, and on examination either to release, admit to bail, if the offence be bailable; or commit to the custody of the Sheriff of the county of Camden, who is hereby authorized and commanded to receive the same, and the same to keep in safe yested with custody until discharged by due course of law, and the said Intendant and every of the the powers of a justice ofthe members of the said council for the time being, shall be vested with all the powers peace in said and authorities that justices of the peace are vested with by the laws of this State, and lown' shall and may exercise the same in every part ofthe said town for the preservation ot the peace and good order thereof. .. Sec. 5. And be it further enacted, That it shall and may be lawful for the said In- tendant and Council, and they are hereby empowered at any time after the passing of this shall be a act, to hold courts once in every month throughout the year, to appoint such officers as ^ ^f^11 they may think necessary, and to settle and allow reasonable fees, not exceeding one anceoffases - half the fees allowed for like services'in the Inferior Courts in suits cognizable therein* '^dollars? and to have jurisdiction of, and to hear and determine all civil causes not involving the right or title to any land or real estate arising within the jurisdiction of the corporation* s© as the demand in such suit or action does not exceed the sum of fifty dollars, and tcr give judgment and award execution therein according to law.—Provided, That if any party to a suit shall feel him, her or themselves aggrieved by the decision of the- said courts, it shall and may be lawful for such party to enter an appeal within three days after such trial, first paying all costs which may have occurred on the said trial? and giving sufficient security, to ahide and perform the sentence of the court at the trial of K- r4 LAAVS OP GEORGIA, (No. 59.) the appeal and all appeals from the decision of the said courts, shall he tried on the next succeeding court day, after such trial by a jury of seven men, whose verdict shall be final. May hold ts Sec. 6. And he it further enacted, That the said Intendant and council shall have hail, draw ju- (]ie ijfce power and authority to hold to bail for debts witliin their jurisdiction, and under rors, c. rcstl,]etjons a& p0intC(i out for the Superior and Inferior courts, and shall have power to draw, and impannel jurors for the trial of appeals ,* who shall be resident within their jurisdiction and shall he qualified and liable to serve as petit jurors, to eause them to be summoned at least five days before the said court, and to fine them for their non-atten- dance or other misconduct, in such manner as they may think proper, not exceeding ten dollars ; and shall have power to award execution for such fines, and cause the goods of the person incurring sucli fines, to be sold by virtue thereof. Are a court Sec. 7. And he it further enacted, That the said Intendant and council shall, in all of record, per- judicial proceedings, have reference to, and be governed by the laws in force in this State, thereon^'frce for regulating the judicial proceedings thereof,- and the said eourt of Intendant and from arrest,, council is declared to be a court of record, and any person necessarily going to, being at, or returning therefrom, shall be free of arrest on any civil suit. Sec. 8. Be it further enacted, That the said Intendant and council he, and they are ©faCCommissU licl'eby appointed a hoard of Commissioners of pilotage for the said port of St. Mary, and of Pilot_ arc hereby invested with full power and authority to appoint any number of pilots they may. a think necessary for said port, and prescribe and establish such rules and regulations as they may deem expedient therefor; w hich rules and regulations shall be binding on all such pilots, and those who act under them, and upon all other persons concerned therein* any law te the contrary notwithstanding.-* ABRAHAM JACK SOX, Speaker of the House of Representative?. DAYID- EMANUEL, President of the Senate. Assented to, November 26, 1802. JOHN MILLEBGE, GoyeexoJ!. Sec net of 1804, No. 142, amendiug and revising- this act. and see act of 1807, No. 305, also .winding- it, and act of 1808, N®. 383, still further amendatory. PASSED IN THE YEAR 1802. AN ACT# (N«- co-) To amend an act for keeping open the Oconee Hirer from the Hock landing, to John Bar- ncWs in the county of Clarke, passed the second day of JDeceniber, 1801, and to keep open the navigation of Great Ogechec Hirer, up to the shoals• ®EG* 1# JjylE it enacted hy the Senate and House of Representatives of the Stale of Penalty f0{. Georgia, in General Assembly met, That from and after the passing of this act, no per- obstructing- 1 « in 111112. i*± tlie Oconee rt* &>n or persons, under the penalty of twenty dollars per day, shall dam, stop or obstruct vcr. the Oconee River, from the Rock landing up the main stream thereof, to the confluence of the Apalacliee; but the same is hereby declared to be, (at least one third part thereof, including the main channel) a free passage; and any person or pcrsonswho now has or have dams or other obstructions placed in the said river Oconee, contrary to the true intent and meaning of this act, and who will not remove the same on or before the first day of Janu- ary next, shall be liable to the same fines as above mentioned. Provided nevertheless, That nothing contained in this act, shall be construed to extend to effect any mill-dam or dams, other than such as shall have been erected, or may hereafter be erected or extend into the said river Oeonee, contrary to law. Sec. 2. And be it further enacted, That so much of the above recited act, as ope- rates against this act, be and the same is hereby repealed. ckus^*11^ Sec. 3. And be it further enacted, That any person or persona who, after the pass- to prevent ing of this act, shall obstruct the main channel of Great Ogechee river, from the shoals ^0en to the moutli thereof, shall be subject and liable to the same fines and penalties as are greatOg-echee pointed out by the above act". UV"' ABRAHAM JACKSON, Speaker tf the House of Representatives. DAVID E3IANUEL, President of the Senate.. Assented to, November 26, 1802. JOHN MILLED GE, Governor * See act of 1805, No. 208, incorporating a company to improre the navigation of the Ocohce River, ep ta John Burnett's.—See also act of 1810 No. 527, and also'act of 1810, No. 545, as-to Ogechec, 7G LAWS OF GEORGIA, (No. 61.) AN ACT ■Pointing out a mode for adjusting the claims of the Citizens of this State, against the Creek Nation. W; Preamble. IIEREAS a number ef the good citizens of this State, have been plundered of property of various Kinds, to a very large amount by the Creek Indians at different times and places, which tlicy have been called upon to exhibit an account of, to the Executive Department, agreeably to a resolution of the General Assembly passed the 17th day of June last, in order therefore to have them properly arranged and adjusted, to be demand- ed agreeably to the several existing treaties between the United States and the said Creek, Indians. Sue. 1. JBE it enacted 'by the Senate and House of Representatives of the State of Manner of as- Georgiai in General Assembly met, That it shall be the duty of the Comptroller Gene- c?aimTrainst ral, to examine,"all such aceounts or claims of the citizens against the Creek nation,- diansfeek In ^or Pr°perty plundered or detained from them by the said Indians, as may be laid before him by the Executive within three months from and after the passing of this act, and where it shall appear to the satisfaction of the Comptroller, that the property charged against the Indians, was actually taken, or is detained by the said Indians, he shall attach such valuation thereto as in his judgment shall appear just and reasonable, and which would be an equitable compensation for such article or articles between citizen and citizen, and after a careful examination of all the several claims or accounts which may be referred to him by his Excellency the Governor, within the time herein before pointed out, he shall report to the Executive the result of his investigation, and attach thereto a schedule of all such claims as he may find provided for by any of the existing treaties between the United States and the Creek nation, a schedule of all such other claims as are not provided for by said treaties, and also such as may be exhibited without such proof as will justify their being charged to the Indians or to the United States. Sec. 2. And be it further enacted by the authority aforesaid, That his Excelleney •Governoiye- the Governor, be and he is hereby authorized and required, to deliver to the Comptroller rr»- General, all such claims or demands as are wow deposited in the Executive Department GeneraJ0aiT aSa*nst the Creek nation, and also all which may be received within three months from claims against and after the passing of this act. said Indians. Comptroller -General's oath Sec. 3. And be it further enacted, That the said Comptroller General shall, pre- vious to entering on the duties required by this act, take aud subscribe the following oath or affirmation, before his Excellency the Governor, to wit. " I , do " solemly swear (or affirm as the case may be) that I will carefully examine all such claims or accounts against the Creek nation, as may be laid before me by the Executive* PASSED IN THE YEAR 1802. « and such report make thereon as may appear to me just and equitable, agreeable to (No. €1.} to this act—So help me God. Sec. 4. And be it further enacted by the authority aforesaid, That as soon as the afore^ Duty of the said Comptroller General shall have made out a schedule, he shall deposit the same with ^embere ^ his Excellency the Governor, whose duty it shall be to lay the same before the next Congress. General Assembly, and also transmit a copy to our members in Congress, whose duty it shall be to present the same to the general government, and demand compensation for all such property as are not provided for by the different existing treaties. Sec. 5. And he it further enacted by the authority aforesaid, That his Excellency the •Governor shall, so soon as the aforesaid Comptroller General shall have furnished hjm persons to de- with a schedule of the property lost as aforesaid, to appoint three persons to repair to the Sans,°Veif°r their coming to, attendance on, and returning from the same,—The Secre- officers—and tary of the Senate and Clerk of the House of Representatives, four dollars per day—two pritionsPP 0 engrossing clerks of the House of Representatives, four dollars each per day—two engros- sing clerks of the Senate, four dollars each per day—the messenger and doorkeepers of both branches of the General Assembly, three dollars each per day—the clerk of the House of Representatives and secretary of the Senate, each the sum of fifty dollars, for stationary, firewood and other contingent expenses during the present session.—To the commissioners of the court house and goal of MTntosh county, four hundred and twenty eight dollars, fifty-six and a quarter cents, for the purpose of building a court-house and goal in said county, in like manner as has been appropriated for other counties.—To the com- missioners of the court-house and goal of Tattnall county, four hundred and twenty eight dollars, fifty six and a quarter cents, for the purpose of building a court-house and goal for said county, in like manner as has been appropriated to other counties ; any law to the contrary notwithstanding.—To the Adjutant-General, the sum of three dollars per day, while 111 actual service.—To the Brigadier-Inspectors and Adjutants, two dollars each per day, while in actual service.—To William Maxwell, four hundred and sixty six dollars, eighteen and three quarter centp, as a gratuity to Thomas Maxwell, for his ser- \ices in the Georgia line.—To Thomas Porter, four hundred and sixty six dollars, eigh- teen and three quarter cents, for a gratuity as ail officer in the Georgia line.—To Beiu jamin Porter, four hundred and sixty six dollars, eighteen and three quarter cents, for his gratuity as an officer in the Georgia line. Provided, That each person receiving the said gratuity, shall give bond and security to the Executive, to refund the said sums, in case it should hereafter appear that the same had been previously paid.—To William Kelly, the sum of ninety four dollars, fifty-seven cents.—To John Brisco, the sum of seven dollars and eighty one cents, for money over paid by the said Brisco, for taxes of the year 1799.—-To Edmund B. Jenkins, as clerk to the committee on finance, the sum of thirty-five dollars*—To John Ham mill, as clerk tathoeomimttee on the state of the repub- lie, the sum of twenty-five dollars; which said several sums shall be paid out of any monies now in, or which may hereafter come into the Treasury from the payment of taxes.—To John Green, and John Buford, the sunt of one hundred aud twenty-five dollars, sixty-eight and three fourth cents, agreeably to a concurred resolution.—To Richard 79 Weather-ford, an invalid soldier, the sum of fifty dollars.—To Mrs. A. Jones, widow and (No. G2.) relict of James Jones, an invalid soldier, deceased, the sum of fifty dollars, as a temporary support for her self and children.—To Daniel Buckstine, twenty dollars, in full of a Gov- ernor's warrant agreeably to a joint resolution of both houses, at their last meeting. To John Cobbs, esquire, the sum of four thousand five hundred and fifty one dollars, forty. two and three fourth cents, from which the Treasurer shall first deduct and retain the sum of two thousand seven hundred and fifty-six dollars, ninety-nine cents, it being the amount of monies due the State by tlie said John Cobbs, which doth appear by his bond bearing date the first of February 1799.—And the sum of fifty dollars he appropriated to the use of James Bynum, as a compensation for expense in defending a suit commenced against him as tax collector of Hancock county, for discharging the duties of his office.—To Patriek M4 Griff, esquire, the sum of thirty-eight dollars, twelve and a half cents, for his services as jailor of Montgomery county, in safe keeping the person of Aaron Bowen, a murderer from the county of Tattnall, in as much as the county of Tattnall, hath not heretofore been sufficiently organized to levy a tax for that purpose;—The sum of five hundred, dol- lars to be paid out of the contingent fund for the payment of house rent, &c. for the use of the Executive.—To Thomas Polhill, twenty-six dollars,, eighty-six cents, being so much recovered from liim by the Post Master General, in the Federal court for stopping the stage in conformity to the proclamation of his Excellency James Jackson.—To the bounties of Clarke and Jackson, the sum of four hundred and twenty-eight dollars, fifty- six and a quarter cents; the one moiety of the said sum to be drawn-by the commissioners ©f the court-house and jail in the county of Clarke, tbe other moiety to be draw n by the commissioners of the court-house and jail in the county of Jackson, for the purpose of eree* ling court-houses and jails in said counties. 6000 dollars loaned to the trusses of the 3. And be it further enacted, That the sum of five thousand dollars, be and the same is hereby appropriated as a loan to the Trustees of the University, in aid of the funds of the said institution, for erecting the collegiate buildings, the said trustees first giving University, bond with security to he approved by his Excellency the Governor, to return the said sum of money into the puhlie treasury, within' five years with lawful interest thereon. Frcrid- ed, That the Trustees of the said University shall previous to receiving the said money, or any part thereof, cause to ha deposited in the Executive office, a full, complete and unconditional relinquishment from Daniel Easley, of all claims or title whatever to the lands conveyed by him to JohnMilledge, esq. for the use and benefit of the University of this State, against him the said Daniel Easley, his heirs, executors, and administrators, forever. ABRAHAM JACKSON, Speaker of the Mouse of Representatives* DAYID EMANUEL, President of the Senate, Assented to, November 27, 1802. JOHN MIL LEDGE, Govekkoe. EAAVS OF GEORGIA, (No. 63,) AN ACT* For the more effectually keeping open the River Savannah. HERE AS the keeping open the River Savannah, is of the greatest importance to the citizens of the hack country, as well in consequence of navigation, as the advantages Preamble. r€SUhing to the citizens generally,, by having an annual supply of fish therefrom, A nil whereas, many persons on the said river, have so obstructed the passage of boats by dams, as to render it highly injurious to commerce, and almost totally prevented the fish from getting up the same. Unlawful to Sec. l. JDE it enacteg by the Senate arid House of Representatives of the State of niace obstruc- Georgia, in General Assembly met, That from and after the passing of. this act, it shall tions in said * , , river. not be lawful for any person or persons to dam, stop, or obstruct the river Savannah, from jilie city of Augusta to the junction of the rivers Tugalo and Keowee, and from thence up the Tugalo river to Hattan's ford; but that the one third part of the said river, including the main sluice, is hereby declared to remain and continue open for a free /passage. obstructions^ Sec. 2. And be it further enacted, That any person or persons who now have dams, or to be removed obstructions placed in the said river Savannah, between the city of Augusta and Hattan's ford on Tugalo river, contrary to the true intent and meaning of this act, shall remove tlie same on or before the first day of January next. Sec. 3. And be it further enacted, That if any person or persons shall, in violation of this act, either build dams, or otherwise obstruct the said passage, or fail to remove those already made, shall he subject to a penalty of twenty dollars per day, for every day they may remain after the time prescribed by this act. Sec. *. And be it further enacted, That it shall be the duty of any justice of the peace, ^iven to justil *n whose district such offence or offences may he committed, to issue his warrant upon his ces of the own knowledge, or information on oath of any free white person, commanding such oflen- peace, to col- lect the above der or offenders to be brought before him within ten days, to answer to the charge alledg. penalty. against him or them, and such justiee shall issue his subpoena, commanding the attendance of such witness or witnesses, as may be thought necessary to establish or defend the said charge or charges, who shall be subject to all the pains arid penalties for non- attendance, or refusing to answer on oath, such questions as may be asked bim or them as is customary in justiees courts, for the collection of small debts, and, if upon examin- ation, it should appear that such offender or offenders is or are guilty of any breach of this act, it shall be the duty of such justice, to enter up separate judgments againt such offen- Penalty of 20 dollars perday for obstruct- ing said river. * See act of 1809, No. 469 on this subject, so far as respects the counties of Richmond, Columbia, Lincoln, Elbertand Franklin, and as far us the mouth of Tugalo and Keowee rivers.—See act of 1810, No 5<>5, respr ding so much of this river as bounds Franklin county. PASSED IN THE TEAR 1802. M dor ao concerned, for the sum of twenty dollars and costs, for each and every day that (No. 63.) such obstructions shall have continued, and the said justice shall forthwith, issue execu- tion on the said judgment or judgments so entered up, which shall be levied on the goods and chattels, lauds and tenements of such offender or offenders, and sold agreeably to the law regulating constables sales; and in case the offender or offenders should prove insol- vent, it shall be the duty of the justice or justices, who shall preside at the trial of such offender or offenders, to issue a capias ad satisfaciendum, against the body of such offender or offenders, and commit him or them to the common jail of the county where such offence may he committed, there to remain for the space of twenty days for each offence so committed; and provided there shall be no goal in the county where such offence may be committed, then, and in that case, it shall be lawful for the justices aforesaid, to commit the said offender or offenders, to the common jail of the next adja- the penalty to cent county, and the money arising from such fine or fines, shall be paid into the hands f°c^°t(Je pr*" of such justice of the peace, who shall pay one half thereof to the informer, for his own proper use, and the remaining moiety shall be paid by the said justice, to the clerk of the Inferior court of the county in which he resides, which shall be considered as a part of the county funds,, and appropriated accordingly.- Sec.. 5. And be it further enacted by the authority aforesaid, That if any justice of the peaee shall, in manner aforesaid, offend against tills act, it shall be lawful for him , What to be . " done with a or them, to be sued or prosecuted m any one of the adjoining districts. And the same justicewho of- fees shall be levied and collected for services performed under this act, as are allowed for St like services injustices courts.. ABRAHAM JACKSON, Speaker of the Souse of Representatives,' DAVID EMANUEL, President of the Senate* Assented to, December 1, 180$. JOHN MILLED GE, Goveeros.. L, S2 LAWS OF GEORGIA, (No. 61.) AN ACT To extend the time for the renewal of certain audited certificates of the State of Ceor- gia, therein designated, to the executors of the last will and testament of Commodore Oliver Bowen, deceased, John Thompson, and Evan Ragland. Preamble. HEREAS it appearing tliat Commodore Oliver Bowen, deceased, had at the time of disease, in his possession, and in his own name and right, a certain voucher of debt from the State of Georgia, to the said Oliver, in the words and figures following, to wit: STATE OF GEORGIA, TREASURER'S OFFICE. Louisville, November 30, 1799. No. 56. THESE are therefore to certify, thatthe State of Georgia is justly indebted to Commodore Oliver Bowen, or hearer, the sum of three hundred and ninety-two dol- Iars and fifty cents, which said sum will be received in payment of any purchases made of confiscated or reverted property that may have been sold agreeable to law or otherwise provided for by the Legislature. - (Signed) JOHN BERRIEN, Treasurer. Time of re- aewing- a cer- tain audited certificate to Oliver Bowen, , extended. And whereas, it further appears that the said Oliver Bowen was not apprised in his life-time, or the executors of his last Will and Testament, to wit:—Jabez Bowen, sen'r. and Jafeez Bowen, jun'r. after his disease, that there was an act passed by the legislature of Georgia, entitled « an act further explaining and defining the duties and pow ers of the Comptroller General," passed the fifth day of December, one thousand seven hun- dred and ninety-nine, whereby all certificates of outstanding debts of the State of Georgia, were required to be renewed in the Comptroller General's office, and by him to be renewed, and certificates aforesaid not being renewed within two years from and after passing said act as aforesaid, should be deemed fraudulent, and be forever barred. . And whereas the before recited act, appears ta have been intended to prevent frauds being practiced on the State.—And whereas it appears oppressive and unjust to deprive a citizen of his just right. Sec. l.BE it therefore enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, That the time of renewing the certificate in the before recited act, sliall be extended to Jabez Bowen sen'r and Jabez. Bow en, jun. executors of the last Will and Testament of Commodore 01iver Bowen, deceased, for the space of three months, and on the representatives of the said Commodore Oliver Bowen, deceased, presenting the original certificate1 in this act, designated in three months from the passing of this act the Comptroller General shall renew the before recited certificate, any aets or parts of acts, to the contrary notwithstanding* PASSED IN THE YEAR 1804. 83 Sec. 2. Be it further enacted, That an audited certificate, signed John We re at, (No. 64.) Auditor, dated Augusta, tlie thirty-first of October, 1789, for one pound thirteen shil- Tq sun(lry lings, to John Gray; an audited certificate signed Abraham Jones, Auditor, dated persons exten- December the twenty-fourth, 1794, No. 237, for three pounds four shillings and six pence, newed^n fal to Isaac Underwood; an audited certificate signed John Wereat, Auditor, dated Augusta* the thirty-first of October, 1789, for four pounds eight shillings, to James Moore ; an audited certificate signed John Wereat, Auditor, dated Augusta, the fifteenth of March, 1786, for six pounds fourteen shillings and eight pence, to, Thomas Hammon; an audi- ted certificate signed Abraham Jones, Auditor, dated December the thirteenth, 1793, No. 6, for seven pounds sixteen shillings and five pence, to John Walton; an audited cer- tificate signed John Wereat, Auditor,, dated Augusta, the sixth of February, 1790, for twenty-two pounds eight shillings, to John Glenn; an audited certificate signed Abraham Jones, Auditor, dated October the eighth, 1794, No. 145, for fifty four pounds eight shillings, in favor of John Giles; an audited certificate signed John Wereat, Auditor dated Augusta* the sixteenth of February, 1790, for fifty-five pounds eight shillings an(j six pence, given Ozia, Bradford ; an audited certificate signed Abraham Jones, Auditor, dated December the sixteenth, 1795, No. 387. for two hundred aud thirty-nine dollars and forty cents, given to. David Ilillhouse ; an audited, certificate signed John Wereat, Auditor, dated Augusta, the sixth of December, 1792, for-one hundred pounds, given to Elijah Clark; an audited certificate signed John Wereat, Auditor, dated Augusta, the tenth of December, 1793, for four hundred pounds, given Messrs. O wen and Thompson ; shall he renewed in favor of John Thompson ;. and also an audited certificate, Louisville, No. 25, dated the eighteenth of May, 1796, to Col. James Stallings, for the sum of four hundred and fifty dollars, signed John Berrien, Treasurer,, shall be renewed in favor ©f Evan Haglaud, by the Comptroller General, in the same manner as other audited certi- . ficates have been heretofore renewed ; and on the Comptroller General being satisfied that the said audited certificates are genuine, any law to the contrary notwithstanding. ABRAHAM JACKSON, Speaker of the Ilbuse of Representatives^ DAYID EMANUEL, Bresident of the Senate Assented to, December 1, 1802... JOHN MILLEDGE, Goveio-oe. AN ACT CN®' es0 To divorce Jacob Bidler and Mary his wife. Sec. 1. # enacted by the Senate and House of Representatives of the State of marriage eou- Georgia, in General Assembly met and by (he authority of the same, That from and immediate- S ly after the passing of this act, the matrimonial , connection, or civil contract of marriage, EAWS OF GEORGIA, (No. G3.) made between the said Jacob Bieller, and Mary his wife, formerly Mary Nuffer, shall be completely annulled, and set aside and dissolved, as fully and effectually, to all intents and purposes, as if no such contract had ever heretofore been made and entered into between them. Sec. 2. And be it further enacted, That all proporty real and personal, not by him or ccive^bvher" ^1C1 s0^ or otherwise disposed of, which the said Jacob Bieller received with, or acquired to be restored by, or in virtue of this union or marriage with the said Mary, shall henceforth (with the cskt. ^ addition of two hundred per cent, thereon) he considered as restored to her the said Mary, and the said property is hereby declared to be completely, fully and absolutely, to all legal intents, vested in, and confirmed unto her, her heirs, executors, administrators and assigns forever, Sec. 3. JLnd be it further enaeted9 That the said Mary Bieller, is hereby declared a fSsoie^and ^em s°le? and she shall not in future be alio wed on any prelerice whatever, to charge the forevt*barred said Jacob Bieller, his heirs, executors, or administrators, or bis or their estate, with frojnhu»r iC any debts or dues or her contracting, or with actions of or for damages, for or by reason of trespasses, or damages whatever, which shall hereafter be committed or done b/tlie said Mary Bieller, and shall not be entitled to dower of cr in the estate of the said Jacob Bieller, but shall be considered and held as barred, and as having forfeited the same. Sec* 3». And be it further enacted by the authority aforesaid, That the said Jacob and ° deemed ®*e^cr» and Mary, in future, shall be deemed and considered as distinct and separate «eperate per- persons, altogether unconnected by any mistical union or civil contract whatever hereto* £QZ1B» fore entered into betw een them. ABRAHAM JACKSON, Speaker of the Mouse of Representative DAVID EMANUEL, President of tU Senate. Assented to, November 27, 1802. JOHN MIIaLEHGE, GoTERiroft. PASSED IN TllE YEA It 1803. 8» AN ACT (No. 66.) Kfot the improvement erf the navigation of the Oconee and tllaiarnaha rivers, from Montpellier to Barren. Sec. 1. enactedby the Senate and House of Representatives of the State of Georgia, in General JLssembly met, and by the authority of the game, That from and after the passing of this act, all persons liable to work on the public roads residing in the Captain's riTe*'&- district adjoining the Oeonee and Alatamaha rivers, from Montpellier to Darien, shall work on the said rivers, for the improvement of the navigation thereof, at such times as the commissioners hereafter named shall direct, not exceeding five days in a year. Who liable U work on sail Persons ref'u- Sec, 2. Jlnd be it further enacted by tite authority aforesaid, That if any person or persons,- so liable to work on (lie said rivers, or owners of slaves to send them, shall Vng-or negiefe neglect or refuse to work (not having a resonahle excuse) after having five days notice for S/befiTulh that purpose, and to bring with him or them, such tool or tools as the commissioners shall require, shall be fined in a sum not exceeding two dollars for each day so neglecting or Tefusing; to be recovered before anyjustice of the peace in the Captain's district wherein such delinquent shall reside. Provided, such time of notice does not happen when persons Finesbowap- liable to work on public roads shall be called to work thereon; and all fines so recovered, l iiC^ shall be applied by the commissioners respectively to the use of clearing out the said rivers* Commissi m~ Sec. 3. Jlnd be it further enacted, That the commissioners after named and their "Successors respectively, be and tliey are hereby authorized and required, to appoint each ers to appoint *me an overseer in his district, and that the commissioners and their successors, and also aiu^Se^ the overseers so appointed, shall respectively before he, enters on the duties required of oat^' him by this act, take an oath bei'ore some justice of the peaee of the county wherein he resides, for the faithful discharge thereof Sec. 4. Jlnd be it f urther enacted, That it shall be, and it is hereby made the duty uf the Inferior courts of the respective counties adjoining the said rivers, within the inferior court aforesaid limits, in case any vacancv or vacancies shall happen of any commissioner or fil1 „vacan" ' ^ exes of com- commissioners in any manner whatever, to appoint a commissioner or commissioners to fill missiouers. . such vacancy or vacancies. Commission- ei s named and. Sec. 5. Jlnd be it further enacted, That the limits on th© said rivers for working thereon shall be in districts, and the commissioners thereto as follows, to wit: John Miles, commissioner for Montpellier, to the line dividing the counties of Hancock and Washing- tkeir limit# d<= ton, Francis Boykin from the said dividing line to the White Bluff, Reed Duprce from the White Bluff to the mouth of Buffaloe Creek, Robert Glenn from the mouth of Buffa- Joe Creek, to the mouth of Deep Creek, Elijah Blackshear from the mouth of Deep Creek, to the line dividing the counties of Washington and Montgomery, Samuel 86 LAWS OF GEORGIA, (No. 66.) Harrison, from the sakl dividing line to the Rock Spring, Peter Mercer from the Rock Spring, to Berry hill's 13] uf) James Elanehaid from Berryhill's Bluff to Silver Bluff, Thomas Raines from Silver Bluff to Stallings's Bluff, George Wyelie from Silver Bluff to Foard's Shoal, Short Long from Foard's Shoal to the junction of the Oconee and Oak- lnulgee rivers, Asa Travis, from the said junction to Milligan's Bluff, John Swilly from Milligan's Bluff to the mouth of the Ohoopie, Sbadrach Stanley from the mouth of the Ohoop'e lo Beard's Bluff, Martin Harden, from Beard's Bluff to the lower end of Oswell's cut, Richard Bryant from the lower end of Oswell's cut to the mouth of Pinhallaway, John Johnson from the mouth, of Finhallaway to Barien. Sec. 6. And be it further enacted, That any person or persons who shall obstruct wb£ructi^/°r tlie navigation of the said river by dams, shall forfeit an J pay the sum of ten dollars per day the &itidrivers for every day so stopped, or felling trees therein, for every tree so felled, the sum of five dollars, to be recovered before any justice of the peace of the county adjoining such obstruction, ta be entered up in separate judgments, the one half to be applied by the commissioners to the use of cleaning out the said rivers, and the other half to the use of any informer who shall prosecute an action thereon to effects Sec. 7. And be it further enacted, That an act passed the fifth of December, on© Repealing thousand eight hundred and one, for the improvement of the navigation of the Oconee and; Alatamaba rivers, from Montpellier to Barien, he and the same is hereby repealed. ABRAHAM JACKS OX, Speaker of the Rouse of Representatives*. DAVID EMANUEL, President. of the Senate, Assented to, December 1,1803, JOHN MILLED GE, Gqyebnob. clause. AN ACT To raise a iaxfoi? the support of government, for the year one thousand eight hundred and three. (No. 67.) E it enacted by the Senate. and House of Representatives, of the Stale of Georgia Tax act of General Assembly met, That the tax act of eighteen hundred and two, shall be and the 5802, re-enact same is hereby revived, re-enacted and continued as the tax act for the year eighteen bun- ed See No. 34. . ° with excep- dred and three 5 with the exceptions following, that is to say:—That the third section tions. thereof, which respects a tax on suits, shall only extend to suits where the debt or dam? PASSED IN THE YEAR 1802. ages sued for exceed five hundred dollars, on which shall be collected and (No. 67.) received the sum. of two dollars for the use of the State, to be taxed in the bill of costs, No suit taxed and paid by the clerk into the Treasury when collectedand that the fees of receiver of unless thedebt 10 " or damages ex tax returns, shall be the same as the fees of the tax collectors as established by the ceed 500 dol- afore-recited act, any thing contained in the aforesaid tax act to the contrary notwithstan- lars' ding; and except also, that all persons holding lands within the limits of this State, whose residence is without the same, shall either by themselves or agents, return all such lands as Collectors, and pay the taxes thereon in the counties wherein they respectively lie, any law to the contrary notwithstanding.* ABRAHAM JACKSON, Speaker of the House of Representatives. DAYID EMANUEL, President of the Senate. Assented to, December 1,1802. JOHN MILLEDGE, Governor. AN ACT T& amend an act, entitled (i An act to prevent encroachments on the river Savannah, and to remove such as now exist in the said river, or elsewhere, within the juris- diction and limits of the city cf Savannah. (No. 68.) HERE AS by the said act, the Mayor and Aldermen of the city of Savannah, arc vested with full pow er and authority, and have caused a survey of the wharf lots in the Preaiubl«. said city to he made; And whereas it is represented, that by the line marked by the said survey, the heads of most of the wharf lots would be more or less effected, and that so general a removal of the heads of the said wharf lets would prove greatly injurious to the said river Savannah, Sec. 1. BE it therefore enacted by the Senate and House of Representatives of the Stale CoTnmissioll of Georgia in General Assembly met, and by the. authority of the same, That Josiah ers appointed. Tattnall, jun. esquire, D. B. Mitchell,f and the Harbour-Master of the city of Savan- {mdtheir dut^ * This act re-enacted by act of 1803, No. 127, except so far cs relates to giving in returns by non-residents. f More commissioners appointed by act of 1803, No. 116, and authorizing the governor to appoint others in case of vacancies. ts LAWS OF GEORGIA, (No. 68.) nali, be and they are hereby appointed commissioners, and are vested with Full power and authority, and are hereby required, to extend the said line corresponding with the course of the river, and so as to preserve all the heads of the majority of the said wharf lots, and to present as uniform a front upon the river as may be, without injury to the navigation or channel of the said river. Line of whiaf Sec. 2. And he it further enacted, That the line when extended a9 aforesaid by the lot* defined. said commissioners, shall be held and considered, and is hereby declared to be the true line of the said wharf lots on the said river. Sec. 3. And he it further enacted,. That any of the heads built on any of the said Encroach- wharf lots, or any platform, building or other improvement whatsoever, which shall extend lino to be re- beyond the aforesaid line, shall be deemed and considered encroachments on the said moved- river, and the owner or owners thereof, or his, her or tlieir agent, or attorney, or the executor or administrators of such owner or owners, shall, within four months after the said line shall be ascertained and marked, and notice thereof given by the said commis- sioners, remove or cause to be removed within the said line, the part or parts of the said, wharf-head, platform, building, or other improvement as aforesaid.. Sec. 4. And he it further enacted, That if any owner or owners of the said wharf* lots, or his, her or their agent or attorney, or the executor or administrators of such no^remov^g owner or owners, shall neglect or refuse to remove or cause to be removed, the said encroachments, within the said term of four months, he, she or they so neglecting or refusing shall forfeit and pay for every foot such encroachments shall extend beyond the said line, five hundred dollars, to be recovered by action of debt or indictment, in any court having cognizance thereof^ at the instance of the Mayor and Aldermen of the city of Savannah, for the time being, and applied by the commissioners of pilotage to the- deepening of the said river Savannah:—And moreover, it shall and may be lawful for the said Mayor and Aldermen for the time being,, and they nre hereby authorized and requir- ed, to cause the said encroachments to be removed,, and the costs and expenses thereof, shall be a charge upon the said wharf lot, and may be recovered by distress and sale the said wharf lot and improvements, notwithstanding the forfeiture hereinbefore expressed. Bepeahng Sec. 5. And he it furtherenacted,, That so much of the aforesaid act as is repugnant to ♦Lftu&e. this net, be and the same is hereby repealed^ ABRAHAM JACKSON, Speaker of the House of Representatives* DAYID EMANUEL, President of the Senate*, Assented to, December 1, 1802. JOHN MILLEDGE, Goterkou, PASSED XX THE YEAR 1S02. AX ACT (No. 63.) To add a part of Wilkes county to Greene, and a part of Greene to Clark, and to make permanent the seat of the public buildings in the counties of Greene and Clark. HERE AS several citizens in the south western corner of Wilkes, have petitioned this Legislature, to he added to Greene. Preamble run. Greensboro' established as 'Sec. 1. jBE it enacted by the Senate and House of Representatives, of the State of Georgia in General Assembly met, and by the authority of the same, That from and after the passing of this act, all that part of Wilkes lying west of a line beginning where the Greene, present line between the two said counties crosses the south fork of Little River, running thence a straight line to the Greene and Hancock corner, on Ogechee river, be and the ■same is hereby added to the county of Greene. Sec. 2. And be it further enacted, That the county surveyor of Greene, be and he is hereby required to run and plainly mark the line aforesaid, and he shall be, and he is ihe^isTto "be hereby allowed the sum of ten dollars, for the expense of chain bearers, choppers &c« to be paid by the Inferior Court of the county ©f Greene, out of the county funds. Sec. 3. And be it further enacted, That Greenesborougli, be and it is hereby estab- lished as the permanent seat of the public buildings for the county of Greene. the permanent seat cf the public build- Sec. 4. And be it further enacted by the authority aforesaid, That all that part ings. of Greene county, lying northwardly of a line to be drawn from the mouth of Falling Creek, at the corner of Oglethorpe on the Oconee river, a direct line to the corner of Part ofGreene Greene and Clark counties, on the Appalatchee river, be added to the county of Clark, the^scat^of and that the seat of the public buildings in the said county of Clark, do remain permanent publiC build- • . lngs to remain in the town of Watkinsvilleand that the said line shall be run by any lawful surveyor permanent in at the expense of Clark county. . T/Vaticiwvmr. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. Assented to, December 1, 1802. JOHN MILLEDGE, Governor. See act of 1806, No. 227, for the better regulation and government of this town. M 00 LAMS OF GEORGIA, (No. 70.) AN ACT To authorize John Strahan, Willis Speer, and Joseph Mock, commissioners therein named, to open and keep open a road back of the Big Bay, in Effingham county.# •Preamble. HERE AS many of the inhabitants of Effingham county, labour under great dis- advantages by having a large Bay Gall, or Swamp between them, and the road leading from Louisville to Savannah, and have petitioned this legislature for redress. road. Commission- Sec. 1. BE it enacted by ihe Senate and Mouse of Representatives of the State of tooff said Georgia, in General Assembly met, That John Strahan, Willis Speer and Joseph Mock, be and they are hereby appointed commissioners of a road by them to be laid out, begin- ning at the plantation formerly occupied by Mr. Moore Speer, deceased, and continue down back of the Big Bay, as straight as possible until the same intersect the Ogecliee road at Ford's. Who liable to Sec. 3t. And be it further enacted, That the inhabitants liable to work on the road, work on it? " living back of the Big Bay, or nearest the said new road, are hereby declared liable to work on said read, and no other, any law or regulation to the contrary notwithstanding. ABRAHAM JACKSON, Speaker of the House of Representatives* DAVID EMANUEL, President of the Senate. Assented to, December i, 1802. JOHN MILLEDGE, Governor. (No. 71.) ** ACT To amend an act, entitled " An act to divide the county of Jacksonpassed Ihe ffih day of December, 1801. preamble. y f HEREAS the above recited act, does not embrace all the objects for which it was contemplated. Centre of the ®EC* it Iherfore enacted by the Senate and House of Representatives in General county to be Assembly met and by the authority of the same, That the county surveyor of the county of ascertained. * * This act amended by act of 1803, No. 115. PASSED IN THE YEAR 1SQ2. 91 Jackson, be and he is hereby directed to employ two chain bearers, and immediately pro- (No. 71.) ceed to admeasure the lines of said county, and ascertain the centre thereof, and shall officially certify the same to the commissioners of the court-house and jail, who may be appointed by virtue of this act, for which services compensation shall be made at the ex- pense of said county, by the Justices of the Inferior Court. Sec. 2. And be it further enactedby tlie authority aforesaid, That the Justices of the |nferior Court Inferior Court, be and they are hereby appointed commissioners of the court-house and to fix on the jail in said county, and they or a majority of them, are vested with full power and autlio- buiid°in|s\vith rity to ffx on the most convenient place within two miles of the centre of the county as aforesaid, at which, courts and elections shall be held as soon as suitable buildings are erected thereat, and the said commissioners or a majority of them, are hereby authori- zed and empowered to contract with lit and proper persons for the purpose of building a court-house and jail in. the county aforesaid, which after at least thirty days notice, shall be let to the lowest bidder.* Sec. 3. And be it f urther enacted by the authority aforesaid, That the Justices of the Inferior Court of said county, are hereby authorized and empowered to levy a tax, not vied for de-- frffvin? 6XDGii« exceeding one sixth of the general tax, on the inhabitants and taxable property within the se/ Qf Said same, for the purpose of erecting a court-house and jail, and defraying the expense of the county surveyor, and chain bearers as aforesaid, which shall be done in such manner as. iiL their judgment will be least burthensome to the people. Tax to be le- buildings. Sec. 4. And be it further enacted by the authority aforesaid, That so much of the R ^ ^ before recited act, as militates against this act, be and the same is hereby repealed. clause. ° ABRAHAM JACKSON, Speaker of the House of Representatives* DAVID EMANUEL, President of the Senate. Assented to, December 1, 1802., JOHN MILLEDGE, Governqk. Sec act of 1803, No. 84, repealing this section, and appointing other commissioners; LAWS OF GEORGIA* (No. 720 an act To appoint commissioners for the letter regulation anil government of the ioxvn of Preamble. Y HEREAS the town of Petersburg requires regulation. Sec. l. BE it therefore enacted by the Senate and House of Representatives of the Commission- State of Georgia, in General Jlssembly met, and by the authority of the same, That the e.s appointed. f0u0wjng persons to wit:—Robert Thompson, Leroy Pope, Richard Easter, Samuel Watkins, and John Ragland, he and they are hereby appointed commissioners of tbe town of Petersburg, and that they or a majority of them, shall, immediately after the passing of this act, convene and proceed to the appointment of a clerk, and such other officers as they may deem necessary, to carry this act into execution. Sec. 2. *lnd be it further enacted, That the said commissioners shall hold their respective appointments hereby given, until the first Monday in January? 1804, at which fheir powers. andon every subsequent first Monday in January thereafter, the citizens of Peters- burg, entitled to vote for members of the General Assembly, shall choose by ballot, five persons to succeed them as commissioners of said town, and they shall have, and they are hereby vested with full power and authority, to make such bye-laws and regulations, and to infiiet or impose such pains, penalties and forfeitures, as in their judgment shall be conducive to the good order and government of the said town of Petersburg Provided, that such bye-laws and regulations, he not repugnant to the laws and constitution of this State, and that the pains, penalties and forfeitures aforesaid, shall not extend to life or member.^ ABRAHAM JACKSON, Speaker of the House of Representatives* I) AY ID EMANUEL, President of the Senate. Assented to, December 1, 1802. JOHN MILLED GE, Govehnor. * See act of 1804, No. 137, amendatory of tliis act. PASSED IN THE YEAR 1802. 93 AN ACT To authorize Josiah Tattnall, jun. Nicholas Long, and Philip Clayton, late commission- ers of reverted confiscated property, to supply certain words omitted in the titles of the Reverend William M'Wliir, a purchaser at the sales of the {foresaidproperty. IIEREAS it appears that the Reverend William M'Whir, did, at the sales of reverted confiscated property, on the 23d July, I79i, become the purchaser of a tract of land, which is described in the advertisement of the commissioners, in the following preamble, words, to wit: That tract of land containing 200 acres, bounded on the east by salt marsh, to the west on lands of Thomas Morris, to the north on lands of Jeremiah Dickinson, and the south on lands formerly Westberry's, now William Woodward's; And whereas* it further appears, that in filling up the titles to the said William M'Whir, the following words were omitted, to wit: "To the west on lands of Thomas Morris, to the north on lands of Jeremiah Dickinson, and south on lands formerly — Westberry's, now William Woodward's," whereby the title of William M'Whir, is rendered defective and wholly useless ,* for remedy whereof— RE it enacted by the Senate and Mouse of Representatives of the State of Georgia, in ^ r f f General Assembly met, and it is hereby enacted by the authority of the same, That Josiah Wm. M'Whir Tattnall, junior, Nicholas Long, and Philip Clayton, late commissioners of reverted confiscated property, be and they are hereby authorized to supply the afore-recited omitted words, in the titles of the aforesaid William M'Whir, which shall be held and consideredof the same force and validity, as if the said words had been therein originally inserted, any jaw to the contrary notwithstanding. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. Assented to, December 1, 1802. (No. 73.) JOHN MILLEDGE, Govern ob. LAWS OF GEORGIA* (No. ri.) AN ACT To authorize an extra session of the Superior Court of Chatham, county. "SV HERE AS it lias been represented, that in consequence of the long vacancy in the appointment of Judge of the Eastern District, the suits and prosecutions, have been so- greatly accumulated in the county of Chatham, as to render an extra session of the Supe- rior Court of said county, highly necessary and.expedient*.. Extra session Sec. l. BE it enacted by the Senate and House of Representatives of the State of or1 CourtJC of ®eorgia> 271 General Jtssembly met> and it is hereby enacted by the authority of the same That the Judge of the Eastern District shall hold, and he is hereby authorized to hold, an extra session of the Superior Court of said county, to commence on th6 second Mon- day in January next. Chatham coun Ty, authorized drawn,'cifc. Sec. 2.. And be it further enacted by the authority aforesaid, That from and immedi- ately after the passing of this act, juries shall be drawn and summoned to attend, and serve Juries to be on trials at the said extra session, in the mode already pointed out by law. Provided nevertheless, That where juries have been already drawn for the next regular term of said Superior Court, such juries shall stand over, and be considered the legal juries under and1 for the purposes of this actany law to the contrary notwithstanding. ABRAHAM JACKSON, Speaker of the House of Representatives DAYID EMANUEL, President of the Senate. Assented to, December 1, 1802. JOHN MILLED GE, Governor,. an act: (No. 75.) To incorporate the Savannah House Carpenters» HERE AS, George Robertson, George Henry, Asa Hoxey, Francis Roma, James Shaffer, William Mitchell, Thomas Ball, George Myers, Joseph Kuban, Frederick Bolinger, Philip Ncwion, Peter Wyh, William Mills. John Long, Christopher Hall, Preamble. Jtobert Frazer, Edward Jones, L. de Young, Jo] m Rcddmole, John Brewer, John Street^ Benjamin Collier, John Gable, William Burnside, John Peter Dates, John Bowles*. PASSED IN THE YEAR 1S02. ■ »S -Alexander Wilson, William Pearson, Thomas Jones, Thomas Hardy, John II. Shaw (No. 73.) Joseph Stilwell, Sohn Hoxam, Nathaniel Lewis, William Mathews, John lieed, Sanuiel Bass, Joseph Shepherd, William Warrington, Isaac Tichener, Goodlip Hover, William Spencer, and William Burke, have by their petition represented, that they are of that class of mechanics called House Carpenters, and being desirous of placing their craft upon a more respectable and social footing than heretofore, so that the objects thereof may be essentially benefitted and improved, have prayed the Legislature to grant them an act of incorporation, Sec. 1. BE it ther fore enacted by the Senate and House of Representatives of the State - of Georgia in General Assembly met, and by the authority thereof, That the several per- incorporaieu sons herein before named and mentioned, and others who may become members of the said class of mechanics called House Carpenters, respectively,, the officers and members thereof, and their successors, shall be and they are hereby declared to be a body corpo- rate, in name and deed, by the style and denomination of " the Savannah House Carpen- ters," and by the said name and style shall have perpetual succession of officers and mem- bers and a common seal to use, and shall have power and authority to make, alter, amend, and change such bye-laws, as may be agreed on by the members of the same, Provided, such bye-laws be not repugnant to the laws and constitution of this State, or the United States. Sec. 2. And be it further enacted by the authority aforesaid, That they shall have full power and authority under the said style and denomination, to sue and be sued, implead, and be impleaded, answer and be answered unto, in any court of law, or at any tribunal having jurisdiction thereof, and the rights and privileges of the said society, or corpora- ted body, in any court of law, or at any tribunal whatever to defend, and shall be and -are hereby declared, to be vested with all the powers and advantages, privileges and -emoluments of an association or society of people incorporated, for the purposes and intentions of their said association. Sec. 3. And be it further enacted, That this act shall be, and is hereby declared to be a public act, to all intents and purposes whatever. ABRAHAM JACKSON, Speaker of the House of Representatives* DAVID EMANUEL, President of the Senate. Assented to, December 1, 1802. Tlieir poweiS> JOHN MILLED GE, Goybrnob. 90 LAWS OF GEORGIA, (No. 76.) AN ACT To secure v.nto Joseph Hay, the exclusive right and privilege, to receive loll at a bridge he has erected over Little Liver. IIEREAS Joseph Ray, has represented by petition, that lie has at great expense, Preamble, erected a bridge over Little River, on the Washington road; and in order that said bridge may be productive of more general utility, prays that he may be authorized to receive toll at said bridge for a limited time. WIIER.EEOLE—Be it enacted by the Senate and House of Representatives of the State Allowed toll ®eor3ia &cneral Assembly met, and by the authority of the same, That the said and the rates. Joseph Ray, his heirs and assigns, shall havd the sole and exclusive right of receiving toll at said bridge, and the said Joseph Ray, his heirs and assigns, shall and may legally demand and receive, during the term of ten years, a toll in the following manner, that is to say:—For every loaded waggon and other four wheeled carriage, twenty-live cents; for every empty waggon, twelve and a half cents j for every loaded cart, or other two wheeled carriage, twelve and a half cents; for every empty cart or dray, six and a quar. ter cents; for every man and horse, six and a quarter cents; for every foot passenger, six and a quarter cents; for every rolling hogshead, twelve and a half cents; for all black cattle per head, one cent,; for all hogs, sheep and goats per head, one cent and no more, any law; to the contrary notwithstanding. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. Assented to, December 1, 1802. JOHN MILLEDGE, GOVERNOR. (No. 77.) Preamble. AN ACT To authorize Joseph Rice, to establish a Lottery. Wi HERE AS Joseph Rice, has by petition represented, that he has in his possession, plate, jewelry, watches and other articles of a similar nature, of great value, which he cannot sell and dispose of in the usual and regular course of his profession, as a "Watch-maker, and prays that he may be authorized, to sell and dispose of the same by the scheme of a lottery. PASSED IN THE YEAE 1S02. Sec. 1. BE it enacted by the Senate and House of Representatives of the Stale of Gcor- (No* 77.) gia, in General Assembly met and by the authority of the same, That it shall and may be lawful for the said Joseph Rice, to establish a lottery, from and immediately after the lottery allow passing of this act, to raise the sum of ten thousand dollars, under such scheme and ed* regulations, as he may deem necessary and proper, to carry into effect the above, recited * Object. " Sec. 2. And be it further enacted, That so soon as the said lottery shall have been completed, the said Joseph Rice shall pay into the Treasury of this State, the sum of ^ two hundred dollars, which is equal to the rate of two per centum on the aforesaid sum required, of ten thousand dollars, the capital t>f said lottery. ABRAHAM JACKSON, Speaker of the House of Representatives* DAVID EMANUEL, President of the Senate* -Assented to, December 1, 1802. JOHN MILLEDGE, Governor. AN ACT To authorixe the inhabitants of certain ivards, that now are, or may be laid off in Savannah, to vote for Aldermen. (No. 78.) Wi HERE AS certain wards are laid off from the commons, appurtenant to the city of Savannah, the inhabitants whereof are not represented in the council of the city of Savannah. Preamble. Sec. l. BE it therefore enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and by the authority of the same, That it shall and may be lawful for the persons entitled to vote for Aldermen, and who reside in the present new wards of the city, to meet together, and on the first Monday in January next, Certain wards at such place or places as the city council shall direct, and vote for Aldermen qualified to Lntation^ia be elected as follows: The two wards called Greene and Columbia, shall be united, and Clt7 C0URa he entitled to one Alderman j the wards called liberty and Elbert, shall be united, and entitled to one Alderman, to be elected in manner and form as the other Aldermen for •N ' (>3 , LAY'S OF GEORGIA, (No. 7S.) the said city are elected, and to continue in office until the next general election for Aldermen for the said city, and from thence he elected annually, as is prescribed by the acts relative to the said city corporation. when cer- .Sec. 2. And be it f urlher enacted, That when the said wards called Greene, Colum- miv be^OTti- Liberty and Elbert, or any other ward that now is, or shall hereafter be laid off by the city council, from the lands appurtenant to the said city, shall have each twenty dwelling houses, or tenements occupied, such wards shall be entitled to elect an. Alder- man y and where any two wards have not more than twenty dwelling houses, or tenements occupied, such two wards united, shall he entitled to elect one Alderman, when the quali- fie all on aforesaid shall he duly notified by the city council, at the general election for. Aldermen of the said city, as is prescribed by law. Sec. 3. And be it further enacted, That from and after the passing of this act, if any person or persons entitled to vote at the elections for Aldermen of the said city, shall voting out of vote in. any ward, other than that in which he or they may or shall reside, every person wardPr°Pei s0 °^cn^I1S» shall forfeit and pay to the corporation of the said city, the sum of thirty dollars, to he recovered in a Justices court of said city, and every vote so given contrary to this act, shall be void and of no effect; and if such offender or offenders should have neither real or personal property, with which to satisfy the same, he ol* they may be committed to the common jail of the county, for ten days. ABRAHAM JACKSON, Speaker of the Ilouse of Representatives? DAYID EMANUEL, President of the Senate. Assented to, December 1, 1802. < JOHN MILLED GE, Goveknob. AN ACT* (No. 79.) To carry into effect the ninth section of the third article of the Constitution. IIEREAS marriage being among the most solemn and important contracts in Treamble. society, has been regulated in all civilized nations by positive systems ,* And w hereas* circumstances may require a dissolution of contracts founded on the mo»t binding and * * Sec act of 1806, No. 235, amendatory of this act. PASSED IN- THE YE All 1S02.. sacred obligations which tlie human mind has been capable of devising, and suchcircum- (No. 70.) stances may combine to render necessary the dissolution of the contract of marriage, which dissolution ought not to be dependant on private will, but should require Legislative interposition; inasmuchris the republic is deeply interested in the private happiness of its citizens: And whereas, the Constitution of this State declares that « Divorces shall « not be granted by the Legislature, until the parties shall have had a fair trial before « the Superior Court, and a verdict shall have been obtained, authorizing a Divorce (< upon legal principles ; and in such cases, two thirds of each branch of the Legislature "•may pass acts of Divorce accordingly/' And doubts being entertained by the Judges of the Superior courts of this State, with respect to tlieir powers of deciding upon applications for divorce, before the General Assembly have legislated upon the said' section of the third article of the Constitution: For the purpose of obviating said- doubts, and of carrying: into effect the said section of the Constitution, therefore, * * JBE it enacted by the Senate and House of Representatives, in General Divorce to be Assembly met, and it is hereby enacted by the authority of the same, That the Divorce trImonii° recognized by this act, shall be the total Divorce, that is to say—The Divorce a vinculo matrimonii., Sec. 2. And, be it further enacted, Tliat the proceedings on divorce shall be by petition to the court, which petition shall plainly and fully state the cause or causes of Manner of the application for such divorce, to which petition the clerk shall annex a citation signed a suit for dU by such elerk, and bearing test in the name of the judge having cognizance of the ^rce* ease, directed to the sherifl) 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 copy of such petition and citation on the defendant, or by leaving a copy at his or her most notorious place of abode* Sec. 3. And be it ftirther enacted,. That the following proceeding shall be observed by the defendant, to wit:. The defendant shall appear, at the court to which the petition What to and citation are made returnable, and on or before the last day of the court, shall make foldanv his or her answer or defensive allegation in writing, signed by the party making the same, or* his or her attorney, which may Extenuate, deny or contain as much matter, or as many circumstances, in his or her defence, as the said defendant may think neees- sary and proper therein.. Sec. 4. And be it f urther .enacted, That where the said defendant shall fail to * ^ ^ ^ ^ appear as aforesaid, the court shall proceed to give judgment by default, which shall be default, enquired of as the law directs, and has heretofore been the custom and practice of courts as in cases of default* 10O» LAWS OF GEORGL1, (No. 79,) Sec. 5. And be it further enacted, That the verdict of the jury, which by the verdkt!0fthe aforesaid section of the constitution must in its nature be interlocutory, not definitive, shall be in the form and words following,, to wit: " We find that sufficient proofs have been referred to our consideration to authorize 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 Constitution. "What to be Sec. 6. «And be it further enacted by the authority aforesaid,. That when-any persons the deftniint 0llt the limits of this State, that has complaint alledged against them by reside* out of virtue of this act, the judge presiding may make a rule of court to compel their tfcc state- attendance, or proceed to. trial in case of default. ABRAHAM JACKSON, Speaker of the House of Representatives* DAYID EMANUEL,. President of the Senate. 'Assented to, December 1, IS02, JOHN MILLEDGE, GOVEKSOSU*. (So. SO.) . ** ACT To make Distribution of the late Cession of Lands, obtained from the Creek Nation by the United States' Commissioners, in. a Treaty entered into at or near Fort Wilkinson, on the sixteenth' day of June, eighteen hundred and two. Sec 1* ~ JLlfE it enacted by the Senate and House of Representatives of the State of Georgia, Cession de- in General Assembly met, and by the authority of the same, That the Territory south of the fined and laid Oconee and Alatamalia rivers, that is to say:—Beginning at the -upper extremity of tlie c.s s --tiun repealed by act of 1803, No. 97, section second. PASSED IN THE YEAR 1S0S. 107 Sec. 16. And be it further enacted by the authority aforesaid, That immediately (No, 80.) •fter the boundary line shall he run agreeably to this act, live commissioners to be appointed by the Legislature, shall at the most eligible and suitable place, at or near the head of navigation on the south side of the Oconee river, lay out a tract of land Milledgeville containing three thousand two hundred and forty acres, or sixteen of the aforementioned to be laid off- tracts, of two hundred and two and an half acres each, as laid off by the district survey- ors; which is hereby reserved and set apart for a town to be called and known by the name of Milletlgeville; and shall on such, part as they may deem most proper, lay olf lots containing one acre each ; and shall lay a plat of the said traet of land, together with a plan of the town, before the next General Assembly, and such number of lots shall be disposed of as they may deem expedient. Sec. 17. And whereas it may so happen, that persons may have surveyed lands in All former the aforesaid cession, contrary to law, and on which grants may have issued: Be it there- this fore enacted by the authority aforesaid, That all such surveys or grants, are hereby declared declared to be null and void to all intents and purposes, as though the same had never been made or issued ; nor shall any survey or grant, for lands in the aforesaid cession, be admitted to a jury as evidence of (he title of the lands in this act described, except those obtained by virtue and under the authority of this act, any law to the contrary notwithstanding. ABRAHAM JACKSON, Speaker of the House of Representatives. SOLOMON WOOD, President of the Senate, pro. tern, Assented to, May ll, 1803. JOHN MILLEDGE, Governor. AN ACT To amend an act, pointing out a mode for adjusting the claims cf the citizens of this State, against the Creek Nation* (No. 81.) gEC ^ E it enacted by the Senate and House of Representatives of the State of Comptroller General to ex;- amine claims to examine all such claims of the citizens of this State against the Creek Indians,, for pro- ^Ve^rtthem perty plundered and detained from them by the said Indians, as may be laid before him Gwer- by the Executive on or before the first day of November next, and that he do report t© nor. IDS LAWS OF GEORGIA, (No, 81*) the Executive a schedule thereof as soon as possible thereafter; and that his Excellency the Governor be, and he is hereby required to deliver to the Comptroller-Geueral, such claims as are now deposited in the Executive Department, against the said Indians, and also, all such as maybe received on or before the said first day of November next. Sec. 2. And be it further enacted, That the Comptroller General be allowed and paid to^be^paid'by1" ou* contingent fund, a sum which may be deemed by the Executive, an adequate the governor, compensation for his trouble.^ ABRAHAM JACKSON, Speaker of the House of Representatives* SOLOMON WOOD, President of the Senate, pro. tcm. \sseuted to, May 9, 1803. JOHN MILLEDGE, Goveknok. (No. 82,) AN ACT Supplementary, to an act, entitled, " An act to Establish a fund for the Redemption of the Public Debt of this State." HEREAS by the above recited aet, it is made the duty of the commissioners Preamble. therein named and appointed, to superintend the surveyor by them i*o be appointed, while on the duties of his office, while seeking out and re-surveying the lands belonging to this State, (agreeable to the act of confiscation) previous to their being sold as directed by said act; and no compensation is allowed by said act, to said commissioners, for their time and expenses, while attending on that part of the duties of their office-—For remedy whereof, Sec. 1." BE it enacted by the Senate and House of Representatives, of the State of commission- Georgia in General Assembly met, and by the authority of the same, That from and ors appointed immediately after the passing of the above recited act, the said commissioners shall be to supenn- . tend certain entitled to receive,^! the rates of three dollars per day, each, while in actual service of the ^mpTnsltefb State*in superintending the said surveyor* wliile on the duties of his office, as pointed out by said aet, as a compensation for their time and expenses, while attending on that part of the du^- ties of their office which shall be paid out of the monies arising from the sales of suchpropcrty. ' See act of 1807, No. 276, repealing this and all other sets on this subject. PASSED IN THE YEAIl 1803, 109 And whereas, it appears by the report of sakl commissioners, laid before this Leg-is- laturc, that there is a probability that property to a large amount belonging to this State, still remains undiscovered or concealed from the commissioners of the State, for want of proper encouragement being given to individuals to encourage them to make such property known—Therefore* Sec. 2. Be it enacted hy the authority aforesaid, That it shall be the duty of said com- missioners, on receiving from any person or persons* good information of any property, RcWArd offer- belonging to this State, byvirtue of the act of confiscation, (not discovered or pointed ed for disco- 00 *' # v in very of lands out before the passing the above recited act) to proceed and make sale of the same subject to be agreeable to said act, and shall pay unto such informer or informers, at the rate of ^ctof confis-'6 twenty per centum, out of the nett proceeds of sales of such property, by them pointed cation- out: Provided, he or they shall go forward with one or more of the commissioners, and assist them to identify said property, to the satisfaction of said commissioners; and the said commissioners shall take hoipl and security of such informer or informers, in dpiihle the amount of the premium to be received by him or them, conditioned, that if any or all of said property, so pointed out by him or them, shall hereafter be legally claimed, and the State shall think fit and proper to refund the same, or the amount of sales thereof^ that then, and in that case, he or they shall refund to the State, his'or their commission so received, for or on account of such information, for such part thereof as may be so legally claimed. Sec. 3. And he it f urther enacted, That it shall he lawful for said commissioners to tax a bill of cost for any necessary expenses they may he at, in taking into possession* and supporting any negro or negroes, they may have occasion to take into their posses- sion, by and in compliance with said act; and all other necessary expenses they maybe at, in seeking after and securing any property belonging to this State, in order to make sale thereof, in conformity to said act; and the said bill of expenses so arising, shall bo laid before bis Excellency the Governor, for his approbation, and shall be paid out of the monies arising from the sale of such property. Sec. 4>. And he it further enacted, That when it shall appear to the Legislature of this State, that the said commissioners have sold any property, (by virtue of this or the before recited act) to which ilie said State has not a legal claim, and the person or per- sons claiming the same, have supported their claim in a court properly authorized to try the same, and obtained a judgment in his or their favor, the purchaser or purchasers shall be refunded out of the treasury of this State, the amount of sales of such property, in th$ same kind of payment as he or they have made to the commissioners. (No. 82.) All necessary exjx us s : t ' be paid the commission- ers. Property sold illegally to be restored and the money refunded no LAWS OF GEORGIA, (No. 82.) Sec. 5. Be it therefore enacted, That a plat of each tract of land, which shall be lamlsjid tobe s°hl in pursuance of this actj the before recited or confiscation act, shall be made out by made out and the aforesaid commissioners, who *>hall affix the same to each title, which shall be given annexed tothe . deed of the or signed by them. commission- ers. t . Sec. 6. Jind he it further enacted, That it shall be the duty of the Secretary of information to State and Surveyor-General, to give sueli information to the aforesaid commissioners as cnL^>ml U S1 their respective offices may afford, for which services they shall be paid the usual office fees; and no person shall receive any emolument for any information whatever, except for shewing the premises, and more fully identifying the property, that can be obtained by information of record. ABRAHAM JACKSON, Speaker of the House of Representatives. SOLOMON WOOD, President of the Senatepro. tem. Assented to, May 9, 1803. JOHN MILLEDGE, Governor. (No. 83.) ACT To authorize the Justices of the Inferior Court for the county of Greene, to lay an extra Tax for the purpose of erecting a Court-House* for said county. E it enacted hy the Senate and House of Representatives, in General *,lssembty Greene coun- met, That the .Justices of the Inferior Court for the eounty of Greene, are hereby ty authorized . * , • . , , . to lay an ext a authorized and required, to impose a proportionate extra tax on the respective irihabi- mentofpublic *ants sait® county, annually, for the term of three years in succession, not exceeding buildings. the one half of the annual general State tax of each inhabitant j whieh said tax shall be collected in the same manner and under the same restrictions as are laid down for the collection of the general tax t>f this State; and when the sum so collected, shall amount to the sum of five hundred dollars, or upwards, it shall he the duty of the Justices aforesaid, to contract with some fit and proper person to build a convenient court-house for said county; and the monies so arising from the extra tax as aforesaid, shall he appropriated for the special purpose of paying for, and completing the said building, any law to the contrary notwithstanding. ABRAHAM JACKSON, Speaker of the House of Representatives. SOLOMON WOOD, President of the Senate,pro tem. Assented to, May 3, 1803. JOHN MILLEDGE, Governor. Authoinzed by act of 1805, No. 1S4, to levy an extra tax to bu.u J" • V> se and Jail alio. PASSED IN THE YEAR 1803, 114 AN ACT (No. 8i.) To repeal an Act, to amend an Act, entitled ((An Act to divide the county of Jackson," so far as it resjiects the commissioners of the Court-House and Jail. Sec lul 'JO E it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That th/^infcrior Samuel Henderson, George Reid, John Aspie, Etheldred Wood, John King, Isaac ^!ou^t not to Bouren, and Robert Montgomery, be, and they are hereby appointed commissioners of missionersbut the court-house and jail in the county of Jackson, in place of the Justices of the Inferior £^ers aPPoil* Court; and they or a majority of them, are hereby empowered and fully authorized, at their own discretion to fix on the most proper place to erect the court-house and jail in said county, and also to let the building of the same to the lowest bidder, after giving thirty days notice, or by private contract or agreement, as they may think most beneficial. Sec. 2. And be it further enacted, That the Justices of the Inferior Court are hereby But the court directed to make provision agreeable to law, for the payment of such sale or contract, as ^sk^to *pa? the said commissioners or a majority of them may make. contracts. Sec. 3. And be it further enacted by the authority aforesaid, That so much of the above Repealing- recited act, as militates against this act, be and the same is hereby repealed. clause. ABRAHAM JACKSON, Speaker of the House of Representatives. SOLOMON WOOD, President of the Senate, pro Urn. Assented to, May 3, 1803. JOHN MILLEDGE, Governor. AN ACT (No. 85.) " Further to extend the powers of the Comptroller General. 15 E it enacted by the Senate and House of Representatives of the State of Georgia, in certain po\r- General Assembly met, and by the authority of the same, That it shall and may be law- cmnptroller ° ful for the Comptroller General to take in the outstanding evidences of the claim of General the legal representatives of Captain James Wood, deceased, of the late state troops; and also the claims of George Andrekin, Robert Anderson, the heirs of Joseph at LAWS OF GEORGIA, (No. 85.) Edge, deceased, Isaac Mathews, William Farmer, and Miles Laurence, as soldiers in the late state troops: Provided, That he shall find said vouchers to be genuine. ABRAHAM JACKSON, Speaker of the House of Representatives. SOLOMON WOOD, President of the Senate, pro tem. Assented to, May 9,1803. JOHN MILLED GE, Governor (No. 86.) AW ACT Explanatory of an Act, entitled an Act, to amend an Act, entitled " An Act, to revise and amend the Judiciary System of this State," passed the sixteenth day of Feb- ruary, one thousand seven hundred and ninety-nine, so far as respects the person or persons authorized to take the bonds or obligations from Sheriffs, and the time for- holding courts in the Eastern District, passed the fifth day qf December, eighteen hundred and one. Preamble.- Judge of the HERE AS doubts have arisen respecting the proper persons authorized, ©r kiten- ded by law to take the bonds or obligations of the Sheriffs of this State : for remedy whereof, Sec. 1. BE it enacted by the Senate and Mouse of Representatives qf the State of ^Tf^ Georgia, in General Assembly met, That every Judge of the "Superior, or a majority of inferior court the Justices of the Inferior Courts, of the respective Counties throughout this State, iffs^bonds,'ler" is and arc, and by intendment of law, ought to have been taken, held, deemed and considered, as competent in lawr, to take the bonds or obligations of Sheriffs, and to qualify them as by law directed. Time of hold- > ("mrts Tn^the ^EC* be it further enacted, That the time for holding the Superior Courts Eastern cir- in the Eastern District, Fall term, shall be on the fourth Monday in October, in Camden county, the Monday thereafter in Glynn; the Monday thereafter in M'Intosh ; the Monday thereafter in Liberty; the Monday thereafter in Bryan; the Monday the* rafter in Bulloch ; the Monday thereafter in Effingham; and the first Monday in Jam-mry? in Chatham. * Sec. 3. And he ii further enacted, That nil planner of writs and actions, and all writs or processes, as well jurors as witnesses, and all manner of business of every PASSED IN THE YEAR 1803. 115 "**> 1 ' ' ■ " ■ T - ■■■■•■ i ■■■ ■ — i, . I.I ■■ I- ■ . » kind or description whatever, now depending in any of tlie courts aforesaid, shall stand (No. 86.) over and he acted upon, at the several periods herein pointed out for holding said courts, stancj over to in the same manner as if no alterations had taken place as to the time of holding the said courts, any law to the contrary notwithstanding. said courts. ABRAHAM JACKSON, Speaker of the House of Representatives. SOLOMON WOOD, President of the Senate, pro tern. Assented to, May 11, 1803. JOHN MILLEDGE, Goyebkob. AN ACT (No. 87.) To divorce Betsey Chandler Williamson and Mathias Williamson, her husband. HEREAS it appears that the parties in the above recited case, have had afair preamble, trial in the Superior Court, ancLa verdict hath been obtained, authorizing a total divorce, therefore;— " ,v Sec. l. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That from and after the passing of this act, the Divorced, matrimonial connection, or civil contract of marriage made between the said Betsey Chandler Williamson, formerly Betsey Chandler Blackwell, and Mathias Williamson, her husband, shall be completely annulled, set aside, and dissolved, as fully and effec- tually, to all intents and purposes, as if no such contract had ever heretofore been made and entered into between them.- Sec. 2. And be it further enacted, That the said Betsey Chandler Williamson is hereby declared a feme sole; and she shall not in future be allowed, on any pretence She declared whatever, ta charge the said Mathias Williamson, his heirs, executors, or administra- Ldnotl°iiow- tors, or his or their estate, with any debts or dues other contracting, or with actions ed anT cla,Im _ „ , " uPon ter hui5* of or for damages, for or on account of any tort, trespass or damages whatever, which baud. shall be hereafter committed ur done by the said Betsey Chandler Williamson; nor shall she be entitled to dower of, in, or but of the estate of said Mathias Williamson, but shall he considered as barred of that right, and as haying forfeited the same* P LAWS OF GEORGIA; (No. 87.) Sec. 3. And be it further enacted, That Use said Betsey Chandler Williamson, am? Declared tn- jbTnthjag Williamson, in future shall be deemed and considered as distinct and separata tirclysepa- ' .... ... . . uaic. 1 persons, altogether unconnected by any mistical union or civil contract heretofore enter*- cd into between them. ABRAHAM JACKSON, Speaker of the House of Representatives* SOLOMON WOOD, President of the Senate pro tern** Assented to, May 9tb, 1803. JOHN MILLED GE, GovEnjroEi. (No. 88.) fteliered. AN ACT' To take off the act; of Confiscation and Banishment, the name off fames Hume* E it enacted by the 'Senate and House of Representativesin General Assembly met, and it is hereby enacted by the authority of the same, That the act, entitled, " Aw act for inflicting' penalties on, and confiscating the estates of such per- sons as arc therein declared guilty of treason, and for other purposes therein mentioned,1" passed the fourth day of May, one thousand seven hundred, and eighty-two, so far as relates to the banishment of James Hume, be, and the same is hereby ' repealed 3 and that the said James Hume be, and he is hereby restored to all the rights of citizenship, with full liberty to remove into this State. Provided, Tliat he shall not be entitled to claim, hold or recover any property under the above recited hot, formerly belonging to the said James Hume. ABRAHAM JACKSON, Speaker of the House off Representatives* SOLOMON WOOD, President of the Senate pro. tem* Assented to, May 9, 1803. JOHN MILLED GE, Goveu^oe, PASSED IN TIIE YEAH 1S03. lishcd. AN ACT (No. 89.) To-secure.to Jesse M'Call, the exclusive right to erect ti TollBridge over Vie river Great Ogechcc, E it enacted by the Senate and House of Representatives of the Slate of Georgia, in General Assembly met, and by the authority of the same, That from and after1 the passing bridge'and^ of this act, that Jesse M'Call, his heirs and assigns, shall have the exclusive right to the toll estab* 'erect a toll bridge over the river Great Ogechee, at or near his ferry 011 his own land, and shall be allowed two years to build the same; and is authorized to receive the follow- ing toll, viz.—For every waggon aud team, fifty cents; for every cart and three horses, twenty-five cents; for every cart and two horses, eighteen and three quarter cents; for every cart and one horse, twelve and a half cents ; for every man and horse, six and a quarter cents; for every chair or siilkey, twenty-five cents; for every four wheel car- riage, fifty-cents; for every foot passenger, four cents; for every rolling hogshead, twenty-five cents; for every head of neat cattle, two cents; for every head of sheep, liogs or goats, one cent: Provided, That nothing in this act contained, shall injure or impair the right of any otkerperson. or persons, airy law to the contrary, notwith- standing.* ABRAHAM JACKSON, Speaker of the House of Representatives SOLOMON WOOD, President of the Senate, pro tern Assented to, May 9, 1805. JOHN MIIXEDGE, Govmiiciu AN ACT (N°- 90-5 ^Fo Pardon Joseph Bridges* HERE AS at a Superior court held in and for the county of Hancock, for February term, in the year of our Lord one thousand eight hundred and three, a certain Joseph Bridges was convicted of the crime of murder, and received sentence of death, to be executed on the eleventh day of March after the said conviction; but on the peti- • See act of 1804, No. 139~Supple«icntary to this act 110 LAWS OF GEORGIA, (No. 90.) tion of sundry persons, inhabitants of the said county of Hancock, to hfs Hxcello icy the Governor, praying a respite for the said Joseph Bridges, which was, 0lanted, till the twentieth day of May next. HE it enacted by the Senate and House of Representatives of the 8t"1e of Geo- •»», in cs psu-donedf" General Assembly met, arid by Hie authority of the same, That from and iuued;, j Mier the passing, of this act,pthe said Joseph Bridges be, and he is hereby declared j h - fulb 3 freely and entirely pardoned, exonerated and discharged from the pains and pe.„allif. ci' his said conviction, as fully, freely, elearly and entirely, as if such offence had iv i,er been committed or done by him. ABRAHAM JACKSON, Speaker of the House of Representatives SOLOMON WOOD, President of the Senate, pro tem. Assented to, May 3, 1803. JOHN MILLEBGE, Governor, (No. 91.) AN ACT To enlarge and extend the time for renewing certain audited certificates of (his State* Time for re- newing cer- tain audited certificates extended. E it enacted, That the time allowed by an Act, entitled, " An Act for calling in the outstanding evidences of debts due from this State, and for issuing new ones in lieu thereof, under proper checks and restrictions," for renewing such audited certificates as are therein mentioned, be, and the same is hereby extended and enlarged for twelve months from and after the passing of this act, any thing contained in that or any other law to the contrary notwithstanding:—Provided, That the Comptroller General in renewing such certificates, shall take especial care to reduce sucli as may he found sub- ject to the scale of depreciation; and issue a new One for so much as" may be found fairly and justly due, and no more. ABRAHAM JACKSON, Speaker of the House of Representatives DAYID EMANUEL, President of the Senate. Assented to, November 28,1803. JOHN MILLEDGE, Governor. PASSED IN THE YEAR 1803. I1' AN ACT (No. 02.) To repeal an Act, entitled " An Act respecting Vendue Masters,so far as the same restricts and limits the number qf Vendue Masters for the City of Savannah, HERE AS the restricting and limiting tlie number of Yendue Masters for the city Preamble- ©f Savannah, hath been found by experience to be injurious to the inhabitants of the said city, and the trade and commerce thereof. Sec. 1. HE it therefore enacted by the Senate and Mouse of Representatives of the The act re. Stataof Georgia, in General Assembly met, and it is hereby enacted by the authority of number^of 6 tlie same, That the said act, entitled "An Act respecting Yendue Masters," be, and the same is hereby repealed, so far as the same restricts and limits the number, of Yendue nahto two, Masters for tlm city of Savannah. . repealed. Mayor and aldermen of Sec. 2. And be it. f urther enacted, That the Mayor and Aldermen of the. said city, "be, and they are hereby authorized after the first day of March next, to appoint and license such number of Yendue Masters for the said city, as they in their discretion shall Savannah may think proper; such Yendue Masters first paying to the said city, the sum required by nySsU^may law, and giving bond and security to the State, agreeably to the act for regulating Yen- thmk Propet" dues, which bond and security the Mayor and Aldermen are hereby authorized and requi- red to take before such Vendue Masters shall he licensed, and transmit the same to the Treasury Office of this State. - ABRAHAM JACKSON, Speaker of the House of Representatives» D AYID EMANUEL, President of the Senate, Assented to, November 28, 1803. JOHN MILLEDGE, Governor, AN ACT {No. 93.) For the relief of the legal representatives of Arthur Carney, deceased, HEREAS the Legislature of this State, by their resolution passed at Augusta, ®ntke first day of August, seventeen hundred and eighty-three, did vest in the minor PrcaSftbIc- liS LAWS OF GEGKCL1, (Vo. 93.) heirs and representatives of Arthur Carney, deceased, two thirds of all the estate of said Carney, which resolution requires an act of lite General Assembly, to carry the same into effect:—And whereas the said representatives have not received the benefits intended by such resolution* Testing' two thirds of the estate of Ar- tkur Carney in his repre- sentatireft therefore enacted by (he Senate mid House of Eepivsenlafives of the Stale of Georgia in General Jlssembly met, and by the authority of the same, That two thirds of all the estate, real and personal, of said Arthur Carney, deceased, is hereby decla- red to be vested in his legal representatives, and their heirs, in conformity to the afore- mentioned resolution: , Frovlded always nevertheless, that nothing herein contained shall extend or be construed to extend to invalidate, or any way injure or destroy any right, title, or claim of any person or persons whatsoever, who may hold or claim the same, or .any part thereof, under title derived from the commissioners of confiscated estates,, or under any legal disposition thereof, made agreeably to .any act or resolution of any former legislature- .ABRAHAM JACKSON, Sjpedher of the House of Representatives* ■ DAVID EMANUEL, JPresident of the Seriate* Assented to, November 23, 1865, /JOHN MILLEDGE, vGoveeicox* (No- 94.) Preamble. Wi AN ACT To* manumit certain persons therein named* HERE AS Sally Harper, late of Elbert county, and State of Georgia, deceased, did by her last Will and Testament, bearing date the fifteenth day of May, 1802, man- limit and set free, certain negro slaves, to wit: Peter, Bob, Joseph, Pompey, Abraham? David, Sarah, Grace, Jenny, Tilla, and Emma, And whereas, Middleton Woods, Nathaniel Hudson, and liiehard Hubbard, the executors named in the said last Will and Testament, have by petition, applied to the present Legislature, praying that the benevolent intentions of the said Sally Harper? towards the said negroes may be carried into effect. PASSED IN THE YEAH 1303. H» BE it therefore enacted hi/the Senate and House of Representatives of the State of Geor- (No. 91.) gia in General Assembly met, That the said negroes, Peter, Bob, Joseph, Pompey, Cc^in_slave$ Abraham, David, Sarah, Grace, Jenny, Tilla, and Emma, be and they are hereby manumitted and set free, and they are hereby entitled to, and invested with all the prhi- leges and immunities, to which free people of color are entitled by the laws of this State. Provided, always nevertheless, That the said negroes hereby emancipated, be and they arc hereby made subject to any legal or equitable claims, against the estate of ihe said Sally Harper, deceased.. ' ABRAHAM JACKSON, Speaker of the House of Representatives* DAYID EMANUEL,. President of the Senate, Assented to, December 3, 18031 JOHN MILLED GE, Goveunok. AN ACT To manumit and make free certain persons of colour therein named. (No. 95.) W IIEREAS "William Anderson, and Samuel Gairie, have petitioned the present Legislature, praying an act may he passed, to manumit and make free, Bess, and her preamj>ie. two children Elizabeth and John, the property of the said William Anderson, and Fanny and her three infant female children, to wit-Mary-Ann, Sally, and Lisza, the pro- perty of the said Samuel Gairie.. BE it therefore enacted hy tlie Senate and House of Representatives of the State ' of Georgia, in General Assembly met, and by the authority of the same, That Bess and Certain skve$. her two children, Elizabeth and John ; and Fanny and her three infant female children, •mauuzr"tve{J' to wit:—Mary^Ann, Sally and Lisza* be and they are hereby manumitted and made free,- in manner and form, as manumission and freedom has been heretofore conferred-by the Legislature of Georgia, on persons of colour, ABRAHAM JACKSON,- Speaker of the Rouse of Representatives* DAVID EMANUEL, President of the Senate. \ Assented to, December 3, 1803, JOHN MILLED GE, Gover^O% LAWS OF GEORGIA, (No. PC.) AN ACT To admit Ebenezer Harlow Cummins, to practice and plead in the several courts of Law and Equity, within this Slate. IIEREAS the said Ebenezer Harlow Cummins, hath produced a certificate from Preamble, the honorable Matthew M'Allister, formerly Judge of the Superior Courts for this State, and from the honorable John Griffin, whilst he was Judge of the said courts—the former, that he had examined the said Ebenezer If. Cummins, respecting his abilities, fitness, and capacity, to practice and plead in the several courts of Law and Equity within this State, and found him duly qualified ; and the latter, satisfactory'as to his moral rectitude, and scientific information. BE it therefore enacted by the Senate and House of Representatives of the State of Georgia? Cumminsad?" in General Assembly met, and by the authority of the same, That the said Ebenezer Harlow mitted to Cummins, be and he is hereby admitted to practice and plead in the several courts of piactice aw. an(i Equity within this State, with all the rights, privileges, and immunities which attornies and practitioners of law, have or are entitled to enjoys the said Ebenezer H. Cummins, first taking the usual oath administered to attornies upon their admission. ABRAHAM JACKSON, Speaker of the House of Representatives. JARED IRWIN, Tresident of the Senate pro. tem* Assented to, December 5, 1803. JOHN MILLEDGE, GOVEEITOE. (NO. 97.) AN ACT To alter and amend " An Jlct to make Distribution of the late Cession of Lands, obtained from the Creek Nation by the United States9 Commissioners, in a Treaty entered into at or near Fort Wilkinson, on the sixteenth day of June, eighteen hundred and two," passed at Louisville the 11 th day of Alay, 1S03. Sec 1 ceive^heh-re" 1 js>F it enacted by the Senate and House of Representatives of the Stale of grants free of Georgia, in General Assembly met, That the persons against whose names nnv survey or p ckl e" surveys of land shall be drawn in pursuance of the before recited act, or their legal F«rtunate PASSED IN THE YEAR /SOS. 121 representatives, shall he entitled to receive grants for the same, vesting in them fee sim-' (No. 07.) pie titles 1 ee of purchase, immediately on paying into the Treasury of this Stale, the sum of four dllars per hundred acres, in lieu of all fees of office and other charges, for surveying and granting the said land, any thing in the said act contained to the con- trary notwithstanding.^ Sec. 2. And be it farther enacted, That the 11th and 15th sections' of the before seaL^ofthe recited act, be and the same are hereby repealed.. act of May ' - 1803,repealed Sec. 3. tliid foe it further enacted, That in order to ensure a more faithful dis- charge of the duties assigned to the several district surveyors, the time prescribed in the 5th section for making the surveys, be extended from ninety to one hundred and fifty completion of days; any thing in the said section contained to the contrary notwithstanding. sorvejs. ABRAHAM JACKSON, Speaker of the House< of Representatives*«. JARED IRWIN, President of the Senate, pro, tem^ Assented to, December 6r 1803. JOHN MILLEDGE, Governor. AN' ACT. Authorizing the establishment of a Tobacco Inspection, in the county of Franklin, on the lands of Stephen Heard and Hugh Donald, opposite the confluence of the rivers Tugala and Seneca, (No. 08.) E it enacted by^ the Senate and House of Representatives of the State of Georgia, in General Assembly* met, That there shall be a Tobacco Inspection established in tlie - ^ ^ county of Franklin, on Tugalo river, opposite the confluence of saidTugalo and Seneca spection es- rivers, on the lands of Stephen Heard and Hugh McDonald; which ware-house shall tabiishecl' be subject to the several laws regulating ware-houses in this State. ABRAHAM J ACKSON, Speaker of the House rf Representatives, DAVID EMANUEL, President of the Senate. Assented to* December 7, 1803. JOHN MILLEDGE, Governor. * Sec ac._ supplementary pi.ssjcl this s.me session, No. 1 o7, requiring the money to be paid into tue treasury within 12 months, orv the land reverts to the State. Q 123 LAWS OF GEORGIA, (No. 99.) AN ACT To incorporate the Raplist Church, on Fishing creek, in TYilkes county* Eaptist q . IT® Church on ° • A* JOe it enacted by the Senate and House of Representatives of the Slate of Pishing* creek . incorporated, Georgia in General Assembly met, and by the authority of the same, That Stark Brown, named.rUStCC8 Lestly Coates, and Thomas Eidson, and their successors in office, shall be and they are hereby declared to be a body corporate, and known by the name of the incorporated. .Baptist Church, on Fishing creek, in the county of Wilkes. May hold Sec. 2. And be itfurther enacted by the authority (foresaid, That the aforesaid Stark irusteity m Urown, lastly Coates, and Thomas Eidson, and. their successors in office, shall be invested with all such property, both real and personal, as shall be bestowed on suek society or church, by gifts, grants or otherwise in trust, for the use and benefit of the said society or church. Sec. 3. And be it further enacted *by the authority aforesaid, That tlae aforesaid soei- The Church ety or church, or a majority of them, shall at any time they may deem proper, proceed ether trustees to, elect other persons as trustees, in the room of the aforesaid Stark Brown, Lestly Coates, and Thomas Eidson, or either of them, or their successors in office, giving said society or ehurck, thirty days notice thereofi Sec. 4. And be it further enacted, That the aforesaid trustees, and their successors The trustees in office, shall he and they arc hereby declared to be a body corporate, and capable of «dy corporate!" sueing and being sued, of pleading and being impleaded, and of using all legal measures for recovering or defending any property, which the said society or church may have3 hold, claim or enjoy. . - ABRAHAM JACKSON, Speaker of the Mouse of Representatives* DAVID EMANUEL, President of the Senate, Assented to, December 7, 1803. .JOHN MILLEDGE, Governor, PASSED IX THE YEAR 1803. AX ACT (Xo. 100.) To amend the seventh anil eleventh sections of the law respecting Estrays, pa8seil at Louis- ville, on the ZOtti of November, 1801. Src 1 m it enacted by the Senate and House of Representatives of the Slate of No neat ca fvS Georgia, in General Assembly met, Tliat from and after the passing of this act, no neat tle cattle taken up as estrays, sliall be sold under twelve months, from the time of being ^strays shall be sold und* tolled; and it shall be the duty of the Clerks of the Inferior Courts, previous to the 12 months, 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 esirays, on the first day of every succeeding term of the Superior and Inferior. Courts, which may happen in the To be adver. county within the said term of twelve months... tis^d. Sec. 2. And be it further enacted, That the respective Clerks of the Inferior Courts, Fefs of tlie . - ' . clerk 25 cents shall be entitled to receive as full compensation for each estray so advertised, twenty-five on each estray cents and the persons taking up such esirays, .shall be allowed a reasonable eompensa- SD "dvertlSed* lion for their trouble, to be adjudged by the justices of the district where such estray So^fn^them may beto5le l, ov any two justices cf the county, any thing contained in the before reei- up- ted act, to-the contrary thereof notwithstanding.. Sec. 3. Ami be it further, enacted, That the Justice for his sendees, exclusive of Justices fees: commissions, shall receive the sum of twenty-five cents. ABRAHAM JACKSON, Speaker cf the House of Representatives, DAVID EMANUEL,- I1 resident of the- Senate* Assented to, December 7,1803. JOHN MILLEDGE,. GovehnOK, * AN-ACT" (No. 101.) To amend an Act, entitled "An Act,.to regulate Attachments in this Sink." HERE AS doubts have arisen in the courts of the Eastern District, concerning preambi^ the operation of the Provincial Attachment Law, passed the 9th day of Jure, 4761, and whether the same has teen repealed. LAWS OF GEORGIA, •~*mr*£U (No. 101.) BE it thereforeenaciedby the Senate and House of Representatives in GeneraI Assem- tachmen^Uw ^ly me^> That the said Provincial Attachment Law, is hereby declared to be repealed. repealed. ABRAHAM JACKSON, Speaker of the House of Representatives, BAYII) EMANUEL, President of the Senate, Assented to, December 7, 1805. JOHN MILLED GE, Govee^OS. AN ACT (No. 102.) To authorize the commissioners of the Academy of the county of Chatham, to sell and dispose of such lots and tracts of land, the property of the said Academy, as .they shall deem advantageous,• and to confirm such contracts and sales as the said commissioners have heretofore made. $ ¥ HEREAS the Legislature of this State have heretofore granted lands and made donations to the Academy of tlie county of. Chatham, and to other counties, the better .Preamble, to enable such counties to promote and encourage learning, and the education of youth:— And whereas the commissioners of the Academy of the county of Chatham, have pur- suant to the allowance made them by law, purchased at the sales of confiscated property, several lots and tracts of land, and have otherwise obtained and received to the use of the said Academy, divers other lots and tracts of land, which being unproductive and rather burthensome than otherwise, they Ac said commissioners, have thought itexpedi- ent and beneficial to the said Aeedemy, to ^ell and dispose of several of the lots and lands aforesaid ; and are of opinion that it will hereafter be found highly beneficial and advan- tageous to sell and dispose of either of the said lots and lands :—And w hereas, doubts have arisen as to the legality of the sales of such lands so made by tlie said commissioners as aforesaid $ w hereby the said Academy batli suffered great inconvenieneies, and the very' laudable purposes of its institution been impeded—For remedy w hereof, Commission- Sec. 1. BE it enacted by the Senate, and House of Representatives, of the State of cr^of theChat Georgia i;i General Assembly met, and it is hereby enacted by the authority of the same, pennitted^^o That contracts, bargains, and sales of lots and lands, the property of the said Academy sell tlie Acad- already made, or which shall or may at any time or times hereafter he found necessary Si7 contracts or expedient to be made by the commissioners of the said Academy, or a majority of declaredvuild ^cm, ^e. and the same are hereby declared to he valid, good and sufficient in law* PASSED m THE TEAR 1803. to all intents and purposes whatsoever, any usage, custom or law, to the contrary (To. 102.) thereof in anywise notwithstanding. Sec. 2. And be it further enacted, That all monies arishig from the sales of such Money ar- ' lands is aforesaid, shall be used and applied by the said commissioners as an accnmula- sSfs^o^ap1- live fund for the said Academy, by loaning the same at interest, or by the purchase " of pli-d to tii:- *' ° * ljdSt a(^vaut. other property, as to the said commissioners shall seem most beneficial and advantageous age. to the said Academy. 'ABRAHAMS JACKSON, Speaker of the House of Representatives* DAVID EMANUEL, President of the Senate* Assented to, December 7, 1803. JOHN MILLED GE, Governor. -AN xlCT :'o authorize the Justices of the Inferior Court in the county of Bryan, to hold an extraordinary election for offcers of the said county, according to, laze, the elcc- tion for such officers not having taken place, (No. 103.) HERE AS the Justice a of the Inferior Court, and Justices of the Peace, in the pr»,mbi~ county of Bryan, have neglected to hold an election for county officers, to wit: A She- riff, Coroner, and County Surveyor, at the time prescribed by law, whereby the said offiees have become vacant, to the great injury of the said county, and as doubts exist with the said Justices, whether they have power to order and hold an election to fill such vacancies—For remedy whereof, BE it enacted by the Senate and House of Representatives of the Slate of Georgia, hi General Assembly met, and by the authority of the same,- That so soon as may be after the passing of this act, the Justices of. the Inferior courts of the said county of Bryan, -the inferior* or any two or more of them, shall forthwith give notice in one or more of the public an counw^aa' gazettes, or at the court-house, and three or more of the most public places in the £h?Jized to county, twenty days previous to the time to be by them appointed for holding the tion for coun' election to fill the said vacancies, and the said election shall be held and conducted in the same manner, and under the same regulations, as elections are by law held iii like cases. ABRAHAM JACKSON, Speaker of the House of Representatives* DAVID EMANUEL, President of the Senate, Assented to, December 10, 1803. JOHN MILLED GE; Governor, ty officers. JCC LAWS OF GEORGIA; (No.. 10*.) AN ACT Xo authorize the Commissioners of the town of Louisville to dispose of the JlXleut and part of several Streets therein pointed out. T , ' HE HE AS it lias been found from experience, that the alleys in the town of Preamble. Louisville, have not answered the beneficial purposes for which they were intended, and the inhabitants thereof, conceive them to. be a disadvantage, and dangerous to their health—For remedy whereof,, ; Sec. 1. BE it enacted by the Senate and House of Representatives of the State cfGeor- gia in General Jlssemhly met, That ft shall and may be lawful for the commissioners t i S of Louis- of the said town, to sell and dispose of the said alleys, under the restrictions herein after toTen t'e raendioned, viz. That the commissioners aforesaid, shall within three months* after the alleys in said passing of this act, proceed to. assess-the value of the alleys where they intersect i-esLriction?" lots, that have been disposed of, and the proprietors of such lots shall have the prefer- enee, in the purchase of the half of sueh alloys, as adjoin their respective lots, at the rate assessed as aforesaid by the commissioners, and ia case the proprietor of a lot adjoining one side of an alley, shall refuse to purchase agreeably to the aforesaid assessment, one half of the said alley adjoining his lot as aforesaid, then, and in that case, the propri- ctor of the lot adjoining on the otheb side of the said alley, shall hate the privilege of purchasing the whole thereof, agreeably to the said assessment, and in case (he propri- etors of lots, on each side of such alleys,, shall refuse to purchase as aforesaid, then the same shall be disposed of at public sale to the highest bidder. And all the alleys adjoin- ing lots tliat have not. been disposed of, shall fee divided equally between the several lots, by adding ten feet inhreadth of such alley to each adjoining lot,, Sec. 2. Andbe it further enacted by the authority aforesaid. That the said com mis- May sell part sioners are further authorized and empowered to dispose of to the highest bidder, so sfreets^ &1 the milc^ of Mulberry-street, as intersects lots number one hundred and forty-one and one money in each hundred and forty-two, so much of Walnut-street, as intersects lots number one hundred Lveud over and forty-four and one hundred and forty-five: and so much of Peach-street, as intersects wissionerT^of number 0ne hundred and forty-eight and one hundred and forty-nine, and the monies the academy. arising from the aforesaid sales of alleys and parts of streets, shall be paid over by the commissioners aforesaid, unto the commissioners of the Academy in the said town, to be applied towards the repairs and for the benefit of the said Academy.* * See act cf 3 £04, jVo. 3J8, extending the time to the first day of October, 3£05. '"PASSED IN THE YEAR 1803/ Sec. 3. And be it further enacted, That conveyances from the commissioners of the (No. 10L) town of Louisville as aforesaid, for the several alleys and parts of streets aforesaid, shall Conveyances ho good aud valid, to all intents and purposes, any law to the contrary notwithstanding. by tliem valli ABRAHAM JACKSON, Speaker of the House of Representatives* DAVID EMANUEL, President of the Senate. Assented to, December 10, 1803. JOHN MILLEDGE, GovEnsrols. AN ACT For fhe better regulation of the town of Waynesborough. (No. 103.) bec. 1. enacted by'the Senate and House of Representatives of the State of ^commission- Georgia, in General Assembly met, and by the authority of the same, That from and after borough to the passing of this act, the commissioners of the town of Waynesborough, in Burke makcbye~lay s county, for the time being, or a majority of them, shall be, and they are hereby vested with full power and authority, to make such bye-laws, rules, and regulations, and to inflict or impose such flues and penalties as to them shall seem right, for the better regulation of the town aforesaid and the commons thereof, provided such bye-laws and ^regulations be not repugnant to the laws and constitution ©f this State. Sec. 2. And be it further enacted, That the said commissioners or a majority of them, shall on the first Monday in January next, meet at the town of Waynesborough, for t^° i™6 m °'1 the purpose of carrying this act into execution, and shall from thence forward, meet day in Janua- by their own adjournment, in the said town, when and as often as they or a majority of tLreafternby them may think expedient, for the purpose aforesaid their own ad* jourumenU ABRAHAM JACKSON, Speaker of the House of Representatives* 1)AYin EMANUEL Prcsiiint of the Senate, Assented to, December 10, 1803. JOHN MILLEDGE, GoYERsrofc, US- IjAVi'S oi' GEORGIA, (No.ioo.) AN ACT To lay out and establish a Comity-in the Territory lately acquired by cession from" the General Government.- Preamble. IIEREAS by certain articles of agreement and cession, entered into on the 2Mb day of April 1802, by and between the commissioners of the State of Georgia, on the one part, and the commissioners of the United States, on the other part, a tract orterri- tory situated south of the southern boundary of the states of North-Carolina and Tennessee* and adjoining this State, was ceded by the United States, to the State of Georgia :—And whereas the Indian claim to that part of the said territory, lying at the head of French Broad River, and within the following boundaries, to wit:—Beginning on the summit of the ridge of mountains called the Blue Ridge,; where the same is crossed by the latitude thirty-live degrees north of the equator; thence with the said ridge of mountains to the temporary boundary line, run by General Pickins, between the Cherokee tribe of Indians, and the State of South-Carolina, along the said boundary line, north forty-live degrees east to an Ash-trec, at the distance of forty miles on the said line, from Tugalo river, near the mouth of Brass-Town-Creek ; thence * along the boundary line run by Colonel Meigs under the authority of Congress, north fifty degrees west, to the intersection of the said line, with the parallel of latitude, Ihirty-fiv'e degrees north of the equator; thence along the said parallel of latitude, to the summit of the Blue Ridge aforesaid, was extinguished by treaty held and concluded near Tellico, on the 2nd day of October,. 3.798, and a considerable settlement has been forniGd thereon,- and the inhabitants thereof,, have petitioned this legislature to be incorporated in the government of this State. Territory on Sec. 1. BE if therefore enacted by the Senate and House of Representatives, of the ■Broad* kido {r Stale rf Georgia, iti General Assembly met, That the territory lying within the boundary m acountyeal last mentioned, to which the Indian claim hath been extinguished, shall be a county to- red Walton. ' s v be called and known by the name of Walton.v Sec. 2. And be it further enacted, That Richard Williamson, Kitt Smith, James JusticcSof the inferior Court X-efoy, Ehenezer Fairi, and Reuben Allan, be and they are hereby appointed Justices of tLcreiled the Inferior Court of the said county, which court shall have the same powers and juris- diction, as the Inferior Courts of other counties within this State. Sec. 3. And be it further enacted, That the Justices of the Inferior Court aforesaid, Duties and . , povrei s of said or any three or more of them, be, and they are hereby invested with full power ana Ju.txcj. authority, to decide and fix upon some convenient situation, as nearly central as circum- stances will admit of, on which shall be erected a Court-House and Jail, to define the militia company districts, not exceeding two in the said county, which shall he added to, and become a part of the tliird Brigade of the third Division of the Militia of this PASSED IN THE YEAH 1803. State; to appoint two constables, one for each militia company district, wlio shall seve- (No. 100.) rally hold their appointments for two years from and after the day of tlieir appoint- meats, and until successors shall be appointed and qualified; to levy a county lax on the inhabitants of the said county, in such manner as they may deem least oppressive, for tlie purpose of raising a fund for building the court-house and jail, and other county purpo- scs—and to appoint a collector to collect the same, who shall give bond in the penalty of •double the sum, to be collected with such security as the said Justices may approve of? for the faithful discharge of his duty, and the trust reposed in liim. Sec. 4. And he it further enacted? That until a court-house shall be completed at the , ^permanent seat to he fixed upon as aforesaid, the courts shall be holden, and other public business of the county transacted at the dw elling house of Yviilkim Allan* Sec. 5. And he it further enacted, That the justices of the Inferior Court aforesaid, xo nominate or any three or more of them, shall assemble at the place herein before pointed out for °f me holding courts, on the first Monday in January, one thousand eight hundred and four? and after publicly administering to each other, and severally subscribing the oaths pre- scribed by the lawrs and constitution of this States, to be administered to the Justices of the Inferior Courts, they shall nominate two Justices of the Peace in each militia com- paby district, and transmit such nomination to his Excellency the Governor without delay, in order that commissions may issue to sueli Justices of the Peace. Sec. 6. And he it further enacted, That the inhabitants of the said county' shall be entitled to elect and return one Senator and one Representative, to the Legislature under the same regulations and restrictions as other counties in this State; and to elect militia officers in the manner pointed out by the militia laws of this State. Sec. 7. And he it further enacted. That it shall be the duty of the said Justices of shall giver a the Inferior Court, or any two or more of them, to give notiee at the place appointed for tioe and hold 'holding eourts, and at two other of the most public places within the county, twenty couutyofficeifi "days previous to the day appointed for holding an election, and shall hold an election for Clerk of the said court, Sheriff, Coroner, and county Surveyor; which election shall be by ballot of all the free male citizens of the said county, above the age of twenty-one ycar3, and shall be opened, held and conducted by the said Justices, in the same manner as other elections for county officers are lield within this State and the persons having the highest number of votes shall be declared duly elected, and shall hold their offices during the time prescribed by the law s and constitution of this State, and shall be com- missioned by the Governor, and take the Oaths of office prescribed by law. Sec. 8. And he it further enacted, That all free white persons citizens of the United States, being actual settlers within the limits of the said county, on the sixteenth day of R LAWS OF GEORGIA, (No. 106.) May last past, who may henceforward conform to the laws and government of this Stabs saWrouni?on shall be entitled ion preference founded on occupancy, to the lands on which such per- the loth Ma/ gcns w ere so settled, not exceeding two hundred acres to any one family, and shall receive f ntith d to ' grants for the same, free of pureliase, (office fees excepted) when, or so soon after as pane*!'an °^£e shall be opened for granting out the said land, as circumstances will permit, terence to o• rcediH^200a Sec. 9. And be it further enacted, Thai Ids Excellency the Governor he authorized, Clts* and he is hereby requested to make immediate application to the government of North- T1dcdCt^x" ^ai'°hna* 1° eo-opcrate with this Statein running out and plainly marking the dividing line months! until between the two States without delay, and for this purpose to appoint three fit and proper line vanbe*rim Persosis, with full power on the part of this State, to join such persons as may be oppoin- between this ted Willi like powers, on the part of the State of North-Carolina, to run and plainly State and N. 1 * A " Carolina.1 mark the said dividing line : and this act shall stand suspended, and not take effect until the aforesaid line shall have been run accordingly, provided the same shall be so run and marked within six months after the passingof this act.* ABRAHAM JACKSON, Speaker of the Rouse of Representatives .DAVID EMANUEL*. President of the Senate, Assented to, December 10, 1803.. JOHN MILLEDGE, Governor. (No. 107.) AN ACT" Supplementary to an Act, entitled « An Act to make Distribution of tlie late Cession of Land obtained from Hie Creek Nation by the United States' Commissioners, in a Treaty entered into at or near Fort Wilkinson, on the sixteenth day of June, eighteen, hundred and Leo," and the Act'relative thereto, passed the present session. Timcloiio Sec. 1. i/Sir -if .-trino- lktS 11 turning lhts* * * JLJfE it enacted by Hie Senate mid Rouse of Representatives of the State of iiU?dto°ir iTi Georgia, *n Several Assembly met and by the authority of the same, That the term allow ed extended, for recei\ing and transmitting the list of persons who are entitled to draw for land in pursuance of the aforesaid act, shall be, and the same is hereby extended and continued until the first day of March next; * See act of lo(J4, No. 143, appointing commissioners to ascertain and fix the dividing line between this Stale and the State of North-Carolina. See also resolution of 1810, where Mr EHicott is authorized to iscertain the 35th degree of north Latitude. PASSED IN THE YEAH 180S. lJi Sec. 2. Hud he it further enacted hj the authority aforesaid* That monies directed (No. 107.) to be paid into the Treasury hi lieu of office lees, in pursuance of the act entitled <•' An ed^o be^ p^L Act to alter and amend an Act to make distribution of the late cession of land obtained j.n ii;u °* <)f" fice fees must from the Creek Nation by the United States' Commissioners, in a treaty entered into at be done in 12 or near Fort Wilkinson, on the 18th day of June 1802," passed at Louisville the lith Se\occryor day of May, 1803, shall be paid within the term of twelve months from and after the com- ^t3l ind l8~ 'pielion of the lottery contemplated by the aforesaid act, and in default thereof, such lots of land on which the whole of the monies shall not then be paid shall revert to, and become the property of this State, and sold in like manner as fractional parts of surveys.* Sec. 3. And he it further enacted, That the legitimate child or children of any deceased children citizen, whose mother has again intermarried, shall be and they are hereby declared to J^deaci^ and ;be entitled to one draw in the Land Lottery, in like manner as families of legitimate ^children whose parents are both dead. - titled to a draw. Sec. 4. ^nd he it further enacted by the authority aforesaid, That it shall be the Tnst c,.<.nf lI(e duty of the Justices of the Inferior Courts of the several counties, to correct the returns interior Com-c of tlie names of persons enrolled in the Land Lottery, and transmit to the Governor, lists & return the lists so corrected, on or before the first day of March, who shall be governed by such Go^rnor bv' corrected lists, in arranging the drawing, or carrying into effect the said lottery. the 1st March ABRAHAM JACKSON, Speaker of the Mouse of Representatives. DAVID EMANUEL, President of the Senate. Assented to, December»lo, 1803. JOHN MILLEDGE, Goveknob. AN ACT (No. 10S.) To carry into effect the fiventy fifth section of the first article of the Constitution of the State of Georgia. SuC ra>>E it enacted by the Senate and Mouse of Representatives, in General Justices of the 1Assembly met, andhy the authority of the same, That it shall be the duty of the Justices £ runty of the Inferior Courts, or any three of them in each county, respectively, within sixty to appoint per • , • 1 sons to lake the census. See act of 1806, No. 262, entending- the time until file tenth day of November, 1807. UZ LAJT3 OF GEORGIA,. (No.-lOS.) (lays after the adjournment of this Legislature, to appoint one or more persons in each county, that is, one person to each battalion that may be in the respective counties, whose duty it shall be, to take a full and accurate census, or enumeration of all free white persons, and people of colour residing therein, distinguishing in separate columns, the free white persons from persons of eolour, and return thesame to the Clerks of the Superior Courts of the several counties, certified under their hands,, on or before the first day of October next y the persons so appointed being severally sworn before the said Justices, or either of them, duly and faithfully to perforin the trust reposed in them. And it shall be the duty of the said Clerks, to transmit all such returns, under seal, to the Speaker of the House of Representatives, on the first Monday in November next—And it shall be the duty of the Legislature, at their next session, to apportion the members of the House of Representatives,, among the several counties, agreeably to the plan prescribed by the constitution. Justices of the Ssc. 2„. And le it further enacted, That in* case the Justices of the Inferior Courts TUtllO* rizecl to dothe shall fail to-appoint persons to take the enumeration, within sixty days after the adjourn- of'"/of mcn^ Ike Legislature, that then the Justices of the Peace,, or any three of them, the other Jus- shall have and exercise like powers respecting the said census. And if the census or enumeration, of any county shall not fae so taken and returned, then and in that case, the General Assembly shall apportion the representation of such county, according to the- • best evidence in their power* relative to their population. Persons ap- Sec. 3. And be it further enacted by the authority aforesaid, That the persons pointed their appointed to take the census or enumeration, shall receive the same compensation or re« •nompensfction rouneraiion* as the tax return receiver gets for his services. r ABRAHAM JACKSON, Speaker of the Bouse of Representatives* DAVID EMANXJEL, President of the Senate* Assented to, December 10, 1803. JOHN MILLED GE, GOV;FHXOB- PASSED. IN THE YEAR' 1803, AN ACT (No. 109.) To amend Jin Act entitled, " An Act for ordering and governing. Slaves within this State (then Province J passed on the tenth day of May, 1770," and; for establishing a jurisdiction for the trial of offences committed by such slaves, and other persons therein mentioned, and to prevent the inveigling and carrying away slates from their piasters, owners or employersand for repealing such clauses of laws as militate against the same.. Sac. 1. a> jy, enacigfUfy tjie Senate and House of Representatives of the State of Georgia, Any person in General Assembly met, and by the authority of the same, That if any person or1 a slave any persons shall purchase from a slave, any produce whatsoever, such person or persons ever,Ushallpa^ shall, for every sueli offence, forfeit and pay the sum of thirty dollars.^ 30 dollars. Sec. 2. And be it Further enacted by the authority afwesaid, That if the owner , Owners of , slaves not per or owners of any slave,, shall permit such slave for a consideration or otherwise to have, mitted to suf- hold, and enjoy the privilege of labouring,, or otherwise transacting, business for him, bou^for them her or themselves, except on their own premises, sueh owner or owners shall, for every selves under . pam of thirty such weekly offence, forfeit and pay the sum of thirty dollars, - except in the cities of. dollars par Savannah and Augusta, and the tow n of Sunbury... places excep- ted. Sec. 3. And be it further enacted bij the authority aforesaid, That the several fines and penalties imposed in pursuance of this act, or the before recited act shall In 110 one Fmcs-how instance exceed the sum of thirty dollars,, and shall be recovered before a Justice of the recovered, peace, in the usual form of liquidated demands, a moiety thereof shall be applied to the' use and benefit of such person or persons,. as shall sue for and recover the same, and the other moiety thereof, shall, within thirty days thereafter, be transmitted by the Jus- tiee of the peace,, before whom the same shall be recovered, to the Clerk of the Inferior-- Court of the county where he resides, in support of the funds thereof.. Sec. L And be it'further enacted, That nothing herein contained shall go to com- No slave to be tried twicefor the same of- fence. pel any slave to be put on his trial twice for one and the same offence. Sec. 5. And be it further enacted by the authority aforesaid, That so much of the before recited act as militates against this act, shall be and the same is hereby repealed. ABRAHAM JACKSON, Speaker of the House of Representatives. DAYID - EMANUEL. President of the Senate. Assented to, December 10, 1803. JOHN MILLEDGE, Governor, * See act of 1808, No. 343, to preyefit dealing with Slaves; Repealing clause. Uih LAWS OF GEORGIA* "S'J. AN ACT To regulate freights and Pleasures la this Slate. Weights and mersAi. s of tlie cities of gE,, « savannah and * * _i|E it enacted by the Senate and .House of Representatives of the Stale of u e^stimdard Georgia, in General Assembly met, and by the authority of the same, That the standard of the s.ate. 0p wejo^s aiKj measures established by the corporations of the cities of Savannah and Augusta, and now is in use within the said cities, shall be and the same are hereby de clared to be the fixed standard of weights and measures within this State: and all per- sons buying and selling., shall buy and sell by that standard, until the Congress of the United States shall have made provision oji that subject. inferior court Sec. 2. And be it further enacted by the authority aforesaid, That it shall be the duty ty rcquircclTo ^ie jllsl*ees of the inferior courts, or a majority of them, in their respective counties, procure a stnn |jy their clerk or some other person specially authorized by them for that purpose, to places &whcn obtain from the said corporation or one of them, to he paid out of the county funds, the Sse'tSe^me standard of weights and measures as fixed by them, within six months from the passing aet* •^nt* ^ia^ sau* justices or a majority of thera, shall, so soon as they lime other obtain the standard of such weights and measures, give thirty days notice thereof at the court-house, and three other public places in the county. And if any person or persons whosoever, shall sell or attempt to sell any article or thing by any other or less weight or pleasure than that so established, he, she or they so offending, shall forfeit and pay three times the value of the article so sold or attempted to be sold, to be reco- -vercd before any justice of the peace, if it should not amount to more than thirty clol- Penalty for dai s, and if above that sum, before any judge of the superior court or the justices of the other'hisinthe mfrrior court, by action of debt; one half whereof shall be for the use of the informer lawful stand- or per so ii bringing.tlie action, and the other for the use of the county in which such act .or offence may happen. Sec. '3. And be it farther enacted by the authority aforesaid, That it shall be the duty A marking- ^ie Justices of the Inferior Court or a majority of them, of the respective eounties 'tam^r^al *^a*e Procurc a marking instrument, seal or stamp, for the purpose of mark- to be.piocu' ing, sealing or stamping all weights and measures within their several counties, which. cier^tcfmark marking instrument, seal or stamp, shall remain in the clerks" office of the Liferior all weights or Court, by him to he affixed to any weight or measure which he may find to correspond measurts to*' - •/ o » he ns.d. with, or not less than the standards established by said corporations of Savannah and Augusta. PASSED 1I« THE TEAR lMU. 17T5 Sec. &. And be it further enacted? That tine said Clerks of the Inferior Courts, rhall (No. 110.; receive six and one fourth cents ibr every weight or measure, by them so marked, sealed^ or stamped, to be paid by the person obtaining the same. ABRAHAM JACKSON", Speaker of the House of Representatives, DAVID EMANUEL, President of the Senate. Assented to, December 10, 1803. JOHN MILLED GE, Governor- AN ACT (No- "!•) To compel the owners or occupiers of Cotton Machines within this State, to enclose * the same, and in particular situations to remove the seed therefrom. Sec. l. a > jg it enacted hj the Senate and House of' Representatives of the State of 0wnersofcot Georgia in General Assembly met, and it is hereby enacted by the authority of the sameton machines Tbat from and after the first day of January next, it shall be the duty of all owners or ^e^ciose occupiers of eotfoir machines for picking of cotton, in all towns or villages, or iimnedi- ately in the vicinity of any town or village witlun this State, to enclose the seed in such manner as will effectually prevent alb stock, especially hogs from eating them. Sec. 2i And be it further enacted, Tbat all owners or occupiers of sucli machines' as aforesaid, shall secure and keep the seed dry, or remove them at least once every week Teremcnctim from said machine, to such a distance from such eify, town, village or vicinity thereof, so prevent' had as to prevent all the unwholesome effects resulting from the stench and vapours arising from the seed, in their putred state, if suffered to remain in heaps ; and it shall be tire U0u- duty of such, owners or occupiers of such machines, to enclose the seed in the place to which the same shall be removed, so as Jo prevent bis, her or their neighbors stock from feeding thereon. and toencloss them. Sec. 3. And be it further enacted by the authority aforesaid, That from and after the first day of January next, that for every week, any owner or occupier of such machine, who shall neglect to comply with the' several duties required of them by this ^dowSSt act, shall forfeit and pay a sum not exceeding three dollars. is required by. Three dollars per day penal-- this act 136 LAWS OF GEORGIA, (Xo. 111.) Sec?. 4. Jlnd be it farther enacted, That it >fchall 'he the doty of all owners, or coui>tr>IK'rvi- ccciipicrs °f cotton machines at county sites in this State, to keep their machines suf, chines to ci - ficiently enclosed, under the penalty of three dollar^ per week, from, and after the first day of January next, so as to prevent their, neighbours' stock of all kinds from having access thereto. * id'tiTs ale to"' Sject. 5. And be it further enacted, That it shall be the duty of any justice of the be collected pcaec in whose district such offence or offences may he committed, to issue his warrant viipon information of any free while person, commanding such offender or offenders to he and appear before him at the next justices' court to be held in the district, to answer the charge alledged. against him or them, and-such justice shall issue summonses to compel the attendance of such witnesses, as may be thought necessary to establish or defend the said charge, who shall be subject to attachment for non-attendance or refusing io answer on oath such questions as may be asked him-or them; and if upon such examination it shall appear that such offender or offenders is or are guilty of any breach of this aet, it -shall he the duty of -such justice to enter judgment against sueh offender or offenders for the aforesaid sum of three-dollars for each week the seed may remain unreuioved (and • enclosed) from the said gins or machines as aforesaid. And that the said justices shall forthwith issite execution on the said judgment or How applied, judgments entered up, which execution shall he levied upon the goods and chattels, lands and tenements of such offender or offenders, and sold agreeably to the law regit- dating constables sales, and the monies arising from such fine or fines, shall be paid intp the hands of such justice of the peace, one half thereof to the use of the informer, and the remaining moiety shall be paid by the said justice to the clerk of the inferior court, to be appropriated to the same uses as other county funds. Sec. d. And be it further enacted, "That if any justice of the peace shall in any jfa Justice of- manner offend against this act, it shall and may he lawful for him or them, to be sued bT$ued°W t0 or prosecuted in any one of the adjoining districts, and the same fees shall be allowed, levied and collected for services performed under this act, as are allowed for like services 4n magistrates' courts. ABRAHAM JA Civ SOX, -Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate* Assented to, December 10,1803. JOHN MILLED GE, Govern on. PASSED IN TIIE YEAR 1803. 137 AN ACT (No. 112.) To manumit a man of color nameil Matt, and certain other 'persons of color therein mentioned. IIEREAS Willirm Terrcl, of the county of Wilkes, has petitioned for the man- Plumbic uraission and making free a certain man of color of his own property. Sec. l. BE it enacted by the Senate and House of Representatives of the State of a negro bv Georgia, and by the authority of the same, That Matt, a certain man of color, the pro- freed, perty of William Terrell, he manumitted and made free, and entitled to the privileges of other persons of color as are allowed by the laws of this State, according to the prayer of the petitioner ; Provided said Terrell gives bond and security to the inferior court of the county aforesaid, for the good behavior of said Matt, and to indemnify the county against his becoming a public charge. Sec. 3. And be it further enacted, That the following persons of color, to wit:—Simon Manzo, late the property of William Few, Esq. formerly of the county of Columbia, \n(t0tl eis hut now of the State of New-York •, Flora, late the property of James Gunn, deceased } Priscella, late the property of Joseph Miller ; Tab, the property of Jonathan Lewis, and Susannah, commonly called Susannah Jenkins, late the property of ——- Jenkins, of Burke county, be, and they are hereby declared to be manumitted and set free, with the same rights which other persons of color are entitled to under the laws of this State : Provided, that each of the said persons of color shall be liable to all claims either in law or equity, against the respective owners of the said persons, and the respective owners shall give security to the inferior court of the eounty in which they reside, for their not becoming chargeable to the county, ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, Fresident of the Senate. Assented to, December 10, 1803. JOHN MILLEDGE, Governor. S m l+vws or fXo. IIS.) AN ACT* To make permanent the road on the north side of Great Ogechee River, from tlie plaee at which it leaves the road leading from Louisville to Savannah, to the toll- bridge over Ogechee. Preamble. Y ? IIEREAS it is at all times important to provide by law for tlie opening and per- manent establishment of roads, that may contribute to lessen the distance from one prin- cipal main road to another throughout the different parts of the State, for the greater ease and convenience of the citizens thereof. Sec. 1. BE it therefore enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, That the road on the north side of Great Ogechee river, from the place at which it leaves the road leading from Louisville to Savannah, to the toll-bridge over Ogechee, be, and the same is hereby made a public and permanent road. Sec. 2. And be it further enacted by the authority aforesaid, That all persons who have placed obstructions in the said road, shall cause the same to be removed, within sixty days after the passing of this act, at their own expense, under the penalty of a fine of one dollar per day, for every day such obstruction shall remain thereafter. Sec. 3. And be it further enacted, That it shall be the duty of any Justice of the Peace to issue his warrant on his own knowledge, or on the information of any free which per- son on oath, against any person within his district, who shall not remove or cause to be removed such obstruction as he may have placed in the said road, and award separate judgments and issue executions against such delinquent, for the amount of damage and costs for each and every day that such obstruction shall have continued after the expira- tion of the time allowed by this act, for removing the same, which execution shall be levied, on any property of such delinquent, and the same shall be sold agreeably to the law regulating constables sales. ^eeptcd*Ufm be it further enacted by the authority aforesaid, That nothing in this act shall be construed so as to prevent James Gunn from stopping the road leading through his plantation, after he shall have put in complete repair, the road leading from Reed's -old field by Mrs. Mall's, into the main road from Savannah to Ogcchee bridge, which said road shall be the road as designated by this act Road on the nonh side of G.echee, lea. ding1 from the Louisville road co the toll-bridge on Said river, made perma- nent- Obstructi- ons to be re- moved in said road under a penality of one dollar per day. How the pen- altv to be ool- iected. iy * See aet of ltto4. No. 149, amendatory of this act. PASSED IN THE YEAR 1803, Sec. 5. And be it further enacted by the authority aforesaid, That the Justices of (No. 113.) the Inferior Court of Chatham county, he authorized to appoint overseers on said road, pr^or'ionecf and proportion the hands to work thereon.* courtof Chat* ham. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL President of the Senate. Assented to, December 10, 1803. JOHN MILLEDGE, Governor. AN "ACT' (No. 114.) To repeal an Act, entitled « An Act for inflicting penalties on, and confiscating the estates of such persons as are therein declared guilty of treason, and for other pur- poses therein mentionedf9 so far as relates to tHe banishment t only of Alexander Campbell Wiley, James Alexander, Stephen Pierce, and William Pierce. ^fJ^E it enacted by the Senate and House of Representatives of the State of Georgia, in ~ General Assembly met, That so much of the Act entitled " An Act for inflicting penal- c. Wiley, ties on, and confiscating the estates of such persons as are therein declared guilty of sienfh treason, and for other purposes therein mentioned," passed at Savannah on the fourth cn & William day of May, in the year one thousand seven hundred and eighty two, as respects the ban- offthe act-of ishment (only) of Alexander Campbell Wiley, James Alexander, Stephen Pierce, and William Pierce, be, and the same is hereby repealed. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate... Assented to, December 10, 1803. JOHN MILLEDGE, Governor. ' This Section repealed by act of 1804, No. 149.. 1*0 LAWS OF GEORGIA, (No. lt\) AN ACT fa amend *• an Act, to authorize John Strahan, Willi# Spqcr, and Joseph Alack, commit stoners therein named, to open and keep open a road hack of the Big Bay in Effing- ham county." n> ^wori^onle S*jC" ±% -DE it enacted by the Senate and House of Representatives of the Slate of si uiroad Georgia, in General Assembly met, and by the authority of the same, That the iuhabi- tants living back of the Big Bay, in the aforesaid county of Effingham, are hereby declared to be liable to work on the old road leading from Louisville to Savannah, by the house of Joshua Loper, in the aforesaid county, lor six days in each year under the directions of the persons appointed to superintend the working upon the said old roads itepeaHiL^ Sec. tl. And be it ftirther enacted, That so much of the above act to authorize ddusu John Strahan, Willis Spier and Joseph Mock, to open and keep open a road back of the Big Bay in Effingham county, as militates against this act, be and the same is here- by declared to be repealed. ABRAHAM JACKSON, Speaker of the House of Represent a tires. DAVID EMANUEL, President of the Semite. Assented to, December 10, 1803. . JOHN MILLEDGE, Goyekxok. (Xo. 116.) AN ACT To amend an act, entitled « An Act to prevent encroachments on the river Savannah, and to remove such as now exist in the said river or elsewhere, within the juris- * diction and limits of the city of Savannahby adding to the number of commis- sioners therein named. w HEREAS the number of commissioners appointed by the said act hath been Preamble, found too small to carry the same into effect and execution, so that the encroachments on the said river Savannah, still continue as at the time of the passing the act aforesaid. Additional Sec. 1. BE it enacted by the Senate and House of Representatives of the State of commission. Georgia, in General Assembly met, and it is enacted by the authority of the same, That appointed. ge]_3jjazer staffer, in room of Josiah Tatnall, deceased, and John Lyons and John Glass, PASSED IN THE YEAR 1S03. 1U be and they are hereby nominated and appointed commissioners, in addition to those ap- (No. 116.) pointed by the said aet, to carry the same into execution, and are hereby vested with the same power and authority as in and by the said act are given to the commissioners therein named; the said commissioners or a majority of them, are hereby required as soon as may be aftef the passing of this act, to proceed to the execution of the aet aforesaid, ac- cording to the direction, time, is tent and meaning of the same. Sec, 2. And be it further enacted by the authority of the same, That liis excellency fiif vacancies! the governor, he and he is hereby vested witb full power and authority, to fill all vacan. cies that may happen during the recess of the General Assembly. ABRAHAM JACKSON, Speaker of the House of Representatives* DAVID EMANUEL, President of the Senate Assented to, December 10, 1S03.- JOHN MILLED GE, Govern on. AN ACT (No. nr.) To amend and explain an act, entitled "An Aet to revise and amend an Aetf sup- plementary to an Act for regulating the town of Augusta and to amend an act, entitled " An Act for regulating the town and of Savannah, and hamlets thereof* and for other purposes."9 HERE AS i in and by tbe said aet, it is amongst other things enacted, ** That no preamble person holding an appointment under this State, 6r the United States, (except justices of the peace and officers of the militia) shall be eligible Jto the appointment of an alderman ^ And whereas doubts have arisen respecting the. construction of the said clause of the said act, whereby the minds of the inhabitants of Savannah have been much disqui- «ted, and the city injured, as many persons otherwise well qualified* have been deemed ineligible to serve as aldermen, by a rigid construction of and adherence to the letter of the clause aforesaid. Sec. 1. BE it therefore enacted by the Senate and House of Hepresentatives of the construction State of Georgia, in General Assembly mctf and it is hereby enacted aiid declared by the authority of the same, That the true intent and meaning of the said act was, and is, to the caption of this act. 142 LAWS OF GEOltGIA, (No. 117.) render ineligible such persons only, who held or hold appointments under this State or the United States, to which any salary or compensation attached, payable by this State or the United States, and was not intended to extend, nor ought to be construed to extend to any person holding the appointments of justiee of the inferior court, commissioner of pilotage, of academy, of poor or orphan-house, of roads, of bankrupts, public notaries or other appointments whatsoever, to which no such salary or compensation as aforesaid is attached ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate, Assented to, December 10, 1803. JOHN MILLED GE, Governor. (No. 118.) AN ACT To authorize the Board of Trustees of the University of Georgia, io setl a certain tract of land of Jive thousand acres in the county of Hancock, belonging to the said University, together with such lots and other lands adjoining the town of Athens, as they may think proper, except thirty-seven acres, reserved for the Col- lege Yard. Be it enacted, That the Trustees of the University of Georgia, be, and they are hereby authorized and empowered to sell and dispose of, in such manner as they may the Universi- deem most for the benefit of the institution, the tract of land belonging to the said Uni- luthorized^to rersity, situate in the county of Hancock, and to appropriate the monies arising from the sale, in such manner as in their judgment will most advance the beneficial purposes of the said University; and that they also have full power and authority, to sell and dispose of in like manner, and for the same purpose, ail such lots and land, situate in, and adjoining the site of the University, as they think proper, reserving nevertheless^ (he quantity of thirty-seven acres of land for the College yard. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. Assented to, December 10, 1803. JOHN MILLED GE, Governor. Trustees of sell certain land. PASSED IN THE YEAH 1803. 143 AN ACT (No. 119.) To repeal an act* entitled "An Act for vesting certain powers in commissioners, to purchase lands, and superintend the building a Court-House and Jail, in the county oj Bulloch Sec. l, enacted by the Senate and House of Representatives, of the State of Georgia in General Assembly met, and by the authority of the same, That all that tract ings of Bui- of land which was conveyed by George Sibbald, to the Inferior Court of Bulloch county, pTinteTout for public purposes, containing two hundred acres, shall be and the same is hereby named, declared to be the seat of the public buildings of Bulloch county, and shall be known and called by the name of Statesborough. Sect. 2. And be it further enacted by the authority aforesaid, That John Everitt, one^^™lG^ Francis Kennedy, John Cook, James Williams, and Huestus Studstill, commissioners of ed to lay off the court-house and jail of the county aforesaid, or a majority of them, or of their sue- tain lots C£r cessors in office, shall and may lay out into lots, of such size as they may think proper, as therera' much of the aforesaid tract of land as they may deem necessary, and shall set up and expose to sale the said lots within six months after the passing of this act, and make title thereto, and the monies arising from such sale, shall, by the said commissioners be paid over to the Inferior Court of Bulloch, for county purposes. Courts and Sec. 3. And be it further enacted, That from and after the passing of this act, elections to the courts and elections for said county shall be held, and other public business be trans- ^ h?iu twerp" acted at the said town of Statesborough, any law to the contrary notwithstanding. ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate. Assented to, December 10, 1803. JOIIN MILLEDGE, Goveunok. LAWS OF GEORGIA, (No. i-zo.'j an act* To appoint commissioners for the better regulation and government of the town of Elbert ov» t-- insr f V HERE AS Hie town of Elbert 011 requires regulation: — Preain^b. Commissi- oners appoint- 2<1. Sec. l. JiE it therefore enacted hj the Senate and House of Representatives in General Assembly met, That the following persons to wit; Middleten Woods, Reubejt Lindsay, Doctor John T. Gilmer, Beckham Dye, and James Alston, be and they are hereby ap- pointed commissioners of the town of Elberton ; and that they, or a majority of them, shall immediately after the passing of this act, convene and proceed to the appointment of a clerk and such ohter officers, as they may deem necessary to carry this act into execution. Citizens of Elberton to appoint other commission- ers, who are to make laws, fcc. Sec. 3. And be it further enacted, That the said commissioners shall hold their respective appointments hereby given thepi* until the first Monday la January, 1S05, at which time, and on every subsequent first Monday in January thereafter, the citi-j zens of Elberton entitled to vote for members of the General Assembly, shall choose by ballot five persons to sueceed them as commissioners of said town, and they shall have and they are hereby vested with full power and authority to make such bye-luws and regulations, and inflict or impose such pains, penalties and forfeitures, as in their judgment shall be conducive to the good order and government of the said town of Elber- ton; Provided, that such byedaws and regulations be not repugnant to the laws and constitution of this State. Who to pre- side at the elections for commission- ers, and who eligible. Sec, 5. And be it further enacted, That any two or more Justices of the Peace for said county of Elbert, are hereby authorized and required to preside at said elections for commissioners aforesaid j Provided always nevertheless, That nothing herein contai- ned, shall he so construed as to prevent the election of the commissioners herein before named, and any person or persons who may hereafter he elected commissioners of said town shall be re-eligible at the next, or any subsequent election after the expiration of the time for which he, or they may be elected as commissioners under this act. ABRAH AM JACKSON, Speaker of the House of Representatives, DAVID EMANCEI., frceMenl vf (?;« SmaJf. As&entedto, December iO, 1S03. JOHN JJ1M.EDCE, GOYESSOK, _ I , _ |,.,r|. . m| . ,||.| ^ ||u| . , . . ... r_. „ . ... - - -- * To enlarge tli« limits thmof and extend ix8 jui-jedlrtioD—St c act of 1 *08, Nw. SOU. PASSED IN TOE YEAH ISOt. AN ACT (No. 121.) To amend an act, entitled an act, to establish an Academy or Seminary ofleartiingat Sun- bury. Liberty county, passed at Augusta, the first day of February, 1738, so far as respects commissioners. HERE AS by tlie said act only live commissioners were appointed, which number Preamble, is thought too small for the great purposes intended. Addition of commission- ers to Sunbu- Sec. 1. BE it therefore enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and by the authority of the same, That from and after the passing of this act, the number of commissioners for said Academy shall ry academy, he seven, and that Joseph Law and John Stevens, are hereby appointed in addition to the present commissioners ; And whereas John Bet'tis, one of the late commissioners lias died, by which a vacancy among the former five has arisen: Therefore be it enacted, That John Jones is hereby appointed in his room, and the said seven commissioners or a majority of them, shall have all the powers to act in all things respecting said Academy 4hat were given the former commissioners.^ Sec. 2. And be it f urther enacted, That so much of the before recited act as may repealing militate against this aet, be and the same is hereby repealed. ABRAHAM JACKSON, Speaker of the House of Representatives• -DAVID EMANUEL, President of the Senate. Assented to, December 10,1803. JOHN MILLEDGE, Governor. clans AN ACT (No. 123.) To authorize Ebcnezer Tenches, to establish a toll on the Newington road, betwe&n Joshua Loper9s in the county of Effingham, and the city of Savannah. Sec. 1. enae{€(i iy flie genate and House of Representatives of the State of Ek jenckes ala Georgia in General Assembly met, and by the authority of the same, That Ebenezer "* -This section repealed by act of 1805, No. 182. T pike rotrS ..■» twef c. L i and da LAWS OF GEOitGIA, (No. 122.) Jenckes, his heirs, executors, administrators or assigns, shall be hound to put the road from Joshua Loper's in the county of Effingham, to the city of Savannah, (being the distance or twenty-one miles) in good' and'complete repair, to raise it three feet above the common surface wherever it may be necessary, and to make it twenty-six feet wide, to enable him to perform which, he is hereby authorized to take timber and earth the most convenient 5 and the said Ebenezer Jenckes shall be answerable for every damage or injury occasioned by the badness or want of repair of the said road, during the period hereafter mentioned. Sec. 2. And be it farther enacted by the authority aforesaid, That the said Ebene- zer Jenckes, shall bind himself, his heirs, executors, administrators or assigns, together t Jperfomhis two g°°d arid sufficient securities, to be approved of by the commissioners hereafter contract; named, to the said commissioners and their successors 111 office, in the penal sum of ten thousand dollars, for the performance of the aforesaid contract. Rates of toll. Sec. 3. And be it further enacted by the authority aforesaidThat for and in con- sideration of the repairing, and preserving the said road, from John Loper's to Savannah, the said Ebenezer Jenckes, his heirs, executors, administrators or assigns, shall be entitled to receive for the term of thirty years, the following rates of tollage, to be col- lected on the said road£ not less than three, or more than eighteen, miles from the* city of.' Savannah, to wit:— For every four wheeled pleasure carriage, - - - One dollar, For every two wheeled ditto - -- - - - Fifty cents; For every waggon and team, Thirty-one and a quarter cents,*, For every cart and horse, - - - - - - - Twenty-five cents, For every hogshead of Tobacco rolled, - - - - Twelve and a half cents, For every man and horse, - - ------ Six and one quarter cents, And for all black cattle and horses* per head, - - *Qnc cent. Sec. 4. And be it further enacted by the authority aforesaid, That Joshua Loper,' Barrack Gibbons, and David Francis Bourquine, be, and they are hereby declared to ris appointed be commissioners appointed under this act, and in case of vacancy by death, resignation k^aSd^nto1 or otherwise, of any of the aforesaid, commissioners, thai then his Excellency the Governor is hereby authorized to till up the said vacancy, and they or a majority of the said commissioners, are authorized to declare at what time the said * road is completed according to the first section of this act, when and not before, the toll or charges as fixed in the third section of the said act shall commence -Provided, nothing herein contained shall be considered >as stopping the road,, leading from the Louisville road, to Mrs. Mall's, which isa.public road, and to be worked upon by the county. * S' " act of 1804, No 144, giving him aid, and amending this act—ami also act of 3808, No. 352. PASSED IN THE YEAR 1805. Sec. 5. find be it further enacted by the authority aforesaid, That all acts heretofore (No. 122.) '* clause. passed in contravention of this act, be, and the same are hereby repealed Repealing ABRAHAM JACKSON, Speaker of the House of Representatives, DAVID EMANUEL, President vf the Senate. Assantedto, December 10, 1S0& JOHN MILLEDGE, Governor. AN ACT (No. '123.) To authorize the Justices of the Inferior Courts of this State, to discharge Insolvent Debtors confined by process, from any court of this State whatever HEREAS in and by an act, entitled « an act to carry into effect the seventh see- tion of the fourth article of the constitution," itis amongst other things enacted, " that preamble, from and after the passing of that act, any debtor or debtors charged in execution, or imprisoned for any sum or sums of monies, shall and may petition one of the Judges of the Superior Courts, if the execution or capias ad satisfaciendum issued therefrom, or the Justices of the Inferior Court, if issued from thence, setting forth that he, she or they are so confined, and are unable to satisfy the execution or execu- tions by virtue of which they are detained, and are willing to deliver up all their estate real or personal for the_use of their creditors; and upon such petition, the said Judge or Justices may, and they are hereby required by order or rule of court, to cause the said debtor to be brought up," and to proceed in sueh manner as therein directed, to the discharge of such debtor. And whereas the benevolent spirit and intention of the said act is in a great iriea- sure defeated, and many debtors deprived of the benefits of the same, for that by the said aot, the power to discharge persons confined by process, from the Superior Courts, is only vested in the Judges of those courts who are frequently absent from the plate of the confinement of the debtor, and the Justices of the Inferior Courts are only authorized to discharge persons confined by process from those courts, and cannot lawfully inter- meddle with persons confined by process from any other court whatever-—For rem- edy whereof:-— * See act of 1809, Wo. 450, amendatory of this act, providing for the trial . on ci the debtor. lift LAWS OF GEORGIA,. (No. 133.) Sec. 1, BE it' enacted, That from and after the passing of this act, it U an«l „ may ho lawful, to, and for the-Justices of the Inferior Courts, and they are L* h f 10- Justices oi the inferior quired,, in tlie absence of the Judges of the Superior Courts, on the petition of < tv per- rized inU ail" soa or persons confined for debt, whether charged in execution or otherwise, and who ner i ^ie Process virtue of which such person or persons, is or are confined, be issued f «m renulebtois. tlie Superior or Inferior Court, Justices'Court, Court of. Aldermen,, or other court cf this State whatever, setting forth,, that he, she, or they, are so confined,. and are l iu- ble to satisfy the debt or demand for which they are confined, or to give bail to ansv ir the same, but are willing to deliver up all their estate, real and personal,.for the use of their creditors—by rule or order of Court to cause the debtor, to be brought up, and being brought up, the said Justices shall proceed with such debtor in such manner and form as in the said act, to carry,into eflect the seventh section of the fourth article of the constitution is particularly mentioned, directed and set forth. Akd whereas it often happens that prisoners, debtors and criminals are committed and sent to jails in other counties than those to whieh they belong, and in which they* ought of right to he confined, to the great injury of the county to whicli they are so com- milled, as the criminals in particular are frequently left there without prosecution. Magistrates Sec. 2. Be it therefore enacted, That from and after the passing cf this act, it shall bound to com- , t <» i <• • • • • i . .1 /» pel, the prose- not be lawiui tor any magistrate to commit a criminal to jail lor any offence against insd ^"sfcs "u Ihe State, without first compelling the prosecutor to give bond and security to prosecute g .ve bond nrwl ae coi'din g to law., sixiuity to ' prosecute. A _ , Axd in all cases where debtors shall be committed under, any execution or mesne. And where . ¥ debtors are process, at the suit of any person residing out of the county or State, the agent or thephdntjff if attorney of the plaintiff, shall give like security for the maintenance and jail fees of the the^ounty °f defendant, the maintenance, to be paid weekly, Comm-bS. ^ in General Assembly met, and by the authority of the same, That Jonas Faucli, Henry of Greensbo- Garleton, % illiam TV. Strain, John M'Allister, Jphn Armour, and Fields Kennedy, ^fliappoin" esquires, ber and they are hereby appointed commissioners of the town of Greensbo- rough, and that they or a majority of them, shall immediately after the passing, of this act, convene and appoint a clerk, and such other officers as they may deem necessary* Sec. 2. And be it further enacted, That the said commissioners shall have full power and authority tQ lease out the whole or any part of the common appendant or dut^g ^m- appurtenant to the said town of Greensborough, for 6uch time, and under such rules and mons of said regulations as to them shall be thought most conducive to the interest of the citizens of- the town aforesaid. # Said commit- Sec. 3. And be it further enacted, That the said commissioners, shall he commissi- oners of the 'Academy of the county of Greene, with full power and authority to fix sioners to be upon a proper site for the erection of the Academy r foresail, and they are hereby vested 0ners°ofthea- with full power to contract for the building of the said Academy^ and every other thing °P1iTV- to carry the said institution into complete effect; airl the said commissioners shall have ty. the said Meeting-House in the vicinity of the town aforesaid under their immediate direc- tion and superintendance, so far as to keep the same in repair, and make all -contracts* which may be necessary for that purpose.. Sec. And be it further enacted, That the Reverend James Ray, rector of the academy aforesaid^ for the time beings shall be president off the hoard of commission- ers, who, together with a majority of the said commissioners shall have full power and authority to make all bye-laws, rules and regulations w hich may be necessary to carry the foregoing powers into complete effect; Provided the said bye-laws, rules or regulations are not inconsistent with,-or contrary to the constitutional laws of this State. And the said board of commissioners when. constituted as aforesaid, shall be vested with com- plete authority te enquire into all offences which may be committed against such bye- laws, and impose sueh fine,. and infiict such punishment, as in and by the aforesaid laws may be enacted against such offences $ Provided, That if any person or persons shall deem himself injured by sueh determination, such person or persons shall be at liberty hayeappeiiate to appeal from sueh decision, to the next Justices' Court which may be held in and for J * ' * the said district, and the said Justice shall proceed thereon as in appeal cases within his jurisdiction. * See uci oi 18 J4, Nti lt>3. amendatory of this act.—See also act of 181 J, No. 538, authorizing1 the commis- sioners to sdU the town common, James Ray appointed pre sident of the board. Their powers Justices of the peace to iso LAWS OF GEORGIA, (No. 12k.) Sec. 5. And be it further enacted, That the said commissioners shall be cx-ofiici» Justices of the Peace, so far as respects the execution of the several provisions of this Conimi.si- oners, Jubti- cc»°f't^e ^ act, and the bye-laws which may be enacted, pursuant to this act; and that the said iicio, commissioners shall keep regular and fair minutes of their proceedings, and shall cause To keep fair all bye-laws by them enacted to be entered upon such minutes, and also all decisions and regular wliicli may be made under the aforesaid laws $ which minutes shall be taken and held their proceed- as records, and the said commissioners when constituted as aforesaid, shall have potyer to punish all and every contempt committed in their presence; provided that 110 fine or -penalty which may be imposed for any offence committed against any of the provisions of any such bye-daws, as may -be by them-be enacted, shall exceed the sum of thirty dollars. jpg S. ^.Commission- Sec. 6. And.be it further enacted, That -the said commissioners when sitting to er's court to determine on any cause or plaint, arising under the bye-laws enacted pursuant to this as jusetfces'ted act, shall be governed by the act regulating Justices'Courts within this State : and all court* sums of moneyfor which judgment.may be given, and all fines which may be imposed by the said commissioners shall be levied and collected by execution, in the same manner -as money sued for snd recovered in Justices' Courts within this State. the^ent^ani Sec. 7. And be it further enacted, That all monies arising from the rent of the pUeV^cTthe t°wn"commoIb and from the imposition of fines and penalties, shall by the said commis- academy and sioners be applied to the erection -and support of the Academy aforesaid, and repair of housed the Meeting-House* Sec. 8. And be it further enacted, That the commissioners aforesaid shall have a Gomm'ssion- col'porate capacity, so far as to enable them to sue and be sued, and to receive and r t acquire property both real and personal, either by gift, grant or purchase, and to hold claredabody the same in perpetuity, for the purposes and uses before mentioned ; and that the style politic. t|lc sajd commissioners shall be, « the President and Commissioners of the town of Greensborough." Sec.'9. And be it f urther enacted, That the said commissioners shall continue in office •until the first Monday in January, in the year 1804, at which time, and every subsequent Commis5:on- Monday 1" January, the citizens of the said town of Greensborough, entitled to ers elective, TOte for members of the General Assembly, shall choose by ballot, six persons to sue- tt'kcn & lio'v. . . . . cced them as commissioners of the said town, which commissioners -or a majority of them, together with the reetor -of the said academy, shall be, and arc hereby vested with full power and authority to carry all the provisions of this act into full and com- •plete execution. ABRAHAM JACKSON, Speaker of the House of Representatives* DAVID EMANUEL, President of the Senate. Assented to, December 10, 1803. JOHN MILLEDGE, Governor. PASSED: IN THE YEAR. 1803, 151 AN ACT (No. 125.) To amend an act, entitled, « Jin Act to oblige vessels and persons coming from places infected with epidemical distempers, to perform quarantine, and to prevent the bring- ing into and spreading malignant and contagious disorders in this State," and to give further authority to the mayor and aldermen of the city of Savannah, the bet- ter to enable them to carry the said act into effect. Wi Preamble. HEEEAS tlie high fines and penalties inflicted by the act aforesaid, and the dif- Acuities attending the conviction of offenders, together with the want of sufficient power in the corporation of the city of Savannah to enforce the same, tend to render the said act ineffectual, ani! to defeat the salutary purposes intended thereby» Sec I JB E it therefdre enacUd ¥y the Senate and House of Representatives of the Stcde of Georgia, in General Assembly met, and it is hereby enacted- by. the authority of jurisdiction the same, That from and after the passing of this act, the jurisdiction of the corpora- ^in* ti6n of the said city of Savannah, shall in casesquarantine, extend to all ships and cr- sof quar- vessels, which shall enter any port or inlet from Ossabaw to Tybce, including all inlets, tend from os- rivers and creeks within those limits.- - beeT t0 T5" Sec. 2. And be it further enacted by the authority aforesaid, That it shall and may he lawful to, and for the mayor and aldermen of the said city, and they are hereby Tjl€powerSof vested with full power and authority to take cognizance of, and enquire into all viola- the Mayor & tions of the said act, committed within the limits aforesaid and upon such enquiry the said mayor and aldermen shall and may, as they shall think proper, according to the nature and degree of the offence, either hind the offender or offenders over to appear at the next cited act. 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 against such offender or offenders 111 a sum- mary manner, as is usual and customary with the said corporation in other cases, and inflict and levy such fine or fines on the offender or'offenders, not exceeding fifty dollars, for each and every offence, as they in tlieir judgment shall think fit and necessary, to deter others from offending, in like manner j and in case no goods or chattels shall be found, whereon to levy such fine or fines as aforesaid, then it shall be lawful to, and for the said mayor and aldermen to commit the offender or offenders to the common jail, there to remain without bail or mainprize, for a term not exceeding one month, or until the said fine or fines, together with the costs and charges of prosecution, shall be fully paid and satisfied $ any thing in the said act contained to the contrary hereof in anywise notwithstanding. ^ Sec. 3. Andbe.it further enacted, That with'respect to the other rivers and inlets The Mine ef this Stater the same powers which are hereby vested in the corporation of Savannah, Poweis 1 to the JuDt;. ces of the —■ ~ aldermen in carrying into effect this & the before r" ■ i52 LAWS OF GEORGIA* (No. 125.) Peace and Commission- ers of towns adjacent to ri- vei-s &. inlets, not included above. Authorized to remove persons in- fee ted with contagious disorders is, and are hereby given t» and vested in the justices of the county, or commissioners of the town adjacent to such inlets or rivers, or the commissioners of pilotage of the port, as it may happen : and they are hereby authorized to proceed in the. same manner as is herein before mentioned, with respect to the mayor and aldermen of Savannah. Sec. 4. And be it farther enacted. That it shall and may be lawful to, and for the said mayor and aldermen to remove from the said city, any person or persons who may be infected with the small-pox, or other contagious disorder, to such place or places without the limits thereof, as they may appoint for that purpose.* ABRAHAM . JACKS ON, Speaker of the House of Representatives* DAVID EMANUEL, President of the Senate* Assented to, December 10, 1S03. JOHN MILLED GE, Governor (No. 126.) AN ACT To amend an net, entitled, « An Act to alter and amend an Act, to empower the In* ferior Courts of the several counties within this State, to order the laying out the public roads, and to order the building and keeping in repair the public bridges," so far as respects the counties of Chatham, Liberty, Bryan, M'lnlosh, Glynn and Camden* justices of ^EC* JDlE# enacted by the Senate and House of Representatives of the State rf cour^to Tay Georgia, in General Assembly met, and by the authority of the same, That the justices off districts 0f the inferior court shall, at their first session (spring term) in the year one thousand commission- eight hundred r:id four, in the counties of Chatham, Liberty, Bryan, M*Intosh, Glynn, °13' and Camden, proceed to appoint three commissioners or surveyors to each district or division in said counties, and they are likewise authorized and required to prescribe and point out as many, and sueli districts or divisions as to tliein shall seem meet and proper# haying due regard to proportioning the said districts so as to divide the labor and expense of the roads, bridges, causeways aud water passages equally among the citizens, and in case there should he no inferior court held in the time of the spring session, or should the * See act of 1805, No 177, amendatory of this act. PASSED IN THE TEAR 1803. Il>3 commissioners not be appointed at that time, the justices of the Inferior court, or a (No. 126.} majority of them, shall as soon as may be, meet and appoint the same. Sec. 2. And be it further enacted, That the commissioners or surveyors of the sev- oral districts or divisions, which may be made under and by virtue of this act, are hereby Duty of the commission- ers in laying empowered, and required to continue to work upon, clear, am end, repair, erect, and improve out and work- the several roads, bridges, fords, causeways, and water passages, in said counties as are already laid out, opened, erected and cleared, and to layout, open, erect and clear, any others, that may hereafter be found necessary. ing on the roads. Sec. 5. And be it further enacted, That all male white inhabitants (execpt permanent who liable residents of the town of Sunbury,) free negroes and mulattoes, and all male slaves from said^oads. °a the age of eighteen to forty-five years, shall be, and they are hereby declared to be oblig- who exempt- ed to appear and work upon the several roads, creeks, causeways, water passages and bridges, within the several districts of divisions to which such male white inhabit tants, free negroes and mulattoes and all male slaves, may be allotted (according to their places of residence) pursuant, to the mode hereinafter pointed out, or such white male inhabitants, free negroes and mulattoes, and owners, managers and employers of such negroes and ether male slaves, shall be liable to the fines and penalties in this act defrn- who exempt- ed and expressed. Provided nevertheless, That nothing herein contained, shall extend* or be construed to extend, to subject practitioners of physic, or teachers of schools, to personal working or attendance on the roads, causeways, bridges, and water passages within the several districts or divisions, wherein such persons shall or may reside. ISec. 4. And be it f urther enacted, That the commissioners or surveyors, appointed peisont©be wider this act, or the majority of them, shall, and they have full power and authority to appoint one or more person or persons, within their several districts or divisions, to those obliged ii . ii-i ... i. . . , to work on the summon all such persons as are obliged to work within the said districts or divisions, at r0ads—-& pen such time of the year, and for as many days as they may think convenient and necessary, Meeting to suni (not to exceed six days at one time, or twelve days in one year) to repair, erect, open, mon, ten doi- clear and work upon the several roads, bridges, causeways, water passages, and water courses within the same, and the several owners, managers or employers of male slaves within their several divisions or districts, shall, when summoned as aforesaid, deliver to-the person summoning him, her or them, a list of ail such male slaves as by this act are liable to work, in writing signed by such owner, manage? or employer, under a pen- ally of thirteen dollars for a neglect thereof, w hich list the person summoning, shall deliver to the surveyors or commissions of such districts or divisions, and the said com- missioners or surveyors are empowered and required, to swear any owner, manager or employer, giving and signing such list to the truth thereof; and the person or persons summoning as a foresaid, shall be exempt from his or their personal labour in such dis- tricts or divisions, and in case any person or persons appointed to summon as aforesaid, Y L.VT3 OF GFOHflTA, (No. l2(St) shall neglect or refuse so to do, such person or persons shall severally forfeit ten dollars for every such offence. Ten days n0 Sec* 5t ^ it further enacted, That the surveyors or commissioners, shall at least ticc to be £iv- give ten days notice to all persons subject to work within their respective districts or ot ihe tinte d divisions, of the timeand place of attendance, with sueli tools as he may deem necessary, tool! nccl *s! ant* ^ a°y person subject to work as aforesaid, shall fail to attend agreeably to suck t-y foiwoiking- notice, together with all slaves owned by them, or under their care and management -they shall be subject to the following fines, to wit:—For the non-attendance of every free person, the sum of two dollars per day, and for every slave, the sum of one hun- tired cents per day, to be levied by warrantor distress'and sale of the offenders goods, and chattels, under the hands and seals of a majority of the commissioners or survey- ors of the district in which the same shall be assessed or be incurred, and directed to any constable within the county, wherein such offender shall reside,;and shall be paid into the hands of the said commissioners or surveyors, or any one of them, who shall apply Penalties for the same towards the repairs of the several roads, bridges, and causeways, within such work, k how division, and be severally answerable for the sums received by them, to the Inferior court how appropri- ^ie county, and shall make a return of the sum or sums of money by them received atctl* as aforesaid, and of the particular bridges, causeways or roads, about which they have expended and laid out the same or parts (hereof, on the first term of the said c ourts, in each year, unless the party making sueli default shall within ten days thereafter, make such excuse on oath, as may be deemed satisfactory to the commissioners or survey ors of their respective districts or divisions* The male §ec. <->• ^d he it further enacted, That every male white inhabitant liable to work white inhabi- and appear as aforesaid, shall when summoned and appearing as aforesaid in his divi- with thereto sion or district, carry with him one good and sufficient gun or pair of pistols, and at ams°aCiS ^ least n^ne cartridges to fit the same, or twelve loads ©f powder and ball, or buck shot* under the penalty of one hundred cents for every day he shall neglect so to do. Sec. 7. Jind he it further enacted , That no civil officer, or any person whatsoever,. Pe sons fee 051 aay pretence, execute any warrantor process, unless for felony, treason, or from am st, hi each of the peace, on any person or persons, during the time any such person or per- on the"°roadf sons shall be working upon the said roads, or in going to and returning from working, & their Carms an^ appearing as aforesaid on the same, or within twenty-four hours after such person and instru- or persons shall be discharged from working upon such roads, under the penalty of ten axccution. dollars, and the service of such warrant or summons, on any person or persons, is here- by declared to be null and void to all intents and purposes; and during the time aforesaid, not any implement of labour shall be liable to be seized, or taken in execution, for any cause, matter or thing whatsoever, except it be for any payment or assessment mentioned in* or for any fine or forfeiture incurred by this act, but arms and accoutrements shall r.st PASSED IK THE YEAH 1803. 155 be liable to be seized or taken under any pretence whatsoever, and in case any person (No. 126.) shall seize, distrain or levy upon any such implements of labour, arms and accoutre- ments (except as aforesaid) every such person shall forfeit and pay the sum of ten dollars. Sec. S. And be it further enacted, That the commissioners or surveyors aforesaid, or any one of them, shall have power and authority to nominate and appoint one or Appointed! more overseer or overseers, in their respective districts or divisions, to attend, view, P°werSd manage and direct all persons working within the same, and such overseer or overseers, penalty for hereby have full power to correct any slave or slaves neglecting the work by them to be g^fcunsthl" done, or otherwise offending; and in case any white person, free negro or mulatto, shall neglect to work, or perform the duty required of him or them, the commissioners or surveyors, or a majority of them, upon report thereof by the overseer or overseers, shall fine every person so offending, in a sum not exceeding two dollars for each day he shall so refuse or neglect; and if any person or persons chosen overseer as aforesaid, shall refuse to do and perform the duty thereof, such person or persons shall at the discretion of the said commissioners or surveyors, or a majority of them, be fined ten dollars for «very such offence. Sec. 9. And be it further enacted, That all public roads laid out, or now in use, or which shall hereafter be laid out, shall be cleared of all trees, grubs and bushes, at Work in v hat ° manner to be least twenty feet wide, and such limbs of trees as may incommode lioresemen or carri- done, ages* shall be cut away; all bridges or causeways, made or to he made, over small water courses and causeways over swamps or low lands, shall he made and kept in repair by the hands subject to w ork on the roads where th£ same may be necessary; and the pieces wherewith the same shall be made, shall be1 laid across the road, and be at least sixteen feet long, well secured, made fast and covered w ith earth ; And whereas it may not be practicable for the several persons subject to w ork by this act, to erect bridges over the several creeks or rivers, within their several districts or divisions, by w orking thereon three days.— Sec. 10. Be it therefore enacted, That the commissioners or surveyors of such districts or divisions by consent of the justices of the Inferior court of the county, shall, and Assessments they are hereby empowered, to contract and agree with any person or persons w illing to t^drfr yU fhe undertake the same, and to defray the expense thereof, by an equal assessment on all expense of persons and property within the said district or division.—Provided nevertheless, That Avork"1^1^ where it may appedr necessary to erect such bridges over any ereek or river, being between two divisions, the labor and charges of creeling the same shall he defrayed or done by an equal assessment upon both divisions, or if any person or persons shall refuse or neglect to perform or pay his, her or their assessment, execution may and shall he levied upon his, her or their goods and chattels, in the manner before mentioned. i&6 , JLAMS 0F GE01UG1A, done in rases where persons obsiiuct the (No. 126.) Sec. 11. And be it further enacted, That if any person or persons shall, by tliem^ selves, their slaves or servants, (for whom their respective masters, owners, managers, or employers, shall be answerable) alter, or in anywise damage, by stopping of water# What to be or by any means, whatever, obstruct any of the roads, bridges, rivers, or creeks, in any division or district already laid out, or that may hereafter belaid out, every such per- son or person so offending, shall he summoned by the commissioners or surveyors of the roads, penalty , See. districts or divisions wherein any such offence shall be committed., or a majority of them, forthwith to amend, clear and repair the same; and in ease of the refusal or neglect of such person or persons so to do, such person or persons so offending, shall be fined in a sum not exceeding thirty dollars, and the said commissioners or surveyors, or a majority of them, are hereby empowered and required, to lure and employ such a number of hands as may be necessary to attend, repair, and clear the same, and the expense of such amendment, repairing and clearing, shall he defrayed and paid by the person or persons so offending, neglecting or refusing as aforesaid, which fine and expense shall, oil refusal of payment, he levied on the goods, and chattels of such offenders, as in this act is directed, ®EC* i2' ^ fur^ier Mulcted, That if any person or persons as aforesaid, shall travellers, or binder or forbid any traveller from going through, or passing over any roads, bridges, preventing . . .... ^ . . . . the different rivers or creeks, in any division or district, or obstruct or oppose the commissioners or thorized surveyors Qf such division or district, the overseers, white persons, free negroes and mu~ carry this^act lattoes, or slaves working in and upon,' or clearing the same, in so doing, or making any from doing use of trees or timber wood, or earth, sand or stones, in or near the same, for mending and their duty, repairing the said roads or bridges, or any causeways whatsoever, within the same, such person or persons shall forfeit a sum not exceeding thirty dollars. And for the better and more effectually carrying this act into execution Sec. 13. JOe it enacted, That the several commissioners or surveyors to be nominated . . and appointed by virtue of this act, shall meet yearly, and at such time and place within Commissi- m m t oners to meet the county, as the commissioners or surveyors of the several divisions may appoint, giv- tewnme^ll16' *n§ at *eas^ twenty days notice in their respective divisions or districts, of the time when, jnatters relat- and place where such meeting will be held, and then and there determine ali matters ing to the roads, and relating to the several roads, bridges, rivers creeks, causeways and water passages alrea- rangementfor ^y laid out, erected, cleared or made, or which may he erected, cleared or made, and thereoif assign any particular part of the duty to he performed by any particular person or per- sons, commissioner or surveyor, and to appoint the time of working within their res- pectivc divisions or districts, and also, to appoint other commissioners or surveyors, in the room of any dying, departing this State, declining, refusing or neglecting to act, as shall be agreed upon and determined by a majority of the commissioners then present. Sec. lb. And be it further enacted, That any surveyor or commissioner to be ap- pointed by virtue of this act, who shall not daily, and every day, attend upon the roads PASSED IN THE TEAR 1803, within their respective districts or divisions, during the time of working on the same, (No. 126.) or whenever thereunto required, b> a majority of the commissioners or surveyors of such Penalty for a 1 ^ ° * \ commission- divisions or districts; or if any of the commissioners or surveyors, so appointed, shall era neglecting after accepting such appointment, refuse, or neglect to do or perform the duties requir- gi^n^^er'" ad of them by this act, such commissioners shall, (at the discretion of the other commis- accepting-, sioners or surveyors of his district or division) forfeit and pay a sum not exceeding twenty four dollars; this clause not to extend to fine any commissioner or surveyor, who, after serving as such by virtue of this act, the space of two years, shall choose to de- ©line the said office. Sac. 15. *>2iicl ho it f urther enacted, That the commissioners or surveyors within Private paths ilieir respective districts, upon application being made to them by any person concerned, '-J,™ ^o^th# shall, and they hereby have power to Jay out any private path, for the convenience of jToa' any particular settlement, to the nearest public road or landing place, which roads are to off; and pen- be cleared, opened and kept in repair, solely for the joint proportional labor and expense working on of those who may apply for and use the same in common, of which proportional labor them* and expense the said commissioners or surveyors are declared to be sole judges; and any person or persons, so liable to keep in repair the said private paths, who shall refuse or neglect to keep the said roads in repair as aforesaid, shall be liable to such penalties and forfeitures as are inflicted on persons who refuse or neglect to work upon the public roads j this clause not to extend to exempt such persons from laboring on their respec-- tiye public road. Sec. 16. JLndhe it further enacted, That if at any time after the passing of this act, any number of persons should wish or desire anew public road to be laid out,-opened public roads cleared, and kept in repair, such persons shall communicate their wish or desire, by off. t0 ^ ^ petition, to the hoard of commissioners or surveyors, at their annual meeting, therein giving an accurate and full description of the road they wish laid out, with the place from whence, and whither they wish it to lead, and through what district or districts such road is intended to run; and provided the prayers of such petitioners should be deemed just and reasonable by the commissioners or surveyors, or a majority of them then present, they are hereby empowered and required to order such new road to be laid out, and to determine and prescribe the district or districts of such road or roads, and forthwith to appoint three commissioners to each division, who will accordingly proceed to lay out and cause to be opened, cleared and kept in repair, such road or roads. Provided, That if the said new road shall not he of sufficient length, or difficulty to form ©r require a separate district, the said commissioners or surveyors,, or a majority of them, may at their discretion allot the same to such other district or districts, as may appear to them most equal and fair. Sec. 17. Ajjd whereas, it has been found that the inhabitants of Cumberland island are subject to great inconveniency from their remote situation from the main public road* i, LAWS OF GEORGIA, (No. 120,) by which they are inevitably exposed to a dangerous water passage, and much loss of time, in going to, and returning from the same, A road to ^ therefore enacted hy the authority aforesaid^ That the judges of the inferior court, fwm runiber or a maJority them, shall have power to order the laying out a road, from the shortest land island to ferry between the island of Cumberland and the main, land, to the nearest public roadr public road, taking such direction as they in their judgments shall think proper, and to lay out or divide the said road into as many districts as they may deem expedient, which shall be subject to and governed by the same rules and regulations that are required by this act:— Provided nevertheless, That nothing herein contained, shall be construed to compel white male inhabitants, so far as it respects the county of Camden, to perform pei sonal labor on any of the roads, but to attend armed and accoutered as is heretofore pointed out. Justices of Sec. 18. And he it further enacted, That nothing in this act shall bo construed to the inferior prevent the justices of the inferior courts, in the before recited counties, from serving eoui't may be . . commission-, as overseers or commissioners. crs. Sec. 19. And he it further enacted, That all laws or parts of laws, pointing out any other mode for keeping in repair the public roads and bridges in this State, be, and Repealing the same are hereby repealed, so far as respects the counties of Chatham, Liberty, Bry- clause. M'Intosli, Glynn and Camden.* ABRAHAM JACKSON, Speaker of the House of Representatives* DAVID EMANUEL, President of the Senate* Assented to, December 10, 1803. JOHN MILLEDGE, Governor. (No. 127.) AN ACT To raise a tax for the support of government for the year one thousand eight Jiundred and four. lso^rein^ ^EC" JOE it enacted by the Senate and House of Representatives of the State of cejrtfons^CX" Georgia, to General Assembly met, That the tax act of eighteen hundred and two, shall * See act of 1804, No. 167, amendatory of this act—And see also act of 1805, No. 203, amendatory © 1 this act, and repealing the act of 1804. 159 be and the same is hereby revived, re-enacted and continued, as the tax aet for the year (No. 127.) eighteen hundred and four ; except so far as relates to giving in returns of taxable pro- perty hy non-residents.—Wheiveas great inconvenience results to non-residents and their agents, from, being required by the last tax aet to make separate return of their lands and other taxable property in each county in which they are situate, and for want of sufficient time to make such return—for remedy whereof-— non-resTdeiua* to return pro- pcftv extend* Sec. 2. Be it enacted, That the time allowed for making such returns he, and the ed to three same is hereby extended for three months, and the said non-residents or their agents* may make such return before any judge or justice of the inferior court of this State, turn before a . . judge or jus- upon oath, and, transmit the same to the receiver of tax returns in their respective coun- tice of the in-» ties in which said lands are situate, and the returns so made, shall be good and effectual; amTtransmit any thing contained in the said act to the contrary notwithstanding. £he same^to where the land lies. Sec. 3. And be it further enacted, That the receivers of tax returns in the several counties of this State, shall transmit to the treasurer the aggregate amount of the tax transmit to the treasurer the aggregate an)6unt of the ABRAHAM JACKSON, Speaker of the House of Representatives. county, he'f *f their respective counties. BAYIB EMANUEL, President of the Senate. Assented to, December 10, 1803. JOHN mLLEDGE, GovEUxom AN ACT ,_T _ N (No^ 128.) To appropriate monies for the political year -one thousand eight hundred and four* Sec. 1. ft endued iy the Senate mid House of Representatives of the Slate of ^ ^ Georgia in General Assembly met, and by the authority of the same, That the salary of Governor, the Governor shall be two thousand dollars per annum; and the further sum of five hun- cretarks. dred dollars per annum for house rent, &c. for the use of the executive; the secretaries cr^fu.yhe0f e~ of the Governor, (not exceeding two) five hundred dollars each per annum; the seereta- state, ry of State, two hundred dollars per annum; the surveyor-general, two hundred dollars General, per annum : the judges of the superior courts, fourteen hundred dollars each per annum; Judges ofiha i * superior the treasurer, twelve hundred dollars per annum; the attorney and two solicitors-general, courts. Treasurer, LAWS OF GEORGIA, Solici'u'8 aid Attorney-(je- neral. Socreta&y of of the House of Represen- tatives. Office fees (No. 128.) each one hundred and fifty dollars per annum; the secretary of Senate, three hundred dollars per annum; the clerk of the House of Representatives, three hundred dollars pep annum ; and that so much monies arising from payments to he made into the treasury, for SenateStCieik land tinder the act, entitled, « An Act to make distribution of the late cession of land oh- tained from the Creek nation by the United States' commissioners, by a treaty entered into at or near Fort Wilkinson, on the 16th day of June, 1802," passed at Louisville the 11th how paid. of May, 1803, as will pay and satisfy the officers of government, the respective fees which may accrue, for making out and issuing plats and grants for said land, be and the same is hereby appropriated to the use of the said officers respectively, to be paid by the treasurer to them, as the said fees may become dne, under the existing laws, ascertaining Comptroller- the fees of the public officers of this State ; the comptroller-general, six hundred dollars per annum; which said sums shall be, and they are hereby appropriated for their use, to be paid quarter-yearly, by warrant from the governor on the treasury, out of the taxes to be rceived for the years 1802 and 1803, and the sum of fifteen thousand dollars as a contingent fund, subject to the draughts of the governor. General. Sec. 2. Jlnd be it further enacted, That the President of the Senate and Speaker of the House of Representatives, shall have each, four dollars per day, and the other members of President of the Senate & Speaker of the House of both branches of the Legislature, at and after the rate of three dollars per day each for their tives&^em- coming to, attendance on, and returning from the same; the Secretary of the Senate, and clerk of the House of Representatvies, four dollars per day each; two engrossing clerks To others. bers of both branches, And their of the Senate, and two engrossing clerks of the House of Representatives, four dollars per day each; the messengers and door-keepers of both branches of the General Assembly, three dollars per day each; the clerk of the House of Representatives, and Secretary of the Senate, the sum of sixty-eight dollars each for stationary, fire-wood and other contin- gent expences during the present session; to Doctor John Murray, for Charles Old, and Alexander Stewart, the sum of onojiundred dollars, for apprehending a fugitive from jus- tice, under the Governor's proclamation; to Hugh Bell, an invalid soldier, the sum effifty dollars; to Levin Wailes, clerk to the committee on the state of the republic, the sum of fifty dollars in full for his services; to Edmund R. Jenkins, as clerk to the committee on finance, the sum of forty dollars; to the Adjutant-General, the sum of three dollars per tai?t-^eneri?. day, while in actual service; to the Brigade-Inspectors and Adjutants, two dollars each spectm s^e In" per day, while in actual service; to Richard Weatherford, an invalid soldier, the sum of Aud to fifty dollars; to Mrs. A. Jones, widow and relict of James Jones, an invalid soldier, dec. the sum of fifty dollars, as a temporary support for herself and children; to Alexander Cam- eron, an invalid soldier, the sum of fifty dollars; to Col. Roderick Easlcy, the sum of six hundred and fifty dollars twelve and a half cents, in full for rations furnished a de- tachment of militia in the year 1792, agreeably to a concurred resolution; to Day and Hely, for printing the militia bill, seventy dollars ? to James Smile, for printing the road law, ten dollars; to George Fee, the sum of forty two dollars and eighty five cents, ia full for apprehending a fugitive from justice, under a proclamation, agreeably to a con- PASSED IN THE YEAR 1803. curred resolution ; to Joel lkirnett, Esquire, the sunt of four hundred and fifly-thrc© (No, 1:23.) dollars, and forty-three cents, in full for balances due him as collector of tax, for the county of Richmond; to William J. Bunee, the sum of seventy-eight dollars thirty-one and a quarter cents, being the amount of his printing account up to the twentieth of July* 4803) to Seymour, Woolhopter and Stebbins, for printing up to this day, the sUm of seventy-six dollars, and twenty-five cents; to Captain Thomas Bell, the sum of seven dollars and seventy cents, for duty performed by order of Col, Harris; to Captain Edwin Wise, the sum of six dollars and sixteen cents, for duty performed under order ef Col. Hampton; to Thomas Carr of the Creek Nation, the sum of one hundred and sixty-four dollars, fourteen and a quarter cents, in full for redeeming Murdoch M«Leod, a citizen of Georgia, when a prisoner in the Creek Nation, &e. which said several sums of money shall be paid out of any monies which now are, or hereafter may come into the Treasury, from the payment of taxes, ABRAHAM JACKSON, Speaker of the House of Representative#* DAYID EMANUEL, President of the Senate* Assented to, December 11, 1803. - JOHN MIXEDGE, Govehnor, ACT* £Xo. 129.) To revise, amend and consolidate the several Militia Laws of this Stale, and to adopt the same to the acts of Congress of the United States. YY REREAS the appointment of the officers, and the power of training the militia of the several States according to the discipline prescribed by Congress, is secured to Preamble, them respectively by the constitution of the United StatesAnd whereas it is evident from the experience of ages, that to be prepared for war is the greatest security of the peace of a nation, and that a well organized and disciplined militia ought to be consul- ©red among the first objects of a free people. * See act of 1804, No. 152, act cif 1805, No. 214, amendatory of this aot, and act of 1807", No. .312 to at vnend and consolidate, repealing all former laws, eicvpt as to patroling, which a£t and its amendments since, are the laws governing the militia of this State. w LAWS OF UEOKCIA, ;w in General. Assembly met,.That when it shall be found necessary to peks ^are to ereate any new division or brigade district, or make alterations in any of those already temi, and by laid oif and defined, such new, definitions or alterations,, shall be made by the legislature whom. and a record made of the same in the Adjutaut-G eneral's office, as well as of the organ- i?atiea of the divisions and , brigades heretofore created and defined.. Regimental ®se* 2.. And be it farther enacted,.. That when itsliall he necessary to create any new hattaiion ami rcgihiental battalion, or company district, or make alterations in any such as have been tricts how to heretofore laid off; the, commanding officers of regiments* shall assemble the command- hd/dfT*1 01 log officers of battalions and companies,,at some fit and convenient place, and shall pro- ceed tn lay off, or alter any such .regimental, battalion, or company district or districts, w hich districts shall, .in ,all cases,., be. designated by certain lines and bounds, and record- c.d by the clerk of the respective regimental courts of enquiry ; .blit that in all creation or division of the, aforesaid districts,.a due regard shall be had to the -number of effective men required for each corps.by the militia law of the United States, and that in ease of tfie creation of any new. company district, any subaltern officer or officers, falling within., the, bounds thereof,. shall hold his-or their rank and grade,- his or their respective eommis* sions being made to bear the number of the said new district; and that in case, of the or- gauization of an additional acquisitions of territory, the regimental battalion, and com- panv districts therein, shall, in the first instance, be defined in such- manner, and by such officers of the, militia, as the commanded in chief .may order and direct. Sec. 3.. And he it further, enacted, .That a regiment shall not contain less than two, or more than three battalions ; and that in a regiment composed of two or more counties,, regimental-musters shall be held by battalions, and regimental courts of enquiry shall. also be held in each of said counties, and that battalion districts shall he so arranged, as not to embrace parts of two or more counties, and that the brigadier-general and field officers shall determine which several counties shall form a regiment., Sec. 4., And be it further enacted, That every division, brigade, regimental, battalion Divisions a*!id company district, .shall be numbered throughout the State, by order of the commasi- br!sucks, ieg-- t|€I. ja thief, iii such manner, that every corps of the same denomination, shall bear a imenis, batta- lions and r,om- different number; by which numbers every district shall be designated in the commis- numbered. b IheiC respective commands following the same ; regiments being toll- cd into.regular battalions; battalions.into, regular divisions, companies, platoons, and i sections* Sec. 5. And be it further enacted, That all vacancies which" may happen by death, resignation or otherwise* of any major-general, brigadier-general, or quarter-master- How many battalions compose a re* giment-court- ties having less than two battalions how -com- xnancled. PASSED IN THE YEAE ISO J. 16. general* shall he filled by the General Assembly, by joint ballot of both branches, and (Ko. 429.^ that conformably to an act of Congress, passed the 2d day of March, 1803, a quarter- bri^E- master-general for this State shall be appointed in like manner, and a list of the name or names, of the person or persons so appointed, under the signature of the president of neraictobekl , the Senate, and speaker of the House of Representatives, shall be transmitted to his ex- 1 cellency the governor, within two days thereafter, who is hereby required to issue com- missions, to each and every.person so appointed, within ten days thereafter. t Sue. 6* And be it further enacted, That when vacancies shall happen by death, resig- nation or otherwise, in any company district, or where a new created district shall re- .quire officers, such officers shall he elected by the citizens liable to bear arms, within Compnuy ofT- x ccrs how ap jsuch company district, under the following rules andTestrictions :—The commanding offi- pointed and oer of the regiment or battalion shall give at least ten days public notice of the time and *c0!Tinussl0rier place of holding such election, and the election shall be held under the presidency of two 'or more justices of the county such company may be in, who shall receive the ballots of all suek citizens of the district as aforesaid, and make report within thirty days under their hands and seals, to the commander in chief for the time being, of the persons hav- ing the highest number of votes, together with a state of the poll, for captain, lieutenant and ensign, as the ease may he, and the commander in chief shall, within five days after the receipt thereof, commission the persons so elected^ and in the interim betw een the ^jme.of holding such election, and receiving their commissions, such officers shall be fully authorized to act in all their functions, by brevet from the lieutenant-colonel, or -major-commandant; Provided such election is not protested-against, by any person hav- ing been a candidate 5 and in case the citizens of any company district, shall neglect op refuse to elect the officers as aforesaid, at the time and .place appointed, then the com- manner in chief shall proceed to appoint the necessary officers for such company district, 45,nd in the interim of *such refusal or neglect of the citizens of a district to elect proper -officers, and the appointment by the commander in chief, the major of the battalion to which such-company district belongs, shall order the commanding officer of the next ad- jaeent company, to enrol such deranged company within his own, and they shall be sub- ject to the orders of such officer until their own company district is again completely organized. Sec. 7. Atidbe it further enacted, That when a "vacancy shall happen by death resig- nation, or otherwise, of any commanding officer of a regiment or battalion, such vacancy shall he filled by the election of all the commissioned or breveted officers within such re- gimental or battalion district, who will become subject to the command of such field officer, officers how when elected, under the following rules and restrictions, that is to sayAny two or appomtetl' snore captains, within such regimental or battalion district, not being themselves candi- dates, shall give twenty-days public notice in evePy company district within the same, of ;,the time and place of holding such elections 5 and they, with any two or more justices* ttii . LAWS OP GEORGIA, (No. 129.) who arc not candidates, shall pfvaide at the election, and the said presiding captains a . 1 justices, shall, within thirty days thereafter, certify under their hands and seals, (lie person or persons hating the highest number of votes, and the state of the poll so taken, shall be transmitted to the commander in chief, who shall, within ten d.tys after said transmission, commission the person or persons so elected; and that in 1«/rimentai dis- tricts, the brigadier-general shall appoint the time and place at which said elections shall be held dv« on bri 8- he it further enacted, That each major-general* brigadier-general, and guile wndregi- Ueutenant-eolonel, shall have the appointments of their own respective aids-de-eamp, brigade ,S)wappoStld inspectors, brigade quarter-masters, and the regimental staff, as pointed out L>> the rnili- tia law of the United States, and that brigade inspectors, and brigade Quarter-masters, shall be commissioned by the commander in chief. Sue. 9. *3ml he it further enacted, That each and eveiy officer appointed, ©r who may hereafter be appointed and commissioned, or breveted, (not having heretofore done the same) shall previous to, entering on the duties of his office, take the following oath, (to be administered by ajustice of the peace, or the court of the county in which such officer resides,) to wit " I , do swear, that I will support the constitution of this State, and of the United States, and faithfully discharge the duties in the of militia of the State of Georgia, to the best of my skill and judgment, so help me God." If the said oath be administered by a justice of the peace, it shall be his duty to cer- iify the same to the court of his county, there to be entered on record by the clerk. Sec. 10. vlnd be it further enacted, That the commanding officers of companies, Enrolments shall enrol every able bodied white male citizen between the age of eighteen and forty- made/pei-s^n# ^IVC years» except such as are exempt by the laws of the United States, and. this present ts duty- act, residing, within his district, and that in all eases of doubt, respecting the age of any person enrolled, intended to be enrolled, or pleading incapacity to serve in any company, the party questioned shall prove his age or inability to the regimental court of enquiry, with- in whose hounds he may reside; and it shall at all times hereafter, be the duty of every sucli captain or commanding officer of such company, to enrol every such white male as aforesaid, as shall from time to time arrive at the age of eighteen years, and under forty-live years, except as before excepted, shall come to reside within his bounds $ and shall without delay notify such person of the said enrolment by a proper non-commissioned officer, by whom such notice may be proven. Cow-panic* *o Sec. 41. Jlnd he it further enacted, That the captain or commanding officer of each to squ^fs^nd company, shall divide his company as nearly equal as possible into four squads, and anniv r.-ou-commis- ally ha the month of March. shall nominate one lit and proper person in each squad 8* "ioneel officers Aft officers to ti&e an oath. Thfe oath. PASSIM) IN THE YEAH 1803. i«5 serjeant, and another At and proper person as corporal ; but in ease of refusal of all (No. 13(5.) or any sncb persons to act as serjeant or corporal, the commanding officer of 9ttch com- pany shall deposit the names of the men in each squad in separate hats, and call on some disinterested person to draw two names from each hat, and the person whose name shal| be tirst drawn shall he a serjeant, and the person whose name shall be next drawn, shall be a corporal, and such persons shall he responsible for the duties required of such non- commissioned officers by law, for the term of one year thereafter, but such person shall not he compelled to serve again, nntL the names of all the other persons in the respective squads shall have been so drawn* &xc. 13. Jlndle it farther enacted, That the respective regimental courts of enquiry, shall have power to cause to be bound for a term of years, to the several commandants of companies, battalions and regiments, and their successors in office as the ease may tained, in- require, sneh a number of boys and young men, with the consent of their parents or trabicdf *"*** other person authorised as they in their discretion may deem proper, for the purpose of being instructed in the different branches of military music, and of serving as musicians when tbey may he competent thereto, to the several companies, battalions and regiments, and the father of any youth who may be bound, otherwise subject to be enrolled, shall be exempt from all duty in the militia, so long as his son so bound, may continue to serve ia the corps to which he would otherwise belong, as well during his apprenticeship as there- after | and the. several regimental courts of enquiry shall make provision-from time to time, for the cloathing, maintenance, and properly instructing all such youths, to be paid . from tire funds arising from the fines imposed by this act; and the commanding officers of regiments shall cause the drummers and lifers and other musicians of their respective regiments to meet at such times: and place* that commissioned officers are required to meet, for the purpose of being trained by the adjutant-general or hrigade-inspector, there to be instructed in their respective branches of music, for which purpose the command big officer of the regiment may employ such person or persons as he may think proper and capable, to instruct such drummers and fifcrs and other musicians,, the person so tu be employed by the commanding officer of the regiment, to be allowed such compensation as the regimental court of enquiry may authorize, and each drummer and fifer and other musician, unless an apprentice, shall be allowed during the time they are convened, one dollar per day, to be paid out of the funds arising from fines. Sec. IS. And le it further enacted, That until arms and equipments of the description required by the militia law of the United States can be procured in. this State, by any mode which the legislature may hereafter point out, every non-commissioned officer or AccouW private in the militia of the line, shall stand bound to appear at all musters or on all roent3\ other necessary occasions, armed, equipped and provided with a firelock in good order, and a cartridge box or shot pouch; but all volunteer companies of light-infantry, grana* •iiers or riflemen* shall at all tiroes be and appear at musters* or on. other necessary JOS LAWS OP GEORGIA, (No. 120.) occasions, armed, equipped and provided as the militia law of the United States pre- -scribes, as well as any volunteer corps of cavalry or artillery. Volunteer Sec- 4i- be cnactei^ That tLtee Fears aftei> tlae Phasing of this aet, the rompunies cloathine and annarel of all volunteer corps already raised, or to be raised, in conform- liow to be u- • *t niformed how ity to the law of Congress, shall be Uniform for each service throughout the State, and rsl* shall be determined oh by the major-generals collectively; and no person belonging to tnnt the militia of the line, shall under colour of enlisting into any company to be made up by volunteer enrolment, be excused from doing duty in the infantry of the line, until lie shall have equipped himself for service in such volunteer company, according to law, and shall have produced a certificate thereof from the commanding officer of the volun- teer company, to the commanding officer of the district company to which-he did.properly belong: and no person having enlisted in afty volunteer company, shall be permitted to withdraw himself from the same, under the penalty of ten dollars, unless in case of re- moral from his regimental or battalion district, to be recovered as other tines imposed by this act, upon the evidence of the commanding officer of the company from which iie shall so withdraw, without having given said commanding officer thirty days previous notice of his intention so to withdraw-! which commanding officer shall return all such >eases to the first battalion court ef enquiry that shall sit thereafter! and the commissions of such volunteer corps shall designate the number of the regiment or battalion to which they are attached, and the commanding officers of the regimentor battalion shall direct -how they are to be posted on regimental or battalion parades, unless differently ordered by a superior officer! and the said companies shall perform the same roiine of duty (under their respective officers) and .be subject to the sanie rules, regulations, penalties and ^orders as the rest of the militia £ and the commander in chief may order them or any of them out on duty, as occasion, in his opinion may require, by entire companies, and when a district eompany shall not contain any greater number of effective men than what is required by the law of Congress, no volunteer corps shall enlist more than one •eleventh man out of said district, and no greater number of volunteer corps shall be com- missioned henceforward, (unless it is in cases of emergency) than what the militia law of the United States prescribes to he attached to regiments and battalions; and the major- generals shall also determine the uniform and badges of the different grades in the militia -of the line, until which time, and for three years afterwards, the uniform new prescri- bed to the different brigades shall be lawful, as well as the newly prescribed. Sec. £5. Jlnd be it further - enacted, Tliat the commanding officers of companies of every description, shall muster their respective companies four times in every year, at Viombany mus suc^ places within their company districts as may he most convenient to a majority of f any returus. eae^ e°mpany, and at sueh times as shall he prescribed by the regimental or battalion courts of enquiry, and such company musters shall he so arranged, that the commanding officer, of the regiment or battalion may (when to him convenient) with the adjutant of PASSED I?r THE TEAR. 1803.. 1C7 the regiment, attend all or any of them 5 and it is hereby made the duty of the adjutants of (No. 129.)- regiments, to attend all01* as many of such company musters as the commanding office of his regiment may direct, in order to assist the company officers in training their res- pective companies in the exercises and discipline prescribed-by Congress 5 and it shall be the duty of all commanding officers of companies, at any and every of their respective4 company musters, to . take an exact account of arms, accoutrements and ammunition in. possession of each member of his company, and shall add to such account the arms, accoutrements and ammunition in possession of any other person who may fall into his company, from time to time, and shall make an exact return of his company to the commanding officer of the regiment or battalion, at every regimental or battalion review, in the form which he shall receive from such commanding officer, or- the adjutant, which returns shall be filled, ready to-be delivered to the inspector, as ha- shall commence the inspection of each -company.-*. Sec, 16.. And le it further cn&eted,-That there shall be held in each regiment of" p^gimentar county, once in ever^ year, or as the commander in. chief may order, a convention of the drill musters, field, staff, company,-and non-commissioned officers of regiments, for the purpose of being trained and instructed by the adjutant-general, in the exercises and discipline pre- seribed bv Congress; at which said conventions ail field officers shall appear in their- uniform, armed with swords, and provided with their respective commissions: and all staff, company and non-commissioned officers, shall appear in their uniform, armed with firelocks and bayonets, accoutred with cartouch boxes, bayonet belts and scabbards, and provided with their commissions and six blank cartridges each $ and all such officers so convened, shall form acompany, and be subject to such orders, regulations and restric- tions as the adjutant-general may deem necessary, to teach and enforce the discipline prescribed by Congress, for.a term not exceeding two days at any one meeting. ' That there shall be held in each county or regiment once a year, or as often as the- commander in chief may order, a regimental muster (or battalion muster in counties Regimental holding one battalion only) for the purpose of being trained and instructed by the adju- musters- tant-genera!, in the exercises and evolutions prescribed by. Congress. And that a like convention of field and company officers and musters by fiat- talions shall be held once a .year, by,order of the brigadier-general, for the purpose of feeing trained and instructed by the brigade-inspector, .in the exercises and evolutions Battalion prescribed by Congress £ and that the brigade-inspector shall attend all conven- drill musters, tkns of field and company officers, regimental and battalion musters within their respec- - tire brigades, and shall make such returns as are prescribed by the militia, law of the United States. - IAW3 OP GEORGIA, Sec. 17. And he it further enacted, That when sutlers shall attend regimental or ether listers, they shall be considered under the direction of the commanding officer pre- sent, witjk regard to the time and place of their selling liquors, or other refreshments; and that it shall be lawful for said commanding officer, to grant exclusive privileges to such persons as may engage to furnish spacious and convenient places of pal*ade« Sec. 18. And be it further enacted, That if any bye-stander shall interrupt, mtiltit 6** insult any officer or soldier while on duty at any muster, or shall be guilty of like con- duct before any court or board, the commanding officer at such muster, or such court or board, may cause him to be confined for the day, and the commanding officer at all musters shall have power to fix certain limits to their respective parades, within which no spectator or bye-standcr shall enter without his permission $ and if any person shall intrude or offend, he or they shall be liable to be confined for the day, by order of such commanding officer. And if any non-commissioned officer or soldier, shall behave him- self disobediently or mutinously when on duty, or before any court or board, directed by this act to be held, or shall leave the ranks without permission, or refuse to fall therein when ordered at any muster whatever, or shall appear on parade drunk, or shall quarrel himself, or promote any quarrel among his fellow soldiers, such non-commissioned offi- cer or soldier so offending, shall he disarmed and confined for the day, by order of the commanding officer present, and shall moreover be fined at the discretion of a court of enquiry, in a sum not exceeding ten dollors, or less viiau one dollar, to be appropriated as other fines imposed by this act. Sec. 19. And be it further enacted, Tf v.: si: following forfeitures and penalties privatesforde- shall be incurred for delinquencies, to wit\ enant-colonel or commanding offi- ficiencies and " non-attend- .cer of a regiment, for failing to appear at miib vr on any other necessary occasion, ance" armed and uniformed as the law of the United s tates directs $ for failing to take an oath, to summon any court or board, or failing to order a regimental or battalion muster 5 to report delinquent officers j to make return of his regiment, shall for each and every such offence or neglect, forfeit and pay a sum not exeeding. seventy dollars; for failing to call into service any militia legally detailed to his regiment, three hundred dollars. By a major, for failing to appear at musters or oh any other necessary occasion, armed and uniformed as above $ for failing to take an oath, to attend any court or board j to give notice of any regimental or battalion muster, to report delinquencies, or make any return, he shall forfeit and pay for each offence and neglect, a sum not exceeding thirty dollars, for failing to call forth his battalion with due dispatch, or any detachment of men or officers that may be required from time to time, by the commanding officer of his regi- ment, or the commander in chief of the State, one hundred and fifty dollars. By a captain, for failing to appear at muster, or on any other necessary occasion, and uniformed as thp law directs; for failing to take an oath U> attend any court (No. 1'29.) Sutlers. Person inter- rupting mus- ters and court marshals how to be dealt with. Pines of all ♦fficera and PASSED IN THE YEAH 1800. > 1S0 op board; to enroll his men and take an account of their arms, accoutrements and am- (No» 120.) munition; to appoint or draft non-commissioned officers as directed by this act; to give Rotice e f regimental, battalion and company musters; to cause his roll to be called aad his company to be exercised; to examine his company and report delinquencies and defaults, or to make any return as directed by this act; shall forfeit and pay for each and every such offence and neglect, a sum not exceeding twenty dollars; for failing to call forth such officers and men as may from time to time be legally called for from his com- pany, or for failing on such occasions to repair to the place of rendezvous, he shall for- ieit and pay a sum not exceeding sixty dollars. By a subaltern officer, for failing to appear at muster or on any -other necessary occasion, armed and uniformed as the law directs; for failing to take an oath or attend any court; for each and every such offence, he shall forfeit and pay, at the discretion of the court of enquiry, a sum not exceeding ten dollars; for failing to appear to the place of rendezvous, when ordered upon any call from the commander in chief, he shall forfeit and pay a sum not exceeding fifty dollars. By a non-commissioned officer or musician ; for refusing or neglecting to =act as such, ■after having been legally drafted or taught; to give due notice to their respective squads' of all musters, and to such of them as they are ordered to summon to courts of enqui- ry ; for failing to attend any muster or courts of enquiry when ordered; for failing t© appear properly armed and accoutred at aforesaid muster; he shall forfeit and pay a sum not exceeding six dollars or less than one, for each and every such offence, at the dis- .eretion of a court of enquiry ; for failing to repair to his rendezvous when legally drafted and ordered, upon any call from the commander in chief, a sum not exceeding fifty dollars. By a private soldier, for failing to attend any muster, when legally warned thereto, or failing to attend by the time appointed (which for all musters to be held throughout the State shall be by eleven o'clock in the morning) armed and accoutred as this act directs, shall forfeit and pay for each offence, a sum not exceeding three dollars, or less than one dollar, at the discretion of a court of enquiry; for failing to repair to his ren- dezvous, properly armed,, accoutred and equipped, when legally drafted and ordered tipon any call from the eommander in chief, a sum not exceeding fifty dollars, at the discretion of a court of enquiry ; Provided that no officer of the militia shall be fined for not appearing in uniform, until six months after he shall have been commissioned.— And if any non-commissioned officer shall be returned as a delinquent, for not appearing tirmed and accoutred as the law directs; the court of enquiry before whom the same shall be tried, may if it appears reasonable, and the delinquent shall make it appear that he wasunableto procure Lie legal equipment, remit the fine incurred by him: and that the fines -and penalties incurred by minors and apprentices, for the breach and neglect of their duty X _ * *73 LAAVS OF GEORGIA, pro. 129.) in any particular service by law required of them, shall be paid, by the parent, guardiam or master. Accoutres, Sec 20. And he it father enacted, That all arms, ammunition and. equipments, the- juents exempt troopers horses and furniture of the militia, shall be exempted from execution and dis- from executi- ... . , . « ■, .... .... on, and the tress at all times ; and their persons Irom arrest and proeess m.ciyiI cases,.while going to, res" civil continuing at or Returning, from musters, and while in actual service. cases while on duly. Sec. 21. And he U further enacted, That the distribution of all orders requiring any -muster to be held, shall take place ,in such manner as that u, lieutenant-colonal or com- manding officer of a .regiment, shall have notice in writing from the brigadier-general, to°bpCdebtrT- at least thirty days before such intended muster ; a major or commanding officer of a bat- the *a^0Ib from the lieutenant-colonel or commanding officer of the regiment* at least twenty days, a captain or commanding offieer of a company,, from the major or commanding offi- cer of the battalion, at least fifteen- days; who shall distribute all orders to their ser - geants, at least ten days, and the sergeant to each person vin his squad, at least three days before such musters respectively, nevertheless, all notices publicly given by the com-. manding officers of companies, at their respective musters, of any subsequent muster, shall be held and deemed as legal notices, as to all persons present at such musters. And ten days previous notice shall be served in writing, to any delinquent officer, non-com- missioned officer or soldier, by the adjutant to said officers* and by sergeants to non-com-- missioned officers and privates, of the time and place the court of enquiry shall sit •, and a written or verbal declaration before the court of enquiry, by said adjutants and sergeants^ xotlce of or any other offieer or soldier, shall be sufficient evidence to .such courts of such notices l^itr/andre- and services. And the commanding officers of regiments and battalions, shall, at their respective regimental and battalion musters, take notice of all delinqent officers, an d shall lay the same, together with the returns of delinquencies of the commanding officers of com- panics,, at company, battalion and regimental musters, before the court, of enquiry ap- pointed under this act, to take cognizance*of, and determine on them. And to each of tli£ said returns, shall be annexed the following certificate, to wit:—" I do certify that the return hereunto annexed, contains all the delinquencies which havfe occurred since my last return, having duly examined the same.!' Battalion & regimental Sec. 22. * And he it further enacted, That there shall he battalion courts of enquiry, to be appointed and ordered by the commanding offieer of the battalion, for the assessment vourts ol en- __ 0f gn8s incurred under this act in such battalion, and such courts of enquiry shall be held tpurv, who to x •* jcompose within fifteen days after each battalion muster; at or as near as may be convenient to the place where such battalion muster was held; to consist of the commanding-officer of the how to be go- battalion, and the commanding officers of the companies, or a majority of them ; who shall » This Section amended by act of 1805, No. 214, so far as to authorize the commissioned or hrevetted offi- ce-s of companies.to bold courts of enquiry for the Leering and, determining on all cases of default at company PASSED IN THE YEAH 1S03. 171 counties coin- pose $ regi- ment, the re- Regimental courts of en- take the following oath, to be administered by the presiding officer, and afterwards by any (No. 129.) officer of said court to him, to wit:—« I -will truly and faithfully enquire into all delin- wh„re two quencies which appears on the returns to be laid before me, and will assess such fines or more conn- thereon as may seem just, without favor, partiality or affection; so help me God.5'—The- the re^ment' commanding officer of the battalion shall then layfoefore the said court, all delinqcneies as directed by this act; whereupon they snail proceed and determine. And there shall tion Altered" moreover be held, at least one regimental court of enquiry each year, to be appointed and ordered by the commanding officer of the regiment; to consist of the commanding officer of that when the regiment; and the commanding officers of battalions and companies in such regiment: wo °r m01ft but where the regiment is composed of two or more counties, there shall be a court held in each of said counties by the field officers as aforesaid, f and a majority of the com- gimental court of en* manding officers of companies in such regiment; such regimental courts when convened and qU;ry to be a- qualified as above directed, shall have power to assess fines on all delinquent officers and bollsh as are allowed by law to the militia of the United States. If a sudden iuva„ sion should he made, or an insurrection should happen in any county in this State, the commanding officer of the militia in such county, is hereby authorized and required, to order out the whole, or such part of the militia as he may think necessary, and in such Command- . 4 ... . ing officer of manner as lie may think best, for repelling or surpassing such invasion or insurrection, orde^out^he aild shall call on.the commanding officer of) the adjacentcounty, for such aid as he may ^suddeK* tbink necessary; who shall forthwith, and in like manner furnish the same, and in the vision, event of any militia ordered out by the commanding offiecr of a county, as aforesaid, such officer shall immediately give notice of the same, and the cause thereof, to the com- manding officer of the brigade or division, who shall forthwith report the same to the commander in chief. Major and ^EC* be it further enacted, That major-generals and brigadier-generals, be, brigadier-gen and they .are hereby vested w ith pow er to employ such persons, and contract w ith the ploy "expres- same at any reasonable rate, not exceeding two dollars per day, to ride express for trans- they are to be SUC*A orders as in their judgment maybe for the good of the public service; paid. .Provided, that a day's riding of any express be not less than thirty-live miles, during the necessary time they may be actually engaged in performing such duty, to be paid by the Governor out of the contingent fund, upon their producing a certificate of the gene- Tal officer so employing them. Sec* 2 9, And he it further enacted, Thai the adjutant-general, brigade inspectors and adjutant-gen- adjutants shall he allowed such pay, while In actual service, as shall be expressed in ffispectoSad& each annual appropriation law, and that in case of omission in any of said law s of such adjutants. allowances, the commander in chief, is hereby authorized to pay the same out of the eon- tingent fund at the rate of the pay, subsistence and forage, which officers of their re- spective ranks are allowed when in the service of the United States. The accounts of the Their ac- adjutant-general for the same, being first certified by a major-general or the commander to becertified i® chief; the accounts of the brigade inspectors, by a brigadier general; and those of the adjutants, by a lieutenant-colonel. Sec. 30. Jlnd be it further enacted, That his Excellency the Governor, is hereby authorized to cause a sufficient number of copies of this law, together with the act of Congress, anere effectually to provide for the national defence, by establishing an uni* PASSED IN THE YEAR 1803. 175 form militia throughout the United States, and the act of Congress for calling'forth the (No. 129.) militia to execute the laws of the Union, suppress insurrections and repel invasions, and ^jg0^* of the articles of war, to be printed and distributed throughout the State, so that every tile u stries. . militia laur, S; general and field officer therein, and every brigade inspector, adjutant and captain may the articles of be furnished with one copy each; and his Excellency the Governor i& moreover required plated. 0 and to contract for a sufficient number of copies ©f the rules of discipline prescribed by Congress for tbe troops of the United States, as will furnish the commanding officers of fleers. every company through the State with one coby—all which shall be the property of the company, and: descend to them in the succession of captains as long as they may last. Captains of Sue. 31. And be it further etuicted, That it shall be the duty of every captain or commanding officer of a company, to read or cause to be read, in the hearing of his company whilst on parade, at least such parts of the militia law of this State and of the tia laws to United States, as relate to discipline and the preservation of good order, once in compa- every year. Sec. 32. And be it further enacted, That all militia laws heretofore passed in this State (except such as relate to patroling) be, and the same are hereby repealed. clausef*1*"^ ABRAHAM "JACKSON, Speaker of the House of Representatives♦ DAYID EMANUEL, President of the Senate Assented to, December 10,. 1803- JOHN MILLEDGE, Goveexoh.. AN ACT To authorize certain Commissioners therein named, to define, ascertain and new-mark the Division Lines betiveen the counties of Libert and Franklin the Division Line between the counties of Glynn and Camden ; the Division Line between the counties of Liberty and M'Iniosh, and the Division Line between the counties of Montgomery and- Tattnall. (No. ISO.) HERE AS the lines dividing the counties of Elbert and Franklin, Glynn and Camden, Liberty and M'Intosli, and Montgomery and Tattnall, has never been properly defined and ascertained, and difficulties having already arisen from the want of such ascertainment—For remedy whereof,. * See act of 3806, No. 226, repealing-this act so far as relates to Elbert and Franklin and appointing- ©ther commissioners, and also see act of 1807, No. SOS, repealing all acts on Ibis subject so far as relates to Franklin a- foresaid and appointing- other commissioners. Preamble. ire LAWS OP GEORGIA, Certain com missioners named, to as- (No. 130.) Sec. 1. BE it therefore enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, That Allen Daniel, and Moses Haynes, of the county af Elbert—and Thomas P. Carnes, and James Tittle, of the county of Franklin-—Richard Ward, and William Cone, of the county of Glynn—Nathaniel At- kinson, and John Parish, of the county of Camden—Elijah Lewis, and Elijah Baker# certain and of the county of Liberty—Samuel Jones, and Murdoch M'Leed, of the county of viding^ Unes M'intosh—and Abner Davis, for the county of Montgomery—and James Thomas, for between cer- (}iC county of Tattnall, shall be commissioners for and in behalf of their said several taincou ntics. 47 counties aforesaid, who shall be invested with full power and authority, to define and ascertain the said lines dividing the said several counties, aitd plainly to mark the sinus] which lines, when so ascertained and marked as aforesaid, by the commissioners afore- said, shall be deemed, heldand taken as the true lines of division betw een the saidscve- ral counties. Sec. 2. And be it further enacted, That the Inferior courts of each of the aforesaid counties, shall make compensation for the services rendered by the commissioners ap- Thier com- . „ j>e»sation, pointed tor the respective counties, -out ©i the county funds, who to make. ABRAHAM, JACKSON, Speaker of the House of Representatives-. DAYID EMANUEL, President of the Senate. Assented to, December 10, 1803. JOHN MILLEDGE. Governor .(No. 131.) Preamble AN ACT To declare the approbation and dissent of this State, to ihe amendment of the Constitution of the United States, proposed by Congress, respecting the Election of President and Vice-President, and to confirm and ratify the same on the part of this State. w HERE AS the Congress of the United States, have resolved, two thirds of both houses concurring, that in lieu of the third paragraph of the first section of the second article of the Constitution of the United States, the following be proposed as an amend- ment to the Constitution of the United States, which, when ratified by three-fourths of the Legislatures of the several States, shall he valid to alj intents and purposes as part «f the said constitution, to wit: " The electors shall meet in their respective State*, PASSED IN THE YEAR 1804. 177 and vote by ballot for President and Vice-President, one of whom at least, shall not be an (No. 131.) inhabitant of the same State with themselves. They shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President. And they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each; which list they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate. The President of the Senate shall, in the pre- sence of the Senate and House of Representatives, open all the certificates, and tire votes shall then be counted. The person having the greatest number of votes for Pre- sklent, shall be the President, if such number be a majority of the whole number of electors appointed. And if no person have such majority, then from the persons having the highest numbers, hot exceeding three on the list of those voted for as President.— The House of Representatives shall choose immediately by ballot the President, but in choosing the President, the votes shall be taken by States ; the representation from each State having one vote; a quorum for this purpose, shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. And if the House of Representatives shall not choose a President, whenever the right of choice shall devolve upon them, before the fourth day of March next fol- lowing, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President. The person having the greatest number of votes as Vice-President shall be the Vice-President, if such number be a majority of the whole number of electors appointed. And if no person have a majority, then from the two highest numbers on the lists, the Senate shall choose the Vice-President, a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a ma- jority of the whole number shall be necessary to a choice; but so person constitutionally ineligible to the, office of President, shall he eligible to that of Vice-President of the United States." And \yhcreas, the Senate and House of Representatives of this State " do approve of the said proposed amendment. BE it therefore enacted by the Senate and House of Representatives of the State of Amendment Georgia, in General Assembly met, and it is enacted by the authority of the same, That to tie cr.nsti- the said proposed amendment of the Constitution of the United States, above recited, united states be, and the same is hereby assented and agreed to, confirmed and ratified. ntdU.d.t0 ABRAHAM JACKSON, Speaker of the House of Representatives. DAVID EMANUEL, President of the Senate* Asserted to, May 4, 1804. JOHN MILLED GE, Govsuxoii* irs LAWS OF GEORGIA, (No. 13*.) AN ACT To prevent the insurrection of slave*, and to punish such persons as shall avcite, promottt aid or abet any such insurrection. Shi,, l. it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is enacted by the authority of the same, That from aud after the passing of this act, if any person or persons, shall'raise or attempt or endeavour to raise any insurrection of slaves, or shall counsel, advise, aid or abet any such insurrection, or shall excite, promote, instigate, or stir up or endeavor toexcite, promote, in- stigate, or stir up any such insurrection, every person or persons so offending, shall en convicti- on thereof, he adjudged guilty of felony, and shall sttffer death without benefit of clergy Fer»on» hold- Sec. 2. Andbe it further enacted, That if any person or persons, shall hold any dis- Suri^tend- course or conversation with any slave or slaves, and shall make or deliver, or cause, or jng" ^ excite procure to be made, or delivered to any slave or slaves any discourse, speech, harangu# Burrection or or talk tending to excite such slave or slaves to sedition, tumult or disorder, or write, print, fshed^ancTtf or Publisli any such discourse, speech, harangue or talk; every person or persons so of- ^"the^tate **en(^nS> shall on conviction thereof, be declared guilty of felony, and banished this state thereafter, forever. And if any such person or persons shall at any time after being so convicted and slr*th' banished, return to and be found at large within the limits of this state, he, or they s# returning, shall suffer death without benefit of clergy* ABRAHAM JACKSON, Speaker of the House of Representatives* DAVID EMANUEL, President of the Senate. Assented to, 19th May, 1804. JOHN MILLEDGE, Govebnou. AN ACT (No. 133.) To establish the salary of the Judges of the Superior Courts, and the Attorney and Solid- tors-General of this State. Judges, attor- ___ r.iei and »oli- 5A citon-general I BE it enacted by the Senate and House of Representatives cf the State of Georgia, in saiarj. general Assembly met, That the Judges of the Superior courts of this State, shall receive PASSED IX TIIE YEAR ISO I. ire) for their salary, the sum of fourteen hundred dollars each per annum; and the Attorney (No. 13 *.) and Solicitors-General each, the sum of one hundred and fifty dollars per annum, to be paid quarterly out of any monies which may he in the Treasury at the time the said ■several suras may become due, * ABRAHAM JACKSON, Speaker of the House of Representatives. JARED IRWIN, President of the Senate. Assented to, November 21, 180i. JOHN MILLED GE, Governor. AN ACT* (No. 15 i.) To incorporate the Van it's Creek Baptist Church in Elbert county. q&c. 1. it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, ThatDozier Thorn- ton, John White, Joseph Chipman, Reuben White, junr. Littleton Johnston, Robert bTptistchurch Burk, and John Johnston and their successors in office, shall be and they are hereby de- m~ elared to be a body corporate, and known by the name of the Incorporated Yaim's Creek Baptist Church. Powers of th« Sec. 2. And be it further enacted, That the said Dozier Thornton, John White, Jo- seph Chipman, Reuben White, junr. Littleton Johnston, Robert Burk, and John John- trustees in ston, and their successors in office, shall be invested with all such property, both real and boid proper personal, as shall or may be bestowed on said soeiety or church, by gifts, grants or o- therwise, in trust, for the use and benefit of the said society or church. Bsc, 3. And be it further enacted* That the aforesaid society or church, cr a majority of them, shall at any time they may deem proper, proceed to elect other persons as trus- Trustrei e tees, in room of the aforesaid Dozier Thornton, John White, Joseph Chipman, Reuben lectin. White, junr, Littleton Johnston, Robert Burk, and John Johnston, or either of them, or their successors in office, previously thereto, giving at least thirty day3 notice of such in- tentloa to said society or ehureh. Sac. 4. And be it further enacted, That the aforesaid trustees, and their successors in office, shall be, and they are hereby declared to be a body corporate, and capable of sue- dy P9litic. Declared a bo- * This act repealed by of 1806, No. 236. 180 L.VWS OF GEORGIA, vKo. ISi.) ing and being sued, of pleading and being impleaded, and of using all legal measures for llie recovery and defending any property which the said society or church may have, hokh claim or enjoy. ABRAHAM JACKSON, Speaker of the House of Representatives* JARED IRWIN, President of the Senate. Assented to, November 31, 1804. JOHN MILLED GE* Goveknok, (No. 135.) AN ACT To raise money by Lottery, for the purpose of aiding the funds for erecting a Poor- House and Hospital,* in the City of Savannah, and also to rebuild the Court-Rouse in the county of Chatham, Pi-eamble» HERE AS the building a poor-house and hospital,, in the city of Savannah, as a re- ceptacle for unfortunate poor and distressed persons; and the re-building the court-house, in the county of Chatham, which has been destroyed by the lata violent storm, are objects of much magnitude and greatly merit legislative aid. Lottery al- p ur po of aid Sec. 1. BE it enacted by the Senate and House of Representatives of the State of house funds £ Georgia, in General Assembly met, and by the authority of the same, That a lottery be, rebuildingthe and hereby is allowed and authorized, which said lottery shall be managed and drawn un- court-houseof chtaham der the direction of Edward Telfair, Joseph Clay, senr. Thomas F. Williams, John P. county. "Williamson, and John H.Morell, who are hereby appointed commissioners for that pur- ers appointed pose, and are hereby authorized to adopt such scheme or schemes for the said lottery, as to cam it into effect. they may deem fit, so that the sum of twenty thousand dollars, at least, be raised thereby. Proceeds of aid lottery. Sec. 2. And be it further enacted, That the money arising from said lottery, after de- o»appioprj. ||ie eXpenses attending the same, be and the same is hereby appropriated; one half to, and for the purpose of aiding the fund already established by subscription, in the county of Chatham, for erecting a poor-house and hospital in the city of Savannah, as a re- ceptacle for unfortunate and distressed persons; and the ether half to, and for the purpose of re-building the court-house of said county. * Further aided by act of 1808, No, 340, authorizing the sala of Bethesda college eBvat<\ l'ASSEl) IN THE YEAH 1804. 181 Sec. 3. And be it further enacted, That the commissioners aforesaid, shall, within (No. 135.) sixty days after the drawing of the said lottery is completed, pay over and deliver the pjf^over to sum and sums of money arising from the said lottery, after deducting expenses; one half j^^'J^bove to the trustees already appointed, by a number of persons who have subscribed, for the purposes, purpose of building a poor-liouse in the city of Savannah, to be by them applied in aid of that fund, for that benevolentpurpose; and that the said commissioners hereby appointed to superintend the said lottery, be and are hereby added to the trustees appointed as afore- said, to superintend the building of the said poor-house and hospital; and the other half to be paid and delivered to the commissioners of the court-house, in the county of Chatham to be by them applied to the re-building of the court-house. ABRAHAM JACKSON, Speaker of the House of Representatives, JARED IRWIN, President of the Senate Assented to, November 21, 1804. JOHN MILLEDGE, Goveexos,. AN ACT" To authorize the commissioners of the Academy of Washington county, to dispose of certain-lands. (No. 130.) E it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and by the authority of the same, That the commissioners of the academy of Washington county, their successors in office, or a majority of them, are Commission- hereby fully empowered, to sell or otherwise dispose of, to and for the use and benefit w.shirg on county Hcacle- my authoriz- of the said academy, all and singular the lands or any part thereof, heretofore pureha- sed by virtue of law, by the commissioners of the said seminary, at the sales of revert- ed to s-n cer- ed confiscated property; and the said commissioners in the sale, or other disposition of the said land, shall do the same on the most efficient security, and on such terms and conditions, as may be most conducive to the interest and prosperity of the aforesaid institution. ABRAHAM JACKSON, Speaker of the House of Representatives, JARED IRWIN President of the Senate, Assented to, December 3, 1804. JOHN MILLED GE, Governor, AH ACT To amend an art entitled e< An Act to appoint commissioners, for the tetter regulation and government of the Town of Petersburg." bir. Commission- quire proper** ty for the use of the town & lease or hire HERE AS the powers granted to the commissioners of the town of Petersburg, by the afore recited act, are not sufficiently extensive for carrying into full and complete effect, such regulations as the welfare of said town requires, and whereas disputes bare arisen relative to the commons and limits of said town. Sec. 1. BE it enacted by the Senate and Mouse of Representatives of the State of Georgia, in General Assembly met? and it is enacted by the authority of the same, That ers io havethe the said commissioners shall have power to employ the county surveyor of Elbert, and rdWandUthe7 survey said town, and ascertain and lay out the commons thereunto belonging, commons laid agreeable to the proposals, upon which said town was settled; and cause a correct plat of the same to he made and recorded in the elerk's office of the superior court, for said county. Sec. 2. And be it further enacted, That the said commissioners shall have power, and be capable in law, to purchase, hold and retain to them and their successors in office, to Tliey may ac- the use of the said town, in perpetuity or for any term of years, any estate real or person^ al, also to lease or hire the same for any term not exceeding ten years; and to sue and be sued, implead and be impleaded, and to answer and be answered unto in any court of it out.w* law or equity in this state. Sec. 5. And be it further enacted) That they shall have power to make such by-laws, May make rules and regulations, respecting the streets, publie buildings and taverns, carriages* the laover/°r wag§»ons» ©arts, drays, pumps, buckets, fire-engines, the care ofthepeor, the regula- ment of the tion of disorderly people, negroes, and in general all regulations which they may deem necessary for the welfare and convenience of said town, and for preserving good order therein: Provided they be not repugnant to the constitution and laws of this State. JsYnhict fines Sec. i>. And be it further enacted, That said commissioners shall have power to make •&c *th *aiJy" 9uck assessmeuts ®n tke citizens or persons holding taxable property in said town, as may laws into ef- from time to time appear necessary; to inflict pains and penalties and forfeitures for effen* fcct' ces committed against the by-laws and regulations j to appoint a clerk, treasurer, sheriff, constable, and all other officers (affixing their salaries) that may appear to them neees- sary, for carrying into full effect the by-laws and regulations of said town. ABRAHAM JACKSON, Speaker of the House of Representatives* JARED IRWIN, President of the Senate* Absented to, December $, 180K JOHN MILLEDaE, GoTKJUfo*. PASSED IN THE YE All 180*. is* AN ACT* (No. 1«8.) To authorize the Trustees of the Orphan House or Bethesda College, in the eounty of Chatham. to sell certain unproductive landsf and to reduce the number of Trustees of the said institution* Preamble. zed to Bell certain tracts of laud. IIEREAS it appears by the memorial of the trustees of the orphan house, in the eounty of Chatham, that it is expedient to sell and despose of certain unproductive lands, belonging to the said institution. Sec. 1. BE it therefore enacted by the Senate and House of Representatives of the State of Georgia, and it is enacted, That it shall and may be lawful to, and for the The tru9tecs trustees of the said orphan house or college, or a majority of them, to sell and dispose the of, at public or private sale, the following tracts of land : (that is to say) one thousand ham authori acres in the former parish of St. Patrick, now county of Glynn, situate and being on the south branch of Turtle river, bounded at the time of survey, on all sides by vacant lands; also five hundred acres, in the former parish of St. David, now county of Glynn, hounded to the north east by the Alatamaha river, to the north by a Carolina survey for Ilenry Lawrens, and on every other side by vacant land; and also five hundred acres in the same parish of St. David, and county of Glynn, bounded eastwardly by the Alata- maha, north west by land laid out for Ilenry Monroe, and to the south by land vacant, which said several tracts of land, were granted to the reverend George Whitfield, for the endowment of the said institution, of which he was the founder, and to make and execute good and sufficient titles to the purchaser or purchasers of the said land, in whole or in part, in fee simple or otherwise, as to the said trustees shall seem most ben- eficial and advantageous; and to apply as well the monies arising from such sale or sales, as the rents, issues and profits of those other lands appertaining to the said institution, applied known by the name of Bethesda, Euphrates, Nazareth, Huntingdon, Habersham, or by whatever other name or names such lands may be called or known, to the use, benefit and advantage of the said institution, according to the intention of the founder, and the laws of the State relative thereto. AND WHEREAS from the difficulty of convening & majority of the present trus- tess, it is rendered expedient to reduce the number. Sec. 2. BE it therefore enacted, That the present trustees shall continue and re- main until by death or otherwise, the number shall he reduced to nine, and that in the mean time, a majority of the existing number shall constitute a board, and be competent TruBt?e» re- ° 1 duced in num to do and perform all the business of the said institution. And from and after the reduc- her. tion of the said trustees to the number nine, the said nine or a majority of them, shall • be# act ot i«08, No. 349, directing th« manner iu which this estate shall bjmri»tp. and judb in; and IIipima ,fcLall lie an intendutli and council of the said town ; and they and their successors shall haye perpetual succes- appointed. sion, and be styled and known by the name of the intendant and council of the town of St. Mary's, and shall haye a common seal, and be capable in law to purchase, have,, hold, receive, enjoy, possess and retain to them and their successors, for the use of the said town of St. Mary's, in perpetuity, or for any term of years, any estate or estates, real or personal, messuage, lands, tenements or hereditaments of whatever nature or kind soever, within the limits of the said town; and to sell, alien, exchange or lease the same, or any part thereof, as they shall think properand by the same name to sue and he sued, implead and he impleaded, answer and be answered unto,. in any eourfc of law or equity in this State.. And they shall also be vested with full power and author To make rity from time to time, under their common seal, to make and establish such bye-laws, bye-laws. rules and ordinances respecting the harbor,. streets and public buildings, workhouses, markets,, wharves, public houses, carriages, waggons, carts, drays, pumps, buckets^ hre engines, the care of the poor, appoint a harbor master and health officer, the regu- Nation of disorderly people, negroes, and. in general, every other by-law or regulation that shall appear to them requisite and necessary for the security,. welfare, convenience and advantage of the said town, or for preserving order and good government within the same, and the said intendant and council shall also be vested with full power and aulho- rity to make such assessments. on the inhabitants of the said town, or those who hold taxable property within the same,, for the safety, benefit, convenience and advantage of the said town, as shall appear to them expedient: Provided, that the tax or assessments so Mav impose leived by the said intendant and council, within their said jurisdiction does not exceed the taxes & fines, ordinary taxes of this State as regards slaves, &to affix & levy fines for all offences committed against the byc-law s of the said town j and they, are hereby authorized to appoint a clerks Intendant & council to be Tlieir duties & privileges. PASSED IN THE TEAR 1804, 187 treasurer, health officer, commissioners of pilotage, fire masters, marshals, constables, (No, 142.) and ail such other officers (affixing the salaries and fees of such officers respectively) as shall appear to them requisite and necessary for carrying into effectual execution all the bye-laws, rules and ordinances they may make for the good order and government of the said town, and the persons residing therein j Provided, that nothing herein contained shall author'/e the said intendant and council, to make any bye-laws repugnant to the constitu- lion or laws of the land: JLnd provided also, that the bye-laws rules and ordinances tliey may make, shall at all times he subject to the revisal, alteration or repeal of the legislature. Sec. 2. Be it fitrthet enacted, That any two justices of the peace for the county of Camden, shall, without loss of time, after the passing of this act, and on the second Monday in October, annually thereafter, give ten days public notice in two or more pub- lie places in the said town of Saint Mary, that five members are to be chosen to consti- tute the council of the said town, and which said five members of the council shall have the same qualifications as members of the State Legislature, and also the qualifications of electors f ancT tnaruil fTeff while persons being citizens of the United States, and re- siding six months within the said town, and having a freehold or lease for years of a lot therein as aforesaid, shall he entitled to vote for five members, to form the council afore- said; and they shall also notify the time and place, when and where the election is to be held, and shall superintend the same, or appoint proper persons so to do ; and the superintendants, when the election is closed, shall give notice to the several persons of their appointments respectively, and summon them to meet together at any time and place with, in three days after their election, for the purpose of taking the cath of office prescribed by law, which oath may be administered by any justice of the peace, or by one of the members so chosen, to another ; provided three be present at the time of administering the same, and shall be in the words following" I, A. B. do solemnly swear, that I will to the utmost of my power, support, advance, protect and defend the good order, peace and welfare of the town of Saint Mary, and its inhabitants ; and will faithfully demean myself in the office of intendant (or member of the council as the ease may he) for the town of St. Mary, according the laws and regulations thereof, to the best of my skill and judgment; and that I will support the-constitution of this State, and the con- stitution of the United States.^ Sec. 3. Be it further enacted, That when three or more of the said members shall have met and qualified as aforesaid, they shall within three days thereafter, call a meet- The intendant A ^ ^ Low . ppoint- ing of the said members, and elect from their own body, (the concurrence of three being ed, h.- luty necessary to a choice) an intendant of the said town ; and the said intendant, or in case the^ouncil." of his absence or disability, any two of the members, shall and may, as often as occasion may require, summon the members to meet together in council, any two of whom with the intendant, or any three, shall be competent to proceed to business. And should a vacancy happen by death, resignation or otherwise, it shall be filled by the people, Who are to be notified thereof, ten days previous to the election. * See aeknf IROft. No. OAR. exclaiming" this section. The numbei* of council and how appoints ed. to take an oath. Oath. £88 LAWS OF GEORGIA, Wo, 142.) Sec. 4. And be it further enacted, That tlie intendant and members of the said council, shall each of them have full power and authority, and they are hereby required tie^o'f 'theln- to keep Pcace and good order within the said town, to issue warrants, and cause all of- te«dant and fenders to be brought before them, and on examination, either to release, admit to bail, if the offence be bailable, or commit to the custody of the sheriff of the county of Cam- Vested with den, who is hereby authorized and commanded to receive the same, and the same to keep a justice8 of *n safe custody until discharged by due course of law; and the said intendant, and every said town m ineiTl^ers ike said council, for the time being, shall be vested with all the pow- ers and authorities that justices of the peace are vested with by the laws of this State, Shall be a and shall and may exercise the same in every part of the said town for the preservation Gourt Sc shall » have cogniz- of the peace and good order thereof. ance of cases not exceeding £9 dollars. Sec. 5. Jlnd be it further enacted, That it shall and may he lawful for the said intendant, or in his absence, any three of the eouncil, and they are hereby empowered at any time after the passing of this act, to hold courts once in every month throughout the year, to appoint such oifioora they may tliink ntfvjcsa&irjy «ri.l to »ottI© ainl allow reasonable fees, not exceeding one half the fees allowed for like services in the inferior App al 1 cour*s cognizaWe therein, and to have jurisdiction of, and to hear and determine all civil lowed. causes not involving the right or title to any land or real estate arising within the juris- diction of the corporation, so as the demand in such suit or aetion does not exceed the sum of fifty dollars; and to give judgment and award execution therein according to law: Provided, That if any party to a suit, shall feel him, her or themselves aggrieved May hold to by the decision of the said courts, it shall and may be lawful for suck parly to e It an aPPea^ wkhin three days after such trial, first paying all costs which may have accrued on sueh trial, and giving sufficient security to abide and perform vke sentence ofthe court at the trial of the appeal; and all appeals from the dcci-hj of iho said courts, shall be tried at the next succeeding court day after such trial iy a jury of twelve men, whose verdict shall be iliiaL Sec. 6. And be it further enacted, That the ftahlirdendant and council, shall have the like power and autliorityto hold to bail for debts within their jurisdiction, and under like restrictions as pointed out for the superior an J inferior courts ; and shall have power to draw and impannel jurors for the trial of appeal", who shall be resident within their jurisdiction, and shall be qualified and liable to serve as petit 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 manner such as they may think proper, notoxceeding half the fines for non-attendance on inferior courts of this State; and shall have power to award execu- tion for such fines, and cause the goods of the persons so incurring such fines, to be soli by virtue thereof. PASSED IN THE YEAR 1304. J...1-"'"1 " . ■" ■, . " vy:.,".,,.r1,-. _— Sec. 7. And be it further enacted, That ilie said iatendant and council, shall in all Judicial proceedings haye reference to, and be governed by the laws in 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 person necessarily going to, being at, or returning therefrom, shall be free of arrest on any civil suit. Sec. 8. And be it further enacted, That the said intendant and council, are hereby authorized and empowered to use the jail now erected in the town of St. Mary% as a place of confinement for persons offending against the laws of said corporation, and also to employ the present court-house in said town, in such way as they may see fit. Sac. 0. And be it further enacted^ That the said intendant and council are hereby authorized and required to appoint a board of commissioners of pilotage for the port and ^mi^Fon"* district of St. Mary, and also, to appoint any number of pilots they may see fit for the same ; and to prescribe and establish any such rules and regulations, as they may deem ©xpodlpnt tlierp.farp.wliioli «n/l r©gj*il«.tl el»all l>*» binding on all pilots, and those that act under them, any law to the contrary notwithstanding.* ABRAHAM JACKSON, Speaker of the House of Representatives. JARED IRWIN, President of the Senate. Assented to, December 10, 1804. JOHN MILLED GE, GovBsaxoit. (No. 142.) Are a court ofrecord, per- sonsattending- therein free from arrest. May have the benefit of the court house & jail of St. Ma» ry's. AN ACT (No* li30 Appointing commissioners for ascertaining and fixing the dividing line, between this J State and the State of North-Carolina. HEREAS by an act of the legislature of South-Carolina, passed the eighth day of March, in the year one thousand seven hundred and eighty-seven, certain delegates were Preamble, fully authorized to assign over to the United States, all that tract of territory within the chartered limits of the said State; lying and being whhin the boundaries and lines here- inafter described, that is to say : all the territory or tract of country, included within the river Mississippi, and a line beginning at that part of the said river Mississippi, * See act also of 1806, No. 248, explaining this xeetiom 190 LAWS OF GEORGIA; (No., 143.) -which is intersected by the southern boundary line of North-Carolina, and continuing along the said boundary line until it shall inierseet a ridge or chain of mountains, which divides the eastern from the western waters, thence along the said ridge of mountains to where it intersects a line to be drawn due west from the head of the southern branch of Tugalo river-to the said mountains, and thence to run a due west course to the river Mississippi. And w hereas, the United States did accept of a deed of cession, executed by the said delegates in due form, on the seventh day of August, in the year of our Lord., one thousand seven hundred and eighty-seven. And whereas, it also appears, that previous to the date of the aforesaid deed of ees- sion, that is to say: in the year of our Lord, one thousand seven hundred and seventy- two, the Governors of the then provinces of North and South-Carolina, by virtue of an order of George the third, King of Great-Britain, appointed commissioners to alter the Rne between the two provinoe»_a£M?eflairb~ru>w state® of North and South-Car on the part and behalf of this (No. Ii3.) State, should be appointed to meet any commissioners which may hereafter be appointed Jby the State of North-Carolina, for the purpose of marking more plainly the line in every part designating the county of Walton* BE it therefore enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and by the authority of the same, That his Excellency appolnt^om0- the Governor be, and he is hereby authorized and required to appoint two or more lit ^ and proper persons, as commissioners on the part and behalf of this State, with full certain & de« and competent power to meet any two or more commissioners that may be appointed by hS of ml- the State of North-Carolina, for the purpose of designating more plainly and clearly the lines of the aforesaid county of Walton. ABRAHAM JACKSON, Speaker of the House of Representatives* JAIIED IRWIN, President of the Senate» Assented to, ilecember 10, 1804. JOHN MILLED GE, Governor ton county. ANACIV /NT Mf*X (No. 144. J To afford aid to Ebenezer Jenckes, and to amend An Act, « entitled « An Act, to autho- rixe Ebenezer Jenckes to establish a Toll on the Jfewington road, between Joshua' Loper's in the county of Effingham, and the city of Savannah.9? HERE AS the completing the repair of the road called the Newington road, will he Preamble, productive of great public utility :—And whereas Ebenezer Jenckes hath in pursuance of the act above mentioned, made great progress in repairing the said road, but hath by petition represented, that from various causes he is rendered unable to complete the same,* and haftb prayed the aid of the legislature-And whereas, it is expedient to alford assist tancc to the said Ebenezer Jenckes for completing the repairs of the said road. Sec. 1. BE it therfore enacted, That the said Ebenezer Jenckes, shall as soon as con- veniently may be, after the passing of this act, enter into bond to the commissioners na- med in the act a foresaid, or to their successors in office, with two sufficient sureties,in tlier 193 LAWS OF GEORGIA, (JSo. lii.) sum of ten thousand dollars, conditioned to put the said road in good order and repair, according to the aet aforesaid, within the term of two years ^om the date of the said bond, and to keep the same in repair, and he answerable for i t juries or damages that may accrue or happen, by reason or means of the badness or want of repair of the said road, during the term granted him by the said act; and in default of putting the said road into complete repair within the said two years, thentliesa.ii bond shall become for- feited, and the said Ebenezer Jenckes shall also lose all claim to the benefits and adyantar- ges allowed him fey this, and the act aforesaid,. E. Jescki s bound to have his road in good repair & and comple- ted in terms of the afore- said law in two years. Sec. 2. *lml be it further enacted, That so soon as the said Ebenezer Jenckes shall Shall have a ^ certain toll have entered into such bond, as aforesaid, the commissioners shall permit and suffer the ted^and^per- said Ebenezer Jenckes, his executors, administrators, or assigns, to erect and put up a *eqt a'gate e* to11 ^ tlie said Ebenezer Jenckes shall, after erecting the said gate, be enti- tied to demand and receive the following toll until such time as he shall put the said: road into complete repair as aforesaid,. For every four wheeled pleasure carriage, - Eighty-seven and a half cents. For every two wheeled do. . - Fortytliree and Three quarter cents. For every waggon and team, - - - - - Twenty-five cents. For every cart and three horses, - - - - Eighteen and three quarter cents,. For every cart and. two horses,. ----- Twelve and an half cents. For every cart and one horse, - - - - - Six and a quarter cents. For every rolling: hogshead of Tobacco,. - - Twelve and a half cents. For every man and horse, ------ Six and a quarter cents,. For all black cattle and horses, per head,. - One cent,. Sec. 3. Andbe it f urther enacted, That whenever the said commissioners, or their' the^toilafter successors, shall declare the said road is completely repaired,, according to the first section' comple- 0f the act aforesaid, it shall be lawful for the said Ebenezer Jenckes, his executors,, administrators or assigns, from thenceforth to demand and receive toll at the follow* ing rates,. For every four wheelfed pleasure carriage,. - One dollar, For every two wheeled ditto - - Fifty cents,. For every wuggonand team, ------ Forty-three and three quarter cents. For every cart and three horses,, - - - - Twenty-five cents. For every cart and two horses, - - - - - Eighteen and three quarter cents,. For every cart and one horse, Twelve and an half eents. For every rolling hogshead of Tobacco, - - Eighteen and three quarter cents* For every man and horse, ------ Twelve and an half cents. For all black cattle and horses, per head, - One and an half cents, .iD-IN THE YEAR 1801. 103 Sfc. 4. And he it further enacted, Tha* such parts of (he above mentioned act, as is (No. lik) contrary hereto, he, and the same are hereby repealed.* ABRAHAM JACKSON, Speaker of the House of representatives* J ARE!) IRAVIN, President of the Senate. Assented to, December 10, 1804. JOHN MILLED GE, Governor. ANACTf To amend An Act, entitled *< An Act to carry into effect the sixth section of the fourth article of the Constitution, touching the distribution of intestate estates, di- recting the manwer of granting letters of Administration, letters Testamentary, and passed the 23d day of December, 1789. (No. 145.) Sec. 1. in* -g ^ enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That when any person holding real or personal estate, shall depart this life intestate, 0f duSbut^ the said estate, real and personal, shall be considered as altogether of the same nature, Lates' and upon the same footing, so that in case of there being a widow and child, or children, they shall draw equal shares thereof, unless the widow shall prefer her dower, in which event, she shall have nothing further out of the real estate, lhan such dower ; hut 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 in their place and stead; in case of there being a widow and no child, or children, or representa- live of children, then the widow shall draw a moiety of the estate, and the other inoiety shall go to the next of kin, in equal degree, and their representatives; if no widow, the the whole shall go to the child, or children; if neither 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; hut no representation shall be admitted among collaterals, further than the child or children of the intestate's brothers and sist- ers. If the father or mother be alive, and a child dies intestate, and without issue, * See act of 1S08, No. 352, amendatory of this act. See a;.t of 1305, No. 133, altering and amending certain parts of this ad, A 2 LAW S OF GEORGIA, (Wo. <45.) such fatheror mother, in ease the father be dead, and not otherwise, shall come in on the same footing as a brot her or sister would do: 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 without issue, but the estate of such child shall go to, and be vested in the next of kin, on the side of the father: And provided also, 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 vested in like manner in the next of kin on the father's side. And in case a person dying without issue, leaving brothers or sisters, of the whole and half blood, then the brothers and sisters of the whole blood and the half blood in the paternal line only, shall inherit equally 5 but if there shall be no brother or sister, or issue of brother or sister of the whole or half blood in the pater- joal line, then those of the half blood, and their issue in the maternal line shall inherit. The next of the kin shall be investigated by the following rules of consanguinity, viz : children shall be nearest parents, brothers and sisters shall be equal in respect to distri- bution, and cousins shall be next to them. clavSepealin& Sec, 2. And be it further enacted, That so much of the above recited aet, asisrepug- nant to this act, shall be, and is hereby repealed. ABRAHAM JACKSON, Speaker of the House of Representatives« •JARED IRWIN, President of the Senate. Assented to, December 12,1804. JOHN MILLED GE, Goyerxob. * (No. 146.) AN ACT To compel trespassers on the lands south of the Oconee, lately ceded by the Creek Indi* ans, to return within the settled limits of the State. Sec. 1. 1E it enacted by the Senate and House of Representatives of the State of on th® land Georgia, in General Assembly met, That from and after the passing of this act, it shall Oconee't.^e be the duV of llis Excellency the Governor to issue his proclamation, commanding all recalled. persons who have trespassed on the lands south of the Oconee, lately acquired by cession from the Creek Indians, to return forthwith within the jurisdictional limits of the State, and forbidding all further trespasses. PASSED EST TIIE TEAR lsei. 195 Sec. 3. And be it further enacted by the authority aforesaid, That in case of refusal to obey the mandate of the said proclamation, it shall then become the duty of the Governor to obtain accurate returns of all persons persisting so to refuse, and which shall be authenticated under the hand of the commanding officers of the militia of the county which may border the district wherein such trespassers reside, and be made on the oath of two or more respectable men, employed from the county adjoining such dis- tricts for the purpose of obtaining them, who shall each be allowed the sum of twelve and an half cents- for each so returned as aforesaid.. Sue. 5. An&Jie it further enacted by the authority aforesaid, That such returns shall be made a file of in the office of the Executive, and shall operate completely to exclude the parties so persisting to refuse, from all interest in the lottery contemplated* and forever bar the issuing any grant to either of thenj, for any part of the lands included in either cession: Provided always, That if any or either of the said trespasser or tres- passers shall deny the fact of their having so trespassed as aforesaid, they shall be enti, tied to a trial hyjury as to the fact of such trespass, on filing such denial in the Execu- tiye office within six months after such returns as soon as the counties in which such tres- pass or trespasses was committed, shall be organized: Provided, That the informer shall in all cases notify in writing, the person or persons so returned.^ Sec. 4. And be it further enacted, That all persons from any other State who have- trespassed as aforesaid, and who shall not abide by the proclamation directed by this act Foreigners to be compel- to be issued by his Excellency the Governor, shall be considered as standing .in defiance led to return of the laws of this State,. and his Excellency the Governor shall order out a military by forcSi force compelling such intruders to return. ABRAHAM JACKSON, Speaker of the House of Representatives*- JARED IRWIN, President of the Senate» Assented to,.December 12, 1804.. JOHN MILLEDGE, Goveexoe. (No. 146.) In eaflrs of refusal to be ascertained wl o they are Penalty for refuing t« re- turn. * fciee act of 13U5, isTo. 193, repealing this section. ii)G LAWS OF GEORGIA, Preamble. (No. 147.) AN ACT For the relief of James Jackson. HEREAS James Jackson at the sales of confiscated property at Savannah, in the month of August, one thousand seven hundred and eighty-five, purchased of the com- missioners thereof, two tracts of land, of five hundred acres each, situated, lying and being in th.e county of Glynn, originally granted to, and belonging to George Kineaid, a person named in the act of confiscation; and it appears by sufficient documents that only one five hundred acre tract was granted the said George Kineaid, in the said county; but that there is a traet of five hundred and fifty acres, part of a tract of eleven hundred and fifty acres granted the said George, under a Carolina grant, dated the seventeenth day of June, one thousand seven hundred and sixty-three, bounded northw estwardly on land surveyed for Susannah Bee, to the northeastward on land surveyed for Captain John North, to the southwestw ard by land surveyed for William Main, and part for Paul Per- cher, and to the southeastward on land surveyed by Cornelius Dupont, and part on vacant land; six hundred acres of which were conveyed by deeds of lease and release by the said George, vlated the twelfth and thirteenth days of May, one thousand seven bun- dred and sixty seven, to one Daniel Blake, as appears of record in the Secretary's office, leaving the said surplus of five hundred and fifty acres, still the property of the said George, and liable to confiscation and sale; and which tract it is reasonable to conclude the said commissioners intended to sell 5 and as the said James Jackson has paid taxes for two five hundred acre tracts, ever since the time of purchase BE it enacted by the Senate and House of Representatives of the Slate of Georgia in son confirmed General Assembly met9 That the said tract of five bundled and fifty acres, part of the land purchas- said Carolina grant to George Kineaid, containing eleven hundred and fifty acres, be, of confiscated aB<* is hereby confirmed and vested, absolutely and amply in the said James Jackson,, property be- his heirs, and assigns forever, as fully to ali intents and purposes, as if the said five hun- dred and fifty acres had been included in the titles of the con ndssioners of confiscated estates to him, dated the twenty-sixth day of August, in they ear ©f cur Laid, one thou- sand seven limmed and eighty-five :—Provided, That should any other five bandied a»-re tract, the property of the said George, liable to eenfiseatiim, Le hereafter found, that the said James, his heirs and assigns, shall he, and hereby ai e precluded from any claim to the same, or any part thereof:—And provided also, That the said tiaet of five hun- dred and fifty aeirs of land, shall not have been conveyed by the said George Kineaid, before the passing the said act of confiscation. ABRAHAM JACKSON, Speaker of the House of Representatives. JA11ED President of Ihc Senate. Assented to, Dei ember 12, 190-i. J (TIN (TILLED GE, Gov iwxub. James Jack- 1 mging1 to t! co. Kineaid PASSED IX THE YEAR ISOi. ±07 AN ACT (No. 148.) To cede to the United States, jurisdiction over four acres of land, on the southern extrem- ity of St. Simon's island, and six acres of land, on the southern extremity of Cumberland island, for the purpose of erecting light houses. Sec. 1. BE it enacted by the■ Senate and House of Representatives of the State of Georgia, in General Jlssembly met, That from and immediately after the passing of this Jurisdiction act, the jurisdiction to and over four acres of land, in the southern extremity of St. Si- to the u. s. in mon's island, in the county of Glynn, ceded to the United States, for the purpose of erecting a light house, in and for the port of Brunswick, be and the same is hereby vest- tight house? ed in the said United States of America: Provided, that the said United States shall erect a light house on the same. Sec. 2, And be it further enacted, That jurisdiction to and over six acres of land, on in Camden the southern extremity of Cumberland island, in the county cf Camden, ceded to the p^p^e Same United States, for the purpose of erecting a light house in and for the port of St. Mary's, be and the same is hereby vested in the United Stales: Provided, That the said United States shall erect a light house on the same. ABRAHAM JACKSON, Speaker of the House of Representatives, JARED IRWIN, President of the Senate* Assented to, December 10, 1804. JOHN MILLEDGE, Governor AN .ACT- (No. 149.) To amend an act, entitled "An Act to make permanent tlicroad on the north side of Great (Jgcchee river, from the place where it leaves the rood leading from L ouisvilU to Savan- mail, to the toll, bridge over Ggechce•" passed the 10th December, 1803^ CFr 4 ' ' j£> E it therefore enacted by the Senate and House of Representatives of the State of Commission- . , , , , , , , , J J ers appointed. Georgia, in General Assembly met, and by tnt authority of the same, That the following persons be, and they are hereby upborn cd tcmiinissioxiers for that part of the aforesaid road, leading through the county of Ehi ngham, viz : Joshua Leper, Curtis Loper, and John LAWS OF GEORGIA, (No. li'J-) Powers ; and for (hat part leading'through the county of Chatham, John WToolf, Willi- Bridges and Richard Sanderlm. who li. Me Sec. 2. „?wd be it f urther enacted by the authority aforesaid, That all the white to -voik on males, and slaves liable to work on the public road, within three miles cf the said road, s.iid road. y from Joshua Lopcr's to the place where it intersects the main public road, leading from Savannah to Gunn's bridge, on Ogecliee, shall be liable to work on said road, under such regulations and restrictions as the road law in force in the above mentioned counties shall require., 5th section Sec* 3. And be it further enacted by the authority aforesaid, That the fifth section of." pealc4,aCt rS" before recited act, shall be, and the same thereby repealed.. ABRAHAM JACKSON, Speaker of the House of Representative JARED IRWIN, President of the Senate Assented to, December 12, 180&,. JOHN MILLED GE, Governob*. AN ACT (No. ISO.) To authorize Henry West to erect a mill on Little river*. BE it enacted by the Senate and House of Representatives of the Stale o f Henry West Georgia, in General Assembly met, and by the authority of the same, That it shall onLittlJrhsr be lawful for Henry West, of Lincoln county, to erect a mill on Little river, at liis mill seat, above Gorley's bridge on said river: Provided nevertheless, that the same does not interfere with the right ©f any other person. ABRAHAM JACKSON, Speaker of the House of Representatives. JARED IRWIN, President of the Senate. .Assented to, December 12, 1804. JOHN MILLEDGE, GovEnifojy, PASSED IN THE STEAK 1801. AN ACT (No. 131.) To rest certain pozvers in the justices of the inferior court of Franklin county. BE it enacted by the Senate and House of Representatives of the Slate of Georgia, in General Assembly met, and it is hereby enacted by the authority of court of the same. That the justices of the inferior court of the county of FrankJin, are hereby county'antiio- fully authorized to purchase any bridge or bridges in said county, that have been erected plfivatc biid by private individuals over any water course that they may deem necessary to establish cs in said as public bridges, any law to the contrary notwithstanding. ABRAHAM JACKSON, Seaker of the House of Representatives. JARED IRWIN, President >of the Senate. Assented to, December 12, 1804. JOHN MILLEDGE, Governor. AN ACT (N®- 15S!-) To alter and amend an act, entitled, " An Act to revise, amend and consolidate the sev- eiud militia laws of this State, and to adapt the same to the Act of the Congress of the United Statespassed at Louisville, on the tenth day of December, eighteen hun- dred and three> Sec.I. jq| jj, enaef€ji iy fjie Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted, That so much of the above mentioned act, as courts of en. Invests battalion courts of enquiry, with power and authority to try and impose fines on company5 de°- delinquents and defaulters, at company musters, be, and the same is hereby repealed:— pm re" and in lieu thereof, the commissioned or breveted officers belonging to each respective pany courts of company of militia within this State, or a majority of them, be, and they are hereby pomtS inP" vested with full power and authority to hear and determine in all cases of delinquency ^nnerof s>t or default, which may in future happen at said company musters ; and impose such fines ting?, for delinquency or default, as is directed and prescribed by the said act; which fines when bo imposed, shall be levied and collected by warrant, under the hands and seals of the officers present at the said company court of enquiry, or a majority of them, and di- LVWS OF GEORGIA, (No. 152.) rcctetl to a sergeant of sjich company, whose duty it shall he to collect th^ same, in the same way and manner as is directed by tae aforesaid act, where constables are required to levy and collect fines; and where fines are collected by the sergeants under this act, they are hereby required to pay over tine same into the hands of the pay-master of the regiment, to which they respectively bc'mg,; and also make a return of the warrant to the captain or commanding officer of the company, within thirty days after receiving the same, ahd shall be entitled to receive as a compensation for said service, the same fees as is allowed by said act, to constables for performing the like duty. And the said company courts of enquiry, shall be held at the usual muster ground in each captain's district, within fifteen days after each and every muster of such company; and the delinquents and defaulters shall in all cases be notified thereof, by a sergeant of such company, at least five days previous to the meeting of such court. And it shall be the duty of the captain or commanding officer of each respective company, annually, to lay a fair and correct return or statement in writing, of all proceedings had in the said company courts of enquiry, during the year prior to making such return, before the battalion court of enquiry, to which such company belongs, and in case of such refusal or neglect, the said captain or commanding officer of such company, shall be fined at the discretion of the said battalion court of enquiry, in a sum not exceeding twenty dollars. (No. iss.) ABRAHAM JACKSON, Speaker of the House of Representatives* JARED IRWIN, President of the Senate, Assented to, December 12, 1804. JOHN MILLED GE, GOVEUXOE. AN ACT To secure to John Real, for the term of ten years, the sole and exclusive right of running a line of Stage Carriages, between the city of Augusta, and the town of Washington in Wilkes county, and the town of Petersburg in Elbert county ; and to secure to James Gaffney and Lewis Calffrey, their heirs and assigns, the sole and exclusive right of run- ning a line of Stage Carriages9 between the cities (f Savannah and Augusta, for the John Beta term of live years, allowed ex- J v clusively to stages ^be- EC* jQ? E it enacted by the Senate and House of Representatives of the Stale of ta^WMhing" Georgia in General Assembly met, and by the authority of the same, That John Btal, ton and Pe- his heirs and assigns, shall have the sole and exclusive right of running a line of Stage tersburgh. ° PASSED IN THE YE All ISOi. 201 Carriages for th© conveyance of passengers and their baggage, between the city of (No. 153.) Augusta and the to.vn of Washington in Wilkes county, and the town of Peters- burg in Elbert county, for the term of ten years, to commence the first day of March, which will be in the year of our Lord, one thousand eight hundred and live. Sec. 2. his Excellency the Governor for.the running of stages for the aforesaid term. Ax© whereas the exclusive right to run a line of stage carriages for the conveyance ©f passengers and their baggage, between the city of Savannah and city of Augusta, was by law vested in Nathaniel Twining, Thomas Davis and Joseph Grant, for the term, of ten years, which term will expire on the first day of October, one thousand eight hundred and six, and which exclusive right hath been transferred to James Gafihey and Lewis Calflrey, the present proprietors of the same j who have petitioned the present legislature for the exclusive right of running the said line of stage carriages, between the aforesaid cities of Savannah and Augusta, to be extended to them for the further term - of five yearsj to commence from the first day of October, one thousand eight hundred- and six. ' Xo peia. i under certain pains 10 inn , Stagelietweun said pla.643. ProvLn. Proviso- Sec. 3. Be it therefore enacted by the authority aforesaid, That the said James Gaff-' The ney and Lewis Calfirey, their heirs and assigns, shall have the sole and exclusive right right given to of running, a line of stage carriages, for the conveyance of passengers and ther baggage, ctlffSy bT-d between the city of Savannah and the city of Augusta, for the term of five years j to com- tween Angnr- mence on the first day of October one thousand eight hundred and six. Sec. 4. JLnd be it enacted, That if any-person or persons shall within the said term, ■ presume to run any stage carriage or carriages in any manner, for fare or hire, between B2v LAWS OF GEORGIA, (No, 155.) the places aforesaid, without the consent or concurrence of the said James Gaffney and All peisons Kewis CuIffVey, under their hands and seals first obtained, every such person or persons under^ceruiri g0 offending, shall forfeit and pay to the said James GafFney and Lewis Calffrcy, their Infringing-1 heirs and assigns, double the amount of the sum demanded or received by the said person cud right. or pC1.sonSj for the carriage or conveyance of any person or persons, to or from any part or place within the limits of the said city of Savannah and city'of Au- gusta, comprehending all the different routs between the same, to be recovered by the said James Gaffoey and Lewis Calffiey, or their legal representatives, by action of debt before any magistrate or court having cognizance thereof:—Provided, that the said James Gaffney and Lewis CalfFrey do give bond in the sum of two thousand five hundred dollars, w ith good and sufficient security, to his excellency the governor,- for the running of stages for the aforesaid term.. ABRAHAM JACKSON, Speaker of the House of representatives* JARED IRWIN, President of the Senate.. Assented to, December 12, 180L JOHN MILLED GE, Governor. (No. 13i.) AN ACT To divorce Martha Dickson and Mien Dickson, her husband; William Guirey and Mar- tha G. Gnirei/, his wife; Jlumphrci) Tomkins and Susannah Tomkins, his wife; Bar- bar a Goodwin and Daniel Goodwin, her husband ; William Simmons and Fanny Sim- mnns, his wife; William llobgood and Milly Hobgdod, his wife; William Patrick and Jemima Palrick, his wife, and Mark Smallwood and Mary Smallwood, his wife. "W HEEEAS the pai ties in the above recited eases have had a trial in the superior court, and verdicts liath been, obtained authorizing divorces. Preamble. Mn-tha Dick- ®EC*it enacted by the Senate and House of Representatives of the State of Geor- son and her gia, in General Assembly wiehThat from and after the passing of this art, the matrionial vnrced. connexion of marriage between the said Martha Dickson, formerly Martha Burundi, ami Allen Dickson, her hushaud. shall be, and is hereby declared completely annulled to all intents and purposes, as if no such contract had ever heretofore been made or en- teredhito between them. PASSED inr TIIE YEAR ISOi. #03 $ec. 2. And he it further enacted, That the said Martha Dickson is hereby declared (No. iBi.) a feme sole,, and shall not in future he allowed, on any pretence whoever, t > charge sill or otherwise dispose of certain land appertaining to the people called Quaker?, ec. ±. & ^ g .. macie£ py uie genate and j{0U8e qf Represenlatatives of the State of Geof- gia, in General Assembly met, and by the authority of the same, That from and after the aQua]^^f passing of this act, it shall and may be lawful for the aforesaid people, who are quali- tecs, jfied to vote for members of the legislature, to vote for three fit and discreet persons of their own body, as trustees, in such manner and at sueh time and place as a majority of the said voters may think proper, who shall continue in office for the term of one year, and shall be vested with all the powers as was vested in the trustees appointed under said act. Sec. And be it further enacted, That any thing contained in the before recited act, 'militating against this act, shall be, and the same is hereby repealed. 'Repealing / ABRAHAM JACKSON, Speaker of the House of Representatives* JARED IRWIN, President of the Senate. Assented to, December ±2, 180k JOHN MILLED GE, Governor clause. AN ACT Reincorporate the Georgia Medical Society. 1*57) HERE AS Noble Wimberly Jones, President—John Irvine, Vice-President—John ^Grimes, Secretary—Lemuel Kolloek, Treasurer—John Cumming, James Ew ell, Moses * Sheftall, Joshua E. White, William Parker, Thomas Schley, George Jones, George ^d'^stees Vinson Proctor, Henry Bourquin, Thomas Young, jur. Peter Ward, William Coeke, named' James Glenn, and Nicholas S. Bayard, have by their petition represented, that they liave associated in the city of Savannah, under the style and name of The Georgia Medi- cal Society, for the purpose of lessening the fatality induced by climate and incidental ■causes, and improving the science of medicine.^Aitd in order to ensure and establish LAWS OF GEORGIA/ (No, 157*) their said institution in a permanent and effectual manner, so that the benevolent and de- sirable objects thereof, may be executed with success and advantage, have prayed the legislature to grant them an act of incorporation, i Trrsiecs in- Sec» BE it enacted by the Senate and House of Representatives of the State of Uk-h-' TiJ & Georgia in General Assembly met, and by the authority of the same, it is hereby enacted, aiinv-eci" to That the several persons herein before named, and others who are, or may become mem- EvX bj< hers of the said society respectively, the officers and members thereof, and their sueees- sors, shall he, and they are hereby declared to he a body corporate, in name and deed, by the style and denomination of « The Georgia Medical Societyand by the said name and style, shall have perpetual succession of officers and members, and a common seal to use; and shall have power and authority to make, alter, amend and change such bye- laws as may lie agreed on by the members of the same:—Provided such bye-laws be not repugnant to the laws or the constitution of this State or the United State s, Proviso. Sec. 2. And be it further enacted. That they shall have full power and authority iiegesfi? jjow" lin^er style and name of the Georgia Medical Society, to sue for in the name of their ei's. President and Yiee-President, for the time being, and recover all such sum or sums of money, as now are, or hereafter may become due the said society, by any name or style whatever, in any court of law, or at any tribunal having jurisdiction thereof; and the rights and privileges of the said society in any court, or at any tribunal whatever, to defend and also to receive, take and apply such bequests or donations as may he made, to, and for the uses and purposes intended by the said society ,* and shall be, and arc hereby de- clared to he vested with all the powers and advantages, privileges and immunities of an association or society of people incorporated, for the purposes and intentions of their said association. Sec. 3. And be it further enacted, That this act shall he, and is hereby declared to ba This act de clared a pub- deemed and considered a public act, to all intents and purposes whatever, lie act, ABRAHAM JACKSON, Speaker of the House of Representatives, JARED IRWIN, President of the Senate* Assented to, December 12, 180&. hour of fen o'clock in the forenoon, or be continued after the hour of four o'clock in the afternoon, nor shall any such sale be continued from day id day, unless the advertisement shall be so expressed, and the same be publicly made known by the hour of four o'clock 10 and 4 o'- in the afternoon of the day on which the said sale shall commence. from day to day so to be ABRAHAM JACKSON, Speaker of the House of Representatives, ad>eitwSd' JARED IRWIN President of the Senate, Assented to, December 12, 1804. JOHN MILLED GE, Governor. * Town commons to be laid off in lots and s old for the benefit of the academy, see act of 1808, No. 38o. 203 LAWS OF GEORGIA, (jSfo. 100.) Preamble, f f HERE AS the inhabitants of the county of Scriven sustain great inconvenience from. tlie distance of the offices of the clerks of the Superior and Inferior courts from the sourt-house of the said county*. AN ACT* To require the Clerhs of the Superior and Inferior Courts of the candy of Scriven) to keep their offices at or near the Court-House of the said county. Clerks of the Superior and inferior courts of Scriven county to keep their of- fices at or within three miles of the Ciiuvt house. Sec. 1. BE it enacted by the Senate and House of Representatives of the State of Georgia,.in General Assembly met, That within six months after the passing of this act,, it shall he the duty of the clerk of the Superior court and the clerk of the Inferior court to keep their offices of the county aforesaid,, at or within three miles of the said court-house, Sec. 2, And be it further enacted. That if the said clerk of the superior court or clerk of the inferior court, shall neglect or refuse to remove his or their said office, within the time prescribed by this aet, That he or they shall forfeit and pay for every month in which he or they shall so neglect or refuse, the sum of twenty-five dollars, to. be recovered by action of debt,. in any court having cognizance thereof, one half where- l.) Sec. 5. Jlndbs it further enacted. That the «u.i\S co i.tjiissloners h ^ore they enter iipom Commission- the duties of their appointments, shall give bo.ill and appeomi seem it; to his Excellency to y'lVC * bond und, sa- the Governor ami his successors in office, in the bum of faro yhm ,kyul dollars each for S\4S acoinl the faithful performance of 4hejr duty; and each uml every hf tJU» -ai(h commissioners lofursperday shall receive whilein actual service,* a sum not exceeding iLueedofVa per day j audit shall fee the duty of the said commissioners, veat'y an.1 every yei mate a full and accurate statemeut of their proceedings to the legislature of this hstwte* Sec. 6. JLnd be it further enacted by the tn&torlty ofow*.j.ti>utiv$$* J ABED IB WIN, Fremdmt of the Senate* Assented to, December %%, 1S0L JOHN MILLED GE, Gotch^JU £Nt>. 163.) To make permanent the site for the public buildings in the county of Tattnall, and to appoint * commissioners for that purpose. ®ec'a*1Be it enactedfrj the Senate and House of HepresentaUtes of the State of Georgia,in Commission- General Assembly vet, ItolNimrod ftbadlev, Daniel Brinson, Shadreu Stanley, e^nr, tTfix^R1 the JesaeBird, senr. and ELnnami» Shilling* he bed they are hereby appointed commission- EftTe'pubnc* *or 0,1 the 8*te the court-hou* and jail in tl e county of Tattnall, end that building* of they or a majority of them, &hall within ninety days after the passing of this act, meet Tattnallcoun » ,, , „ ^ _—-— Z . * See act of 1808, Nm 386, extending1 the time until thcwlst Jarihaty 4810, upon certain conditions or provisions. PASSED IN THE YEAR 189i. 211 at the present temporary court-house of said county, and fix upon the place for the per- (No, 162.) manent seat oi the public buildings of said county, which shall be as near the centre of the county as shall be expedient. Sec. 2. And be it further enacted by the authority aforesaids That the said commis- ^ ^ sioncrs, or a majority of them, after haying agreed upon the permanent site for the pub- town lots and lie buildings o* the county aforesaid, shall have full power and authority to purchase erecting the or ouerwise procure titles in fee simple, in trust, for the aforesaid county, not less I>ublie than six nor it* ore than one hundred acres of land; and after having made choice of so pinch of the said land, as may be thought necessary for the public buildings, to lay off in lots and dispose of the same, as in the judgment of the said commissioners, or a major- ityofthem* shall think will he most conducive to the interest of said, county; and the said commissioners or a majority of them, are hereby authorized and requested to con- tract for, and cause to be built, a court-house and jail of such dimension, and on such plan, as they shall deem most convenient to answer the end proposed; of which said con- tract for erecting said buildings, the said commissioners, or a majority of them^ shall give at least thirty days public notiee thereof. Sec. 3. And be it further enacted, That the justices of the Inferior court of said inferior court county, shall he, >nd they are hereby authorized and empowered to levy a tax on the fo/Tim above inhabitants and taxable property of the same, which tax shall not exceed one . fifth of purpose8, .their general tax; and the monies arising therefrom, or so much thereof as will be suffi- ciem to defray the expense of the public buildings, shall be paid into the hands of the commissioners of the same, to he applied to, and for that express purpose. Sec. 4. And be it further enacted, That the Superior and. Inferior courts shall he held courts to be in the two story house at Cox's old mills in the eounty aforesaid, until the aforesaid pub- hf|d at Cox's y „ . , , , , r old mills un- lie buildings shall be .completed* and no Iongeiv til the build- ings are com- pleted. ABRAHAM JACKSON, Speaker of the House of Representative#.. JARED IRWIN, President of the Senate. Assented to, December 12, 1804. JOHN MILLED GE* Governor. 21% LAWS OF GEORGIA, (No. 163.) AN ACT* For the better regulating of the town of Greenesborough, and for the appointment of commissioners of the'county of Greene ; and Silo am Meeting-House in said county, and to incorporate the same. EC* A® E it enacted by the Senate and House of Representatives of the State of Geor- Greensbo ^iCL> *n General Assembly met, and by the authority of the same, Thai the Reverend James rough to H. Ray, the present rector of the academy aforesaid, or the rector thereof for the lawst &c!~ time being, shall be the president of the board of commissioners, who, together with a majority of the said commissioners, shall have full power and authority to make all such ordinances, bye-laws, rules and regulations, which may be necessary for the better reg- ulation and government of the town of Greeneshorough :<—Provided the said ordinances bye-laws, rules or. regulations are not inconsistent with, or contrary to the constitution, or constitutional laws of this State. To have Sec. 2. And be it further enacted, That-the president and commissioners aforesaid, shall have a corporate capacity, and be known in courts of law and equity, as a body corporate ca- politic and incorporate, so far as to ^enable them to sue and be sued j and to receive and paeity. acquire property both real and personal, either by gift grant or purchase, and to hold the same in perpetuity for the purposes and uses before mentioned, and that the style of the said commissioners shall be*< The president and commissioners of the town of Greens- Their style. boroilgV, Sec. 3. And be it further enacted, That so much of the before recited act as militates lau&5Peal n^ against this act, be and the same is hereby repealed. ABRAHAM JACKSON, Speaker of the House of Representatives. JARED IRWIN, President of the Senate. Assented to, December 12, 1804. JOHN MILLED GE, Governor. * To extend the town of—and corporate jurisdiction thereof. See act of 1808, No. 384. PASSED IN THE YEAH 1S01. 2ii AN ACT (NO- 16i-)' To authorize the Commissioners of the Academy of the town of Washington, to estah- lish a Lottery, for the purpose of raising two thousand dollars, towards finishing the said Academy, and purchasing a literary aparatus for the same. Sec. i. enacted by the Senate and House of Representatives of the State of lo^tte^eaI* Georgia, in General Assembly met, and by the authority thereof, Tliat it shall and may towulcS'e1 be lawful for the commissioners hereinafter named, to establish a lottery within one my. year after the passing of this act,* to raise the sum of two thousand dollars, under such schemes and regulations as they or a majority of them may deem necessary and proper- to carry into effect the above recited object. Sec, 2. And be it further enacted, That Nicholas Long, Gilbert Hay, Joel Abbot, John Griffin, Felix Gilbert, Richard Worsham and William Prince, junr. Esquires, be el^0JJ^2°5^ and they are hereby appointed commissioners to carry the aforesaid lottery into full effect, cany it mi© ABRAHAM JACKSON, Speaker of the House of Representatives, JARED IRWIN, President of the Senate, Assented to, December 12, 1804. JOHN MILLED GE, Governor, AN ACT (No. 165.) To alter and amend an act, entitled, An Act for the better regulating of the town of Sunbitry*" HEREAS the above recited act, passed the eighth day of December, one thousand seven hundred and ninety one, is found to be deficient in part, and does not answer all the purposes thereby intendeds Preamble. Sec. 1. BE it therefore enacted by the Senate and House of Representatives of the Slate of Georgia, in General Assembly met, and by the authority of the same, That elecSofthf from and after the passing of this act, the election of commissioners for the said town of comi"issi«n- , _ _ ers. oi said * Time extended until the first day of October ISO?, by act of 1805, No. 199. town. jLVWS OF GEORGIA, (No, 165*) Sunbury, shall be held annually on the first Monday in August at the academy iu the said town j and all male white citizens of the age of twenty one years and upwards, who may be owners or occupiers of a houSe or lot in the said town, shall, and are hereby en- titled to a vote for commissioners : Provided, That no person or persons shall be capable of serving as a commissioner or commissioners of the said town of Sunbury, who is 01* are not citizens of the United States, and possessed in his or their own right in fee simple of a lot, and reside in the said town at least three months in each year. Vacancies Se,c. 2, And be it further enattid hy the authority aforesaid, That all vacancies which how to be fiih may happen, by death, resignation or otherwise, in the said board of commissioners. shall be filled by election of all those entitled to vote as aforesaid, and a majority of the said commissioners are hereby authorized and required to order the same,, and appoint the time, giving at least thirty days notice thereof. Sec. 4. And he it further enacted, That the said commissioners for-the time being, Shall be jus« shall be ex-officio jusliees of the peace within the limits of the said town, and hamlets of "fch.0 peace ex-offi- of Sunbury 5 and that all laws and parts of laws heretofore passed respecting the said town of Sunbury, which are repugnant to this act, be, and the same is and are hereby repealed,* ABRAHAM JACKSON, Speaker of the House of Representatives*. JARED IRWIN, President of the SmaU* Assented to, December 12, 180&. JOHN MILLED GE, Governor. £No. 166.) AN ACT To establish the fees of the Harbor Master and Health Officer of the ports of Savannah' and St* Mary, Se0. 1. Jjj pi macten jjy tfo Senate and House of Representatives of the State 271 General Assembly met, and it is hereby enacted by the authority of the same, health officer That the harbor master and health officer of the ports of Savannah and St. Mary, for master of s«. the time being, he and tliey are hereby authorized, each and every of them sevO ally, HHrj's & St *° have, demand and receive, of and from all foreign vessels which shall arrive at the ports of Savannah and St. Mary, from and after the passing of this act, four cents per See act of 1805, No. ir8, amendatory of this act. PA83EH IN THE TEAK 1804, ton, ami «>i all Amerhotl two* cents per ton, which shall be in full of all fees, jfh?,) dues oi* tleTui'i ls what of# Tor the services of them the miI Uarpop master ana health officer respectively, ^ ABRAHAM JACKSON, Spacer oftheJIqme of Mepresenlativ^ J A BED IS WIN, Pmulmt of (hi Scnutr. tQf Incumber i50l» JOHN MJIikKBG-©, Gcvi^m AN ACT,* ' , (No. i«r.> To a Iter and amend an act, entitled, « An Act to alter and amend an act, la empower the Inferior Courts of the several counties within this State, to orfcr- the }ayip$ out the public roads, and to order the building ami keeping in repair the pubjic bridges," so far as respects the counties of Chatham, Bryan, liberty, Glynn ami Camden, passed tils'* loth BmmUr, 4303« > ' / * Jfc$£< it emoted bp the Senate mid ,House of Meprpsyntativep of the State of Georgia, in General Assembly met, and by the authority of the iam, That several cy aaJ particular person pr persons, eommis* nUpm? or nirveyor, and to appoint the $im© of working within their respective divisions or d.'siriaa $ and also to appoint other commissioners or surveyors in the peon* m any dyhg, departing tfm ®tate, declining,- refusing pr neglecting to act, as shall ijeVgre^d upon by a majority of th© commissioners or surveyors then present, f ■%*< find h? Ufarther m0ed. That ,any surveyor or commissioner my? in o/Hee* *w ©r to bv ,L' «"rtJt «d by virm© of this act, who shall wot daily and every day, attend upon KjfV, ok th • t or ds within \>'»ir respective districts or divisions, during th© iiipe of working *#n the **W _u - -11Ui ,, , ,,, ■ 1u L j L -| | ,L ,1 I J I. .1.1 II * "' 1 * * $ee m IWi, i?o. 203, iwXuni tf> moling- this act. LAWS OP GEORGIA, (No, ,168.) same, op when ever thereunto required by a majority of the commissioners or surveyors, or if any of the commissioners or surveyors so appointed, shall, after accepting such appointment, refuse or neglect to do, or perform the duties required of them by this act, such commissioner or commissioners shall, at the discretion of the commissioners or sur- veyorsofhis county, or a majority of them, who shall be present at the meeting next, forfeit and pay a sum not exceeding twenty four dollars; this clause not extending to fine any commissioner or surveyor, or who after serving as such by virtue of this act, the space of two years, shall choose to decline the said office; and it shall he the duty of every commissioner or surveyor to make his return of defaulters, in his or their respective dis- tricts at the general meeting of the said commissioners or surveyors, whose duly it shall be to determine on all fines to be Imposed as well on the commissioners and surveyors as otherwise. Who liable ^EC* ^e it further enacted, That all persons liable to and bound to da duty to-woi k on the on the public roads in the counties of Glynn and Camden, shall'be liable only to work on. roads m Cam- • . . . den & Glynn, the mam post roads through said counties, until a majority ol the commissioners of either of said counties, shall (from the good order of said roadsj direct otherwise, and. not before ; any law to the contrary notwithstanding.. Sec. 4. And he it further enacted by the authority aforesaid; That in the counties of Glynn and Camden, the white male inhabitants liable to do duty on said road, anu who hands6 shall attend for that purpose as the law directs, shall be divided into three equaL parts by Glynn & Cam- the commissioners or surveyors of each district, on the day of meeting, either by draught den in what , ° manner to be or otherwise, as may be directed by the commissioners op surveyors, each of which party Xvided and so divided, shall attend the roads in rotatory order, and each take their due portion .of said duties, to be so allotted by the commissioners or surveyors, as not to compel more than one third part of the white male inhabitants, or their respective districts to do and proviso perform one whole day of duty together : Provided, nothing herein shall be construed to except more than two thirds of said white male inhabitants at a time, on the same day from the performance of the duties required of them.. Sec. 3. And he it further enacted by the authority aforesaid, That any person Begkc^of du- 0P persons neglecting or refusing to do and perform the duties hereby required, shall be ty* liable to a fine not exceeding one dollar for every such offence, which said fine shall he levied agreeable to the mode heretofore pointed out, at the discretion of the board of commissioners. Sec. 6, AND WITEREAS the judges of the inferior court for Glynn county have neglected to lay out a public post road through the body of that county (corresponding with, the roads through the adjacent counties) by which the said roads through the adjacent counties are rendered of less public utility; And, that whereas great convenience might PASSED IN THE YEAH 1804, result from the establishment of a road, from Fort Harrington to Little Satilla, where (No. 167.) the Camden county main road terminates ; BE it therefore enacted by the Senate and House of Representatives of the Stale of A. 1*0£id 1.0 be Georgia, in General Assembly met, and by the authority of the same, That the com- laid off from missioners or surveyors who may be appointed in said county of Glynn, are ljereby au- fj^to kittle thorized and empowered to lay out a public road, commencing from the south side of the Satilla.- Alatamaha, opposite to fort Harrington, taking the most direct and convenient course to the Little Satilla, where the path, long known by the name of the Rebel road, leading from Fort Harrington to the burnt fort on Great Satilla, crosses said Little Satilla; and the said commissioners or surveyors are hereby required to lay off, and work on said road agreeable to the regulations established by this law, for repairing roads, &e. in the seve- , ral counties herein before mentioned. Sec. 7. And whereas it may not be practicable for the several persons subject to work , When wort shall be done by this act, to erect bridges over the several creeks or rivers within the several districts at the expense or divisions, by working thereon six days:—Be it therefore enacted, That the commis- of the county, sioners or surveyors of such districts or divisions, by consent of the justices of the infe- rioi* court of the county, shall be, and they are hereby empowered to contract and agree with any person or persons willing to undertake the same, and that the expenses thereof be defrayed from the county funds : Provided nevertheless, That where it may appear ne- eessary to erect such bridges over any creek, or river between two counties, the labor and charges of erecting the same, shall be defrayed equally by tlie respective counties; Sec* 8. And be it further enacted by the authority aforesaid, That so much of the road act, passed the 10th day of December, 1803, as is contrary to this act, be and the clause, same is hereby repealed. ABRAHAM JACKSON, Speaker of the House of Representatives*. J ABED- IRWIN, President of the Senate,* Assented to, December 12, 180L JOHN MILLEDGE, Governor. D % LAWS OF GEORGIA, (No. 16S.) AN ACT To alter and change the names of Churchill Mines Taylor, George Washington Rawls and Amos May. IIEREAS Richard Hines and Richard Wiggins, by their petition to this legisla- Certain names ture, setting forth that they are the reputed fathers, to wit: The said Richard Hines, changed, (]ie reputed father of Churchill Hines Taylor, and George Washington Rawls, minors ; and the said Richard Wiggins, the reputed father of Amos May, also a minor; and praying that the said children may hear their name $ BE it therefore enacted by the Senate and Mouse of Representatives of the State of Gear- gia in General Assembly met, and by the authority of thesame, That from and immediately after the passing of this act, that it shall be lawful for the said Churchill Hines Taylor, George Washington Rawls, and Amos May, to take, be called, and known by the name of Churchill Taylor Hines, and George Washington Hines, and the said Amos May, Amos Wiggins. ABRAHAM J ACES ON, Speaker of the House of Representatives* JARED IRWIN, President of the Senate* Assented to, December 12, 1804. JOHN MILLEDGE, Goveuxoh. (No. 169.) AN ACT To Manumit certain persons therein named.. IIEREAS John C. Livingston, of the State of South Carolina, deceased, did in and by his last will and testament, bearing date the twenty ninth day of December, one 1 ramble, thousand eight hundred and three, authorize the emancipation of a certain negro woman called Mag, and her five mulatto children called Mary-Ann, Lydia, Rose, Paul and Selinaj and did by the said last wilt and testament, devise and bequeath real and personal property to a considerable amount, for the use and benefit of the aforesaid persons,* and therein appointed Charles Oddingsells and Francis Hopkins, Esquires, trustees and guardians of the said negro woman Mag, and her said five mulatto children, Mary-Amu. PASSED IN THE YEAH ISO*. *19 Lydia, Rose, Paul and Selina; and also appointed the said Charles Oddingsells and (No. 169.) Francis Hopkins, with others, executors of the said last will and testament of him the said John C. Livingston, who have by their petition prayed the present legislature, that the benevolent intentions of the said John C. Livingston may he carried into effect. Sec. 1. BE it therefore enacted by the Senate and House of Representatives of the State of Georgia, in General Jlssembhj met, and it is hereby enacted by the authority of the same, That the said negro woman Mag, and her said live mulatto children, called Mary-Ann, Lydia, Rose, Paul and Selina, be, and they, and each and every of them, •are hereby manumitted and set free, and they and each and every of them are hereby declared to be entitled to the same priviledges and immunities as if they had been born free: and the said Charles Oddingsells and Francis Hopkins, are hereby vested with all the property both real and personal, given and devised by the said John C.Livingston, in and by his said last will and testament as trustees and guardians to, and for the sole and separate use, benefit and advantage of the said, negro woman Mag, and her said five mulatto children, Mary-Ann, Lydia, Rose, Paul and Selina, to the same extent, and tinder the same conditions, restrictions and limitations as are expressed or contained in the said will. And whereas brigadier general Josiah Tatnall, jun. late of this State, deceased, did In and by his last will and testament, bearing date the thirteenth day of February, one thousand night hundred and three, authorize the manumission of his negro woman Bess, for her affectionate attention and faithful services, and particularly requested his execu- tors to take the necessary steps under the law, to place the said faithful negro woman Bess, at her full liberty, free and unfettered by slavery : And whereas the executors of the said General Josiah Tatnall, jun. have by their petition prayed the present legisla- ture, that the benevolent intentions of the said Josiah Tatnall jun. expressed in his said will, in regard to the said negro woman Bess, may be carried into effect. Sec. 2. Be it thertfore enacted by the authority aforesaid, That the said negro wo- A Certain ne- man Bess, he, and she is hereby declared to be manumitted and set free from all man- sr0Q frecd' • ncr of servitude and slavery whatever, and she is hereby declared to be entitled to the same priviledges and immunities as if she had been born free: Provided neverthc- less, That nothing herein contained, shall be so construed as tu exonerate the aforesaid slaves from being liable and subject at all times to the payment of any just debt or debts that may appear against their last owners ; and that security be given by the executors, trustees or guardians to his excellency the governor, or his successors in office, in the sum of two hundred dollars, for elach and every slave so emancipated, that such slave or slaves shall not become a public charge. ABRAHAM JACKSON, Speaker of the House of Representatives* JARED IRWIN, President of the Senate Assented to, December 12, 180d, JOIUf MIIXEDGE, OoyjfcJSXoE. 220 lLAWS OF GEORGIA, (No. iro.) an ACT For apportioning Representatives among the several counties in this State, according to the second enumeration> in conformity to the seventh section of the first article of the constitution. Preamble. HEREAS the seventh section of the first article of the constitution directs, ((that the House of Representatives shall he composed of members from all the coun- ties according to their respective numbers of free white persons, including three fifths of all the people of color," in order therefore to apportion the representatives of each conn- ty respectively, to the said second enumeration or census. RE it enacted by the Senate and House of Representatives of the State of Georgia hi itepresenta- General Assembly met, and by the authority of the same, That in future the representa- veral counties tion of the respective counties shall be apportioned in the following manner, to wit •.—< apportioned. Camden one, Glynn one, M'lntosh two, Liberty two,Bryan one, Chatham three, Effing- liam one, Scriven two, Burke three, Bulloch one, Tatnall one, Montgomery two, Jef- ferson two, Lincoln two, Elbert three, Jackson three, Clark three, Richmond two, Wilkes three, Columbia three, Warren three, Washington three, Hancock three, Greene three, Oglethorpe three, Franklin three, and Walton one. ABRAHAM JACKSON, Speaker of the House of Representatives* JARED IRWIN, President qf the Senate. Assented to, December 12, 1804. JOHN MILLED GE, Governor. -AN ACT (No. 171.) _ To admit Howel Washington Runnells to practice and plead in the several courts of Haw and Equity within this State. Preamble "WIIEREAS the said Howel Washington Runnells hath produced a certificate from the honorable Thomas P. Carnes, formerly Judge of the Superior courts of this State, and from the honorable John Griffin, formerly Judge of the said eourts, the former of 4vhich, that he examined the said Howel W. Runnells, respecting his abilities, fitness PASSED IN THE YEAR iSOi. 221 and capacity to practice and plead in tlie several courts of law and equity within this (No. 171.) State, and found him qualified 5 and the latter, satisfactory as to his moral rectitude. ME it therefore enacted by the Senate and House of Representatives of the State of IIowei w. Runnells ad- mitted toprur Georgia, in General Assembly met, and by the authority of the same, That the said IIowei Washington Runnells, be, and he is hereby admitted to practice and plead in the several ticc lav. courts of law and equity within this State, with all the rights, privileges, and immuni- ties, which attornies and practitioners of law have, or are entitled to enjoy; the said ilowel AY. Runnells first taking the usual oath administered to attornies upon their admission. ABRAHAM JACKSON, Speaker of the House of Representatives* JARED IRWIN, President of the Senate* Assented to, December 12,1804?. JOHN MILLEDGE, Governor. AN ACT (No. 172.) -To authorize Allen Daniel to erect a public ferry across-Broad River, on lands of said Daniel, at or near the mouth of Blue-Stone Creek. W, HERE AS the establishment or erection of a. public ferry across Broad River, at, or near the mouth of Blue-Stone Creek, will greatly tend to the public convenience. Preamble. Sec.1. BE it therefore enacted by the Senate arid House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, Allen Daniel allowed a fer« That the said Allen Daniel, immediately from and after the passing of this act, shall ry across be authorized and empowered to establish a public ferry across the said Broad River, Broad River* at, or near the mouth of Blue-Stone creek, on the lands of the said Allen Daniel, and Allowed law- that the said Allen Daniel, shall have and receive from &11 passengers crossing the said ful rates* river, at the said ferry, the rates of toll established by law for ferries over the said river. ABRAHAM JACKSON, Speaker of tiie House of Representatives* JARED IRYVTN, President of the Senate. Assented to, December 12, 1804. JOHN MILLEDGE, Governor. DAWS OF GEORGIA, (No, i73.) AN ACT To lay out and open a road from Hooker's ferry, on Canoucliee river, to Call's bridge? on threat Ogechee river, running through 'Bulloch and Bryan comJics* Sec. i. Jjjljg ^ enacted Iy the Senate mid House of Representatives of the Stale of H joker's for*- Georgia in General Assembly met, and by the authority of the same, That from ami bri^eilid off lTlet^a^J after the passing of this act, that there shall be a road laid out from Hooker's ferry on Canouehee river, to M'Call's bridge over Great Ogechee river, the nearest way that may he found convenient. Gommissi- Sec. .2. And be it further enacted by the authority aforesaid, That John Dukes, ccTto iay°off Elias Daniel, and Thomas Albritton, be, and they are hereby appointed commissioners the same. to lay out said road and attend the opening the same : and that all male inhabitants, in Who liable ° to work on it. the different districts, through which the said road may run, are hereby declared to he liable to work on said road, agreeable to a road act now in force Lia that case jnade and provided. ABRAHAM JACKSON, Speaker of the House of Representatives* JARED IRWIN, President of the Senate. Assented to, December ±2, 180&. JOHN MILLEDGE, Goveunoh, AN ACT (No, m.) To appropriate monies for the political year 1805. Sec. 1. Appropr'ati ! E it enacted by the Senate and House of Representatives of the State oninfavor of of Georgia in General Assembly met, and by the authority of the same, That there be lUs secretaries appropriated for the use of the Governor, the sum of two thousand five hundred dollars, swy°r.gen conformity to the law of ISO*; the secretaries to th© governor, not exceeding two, Treasurer & five hundred dollars each per annum; the secretary of State, two hundred dollars per JseSff11" annum: the surveyor-general, two hundred dollars per annum; the Treasurer, twelve liun- |ecretary of dred dollars per annum; the Comptroller-general six hundred dollars per annum; the sec re- of the house tary of the senate, three hundred dollars per annum; the clerk of the House of Represen- tivSreSenU" tat^ es; three hundred dollars per annum, which said several sums shall be and they are PASSED IN THE YEAH 1S0J. 225 hereby appropriated for the use of the officers above mentioned, the same to be paid (Xo. 17a.) quarter yearly, by warrant from the governor on the treasurer, out of the taxes to be coniln-ent received for the years ISO* and 1805; and the sum of fifteen thousand dollars as a hind, contingent fund, subject to the draughts of the governor. Sec. 2. «Ircd he it further enacted, That the President of the Senate and Speaker of President of Senate and the House of Representatives, shall have each four dollars per day, and the other mem- Speaker of bers of both branches of the legislature, at, and after the rate of three dollars per day Kepi-esij^ta-0^ each, for their coming to, attendance on, and returning from the same ; the secretary tives- of the Senate and clerk of the House of Representatives, four dollars per day each; Members & two engrossing clerks of the Senate and two engrossing clerks of the House of Repre- tlieirofficels' sentatives, four dollars each per day; the messengers and door keepers of both branches of the General Assembly, three dollars per day each; the clerk of the House of Repre- sentatives and secretary of the Senate the sum of sixty-eight dollars each, for stationary, fire-wociL and other contingent expenses during the present session ; to Reuben Lang- ston, t A of the committee on the state of the republic, the sum of fifty dollars in full; Keulen Lang- to Edmund S3. Jenkins, clerk to the committee on finance, the sum of fiftv dollars : to *t0"- _ .. 7 * 7 E. B. Jenkins, the adjutant-general, the sum of three dollars per day while in actual service ; to the Adjutant brigade inspectors, three dollars per day, and adjutants two dollars per day, while in Brigade in. actual service. specters. Sec. 3. tlnd he it f urther enacted, That the sum of one thousand four hundred and ninety-nine dollars be appropriated to meet the contract of the commissioners appointed on ^ Fora pub- the part of this State, agreeably to a resolution of the legislature, for the laying out this state to and opening a road from this state to the state of Tennessee; also the sum of one bun- dred and fifty-three dollars, to William Barnett, and the sum of one hundred and seven- teen dollars to Roderick Easley, for their services as commissioners, in exploring and marking out the said road and for other services ; to John J. Schley, the sum of thirty- two dollars for a paper ease and writing desk for the House of Representatives ; to Pat- rick Jack, the sum of forty dollars for services rendered as brigade inspector of (he first brigade of the third division, in the year 1802 ; to John Hamill, the sum of twelve dollars as adjutant of Warren county regiment of militia, for the years 1801 and 1802: to David Adams for contingent expenses attending the running the boundary line, agree- ably to the treaty of Fort-Wilkinson, the sum of one hundred and forty-six dollars : to William Cone, the sum of sixty dollars for building a fort in Effingham county, agreea- bly to a concurred resolution ; to Richard Bond, the sum of nine dollars for services rendered as drum-major in the regiment commanded by Col. Edward Ware, in Elbert county. Tennessee. To sundry- other persons. LAWS OF GEORGIA, (No. 17A.) TO the following' persons for taking the second enumeration agreeably to the consti tution of tliis state, the following sums, to wit ;— To persons J°siah Everitt, of the county of Bulloch, seventeen dollars and thirty-four cents: in the differ- to Asa Raygan, of Oglethorpe, forty-one dollars six and one quarter cents ; to William for taking1 the Lumpkin of said county of Oglethorpe, forty dollars and fifty-six and a quarter cents; tviwi». t0 x>aniei Reall of Franklin, sixty-nine dollars and sixty-eight and three quarter cents; to Joseph Lamaster of Jackson, nineteen dollars and ninety-three and three quarter cents; to J. M. C. Montgomery of said county, twenty-six dollars and ninety-three and three quarter cents; to Edwin Wise of said county, fourteen dollars and twenty-five cents • to Etheldred Wood, of said county of Jackson, thirteen dollars and thirty-one and a quar- ter cents; to Lazarus Battle of Hancock, twenty-four dollars and six and one quarter cents; to Hamlin Lewis of said eountv, twenty dollars and thirty-one and a quarter cents; to Jared Bureh of said county, twenty dollars and six and a quarter cents ; to Wjlly Abererombie of said county, thirty-eight dollars; to James Bird of Bryan, seven dob lars and thirty-one and a quarter cents; to Timothy M'Kinney, twenty-six dollars thirty- aeven and a half cents; to James Mulryney of MTntosh, fifteen dollars, forty-three and three quarter cents; to Thomas Davis of Montgomery, thirty-four dollars and twenty- five cents; to Thomas Sandwich of Richmond, thirty-seven dollars and twelve and an half cents; to James Robinson of Jefferson, forty-four dollars and sixty-eight and three quarter cents; to James Bransford and John Waddel of Clark, sixty one dollars and thirty-seven and a half cents: to-William Cain of Wilkes, thirty-six dollars and eighty- one and a quarter cents; to William Flemming of Columbia, thirty dollars and sixty- eight and three quarter cents;. to William Ogle of said county, fifty dollars and six and a quarter cents; toJohnHopson of Warren, thirty-four dollars and thirty-seven and a half cents; to Harden Pruett of said county, thirty-six dollars and thirty-one and a quarter cents; to Beekum Dye and R. T.. Cosby of Elbert county, forty-eight dollars eighty-one and a quarter cents; to Middleton Woods of said county, forty dollars and eighteen and three quarter cents; to George Norman of Lincoln, thirty-three dollars and forty-three and three quarter cents; to. William M'Murry of Washington, twenty dollars and twelve and a half cents ; to T. R. Rutherford of said county, twenty-four dollars and twelve and a half cents ; to Samuel Robinson of said county, thirty-three dollars and eighteen and three quarter cents; to William Daniel of Greene, fifty-one dollars and forty-three and three quarter cents; to Joshua Haughton of said county, forty-three dob lars and thirty-seven and a half cents ; and to John Pooler of Savannah, fifty dollars : to Johnson Welborn thirty six dollars, and Nathaniel Willis thirty six dollars. To sundry To the commissioners and their secretary, who were appointed to repair to tha Lr ^Viff rc'it nation, for the purpose of demanding and receiving, restitution for property claim services, ed L\ this State from tne said nation, at and after the rate of three dollars per day each. whilst lit actual Eeuhe; to the commissioners and their secretary, who attended the run- f ASSED IX THE YEAR 1804. 225 ning tlie temporary boundary line, at and after the rate of three dollars per day whilst (No. 174.) in actual service; to the commissioners and their secretary, appointed to lay off the town of Milledgeville, at and after the rate of three dollars per day each, whilst in actual service ; to the surveyor, at and after the rate of four dollars per day, whilst by them employed; and two chain carriers and one chopper, at and after the rate of one dollar per day each, whilst employed; to Buekncr Harris, Esq. one of the commission- ers for laying out the road through the Cherokee nation, at and after the rate of three dollars per day, whilst in actual service; to general David B. Mitchell, the sum of twelve hundred and thirty five dollars and seventy five cents, in full of his accounts for ammunition and sundry supplies furnished in the year eighteen hundred and two, under the order of the governor, in the defence of the sea-coast against the landing of Brigand negroes from Guadaloupe, and in full for a boat lost in said service; to Daniel Buller one hundred dollars, agreeably to a concurred resolution of the present session; the sum of sixty four dollars and seventy five cents, to John Paulett, as per order of Peachy Bled- soe, brigade inspector to the second brigade of the third division of the militia of this State, for services rendered in the years 1801 and 1802; to George Christian, the sum ol" fifteen dollars for the year 1801, in full for his services as adjutant for the Franklin regiment; to Sarah Hillhouse, the sum of twenty dollars, and forty one and a quarter cents for printing for the State, in the last political year; and the sum of five hundred and eighty two dollars and thirty two cents, to John Milton, Esq. of Burke county, in full for articles furnished and services rendered as secretary of State, agreeably to a concurred resolution; to James Stallings four hundred and fifty four dollars and thirty five cents, agreeably to the report of the committee on his petition to the present legislature which said several sums shall be paid to the several persons herein named, out of any monies which now are, or may hereafter come into the treasury. ABRAHAM JACKSON, Speaker of the House of Representatives* JARED IRWIN, President of the Senate. Assented to, December 12, 1804. JOHN MILLED GE> Gotekhok. E-3 l,AWs OF GEORGIA, (No. 175.1 AN ACT* To raise a tax/or the support of government for tie year one thousand cighi hundred and Jive. Sec. 1, llj^ enacted by the Senate and House of Representatives of the State oj landl°n Georgia, in General Assembly met, and hp the authority thereof, That a tax shall be levied, and, collected on all lands within this State,, granted to, or surveyed for any person or persons, in the,following rnqdc, to wit: Valuation . Go each and every, acre of all tide swamp, (cultivated or uncultivated) including hndsUalUy of. islauds of the first quality,,at; three cents and seven mills per acreof the second quality.^ at two eeats and three mills per acre j, and of the, third quality, at seven mills per acrei On-all pine lands, adjoining such tide swamp, or contiguous, thereto* or within, three miles of water carriage* at six mills per acre. On all prime or inland swamp (cultivated or uncultivated) of the first quality, at two cents, aqd six mills per acre, of the second quality, at one cent and four mills per acre * and of thq, third quality, at six mills per acre. On all pine lands, adjoining or contiguous thereto, at one^mill and an half per acre 5 on all salt marsh, one anf an, half mills per aqre.. On all high river swamp or low grounds,.(cultivated or uncultivated) Including islands* including such as are called second low grounds, lying above Aberoorn ereek, and as high as the mouth of xM'Bcan's,creek on, Savannah river* of the. first quality, at one cent and. nine mills per acre; of the second quality, at one eeni and two mills per acre ,* and of the third quality, at six mills per acre, On all high river swamp as aforesaid, lying above M'Bean's.cpeeh, and as high as the mouth of Rae's creek, of the first quality, at two cents and nine mills per acre ; of the second quality, at one cent and nine mills per acre; and. of tfie third quality* at eight mills and an half per acre. On all high river swamp as aforesaid, lying from the mouth of Rae's creek, to the mouth of Broad river, on Savannah river, of the first quality, at one cent and five mills per acre; of the second quality, at eight and an half mills per acre; and of the third quality, at two and an half mills per acre. •See act of 1335, No. 132, cmUnuin£ and. umemlimj this : ct, ami act of Is Jo, No. 222, and No. 207, i-rvrv p.i+ciy that to, fad net cf11807, No 236* re-enacting and couluinln^ tl.it act with amendment's. I'AS&EB IN THE YEAR 18di< On all oak and h&ekory lands, (cultivated Oruncultivated) including islands, from ihe (Xo. 17£." north i*f liae'a creek, to the mouth of Broad river, and within one mile of Savannah river? of the first quality, at six miUb per aei'e; of the second quality, at two and an half wills per acre 5 and of the third quality, at one an half mills per acre. On all oak and hickory lands, including islands (cultivated or uncultivated) from the mouth of Broad river, up to the Savannah river, and within one mile of the same, and up Tugalo river to the marked line on said stream, of the first quality, at four and one quarter mills per acre; of the second quality, at two and an half mills per acre; and of the third quality, at one mill per acre. On all oak and hickory lands, including islands, (cultivated or uncultivated) from the mouth of Broad river to the marked line on the head thereof, of the first quality, at four and one quarter mills per acre 5 of the second quality, at two and an half mills per acre 5 and of the third quality, at one mill per aere. * On all high river swamp or low grounds, including islands, (cultivated or uncultivated; from Fort Argyle to the mouth of Buck Head creek, on Ogechee river, of the first qual- sty, at seven and one quarter mills per aere; of the second quality, at four and orie quarter mills per acre 5 and of the third quality, at oue and an half mills per acre. ©n all oak and hickory lands as aforesaid, from the mouth of Buck Head creek, to the head of Ogechee river, of the first quality, at six mills per aereof the second quality, at two and an half mills per acre ; and of the third quality, at one and an half mills per acre. On all high river swamp or low grounds, including islands (cultivated or uncultivatedj from the mouth of Buck Head creek to the head of Ogechee river, of the first quality, at six mills per acre 5 of the second quality, at two and an half mills per acre | and of the third quality, at one and an half mills per acre, On all high river swamp, (cultivated or uncultivated) including islands, from Cat Head on the river Alatamaha, to the mouth of the Oconee river, of the first quality, at eight and an half mills per acre; of the second quality, at four and one quarter mills per acre 5 and of the third quality, at one and an half mills per acre. On all high river swamp or low grounds as aforesaid, from the mouth of Ocoriee river, alor.g the northern stream on the north side of the Indian temporary line, to the conflu- fcnCe of the Oconee and Appalachee or South Fork, of the first quality, at one cent and two mills per acre 5 of the second quality, at six mills per acre and of the third qual- iiy, at one and an half mills per acre. LAWS OF GEORGIA, (No. 175.) On all river s wamp as aforesaid, from the confluence of the Oconee and Appalachcc rivers, upwards on the north side of the Indian temporary line, of the flrst quality, at seven mills and an half per acre; of the second quality, at five mills per acre j and of the third quality, at two and an half mills per acre. On all other oak and hickory lands throughout this State, of the first quality, at four and a quarter mills per acre; of the second quality, at two and an half mills per acre; and of the third quality, at one and a quarter mills per acre. On all oak and hickory lands, including islands (cultivated or uncultivated) abo e the flowing of the tide, on all rivers from Cat-Head an the river Alatauiaha, to the river St. Mary's inclusive, to the marked line aforesaid, of the first quality, at two and an half mills per acre; of the second quality, at one and an half milk per acre; and of the third quality, at three quarters of a mill per acre. On all lands on the sea-islands, or. lying contiguous to the sea, shore, usually cultivated or capable of cultivation in corn, indigo or cotton, of the first quality, at one cent and five mills per acre; of the second quality, at eight and one half mills per acre; and of the third quality, at four mills per acre* On all other pine lands throughout the State, at three quarters of a mill per acre. Sec. 2. And be it further enacted, That the sum of thirty-one and a quarter cents, shall he levied on all free male white persons of the age of twenty-one years and upward* Pole taxes, ^bis State: and the sum of thirty-one and a quarter cents,, on ail negroes and other Tax on stock .... n in trade, lois, slaves under sixty years, within the limits of the same ; and the sum of thirty-one a nd ^g^tabies,"1' a quarter cents ou every hundred dollars value of every lot, wharf, or other lauds not lawyers, phy- herein already enumerated; and on all other buildings within the limits of any town, sicians, brok- 17 7 ° ers, factors & village or borough within the same; the sum of thirty-one and a quarter cents upon all stock & Gther male free negroes, mulattoes and mustizoes, from the age of twenty-one years k upwards, over and above the taxable property they may be possessed of; and the sum of thirty one and a quarter cents, shall be levied on every hundred dollars value of all persons stock in trade, shop-keepers and others, to be computed at prime costs, and the return to be made on oath, that the stock in trade so returned, is the highest estimation of the stock in such person's possession, at. any time, not exceeding three months preeeeding the time appointed by this act, for such stock in trade to be estimated and returned; the sum of one dollar on all four wheeled carriages, (waggons excepted) and tbe sum of fifty cents on all two wheeled carriages (carts and drays excepted ;) the sum of four dollars on all practitioners of law or physic ; and the sum of fifty dollars on all billiard tables} and the sum of one thousand dollars on all E. O. tables or other instruments of the like construction for the purpose of gambling; and whenever it shall so happen that the per- taxes. PASSED IN THE YEAH 180i. 22a sons owning or holding such table in possession, refuse legally to return such table or (No. 175.) tables, or after returning the same, shall neglect or refuse to pay the tax thereon, when thereunto required, it shall be and is hereby made the duty of the collector of tax, to levy on the said table or tables, or instrument, and expose the same to public sale, after giving such notice as is required for the sale of personal properly; and should the said table or tables,, after being set up for sale, not sell for the full tax due on the said table or tables, that then all the property of the owner or owners, shall be liable for the taxes aforesaid, and further the person or persons owning such table or tables, is hereby made liable to return and pay the li&e tax in every county in this State, wherever he, she, or they may carry the same 1—That the tax on E. O. and billiard tables may be levied and collected at any time after the passing of this act, wherever such tables may be found, but if the tables should be secreted so that they cannot be come at, then the collector shall levy on any other property belonging to.the said owner or owners,, and every tax collee.- tor is hereby required to proceed immediately against persons keeping such tables, as is directed in cases of non-payment of taxes on other property. The sum of four dollars on all factors and brokers and on all wares, liquors and merchandize,. sold, bargained, or trafficked for by suchfactors and brokers; eighteen and three quarter cents, on every hum dred dollars by them sold or disposed of, to be given in upon oath ; and the sum of fifty cents, on every hundred dollars of the funded stock of the United States, to be given in pn0V;S0 by the holders thereof, in like manner as stock in trade* :—Provided nevertheless, that •in ail cases of extreme indigence or infirmity, the inferior court of each county, shall he, and they are hereby authorized to remit the poll tax upon such indigent or infirm person claiming the same*. Sec. 3. And he it further enacted, That there shall be a receiver for each county, each throughout this State, ami the mode for taking the returns shall be as follows:—the re- Ceiver.£ The manner of .aking i# ceiverof tax returns in each county, shall give notice to each captain's district within the county, by advertising in the most public piace of each district, the day and place he returns and will attend to receive the returns of taxable property therefore, and which notice shall be ' given at least ten days previous thereto ; such receiver shall likewise attend previous to making his return of defaulters, three different days in each district for that purpose, which days shall not be within seven days of each other; and the commanding officer in each company,, shall give to the receiver so attending, a list of inhabitants liable to pay Captains to receiv ers with a list of pei sons lia- taxes within his district, on oath or affirmation, to the best of his knowledge and inform- bletopay ation, under the penalty of thirty dollars, in case of failure, to be recovered before any taxcS" justice of the peace within the county, one half to the person sueing for the same, the other lor the use of the poor of such county.—And it shall be the duty of the receiver of returns at all times upon personal application to receive the returns not given in at the furt^duty S time and place specially notified, at any time before he makes a digest of the whole re- * See act of 1805, No. 192,. pointing out the mode of collecting this tax, in ease the Directors of the Bank are in default. r.t ■ tAYi!! O? CSOftGlA, ±"5.) 1'UT.s, ar'l he shall previous to entering on the execution of Id.s dnf*, take and subscribe wc oa h mi oath or affirmation, in the words following, to wit.—" f, A* B. do solemnly incur, (or aflrit) that I will truly and faithfully perform the duties ef receiver of returns of taxable property, in the county to which I am appointed, as required ef mo by this nei. ami will not receive any return but ©a oath or affirmation.'* Returns in vhat manner Beg. 4. And he it further enacted, That all and every person liable to pay tax, shall give in a list of his, her, or their taxable property, as well as a list of every person or per. to be m«de. ^oas as he, she, or they may be attorney or attornies, executor or executors, admi/ii- strator or administrators, for, in the county or counties wherein such person, agent* aJorney, executor or administrator, may reside,*' describing as near as possible, from plats, deeds or other documents, the particular situation of such land, in what county, what particular water course on, and what lands it adjoins, for whom surveyed, and to whom granted j and the receiver of such returns shall make a general digest, and rc- io be di- ^m*n fhe whole of the taxable property received as aforesaid, and also of the taxable pro. Jested *ndb3 pcrty of non-residents and defaulters within his county, and shall transmit three copies made 011°; to -one to the collector of the county, one to the Inferior court, and one to the Comptrol- are°to be sent. ler-General, and that the said receivers of tax returns, do deliver the aforesaid three copies, to witto the collector and clerk of the Inferior court, on or before the fifteenth day of July next, and to the Comptroller-General, on or before the first day of August thereafter, under the penalty of one thousand dollars for each offence, including therein his own taxable property, and shall publish within one month thereafter in the Gazette, the names of the defaulters under the penalty of fifty dollars $ and the receivers shall re- Receivers ceive five per centum on the taxes arising from all property returned 5 and it shall be Compensation 0 r 1 j ? his duty to transmit to the Comptroller-General, and clerk of the Inferior court and tol- lector of taxes, each a copy of such digest. And that the said several receivers to be appointed by this act, shall be paid by the collectors in the respective counties, the sums which shall become due them for their services as allowed by this act; Provided, that no Receiver shall be allowed or paid by the collectors, before such receiver shall produce Proviso. a certificate from under the hand of the clerk of the inferior court of such county, that such receiver is entitled to such sum for his services agreeably to this act 5 w hich certi- ficates such clerks are hereby, on application, directed to give, and e\ cry collector shall he allowed credits for such payments, in his settlement with the treasurer. Sec. 5. And be it further enacted, That the receivers of tax returns, aud collectors coUcctoisrcs- taxes of the respective counties, shall be responsible to the executive department, and ponsible to- j>e amenable to such rules in conducting the duties of their respective offices, as thfi the governor. _ © 17 Collectors executive may think necessary and proper.—The collectors of the respective counties- to giv bond and security. — — — J —— * Persons living out of the State must return their lands in the coun'y where the hind lies—Txje uo.i of of 1800, No. 457". PASSED IN THE TEAK 1S04, before they enter on the duties of their office, shall give bond with sufficient securities, (No. 175.) as follows:— Foil the county of Chatham, in the sum of forty thousand dollars ; for the county of How muck Camden, in the sum of eight thousand dollars ; for the county of Glynn, in the sum of each coun" four thousand dollars ; for the county of M'lntosh, in the sum of ten thousand dollars ; for the county of Liberty, in the sum of ten thousand dollars; for the county of Bryan, in the sum of six thousand dollars ; for the county of Effingham, in the sum of four thousand dollars; for the county of Scriven, in the sum of four thousand dollars; for the county of Burke, in the sum of ten thousand dollars ; for the county of Montgomery, in the sum of four thousand dollars ; for the county of Washington, eight thousand dol- iars; for the county of Warren, in the sum of eight thousand dollars ; for the county of Hancock, in the sum of eight thousand dollars ; for the county of Greene, in the sum of eight thousand dollars; lor the county of Richmond, in the sum of fifteen thousand dollars 5 for the county of Columbia, in the sum of ten thousand dollars; for the county of Wilkes, in the sum of fifteen thousand dollars; for the county of Oglethorpe, in the sunt ©f fifteen thousand dollars ; for the county of Elbert, in the sum, of ten thousand dollars ; for the county of Franklin, in the sum of eight thousand dollars ; for the county of Jackson, in the sum of eight thousand dollars; for the county of Bulloch, in the sum of four thousand dollars; for the county of Lincoln, in the*sum of six thousand dollars 5 for the county of Jefferson, in the sum of six thousand dollars; for the county of Tat- nail, in the sum of four thousand dollars; and for the county of Clarke, in the sum of eight thousand dollars ;#■ and shall also take and subscribe the following oath or affirm- ation, to wit:—« I, A. B. appointed collector of tax for the county of do solemn- ly swear, that! will faithfully-discharge the duty required of me bylaw," and in case iav-u'°"t4;- of death, refusal, or neglect of any collector to enter into such bond, or take such oath, then his Excellency the Governor is hereby authorized and required to appcint seme other person willing to accept the same, en the qualification aforesaid, who shall attend ^s^uty f- in each district of the* county to receive such tax; and shall previously give at least ten days notice thereof, and shall attend at least two days in each eaptain's district; and not within ten days of each other; and if he shall presume to execute the said office, without the qualification aforesaid, he shall forfeit double the sum for each person's tax he shall receive, to be recovered by any person who shall inform and prosecute for the same, in any court or tribunal having cognizance of debts to that amount,. Sec. 6. And be it further enacted. That the Governor for the time being, shall take bond and security of the collectors of each county respectively in conformity to this, act, for the due performance cf all the duties required of them, and shall transmit a dedimus to the justices of the inferior courts of the several counties, or any two of them, * See ac. cf 1805, No. 192, including1 the counties cf Wayne, Wilkinson ard Baldwin. LAVS OL GEORGIA, (iVo. 1/5.) to receive and cause to be executed such bond, with two or more securities, to be appro- ted of by such justices, which bond shall be forthwith transmitted by them to tbe exe- cutive dffice. All persons See. 7. ,And le it further enacted, That all persons whatsoever, who are possessed tax to g?veS an^ *an(*s granted to, or surveyed for them, or for any other person or persons, or of Relist of slaves, either in their own right, or in any other person or persons whatsoever, or are hi® property liable to pay any tax by virtue, of this act, shall on or before the first day of Slay next, cruponoatlT" renc*er a particular account thereof, on oath in writing, setting forth in what county ^ueh lands and slaves are, to the best of his, her or their knowledge, to tlieTeceiver of the county wherein such person resides, at such time and place as the receiver of the county shall appoint for the doing thereof, so that the same be done on or before the first . day of May aforesaid, which oath or affirmation shall be in the words following, viz; « I, - i' i dp swear, (or afl^rm as the ease may be),that the account which I now give in, The oath. is a just and true account of all the taxable property, which I was possessed of, held or claimed on the first day of January last, or was interested in, or entitled unto, either in my own right, or the right of any other person or persons whatever, as parent, guar- dian, executor, administrator, agent or trustee, or in any other manner whatever, ac- cording to the best of my knowledge, information or belief, and that I will give a just and true answer to all lawful questions that may be asked me touching the same; and all this I declare without any equivocation or mental reservation whatever—So help me God." which said oath or affirmation, the receiver of tax returns for the several counties are hereby authorised and required, respectively to administer gratis. Sec. S. And he it further enacted, That if any person or persons shall neglect or refuse to give in a return of his, her or their taxable property, or shall be convicted of Srty^iow fraud, or making a false return .thereof, he, she, or they shall be liable to pay to the Neglect, re-1 iusal or fraud urn giving in property punished. clerk of the Inferior court of the county, a fine of ten dollars for every hundred dollars valuation, so neglected or concealed, one half whereof for th® use of tbe county, under the direction of the inferior eourt, and the other half for the use of the informer or in formers, to be recovered in any court having cognizance of the same. Attomips & ®EC *9* ttjurihtr enacted, That all attornies or trustees of or for any person or per- trUS e^de°t SOnS W^10ut the limits of this State, shall make true returns as aforesaid, within to tnake re- the district wherein such trustee, attorney, or agent resides ;* and that such attorney, S.SaSaf°re or attornies, trustee ©r trustees, shall he subject and liable to pay the tat to become Liabte out due by this act, or which may be due by any former tax law or laws, for such land or lands ©f his own es- , .... . 9 tate for r.e- slave or slaves,. out of his, her or their own proper estate, notwithstanding such attor- gleet. See act of 1809, No. i-S7j requiring that non-rcsldents, shall return their lands in thecbunty where the same may lie. PASSED IN THE YEAR IfiOi. -!33 xiey or attornies, trusted or trustees, may renounce or disclaim acting as such before the (No. 17.^0 said taxes are levied, unless such attorney or attornies, trustee 01* trustees^ shall make oath before the receiver aforesaid, that he or they hath or have renounced such trust or attorneyship, before the payment of such tax became due, -without having done it with a* design to avoid the payment thereof:—Provided always, That if such attorney or rrtniSt attorneys, trustee or trustees, shall within one year next after making such oath, again * become attorney or attornies, trustee or trustees, or act as such, he or they shall be 11a- ble to pay the said tax, as herein directed, any thing herein contained to the contrary notwithstanding, and for levying whereof, the same remedy shall be, and is hereby giv- en, as for levying the tax to become due by virtue of this act, on the proper estate or estates, of such attorney or attornies, trustee or trustees,-or other person or persons acting as such*- Sec. 10.. JLad be it further' enacted by the authority aforesaid, That in case any IaniF or other taxable property shall be found by the receivers to belong to any person or per- ^ r u nuj sons, residing without the limits of this State, and who have no attorney or" attornies» who have no trustee or trustees, legally constituted in this State,-or which have not been returned to any receiver appointed to the county where such lands are, "then, and in such case, the receivers shall be, and they are hereby authorized'and required to charge such lands and and the duty ot" blic rccciv* other property for the payment of the tax imposed? thereon, and-also for all taxes due* er & collector thereon by any former tax act, and forthwith once in every month, to publish and give* tllerein*' notice of such, charge or assessment in the gazette | -and in ease of non-payment of suclr taxes within six months, the said lands and other property shall be liable thereafter to' double tax, and to be proceeded against by attachment, in a summary way by the collec- tor, in the manner of distress and sale, and to make titles to the person or persons pur- chasing the same, and to pay the money, lawful charges only deducted, into the treasury: pr0visa> Provided, the owner or owners, his or her agent or attorney, shall not within twelve months* after such sale apply for the surplus ; and it shall be the duty of every tax collector, and lie is hereby required,-on the day on which lie shall come to a final settlement with the treasurer, or on the day when he is required by law to close his accounts, to make a re- turn on oath, which shall be certified and vouched for by at least two justices of the peace for the county, of all lands sold-by him for the taxes, specially setting forth the tax for which it was sold, the price It sold for, and the purchaser or purchasers; and in case of failure, such tax collector and his security shall be subject to a penalty of two thousand dollars, to ho recovered in any court having cognizance thereof^ to tlier use of the pi*o> secutor; and shall also be subject to an action at law for damages, by any person ag^- grieved thereby. - Sec. 11. Jlnd be it further enacted, That all persons whatever, who are possessed of any lands or slaves within this State, in his or their own right, or in the right of any F 234 LAWS OF GEORGIA, (No. 175.) other person, any ways liable to pay tax by -virtue of this act, shall pay in their taxes to the collectors that may be appointed to receive the same, in the manner hereinafter di- Persons to the collector; his duty in iv.se of default .Must Jtdver tise. His fees. pay taxes to reeted, on or before the first day of February next, and the respective collectors' receipts shall be held and taken as satisfactory $ and. if on the said first day of February, any person of persons shall he in default, the collector of the county where such default shall happen, shall immediately proceed against such defaulters by distress and sale (after due notice given of such sale, which in 110 case shall be less than twenty days advertisement in one of the public gazettes of the State, and stating the amount of assessment levied, or tax due by such person or persons) of goods and chattels, if any to be found, other- wise of the lands of such defaulter or defaulters, or so much thereof as will pay the taxes due with costs; but no sale of lands shall be made or be valid, unless two months notice thereof be given by advertisement in one of the gazettes of the State, which shall be regularly published until the day of sale; and in all cases to make titles to the pur- chasers of the property sold as aforesaid, and the said collectors respectively, shall, on or before the first day of June, in the year of our Lord one thousand eight hundred and six, close their accounts and deliver the same to the treasurer, for the time being 3 and after deducting five per centum, on all such taxes as they shall receive, pay the remain- sales of Knd n ^er *° ^ie sa*^ treasurer. And the tax collectors shall, at all sales of land for taxes, first offer such parts of such lands for sale as may be reasonably expected to produce the amount of tax due by the 'owner thereof, and if he shall not have a bid for such part of the said lands, he may then offer a larger quantity until he can produce bids to the « amount of the taxes due y and that no sales of lands hereafter, made by tax collectors of more than one tract or grant, belonging to or sold as the property of one person, or one What sales, company or society of persons, where such tract first sold shall have produced or amount- ed to the taxes due by such person, or 011 all the lands returned or represented as the property of such person or persons, shall be deemed and considered valid; but such sales are hereby declared to be null and void.. , Sec. 12.. And he it further enacted, That when any of the receivers of returns or ■Receiveishow collectors of taxes, shall or may discover that any land or slaves, or other taxable pro- whererr perty hath not been returned as in this act is pointed out, he or they shall summon three covers land or iVce-holders, residents of the district where such lands may lie, or property he, to aseer- other proper- 7 J A 4 ^ ty has not tain the quality of such lands or other property, and double tlic tux thereon, for which amount the collector is hereby empowered and required to levy, sell and convey in the Proviso. manner herein already mentioned:—Provided always nevertheless, That all lands or other property vested in commissioners or trustees for public use,, shall not come within Proviso. the purview of this act:—hid provided also, That no sale which shall be made under this act, 01 the property of orphans (having no guardian or trustee) shall have any effect. Axd whereas, it has happened and may frequently happen, that between the day of receiving the returns, and the day appointed for the payment of the said tax, many per- PASSED IN THE YEAR 1804, sons have left the district in which they reside, and have hcen returned by the collectors C^0, t75.) as insolvents, who had no property upon which the collector could levy and distrain Sec. IS. Se it therefore enacted by the authority aforesaid, That the collector in Collectors tcvery county shall he obliged to lay before the grand jury of each county, a list of ^Insolvents i sucli insolvents as may he in such county or counties, on oath, who shall allow or dis- ■allow the same- their county. Sec. 14. And be it enacted, That the taxes imposed by this act, shall be preferred to all ferrea|eJ0pau %securities and incumbrances whatever; and that in case any person or persons coming under "vt}1^v^bts the notice of this act, shall die between the time of giving in his, her or their returns to Duty ox col- .the receiver or receivers respectively, and the paying of his, her or their tax 5 and any esCwhere per- goods or chattels of the deceased, to the value of the sum taxed, shall come into the theses hands of his, her or their executors or administrators, or executors in their own wrong*, become due, such executors or administrators shall pay the same by the time before limited, prior to €CUtors & ad" all judgments, mortgages or debts whatsoever, otherwise a warrant of execution shall ^in^atc°arsses issue against the proper goods and chattels of such executor or administrator $ and if of deceased. ■ any person or persons, between the time of rendering the account of his, her or their Duty of col- 'estate to the receiver aforesaid, and the time of his, her or their paying in the said tax, lectors in cas- r ^ a ' es w£re pere shall be about to depart the connty in which he, she or they may have immediately then sons are about ..preceding residedj the said collector or collectors^ is, and they are hereby direct- before^hisTax ry the treasurer as in cases of dc- fault, on information thereof to the treasurer. Forney col- Sec. 36. And be it further enacted, That all former collectors in default, shall with- fault their du- in sixty days after the passing of this act; return a digest to the treasurer, and another out ^"dSest *° receiver of all monies received, or which they may receive from defaulters as afore- them received iathe manner herein pointed out, and on failure tliereor, shall be subject to exe- cution, and the penalties which collectors under this act are subject to. Justices «of court find jus. Sec, 27. And be it further enacted, That 011 the first Monday in January annually, peace to elect the justices of the Inferior courts and justices of the ^jpeace of the respective counties of PASSED IN TIIE YEAR JLSOi. this State, shall be, and they are hereby authorized and required to elect the receiver or (No. 175.) receivers of the returns of taxable property, (as the case may be) for the time being, Electors,"wl &nd collectors of taxes in their respective counties Sec. 28. And be it further enacted} That it shall be-the duty of the sheriffs of the the fiistMon- iluy in Janua- ry annually. SherifFs scl* respective counties of this State, and they are hereby authorized and required, when a lin^ty virtue sale shall have taken place under and by virtue of an execution issued by the treasurer give possessi- of the State, under the directions of this act, against any defaulting tax collector, and sokCS the property of such, defaulting tax collector,, shall have been sold for monies due the 1° dispossess . 0 by^iorfce, thd State, to deliver the possession of the property so sold, to the *■ purchaser or purchasers persoiniu. pos- thereof $ and if the said defaulter or any other person or persons who maybe in posses- e i0IU sion of the said property so sold* shall refuse t pay to the tax collector of the county where such agent, attorney, or representative may reside, all taxes due on the lands of such non-residents, for the said years 1802 and 1803,' and the tax collectors are hereby directed so receive the same.* Sec. 30. Andbe it further enacted, That it shall be the duty of the sheriffs in each putyofsheT county, to receive from the tax collector therein, all executions that may be tendered to ^ons^deSer- ed to them by collectors, £s?" their fees in See.act of 1809, No. 457, requiring lands to be given in by non-residents pr their attornies,. hi the county vrhere the land lies. such cases* LAWS OF GEORGIA, (No. 175.) him for taxes, ,and to levy and collect the same, and to make due returns to the said col- lector within thirty days after the receipt of each execution, where personal property is levied on, and where it shall he real estate sixty days ;• for which the said sheriff, shall" Duty of the receive such pay as by law is directed in cases of tax collectors executions, levies, and inferior court gales, and in case of default or neglect of duty, the "justices of each inferior court shall in,carrying- m _ u to effect this, "from time to time, on the application of the tax collector, make such rules and regula- tions as shall cause a due execution of the collection of the general and county tax in each; county as aforesaid.. ABRAHAM JACKSON, Speaker of the House of Representatives* JARED IRWIN, President of the Senate~ Assented to, December 12, 180& JOHN MILLEBGE, Governor (No. 176.) ^ r AN. ACT. To amend' Jin Act; entitled' « Jin Att, for regulating the inspection of Tobacco.'** w w it }ias |,een found by experience, that the laws heretofore passed, are. not sufficient to guard"against the fraud'and imposition, which too, frequently'takes plac&- in the execution of the inspection laws, and that the prices allowed for st6ring tobacco, is not sufficient to reward or compensate life different proprietors for the trouble and expense^ of keeping the ware-houses in sufficient repair.. Sec. 1. BE it therfore enacted % life Senate and House of Representatives of the State tor'w picker of Gebrgia in General Assembly met, That from and after the passing of this act, if any SaXSSe* inspector or inspectors, picker or pickers, belonging to any ware-liouse shall presume to tobacco-while purchase or manufacture any tobacco, within the time for which he or they is or are ap-* either office , . ^ pointed,, and being thereof convicted upon indictment in the superior court of the county, shall be incapable of ever after serving as inspector or picker, (as the case may be) in this State, and shall moreover be fined in-a sum not exceeding five hundred dollars, one"1 half to the.Informer, who shall prosecute, and the other half 'to the count#. To take an, Sec. 2. And be it further: enacted» That each inspector and picker, before catering on the duties-of Ms appointment,, shall: take and subscribe the following oath respective- ly, viz;— PASSED IN THE YEAR ISOS. 211 INSPECTOR'S OATH. (No. ire.) Oalh Picker's oalli, I DO solemnly swear, that I will diligently and cai^e fully view, examine and inspect all tobacco delivered me fa inspection at the warehouse, whereof I .am appointed in* spec tor, and that, not separate and apart from, bui in presence of my fellow, and that I will not receive any tobacco that is not in my judgment, sound, well conditioned, and merchantable, and clear of trash; and that I will cause to be burnt all tobacco which may be refused within two days after such refusal, and that I will not change, alter or give out any tohaceo, other than such hogsheads or casks for which the receipt to be taken was given; hut that I will in all things, well and faithfully discharge my duty in the office of an inspector, to the best of my skill and judgment, and according to the directions of this act, without fear, favor, affection, malice or partiality, and that X will not purchase or manufacture any tobacco during the time that I am appointed in- £pector, either directly or indirectly. So help me God, PICKER'S OATH. 1 DO solemnly swear, that I will carefully pick such refused tobacco that X may have charge of, and will faithfully, and truly make a return of the ncet proceeds thereof, Without waste or embezzlement to my knowledge, that I will not purehase any tobacco during the time that I am appointed picker, and that I will net be concerned in the man- ufacturing of tobacco, either directly or indirectly. So help me God. Sec. 3. And he it further enaeled, That the proprietors or owners of each ware proprjetois house, shall he entitled to demand and receive for the storage of each hogshead of tobac- what comgen- s&tion to rc* eo inspected at their ware house, the sum of thirty one and a quarter cents: Provided Cewe fbivthew the said hogsheads does not lay longer in- said ware house than one year j and for every warehouses- month after the year, the owners or proprietors shall he entitled to charge, demand and receive the sum of eighteen and three quarter cents, which duty of storage shall bepaid to the inspectors before the tobacco is removed from the ware house, and the inspec- tors shall pay over when demanded, to the proprietors or owners, the amount by them so received. « Sec. 4. And he it f urther enacted, That the inspectors of ware-houses shall he lia- ble forany loss, damage or injury, which the owner of any hogshead of tobacco deposi- iiaJefor°los3 ted in the ware house may sustain, at the suit of the party injured, unless it shall be ^ba^ry of made appear by the defendant that the loss, damage or injury was sustained by unavoida- ^ ble accident. And if any loss, damage or injury shall be suffered or sustained by the tors Habie to inspectors, from any neglect or omission by the proprietors, in not providing good and "ispcct015' secure houses for the safe keeping of all, tobacco deposited, the said proprietors shall be liable for such loss^ damage or injury to the inspectors. Gr2 IA"WS OF GEORGIA, (No. 176.) Sec. 5. >And be it further enacted, That all former acts, or parts of acts, contrary or ^ repugnant to this act, be and they are hereby repealed. "ABRAHAM JACKSON, Speaker of the House of Representatives. JAREB IRWIN, President of the Senate. Assented to, December 2, 1805. JOHN MILLEDGE, Governor. (No. 177.) AN ACT To amend an act, passed the seventeenth day of December, 1793, and an act passed the * + tenth day of December, 1803, regulating quarantine in the port of Savannah, and other places within the limits of the said city of Savannah. W HERE AS 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 Preamble, infected with contagious or malignant diseases, -to perform quarantine % and whereas doubts have arisen whether the said corporation is invested with such power under ex- isting laws, for the removal of which doubts, Sec. 1. BE.it enacted by the Senate and Mouse of Representatives of the State of Geor- gia in General Assembly wet, That from and after the passing of this act, it shall he of° Savannah" ^or ^ie corporation of the city of Savannah, whenever they shall have reason to sns- to stop vessels pect that any vessel or vessels, person or persons, has or have -sailed, or come from any arriving" in h port, until port or place infected, or supposed to he infected with any malignant or contagious dis- ptirifie^danCi order, by resolution or order to require and compel the said vessel or vessels, so arriv- ing, or person or persons to eome to anchor, or stop at any place by 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 yessels, person or persons, and until sufficient purification shall have taken place, and a certificate of the health officer obtained to that effect. Sec. 2, And be it further enacted by the authority aforesaid* That all and every part or parts of the above recited acts, not repugnant to this act, shall be and is hereby dc- dared to be in full force, ABRAHAM JACKSON, Speaker of the Mouse of Representatives. JARED IRWIN, President of the. Senate. Assented to, December 2, 1805. JOHN MIXXEDGE, Governor. PASSED IN THE YEAR 1805. AN ACT (No. 178.) To alter and amend an act, entitled, " An Act for the better regulation of the town of Sunbury." HEREAS the justices of the peace in the county of Liberty have neglected to hold an election for commissioners of the town of Sunbury, to the great injury of the said town—for remedy whereof, Preamble. Sec. 1. RE it enacted by the Senate and House of Rqjrescntatives in . An election 3 •> 1 for commissi- General Assembly met, That so soon as may be, after the passing of this oners to be act, the justices of the inferior court for the county of Liberty, shall be authorized and town of Sun- required to call an election for that purpose, giving ten days notice of the same at the most public place in said town. burv. Provision in case of future Sec. 2. And be it further enacted, That in case of failure at any future period to elect commissioners on the day pointed out by the above recited act, it shall be the duty failures to of the inferior court, on being informed of such failure, to advertise an election as holli cle ' ° commission- to act, of any of the said commissioners, his excellency the governor is hereby author- ers how to be ized and empowered to appoint some other person or persons in his or their room. filled. Sec. 3. And be it further enacted, That the commissioners so appointed, shall have byc^}vsm^e full power and authority, over all streets, allies, lanes and wharves, and to make such bye-laws and regulations, and inflict and impose such fines and forfeitures as shall be conducive to the good order and government of the said town, provided such bye-laws and regulations be not repugnant to the laws and constitution of the Stale. Sec. 4. And be it further enacted, That it shall and may be lawful for the said com- May levy a • • for the uss missioners or a majority of them, yearly and every year, to make, lay and assess a rale of the said or assessment upon all and every person or persons who do or shall inhabit, hold, use, towu* occupy, possess or enjoy any lot, ground, bouse, building, tenement or hereditament within the limits of the town of Darien, for raising such sum or sums of money as the said commissioners or a majority of them shall judge necessary for and towards carrying this act into execution; and in case of a refusal or neglect to pay such rate or assess- Manner of ment,. the same shall be levied and recovered by warrant of distress, and sales of the collecting said tax. offenders goods, under the hands and seals of the said commissioners or a majority of them* Sec. 5. And be it further enacted, That the commissioners or a majority of them are hereby authorized and empowered to appoint a clerk, treasurer and constables, (affix- theiTcwaofti- ing the salaries and fees of such officers respectively) as shall appear to them requisite and necessary, for carrying into effectual execution all the bye-law s, rules and ordinan- ces they may make, for the good order and government of the said town and the persons' residing therein. ABRAHAM JACKSON, Speaker of the House of Representatives. JARED IRWIN, President of the Senate* Assented to, December 2, 1805. eeis. JOHN MILLED GE, Governor. LAWS OF GEORGIA# (No, 181.} AN ACT To establish a ware house and inspection of Tobacco on lands of John D. Terrell on Tugaloe river, in Franklin county. Sec. 1. gf% K it enacted by the Senate and House of Representatives of the State of ipeotionStab Borgia, in General Assembly met, That there shall be an inspection of tobacco and a liihedon lands ware house established on lands of John D. Terrell, on Tugaloe river, in Franklin of John D. 0 Terrell, iA county, on the Bluff which borderjs on the Indian shoal below Mullin's ford, the place to Franklin coun ty. be called Wilton, Cosnmisw- Sec. 2. And be it further enacted, That James II. Little, Thomas P. Carnes, Lark- ecFto lay offa bn Cleveland, and John D. Terrell, he appointed to lay off the same ,* which said ware samefol" ^ ^ouse be subject to such rules and regulations as other ware houses in this State »0W are, or hereafter may he, ABRAHAM JACKON, Speaker of the House of Representatives. JARED IRWIN, President of the Senate, Assented to, December 3, 1805. JOHN MILLED GE# Governor. nJ AN ACT (No. 182.) To repeal an Act, entitled " An Act to establish an academy, or seminary of learn ing at Sunbury, in the county of Liberty 90 far as respects commissioners. preamble. HEREAS the said act authorized an addition of two commissioners to the for- mer number, in consequence of which, great injury will result to the institution. Sec. 1. BE it therefore enacted by the Senate and House of Representatives in General Assembly met, and by the authority of the same, That from and mi»sioneia°To a^er *be passing of this act, the number of commissioners shall be but five, and Sunbury aca- and that those h>e now in office, or a majority of Ch em, shall have all the powers to demy' act in all'things respecting said academy, that were given the former seven commmis- sioners. PASSED IN THE TEAS 180S. 2*7 Sec. 2. And be it further enacted, That so much of the before recited act, as may (No. 182.) militate against this act, be and the same is hereby repealed- "ciausePe^l nS ABRAHAM JACKS OX, Speaker of the House of Representatives* JARED IRWIN) President of the Senate. Assented to, Decembers, 1805. JOHN MILLEDGE, Governor. AN ACT* (No. 183.) To authorize the justices of the inferior court of Franklin county, to lay an extra tax for the purpose of bail ding a court-house and jail in said county, and making * permanent the seat of the public buildings in said county. ®BC* B E it enacted by the Senate and House of Representatives of the State of Geor- p^nk" gia, in General Assembly met, That the justices of the Inferior court for the county of lin county for Franklin, are hereby authorized to impose a proportionate extra tax on the inhabitants E^!"1 build" of said eounty, annually for the term of three years in succession, not exceeding one moiety of the annual general tax, 'which said tax "shall be collected in the same manner as the general tax; out of which sum, the tax collector shall be entitled to receive two and one half per centum for his services and th,e monies so arising from the extra tax, as aforesaid, shall be appropriated as a part of the county funds, for the special purpose of building a court house and jail in said county. The build- Sec. 2. And be it further enacted, That the justices aforesaid, shall within six months "ings to be let, from the passing of this act, let the said buildings by public outcry to the lowest the site, bidder, at the place contemplated, for said buildings to be erected, which shall be at Carncsville, after giving twenty days public notice, any law to the contrary notwith- standing. » ABRAHAM JAtJKSON, Speaker of the House of Representatives. JARED IRWIN, President of the Senate. v Assented to, December 3, 1805. JOHN MILLEDGE, Governor. * See act of 1806, No. 224„ altering and repepealjng1 this act. I.ATTS OF GEORGIA, - T"1 ~~ — ■ . —— ' ■' (No. 184.) , AN ACT *4 «Tq *increase the funds of the Independent Presbyterian Church in the city of Savannah* Preamble, W Vf XIEREAS the Independent Presbyterian Congregation of the city of Savannah, did, under the provincial government^ obtain in the said eity a lot, known in the plan of said city, by letter K. to build tliereon a church to be denominated the Independent Presbyterian Church, which was accordingly built and remained dedicated to the serviee of the Almighty God, until the same was destroyed by tire. And whereas, there is not at present any successors, of the original trustees of said congregation alive, .authorized to- take upon themselves the charge and care of said church lot, and execute religious objects and desires of said congregation, excepting Barrack Gibbons, esq. who has the uneontrouled government, management and diposi- tion thereof* Commission- ^ therefore enacted, That Joseph Bryan,, and Josiah Gibbons Telfair, he, and ers -appointed they are hereby appointed as trustees in aid and addition to the said Barrach Gibbons, ers. eir P°W to continue in office, to enerease the funds and to rebuild the church on lot K. to he denominated and known by the Independent Presbyterian, Church in. the city* of Sa- vannah.^ * ABRAHAM JACKSON, Speaker of the House of Representatives« JARED IRWIN President of the Senate. Assented to, December 3, 4805. M JOHN MILLEDGE, Governor. AN ACT (No. 185.) ait;er and change the name of Tlioma$ Kyes, to that of Thomas Men* HERE AS by the petition of William Allen, it doth appear that he hath lately inter- Preamble. 1married with Sarah Kyes, the mother of a male child, known by the name of Thomas Kyes, of which child he is the reputed father; And whereas it is the wish of said Allen, that the name of the said child, be altered and changed to that of Thomas Allen. * See act of 1806^ No. 249. SectioU^fli repealing this aft. PASSED IN THE YEAH 1S05. m BE it therefore enacted by the Senate and House of Representatives of the State of (No. 135.) Georgia, in General Assembly met, and it is enacted by the authority of the same, That ThomasXye's from and after the passing of this act, the said child new called Thomas Ryes, shall name chafed be called and known by the name of Thomas Allen. ABRAHAM JACKSON, Speaker of the Douse of Representative#* JARED IRWIN, President of the Senate, Assented to, December S, 1805. JOHN MILLED GE, Governor. AN ACT (No. 186.) To alter and change the name of Daniel Sharp, to Daniel Nune%» HERE AS Daniel Sharp of Burke county, by his petition to the legislature, set- ting forth that he is the son of Mary Sharp, deceased, by his reputed father Samuel Nunez, and praying that he as well as his wife Nancy may bear his name, BE it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and by the authority of the same, That from and immediately after the passing of this act, it shall be lawful for the said Daniel Sharp, and his wife Nancy, to take, be called, and known by the name of Daniel Nunez and Nancy Nunez. ABRAHAM JACKSON* Speaker of the Douse of Representatives; JARED IRWIN, President of the Senate. Assented to, December 3, 1805. JOHN MILLEDGE, Governor, Hi LAWS OF GEORGIA* (No. 187.) AN ACT To authorize the justices of the inferior court of the county of Tfrilke si, to levy u/id collect an extra county tax, for county purposes. IIEREAS the public jail of Wilkes county stands in need of considerable repairs? Preamble. an(j JLD3S it enacted by the Senate and House of Representatives of the Stale of crt" Georgia, in General Assembly met, and by the authority of the same, That the act to to raise a tax for the support of government, for the year one thousand eight hundred and five, with the amendments hereinafter expressed, he, and the same is hereby decla- red to be in force until tlie meeting of the next General Assembly, and from thence until the same shall be repealed. Clerks of the Sec. 3. And be it further enacted by the authority aforesaid, That the clerks of the courtsnot al suPeri°r courts shall not be at liberty to receive any return of taxable property as direc- lowed to rc- ted in the before recited act ,• but it shall be the duty of the clerks of the inferior courts in the different counties, at any time before a digestof the taxes shall he completed, (and not after) on application on oath, which shall be the same and administered by the said ceive returns, but inferior court clerks may. ~-their duty, clerk, as pointed out in the act aforesaid, and shall keep a regular list of the names and property of the person or persons so giving in, and by him to be returned in the digest deposited in his office, and a certified copy to the receiver of tax returns by him to be entered in the books to be put in the hands of the collector and deposited in the eomp- troller's office.* Sec. 3. And be it further enacted by the authority aforesaid, That there shall be a tax of two and an half per cent,| levied and collected on the amount of eapital of any Bank stock band or banks, office or offices of discount and deposit within this State, and the further duty of recei- sum of one half percent, on the amount of bills issued from any such bank or office of l^ctorTln^s" discount and deposit, over and above the amount or eapital as aforesaid, which shall be 3c*sing- and returned on oath by the cashier or directors thereof, and collected and paid into the trea- collecting- the „ ....... jame sury of this State, by the tax collector of the county in which such bank or office of discount and deposit is or may be established, in the same manner as pointed out in and by the aforesaid act, and if the cashier or directors of any such bank or office of dis- count and deposit, shall neglect or refuse to give in the amount of capital, or bills as aforesaid, it shall be the duty of the receiver ©f tax returns and the collector of taxes, to proceed against such cashier or directors in the same manner as against persons ira * See act of 1808, No. 340, section 1, supplemental to this section. f See act of 1806, No. 222, reducing this tax upon bank stock, to 31 1-4 cents per hundred dollars, on the amount of capital—provided the directors will return the same to the receiver, and see act also of the same year. ISTo. 267, section 6, establishing unconditionally this sum as a tax on said bank. PASSED IN THE YEAH ISO*. default, or who have neglected or refused to return the amount of taxable property by him, her or them claimed, and if no property can be found belonging to the proprietors or share holders of such bank or office of discount and deposit, whereof the amount of tax can be levied as returned by the cashier or directors, or assessed by the receiver of tax returns in ease of default, the cashier and directors of such bank or office of discount and deposit are hereby declared aud made liable and answerable in their own* private capacity, and the tax collector is hereby authorized and required immediately to pro- ceed by levy and sale, as pointed out by the aforesaid act, against the private property, such easliier and directors,- until the whole amount is collected.^ Sec. 4. A nd be it further enacted, That the collectors of taxes for the counties of Wayne, Wilkinson, and Baldwin, shall give bond with sufficient security as follows : For the county of Wayne, in the sum of one thousand dollars; for the county of Wilkinson, in the sum of four thousand dollars; and for the county of Baldwin in the sum of five thousand dollars, and shall subscribe and take the oath as laid down by the said tax aet, and the receivers of tax returns for the said counties, shall give bond and sufficient security in the sum of two thousand dollars, to be taken by the justices of ther inferior courts of their respeetivecounties,•which said tax collectors-and receivers shall be appointed by the justices of the inferior courts of the said counties, on the first Mon- day in January next, and all lands lying within the said counties, shall be subject to the said taxes as other lands of the same quality in the adjacent counties. ABRAHAM JACKSON, Speaker of the House of Mepresentatives* JARED IRWIN, President of the Senate- Assented to; December ft* 1805. JOHN MILLEDGE, Governor.- AN ACT {No. imy, To repeal the latter part of the sscond section of the act to make distribution ef the late cession of land obtained from the Creek nation by the United States9 commissioners s- in a treaty entered into the 16th day of June, 1802, and the 3d section of an act to compel trespassers on the lands south of the Oconee, lately ceded by the Creek Indiansr to return within the settled limits of the State, Be it enacted by the Senate and House of ^Representatives of' the State of Georga, in General Assembly, met, and by the authority of the same, That the latter (No. 192.) ta certain coses of de- fault the cash- ier and direc- tors liable in- dividually. Collectors in, Wayne, Wil- kinson and Baldwin, to gave bond and security, how much in each county. Receivers al so in whatsum When botfcC- shall be elect— ed. 256 LAWS OP GEORGIA, (No. 193.) part of the second section of the act to make distribution of the late cession of land oh- Part of the tained from (he Creek nation, by the United States' commissioners, in a treaty entered distributing2' lat® at or near Fort Wilkinson, on the sixteenth day of June, 1802, that is to say, the landa ob- « reserving nevertheless, to the "fortunate drawers, respectively, of the tracts or sec- the Greek na- *' tions of land adjacent to such fractional parts of surveys or islands, a preference for t.on repealed: twelve months from and after the completion 0? the drawing of (he lottery contem- " plated by tliis act, and the right to purchase such fractional parts of surveys or islands at sueli rates as may he stipulated by law, except such islands as contain above one the"^ct^rela- " hundred acres, which shall he drawn Tor iii the manner pointed out by this act;'* tive to trespas and the third section of the act to compel trespassers on the lands south of the Oconee to lands also re- return within the settled limits of the State, he and the same is hereby repealed. pealed. ABRAHAM JACKSON, Speaker of the House of Representatives* . JARED IRWIN, President of the Senate* Assented to, December 5, 1 «CS. JOHN MILLED GE, GOVERNOR. AN ACT To authorize the justices of the inferior court of the county of Greene, to lay an extra tax for the purpose of erecting a court-house and jail, and establishing the site thereof in the town of Greeriesborough. (No. 194.) Sec;. 1. it enacted by the Senate and House of Representatives of the State of . Georgia in General Assembly met, That the justices of the inferior court for the county of Greene, are hereby authorized and required to impose a proportionate extra tax on Extra tax ^ie respective inhabitants of said county, annually for the term of three years in succcs- allowed sioii not exceeding the one half of the annual general state tax of each inhabitant, which Greene for . , ° county purpo- said tax shall be collected in the same manner and under the same restrictions, as are laid down for the collection of the general tax of this State, and when a sum so collected shall amount to five hundred dollars, it shall be the duty of the justices aforesaid, to contract with some fit and proper person or persons, to build a convenient eourt-honse, and a sufficient jail in said county, and. the monies' so arising from the extra tax as aforesaid, shall be appropriated for the special purpose of paying for and compleating the aforesaid buildings. IASSED IN THE YEAR 1803, 25r Sec. 2, And be it further enacted, That the site of the said court house and jail, (No. 19i.) shall be, and the same is hereby established in the town of Greenesborough. th^sfte ofpub lie buildings. ABRAHAM JACKSON, Speaker of the House of Representatives. JARED IRWIN, President of the Senate. Assented to, December 5, 1803. JOHN MILLEDGE, Goveenok. AN ACT* (No. 195.) To amend an Act, entitled " an Act to regulate escheats," Sec. # enacted by the Senate and House of Representatives of the State of Thedutyof Georgia, in General Assembly met, and it is enacted by the authority of the same, That the court of from and after the passing of this act, it shall be the duty of the court of ordinary death^fan^ when any alien, resident or non-resident, shall depart this life, intestate and without heirs in this State or the United States, to cause the estate and effects of such alien, with- heirs, out delay, to be safely collected, and a just and true inventory and appraisement there- of to be made, and after giving twenty 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 manner hereinafter .mentioned* Sec. 2. And be it further enacted by the authority aforesaid, That after such sale .as above mentioned, shall have taken place and the proceeds paid into court, it shall be the duty of the said court of ordinary, and the said court is hereby required to cause public notice to be given by advertisement for the creditors of such deceased, to come forward within twelve months after the publication 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 due such .creditors, and shall pay and satisfy each of the said creditors in whole or in part, as the estate of the deceased will admit, and the overplus, if any, shall be, after such pay- ment as aforesaid, shall be disposed of as is directed by the escheat law. What to be done with the money arising from the sale of his effects. 12 months notice to be given credit- ors. To pay them in proportion to die funds. * This act and the act ot 1801, amended and explained by act el 1810. No. 556. I 2 LAWS OF GEORGIA, (No. 195.) Sec. 3. And be it further enacted, That the. several escheators of this State, who to deTiverover have or may hereafter have or receive any monies arising from the sales of such estates ^urt^l^mo as af°l*esa*d, shall upon the requisition of tins court of ordinary of the county, pay such nies they have monies into the said court within twenty days after'he shall be required so to do by the virtue*of the said court; and in default thereof, shall forfeit and pay double the sum uliicli such lawsereSCheat eseheator shall have received and have in his hands as aforesaid, to be recovered by action of debt in any court having jurisdiction thereof. rhp«al'ng Sec. 4. And he it further enacted, That the act " to regulate escheats," so far as the clause. same militates with this act be, and the same is hereby,repealed* ABRAHAM JACKSON, Speaker of the House of Representatives. JARED IRWIN, President of the Senate. Assented to, December 5, 1805. JOIIN MILLED GE, Governor. (Jfo. 196.) AN ACT To repeal an Act entitled " An Act, for inflicting penalties on, and confiscating the a- tales jef 6iich persons as are therein declared guilty of treason, and for other purpo- ses therein mentionedso far as relates to the banishment of John Boykin, sen'r. John Boy- JSe it enacted by the Senate and House of Representatives of the State of from confisca? Georgia, in General Assembly met, and by the authority of the same, That so much of ishment bai> ,£,ie before recited act as respects the banishment of John Boykin, sen'r. of Scriveit county, be and the same is hereby repealed, ABRAHAM JACKSON, Speaker of the House of Representatives* JARED -IRWIN, President of the Senate, Assented to, December 180& ,JOHN MILLED GE, Goyeknoh, PASSED IN TIIE YEAll ISO*. AN ACT ' Or°- 107-J To alter and amend an act respecting Vendue-Masters, so far as to authorize the ap- pointment of another Yendue-Master in the city of Augusta, and in the toxvn of St* Mary. HERE AS it is represented to the legislature, that it is necessary to increase the Prcamb-'-" number of Vendue-Masters iu the city of Augusta, and in the town of St. Mary. RE it therefore enacted by the Senate and House of Representatives'of the State of stAJf^yga^ Georgia in General Assembly met, That henceforward the said city of Augusta and town of lowed anoth- er Vendue- St. Mary, shall be entitled to have two Vendue-Masters, to be appointed by joint resolution master each- of botli branches of the legislature, and who shall in all respects proceed and conduct themselves in conformity to the acts heretofore passed for regulating vendues, for and during the time they may he in office* ABRAHAM JACKSON,- Speaker of the House of Representatives* JARED IRWIN, President of the Senate Assented to, December 5, 1S05- JOHN MILLEDGE, Governor,. AN ACT (No. 198.) To alter and amend an Act, entitled an Act to curpy into effect the sixth.section of the third article of the constitution, and to amend an Act entitled an Act to carry into ef- feet the sixth section of the fourth article of the constitution, touching the distribution of intestate estates, directing the manner of granting letters of Administration, letters Testamentary, and Marriage Licenses, and to prevent entails, passed on the 16th day:' ef February, 1799.- Sec. l.. Jqj £ if enacted Iny the Senate and Hons# of Representatives of the State d.^ourt^ofor. of Georgia in General Assembly met, That a court of ordinary be held in every county every two of this State, on the first Monday in January next, and on the first Monday in every se- mencing on cond month thereafter; and if it shall be thought necessary by such court; at any term qL^ LAWS OF GLOltUlA, {No. 198.) thereafter, it* pay adjourn to the first ^Monday* in the month thereafter; except the county of Camdeh, where it shall he the duty^of the justices of the inferior court to hold U court of ^ordinary immediately hfter the adjournment of the inferior court of said county, and to adjourn said court of ordinary to such time as they may deem necessary. W Seu. JLnd he it further enacted, That no administrator shall Jbe allowed to sell Negroes not any slave, or slaves, belonging to the estate of his intestate, but where the other per" to tie sold, un- M \ , t . •. less otter per- sonal estate, together with the hire of such slave or slaves for twelve months, shall he wiiinoif satisu* insufficient to discharge the debts, due by the estate, or where one or more slaves shall wherfthey°r be .subject distribution, and "an equal division thereof camiot he made in kind, it shall cupaot be di- he lawful for the court of ordinary, by which administration was granted, to direct the vidcdbctwccu N ^ distributees, sale of such slave or slaves, Provided always, that such distributee, jor his, her or their guardian shall receive twenty days notice> in writing, previous to the granting of such order, to shew, cause.if any he or they can,, against such sale. T Adminlstra- Sec, 3. JLnd; he it further enacted, That from: and after the passing of this act, it ^•operty"tUP shall he the duty of all administrators, of sales to be made by them, to put up the pro- sales to the pertyto be sold in such manner and quantity as shall he deemed hiost advantageous to; best advant- , * - ' * age- said estate.,, r tS£c. 4, JLnd he it furtJier enacted by the authority aforesaid, That the said courts of How and i?n ordinary upon application made by any administrator, guardian or distributee, of any itates'ar^to estate* after the expiration of two years from the date of such letters-of administration, be distributed shall appoint three or more freeholders of the county in which such application shall be made, whose duty it shall he to divide the said estate, subject to distribution into as many parts or shared 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 his, her or their guarilian, or legal.representative,, tlie .said, distributee or his or their guardian or legal representative first giving bond and approved security to the said administrator, to refund his or her proportionable.part, of any debt which may he afterwards established against tlie said estate,, antl the costs attending the recovery of. such, debt, Provided al~ Proviso. . ways, the party feo applying shall give to all the parties in. interest, written notice there- of twenty day she fore the meeting of tlie eourt at which, the said application, is made. JLnd provided also,^That the persons so making distribution, shall he previously sworn Prqylso, to make the same according to justice an! equity, without favor or affection to any of the parties, to the best.of their skill and understandings T Securities to ®EC; & he it further enacted; That wheneverjsecurities for executors,, admini- s^ra^ors or guardians, conceive themselves *in danger of suffering thereby, and petition. or guardian the court of ordinary for relief^ the said court shall cause the executor, administrator, iyw to be, rej — —J—«— — —— ■ ■ ■ - fifcrevlio may obtain such establishment, order or leave, to keep a good and sufficient ferry-flat oif bridge, and to give due attendance thereat, and if any dam- rhose — uch establish nen't is made, lourtd -to keep t in repair. •PASSED IN TIIE YEAH 1805. 283 age should happen to any person or persons by reason of the insufficiency ef such Hat or (No. 200.) bridge, the non-attendance or neglect of the ferryman or keeper of such bridge, the person so aggrieved or damaged, shall and may have and maintain an action against the owner of such ferry or bridge. Sec. 3. And he it further enacted, That any two of the justices of the district in the eoun- iy where such ferry or bridge may be established, on complaint to him or them by any g^n'to^the person, that may have sustained damages by reason of non-attendance, neglect orinsufli- ^ eieney of the fiat or bridge, to an amount not exceeding thirty dollars, which infor- of neglect or mat ion shall be made on oath, to cause the owner of such ferry or bridge, to appear suXestablish at the next justices court of the district where sueh ferry or bridge may be, to anstver tnent- the plaintiff's complaint, which shall be fully set forth in the warrant, and also the day on which such injury took placej and the justices before whom the same may be tried, shall cause five disinterested persons, to be empannelled and sw orn as jurors, to whom such case shall be submitted, and their verdict shall be the judgment of the court, and such pro- - ceedings shall be had thereon, as in other cases; Provided that w hen any person considers proviso, himself aggrieved or hath sustained damages, tj^an amount exceeding thirty dollars he, she or they so considering themselves aggrieved or damaged, may have and maintain in the superior or inferior courts of the county, an action against the ow ner of such ferry or bridge, and shall recover thereon, the amount which the jury trying the cause may assess. Sec. 4. And be it further enacted That the inferior court ef Liberty county, be and they are hereby authorized to permit the erection of a toll bridge over the river Canouchee, cross the^Ca- vouchee river* at the place known by the name of Well's feg$y, on Nathan Smart's land as to the said court shall seem most proper, and to fix the rates of toll, which shall be paid by pas- sengers; and the owner or the proprietor of such fridge, shall be subject to the same restrie- tions and regulations as are herein before prescribed, for the owners or proprietors of for- Proviso, ries or bridges ; Provided, That nothing herein contained shall be construed to extend to defeat the claim of any person to the land on either ^ide of said river. No ferry to Sec. 5. And be it further enacted by the authority aforesaidf That no ferry shall be es- at anyb pkee iablishe'd on any stream or water course, over which bridges are now erected, at the ex- where there is pense of any county or counties £ Provided nothing herein contained shall extend or be bridge) and construed to extend, to prevent 'the erection of bridges at public expense, at places havc^nght other than those where bridges are now established, ^serect otl1" ABRAHAM JACKSON, Speaker of the House of Representatives* JARED IRWIN President of the Senate, Assented to, "December 6, 1805. JOHN MILLED GE> Goveknoe. 26% TAWS OF GEORGIA- (No. 201.) AN ACT ' To divorce James Erown and Abigail his wife. HEREAS it appears that the parties in the above recited ease, have had a fair Preamble, trial in the superior court, and a verdict hath been obtained authorizing' a total divorce therefore. c James ftr°\vn Sec. 1. BE it enacted hj the Senate and House of Representatives of the Slate of vorced. Georgia, in General Assembly met, That from and after the passing of this act, the matri- xnonial connexion or civil contract of marriage made between the said James Brown and Abigail his wife, shall be completely annulled, set aside and dissolved, as fully andcffectu- .ally, to all intents and purposes, as if no such contract had ever heretofore been made or entered into between them. Slie declar- Sec. 2. And he it further enacted, That the said Abigail Brown is hereby declared1# eda feme sole feme sole, and she shall not in future be alio wed on any pretence whatever, to charge the charge°him in sa^ James Brown, his heirs, executors oi%dministrators, or his or their estate, with any any manner, debts or dues, of her contracting, or ^ith^ actions of or for damages, for or on account of any tort, trespass or damages whatever, which shall be hereafter committed or done by the said Abigail Brown. f Sec. 3. And he it further enacted;, 'That the said Abigail Brown .and James Brown in future, be deemed and considered as "'distinct and separate persons, altogether unconnected by any mistical union or civi^ontraet heretofore entered into between them: Provided, that the said Abigail Brown, shall ber entitled to all the estate, real and per- Protiso. sonal, not now disposed of, that she brought into -the family at the time of their inter- marriage. * ABRAHAM JACKS6Sr, Speaker of the House of Representatives* JARED IRWIN, President of tfie Senate. * m Assented to, December 6, 1805. * JOHN MILLEDGE, Goveexoii, PASSED IN THE YEAR 1805. 5565 AN ACT (No. 202.) To establish the number of commissioners for the town of Milledgeville, and to extend and define their powers. Sec 1 Br** J3E it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and by the authority of the same, That co^i"1s^of from and after the passing of this act, the number of commissioners for the town of ers for Mil. lcdfcTeville cs* Milledgeville, shall not exceed five, and that they be appointed by joint ballot of both tabiished'and branches of the legislature, and they or a majority of them shall be, and they are here- p^ted™ ap" by vested with all the powers heretofore vested in the seven commissioners appointed by an act of the last General Assembly of this State. Sec. %. And be it further enacted by the authority aforesaid,. That from and after the To conusor passing of this aet, the said commissioners shall be, and they are hereby authorized and empowered to contract for the building a State-House, (which shall be of briek and according to the plan approved of by this legislature) in the town of Milledgeville, to such person or persons, and upon such terms as they in their judgment may think fit; provided the expense of said building shall not exceed sixty thousand dollars; the said Nottocjsv commissioners taking bond with good security from the person contracting, in the sum 60,000 dollars of forty thousand dollars, for the faithful execution and performance of the work, on or before the first day of Oetober, i807». Sec. S. And be it further enacted by the authority aforesaid, That the said com- iv Uveth-. missioners shall have the superintendanee of all the public property within the limits of p^biic pripe • the town of Milledgeville, and shall make such regulations for the security and preser- ty in rthc hm- vation thereof, as they may deem most conducive to the welfare of the said town, so tcuvn.* that the same be not contrary to the constitution or laws of the land. Sec. 4. And be it further enacted by the authority aforesaid, That the said com- To lay offotb missioners be, and they are hereby authorized and empowered to lay off lots in addition ^°ts m saul to those already laid olf in the said town of Milledgeville, and to sell sueh as in their judgment the pubiie interest may require, provided they do not exceed one hundred,# in the same manner, upon the same terms, and subject and liable to the same provisions and conditions, as in the act of the last legislature, is set forth for regulating the sales of the lots in said town. Sec. 5. And be it further enacted by the authority aforesaid, That all mo- Monies, nies, bonds or notes, arising from the sale of lots in the said town of Milledgeville? arising- from the sale of lots, what to * Authorized by aet of 1810, No. 533, to sell twelve more lots, and the mode of payment pointed out. be done with. K 3 266 LAW8 OF GEORGIA, (No. 202.) shall be, by the commissioners aforesaid, deposited with the treasurer of this Slate, whose duty it shall be safely to keep the same, subject to the further order of the legislature of this State. Sec. 6. And be it enacted, That if accommodations in the judgment of the commis- commissioners to notify his Excellency the Governor thereof, and his Excellency by proclamation to require the meeting of thenejt General Assembly thereat. To report the state of a'-commoda- rion for mem- sioners, ean be had for the members of the next legislature, and the State-House in liters m said town, and the such state as to admit the next session to be held thereat, it shall be the duty of the fitness of the State-House to the Gover- nor, for tire next General Assembly. g£C^ ^ ar^ier enacied iy tfie authority aforesaid, That so much of the act entitled an act to make the town of Milledgeville the permanent seat of government of this State, and to dispose of a certain number of lots therein, passed the 12lh December, 1804, as militates against this act, be, and the same is hereby repealed. ABB AH AM JACKSON, Speaker of thq House of Representatives, JARED IRWIN, President of the Senate, Assented to, December 3, 1805. JOHN MILLEDGE, Goverxob. Repealing- clause, (No. 203.) AX ACT To revise and amend an Act, entitled an Act, to alter and amend an Act, to empower the inferior courts of the several counties within this State, to order the laying out the public roads, and to order the building and keeping in repair, the public bridges, pas- sed at Louisville, 10th December, 1803, so far as respects the counties of Bryan, Liberty, M'Intosh, Glynn and Camden, Sec. 1. E it enacted by the Senate and House of Representatives of the State of Owners of slaves to give a list of the Georgia in General Assembly met, and by the authority of the same, That all owners, hands-on managers or employers of male slaves, within their several districts or divisions, shall overseers ^ w^en summoned, deliver to the person summoning him, her or them, a list in writing of all male slaves from the age of eighteen to fifty years, signed by such owner, mana- ger or employer, under a penalty of one hundred dollars; which list, the person or per- •sons summoning, shall deliver to the commissioners or surveyors of such districts or PASSED IN THE YEAH ISoA »c: divisions, on or before the day to which they are summoned to appear. And the said (No. 203.) commissioners are empowered to swear any owner, manager, employer, or summoner, giving, receiving or delivering such list, to the truth thereof, and of such service having been duly made; and the person or persons summoning as aforesaid, shall be exempt from his or their personal labor or attendance iir such districts or divisions, for that tour of duty. Sec. 2. Be it further enacted by the authority aforesaid, That in case any person or persons -y- persons appointed to summons as aforesaid, shall neglect or refuse so to do, such per- summons, pen son or persons shall severally forfeit the sum of thirty dollars for every such offence. al'.y fur neg-- lecting- their duty. Sec. 3. Jlnd be it further enacted, That the cut-off in the county of M'Intosh, known General's by the name of the general's cut; shall henceforth be deemed and considered as a part tosh/dedfiml of the public highway, and that the commissioners of said county are hereby authorized J. t!?'" to apportion such number of hands from the district or districts of said county, as they in their judgment shall deem expedient, to open and keep in repair the said cut-off, for the conveniency of the passage and repassage of boats. Sec. ■&. Be it enacted by the authority aforesaid, That captain John Holmes, John Giguiliiat, esqr. John Grantham, captain Sneed, John Fort and Thomas Armstrong, Commissi- be, and they are hereby appointed commissioners of roads for said county, whose duty JJ'eM°^toshS it shall be, immediately after the passing of this act, to convene agreeable to law, as point- ^d—andPam ed out in the before recited act, and proceed to lay out a road as follows, to wit: begin- new road laid ning at the causeway, on New-Hope creek, on the south side of the south branch of the Alatamaha, taking the most direct route, so as to intersect the post-road at captain Ty- prov:so son's, leading from Fort Harrington to St. Mary 5 Provided nevertheless, that nothing herein contained, shall be construed to prevent the working on, and improving the road at present leading to Fort-Harrington, at the discretion of the commissioners or a majority of them, who shall observe and conform to the several sections of this and the before recited act, regulating commissioners in laying off districts, and apportioning the labor, as herein before pointed out. Certain privi- leges allow- ed island in- habitants. Sec. 5. And be it further enacted, That all persons liable to perform road duty, resi- ding or being on any island, that the commissioners* in the county having jurisdiction over them, shall order and compel them to perform the duty required of them, on such district of road, as they may deem proper, and where the distance from their residence to the district to w hich they have to repair si tall exceed ten miles by water or land, that then, and in that case, they shall be allowed one day for going to, and returning from such place of working. Sec. 6. And be it further enacted, That nothing herein contained, shall be construed not to *oik to compel white male inhabitants, so far as it respects the county of Camden to perform u> <.-0 Tmtd personal labor on any road whatsoever \ but to attend armed and accoutred as militia lS Inhabitanu. of Camden LAW S OF GEORGLt, (No. 205.) men, and be subject to such rules, orders and regulations, as the commands..; i ulcer of the battalion may prescribe or deem necessary, except such as the commissioners may appoint as overseers, to manage and superintend labor on said roads. bePapp°oitefi ®EC* 7- And be it further enacted by the authority aforesaid, That the commission- 3.3 constables ers of each district, or a majority of them, shall have full power and authority to ap- tfidr..1 *a point any person or persons within their respective districts, who shall act as constables in executing warrants under their hands and seals, for the recovery of fines and forfei- lures incurred by this act, who shall receive the same compensation as is allowed in such cases to constables by law; and if any person so appointed, shall refuse or neglect to perform the duties required of him as constable, that for each and every refusal or neglect, they shall severally forfeit the sum of thirty dollars. clause.1 eal n^ Sec. 8. And be it further enacted by the authority aforesaid, That the amendment of the road act, passed the 12th day of December, 1804, at Louisville, be, and the same is hereby repealed; and that so much of the act passed the 10th of December, 1883, as is contrary to this act, be also repealed, so far as respects the aforesaid counties.^ ABRAHAM JACKSON, Speaker of the House of Representatives. JARED IRWIN, President of the Senate. * Assented to, December 7, 1805. JOHN MILLEDGE, Governor. AN ACV To amend an act to carry into effect the sixth section of the third article of the Constitution of this State. A- HEREAS the constitution of this State, in the said sixth section of the third article declares, That, « the powers of the court of ordinary or register of probates, Preamble, shall be vested in the inferior courts of each county, from whose decision there may be an appeal to the superior court, under such restrictions and regulations as the General Assembly may by law direct," &e. Sec. 1. BE it therefore enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and by the auihority thereof, That in case either * See act of 1806, No. 2G8, amending1 all the road acts with regard to these counties and repealing1 all others- l'ASSEB 1ST THE YEAR 1805. 269 party in the said courts of ordinary, shall or may be dissatisfied with any decision thereof, (No. 20}..) then, and in all such cases, such dissatisfied party may, within four days after the ad- th^courtTof* journment of the said court, be allowed to enter an appeal, by paying all costs whieh at^e may have accrued, and giving security to the clerk of the said court of ordinary for superior com-1 such, further costs as may accrue by reason of such, appeal, which appeal so entered, shall be by the said clerk transmitted to the clerk of the superior court of the county in which such proceedings may take place, at least ten days before the next superior court of said county 5 and which said superior court shall determine thereon at such term, aecor- ding to law and right, and letters testamentary, or of administration, shall not be grants ed or issued until the decision of such appeal by the said superior court j but the said Fcndente kta* court of ordinary may, pending' such, appeal, grant temporary letters to collect the estate of the deceased. w , Adminislra- Sec. 2, And be it further enacted by the authority aforesaid, That no letters testa- tionnottobe mentary,^' or of administration, shall be, granted to any person or persons who is or are f^but citi-~ not a citizen or citizens of, the United States, residing in the State of Georgia. stated ^esF dent in Geor- Sec. 3. wind he it further enacted, That all acts heretofore passed, militating ^Bepeaiing against this act, shall be, and the same are hereby repealed. clause. •ABRAHAM JACKSON, Speaker of the House of Representatives. JARED 1&WIN, President of the Senate. " Assented to, December 7, 1805. JOHN MIHLEBGE, Goverwob. (No. 20SA AN ACT } For the limitation of actions, and for avoiding suits at law, and to repeal the act passed on that subject the 26th of March, 1767, for the better and more effectually quieting mens'possessions and estates,and for avoiding suits in law. Actions foir E it enacted by the Senate-and House of Representatives of the State of Geor- brought, gia, in General Assembly met, and by the authority of the same, That all actions of ven *ears* * See act of 181,0, No. 559, authorizing two Justices of the Inferior court, to admit probates of wjlls in vacation, but no record to be made until court. 270 LAWS OF GEORGIA, (No. 205.) ejectment or any other suit or action whatsoever, at any time hereafter, to he sued or brought for the recovery of any lands or tenements, by occasion or means of any title which may hereafter descend, happen or fall, shall be sued and taken within seven years next after the title, and cause of action shall or may descend or accrue to the same, Proviso and and at no time after the said seven years. "Provided nevertheless, That if any person or exceptions. 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 age pf twenty one years, feme covert, noncompos mentis, or imprisoned, that then such person or persons shall be at liberty, notwithstanding 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. Sec. 2. Arid he it further enacted hy the authority aforesaid, That all actions of trespass, detinue and trover; all actions of debt, whether upon specialty or simple con- tractall actions of assault,' menace and battery, wounding and imprisonment, or any w iiRi ac- tions must be of them which shall be sued or brought at any time after the passing of this act, shall year5htm°ne be commenced and sued within the time and limitation hereinafter expressed and not afterward:—That is'to say, the said actions of trespass, assault, battery, wounding, imprisonment or any of them, within one year next after the cause of such action or What in four su^ bath accrued, and not after, And the said actions of detinue, trover, debt, (other years. than upon judgments) within four years next after the cause of such actions or suits What in five have accrued, and not after. And the said actions of debt upon judgments obtained in years- courts, other than the courts of this State, within five years next after the judgment For words shall have been obtained, and not after. And the said aetions upon the ease for words, m one year. one year next after the words spoken, and not after,. Provided nevertheless Proviso and That if any person or persons who is or shall be entitled to any such aetions of detinue, trover, debt, (other than upon judgments) be, or shall be at the time of any such action given or accrued within the age of twenty one years, feme covert noncompos mentis, or imprisoned, that then such person or persons shall be at liberty, notwithstanding the times of limitation shall have expired, to bring sueh actions or suits, so that the same be brought within two years next after the coming to, or being of full age, discovert of sane memory or at large, and at no time after the said two years. And provided also, exceptions. That if any person who is or shall be entitled to any such aetions of trespass, assault, menace, and battery and imprisonment, be, or shall be at the- time any such action shall have accrued, within the age of twenty one years, feme covert noneompos mentis, or im- prisoned, then such person or persons shall he at liberty, notwithstanding the time here- in before limited for the bringing of such action shall have expired, to bring such actions exceptions. Proviso and T)isrontmu.J niy or non- suit in an ac- tion, not to ef- or suits, so that the same be brought within 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 one fi-rt lliis act. PASSED IN THE YE Alt 1S0S. %71 year; and that the commencing an action or actions within the time limited, and afterwards (No. 205.) discontinuing or becoming non-suit in the same, shall not defeat the operation of this act.* Sec. 3. And he it further enacted hy the authority aforesaid, That when any person or persons shall remove his property without the limits of this State, or absconds or conceals himself so that his creditors cannot commence an action, that the person so re- moving his property or absconding himself, shall not be entitled to the benetit 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 State, shall be bound there- by, although the same shall not be pleaded. Sec. 4. And he it further enacted, That all actions upon the case, other than for words which shall be said 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. 5. And he it further enacted hy the authority aforesaid, That the act cntit- led, « An Act for limitations of actions, and for avoiding suits in law," passed the twenty sixth day of March, 1767, be, and the same is hereby repealed.f ABRAHAM JACKON, Speaker of the House of Representatives. JARED IRWIN, President of the Senate. Assented to, December 7, 1805. JOHN MILLEDGE, Governor. Persons re- moving- llieir property, 01* absconding-, not allowed 1he benefit of tnis act. This deela- red a public act. All actions upon the case except for words to be brought in four years af- ter the cause of action bath accrued, and not after. The act of 1767 repealed AN ACT* (No. 206.) To amend the several acts regulating roads in this State, so far as respects the operation of said acts in the county of Burke. Sec. 1. E it enacted hy the Senate* and House of Representatives of the State of Inferior court ofBurke court ty to appoint Georgia, in General Assembly met, and hy the authority of the same, That from, and overseers of roads is eve- " ' ry captain's * The latter clause of this section, repealed by act of 1806, No. 225. district, t See act of 1806, No. 225, repealing this section, and reviving' the act of 1767; again. * See act of 1807, Nq. 297, in addition to this act. LAWS OF GEORGIA, (N<>* a tier the passing of this act, it shall be the duty of the justices of the inferior court of the couuiy of Burke, to appoint overseers of the road in such manner that thert shaF be one overseer to each road in every captain's district. justices of Sec. 2. And he it further enacted, That the power heretofore exercised bj the said ^portion* the Jll5^ces *be inferior court, of apportioning the hands liable to work upon roads, shali iiamh. be vested in, and exercised by the justices of the peace in each district. Sec. 3. And he it further enatced, That "it shall be the duty of the justices of the justices of peace, in every district where any doubt shall exist as to the number of hands vhieb ascertainJ the inaJ be *u the possession or employ of any person liable to work on any road or roads, to give fifteen days notice in writing, at the place of holding court in such district, previ- «t. number of slaves liable . . , to work on ous to the holding of the said court, directing and requiring ah owners or persons having the rpossessb any Slicb s*ave or slavcs ih bis, her or their possession, to attend at the said place of son^tXnan" holding court, then and there, on oath, to render an account of every slave in his, her or ner of doing their possession, liable to work on roads, and in default of such attendance, the said justices may impose a fine not exceeding one dollar for each hand liable to work on said road, to be levied and collected by execution against the goods and chattels of such per- son in default. Provided always, that such defaulter may render an excuse, upon oath, Pionso- before either of the said justices, and if deemed sufficient, the said fine so imposed, shall be remitted; and that it shall be the duty of the said justices uhieh shall be judg*- ed of by the said justices to furqish the said overseers in their districts with Ihts of the hands liableto work on the road for which he may be appointed. And the fines vino collected shall be applied to county purposes. ABRAHAM JACKSON, Speaker of the House of Rt present a fives. JARED IRWIN, President of the Senate* Assented to, December 7, 1805. JOHN MILLEDGE, Goveknoii. (No. 207.) ^ ACT For the better selection and drawing Grand Parley f 3* the several counties in this State. Justices of the Inferior cEC ± 13 court togeth- ° * * JL#E it enacted hy the Senate and House of P'Trcsentatircs of the Slate of ©t with tli© w *■ clerk and she- Georgia, in General Assembly met, and by the authority of the same, That it shall be grand* jurors!* the duty of the justices of the inferior courts of each county, together with the Sheriff PASSED IN THE YEAR 1803. 275 and clerk, or a majority of tliem, to convene at the court house of their respective (No. 207.) counties, on the first Monday in June next, and biennially* on the first Monday in June forhthatnpur thereafter, whose duty it shall he to select from the books of the receiver of tax returns, P°sc and tJhc v manner 01 do- for their respective counties, fit and proper persons to serve as grand jurors; and shall ingit. 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 ticket shall be put in a box to be provided by the clerk at the public expense, which said box shall have two apartments 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, distinguishing 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 impannelled, 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, presume, on any pretence whatever, to open the said jury box, Jury box transpose or alter the names, except it be by the direction of the judge in open court, terrupted. m" attending for the purpose of drawing jurors, under the penalty of being dealt with in the manner pointed out by law for mal-practice in otfiee.f Sec. 2. JLnd he it f urther enacted, That the said judge, in open court, shall unlock and break the seal, and cause to be drawn out of the apartment of the said box marked number 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 to draw in °P- ; . en court the each time of drawing, he carefully deposited in the other apartment of such box marked grand jurors, number two; and when all the names shall be drawn out of the apartment number one as aforesaid, they shall then commence drawing from the apartment number two, and re- turn them into number one, and so on alternately: hut no name so deposited shall on any How it is to pretence whatever, be destroyed, except it is within 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. Judges of the inferior court be done. Tn failure of Sec. 3. S.nd he it f arther enacted, That if it shall so happen, thatthere should be failure of the court in consequence of the non-attendance of the judge, then audin that a court juries case, the jurors being summoned, shall stand over to the next succeeding term in the ^ the ^ ■■ court. * Selections to be made annually in the counties of Wayne and Camden—See act of 1810, No. 516. j- By act of 1810, No. 510, the justices of the inferior court in the counties of Twiggs, Telfair, Laurens, Wilkinson, Fulaskie and Montgomery, arc authorized to draw grand and petit jurors for their respective counties. E 2 LAWS OF GEORGIA, (N®. 207.) manner as suiters and witnesses do in. like cases. Provided always, that if the said jus- Proviso. tices, sheriff and clerk aforesaid, shall fail to make sucIl selection on the day aforesaid, that then it shall be the duty of the said justices, sheriff and clerk aforesaid, or a ma- jority of them, to make such selection at or before the next superior court thereafter, which shall be held in.their respective counties., Seq. 4. And be it further enacted, That so-much of an act, entitled, «An Act to rl:niteealinS 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 militates against this act, be, and the same is hereby repealed ABRAHAM JACKSON, Speaker of the House of Representativesu JARED IRWIN, President of the Senate,. Assented to, December 7,. 1S0&. JOHN MILLED GE,. Goveknob.. (No. 208.) Preamble. AN ACT' To incorporate a company for the improvement of the navigation of that part of the Oconee river, between the Rig Shoals, at John RarneWs, and the town of-AIilledgevillc.* HERE AS the improvement of the inland navigation of every country, is of pri- inary importance to its inhabitants, and. as few countries enjoy greater natural advan- tages than this state-, for the extension of commerce, and.it being conceived, that the- clearing out and removing the obstructions in that part of the Oconee river, from the Big Shoals, at John Burnett's, to the town of Milledgeville, would greatly conduce to the- convenience and interest of tlie inhabitants, settled intlie north and northwestern parts of this State* Sec. 1. BE it enacted by the Senate and House of Representatives of' the State of ^company Georgia in General Assembly met, and by the authority of the same, That a company improve the shall be established, the capital stock whereof shall notexceed fifty thousand dollars, di- navigation of the Oconee ; ——— the amount of * See act of 1808, No. 359, incorporating a company and allowing a lottery for the above purpose.«»See also act of 1810, _No. 527, incorporating another company for the same purpose. PASSED IN THE YEAR ISO*. 275 vided into two thousand shares, each sliai'e being twenty-five dollars, and that subscrip- (No. 208.) tions towards constituting the said stock, shall, on the first Monday in January next, he s^k» open at Hancock, Green, Clarke, Jackson, and Franklin court-houses, Washington in pointed out & Wilkes, and Milledgeville, under the superintendence of sueh persons as the corpora- Sher^tiie^ iion may appoint for that purpose ; which subscriptions shall continue open until the whole g^ecl^d bc of the said stock shall have been subscribed. fur. / Sec. 2. Jlnd be it further enacted, That it shall be lawful for any person, copartner- ship, or body politic, to subscribe, as he, she or they shall think fit, for such or so many not exceeding shares not exceeding fifty; and that the sums respectively subscribed, .shall, be payable the manner'& in gold, silver or bank bills of the United States, to he paid at four several payments, at fhe distance of twelve calender months from each other, the first whereof shall he paid at the time of subscribing. Sec. 3. Jlnd be it further enacted, That all those who shall become subscribers to the said company, their successors and assigns, shall he, and are hereby created and made to consSuSL -a corporation and body politic, by the name and style of the Oconee Navigation Company, body politic,. Tand by that name shall be, and are hereby made able and eapable in law, to have, pur- ted &C°tyiecf. chase, receive, possess, enjoy and retain to them and their successors, lands, rents, tene- ments, hereditaments, goods, chattels, and effects, of what kind, nature or quality soev- ;er; and the same to sell, grant, demise, alien, or,dispose of, to sue and be sued, plead To "make all and he impleaded, answer and be answered, defend and he defended, in courts of re- cord or other place whatsoever : and also to make, have and use a common seal, and latiou. the same to break, alter and renew, at their pleasure 5 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 the said corporation, not being contrary to the laws of this state, or to the' constitution thereof, (for which purpose, general meetings of the sub- scribers to the said Stock, shall, and may he called by the directors, and in the manner hereinafter specified) and generally to do and execute all and singular the acts, matters and ^tilings, which, to them shall appertain to do \ subject nevertheless, to the rules, regula- tions, restrictions, limitations and provisions hereafter prescribed and declared* ' Sec. 4-. Jlnd be it further enacted That for the well ordering of the StocthoWeri affairs of the said corporation, there shall be ten directors, for whom there to appoint dU shall be an election on the first Monday of January in each year, by the stock-holders or the>°tochToso proprietors of stock in the said corporation, and by-a plurality of votes, actually given* a president, and those who shall be duly chosen at any election, shall be capable ol serving as direc* tors, by virtue of such choice, until the end and expiration of the first Monday of Janu- ary next ensuing, the time of such election, and no longer, and the said directors at theh? first meeting, after such election, shall choose one of their number as president. £76 LAWS OF GEORGIA* (No. 2q8.) Sec. fi. Provided always, andbe it further enacted, That as soon as the sum of two thou- riTtors^noMo sand dollars shall have been actually received on account of subscriptions to said stock, ?1'° d^t7 no^ce thereof shall be given by persons under whose superintendance the same shall llrsissubscri- have been made in one of the public gazettes of this State, and the said persons shall at the same time and in like manner, notify a time and place at the distance of thirty days from the time of such notification, for proceeding to the choice of directors: And it shall lie lawful for such election to be then and there made, and the persons then and there cho- sen shall be the first directors, and shall be capable of serving, by virtue of such choice to hold their until the end and expiration of the first Monday in January next ensuing, the time of making the same, and shall forthwith thereafter commence the operations of the said Proviso' corporation. And provided further, That in case it should at any time happen, that an election for directors should not be made upon any day when, pursuant to this act, it ought to have been made, the said corporation shall not for that cause be dissolved, but it shall be lawful on any other day to hold and make an election of directors, in such manner as shall have been regulated by the laws and ordinances of the said corporation. How long' said directors Directors to Sec. 6. And he it further enacted, That the directors for the time being, shall appoint aline- have power to appoint such officers and servants under them, as shall be necessary for cersaand°ser- executing the business of the said corporation, and to allow them such compensation for vants, and do all other law- f ff t^bu su°k ot^ep powers and authorities for the well governing and ordering the affairs of the their services respectively, as shall be reasonable, and shall be capable of exercising smess of the said corporation as shall Tie described, fixed and determined by the laws, regulations corporation. an(j or(iinances of the same. Sec. 7, And he it further enacted by the authority (foresaid, That when the said corporation shall have so removed the obstructions in that part of the Oconee river, cd, so that a between the town of Milledgeville and the Big Shoals at John Barnett's that boats car- crop hog's- rying a burthen of eight crop hogsheads of tobacco, when the water is at its com- l^nia'y pS niotl height, shall safely pass up and down from the Big Shoals, at John Barnett's, to the thhaveTPliny town Mlhedgeville, then the said corporation and not before, shall have power t0 levy and receive a toll on all articles carried up and down the said river, which shal* not exceed the following rates, viz: The rates. -por eyery hogshead of tobacco, Fifty cents. For every barrel of flour, ------- Eighteen and three quarterecnts. For every bale of cotton, - - Twenty-five cents. For every hundred weight of all other articles except lumber, Twelve & a half cents. And for every thousand feet of lumber, - Twenty-five cents. And shall also levy a toll in proportion to the distance from any other place on the said river, between the said town of Milledgeville and the Big Shoals at John Barnett's} PASSED IN THE YEAH 1805, 277 anil if any person passing lip and down the river as aforesaid, with any boat or other vessel with goods or any articles onboard, and shall refuse to pay the toll aforesaid, or any other rates the said corporation may establish, not exceeding those aforesaid, then, and in that case,- the said corporation shall have power, and are hereby authorized to seize and detain the same until the customary toll shall be paid,- Sec. 8, And he it-f urther enacted, That the following rules, restrictions, limitations and provisions, shall form the fundamental articles of the constitution of the said cor- poration, the number of votes to which each stockholder shall be entitled, shall be according to the number of shares he, she or they shall hold, in the proportions fol- lowing, that is to say: for one share and not more than four shares, one vote : for five shares, and not more than nine, two votes: for ten shares, three votes : and for every five shares above ten, one vote exclusive of the three to which he, she or they may be entitled by the ten shares. None but' a stockholder shall be eligible as a director. No director or president shall be entitled to any emolument, unless the same shall be allowed by a majority of the stockholders at a general meeting., Net less than five directors shall constitute a board for the transaction of any business^ of whom the president shall he one, except in cases of sickness, or necessary absence, in which case his place shall be supplied by another director.- A number of stockholders not less than twenty-five, shall have power any time to call a general meeting of the stockholders, for purposes relative to the institution, giy- ing at least twenty days notice in one of the public gazettes of this State, and specifying, in such notice the object or objects of such meeting. Every treasurer before he enters on the duties of his office, shall berequired to give bond with two or more securities, to the satisfaction of the directors, in a sum not less than twenty thousand dollars, with condition of his good behaviour and faithful perfor- mance of the trust reposed in him, the stock of the said corporation shall be assignable and transferable according to such rules as shall be instituted in that behalf by the laws and ordinances of the same. (No. 208.) What to be done with those who re- fuse to pay toll. Rules re- strietions, lim itations, and provisions, to serve as a «on stitution for the company. Yearly dividends shall be made of so much of the profits of the stock as shall appear to the directors advisable, and once in every two years, the directors shall lay before the stock- holders, at a general meeting, for their information, an exact and particular state- ment of all debts due or ©wing, and all monies received or expended. Sec. 9. And he it further enacted ly the authority aforesaid, That Samuel Gardner^ po?e"^nt30aJ' B. Harris, Joseph Cooper, Jehue Smith, Joel Early, John Stewart, Joseph Philips, Fred- pen the sub- erick Beall, James Terrel, Henry Hartford, Charles Daugherty, Bedford Brown, John scr,Ptien- Floyd, Thomas Napier,, Francis Boyaken, John Dawson, Thomas Terrel, Francis Wil- 278 LAWS OF GEORGIA, (No. 208.) lis, Archibald M. Devereaux and Samuel Tin sly, are hereby appointed supciiniendanta to open the subscriptions and conduct the business of the said corporation, until organized according to the prescriptions and limitations of this act, Duration of S£C. ^o. And be it further enacted* That the said company shall remain, and contin- corporation, * . . . 30 years. ue a body politic, under the restrictions, limitations and provisions aforesaid, for thirty years, to commence from the day when the corporation shall order the reception of the toll, according to the conditions of this act. ABRAHAM JACKSON, Speaker of the Souse of Representatives. JARED IRWIN, President of the Senate. Assented to, December 7, 1805, JOHN MILLEDGE, Goveiwoii, (No. #09.) AN ACT To appoint commissioners for the letter regulation and government of the town of Wash- ington, and for incorporating the same. Commissi J«Se it enacted ly the Senate and Bouse ef Representatives oners of the in General Assembly met, That the following persons, to wit; Francis Wil- ington appoin B&, James Corbett, Filix H. Gilbert, Thomas Terrel, and "William Sansom, be, and they are hereby appointed commissioners of the town of Washington ; and that they, or a majority of them, shall, immediately after the passing of this act, convene and proceed to the appointment of a clerb, and such other officers, as they may deem necessary to carry .this act into execution. .toi The time See. 2. And be it further enacted, That the said commissioners shall hold their respec- they are to tive appointments hereby given them, until the first Monday in January, 1807, at which hold their ap- ... „ * pointments & time and on very subsequent year thereafter, the citizens of Washington, entitled to then elective. YQte for mempers 0f fjie general assembly, shall choose by ballot five persons to succeed them as commissioners of said town, and they shall hate, and they are hereby vested with full power and authority to make such bye-laws and regulations, and inflict or im- pose such pains, penalties and forfeitures, and doing other incorporate acts, as in their judgments shall be conducive to the good order and government of the said town ef Wash- ington, Provided, that such bye-laws and regulations be not repugnant to the iitMs and constitution of this state. PASSED IX THE YEAll 1895. Sec. 3. A nil be it further enacted, Tliat any two or more justices of the peace for said (No. 209.) county of Wilkes, are hereby authorized and required to preside at such elections for cesTof tile11" commissioners aforesaid. Provided alwaijs nevertheless, That nothing herein contained Pejirettot^Pr^ shall be so construed as to prevent the election of the commissioners herein before named; lections, and any person or persons who may hereafter be elected commissioners of said town, shall Proviso, be re-eligible at the next or any subsequent election, after the expiration of the time for which he or they may be elected as commissioners, under this act. ABRAHAM JACKSON, Speaker of the House of Representatives* JARED IRWIN, President of the Senate. Assented to December 7, 1805. JOHN MILLEDGE, Governor^ AX ACT. -Ko- 210-) To organixe the counties of Baldwin and Wilkinson. W Preamble. HERE AS it is necessary and expedient, that the counties of Baldwin and Wilkin- son, he organized as speedily as possible.. . . " . Justices cf Sec. 1. BE it ther fore enacted by the Senate and House of Representatives of the the inferior State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the counties ap-1" same, That Samson Harris, ArchibaldM. Devcreaux, Benjamin Tarver, Stephen Nobles pomtecL and Edmund Lane, be and they are hereby appointed justices of the inferior court of the county of Baldwin; and that Samuel Beckum, William Randolph, Lewis Lanier, William O'Neal and Thomas Gilbert, be and they are hereby appointed justices of the inferior court of the county of Wilkinson ; and the vacancies occasioned thereby, shall be filled' by appointment of his Excellency the Governor ; which justices and courts shall have, and are hereby vested with the same power and authority as the other justices and inferior courts of this States Sec. 2. And be it further enacted by the authority aforesaid, That the said justices' toSfixuponthe of the said inferior courts or a majority of them be, and they are hereby vested with full ®it®rtg°ntll0k* power and authority, to decide and fix upon some convenient place, as nearly central as circumstances-will admit whereat the superior and inferior courts of such, county shall be held. 230 LAWS OF GEORGIA,' (No. 210.) Sec. 3. And be itfurther enacted, That the justices of the said several inferior courts and* tak^the or a majority ofthcm, shall assemble at such place as shall be appointed by tliem for liol- °ad\ cour*-s *n ^ie several counties, cn the first day of April next, and afler publicly captainship administering to each other by virtue of a commission to them to be directed for that point justices PurPose V his excellency the governor, the oaths prescribed by the constitution for of th» peace, justices of the inferior courts; they shall proceed to define the militia company districts, which shall not exceed five in each of the said counties, and having so defined the said militia company districts, shall proceed to nominate and appoint twojustices of the peace in each company district, and shall transmit such their appointment to his excellency the governor without delay, who is hereby authorized and required to issue commissions to the persons so appointed, Sec. 4. Andbe it further enacted, Thatit shall be the duty of the justices of the said several After being- inferior courts of the said counties of Baldwin and Wilkinson, or any two or more of them? gfvPnofice of as soon as may he convenient after they shall be qualified as aforesaid, to give notice by count^ °offir Pu^c advertisement, at the places appointed for holding courts in the said counties, and cers. at two or more of the most public places in the said counties, of an election to be held twenty days after such notice given, for clerks of the superior and inferior courts, sheriff, coroner, and county surveyor, of the said several counties, which election shall be opened and held by three or more of the said justices of the inferior courts, or justi- ees of the peace of the said counties, and shall be conducted in the same manner as other elections of county officers in this State. held said counties and the times de- clared & the Sec. 5. Andbeit further enacted*, That superior and inferior courts shall he held in Courts to be each of the said counties twice in every year, at the time hereinafter mentioned, that is to say : the superior court of the county of Baldwin, shall be held on the second Mon- day in February, and the second Monday in August in every year ; and the superior circuits to court for the county of Wilkinson, on the fourth Monday in January , and on the fourth shallhbe that- Monday in June in every year; and the inferior court of the county of Baldwin, on the Cached. fourth Monday in May, and the fourth Monday in October in every year; and the infe- rior court of the county of Wilkinson, on the first Monday in June and the first Monday in November in every year, until otherwise directed by the legislature; which said sc- vcral counties shall be attached to, and form parts of the circuits or districts hereinafter mentioned, that is to say : the county of Baldwin to the western district, and the county of Wilkinson to the middle district; the judges of which said districts are hereby fully authorized and empowered to hold and preside at the several superior courts herein before mentioned, to be attached to their respective districts. Err*} county carrT one° Se- Sec. 6. And be it further enacted, That each of the said several counties shall be nator and one en^je(j to elect and return one senator and one representative to the legislature, Itcproseiiva- tive, PASSED IN TIIE YEAH 1805. 281 Sec. 7. And be it further enacted, That the citizens, inhabitants of the said counties, shall be entitled to elect officers of the militia, in such manner as is pointed out by the militia law, which militia shall be added to, and form a part of (that is to say) the mili- tia of the county of Baldwin, shall form a part of the second brigade of the third division; and the militia of the county of Wilkinson, shall form part of the second brigade of the second division.* ABRAHAM JACKSON, Speaker of the Iloiise of Representatives. (No. 210.) The citizens to elect their militiaofficers and the divi- sions and bri- gades to which said counties shall be attached, JARED IRWIN, President of the Senate, Assented to, December 7, 1805. JOHN MILLEDGE, Governor. as to Wash • ington in AN ACT (No* 211-) To be entitled an act to repeal an act entitled " An Act respecting vendue masterspas- sed in the year 1797, so far as respects the vendue master in the town of Washington, in the county of Wilkes. Sec. 1 "R Act of 1797 ' id E it enacted by the Senate and House of Representatives of the State of respecting J Vendue-ma? Georgia, in General Assembly met, and it is hereby enacted by the authority of the ters, repealed same, That so much of the above recited act, as respects the town of Washington, in Wilkes county, be, and the same is hereby repealed. Wilkes, ABRAHAM JACKSON, Speaker of the House of Representatives. JARED IRWIN, President of the Senate. Assented to, December 7, 1805. JOHN MILLED GE, Governor. * See act of 1806, No. 218, amendatory of this act, so far as relates to the place for holding elections for county officers in Baldwin, and the duty of the inferior court, relative to drawing grand and petit jurors for each of the said counties. M 2 LAWS OF GEORGIA, (No. '312.) an act To add a pari of Glynn counhj, to the county of Wayne, and to add apart of the conn- iy of Wayne, to the county of Camden, and to organize the said county of Wayne. Set 1 H-® " JlJ^ E it enacted by the Senate and House of Representatives in General Assembly m^> ani^ ^ie an^lor^y °f t'ie same, That all that part of Glynn county be added pait of it. tu- to the county of Wayne, which lies westwardly of the following boundaries and limits, Glynn Jnd a to wit: beginning at the south side of the Alatamaha river on the main post-road, lead- cuiKlei^10 ^rom Fort-Earrington to the town of St. Mary; thence along the said road until it intersects the line dividing Camden and Glynn counties ; thence from said intersection, until it strikes the Great St. Til la river, at a place known by the name of Fort-M'Intosh, on said river; thence up the main south branch of the Great St. Tilla, until it strikes the outer boundary line of Wayne county—thenee along the said line until it strikes the Alatanmha river; thence down the said river to the place of beginning, which shall form the county of Wayne ; and all that part of the county heretofore known as Wayne, lying south of the south branch of the Great St. Tilla within the outer boundary line Persons li a^oresa^ shall be added to, and form a part of Camden county, ving near the boundary ^be- ®EC* it further enacted, That all persons liable to perform road duty, resid- •ndGijInT eounty Wayne, together with all persons in the county of Glynn, liable as able to work aforesaid, residing within ten miles of said road, leading from Fort-Harrington to St. fi"m eadi™6' Mary, dividing the counties of Glynn and Wayne, shall, and are hereby made liable, at county. ^}ie pjseretion of the commissioners of said road, to work on and improve the same. Pro. iso. provided nevertheless, that nothing herein contained shall be construed to authorize the Land war- ° rants not tobe justices holding land courts, in the county of Camden, to issue any land warrant orwar- granted in Wayne, on head rights. rants to any person or persons, or to authorize any person or persons to obtain a grant on head rights-,, or in any other way, in that part of the county heretofore ealled Wayne. Sec. 3. And be it further enacted, That John Grantham, John Johnson, John Fort, ^Justices of William O'Neal and Matthew Jones, be, and they are hereby appointed justices of the court of inferior court of the county of Wayne, whose duty it shall be, or a majority ofthein, to poS'cd to llPon some place as nearly central as convenieney will admit of; that the superior and hold an elec- inferior courts, and all elections for representatives to the state legislature and county t on for coun- +y officers. officers, shall be held at the house of William Collins; and the said justices or any two of them, are hereby required, after giving fifteen days notice of the time and place, shall proceed to hold an election for county officers, and make a return to his excellency the Governor, agreeable to law, whose duty it shall be to commission the same. Judges of Sec. d.. And be it further enacted, That the judge of the eastern district is hereby court to^Sd authorized and empowered to hold a superior court in said county, on the last Monday in ocurts in said PASSED IN THE YEAR 1805. 285 February, and the tliir J Monday in October, in each year ; and the justices of the infe- (No. 212.) rior court are hereby required to hold an inferior court in said county on the lastMondays in December and June, in every year. county, as so the justi- ces of the in- ferior court, and the times Sec. 5. Jlnd be it further enacted, That the said county of Wayne, shall be entitled for holdin£- to one senator and one representative to the state legislature, the election for which shall Said coun- ty to return be held at the same time, and conducted in the same manner, as by law is directed for one senator k like elections for other counties within this State; and that the citizens residing in the tive amTtiie citizens to e- lect militia officers. To what said county, liable to bear arms shall be entitled to elect officers of the militia in such manner as is pointed out by the militia law of this State, which militia shall be added to, and form a part of the first brigade of the first division. brlg-ade to be attached. ABRAHAM JACKSON, Speaker of the House of Representatives. JARED IRWIN, President of the Senate. Assented to, December 7, 1805. JOHN MILLEDGE, Governor. AN ACT To authorise certain commissioners, to sell and dispose of ike fractional parts of surveys of land in the counties of Wilkinson, Baldwin and Wayne. (No. 213.) Sec. 1. n enacted by the Senate and House of Representatives cf the Slate of Fractional Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That all the fractional parts of surveys of land reserved to the State by life several laws, ner of selling-, fiftcr sixty making distiibution of the lands lately acquired from the Creek nation of Indians, by a days adverti- treaty entered into at or near Fort-Wilkinson, oq the 16th day of June, 1802, and lying Sin&' and being on the Oconee river, and on the temporary boundary line, shall be sold in separate lots, to the highest bidder, in the town of Milledgeville, in the following man- ner, to wit: the commissioners, hereafter to be appointed, shall by advertisement, to be published sixty days in the Gazettes of Petersburg, Washington, Wilkes county, Sparta, Augusta and Savannah $ in which advertisements shall be particularly specified the day or days on which the fractions, in each district, will be sold, and the terms of sale; pro- ceed to s -11 the same, between the hours often o'clock in the forenoon and three o'clock in the afternoon, commencing by the sale of the first or lowest fraction on the Oconee 2S4 LAWS OF GEORGIA, (No. 213.) river, in the first district in Wilkinson county, and continuing upwards in a regular pro- grcssion to the line of the second district, and in like manner on the temporary line he- ginning at the lower extremity, and continuing upwards as aforesaid; and that the fracti- onal parts, of surveys in the county of Wayne, shall be sold in the same manner afore- said; beginning on the highest fractional survey on the St. Mary river, and continuing in regular progression on the line dividing Wayne county from Glynn and Camden until the whole are sold; which rule shall be observed in the sale of the fractions in all the other districts of Wilkinson, Baldwin and Wayne counties, Sec. 2. And be it further enacted by the authority aforesaid, That three commissi- oners shall be appointed by joint ballot of the legislature, and they or a majority of them, shall be sufficient to carry this act into effect, who shall before they enter on the duties required of them by this act, give bond with two or more sufficient securities to his excellency the Governor for the time being and his successors in office in the sum of thirty thousand dollars each for the due and faithful performance of the trust reposed in them, which bond shall be taken by his excellency the Governor or by any two of the jus- tiees of the inferior court of the county where sueh commissioners may reside, andimme- diately transmitted to the executive department, and shall moreover take & subscribe the following oath, viz. I, A, B, do solemnly swear (or affirm as the case may be,) that I will faithfully discharge the duties imposed upon me by this act, and that I will make due returns of all bonds and other securities to the treasury of this State, which come into my hands as commissioner aforesaid."—-So help me God. Sec. 3. And be it further enacted by the authority aforesaid, That the commission- ers shall take bonds of the purchasers payable in four equal annual instalments, together with a mortgage on the land, which bonds and mortgages maybe given by the person oi persons purchasing, his or their attorney or agent duly authorized to execute the same,, and shall be taken in.the name of, and made payable to his excellency the Governor, for the time being, and his successors in office, and by the commissioners shall be deposited in the office of the treasurer within sixty days after the time the sales are completed, and each commissioner shall receive as a. compensation three dollars per day while in actual service. Bonds and Seg. 4. And be it further enacted, That the commissioners aforesaid, shall take bond bTtlken^and aQ<* mortgage of all and every purchaser, payable in the following manner, that is to say; how,andwhen one fourth part thereof in twelve months after the said purchase, which said fourth part pay* e. sliall be paid in gold or silver; one fourth part at the end of twelve months thereafter; one fourth part at the end of twelve months thereafter ; and the remaining fourth part thereof at the end of twelve months thereafter: which said three last payments, shall in like manner, be paid in gold or silver.. Commissi- oners to be ap pointed, to give bond and security and take an oath. The oath. Bonds of pur chasers how to be taken, by whom, in whose name, and where de- posited. PASSED IN THE YEAS 1805. 285 Sec. 5. And be it further enacted by the authority aforesaid, That it shall be the duty of his excellency the Governor, to cause grants to be made out for all the fractional parts of surveys of land in the counties of Wilkinson, Baldwin and Wayne, leaving a blank for the name of the person to whom the same shall issue, which grants shall be put into the hands of the commissioners appointed to dispose of the fractions as aforesaid, and by them filled up and delivered to the purchaser, on the purchaser's paying the sum of four dollars and twenty-five cents on such grant, which shall be received by the com- missioners, and°by them paid into the treasury, for the purpose of defraying the different fees of office agreeable to the existing fee bill. And it shall be the duty of the surveyor- general and secretary of state, to insert the name of each purchaser in the record of such plat and grant remaining in the said offices; and it shall be the duty of the commission- crs, to lay a correct statement of thier proceedings, under this act, before the nextlcgis- lature. ABRAHAM JACKSON, Speaker of the House of Representatives* JARED IRWIN, President of the Senate. Assented to, December 7, 1805. JOHN MILLED GE, Governor. AN ACT* * (No. 21*.) To alter and amend an act entitled an act, to revise and amend the several militia laws of this State and to adapt the same to the act of the Congress of the Un ited Stales. HERE AS the twenty-second section of the above recited act requires a regiment- al court of enquiry to be held once a year in each county; and whereas great detriment Prea®We. will result to those counties, where two or more are required to compose a regiment, in consequence of such requisition.. Sec. l. BE it therefore enacted by the Senate and House of Representatives of the State of Georgia, in Genei-al Assembly met5 That inhere two or more counties are required to compose a regiment, the regimental court of enquiry be abolished, and battalion courts of enquiry be instituted, composed of the commanding officer of the battalion, and at least five commissioned officers; and in case the commander of the battalion does not attend, the senior captain shall take presidency; which said courts shall possess all the powers of a regimental court, as in counties furnishing a full regiment. * This act, except as respects patroll duty, repealed by act of 1807', No. 312, section 34. (No. 213.) Grants to be made out in blank and fil- led up by the commission- ers to the pur- chasers. Purchasers to pay §4 25 cents for of- fice fees. Commission- ers to report their procee- dings to the legislature. In regiments wheie two or more counties compose them battalion courts of en- quirv institu- ted—and to have the same power of regi- mental courts. 2S6 laws of Georgia, (No. 214.) Sec. 2. And be it further enacted, That the respective battalion courts of enquiry, a cTerkf &c.nt shall annually appoint by ballot, a elei k, who shall be subject to the same duties, and lia- ble to the same penalties relative to the battalion, as though he had derived his appoint- ment from the regimental courts of enquiry. Subaltern Sec. 3. And be it further enacted, That in future all subaltern officers in this State, officers. shall, upon all courts of enquiry and courts martial, be entitled to take a seat, as h practised in the army of the United States. » And whereas, by the said recited act, apart of the duties required of the brigade inspectors and adjutants (other than the adjutant general) is in practice found to be incon- venient and expensive, and directs the performance of duties, not properly attaelied to those officers. Brigade in- Sec. 4. BE it therefore enacted, That in future the brigade inspectors shall not be adjutants^1 bound to attend any regimental or battalion muster, except those in the counties where not t appropriating the proceeds of the sale of fractional surveys, for the purpose ex* en. pressed in this section.. PASSED IN THE YEAH iSOG, 2U Sec. 6. And be it further enacted, That if two or more persons shall have an (No. 217.) equal number of votes, then and in that case, it shall he determined by lot, under the To be detei'" superintendence of the surveyor-general, which person or persons shall be entitled to .choice of districts. mined, by lot, in case of a tie No ticket to be counted, j Sec. 7. And be it further enacted, That no ticket shall be counted, unless it be filled tain the num. -with the number of names from , among the candidates, equal to the number of districts, equaf to 'the number of surveyors. Sec. 8. And be it further enacted) That if any person shalloifer and be elected a sur- any person surveyor, who shall hereafter be found deficient in the qualification necessary to a due pabfe^f " the duties of this act, to forfeit execution to the duties required by this act, it shall be deemed a forfeiture of his bond, and himself and securities immediately liable therefor. his'bond. Sec. 9, And be it further enacted by the authority aforesaid, That the respective survevors t» ^ surveyors shall give bond in the penalty of ten thousand dollars to his excellency the give bond and . - , . security tothe governor, and his successors in office, with such security as he, or a majority of the governor in justices of the inferior courts of the respective counties where the said surveyors may io^ooodo°llur» reside, shall approve of, for the faithful discharge of1 the trust reposed in them, and duties required of them by this act, which bond shall be taken by the governor or the , aforesaid justices, and deposited in the executive office. Sec. 10. And be it further enacted by the authority aforesaid, That it shall he the surveyors to make the sur- veys of the districts to which they may be appointed in their own proper person, to mark or cause to districts, and , to mark dis- be marked, plainly and distinctly upon trees, if practicable, otherwise stakes may suf- tinctly, upon flee, all lines which he may be requiredTto run, for the purpose of making the surveys in their respective districts immediately after the boundary and district lines shall have been run by the proper authority, to cause all such lines to be measured with all possible 50 equal links exactness, with a half chain, containing two perches of sixteen feet and one half each, ^olfke me- anders accu- ra _elv. duty of the surveyors appointed in pursuance of this act, to make the surveys of the trees, ifprac- ticable, all lines, with a chain consisting of fifty equal links, which shall be adjusted by a standard to be kept for that purpose in the surveyor-general's office, to take as accurately as possible the meanders To keepfieid of all water courses, which shall form natural boundaries, to any of the surveys—to to bV'marked Siote in field books to be kept by them, respectively, the names of the corner and other ^j^ipts of station trees, which shall be marked and numbered in such manner as the surveyor-gene- which are to ral shall direct $ also all rivers, creeks, and other water courses, which may be touched surveyor"gen- upon or crossed, in running or measuring any of the lines aforesaid—transcripts of ^"scTve^s rc* which field books after being examined with the originals by the surveyor-general and c°lds- Ji O & certified and signed on every page by the district surveyor returning the same, shall he return in 90 deposited in the surveyor-general's office, thereto be preserved as a record—to make a of Se district return within ninety days after the running the boundary and district lines as aforesaid, of a map of the district to which they may respectively be appointed, in which shall be tobe^represm hered. 89* LAWS or GEORGIA, (No. 217.) correctly delineated, represented and numbered in such order as the surveyor-general deTached'plat shall prescribe 5 all surveys within such district, and also, return at the same time a. all such sur- detached plat of every such survey of land, certified and signed by them—which plat shall be filed among the other records in the surveyor-general's office, and from which whichPare to a C0P^ made to be annexed to grants, and to conform to such instructions as tliey be annexed to may receive from the surveyor-general, from time to time during their continuance in grants office, and progress in the duties thereof, not militating with this act. Sec. 11. And be it further enacted by the authority aforesaid, That the surveyors recTiveJgSreceiye two dollars and seventy-five cents for every mile that shall be actually run on 7,5 cents per surveyed, as a full compensation for all the duties required of them by this act, out o£ mile, as full ... , . compensation winch sum they shall delray the expenses ot cliain-men, axe-men, and every other. vices!1611 Se " expense incidental to the said business ; and his excellency the governor is hereby autho- rized and required to issue bis warrant on the treasurer in favor of each and ev ery sur- veyor, immediately after the boundary and district lines are- completed, to the amount of \ll ex en 0Iie hundred and fifty dollars, to enable them to proceed without delay, to the execution ses to be paid of their duties, fertile balance of which by this law they may be entitled, they shall re- '•f ■that sum.Ut ceive a warrant in like manner, on producing to his excellency the governor, a certificate from the surveyor-general, setting forth that such surveyor has completed the duties assigned him* and made his return conformably to this act.. Sec. 12. And be it further enacted by the authority aforesaid, That the surveyor or surveyors, who may be employed in dividing the said territory into counties and districts i"iding-"the di® receive the same compensation for each mile run and surveyed, as is allowed by ti-icth to re- this law for other surveyors out of which, all expenses incidental thereto, must be compensation paid, without any additional charge on the State, and his excellency the governor is requi- red to grant his warrant on the treasurer for compensating that service, so soon as ho shall he advised by the surveyor-general of its completion.. Sec. 13. And be it further enacted by the authority aforesaid, That the said land shall be distributed by lot, in the manner following, to wit:—After the surveying is com- Tha man- pleted, and the returns made to the surveyor-general, his excellency the governor shall icr for distri- buting- said cause tickets to be made out, whereby all the numbers of surveys, in the different dis- tm? be by l^ets shall be represented, which tickets shall be put into a box to constitute prizes^ with others to be denominated blanks; of which, blanks the number or amount shall he determined by subtracting the number of prizes from the whole number of draws to Who enti ^hick the lottery shall be subject, upon the following principles, that is to say:— clcd to draws- every free male white person, twenty-one years of age and upwards, being a citizen of the United Stales, and an inhabitant of this State, three years immediately preceediug the passage of this act, and paid a tax towards the support of government, (including MASSED IN THE YEAR' 1806. £03 such as may be absent on lawful business) sliall be entitled to one draw,# every free (No. 217.) male person of like description, having a wife or legitimate child or children, under the age of twenty-one years, shall be entitled to two draws—all widows with like residence, shall be entitled to one draw—all free female white persons^ who have arrived to the age of twenty-one years or upwards, who have resided in this State as above, and are un- married shall be entitled to one draw—all families of orphans residents as aforesaid, under the age of twenty-one years, whose father is dead, shall be entitled to one draw— and all families of orphans consisting of more than one,, who have neither father nor mother living, shall have two draws; but if only one, then such orphan shall be enti- tied to one draw, which shall be given in, in the county and district where the eldest of p said orphans or orphan residesProvided nevertheless, That the person or persons who drew a prize or prizes in the late land lottery, shall be excluded from any participation- in the present lottery.. Sec. li. And he it further enacted, That lists of persons entitled to draw in conform^ ity to the provisions of this act, shall be taken and made out within three months from the passing of this act, by such fit and proper person or persons as the inferior court of each county in this State, shall or may appoint for that purpose, not exceeding two to each battalion district, and it is hereby declared to be the duty of the said inferior courts respectively, to make such appointments for the purposes aforesaid, to attend at the place of holding justice's courts in each captain's district, on as many several days as the said inferior courts may deem necessary, and appoint for that purpose; and it shall be the duty of such person or persons, so appointed, to take and make out such lists, and to give at least ten days notice of such attendance, in the aforesaid captain's districts, and the names of persons so entitled to draws, -with the number of draws to which they may be entitled, shall be entered in alphabetical order, in a book to be provided for that pur- pose, which lists or books shall, immediately after the same shall be completed, and transcripts thereof deposited in the office of the clerks of the superior courts, be trans- mitted by the said person or persons to his excellency the governor. And the said persons thus appointed by the inferior courts, shall, before they enter upon the execution of the duty required of them by this act, take and subscribe the following,oath, to wit:—"I, A. B. do solemnly swear or affirm (as the case'may be) that I will not receive or regis- ter any name, except the person giving in, shall first take the oath prescribed by this act—So help me God." Which oath any justice of the inferior court is hereby required to administer; and the said person or persons appointed to take the lists as aforesaid, shall administer to all applicants for draws, other than widows, the following oath, to wit: " I, A. B. do solemnly swear or affirm (as the case may be) that I am a citizen of the United States, and have resided in this State three years, immediately proceeding the Persons to be appointed by the inferior court, to take lists of those who are enti- tied to draws. Manner of doing-it. To be ta- ken in alpha- betical order —notice to be given. Transcripts of which are to be lodged in the clerks • office of the superior court. Persons ap- pointed to' take lists-, must take an oath. The oath. To admini- ster an oath to applicants for draws. The oath. * See act of December 1806, No. 261, amendatory of this act, and dispensing with the payment of taxes • and making provision for persons laboring under accidents or misfortunes. 291 LAWS OF GEORGIA, (No. 217.) passing of this act, and am now an inhabitant of this district? that I am twenty one years of age *, that I have a wife, child or children, (as the case may be) that I have not gh en in my name for any draw or draws in the present contemplated lottery in any other part of this State $ that I have not drawn a tract of land An the former lottery, aud that the orphan or family of orphans, whom I now return, is, or are entitled to a draw or draws under this act, to the best of my know ledge-r-So help me God.'5 And to all widows the following oath ; « I, A. B. dojoleinnly swear or affirm, (as the ease may be) that 11 m a widow, that I have resided the three.last years in this State, and am now resident in this district; that I have not put in my name for a draw in the present lottery in any .other part of this State, and that I have not drawn land in the former lottery, to the best of my knowledge and beliefr-So help me God." Such per- Sec. IS. Andbe itfurther enacted, That the person or persons appointed by the infe- ceive for eve- rior court to receive and enter the names of applicants entitled to draws in the present A^taken lottery, shall receive for each draw so entered, twelve and an half cents. And his ex- 121-2cents, cellency the governor is hereby authorized and required forthwith to issue his proelama- Governor to an(l cause the same to be published in one of the gazettes of the cities of Savannah give notice by and Augusta, and in those of Louisville, Sparta, Washington and Petersburg, setting ofthisact!0"5 forth, the outlines of this act, and requiring all persons interested therein, to exhibit their claims in the counties of them respective residence. After the lists ®EC" *6, it further enacted, That, as soon as the lists of persons entitled to are taken and draws in tlie lottery as aforesaid, shall have been received at the executive department, the Gm-ernor, his excellency the governor shall cause tickets to be made out for carrying the said lot- he to cause tickets to be tery into effect, in the following manner, that is to say": Blank pieces of paper equal in made out, number to the whole number of draws to which the lottery .may be subject, and as equal ry. sa'd lotte in size as possible, shall be prepared, and on them shall he written separately, the names of the several persons entitled to draw s as aforesaid, and the designatory remarks which may appear against each name j and the pieces of paper so written on, shall be deposited The manner *n one wheel, and the blanks and prizes on pieces of paper, also as equal in size as pos- of doing it. sible, shall be deposited in another wheel and from each wheel as nearly at the same time as can be, one ticket shall be taken and delivered to the managers appointed to super.- intend the drawing of said lottery, whose duty it shall he to have the name, if a prize One months should be drawn against it, entered in a book to be provided for that purpose, and oppa- given of the site thereto, the number of the lot so drawn, and the number of the district, and the mentofdraw- name ttie county in which the same may be. And that his excellency the govenor inS- shall cause one months notice of the day the drawing of the lottery will commence, to be given in the several Gazettes aforesaid, Vacancies Sec. 17. And leitfurther enacted, That where vacancies may happen by death resigna- of surveyors tion or otherwise, of any district surveyor or surveyors appointed in pursuance of this act, to be filled, up ty the govern the governor is authorized and required to fill up such, vacancy or vacancies. And in case PASSED IN THE YEAR ISOd; 29$ Chainmen t o take an oatli. The oath,- any surveyor shall fail lo execute tlie trust reposed in him either from inattention or (No. 217.) otherwise, in such manner as in the opinion of the govenor may render doubtful the finish- ing the surveys within the time limited, he shall have power to declare sucli appoint- mcnt vacant, and to fill up the same as in case of other vacancies. Sec IS. And be it further enacted by the authority aforesaid, That the surveyors to Surveyors to" be appointed in pursuance of this act, - shall before they proceed to the duties of their ap- pointments, take and subscribe the following oath or affirmation* to wit "I ,do The oatl1' solemnly swear or affirm (as the case may be) that I will well and faithfully to the utmost of my skill and abilities discharge the duties of surveyor for district No. , agreeably to the requisitions of this act—So help me God." Which oath the surveyor general is au- thorized and required to administer. And all chain men to be employed in pursuance of this aet, shall before they enter severally upon theiw duty, take the following oathoraffir- lnation, to wit.. I , do solemnly swear-or affirm (as the case maybe) that I will to the utmost of my skill and judgment, measure all lines which I shall or may be employed on as a chain carrier, as accurately, and with as little deviation from the courses pointed out by the surveyor as possible, and-give a true account of the same to the said surveyor .—So help me God." Which oath the district-surveyors are hereby empowered and re-* quired to administer. - Sec. 19. And whebeas it may so happen, that persons may have surveyed lands iii the aforesaid cession contrary to law* and on which grants may have issued: All grants Be it therefore enacted by the authority aforesaid, That-all such surveys or grants, are other than in J J 53 virtue of this hereby declared to he null and void, to all intents and purposes, as though the same had act, for said never been made or issued; nor shall any survey or grant in the aforesaid cession, be J-d void! C^ " admitted to a jury, as evidence of the title to the lands in this act described, except those obtained by virtue and under the authority, of this act, any law to the contrary notwithstanding.- Fortunate drawers to Sec. 20. And be it further enacted, That all persons against whose names lands upon par^g may be drawn in pursuance of this act, shall be entitled to receive grants for the same, ^ vesting in them fee simple titles, on paying inta the treasury of this State, the sum of lars, per hun- six dollars per hundred acres, in lieu of all fees of office and other charges for survey- ofsaidiand. ing and granting the said lands. Provided nevertheless* That if any person or persons To^edone entitled to such grant or grants, shall fail to pay the aforesaid sum, and take out such in a certain grant or grants, within twelve months from the completion of the lottery, the same shall re- land to revert vert to and be vested in this State, and appropriated for the redemption of the public debt.* All returns Sec. 21. And be it further enacted by the authority aforesaid, That all returns made ly^thkiaw-j contrary to the true intent and meaning of this act, are declared to be fraudulent, and ^^T^and1"* grants on tlie * See act of 1808, No. 327, extending the time. same void. 298 LAWS OP GEORGIA, (No. 217.) all grants issued in consequence of any draw made in the contemplated lottery, on such fraudulent return, is hereby declared to he null and void, and the land so granted shall revert to, and become the property of this Slate* ABRAHAM JACKSON, Speaker of the House of Representatives» JARED IRWIN, President of the Senate, Assented to, June 26, 1806. JOHN MILLED GE, Governor. AN ACT To aihend an act, entitled " An Act to organize the counties of Baldwin anil Wilkinson (Ao. 218.) Sec. 1. rvijg ft enacfefi ihe Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same it is hereby enacted, That an election shall be held in the county of Baldwin, at the house of George Hill, commonly called Hillsborough, on the second Monday in July next, for the election of at Hiiisboro. clerks, sheriff, coroner and county surveyor, for the said county, at which election all free white male citizens who have.arrived to the age of twenty one years, who were resident in, and citizens of the said county, on the first day of June, one thousand eight hundred and six, shall be entitled to a vote •, which election shall be opened and conducted in the manner prescribed by the act regulating elections in this State. Election of county offi- cers for Bald- win to be held who entitled to vote- Sec. 2. And be it further enacted, That it shall be the duty of the justices of the court^Sheriff ^er*or c0lirtJ sheriff and clerk of the superior courts of Baldwin and Wilkinson counties^ and clerk to as soon as possible after the said officers are commissioned, to proceed to select the and^etft^ju- grand and petit jurors for the counties aforesaid; and shall also proceed to draw the said drawancUum 3urors ^or Iiex^; term of the said courts, and cause them to be subpoenaed, at least four mon them to days before the meeting of the said courts, any thing in the act entitled "Aa act for the the courts in , both counties, better selection and drawing of grand jurors for the several counties in this State,119 or any law, usage or custom to the contrary notwithstanding. Duration of Sec. 3. And be it further enacted, That this act shall continue and be in force until the this act. first Monday in June next, and no longer. ABRAHAM JACKSON, Speaker of the House of Representatives• JARED IRWIN, President of the Senate, Assented to June 26, I806„ JOHN MILLED GE, Governor. PASSED IN THE YEAH 1806. 29T AN ACT Securing upon certain conditions to Joseph Hill, his heirs or assigns, the exclusive right to erect a bridge over Ogechee river, at, or near the place tvhere a bridge was heretofore erected, by Wade Hampton and James Gunn. HEREAS by an ordinance passed the sixth day of December one thousand seven hundred and ninety, the exclusive right to erect a bridge over Great Ogechee river in the county of Chatham, at the place where the ferry was then kept, was vested in Wade Preamble. Hampton and James Gunn, esquires, inwhiehit was also provided " that the said bridge be completed on or before the last day of December, one thousand seven hundred and ninety-two and rebuild when necessary and keep the said bridge in good and sufficient repair." And whereas the said bridge, although built agreeably to the directions of the aforesaid in part reeited ordinance, has been suffered, to decay, and has long since been entirely insufficient for the purposes intended, and the parties interested therein have wholly neglected to repair the same, by which the intention of the legislature hath not been carried into effect, and the right intended to be secured to the said Wade Hampton and James Gunn, and their heirs and assigns, become void. Sec. 1. BE it therefore enacted by the Senate and Hoiist of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That all rights and emoluments vested by the aforesaid ordinance of the sixth day of December, one thousand seven hundred and ninety, in Wade Hampton and James Gunn, and their heirs or assigns, so far as respects the said bridge on Great Ogechee river in the county of Chatham, and the emoluments arising therefrom, be, and the same are hereby declared to be null and void. Sec. 2. And be it further enacted by the authority (foresaid, Tliatthe exclusive pri- vilege of erecting a bridge over the river Great Ogechee, at or near the place where the and vejjt d Jn ferry is now kept* in the county of Chatham, is hereby fully and absolutely vested in Joseph Hill, Joseph Hill, who at present resides at, and keeps the said ferry, his heirs and assigns, with the right of building the same, either with wood or stone, on the following terms and conditions, viz.—That the said Joseph Hill, his heirs cr assigns, shall erect the said upon certain bridge in a complete and substantial manner, at least sixteen feet in width, and eapable of sustaining and passing all carriages in common use, within three years from the date here- of, and rebuild the same when necessary and keep the said bridge in good and sufficient repair forever : To hold the same and all emoluments arising therefrom, to the said Joseph Hill his heirs and assigns. Certain pie- Sec. 3. And be it further enacted, That the said Joseph Ilill shall also have to him, his contiguous*!® heirs and assigns, one quarter of an acre of the public land, on the south side of the said said bridge ai ~ lowed him. O 2 (No. 219.) Former right to Ja's Gunn and Wade Hampton, made null and void. 291> LAWS OF GEORGIA, (No. 219.) ferry, to be put and kept in good order and repair, by the said Joseph Hill, within three months after the date hereof, and at all times thereafter, and also one acre of the high land on the north side, not to include the building called the ferry house—and that the said lots of land shall be allotted and marked off by the surveyor of Chatham county v\htn required by the said Joseph Hill, his heirs, executors, administrators or assigns, and after ten days notice of the time of making such survey being given to the inferior court of C hat- ham county. The t jll the Sec. 4. And be it further enaeted, That the said Joseph Hill, his heirs, executors, g^ven^saS administrators or assigns, be entitled to receive, and may legally demand, during the Uamptoif continuation of the said bridge, a toll equal to that heretofore granted to the said Wade Hampton and James Gunn, and shall and may at all such times as the said bridge may be impassable from accident or decay, have the free and quiet enjoyment of the ferry on the same conditions as that of the bridge. Sec. 5. And be it further enacted, That it shall not he lawful for any person or per- No one to e- sons, at any time or times, to build any bridge or keep any ferry on the said liver Great five1 of Ogeehee, within five miles, either above or below the said bridge, which is hereby exclu- paid bridge. sively vested in the said Joseph Hill, his heirs and assigns: Provided, That such bridge Not to im n°t be so constructed as to impede the navigation of said river—hut that it shall be a pede naviga- draw-bridge, so as to admit vessels that are usually employed in the said ri> er to pass and fion. repass the same. Sec. 6. BE it further enacted, That this aet shall be deemed, adjudged and taken to Ke nt. * PUb" 1)0 a public act, and shall he judicially taken notice of as such, by all judges, justices and other persons whatsoever without specially pleading the same. ABRAHAM JACKSON, Speaker of the House of Representatives, JARED IRWIN, President of the Senate. Assented to, June 26, 1806. JOHN MILLED GE, Goyeenok. PASSED IN THE YEAH 1S06. 299 AN ACT (No. 220.) For amending an act, entitled " An act for regulating the wharves and shipping in the several ports of this province, and ascertaining the rates of wharfage of shipping and storage, and also the duty of the Harbor-Master for the port of Savannah," and to authorize the said Harbor-Master to put in force an act, entitled "An act to amend an act, to prevent persons throwing ballast or rubbish, or falling trees into the rivers and navigable creeks within this protince, and for keeping clear the channels of the same,9* the increase of the trade of the city of Savannah and the increased lium- her of shipping entering the port of Savannah, render it necessary to extend the provisions ®f the second section of the act, entitled " An act to regulate the wharves and shipping in Preamble, the several ports of this province, and ascertaining the rates of wharfage of shipping and storage, and also the duty of an Harbor-Master, for the port of Savannah," and to authorize the said Harbor-Master to put in force an act, entitled « An act to amend an act to prevent persons throwing ballast or rubbish, or falling trees into the rivers and navigable creeks within this province, and for keeping clear the channels of the same," passed the 12th day of March, 1774* Sec. 1. BE it therefore enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, That from and after the passing of this act, all and every vessel lying in the river-Savannah, above four mile point, and not loading at any vannah ri\er, Wharf, shall be properly moored, head and stern, as near the north side of the river as pos- mile pointj to sible; and that no vessel, not loaded, shall be permitted to be, for the purpose of loading or taking in their loading, in the middle of the said river on any pretence whatever, but that whilst taking in her loading, or whilst unloading as aforesaid, in any part of the said river Savannah, above four mile point as aforesaid $ all and every vessel shall do the same at some one of the wharves of the said city of Savannah, or five fathom hole, or at any other which may be hereafter built or erected between the said four mile point and the said city of Savannah, as the case may be; and shall be subject to and liable for the usual and customary rates of wharfage therefor* Sec. 2. And be it further enacted by the authority aforesaid, That all and every master or commander of any vessel, who shall neglect or refuse to comply with the provisions tJj£* of this act, shall forfeit and pay the sum of four hundred dollars, to be sued for and reco- act. Vered by action of debt, in the name of the person choosing to prosecute for the same, in any of the courts of this State, having competent jurisdiction, one half whereof shall be appli- 30® LAWS OF GEORGIA, (No. 220.) ed to the use of the informer, and the other half to be paid to the commissioners of pilotage of the port of Savannah, to be applied to the purpose of improving the navigation of the river Savannah. ABRAHAM JACKSON, Speaker of the House of Representatives* JARED IRWIN, President of the Senate. Assented to, June 26, 1806. JOHN MILLEDGE, Goveritoiu (No. 221.) AN ACT To make permanent the site for the public buildings in the county of 7fattnatl, and to ap« point commissioners for that purpose. Sec. i. % enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That Clement Bryan, William Williams, Shadraeh Standley, Jesse Bird, sen. and John Watts, be, and they are hereby appointed commissi- public build- oners for fixing on the site of the court-house and jail in the county of Tattnall, and that flaflcounTy" they, or a majority of them, shall, within twelve months after the passing of this act, meet at the present temporary court-house of said county, and fix upon the place for the permanent seat of the public buildings of said county, w hich shall be as near the centre of said county, as shall be expedients Commission- ers appointed to fix on the site for the To purehase the land for Sec. 2. And be it further enacted by the authority aforesaid, That the said commissi- oners, or a majority of them, after having agreed npon the permanent site for the public that purpose, buildings of the county aforesaid, shall have full power and authority to purehase or other- for building- wise procure titles in fee simple, in trust for the aforesaid county, not less than six, or the same. more than one hundred acres of land ; and after having made choice of so much of said land as may he thought necessary for the public buildings, to lay off* in lots and dispose efthe same, as in the judgment of the said commissioners or a majority ©f them shall think will be most conducive to the interest of said eounty; and the said commissioners or a majority of them are hereby authorized and required to contract for, and cause to he built, a court-house and jail of such dimension and on such plan as they shall deem most eonvenient to answer the end proposed, of which said contract for erecting said buildings the said commissioners or a majority of them, shall give at least thirty days public notice thereof. PASSED IN THE YEAR 1800. 101 Sec. S. And be it further enacted, That the justices of the inferior court of said coun- (No. 221.) ty shall be, and they are hereby authorized and impowered to lay a tax on the inhabitants rto °deC- and taxable property of the same, which tax shall not exceed one fifth of the general tax, fr*^s egh°p and the monies arising therefrom, or so much thereof as will be sufficient to defray the same, expenses of the public buildings, shall be paid into the hands of the commissioners of the same, to be applied to and for that express purpose. Sec. i. And be it further enacted, That the superior and inferior courts shall be held Courts to be in the two story house at Cox's old mills, in the county aforesaid, until the aforesaid pub- 0id mills un- lie building shall be completed, and no longer. completed^ 3 Sec. 5 JBE it enacted by the authority aforesaid, That all laws and parts of laws, here- ciau^e.pealmg tofore passed, which militate against this law, be, and they are hereby repealed. ABRAHAM JACKSON, Speaker of the House of Representatives. JARED IRWIN, President of the Senate. Assented to, June 26, 1806. JOHN MILLED GE, Governor. AN ACT (No- 2220 To amend an aei, entitledi( An Act, to amend and continue in force, an act to raise a tax for the support of government, for the year 1805, until the meeting of the next General Assembly, and from thence until the same shall be repealed"—passed at Louis- ville. the Mil of December, 1805.* i Itj' E' it enacted by the Senate and Home of Representatives of the State of Georgia, in General Assembly met, and by the authority aforesaid, it is hereby enacted> Tux on bank slock rcdu* That the tax imposed by the aforesaid act, upon the branch bank of the United States, Ced. at Savannah, be reduced to thirty-one and a quarter cents, pei hundred dollars, upon the amount of capital of said hank, on the first day of January last.* '* See act of Ueeenibcr, 1836, Ne. 257, section 6, making- this sum of 31 1 4 cents on every hundred dol- lars amount of capital, the unconditm. 1 on any banking- in this State. 302 LAWS OF GEORGIA, (No. 222.) Provided, The directors or easliier of said bank shall render on oath to the receiver of tax returns a true account of the capital of said branch bank, on the said first day of January last, within sixty days from the passing of this act, and in default of making such return, the tax imposed by the above recited act, shall be leyied and collected a? directed therein. Proviso. ABRAHAM JACKSON, Speaker of the House of Representatives* JARED IRWIN, President of the Senate. Assented to, June 26, 1806, JOHN MILLEDGE, GOVEEKOR, (No. 223.) AN ACT To pardon Sally Nelson* W HEREAS at a superior court held in and for the county of Jackson, for April term, in the year of our Lord, one thousand eight hundred and six, a certain Sally Nelson Preamble. was convicte^ crime of murder, and received sentence of death, to be executed on the nineteenth day of May, in the said year of our Lord, one thousand eight hundred and six—but, on the petition of sundry persons, inhabitants of said county, and others, to his excellency the Governor, praying a respite for the said sally Nelson, which was granted until the nineteenth day of December next. BE it enacted by the Senate and House of Representatives of the State of Georgia in pardoned1S°n ®enera^ Assembly met, and by the authority of the same, That from and immediately after the passing of this act, the said Sally Nelson, be, and she is hereby declared to be fully, and entirely pardoned, exonerated and discharged from the pains and penalties of her said conviction. ABRAHAM JACKSON, Speaker of the House of Representatives* JARED IRWIN, President of the Senate* Assented to, June 26, 1806. JOHN MILLED GE, Governor. PASSED IN THE YEAR 1806. SOS AN ACT (No. 22*/ To alter and repeal « An Act to authorize the Justices of the Inferior court of Frank- lin county to levy an extra tax for the purpose of building a court-house and jail in said county, and making permanent the seal of the public buildings in said county." Sec. 1. ^ enaCf€(i iy ihe Senate and House of Representatives of the State of Georgia, in General-Assembly met, That the justices of the inferior court of the county of ^ ^ Franklin, are hereby authori zed to impose a proportionate extra tax on the inhabitants of alfowedrrark said county annually, equal to one half of the general tax, until they shall have collected p^rpJ^sUnt" a sum of money sufficient to defray the expenses of building a court-house and jail in said county ; which said tax shall be collected in the same manner as the general tax; out of which sum the tax-collector shall be entitled to receive two and one half per centum for his services ; which said tax when collected shall bo set apart for the special purposes above mentioned. Sec. 2. And be itf urther enacted, That the justices aforesaid, shall, within fourmonths Justices r f from the passing of this act, let the said buildings to the lowest bidder, at the place con- t^letThe pub templated for the erection of said buildings, which shall be at the town of Carnesville, or i:c buildings, the nearest adjacent situation thereto, to which sufficient titles can he obtained. Sec. 3. And be itf urther enacted, That the law heretofore passed on that subject, be, Repc and the same is hereby repealed.* ABRAHAM JACKSON, Speaker of the House of Representatives. JARED IRWIN, President of the Senate. Assented to, June 26, 1806. JOHN MILLEDGE, Goyerxoe. clau'e. AN ACT To alter and repeal certain parts of an act, entitled (i An Act, for the limitation of actions, and for avoiding suits of law, and to repeal the act passed on that subject, the 26th day of March, 1767, for the better and more effectually quieting men's pos- sessions and estates, and for avoiding suits at law;" patsed the 7th of December, 1805, (No. 225.) Sec. 1. E it enacted by the Senate and House of Representatives of the State of Geor- Persons com . . menciDg gia, in General Assembly met, and by the authority of the same, it is hereby enacted, tions before, and discontin- * See act of 1806, No. 232, on this subject, and repealing all other laws. or being m LAWS OF GEORGIA, (No. 225.) That when any action shall he instituted within the time limited in the said recited act, ter "the4'term an(* the plaintiff be non-suited, or shall discontinue the same after the term of limitation is of limitation Expired, that he shall be permitted to renew his action within six months thereafter, for lowed rsix'* one time only, and not after. And so much of the second section of the said act as is tim^ordyl °to rePaSnant hereto, be, and the same is hereby repealed. renew his ac- 4Act of 1767, Sec. 2. And be it further enacted, That the above recited act passed in one thousand andV5th sec- sevcn hundred and sixlty-seven, be, and the same is hereby declared in full force, as to tion of the act of 1805 re- all actions and causes of actions which originated under it. And that the fifth section of tho pealed. recited act passed in 1S05, be, and the same is hereby repealed.* ABRAHAM JACKSON, Speaker of the House of Representatives, JARED IRWIN, President of the Senate. Assented to, June 26, 1806, JOHN MILLEDGE, Governor. (No. 226.) AN ACT To authorize certain commissioners therein named, to defne, ascertain and new mark the dividing line between the counties of Elbert and Franklin. Wi HEREAS the line dividing the counties of Elbert and Franklin, has never been Preamble, properly defined and ascertained-—and difficulties having already arisen for the want of such ascertainment: For remedy whereof* Commission- Sec. 1. RE it enacted by the Senate and House of Representatives of the State of era appointed Georgia, in General Assembly met, That Richardson Hunt and William Pulliam, citizens to mark the dividing line, of the county of Elbert and John Martin and James Little, citizens of the county of Franklin, shall be commissioners for and en the part and behalf of the counties aforesaid, who shall be invested with full power and authority to define and ascertain the said line, and plainly to mark the same: which line when so marked as aforesaid, by the commis- sioners aforesaid, or a majority of them, shall be deemed, held and taken, as the true line of division between the said counties. See act of 1806, No. 264, reviving the act of 1767, and declaring it in full force hom the 1st February, 1793, and repealing all others militating against the true intent and meaning of said act of 180d. PASSED IN THE YEW ISOC. 205 Sec. 2. And be it further enacted, That the said commissioners shall receive as a com- (No. 22fO pensation for their services, the sum of three dollars each per day; which shall he paid by Sonars pe! the inferior court of each of the aforesaid counties, out of the county funds. day- Sec. 3. And be it further enacted, That in case of the death, disability, or refusal Justices < f to act, of any of the aforesaid commissioners, the justices of the inferior court of the court hi I county in which the same may happen, shall immediately proceed to fill such vacancy. vacancies. Sec. *. And be it further enacted, That the said commissioners shall make return of Tomuhc c- their proceedings to the inferior courts of their respective counties, on or before the last day of July next. Sec. 5. And be it further enacted. That all laws heretofore passed on that subject, ciaiJePeal be, and the same are hereby repealed.^ BENJAMIN WIIITAKER, Speaker of - the!House of < Representatives^ EDWARD TELFAIR, President of the Senate* Assented to, November 21, ISOfi. JARED IRWIN, Covekxoe, (No. 227.) AN ACT For the better regulation and government of the town - of Watkinsville, in the county of Clarke. Sec. 1. J^E if enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That Bedford Brown, Edward Bond, and Robert' Echols, shall be commissioners of said town, and their successors in office, shall have full ers named and their powers power and authority to pass all bye-laws and regulations which may be necessary for the improvement and repairing of the streets of the said town, and the preservation of the Proviso, public springs—Provided, That such bye-laws and regulations, shall not be repugnant to the constitution and laws of this State, and that no penalty thereby imposed shall extend Commission- *" See act of 180r, No. 303^ repealing this and all other acts on the subject, and appointing other com-- miesioners. P-2 liAWS OP GEORGIA, (No. 227.) to corporeal punishment (except to people of color).—Jlnd provided also, That the said commissioners shall not impose any tax upon the citizens of the said town which shaR exceed one dollar on each poll within the term of one year. Sec. 2. Jlnd be it further enacted, That the said commissioners shall continue in office until the first Monday in January, one thousand eight hundred aod eight, and on I'ct-iT be £° ^ie first Monday in every year thereafter, on which day all the free male white citizens of the said town who have given in their taxable property, and who are entitled to vote for members of the General Assembly, shall assemble at the court-house in said town, and by ballot elect other commissioners, who shall continue in office for one year; at P .*, which election, two justices of the peace for the said county shall preside: Provided .nevertheless, That the said commissioners shall be re-eligible to the said appointment, 'BENJAMIN WIIITAKER, Speaker of the House of Representative* EDWARD TELFAIR, President of the Senate. Assented to, November^, 1800. . JARED IRWIN, Govebn-OB, AJN AGT To regulate the town of Jefferson, in the county of Jackson, and to make permanent the seat of the public buildings of said county. (Xt. 228.) Sec. I. jt enacted bij the Senate and House of Representatives of the State of Georgia, in General Jlssembly met, and by the authority of the same, it is hereby enacted, Commission- That Buckner Harris, David Witt, John Allen, Thomas Hyde, and Stewart M< Gravy, and their ' Esquires, shall be commissioners of said town, and (heir successors in office, shall have powers, £ujj p0WeP an(j authority to pass all bye-laws and regulations which may be necessary for the improving and repairing of the streets of the said town, and the preservation of the public springs—Provided, That.such bye-laws and regulations be not repugnant to Proviso. the constitution and laws of this State, and that no penalty thereby imposed shall extend to corporeal punishment (except on slaves or persons of colour)—ilnd provided also, Thai the said commissioners shall not impose any poll tax upon the citizens of the said towc "Which shall exceed one dollar, within the term of one year. PASSED IN THE YEAR lSOff. Sec. 2» t-2nd be itfurtha• enacted, That the said commissioners shall continue in {No. 22S.1 6fTi'ce until the first Monday in January, eighteen hundred and eight, on which day and on elected.t0 b the first Monday in January every year thereafter, all free male white citizens of the said to\Vn, w ho shall have given in their taxable property, and are entitled to vote for members of the General Assembly, shall assemble at the court-house of said county, and by ballot elect other five commissioners, who shall continue in office for one year, provib0. at which election any two justices of the peace of said county shall preside: Provided nevertheless, That the said commissioners shall be re-eligible to the said appointments* The town of Sec, 3. And be it further enacted, That the said town of Jefferson, be and the same Jefferson, the is hereby declared to be the permanent seat of the public buildings, and of the admini-" ^ite,of the stration of public justice in said county. - Fn^sllC buiW" BENJAMIN WIIITAKER, Speaker of the *Rouse of Representatives** EDWARD TELFAIR, President of the Senate*- Assented to, November 2i, 1S06. JARED IRWIN, Governor*- AN ACT#- (No. 2290 To regulate the town of Lexington. j&EC. - i. lf^| -g ^ enacied ly the Senate and Rouse of Representatives, in General Jlssem* bit) met, and by the authority of the same it is hereby enacted,,That Mathew 'Gage, George Philips, John Gresham, Thomas W. Cobb, ahd George Pascal, and their sue- -cessors in office, shall be Commissioners of the skid town, and sh&ll have full power and authority to pass all bye-laws and regulations which may be necessary for the improving and repairing of1 the streets of said town, and the preservation of the 'public spring— Provided, That such bye-laws and regulations shall not be repugnant to the constitution Rnd laws of this State* and that no penalty thereby imposed shall extend to life, limb, or corporeal punishment on white persons : And provided also, That the said commission1- era shall not impose any poll tax upon the citizens of the said town, which shall exceed one dollar within the term of one year. Commission-} ers named and their powers. Proviso. Proviso. 'JThis act amended by act of 180/, No. 302. diAWS OF GEORGIA, (No. 329.) Sec. 2. And be it further enacted, That the.said commissioners.shall continueiin office^ e^ectS t0 be tmtil the first Monday in January, 1808, .on whichday, and on the first Monday in January jm every year thereafter, all the free male white citizens of .the said town, who shall have .given in their taxable property, and who shall be entitled ]to yotc for members of the General Assembly, shall assemble at the court-house in-said town,,and Jby ballot elect five other commissioners, who shall continue in office for one year, at which election any two of the justices of the inferior court, or justices of the peace of said county shall Proviso. preside: Provided nevertheless, That the said commissioners sliall he re-eligible to the said appointments. ■BENJAMIN WHXTAKER, Speaker of theHouse of Representative EDWARD TELFAIR, President of the Senate. Assented to, "November 2L 1806. JARED IRWIN, Governor * AN ACT (No. 230.) To authorize the trustees of»the University, through the aid and assistance of cci> tain commissioners herein named, to. establish a lottery, for the purpose of raising three thousand dollars, to purchase a library for the use of the University. Lottery ai- * JLBE it enacted by the Senate and House of Representatives of the State of lowed the U- Georgia, in General Assembly met, That it shall, and may be lawful for the commissioners raise'3ooo dol herein after named, to establish a lottery, i whereby they may be enabled to raise the sum lars. 0f three thousand dollars, for the purpose of purchasing a library for the use of the thii- Versity of this State, under such schemes and regulations as they, or a majority of them, may deem necessary and proper to carry into effect the above recited object. Sec. 2. And be it further enacted, That Thomas Camming, John Murray, .John Commission- Willson, the elder, John Twiggs, and Thomas Flournoy, he, and they are hereby ers named-, appointed commissioners to carry into effect the aforesaid lottery. BENJAMIN WHITAKER, Speaker of the House of Representative?* EDWARD TELFAIR, President of the Senate. ^Assentedto, November 28, 1806. , JARED IRWIN, Governor. PASSED IN THE YEAE 1806, 300 AN ACT (N«. 231/ To- amend an act, entitled, " tin Act to empower the inferior coiirts of the several conn* tics in this State, to order the laying out^f public roads, and to order the building and ; keeping in repair of public bridgesso far as respects the county of Effingham, Sec.1. JU £ ^ ejiacfctf, That all overseers of roads, who shall refuse or neglect to do their g^thjtheir duty as is directed by this act, or shall not keep the roads and bridges over small water duty, liable to * j i , , . . , i • a penary o\ courses, and cause-ways over swamps and low lands in repair, or let them remain un- 200 dollar,, el-eared or out of repair, for and during the space of thirty days, unless hindered by extreme bad weather, such overseer shall forfeit for every such offence the sum of two hundred dollars—one moiety thereof to the informer, and the remainder to the use of Irov/ a^)5. the county, to be recovered by warrant or execution to be issued by the inferior court ^ of the county where such default shall happen; which court is hereby authorized and em- powered to examine into such default in a summary manner, after having given tw enty days notice to such overseer, to come forward and exculpate himselfffrom such charge, Sec. 2. And be it further enacted, That this, act shall he in force in the county of forIe only b ° Effingham only, Effingham. > Sec 3. And be it f urther enacted, That the fifth section of. the. above recited act, so 5th section of the before recited act re pealed. far as respects the county of E ffigham, he, and the same is hereby repealed. . BENJAMIN WIIITAKER, Speaker of the Ilousc^of Representatives* EDWARD TELFAIR, President of the Senate, Assented to, November 28, 1806„ JARED IRWIN, Goveemok. AN ACT To make permanent the seat of the public buildings in the county of Franklin and to appoint commissioners to erect the said buildings, Sec.-d. JJe it enacted by the Senate and House of Representatives of the State of pe^^aa Georgia, in General Assembly met 9 That Carnesville, in the county of Franhlin, shall be site of the the permanent seat of the public buildings thereof. - £?g,iC build* (No, £33.} JAWS OF GEORGIA* (No. 2320 Sec. 2. Jlnd be it further enacted, That James Terr el, Obediah Hooper, Joseph er°Earned to handler (of Broad liver) Frederick Beall, and Benjamin King, be, and they are hereby erect said appointed commissioners to erect said building, and they ol» a majority of them, are buildings. hereby fully authorized and required, after giving twenty days notice, at three or more of the most public places in the county, shall contract for, or let the building of the court-house and jail, of such dimensions, and on such plan as they shall deem most con- venient to answer tbc end proposed, at the place aforesaid.. authorized Sec. 3. find be if further enacted,, That the *said commissioners, or a majority of tandTof^aid ^iem> are hereby authorized and empowered to draw on the funds of the, said county for' county for such sums of money as may be necessary to defray the expense of said buildings, cebbury expen. ijKS. Repealing ®EC* And be it further enacted, That all laws or parts of laws, heretofore pas- clause. sedj that militates against this act,, be, and the same is hereby repealed., i BENJAMIN WKXTAKER, Speaker of the House of Representative s EDWARD TELFAIR,. President of the Smtite►" Assented to, November 29,. lsoa^ JARED IRWIN, Governor^ AN ACT 2b authorize the justices of the inferior court of Hancock county id levy an extra tax' for the purpose of building a new jail, and making' such repairs to the. court-house of said county, as may appear necessary. (No. 333.) An extra ** jfjjg # enacted by the Senate and House of Representatives of the State• JLiiicock°Sd °f Georgia, in General Assembly ma, and i\ is hereby enacted, by the authority of wmntypurpo- the same, That the justices of the inferior eoitvt of Hancock county shall he, and they * are hereby authorized t© levy an extra tax on all persons and property in said , county, liable to taxation, for the purpose of building *t now jail, and making such repairs to the court-house of said county as tnay appear heeossary and proper—-Provided, the amount Proviso* g0 jcvjej s]ia]i not exceed one third part of the general tax—And provided also, that th« tProris^d lovy shall not pc continued more than three years. PASSED IN THE YEAR 1806. Sec. Z, Andbeitfurther enacted, That the collector of tax for said county shall col- (No. 233.) lect and return to the court the amount so levied, to be by them applied to the purposes ..aforesaid, after deducting the lawful per cent, for collecting the same.* BENJAMIN "WHXTAKER, Speaker of the House of Representatives* JEBWARD TEXJ?AXR« President of the Senate. . Assented to, November 29, 1 SOS. JAEED IRWIN, Goyebho®. AN ACT (No, 534.) To regulate the election of Alder men for the city of Savannah, and the city officers, and to repeal the laivs heretofore passed on that subject. HEREAS by the present mode of electing aldermen for the city of Sayannab, a great number of citizens are wholly disfranchised, deprived of the inestimable privilege Preamble, of voting for their representatives, and subject to penal laws, arbitrary fines and taxes, imposed upon them without their consent, in direct violation of the fundamental princi- ^ples of the constitution. . Sec. i. BE it thertfore enacted by the Senate and House of Representatives of pre&entmav<; Ahe State of Georgia, in General Assembly met, and it is enacted by the authority or and abkr- of the same, That the present mayor and aldermen of the said city, shall continue in tinue in office office until the first Monday in September next, and from thence until their successors Moncb^i^^ shall be duly elected and qualified, according to the directions of this act, r Stembel Sec. 2. And be it further enacted by the authority aforesaid. That on the said first an election Monday in September next, and on the first Monday in September in every year thereafter to be held on an election shall be held in the court-house in Savannah, for aldermen to represent the dayinevery** several wards of the said city, by three or more justices of the peace, or justices of the ^aldcrmS inferior court, not being candidates, whose duty it shall be to preside at, and superin- tend the said election | and it shall be the duty of the sheriff of the said city to attend, the said election, with two or more constables to keep and preserve order. * See act of 1807, No. 314' amendatory of this act S12 LAWS OF GEORGIA* (No. 23i.) Sec. 3. And be it further enacted, That the said election shall be by the citizen?, tied^to vote1" inhabitants of the said city, who shall have resided therein six montlis previous to the at said elec- day of election, and who are entitled by law to vote at elections, for representatives or members of the legislature of this State, and the said election shall be opened, conduct- ed and closed in the same manner as is established by law for elections of members of the legislature* 1 Sec. 4. And be it further enacted,That at the said fictions, the said electors shall elect from among the citizens generally, one alderman for each of the wards of the said city and shall at the same time elect, a city-marshal, sheriff, clerk of the council, clerk of the mayor's court and clerk of the market, which said officers shall give such security for the faithful execution of their duty, as the said corporation shall require and approve.* Repealing Sec. 5, And be it further enacted, That all acts, and parts of acts, heretofore pas— clause. ged, so for as the same militate with this act, bo and the same are hereby repealed. BENJAMIN WIIITAKER,. Speaker of the House of Representatives** EDWARD TELFAIR, President of the Senate, Assented to, November 29,1806, JARED IRWIN, Governor.* The said e- lectors to ap- point at the same time & place Vhe city officers'. AN ACT (No. 235.) . To amend an act, entitled " an act, to carry into effect the 9th section of the third' article of the constitution." ec. 1. endued f]{e Senate and House of Representatives.of the State of' Georgia, in General Assembly met, and it is Jiereby enacted by the authority of the same> k Divorces to Tliat tlie divorees recognized by this act shall be absolute, and totally dissolve the mar- oj" conditional riag& contract, or conditional, and only separate the parties from bed'and boardy and provide for separate maintenance and support of the parties, and their issue. * see act of 1808, No. 825, fjdterii)g this mede of election and placing it in the bands of the ^%or and Aldermen of fbechycf Savannah? PASSED IN THE YEAR 1800. 5*5' Sect. 2. JLnd he it further enacted, That all cases of divorce which shall come before (No* 23*5.) the superior court, shall be tried by a special jury,^ who shall enquire into the situation of the parties before their intermarriage; and also at the time of trial, and in all cases jury, who ape ° to enquire in- where they shall determine in favor of a conditional divorce, they shall by their verdict to the situa- or decree make provision out of the property of which the husband may be possessed, parties before for the separate maintenance and support of the wife and the issue of sueh marriage, mama£e« which verdict or decree, the said court shall cause to be carried into effect according to Their fur- tlicr duty, the rules of law* or according to the practice of chancery, as the nature of the case may requires ' » Sec. 3. JLnd be it further enacted ,■ Thatin all cases wliere the verdict shall be for absohj.tedi-°f vorce the of- fending- party other. Proviso. an absolute divorce, the party whose improper or criminal conduct shall authorize such divorce, shall not be permitted to marry again during the life of the other party, and in not allowed to case of such second marriage, the party so offending shall be subject to the pains and thelifeof the penalties enacted against bigamy—Provided always, That where the marriage is decla- red void for such causes existing before such intermarriage as are recognized by the ecele- slastieal courts, the said parties may marry again, any thing herein before contained to the contrary notwithstanding. Sec, JLnd be it further enacted, That in all cases wliere the special jury shall leg-Siture*15 have brought in a verdict for an absolute divorce, and the General Assembly shall re- will not sane- ° , * tiori, by law, fuse to pass a law to carry the same into complete effect, it shall he lawful for either par- a divorce ren- ty to apply to the superior court of said county, after giving thirty days notice in wri- ryH? vdiat?U" ting, of such application to the adverse party,, if within the'States and if out of the State, three months notice^ in one' of the public gazettes—and it shall he the duty of he ^relieved, such court to appoint three commissioners, who shall, enquire into-the situation of the spects a sepa- parties before their intermarriage, and also at the time of 'such enquiry % and shall de- Tatl0n' termine upon the support or provision wliieli- may be necessary for .the separate mainte- Duty of the nance of the wife, having due regard to her situation before marriage, and also the sit- suPeil0rc0ldt Uation of the husband at the time of such enquiry.—and the* said three commissioners, - To appoint 11 ' if ^ i three commis before they proceed to make the enquiry," shall ■ take and subscribe before one ox the sionei-s, their justices of the inferior court, oirjustices'of the peace of.said county, the following oath dut^' or affirmation^ viz:—-I, A,- B, do solemnly swear or affirm, that I will, without preju- dice or partiality, faithfully enquire, and justly decide upon the case now submitted to me, and that I will make my report or decree thereon according to the principles of justice and equity, to the best of my skill and understanding, So help me God. And it shall be the duty of such Commissioners to report their decision or decree in the- premi- ses to the next superior court of the county aforesaid j which, shall cause the same to he entered as the judgment of said court, subject nevertheless to be altered or modified by * See act of 1810, No. 519, prescribing the Oath to be taken by such jury. sii 'xuvws of georgia; (No. 235*) the said court, Provided, application pbe made to the next superior court of said county Proviso. for that purpose, stating the grounds upon which, such application is founded, and in such case it shall he the duty of-the'said superior court to refer the said decree, or re- port to the-same commissioners,'with two additional commissioners,'.who shall take the oath herein before prescribed, and shall proceed to re-examine the said decree, and re- port their decision or decree in the premises, to the next superior court of-said county; which shall be entered as the judgment or; decree of said court. Sec. 5. Jlnd be, it further enacted, That all commissioners appointed under aid by o'iers°ttTsitm- v*rtue lids act, shall have power to compel the attendance^of such witnesses, as may flion witness- be deemed necessary by. the parties, before them, at such time and place as they may cessaiy.rene appoint for their meeting; and shall also have competent powSr and authority to admini- ster an oath to such witnesses, and shall take down, the testimony of such witnesses bfc r .writing, .which shall be annexed to their decree, and be deposited in. the. clerk's office- ■After pro vi- Sec. 6- *&nd be it further, enacted, That in all cases where provision is made for the for^hewiit— separate maintenance of, the, wife ..according to. the provisions of this, act, the. husband smb'ectto her no^ subject to any eon tract made thereafter by such wife, hut in all & every such debts. case, the wife shall be subject to the payment of her own debts, out of her separate main- J , teaance,. during the time. that, such separation, and separate maintenance shall continue. Jn cases of „ divorce the * issue not bas- Sec. 7. And be it further enacted. That in all cases of divorce,"the jssue of such tardized. , marriage shall not he bastardized, but shall be capable of taking by descept.of distrihu- Persons ap- tion from either of their said parents, plying for a i' " ' ' divorce toren 11 y Sell-property ?• Jlnd be it further enacted, That in all cases of applications for a divorce, the on oath, at the party applying shall render a, schedule on oath, of the property owned or possessed by ration^to^the said parties at the time; of-,sucli application, or if the parties have separated, at the peHor°courtU tihie °f such separation, which shall he filed, of record by. the clerk of; the. superior court, .To be divid- and after all just debts shall be paid, shall be subject to a. division or equal distribution 'the children between the children of such parties, cxcept the jury before,whom the same may be °fUnderrtthe tric4? s^.aU thinkproper to pillow either party a part thereof. r,discretion .of j 1-1 ^Repealing- Sec. 9. And be it further enacted, T?hat so much, of, the before Recited „act, as is re- clause. pugnant to this act, be and the same js hereby repealed. BENJAMIN WHITARER, Speaker of the House of RejpreeentatWW JED WARD TELFAIR, President ofjhe Senate. Assented to, TJecemher 5, 1806. ,JAKED IRWIN, Goyewtob. JPASSED IN THE YEAR ISOd. •Oh AN ACT (No. 230.) Jo repeal an act, entitled An Act to incorporate Vann's -Creek Baptist Church, tn t Elbert county." "W HEBEAS the said church, by their petition presented, to - the present General Assembly, praying a repeal of the aforesaid act: Preamble BE it therefore enacted by the Senate and House of Representatives of the State of Geor- gia in General Assembly met, and it is hereby enacted by the authority of the same, B^pJ^'ts<"rqek That the above recited act, and every part thereof,-be and the same is hereby repealed., church^inc^- repealed* *> BENJAMIN WHITAKER; Speaker of the. House of Representative#. * + i EDWARD TELFAIR,. President of the Senate. 4 . t Absented'to, December 5', 1806.% JARED IRWIN," GoverxoRo t AN ACT' (No. 237:)1 To incorporate the Red's Creek Baptist Church, in Columbia county:- £&& *• Jj E it enacted by the Senate- and' House of' Representatives of the State of 0n hold, claim or enjoy. BENJAMIN WHITAEER, Speaker of the House of Representatives* EDWARD TELFAIR, President of the Senate♦ Assented to, December s, 1806. , JARED IRWIN, Governor (N». 33?.) AN ACT fo amend the acts for regulating Vendues—so far as to'authorise a Fendue-Master for the Town of Millcdgemlle. 4er appointed for Milledge Ville. E it enacted by the Senate and House of Representatives of the State of Georgia, in Vendue mas General Assembly met, and it is hereby enacted, That there shall be a vendue-master for the town of Milledgeville, who shall be appointed by concurred resolution of both branch* es of the Legislature, and who shall in all respects proceed and conduct himself in con- formity to the several acts heretofore passed for regulating vendues, during the time he may continue in office. BENJAMIN WHTTAKEIl, Speaker of the House of Representatives EDWARD TELFAIR, President of the Senate, Assented to, December 5, 1806, JARED IRWIX, Governor. PASSED IN THE YEAR 1806. -S15T AN ACT (No. 239.) To change the time of holding the Superior Courtin the counties of Oglethorpe, Clarke and Jackson. Time of :Sec. 1. e emitted by the Senate and Bouse of Representatives, of the State (f Geor- ^ ■gia, in General Assembly met, and by the authority of the same, it is hereby enacted, rior courts in /rhat immediately from and after the passing of this act, the times of-holding the superi- Jj^n^nd ; or court, in said counties, shall be as follows, viz—In the county of Oglethorpe, on the Clarke change - second Monday in March and September-—in the county of Clarke, on'the third Monday 'in March and September,- and in tfye county of Jackson,, on the fourth Monday in March vUnd September, .Sec, 2. Arid be it further enacted, That the grand and petit jurors and witnesses, sum- j^noned to appear before such courts, and all writs and recognizances returnable on the juries* wit* , days, upon which said courts would have been held under the laws heretofore in force, attend said ai^ shall be returnable to the several days herein before specified for holding of the said courts tered courts, rin the aforesaid counties—any law, usage or custom, to. the contrary notwithstanding, :BENJAMXN WIIITAKER, Speaker of the Bouse of Representatives* EDWARD TELFAIR, President of the Senate. ^Assented to, December: 5, 1806. i, JARED. IRWIN, Governor AN ACT (No. 2£0.) To empower thelnferiorcourt of Jefferson county to levy unextra taxf for the purpose r of building a new Jail in said county. Sec* i. 11 ** ^ ' JLJ E'it enacted by the Senate and Bouse of Representatives of the State of Extra tax Georgia, in General Assembly met, and it isJiereby enacted by the authority of the same> SiuHtfl That the justices of the inferior court of the county of Jefferson, be, and they are hereby purpose*7 authorized to levy an extra tax on all person^ and property in said county, liable to taxa- tion, for the purpose of building a new Jail therein—Provided always> nevertheless, That the said tax shall not exceed more than one fourth of the general tax, nor continue In force for more than three years* T rXQYisa, 313 LAWS OF GEORGIA, (No.. 240.) Sec. 2. And be it further enacted by the authority aforesaid, That the tax-collector lector?°fC01 for said county, shall collect and return to tbe jutices of the inferior court of Jefferson county, aforesaid, the amounts© levied, to be by them applied to the purposes afore said* after deducting the lawful per cent, for the collection thereof. BENJAMIN WHITAKER, Speaker of the House of Representatives.- EDWARD TELFAIR* President of the Senate. Assented to,, December 8, 1806. JARED IRWIN, G OVERNOll. (No.. 241.) AN ACT To authorixe the Inferior Court of the county of Clarke to levy an extra tax, for the: purpose of enlarging or re-building the Court-House in said county. B E it enacted by the Senate and House of Representatives of the State of Georgia, in- General Assembly met, That the justices of the inferior court of the county of Clarke, Extra tax are hereby authorized and required, to impose a, proportionate extra tax on the respective Clarke^ coun- inhabitants of said county, annually, for three years in succession, not exceeding the one ty, for county ^jr(j 0f tke ailnuai general state tax of each inhabitant—which said tax shall be collected in the same manner, and under the same restrictions as are laid down for the collection of the general tax_of this State 3 and the monies so arising from the extra tax as afore- said, shall be appropriated for the special purpose of enlarging or rebuilding the court- house of said county of Clarke. BENJAMIN WHITAKER, Speaker, of the House of Representative EDWARD TELFAIR, President of the Senate. Assented to, December 8, 1S06„ JARED IRWIN, GovWSOKj PASSED IN THE YEAS 1806. 31& AN ACT (No. 312.) T? authorize the justice$ of the inferior court of Washington county to levy an extra tax, for the purpose of repairing the court-house and jail of said county, so far as may appear necessary. Sec. 1. JQj j, ^ en&ctcd by the Senate and Ilmlsc of Representatives of the State of Geor- apoj!e™ tax gia, in General Assembly met, and it is hereby enacted by the authority of the same, That Washington the justices of the inferior court of Washington eounty, shall be, and they are hereby "county pur- authorized to levy an extra tax on all persons and property in said county, liable to taxa- poses' tion, for the purpose of repairing the eourt-house and jail, so far as may appear neces- sary and proper—Provided, the amount so levied, shall not exceed one fourth part of the general tax.—And Provided also* That the said levy shall not continue for more than Pr0Vl60"' . three years. -Sec. 2, And be it further enacted, That the collector of tax for said county, shall ie^ll/ofco^ collect and return to the court the amount so levied, to be by them applied to the purpose aforesaid, after deducting the usual per cent, for colleeting^thc same. BENJAMIN WHITAKER, Speaker of the House of Representatives* EDWARD TELFAIR* President of the Senate* Assented to, December 8, 1806. JARED IRWIN, Goyehnou, (No. -24r3.) AN ACT '.To authorize the justices of the inferior court of the county of Columbia, to levy an extra, tax, in aid of ths county funds, for the purpose of building a court-house in said county. Sec. 1. JjE it enacted by the Senate and House of Representatives in Gen- epol Assembly met, and it is hereby enacted by the authority of the same, Extra tax Thatthe justices of the inferior court for the county of Columbia, are hereby author- Vul^®d c^ ized to levy an extra tax on the inhabitants of said county, annually, liot to exeeeJ ty. for county -ooo fourth part of the general tax $ which said tax shall be collected in the same manner pUrP0SW) '•The more effectually to ensure the testimony of witnesses going beyond sects, or removing without the jurisdiction of the State, and aged and infirm persons* HEREAS no provision is made by the laws of this State for taking the examina- Preatnbla iion of witnesses, going beyond seas, or removing without the jurisdiction of this this State, or who from infirmity may be unable to attend the court, in suits or actions, there pending, by which serious injuries result to the citizens thereof. Sec. 1. RE it therefore enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly 'met, and it is hereby enacted by the author Witnesses rity of the same, That in case either plaintiff or defendant, may deem any witness or ^asn&0breyt0b^ * See act of 1807", No. 271, amendatory of this act—See also> act of 18X0. No. 535, amendatory, and stateS or hi- die^uing', specifically the powers of the Commissioners. firm to be ex- amined by or- dey of court. 3'24 LAWS OF GEORGIA, In what manner. (No. 247.) witnesses material, on any cause or causes pending in any of the courts'oTlaw in this State^ and who are going beyond seas ,removing without the jurisdiction of the State aforesaid, or from age or other bodily infirmity, may be unable, personally to attend the said court, application by petition to the judge of the superior court, if the action is there pending, or in his absence to one, or more justices of the inferior court, stating the grounds for such application, to which petition the party so applying shall annex an affidavit, stating the materiality of the witness or witnesses, that he, she, or they, are removing without the jurisdiction of the State aforesaid, or going beyond seas, or from age, or bodily in- firmity, are unable to attend court; and that lie cannot with safety proceed to trial with- out such testimony; And it shall be the duty of the judge, justice or justices to grant the prayer of the petioncr, and fix a day on which he, or they will attend to receive and take the examination of such witness or witnesses, and when he or they shall have so taken and received the-testimony aforesaid, the same shall he sealed up, and directed to the clerk of that court, in which the suitor action may be then pending:—Provided always, The.adverse.party have at least three days notice,' for eyery twenty miles, he, she, or they, may reside from the place of taking such examination—JLnd provided also9 That in case the person or persons, whose.testimony shall have been taken, return or be able to attend such court, that then, and in that case, such written testimony shall not be received or read. Proviso. Proviso. BENJAMIN WHITAKER, Speaker of the House of Representatives* EDWARD TELFAIR, President of the Senate» Assented to, December 8, 1800. JARED IRWIN, Govehnob. (Jfe. 2AS.) ^ ACT To amend and explain an act, entitled « Jin act to revise and amend an act, to incorpo- rate the town of St. Mary's" so far as respects the secondhand ninth sections of the said act. w, HERE AS in and by the said act, it is among other things enacted, That any IVcSmble. two justices of the peace for the county of Camden, shall, without loss of time after the passing of this act, and on the second Monday in October annually thereafter, give ten days public notice in two or more places," and whereas doubts have arisen respecting the construction of the said clause, in the second section of the said act, as to the true attention of the legislature. PASSED IN THE YEAR 18G0. "Sec. l. BE it therefore enacted by the Sendte and House of Representatives of the State (No. 2i8.) of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, thesaidreci- That the true intent and meaning of the said section was, and is, to hold the election for j^d. a|h council-men, on the second Monday in October, ten days previous and public notice being first given. And whereas in and by the ninth section of the said incorporating act, power is ves- ted in the corporation to elect commissioners of pilotage, and to prescribe such rules and regulations for their government, as they may see fit—thereby precluding that body from having any control over the conduct of pilots, or passing such bye-laws and regula- tions, which to them might seem proper—which is absolutely inconsistent, unreasona- ble and unjust. Sec. 2. Be it therefore enacted by the authority aforesaid, That the said intendant &coun- oil, are hereby authorized and required to appoint a board of commissioners of pilotage, tlA for the port and district of St. Mary's—who shall hold their appointments during good be- and Council haviour, unless sooner removed by sentence on impeachment; and the said commission- ^ommlssion^ ers shall have power to appoint any number of pilots they may see fit for the same, and ®rs to prescribe any such rules and regulations as they may deem expedient therefor—which duty, rules and regulations shall be binding on all pilots and those that act under them, any law to the contrary notwithstanding. BENJAMIN WIIITAKER, Speaker of the House of Representatives* .EDWARD TELFAIR, President of the Sendte. Assented to, December 8, ±806. JARED IRWIN, Governor., AN ACT (No. 249.) "To incorporate the Presbyterian Chiirth of the city of Savannah* HERE AS a number of the inhabitants of the city of Savannah and county of Chatham, have by their memorial represented to the legislature, that on the 16th day of January, 1756, a certain lot of land, situate and being in the city of Savannah, and Preamble, known by the letter K* was granted to James Powell, Robert Bolton, James Miller, Joseph 525 LAWS OF GEORGIA, (No. 249,)Gibbons, William Gibbons, Benjamin Farley, William Wright, David Fox and John Fox, their heirs and assigns forever in trust nevertheless, and to the intent and purpose that a meeting-house or place of public worship for the service of Almighty God, should he erected thereon, for the use of such persons as were then residing, or might thereaf- ter reside in the district of Savannah, as wereprofessors of the doctrines of the church of Scotland, agreeable to the Westminster confession of faith, with a proviso in the said grant contained, that should such meeting-house or place of worship not be erected on the said lot within the time therein limited, then the said lot should revert to the grantors; that a meeting-house w as built within the time limited, and the professors of the Presby- terian religion, held, occupied and used the-same as their place of public worship, until the said meeting-house w as destroyed by fire, in the month of November, 1796, and the said lot was afterwards disposed of by the then trustees, on building leases, and hath ever since been held by the lessees—that in the. year 1800, the;professors of the said Pres- byterian religion, were enabled by subscription to build a church on their other lot in the said city of Savannah, known by the letter Q. which is their present place of wor- ship, and have prayed that a certain act of the legislature relative to the said church he repealed, and that they, the said memorialists, may be made a body corporate, and trus- tees appointed for the said Presbyterian church or congregation: Sec. 1. BE .'it thertfore enacted'by the Senate and House1 of Representatives, of the Savannah in- State of Georgia, in General Assembly met, and it is enacted by the authority of the same9 eorporated its commission- crs named. That Thomas Newell, Charles Harris, Francis Courvoisie, John G. Williamson, John Scriven, Barrack Gibbons, Thomas F. Williams, FingalT. Flyming and Benjamin Maurice, and their successors in Qffice, be, and they are hereby declared to be a body corporate, by the name and style of « The Trustees of the Presbyterian Church of the Their style, city of Savannah." * -vested with property, and have all cor- porate pow- Sec. 2. And be it further enacted, That the said Trustees and their successors in Shall be in- office, shall be invested with all manner of property, real and personal, all monies due, and to grow due, donations, gifts, grants, .privileges and immunities whatsoever, w hich shall or may belong to the said Presbyterian Cliundi, at the time of the passing of this ers. * act, or which shall, or may at any time, or times hereafter, be granted, given, conveyed, or transferred to them, or their successors in office-—to have and to hold the same, to the said trustees, and their successors in office, to the only proper use, benefit and behoof of the said church forever. And the said Trustees and their successors in office, may have and use a common seal, and shall be, and they are hereby declared to be capable, by the name and style aforesaid, of suing and being sued, impleading and being impleaded, in any court or courts of lawr or equity, and of using and taking all lawful and necessary act of 1807, No. 308. amending this act and pointing out the manner of electing their Trustees. PASSED IN THE YEAR 1806. 327 ways and means for recovering or defending any property whatever, which the said church (No. 24-9.) may have, hold, claim or demand, or the rents, issues and prolits thereof, or of any part thereof. Sec. 3. *1 nd be it further enacted, That the above named Thistecs shall continue in shall corn'- office until Easter Monday, in one thousand eight hundred and eight—and that on the until Easter said Easter Monday, one thousand eight hundred and eight,- annually thereafter, the Monday, 1808 and on ever> members of the said church shall convene at the said church;, between the hours of ten Easter Mon day Ihc-reatter and two o'clock, and then, and- there elect, from among the said members nine fit and there shall be discreet persons, as trustees of the said church, who shall be vested with all necessary Tmdeesl by powers, to carry the several purposes intended by this act into full effect. oft'd^iuu cf No proper- ty vested by Sec. 4. JLndr be it further enacted, That nothing herein contained shall he construed to vest in the said trustees, any right or title,, or. color of right or title to any estate or this act m property whatsoever, real or personal, other than such as doth, or may rightfully or tfen, but what lawfully belong t© the said Presbyterian church or congregation hereby made a body themnmv/or corporate. they may here after, acquire Sec. 5. Andbe it further enacted', That it shall not be lawful for the said trustees Not to dis»- or their successors in office, at any time or times,, hereafter, to grant bargin, sell,- alien, fee-simple fe- or convey, any real estate whatsoever, belonging to the said church, to any person or per- or ^ots* sons, under any pretence, or upon any consideration whatsoever, so as to dispose of the fee simple-thereof. clause. Sec. 6. And beit further enacted, That an act entitled " An act to increase the Repealing funds of the Presbyterian Church of the city of Savannah," he and the same is hereby repealed. BENJAMIN WHITAKER, Speaker of the House of Representatives*- EDWARD TELFAIR, President of the Senate.- Assented to, December 8, 1806. J ABED IRWIN, Gotbbsob. 328 LAWS OF GEORGIA, (No. 250.) AN ACT To limit the jurisdiction of the Mayor's court in the city of Savannah, and to alter the times of holding the same. IIE RE AS the frequent sittings of the Mayor's court in the city of Savannah, and Trcamble. tjie sma]j sums 0f which it has cognizance under the existing laws, hath hcen found to operate grievously and oppressively on the inhabitants of the said city.—For remedy whereof, jurisdiction Sec. l. BE it enacted by the Senate and House of Representatives of the'State of Gt or- court of RSav! gia, in General Assembly met, and it is enacted by the authority of same, That from and to 3?'do?ufd a^er *'ie brst day of January next, the said court shall not take cognizance of any cause in which the plaintiff's demand shall not exceed thirty dollars. Sec. 2. Andbeit further enacted,, That from and after the said first day of January quarterly, & next, the said court shall beheld quarterly, on the days and times hereinafter mentioned* •the times, sta- t}iat is to say:—On the third Tuesday in March, the third Tuesday in June, the third Tuesday in September, and the third Tuesday in December, in every year. Sec. 3. And be it further enacted, That* all acts heretofore passed, so far as tho- same militates with this act, be, and the same.are hereby repealed.* BENJAMIN WHITAKER,. Speaker of the House of Representatives■> EDWARD TELFAIR, President of the Senate». Assented to, November 29, 1806., JARED IRWIN, Goyeexoe. . AN ACT (No. 251.) To authorize the Judges of the superior courts of this State, to alternate in their districts... th J"s^eS Cf " enacted by the Senate and House of Representatives of the State of Georgia, court, author- in General Assembly met, and by the authority of the same, it is hereby enacted That izedto alter- nate. ! — * See act of 1807, No. 292, extending the jurisdiction of this court to 100 dollars, and making monthly seSsi-; ens of the same, and repealing this act. PASSED IN THE YEAR 1805, 323 it shall and may he lawful for the judges of the superior courts in this State, and they arc (No. 251.} hereby authorized to alternate in their districts from and immediately after the first day of January ncxtr any law to the-contrary notwithstanding. BENJAMIN WHITAKER, Speaker of the House of Representatives EDWARD TELFAIR, President of the -Senate. Assented to December 8, 1806.= JARED IRWIN, Governor, AN ACT- JFor the letter regulation and government of the town of Athens, and- to incorporate the same. (No. 252.) Sec. 1. F&jg enacted by the Senate and House of ~ Representatives in Gen- zral Assembly met, and by the authority of the same, That William Malonc, Stephen Thomas, and Hope Hull, be appointed commissioners of the town of Athens, and that oners nameX who may ap= point their " they or a majority of them shall, immediately after the passing of this act, con vene and proceed to the appointment of a secretary, and such other officers as they may, officers deem necessary.to carry this act into execution.- Sec: 2. Jlnd be it further enacted, Tliat the said commissioners shall hold their respective appointments hereby given them, until the first Monday in January, eighteen teJ°ani\uany° hundred and eight, at which time, and on every subsequent year thereafter, the eitizens a£de of the town of Athens, entitled to vote for members of the General Assembly of this said '.town*. State, shall choose by ballot, three persons to succeed them as commissioners of said : town, and they shall have, and they are hereby vested with full power and authority,--to - make such bye-laws and regulations, and inflict or impose such fines, penalties and for** feitures, and to do such = other incorporate acts, as in their judgment shall be conducive to the good order and government of the said town of Athens—Provided, That such bye-laws and regulations be not repugnant to the constitutional laws of this State. * 5 Sec. 3. Jlnd be it further enacted, That any two or more justices of the peace for said county of Clarke, are hereby authorized and required to preside at such elections S % ' 230 LAWS OF GEORGIA? (No. 252.) for commissioners aforesaid—Provided always, That nothing herein contained, shall be side at dentil £0 construed as to prevent the election of the commissioners herein before named; and °n3proviso any person or persons, who may hereafter be elected commissioners of said town, shall be eligible at the next, or any subsequent election, after the expiration of the time for which he, or they may have been elected as commissioners under this act. BENJAMIN WOTFAKER, Speaker of the House of Representative*. EDWARD TELFAIR, President of the Senate* Assented to, December 8, 1806. JARED IRWIN, G overtoil (No. 253.) AN ACT To extend the operation of thelaws of this State, over the persotis resident in Wajforil's settlement, and to organize the same.* Sec 1 * ' _0 E it enacted by the Senate and House of Representatives of the State.of Geor» gia, in General Assembly met, and by the authority of the same, it is hereby enacted, ^Wafford's That immediately from and after the passing of this act, that the land included in ded to Frank- Wafford's settlement, as defined and marked by the Cherokee nation of Indians, by their son.an<1 Jack" agents' James Yann and Katahee, in conjunction with James Blair, Esq. on the part of the United States, be added to and become a part of the counties of Franklin and Jack- son, and that the line dividing the said counties, be extended in the same direction until it shall inters'ect.the external boundary of Wafford's settlement. Sec. 2. And be it further enacted, That it shall be the duty of the inferior courts That settle- of said counties to organize the persons resident within the said lines, and each and eve- SeTandtSe111" ry person, .and persons residing within the said district, are hereby declared to be subject stTte extend! to tiie ^orce an(* operation of the laws of this State, and entitled to all the rights, ed thereto. privileges, and immunities of free citizens of this State. Sec. 3. And be it further enacted, That for quieting and securing the said persons No lands in in the enjoyment of their habitations and lands, it shall not be lawful for the land courts ment ^o^be said counties, to grant any land warrant to be located between the line run and marked {surveyed or ~~ —— - - : ■ granted. * See act of 1807, No. 299, suspending this law,, and see act of 1808, No. 361, repealing the suspending law, and consequently restoring this to its force. See also act of 1810, No. 490, amending this act, and anpes- irg this settlement to Jackson county. PASSED IN THE YEAH 1800. 331 I>y Col. Hawkins, and the said lines run and marked by the said Cherokee Indians, and (No. 253.) James Blair; and it shall not be lawful for any surveyor to run, locate or survey any lauds within the above described lines, upon any such warrant, or any other warrant whatsoever—.and all sueli surveys, and the grants which shall issue thereon, are hereby declared to be null and void; any law to the contrary notwithstanding. BENJAMIN WIIITAKER, Speaker of the House of Representative* EDWARD TELFAIR, President of the Senate. Assented to, December 8, 1806. JARED IRWIN, Governor. AN ACT To authorixc Pleasant Walton, to erect a Mill on Little Mirer. (No, 25i.) B 1E it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, That it shall be lawful for Pleasant Walton, of the county of Liucoln, to erect a Millat his mill-seat, on Little , ,T, frgciscuyt \vr1» River near his plantation—Provided nevertheless, That the same does not interfere w ilh ton to erect a the rights of any other person ; any law to the contrary notwithstanding. ^leir^3n-Littls BENJAMIN WIIITAKER, Speaker of the House of Representatives.* EDWARD TELFAJR, President of the Senate»• Assented to, December 8, 1806. JARED IRWIN, Governor ACT (No. 255.) For the better regulating the admission of Attornies to plead and practice in the several courts of law and equity, within this State. . TV To regulate . • . it enacted by the Senate and House of Representatives of the State of Geor- ofeaattSn£s,n gia, in General Assembly met, and by the authority of the same, it is hereby,enacted That ««* the man- LAWS OF GEORGIAN (No. 255,) from and after the passing of this act, all, and every person or persons whatsoever* who are citizens of this State, may, on application to the judge of the superior court, be admitted to practice as an attorney—Provided, such person shall produce satisfactory Proviso. evidence of his moral rectitude, and shall undergo an examination in open court, upon a, day assigned for that purpose, by the judge j any law, usage or custom, to the contrary notwithstanding. Sec. 2. tlnd he it further enacted, That the rules of court relative to the admission of Attornies, which requires the applicant to study any particular length of time in the office of any judge or practitioner of law, be, and the same is hereby declared to he abrogated and void. ■BENJAMIN WIIXTAlvER, Speaker of the House of Representatives* EDWARD TELFAIR; President of the Senate♦ Assented to, December 8, 1806. JARED IRWIN, Governor AN ACT ,{Ko. 256.) To regulate the navigation of the Savannah River, between the cities of Savannah and i&ugusta, so far as respects the patroons of hoatSc HERE AS it is found from experience to be highly improper and inexpedient for the boats employed in the carrying trade between the cities of Savannah and Augusta, to Preamble. jje commanded by, and under the care of slaves :~~for remedy whereof: Sec. 1. BE it enacted by the Senate and House of Representatives of the State of siave^r other &eorSia 271 General Assembly met, and it is hereby enacted by the authority of the same, person^of co- That from and after the first day of January next, it shall not he lawful for any negro wonof a boat slave or other person of colour, to have the command of, or to act as patroon of any boat gusta mldASa- carrJ*nS goods, wares, and merchandize, or produce, from either of the said cities to yannah. the other. Penalty for 2. *&nd be it further, enacted, That persons transgressing this act, shall be liable violating this to iR^lietciect in the superior, courts of this State, and on conviction'hereof, shall forfait PASSED IN THE YEAR ISOfi, -and pay the sum of two hundred dollars; one half thereof to the use of the informer, (Nd. 356.) . And the other half to the use of the county where suoh conviction shall take place. And the party so offending, shall moreover be liable for all losses which may happen to the > owners of property on board such boats, the usual dangers of the river, and other ex * v captions not excepted. BENJAMIN WHITAKER, Speaker of the House of Representatives, EDWARD TELFAIR, President of the Senate. Assented to, December 8, 1806. JARED IRWIN, Goyeeitqk. •AN ACT ■To alter and amend the second and fourth sections of an act, entitled, « An Act for the ^°" establishing and regulating patroles, and for preventing any person from purchasing provisions or any other commodities from, or selling such to any slave, unless such , slave shall produce a ticket from his or her owner, manager or employer. W: HERE AS the fines imposed by said act for the refusal and neglect of patrol preamble?; duty, is found from experience to be inadequate-to the purposes therein intended—for1 remedy whereof, Persons lia- Sec. 1. BE it enacted by the Senate and House of Representatives of the State of r Georgia, in General Assembly met, and by the authority of the same, That any person neglecting- or liable to do and perform patrol duty, as prescribed in the above recited act, who shall r.efusinS"do refuse or neglect to do and perform the same, shall forfeit and pay a sum not exceeding five dollars for each offence, to be adjudged by a majority of the militia officers of the company Commanders the same,tobe fined not ex- ceeding- 5 dot- lars. district where the offence shall be committed, and levied by distress and sale of the offenders ed!°V collect° goods, under, the hand and seal of the captain or commanding officer of such company, to be paid over to the inferior court, for the use of the poor of the county where such of patrols to offence shall be committed; unless sufficient excuse be .made to the officers of such ^X^uiters company oh their next ensuing muster day. And it shall be the duty of the commanders of of patrols, to make a just and true return of all defaulters in their respective districts to Penalties cf the captain or commanding officer of the company, on the muster day after-they shall 0f patrols for have been appointed. And if any person shall liave been regularly appointed to command ^Jfctins" °* LAWS OF GEORGIA, (No. 258.) the patrol, agreeable to the above recited act, who shall refuse to accept of such com- mand, or after acceptance thereof, shall refuse or neglect to do his duty, such person so offending, shall for every such offence forfeit and pay a sum not exceeding ten dollars How collco to be adjudged by a majority of the officers of the company, and levied by distress and tecl- sale of the offender's goods, under the hand and seal of the captain or commanding offi- cer of the company, and paid over to the inferior court, for the use of the poor of the county where such offence shall be committed; ci^e ali"S Sec. 2. And be itfurther enacted, That any thing in the above recited act which mil- itates against this act, be, and the same is hereby repealed. BENJAMIN WHITAJvER, Speaker of the House of Representatives^ EDWARD TELFAIR, President of the Senate, Assented to, December 8, 1806. JARED IRWIN, Governor (No. 258.) AN ACT.' Xo amend an act,.entitled,." An Act for ordering and governing slaves within this pro- vince, and for establishing a jurisdiction for the trial of offences committed by such slaves and other persons therein mentioned, and to prevent the inveigling and carrying atvay slaves, from their masters, oxvners or employers what offen- ^EC# BE it enacted by the Senate and House of Representatives of the State of cescommitted Georgia, in General Assembly met, and it is enacted by the authority of the same, Thar reckoned' fel- the several crimes and offences hereinafter particularly enumerated, are hereby declared °Said offences to felony 5 that is to say:—If any slave, free negro, indian, mulatto or mustizo, (in- enumerated, dians in amity, with the United States excepted) shall be guilty of homicide of any sort, upon any white person, except by misadventure, or if a slave, in defence of his or her owner, or other person under whose care and government such slave shall be, or shall raise or attempt to raise any insurrection, or commit or attempt to commit any . rape on any white person whomsoever, every such offender or offenders, his and their aiders and abettors, shall upon conviction thereof, suffer death $ or if any slave, free negro, indian, mulatto, or mustizo, (except as before excepted) shall wilfully and maliciously kill any slave, free negro, indian, mulatto, or mustizo, or shall break open, burn or destroy PASSED IN THE YEAR 1806. any dwelling house or other building whatsoever, or set fire to any rice, corn, or other (No. 25SA -grain, tar-kiln, barrel or barrels of pitch, tar, turpentine, rosin, or any other goods or •commodities whatsoever, or shall steal any goods or chattels whatsoever, or inveigle, delude or entice any slave or slaves to run away, whereby the owner or owners of justices di^ such slave or slaves, shall, might, or would have lost or been deprived of such cwti0n< slave or slaves, every such slave, free negro, indian, mulatto or mustizo, and his and their accomplices, aiders and abettors, shall upon conviction as aforesaid, suf- fer death, or such other punishment as the justices and jury shall in their dis- cretion think fit—Provided, That such slave, free negro, indian, mulatto, or mus- PrcVj:o tizo as aforesaid, shall have actually prepared provisions, arms, ammunition, horsed •or horses, or any flat, canoe or other vessel, or done any other overt act, whereby llieir intentions shall be manifested* Sec. 2. And be it further enacted by the authority aforesaid, That the trial of any ^ ^ such free negro, indian, mulatto or mustizo as aforesaid, shall be had, held and tried, conducted in the same manner, and be governed by the same rules and regulations, as to evidence and punishment, as in and by the act aforesaid is directed for the i trial and punishment of slaves. Sec. 3. And be it further enacted, That the twelfth clause and such other parts of the said act, and all other acts, so far as the same are contrary to this act, he, ciai2.P .and the same are hereby repealed. BENJAMIN WHITAKER, Speaker of the House of Representatives* EDWARD TELFAIR, President of the Senate. .Assented to, December 8, 1806. JARED IRWIN, Governor AN ACT (No. 259.) To condensate the Justices of the Inferior Courts.* WHEREAS arduous duties are imposed upon the justices of the inferior courts of the several counties in this State, for which no compensation is allowed-And See act of 1809, No. 451. repealing this act. re amble. LAWS OF GEORGIA) 3 (No. 259.) whereas it is declared in the 4»th section of the 3d article of the constitution, that the justices of the inferior courts may he compensated in such manner as the legislature may by law direct: Justices com pensated by a Sec. 1. BE it therefore enacted by the Se?iate and House of Representatives of the Slate of Georgia in General Assembly met, and it is hereby enactedby the authority of the sameThat there shall be a tax levied on all suits which may he commenced after tax on suits the date hereof in the superior and inferior courts of the several counties of this State, in the following manner, that is to say :—On all suits not exceeding one hundred dollars, the sum of one dollar: on all suits exceeding one hundred dollars,, and not exceeding three hundred dollars, the sum of one hundred and fifty centson-all suits exceeding three hundred, and not exceeding five hundred dollars, two- dollars : on all exceeding five hundred dollars, the sum of three dollars: and on all actions of ejectment, the sum of In what man- two dollars; which said several sums shall be paid by tbe parties cast in such suits, & shal£ . be taxed in the bill of cost, and collected in the same manned as other costs of such suits. tier. Officers of count to col- Sec. .2. And be itfurthcrenacted, That all monies which shall he collected or received by any of the officers of the said courts, on account of the aforesaid tax upon suits, shall 3ect thd may justices of the inferior court of the county in which such proceedings shall nies aforesaid have taken place, asa compensation for their services,• and all and every officer of the t?cSC saidjus said courts who shall neglect or refuse Co pay over such money, after an order shall be Liable to at- made for that purpose by sueli court> shall bedeemed guilty cf contempt, and maybe- tnchmen! far . Eegiect. proceeded against: by attachment. Sec. 3. And be it further enacted by the authority aforesaid, That the aforesaid 3nonie3" shall be equally divided, between the said justices of the inferior court.., BENJAMIN WHITAKER, Speaker of the House of Representatives,. EDWARD TELFAIR, President of the Senate« Assented, to, December . 8, ,1806. , JARED III WIN, Governor. . PASSED IN THE YEAH 1306. <537 AN ACT (No. 260.) To establish the fees of the public officers of this State, on all grants that may be issued in the counties of Baldwin and Wilkinson, under the act of the General Assembly of this State, passed at Louisville, the 26th cf June, 1806. B E it enacted by the Senate and Bouse of Repines cntatives of the Stale of Geor- pubik-Vfficers gia in General Assembly met, and it is enacted by the authority of the Same, That for j?™1*1"8, each grant issued in the counties of Baldwin and Wilkinson for the lands obtained by sion,when the treaty, entered into by Henry Dearborn, secretary at war, for the use of Georgia, and drawn? S the Creek nation of Indians, on the fourteenth of November, eighteen hundred and five, the secretary of State, shall be entitled to receive sixty cents—>the surveyor-gene- ral fifty cents—the secretaries to the executive department, eight cents each—the trea- The Gov_ surer, eight cents—and the comptroller-general eight cents; which shall be in full for *™or draw the services by them performed, in granting said land. And the governor is hereby the same, authorized",, quarter yearly to draw a warrant on the treasury in favor of the aforesaid officers, for the said several sums, as they become due. BENJAMIN WTIITAKER, Speaker of the Bouse of Representatives. EDWARD TELFAIR, President of the Senate. Assented to, Decembers, 1806. JAXIED IRWIN, Governor AN ACT To revise and amend <( An' Act to •distribute mid dispose of the 'late cession of land obtained from the Creek Nation of Indians, by Henry Dearborn? Secretary at War, being specially authorized therefor, by the President of the United States, in a treatij concluded at the City of Washington, on the fourteenth day of November, one thou- sand eight hundred and five"—so far as it respects the -persons that were entitled to draws in the present contemplated Land Lottery, agreeably to the requisitions of this act, and were prevented from giving in their names, from sickness and other casuah ties, or who have not paid taxes in conformity to the said act. W, (No. 361.) HERE AS it doth appear by the petition of sundry persons to this legislature, sta» ting that they were absent from this State, prevented by sickness or other unavoidable T % :s3 LAWS OF GEORGIA, (Ne. 231.) misfortunes from giving in their names far draws in the present contemplated Land Lot- tery—lor remedy whereof, Persons who Sec. 1. HE it enacted by the Senate and House of Representatives of the State of o-°othe^cause ^eorSia» *n General Assembly met, and it is hereby enacted by the authority of the same, did not give That it shall be the duty of the justices of the inferior courts of the several counties in the contem within this State, to meet at their respective court-houses, three separate times, within J^hov^°and ^ie *erm three months from the publication of this act, first giving twenty days pub- before whom jjc notice of such meetings, in two of the most public places in each battalion district to give m. . . r il within their counties—and shall proceed to take, and enter the names of all applicants entitled to draws, agreeably to the requisitions of the above recited act ,• and they shall Th d t entitled to receive from each applicant, twelve .and an .half cents for each draw such of the Justic- person or persons shall be entitled to. And it is hereby declared to be the duties of the rior court"*6' justices of the inferior courts of the several counties within this State, to transmit a list of such names, so taken by them, within three months from the publication of this law, to the .executive department, that such persons names may be entered on tlie gene- ral list, and enjoy an equal participation with other citizens in the present contemplated land lottery. a ment ""of ^EC* ^c ^ fur^er> €nacted, That all male persons over the age of twenty- taxes no bar one years, having all the requisitions, as specified in the .aforesaid act, other than having to a draw. taxes, shall be admitted to have a draw or draws in the contemplated land lottery, without having paid taxes; any thing in the said act to tke contrary notwithstanding.— And his Excellency the Governor i% hereby required to give the outlines of this act, in one or more of the public gazettes of this State, so soon as it shall receive his assent and signature. BENJAMIN WfflTAKER, Speaker of the House of Representatives* EDWARD TELFAIR, President of the Septate* Assented to, December 8, 1806. JARED IRWIN, Governor. PASSED IN THE YEAR 1S0S. (No. 262.) Prcamhl- AN ACT To relieve certain fortunate drawers in the late Land Lottery, IIEREAS by an act* supplementary to an act, entitled " An Act to make disli-L hution of the late cession of lands obtained from the Creek Nation, by the United States' commissioners, in a treaty entered into at or near Fort. Wilkinson, 011 the six- tccnth day of June, eighteen hundred and two," it is enacted that monies directed to be paid into the treasury in lieu of office fees in pursuance of the act, entitled *6 An Act to alter and amend an act to make distribution of the late cession of lands obtained from the Creek Nation, by the United States' commissioners, in a treaty entered into at, or near Fort Wilkinson, on the sixteenth day of June, eighteen hundred and two," passed at Louisville, the eleventh day of. May, eighteen hundred and three, Si shall be paid within the term of twelve months from and after the completion of the lottery content- plated by the aforesaid act, and in default thereof, such lots of land, on which the whole of the monies shall not then be paid, shall revert to and become the property of this- State, and sold in like manner as fractional parts of surveys." And whereas many persons who have been fortunate drawers in the aforesaid lottery, preamble, have failed and omitted to take out their grants, within the time prescribed by the said law :—for remedy whereof, Sec, 1. BE it enacted by the Senate and House of Representatives'of the"State of Geor-- T. u gia, in General Assembly met, and it is hereby enacted by the authority of same, That the king-out term allowed for receiving monies on grants in lieu of office fees, in pursuance of the |ed.tS aforcrecited act, shall be and the same is hereby continued and extended to the tenth day of November next, an^Jaw to the contrary notwithstanding^'—Provided nevertheless, Proviso. That nothing herein contained shall authorize the governor to issue any grant, to per- sons who may have given in their names, and drawn land, contrary to the provisions of the aforesaid act. And whereas the commissioners of the lottery, in transcribing the names of the fortunate draw ers, into the book deposited in the executive chamber, in some few instant ces have, by mistake entered the names of persons who were not fortunate drawers in lieu of those who were •, by reason, whereof those legally entitled, although they hold, the land, cannot obtain grants therefor, without provision is made by law for that purpose.—« In leases of Be it therefore enacted, That in each and every such case, his Excellency the Gover- mistake, nor, be, and he is hereby authorized and required, to cause such grant or grants to fSITto tiwse who are enti- ■ tied, to them * See act of 1807, No. 307, extending the time still further. according to the justice of the case. LAWS OF GEORGIA, (No. 263.) issue, in the name of the real fortunate drawer, his heirs, or devisees, according to the Grants°iW justice of the case j and all grants which have issued in consequence of such mistake, be rectified, s}la}p a nd are hereby declared to be null and void—Provided nevertheless, if the hoi- where mis- takes have ders of such grants shall return the same to the executive chamber, his Excellency the been made. » governor shall cause the true name to be inserted therein, and in the records of the different offices, free from all additional charge ; which grants shall be good and valid in law, any thing herein contained to the contrary notwithstanding. Sec. 2. Jlndbeit further enacted by the authority aforesaid, That it shall he the duty Clerks of c*ei'ks of the superior courts of the several counties within this State, to cause the superior a correct list of the persons whose nancies wrere entered, as being entitled to draws in court to lay a ° list of persons the late land lottery, to belaid before the grand juries of their respective counties, at tied to"drawsj ^ie next ierin of the superior court toHbe held therein, whose duty it shall be to exam™ before the jne and report to the court, the names of all persons who were not entitled, under said grand juries ; who are to re- act, to a draw, or draws in the said lottery, and the court shall direct the clerk to trans- eourt ^hose6 a correct list of .all such persons to his Excellency the Governor, whose duty it shall" not entitled to cau&e the same to be compared with the list of the fortunate drawers, and if it to draws—& r thence by the should he found that any person or persons, have drawn a tract or tracts of land, on such govern or, who fraudulent return, the grant which may have issued, is hereby declared null and the^same with au<* same hereby set apart for the redemption of the public debt—ProvidedP those who That his Excellency the Governor, shall immediately cause a list of the names of all land in ^aid persons who shall appear to have made such fraudulent returns, to be published thirty any "of ^aid days, >n one or more of the public gazettes of this State, requiring such person or per- names, are for sons to file in his office, such testimony as he, she, or they may think proper to sub- era, he shall stantiate his, her, or their claim; which shall, by his Excellency the Governor, belaid ^rant iiTtheir kefore ^ie next legislature, by them to be admitted, or otherwise acted on as they favor. shall deem proper. Proviso. BENJAMIN WHITAKER, Speaker of the Bouse of Meprescntaiives, EDWARD TELFAIR, President of the Senate Assented to, December 8, 1806. JARED IRWIN, Governor* PASSED IN THE YEAE 1305, AN ACT (No. 363.) To sett and dispose of the fractional parts of surveys of land, in the counties of Bald- win and Wilkinson, reserved to the State, by an act fif the General Assembly, passed at Louisville, the 16th day qf June, 1808. 5EC, 1. *£ enacted hy the Senate and House of Representatives of the State of ^ Georgia in General Assembly met, and by the authority of the same, it is hereby enacted, ons created. That all the fractional parts of surveys of lands reserved to the State by the late land ^ Yate^sec^ law, making distribution cf the lands lately acquired from the Creek nation of Indians, ^0^s» to be by a treaty concluded at the City of Washington, the 14th day of November, 1805, by Henry Dearborn, secretary at war* being specially authorized therefor, by the Pre si- dent of the United States; and lying and being on the rivers Ocmulgee and Oconee, and also on the present and former temporary boundary lines,shall be sold in separate lots, to The l0 the highest bidder, in the town of Milledgeville, in the following manner, to wit :-~The ner of selling commissioners hereafter to be appointed, shall by advertisement to be published immcdi- ately after the completion of the contemplated lottery, by first giving sixty days notice in the gazettes qf Petersburg, Washington, (Wilkes county,) Sparta, Augusta, Louis- villeand Savannah : in which advertisement shall be particularly specified, the day or days on which the fractions in each county, and in each district, will be sold, and the terms of sale, proceed to sell the same between the hours of ten o'clock in the forenoon, and three o'clock in the afternoon, commencing by the sale of the first or lowest frac- _cornmiasi- lion in the fork of the Ocmulgee and Oconee rivers, in Wilkinson county, and continu- p"^^bea^jj ing up the Oconee river, in a regular progression, to the mouth of Toulou Hatehie, the their duty* former boundary line; thence up that line, to where the lines that divides the counties of Wilkinson and Baldwin crosses the same, thence beginning again at the fork of the said -rivers and proceed to sell the first or lowest fraction, not heretofore sold, on the Ocmul- gee river; thence up the Ocmulgee river in the like progression as on the Oconee river, to where the dividing line of Wilkinson & Baldwin counties strikes the said river, then in the •same progression up the said river, in Baldwin county, to the mouth of the IJlcofouhat- chie, where the present temporary boundary line leaves the said river, thenee on the said line to where it will intersect the former boundary line, at the High Shoals of the Appalaehee ; thence on that line, through Baldwin county, to the line that divides the said county from Wilkinson, which includes all the fractions that may be created in pursuance of the late land law. **, r Sec. 2. And be it further enacted by the authority aforesaid, That three commissi- Commissi- -oners shall be ^appointed by joint ballot of the legislature, and they, or a majority of bond andSsS •them, shall be sufficient to carry this act into effect; who shall before they enter on the take^^oatlT duties required ©f them by this aet, give bond with two or more sufficient securities, to LAWS OF GEORGIA, £No» 263.) his Excellency the Governor, for the time being and his successors in office, in the sunn of thirty thousand dollars each, for the due and faithful performance of the trust repo- sedin them, which bond shall be taken by liis Excellency the Governor, or by any two of the justices of the inferior court of the county where such commissioners may reside, and immediately transmitted to the executive department; and shall moreover take and subscribe the following oath, viz:—I, A. B. do slemnly swear, or affirm (as the case may be) that I will faithfully discharge the duties imposed on me by this act; and that I will make due returns of all bonds and other securities, to the treasurer of this State, which come into my hands,, as commissioner aforesaid—-So help me God. The oath. Purchasers Commissi- oners to have Sec. 3. And be it further enacted by the authority (foresaid, That the commission- ers shall take bond of the purchasers, payable in four equal annual instalments, together to give bond with good and sufficient security 5 which bond and security may be given by the person for fractions or persons purchasing,, liis or their attornies or agents, duly authorized to execute the. ments1 instal" same, and shall be taken in the name of and made payable to his Excellency the Governor,. for the time being, and his successors in office, and.by the commissioners shall be depo- sited in the office of the treasurer, within sixty days after the time the sales arc com.. 3 dollars per pleated; and each commissioner shall receive as a compensation,, three dollars per day, while in actual service. Sec. 4. And be it further enacted,.That the commissioners aforesaid shall take bond er of taking and security ofail. and every purchaser, payable in the following manner, that is to say the order' of one f°upth- Par* thereof in twelve months after the said purchase—one fourth part at the instalments, end of twelve months thereafter—-one fourth part at the end of twelve months thereafter— The time an^ the remaining fourth part, thereof, at the end of twelve months thereafter—which • allowed com- said payment shall be made in gold or silver—and said commissioners shall not be mora rmssioners to sell saidfrac- than seventy-six days on such sales (Sundays excepted.) tions. The gov- Sec. 5.. And be it further enacted, by the authority aforesaid,. That it shall be. the ernor to make out grants lea duty of his Excellency the Governor, to cause grants to be made out for all the fractional, tobe fined up Par*s surveys in the counties of Baldwin and Wilkinson.as aforesaid, leaving a. Mank. with the for the name of the person to whom the same may issue—which grants shall be put into. clTsers^y die the hands of the commissioners appointed to dispose of the fractions as aforesaid, and by commission- ^hem filled up and delivered to the purchasers, on the purchasers paying the sum of. four dollars and twenty-five cents on each grant which shall be received by the commissi- Fee thereon oners, and by them paid into the treasury.. And it ^hall be the duty of the surveyor. Surveyor- general, and secretary- of State, to insert the name of each purchaser in the record of Srdthem? re such plat and grant remaining in the said offices,. And it shall be the duty of the commis- PASSED IN THE YEAR 180S. Si; sioners to lay a correct statement'of their proceedings under this act, before the next legislature—Provided nevertheless, That the said grants shall express in the face of them that the land therein granted shall be subject to the payment of the purchase money due the State therefor, in preference to all other lieus whatsoever, whether by judgment* existing before, or entered after the date of such grant, but the said land shall not be sold to satisfy the first, second and third instalments, unless the legislature shall express- Ij direct the sale thereof.* 'Sec. 6. Jlndbe it further enacted by the authority aforesaid, That if the purchaser of any of the fractions, as aforesaid, in the counties of Baldwin and Wilkinson, shall neglect, or fail within one month after the same may become due, to pay the first* or any of the succeeding instalments, it shall be the duty of the treasurer to issue an execution for .the amount of the debt, and interest that may be then due, directed to the sheriff where such purchaser, or his securities may reside, which shall be levied on their goods and chattels, lands and tenements, and all the property of which the purchaser is possessed, at the time of giving such bond, shall be bound—and when any such purcha- ser shall be in default, for any one of the instalments, execution shall issue against such purchaser and his securities, and all the property of which such securities shall be pos- sessed at the time such execution shall issue, shall be bound for the whole of the pur~ chase money, which may then or thereafter become due.—And the money so collected: Money when * y collected shal by the sheriff, except the costs, shall be paid into the treasury within three months he paid into after the execution shall have issued but if the money should not be collected as afore- thximeSUof 3 said, then the execution shall be, by the sheriff, returned to the treasurer, within the months al}°Y" - 7 J 7 edtodo lt-in time above expressed; but should the sheriff refuse, or neglect to return the money, or by the sheriff, the execution, as aforesaid, it shall then be the duty ef the treasurer to issue his execu- iion against the sheriff, and his securities, for the amount of the said execution, or executions, put into his hands, directed to the coroner of the county, where such she- Penality for riff or his securities may reside; whose duty it shall be to levy, collect, and return J^ect of the same, within three months thereafter. BENJAMIN WHITAKER, Speaker of the House of Representatives, EDWARD TELFAIR, President of the Senate. Assented to, December 8* 1806. JARED IRWIN, Governor. * See act of 1810, No. 548, to amend this section. See also act of 1810, No. 552, directing- the sale of frac- tions in the 7th district of Baldwin, and other lands. And see also resolution of 1810, directing the dispose tion of extra fractions in the 8th district of Wilkinson. (No. 263.) Proviso. The said grants to ex- press in the face of them, that the land granted shall be subject to pay their pur- chase monies in preference to all other in • cumbrances. In case of neglect to pay for said fractl ons- The treasu- rer to issue an execution against the de linquent an j his securities. Purchasers property shall be bound from the time of giving the bond. As also the securities LAWS OF GEOKQIA, (No. 264.) AN ACT To revise and continue in force, « Jin JLct for the limitation of actions, and avoiding mitsin law,1" pas^d ihe%stli day of March, one thousand seven hundred and sixty* seven; and to amend thejiftli and ninth sections of said act. liimt ition^pas EC" -S3/E it enacted by the Senate and House of 'Representatives of the State of vived^ancl del ^e<>rgia, in General Assembly met, That from and immediately after the passing of this cla#ed to be act, the act for the limitation of actions and avoiding suits in law, passed on the twenty- Febrr.aryinthe sixth day of March, one thousand seven hundred and sixty-seven, shall be, and is here- year 1793. by revived and declared to be in full force and operation, from the first day of Februa- Ty, one thousand seven hundred and ninety-three, until this act shall be repealed. And no deduction in any calculation of time shall he made in the construction of said act after the aforesaid first day of February, 1793. v Right of ac- ^EC* *^nd be it further enacted, That if any person or persons, that is, or shall tion by per- he entitled to any such action of trespass, detinue, achon of trover, replevin, actions ^der certain account, actions of debt, action of trespass for assault, menaee, battery, wounding or afterblllsuch" imprisonment, actions on the- case for words, be, or shall be at the time of any such disabilities cause of action, given, or accrued, fallen or come within the age of twenty-one years, eirc removed. feme covert, non compos mentis, imprisoned, or where the defendant shall remove out of the jurisdictional limits of this State, that then such person or persons shall be at 11- berty to bring the same actions, so as they take the same within such times as before is secSoiS limited, after their coming to, or being of full age, discovert, of sane memory at large mended*0* or return of the defendant into the same as by other persons having no such impedi- mcnt should be done—Provided nevertheless, That all notes and instruments of writing, not under seal,bearing date after the passing of this act, shall he of the same dignity with specialties, and subject to the same limitations, heretofore in forcein the case of special^ ties, any. thing in the 5th and 9th sections of the said act to the contrary 'notwithstanding.* Repealing ^Ec- be it further enacted, That all acts or parts of acts, which militates clause against the intent and meaning of this aet, be and.the same are hereby repealed. Sec. 4. Provided nevertheless, and be it further enacted, That the limitation laws of This and o- this State, shall not take eficct in the county of "Walton, nor impede the citizens in the ther laws of limitatioif hot ■— ——" - — — to tafce effect in Walton * See iujt of -1809 No, 437, aniending-and-explaamng this-section-and limiting the time of action-, on bonds county* or jnstaunentjs and under sesil, notes and open accounts. PASSED IN THE YEAH 1806. >45 recovery of their just rights, until the term before expressed is elapsed, after the line of (No. %G\S) demarkation is run and plainly marked between this State and North-Carolina, any law to the contrary notwithstanding. BENJAMIN WHITAKER, Speaker of the House of Representatives. EDWARD TELFAIR, President of the Senate* Assented to, December S, 1800. JARED IRWIN, Governor* Ax ACT (No. 263;) To establish the salaries of the public officers of this Slate, for the political years one thousand eight hundred and eight, and one thousand eight hundred and nine, and from thence until the same shall be repealed, and for defining the fees of malicious pro-- secut iouSc Sec. 1. enacie(i fyj fjie Senate and'House of Representatives of the State of Georgia, in General Assembly met,, and by the authority, of the same, it is hereby enacted, That the public officers of this State, shall receive as a salary or compensation for their public offi- services, during the political years one thousand eight hundred and eight, and one thou- cers* sand eight hundred and nine,, the following sums,That is to say The governor, two* thousand dollars per annum; the secretaries of the executive department, not exceeding two, five hundred dollars each per annum; the treasurer, twelve hundred dollars per annum; the comptroller-general, six hundred dollars per annum $ the secretary of State, two hundred dollars per annum : the surveyor-general, two hundred dollars per annum; the secretary of the Senate, three hundred dollars per annum; the clerk of the House of Representatives, three hundred dollars per annum; the judges of the superior courts* fourteen hundred dollars each per annum; and the attorney and solicitors-general, one hundred and fifty dollars each per annum; which said several sums shall be paid to the said officers quarter yearly.,. out of any monies which may be in the treasury not other- wise specially appropriated.. pj,i Sec. 2. And be if further enacted, That in all cases of presentment or indictment, t0 pa lie party presented or indicted, shall not be subjected to the payment of the fees or JY^re Prosecutor io pay cost, whereprosecu tion is SH6 LAWS OF GEORGIA, (No. 265.) costs of prosecution, where the party presented or indicted, shall he acquitted, unless the jury by their verdict shall subject such party thereto, which it shall he their duty in all cases to do, unless it shall clearly appear to the satisfaction of such jury that the pro- secution is malicious, in which ease the prosecutor shall pay all legal costs, of such prosecution. Sec. 3. And be it further enacted, That this act shall continue and he in force until the expiration of the political year one thousand eight hundred and nine, and from, thence until the same shall be repealed- BENJAMIN WJIITAKER, Speaker of the Ilouse of Uepresentnt ir.es, EDWARD TELFAIR,. President of the Senate- Assented: to, December 8, 1806. JARED IRWIN, Govekwok* AN ACT (No. 266,) To regulate the weighing of Cotton, and other commodities in this State. IIEIIEAS it has lately become customary with the merchants and others, in the prin- eipal couinicrei.il towns and cities, within this State, to make certain deductions from the - weight of all bales, bags or packages of cotton, and other commodities purchased from I'reambK g00(| citizens of this State, and also to make charges for the weighing thereof? which custom operates injuriously to the people of this State—for remedy whereof, Seu. i. BE it enacted by the Senate and House of Representatives of the State of tions° toeCbe~ Geor£ia in Gwral Assembly met, and by the authority of the same, That from and af- made in tcr the first day of January next, it shall not be lawful for any person or persons who SlfoLot- hall weigh or purchase any bale, bag or package of cotton, or tierce or half tierce of' rice t(.m'Cboy- 1*ce> boxes or barrels of indigo, to make the deduction of two pounds per hale, bag or es of indi- package of cotton, or tierce or half tierces of rice, boxes or barrels of indigo, or any k°3STor shall °^lcr deduction whatever; nor shall it be lawful for any person to ask, demand, or re- any one have ceive more than six and a quarter cents for weighing any sueli bale, bag or package of and a quarter cotton, tkrfcc or half tierce of rice, box or barrel of indigo. cent', for weighing the s*me. PASSED IN THE YEAR 1806. Sec. 2. Jlnd he it further enacted, That it shall not he lawful for any person or persons, (No. 266.) in the cities of Savannah and Augusta, to weigh any bale, bag or package of cotton, tierce, totake^a'0^ or half tierce of rice, box or barrel of indigo, without first taking and subscribing the oatil before tney £ti*c following oath, before some one of the justices of the inferior court, or justice of the lowed to peace of the said counties—I, A. 33. do solemnly swear, or affirm (as the case may be) tonf ^ke7 °or that I will justly, and without partiality, weigh all bales, bags or packages of cotton, tierces or half tierces of rice, boxes or barrels of indigo, that may be brought to me for gusta. that purpose, and mark the true weight thereon, without any deduction whatever, and ren- . der a true & accurate account thereof to the parties concerned, if required; so help me God. Sec. S.-Jlnd he it further enacted, That each and every person who shall offend against breach^PtS the provisions of this act, shall forfeit and pay for every such offence, the sum of twen- law- ty dollars, for each bale, bag or package of cotton, tierce or half tierce of rice, box or barrel of indigo; to be recovered in any court having jurisdiction thereof; one moiety thereof to the party injured or the informer, and, the other to the coimty. BENJAMIN WIIITAKER, Speaker of the House of Representatives* EDWARD .TELFAIR, President of the Senate* Assented to, December 8, 1806. JARED IRWIN, Governor. AN ACT (No. 267.) To appropriate monies for the political year eighteen hundred and seven* and to levy and collect a tax on all banks9 or offices of discount and deposit ■within this State, and to amend the tax act. -Sec. 1. JIeR enacted by the Senate and House of Representatives of the State of Geor- gia, in General Assembly met, and by the authority of the same, it is hereby enacted That ons. 1 for the support of government for the political year one thousand eight hundred and • 'Pli6 3even, the following sums of money be, and the same are hereby appropriated, that is to 0f the govern- say:—The salary of the governor, shall be two thousand five hundred dollars; the officer? secretaries of the executive department, not exceeding two, five hundred dollars each; the secretary of State, two hundred dollars; the treasurer, twelve hundred dollars; the surveyor-general, two hundred dollars; the comptroller-general, four hundred dollars ; 3iS LAWS OF GEORGIA, (No. 26T.) (he clerk ©f the House of Representatives, three hundred dollars; the secretary of the the CJLegLia- Senate, three hundred dollars; the judges of the superior courts, fourteen hundred dol- tUjudges lars each; the attorney-general and two solicitors general, one hundred and fifty dollars Attorney & each; whioh said several sums shall be, and they arc hereby appropriated for their uses, sokcitOTsgen- £0 f)C paid quai»tcr yearly, by warrant from the governor, on the treasury, out of any monies not otherwise specially appropriated^ Contingent Sec. 2. And be it further enacted, That the sum of fifteen thousand dollars, he, and fund. this same is hereby appropriated as a contingent fund, subject to the orders of the governor. Compensa- Sec. 3. And he it further enacted, That for the compensation to the members of members ^of the'House of Representatives and Senate, the sum of three dollars each per day, during JJJe aiKi^its ^ie*r attendance, and the siim of three dollars for every twenty miles in coming to, and officers. returning from the seat of government; and the sum of four dollars each to the presi- dent of the Senate and the speaker of the "House of Representatives, during their attend- ance, and the sum of three dollars each for every twenty miles in coming to, and return- ing from the seat of government;' to the clerk of the House of Representatives and seere- tary of the Senate, during the sitting of the legislature, four dollars each per day, and the sum of dollars each for contingent expenses, &c. &c. to two engrossing clerks of the Senate, and two of the House of Representatives, four dollars each per day, during their attendance; to the messenger and door keeper of the Senate, and messenger and doorkeeper of the House of Representatives, three dollars each per day; to Edmund Booker Jenkins, clerk of the committee of finance, forty dollars; to William Marbury, clerk of the committee on the state of the republic, forty dollars; to the Adjutant- adjutant-general, three dollars per day while in actual service; to the commissioners for general and flie saje 0p ^ie fractional parts of surveys of land in the counties of Wilkinson, sundry other . persons. Baldwin and Wayne, their secretary and cryer, three dollars per day each, while in actual service; to Edmund Lane, clerk to the committee of enquiry, forty dollars; to Graystock Roberts, for his attendance on the said committee, the sum of twenty dol- lars;. to Mixficld Kennedy, the sum of fourteen dollars six and a quarter cents, agreea- bly to a concurred resolution; to Jett Thomas, Esq. the sum of ten thousand dollars^ agreeably to a contract entered into by the commissioners of Milledgeville, for the build- ing of the State-House, and the further sum of five thousand dollars, subject to the draft of the commissioners of Milledgeville, for carrying on said building, if they shall deem it necessary; to Jacob Robbinson, one hundred and five dollars, in full for his services as a brigade major, agreeably to a resolution of this bouse; to Joseph Lemaster, the sum of seventy dollars, and to Win. Barnett, the sum of forty-five dollars, agreeably to a concur- red resolution in full for their services; to Dennis Ryan, fifty dollars, for printing seven hundred bonds and seven hundred mortgages, agreeably to a contract made with the com- .jaissioners for the sale of the fractional surveys; to the engrossing clerks, door keepers PASSED IN THE YEAR 1806. 349 and messengers of each branch, three dollars for every twenty miles going home, which (No. 267.) said several sums shall be paid out of any monies which now are, or may hereafter come into the treasury. Sec. 4. «ditd be it further enacted by the •authority aforesaid, That it shall be the Three dig- duty of the receivers of tax returns, to make out three digests, and to deposit one with ouVbytb™ e- the comptroller-general as heretofore, and the other two with the clerk of the inferior ceiver, one t® r 0 be sent to the court, and it shall be the duty of the clerk, on application of the tax collector, (he first Comptroller- receipting for the same) to deliver one of said digests to enable him to collect the other^-.vo^S taxes therein contained. cl?r]5 .ot the inferior Sec. 5. Jlnd be it further enacted by the authority aforesaid, That all the property of the tax collector, and his securities, for which they, or either of them were possessed, at the time of entering into bond, shall be bound from the siguing the same, for the be bound amount which may be due the State. court. Property of the collectors and their so- curities to from signing1 their bonds. All bank Sec. 6. Jlnd be it further enacted by the authority aforesaid, That there shall be annually levied, collected and paid into the treasury of this State, agreeably to the man- ner pointed out in and by an act of the General Assembly, entitled, « An Act to amend stock taxed and continue inforce an act to raise a tax for the year one thousand eight hundred and six, per hundred until the meeting of the next General Assembly, and from tlience until the same shall ,^1^it^i°rtb be repealed, passed on the fourth of December, eighteen hundred and five, a tax of thirty-one and a quarter cents on every hundred dollars, on the amount oLthe capital of any'bank, or office of discount and deposit, to be returned in manner pointed out, in and by said act, which shall be collected annually, until the same shall be repealed bylaw. Sec. 7. Jlnd be it further enacted, That there shall be annually levied and collected stallio® or upon all stallions or covering horses, let to mares for hire, a tax equal to the season or ses taxed the price of one mare let to such stallion or covering horse. season ef one Sec. 8. Jlnd be itfurther enacted, That in all cases where any stallion or covering horse shall be sent into this State to he let to mares by citizens or persons resident without the limits of this State, it shall and may be lawful for, and it it hereby declared to be may levy said the duty of the tax collector of the county where such stallion or covering horse shall Anytime be let to mares, to levy and collect the said tax, at any time after the commencement of after the sea- ^ „ . ,, son commen- the season, and before the close of the same.* ccs. BENJAMIN WHITAKER, Speaker of the House of Representatives, EDWARD TELFAIR, President of the Senate. Assented to December 8, 1805. JARED IRWIN, Governok. * See act of 1807, No. 296 re-enacting these amendments with other amendments, and continuing the act of 1804, as the tax act for 180S. $so LAWS OF GEORGIA* (No. 268.) AN ACT To amend the several acts, regulating roads in this State, so far as respects the operation of said acts in the counties of Bryan, Liberty, M'Intosh, Glynn, Camden cmi Wayne.* onerst^contil EC" JOE it enacted by the Senate and House of Representatives of the State on ^CQrSm General Assembly met, and by the authority of the same, Thai raid counties the commissioners or surveyors of the several districts or divisions heretofore appointed by virtue of an act passed at Louisville, the tenth day of December, eighteen hundred and three, arc hereby empowered and required to continue to work upon, clear, amend, repair, erect and improve the several roads, jbridges, fords, causeways and water pas- sages in the counties of Bryan, Liberty, M'Intosh, Glynn, Wayne and Camden, as are already laid out, opened, & erected- cleared, and to lay out, open erect and clear any other that may hereafter be found necessary. Who liable Sec. 2. And be it further enacted, That all male white inhabitants (except permanent said^road °n residents of the town of Sunbury) free negroes and mulattoes, and all male slaves from . the age of eighteen to forty-five years, shall be, and they are hereby declared to be obliged to appear and work upon the several roads, creeks, causeways, water passages and bridges, within the several districts or divisions to which such male white inhabitants free negroes and mulattoes respectively belong, and all male slaves shall be allotted (ac- cording to their place of residence) pursuant to the mode herein after pointed out, or such white male inhabitants, free negroes and mulattoes, and owners, managers and employers of such negroes and other male slaves, shall be liable to the fines, and penal- Teachers of **es *u l^s act defined and expressed.—Provided nevertheless, That nothing herein contai- schools and ned shall extend or be construed to extend to subject practitioners of physic or teachers of cepted anS CX* schools to personal working or attendance on the roads, causeways, bridges and water pas- sage?, within the several districts or divisions wherein such persons shall or may reside. Summonera ^EC* ^e ^further enacted, That the comissioners or surveyors so appointed* oppointed 0I> a iriajor^ them, shall, and they have full power and authority to appoint one or they to take more person or persons, w ithin their several districts and divisions, to summons all such . an oath. persons as are obliged to w ork within the said districts or divisions, at such time of the year, and for as many days as they may think convenient and necessary (not exceeding six days at one time, or twelve, days in one year) to repair, erect, open, clear and w ork upon the several roads, bridges, causeways, water passages and water courses within the same; and said summoner or summoners, before entering on the duties of his or their appointment, shall take the following oath, to be administered by one of the com- * See act of 1808, No. 378 amending this act so far as respects the county of Wayne—And sec act of No. 483, also amending this act so far as respects the county of Camden. PASSED IN THE YEAR 1806. 351 missioners or surveyors of said district, viz: I, A. B. do solemnly swear (or affirm.) that (No. 263.) I will faithfully discharge the duties of summoner of the district to which I am appointed* 1 he 0,Ath' and that I will receive no return from any owner, manager or ether person unless such owner, manager or other person take the oath prescribed by law—So help me God. And the several ow ners or managers of male slaves, within their several districts, shall, sla^^sn"oJ w hen summoned, deliver to the person summoning, a list in writing or print, on oath of livcr to tlu: ° summoners a all such male slaves as by this act are liable to work, which shall be as follows, viz: I* list of hands A. B. do solemnly swear^or affirm) that the list which I now give in, is a just and true re- on°saki roads turn of all the male slaves subject to road duty, under my controul either as ow ner, exe- "T\j^.h'catIl eutor, administrator, agent or manager to the best of my knowledge and belief-—So help me God.—-Which oath the said summoner is hereby authorized and empowered to admin- ister. And for the refusal of such owner or other person, in liis or her behalf, to give in ^ rt a list of all such slaves on oath, as by this act are liable to work, shall forfeit the sum of 300 dollars three hundred dollars, to be recovered in any court having cognizance thereof, to be co^y ^ levied of the goods and chattels of such owner, and which shall come to trial at the first with this sec- i ' lion. term after commencing the. suit; Sec. k And be it further enacted, That the person or persons summoning as afure- said, shall be exempt from his or their personal labor in such districts or divisions ; and mo^rcs in case any person or persons appointed to summons as aforesaid, shall neglect or refuse c"rsLof °Ta so to do, such person or persons shall severally forfeit thirty dollars for every such bor. offence, to be levied by warrant of distress, and sale of the offenders goods and chattels, pcna];ty for under the hands and seals of a majority of the commissioners or surveyors of said district. Sec. 5. And be it further enacted. Hi at the commissioners or surveyors, shall give at least ten days notice to all persons subject to work within their respective districts or divisions, of the time and place of attendance, with such tools as they may deem neccs- tin^YtTwork sary $ and if any person subject to work as aforesaid, shall fail to attend agreeably to such notice, together with all slaves liable to work on the roads by this act, owned by ,tain fines, them, or under their care and management, they shall be subject to the follow ing hues, The fin ant* *n case an^ white person, free negro or. mulatto, shall neglect to w ork, or perform the duty required of him or them, the commissioners, or a majority of them* upon report thereof by the overseer or. overseers, shall fine every person so PASSED IN THE YEAH 1806, offending, in a sum not exceeding two dollars for each day he shall so refuse or neglect; (No, 2SS.) and if any person or persons, chosen overseer as aforesaid, shall refuse to do and perform ove^eersJ for the duty thereof, such person or persons, shall, at the discretion of "the said commission- neglect ot ck ers, or a majority of them, he fined ten dollars foil? every such offence. Se@„ 9, And be it further enacted, That if any person or persons as aforesaid, shall p»rSoao hinder or forbid any traveller from going through, or passing over any roads, bridges, dering or ob- rivers or creeks, in any division or district, or obstruct Gr oppose the commissioners or senders,BovS- surveyors of such division or district, the overseers, white persons, free negroes and mu:- lattoes or slaves, working in and upon, or clearing the same, in so doing, or making any passing or use of trees or timber, wood or earth, in or near the same, for mending and repairing ^'aid^raa d«°a the said roads or bridges, or any causeways whatsoever, within the same, such person or persons shall forfeit a sum not exceeding thirty dollars ; and the commissioners are re- quired to allow a reasonable compensation of which tliey, or a majority of them shall judge, for the trees or timber to the owners thereof, for the purpose of keeping in repair the several roads, bridges and causeways, to be paid out of anyfine3 collected by virtue of this act. Sec. 10. And be it further enacted, That the several commissioners nominated and ap- ^ Commissi- pointed, shall meet yearly, and at such time and place within the county, as the commis- yearly to regu sioners of the several divisions may appoint, giving at least twenty days notice in their ^ine^Slnat- respective districts, of the time when, and place where such meeting will be held; and ters^relating a majority of the commissioners so convened, shall form the board, and then and there determine all matters relating to the several roads, bridges, rivers, creeks, causeways and water passages already laid out, erected, cleared or made, or which may be erected, cleared or made, and assign any particular part of the duty to be performed by any par- ticular person or persons, commissioner or commissioners, and to appoint the time of working within their respective divisions or districts, and also to appoint other commissi- <&ners in the room of any dying, departing the State, declining, refusing or neglecting to act, as shall be agreed upon and determined by a majority of the commissioners then present; in the event of their not being a majority of commissioners to form a board, those present shall give ten days notice of the time add place ©f another meeting. Sec. 41. And beitfurlher cnCLcted, That any commissioner or surveyor appointed, or to be appointed, who after accepting of such appointment, shall not daily and every day, attend upon the roads within their respective districts or divisions, diirifog the time of working on the same, or whenever thereunto required by a majority of the commission* ®rs of such division or district, or who shall refuse or neglect to do or perform the duties required of them by this act, such commissioner or commissioners, shall at the discreti- on ©f the board of commissioners, forfeit and pay a sum not exceeding thirty dollars. W 2 COaVISIUSSIC oners neglcc- ting to per. form their du= ties, liable to a fine of CO dollars SS4 * •UWS OF GEGBGIA, (No. 268.") Sec. 12. Jind be ilfurther enacted, TJiatif ^ny person or personsshall by themselves struetin^S-the - their slaves or servants, (for whom their respective masters,,.owners,, managers or em- roads compel- pfeyers shall he. answerable) alter, *Pr in ?my "wise damage, ,hy stopping o£ water, or by" the^ame"^ any means whatever, obstruct any of the roads,.bridges, riyers or creeks in any division a'fine'ofS 30 -or'district already laid out, or that may hereafter be laid out, every such person or per- and t'on °to scns>"so 0 Ending, shall be summoned by.the commissioners or, surveyors of. the districts ba removed at, or divisions wherein any such offence, shall be committed,.or a majority of them, forthwith his expense. amend, clear .and repair the same; and in case of refusal or neglect of such person or k persons so to do, s such.person or persons so .offending* shall be fined in a sum not exceeding thirty-dolIars;..and the said, commissioners.or surveyors,:or a.majorityoff.them, are hereby , empowered.mid required to hire and employ, such a number of. hands as may be necessary to attend,»repair and. clear the. same; and the expense of such amendment, repairing and clearing, shall.be defrayed and.paidby the .person or persons so offending,, neglecting, or refusing as a foresaid, which .fine and expense shall, on refusal of payment, he levied on . the goods and chattls of such offender, as in. this act is .directed. Manner of Sec. 13* And be it further enacted, That if at any time after the passing of this act, A new" road. * any number of persons shall wish or desire a new public road to be laid out, opened clear- ed, and kept in repair, such, person shall communicate their wish .ordesiFeby petition to the board of commissioners or .surveyors, at their annual meeting, therein giving a full and accurate description of the road they wish laid out, with the place from whence, and whither they/wish it to lead, ..and through what district orfiistricts such road is intended to run \ '—~And Provided,, the prayer off such petitioners shall be deemed just and reason- proviso. able by the commissioners or surveyors, or a. majority of them then present,-they are hereby required and empowered to order, such new road to be laid out,.-and to. determine , and prescribe the district or districts of such .joad or roads, and forthwith to appoint . three commissioners to each district,or division,, w ho shall accordingly proceed to lay out ,and cause ta he-opened, cleared and kept in repair such road or. roads—Provided, That if the said new road shall not, be of sufficient length, or, difficulty to form, or require a separate district, the said commissioners or surveyors, or a majority of them, may at their discretion,..allot tjie same to such other district or districts as may appear to. them , most equal and fair. cleared^ ^nd 4-vSEth. 14. And be it further enactedt Thatall public roads laid out, or to be laid out, IoUfcetwid? op now in use, or wbichshall.be hereafter laid out, shall be cleared off all trees, grubs Commissi- and bushes, ,at least twenty feet wide, and such limbs of. trees as may incommode horse-. ■ rtSr.' meBt or carriages, shall be cut away s-r- ■ ting- bridges n* oT?'7-1$ "And whereas it niay not be practicable for the several persons subject to, work by this *r\m^ UtVrto erect bridges over the several creeks and rivers which may be in their several dis- t. > < by u'icts or divisions, by working thereon in the mode pointed out by this act. fc^t.'L.40i1 A A* PASSED IN TIIE YEAH 1806. Sec. 15. Be it further enacted, That the commissioners or surveyors of such dis- (No. 2G8.) tricts or divisions, by the consent of the justices of the inferior court, are hereby empow- ^ ered to contract and agree with any person-or persons willing to undertake the same, concerned ^ and the expenses thereof to be defrayed out of the county funds; and whenever it shall done 5 be necessary to erect or repair any bridge-between two counties, the commissioners-o£ the districts adjoining such bridge in both counties*- by the-consent of the justices of the inferior court of each county, arc hereby empowered to contract and agree with any person or persons willing to undertake the same, and the expenses thereof to be at the* joint expense of each county, to be defrayed mit of the county funds,- Sec. 16. dnd be it further enacted, That if-at any time after the passing of this act, any person or persons, should wish or desire to have a private path for the con- The mar- venience of his or their settlement to the nearest public road or lauding place, such ^ °fpriVa.c person or persons shall communicate their wish or desire to the board of commissioners rJads t0 c°n "' municatewith at their annual meeting, therein giving a full and accurate description* of the road they public roads.- wish laid out, with the place from whence, and whither they wish it to lead; and the board are hereby empowered to determine on said petition, and if deemed reasonable, to order the laying out the same, at thejoint proportional labor and expense of those who may apply for, and use the same in common, of which proportional labor-and expense the board are hereby declared to be sole judges. • , And where as, the inhabitants within that part of Camden known by tlic-.nama' of Little Satilla Neck, are subject to great inconvenience from their remote situa-- tion from the main public road,—* ■ Sec. 17. Be it further enacted by the autabrity aforesaid, That William Scott, iaiduoffcfr°0m Nathan Adkenson and Benjamin Turner, be, and they are hereby appointed commission- No0-^int^'sthe erstdlay ©tit a road from Nodding'S point-to tlie public road leading from Barrington, public road to St. Mary's, taking such direction as they in their judgment may think proper, which Barringtonto shall be worked upon by the inhabitants, within those limits, for the space of two years St- Gary's— . . . * commission- only, and governed by the same rules and'regulations, that arc required by this act) ers named. Trofided nevertheless, That nothing herein contained shall be construed to exempt the inhabitants within such limits, from working on any public road which may be assigned *>r0V1S0, them by the proper authority, after the expiration of the aforesaid two years from - thp 1 passage of this aet ■ Sec. 18. Jhid be it further enacted by tlie authority aforesaid,' That Captain Charles one^Tppoin- Dewitt, William M'Kcnnen, John Snead, Samuel Burnett and James Alney, Esqrs. -infend certain be, and they are hereby appointed commissioners of the road leading from the town of • p°^vs' cruris' Brunswick to Fort Barrington, until the same shall intersect the main post road, leading wick to Bar- - - ■ . ■ , , ... rington and * Tkis section continued in force lor one year by act of 1808, No, 380;- Mary's. 35'u- ?*AWS OF GEORGIA,, (No. 268.) to the town of St. Mary's. And that Job. Tyson, John Thomas and Edward Pitcher, labor* on^th" Esqrs. be, and they are hereby declared commissioners of the road beginning at Fort last mention- Barrington, and taking the direct route, so as- to« intersect tho road, leading to St.- ed road ap- portioned be- Mary's aforesaid—And that the labor necessary to-be done on the aforesaid road shall be anfmyneT" apportioned between the counties of Glynn and Wayne, in. the following manner, to wit:—The inhabitants of Wayne, as well whites as slaves, residing within twelve miles of the said roads, or any part thereof, shall be liable to, and subject to perform road - duty; beginning from the south; side of the river Alatamaha, immediately opposite Fort Barrington, and, extending along the road already laid out, to the plantation of John Fort; and all the inhabitants of Glynn,, residing within ten miles of the said road,, shall be liable to, and subject to perform road duty; beginning from the plantation of the- said John Fort,, and extending along the said road, to the head of the Little Satilla, so- as to intersect the Camden road, Commissi- f "r^th at apiu: t Sec., 19. And be it further enacted, That William O'Neal, Stephen Pitcher and bordering °on Clement,, be,, and they are hereby appointed commissioners of the. road afore- Wayne. said, leading through and bordering on the county of Wayne. Sec. 20. And be it further enacted bfc the authority aforesaid, That all persons lia- ■persons ii- perform road; duty,. residing, or being on any sea-island, within the county of. on^ro^ds^i? ® are hereby declared subject to work on the road leading from -the to wn of Brims- jng on islands, wick to Fort Barrihgten, until the same shall be completed,, under the. direction of the of ciynn^shail commissioners aforesaid—Provided nevertheless, That nothing herein contained shall com- roa? leading P®1-the personal* attendance of any slave or slaves, in case their masters,, owners,, mana- from Eruns- gers or employers, , shall pay to the commissioners within ten days thereafter, being noti- wicJt to ringto*. fied thereof, the sum of three dollars for each and every slave or slaves, so liable to r^uJnpen^- work as-aforesaid,, and that in default thereof, after being so notified, he, she or they f Ct c^du^y" su^ject *° all the fines and forfeitures, as the persons subject to road duties residing on the main are. iiiStFa^'to °f Sec. 2i,.And be it further enacted by the authority aforesaid, That it shall become make a return the duty of the captains of the several district companies of militia, within , the county to d^miutia Camden, to render the commissioners or surveyors aforesaid, at their annual meet- -broads to *nS'-hsts °** all whites within their several districts, who are subject to perform duty as the commissi- militia men on the.roads aforesaid. And the commissioners shall,.from the lists so to be annual meet- rendered,, select,, and.makeout a roll of the names of the several persons,. having regard in who are to *° ^10se 0Dty who reside within the several ' districts marked and pointed out by the com- make out a missioners-aforesaid,. from which roll, or list, so made out, as aforesaid, the commissi- having regard oner or commissioners.-of each district, shall Selector divide his or their list, of names d^stnote^to as aforesaid, into three divisions, or squads ; the first*of whom shall, by the summoner Which they 0r summoners, be notified to appear on the two first days; the second division on thfe- belong, and. to, PASSED £N THE YEAR l&OS. ZSi third and fourth, aud the third on the fifth and si^th days—And in case the aforesaid (No. 268.) captains of districts shall neglect, or refuse to render their lists, as aforesaid, at the ^3° r times aforesaid,. each, and every of them so neglecting, or refusing, shall be subject to a ^ altern^t ^ y fine of twenty dollars, to he recovered as other fines in and by this- act are, while at work on said roads Penalty for Sec, 22. And be it further enacted, That all laws, or parts" of laws heretofore passed t°o- so far as respects the regulation of the public roads in the counties of Bryan, Liberty, Repealing: M*Xntosh, Glynn, Camden and Wayne, be and the same are hereby repealed.* clause. BENJAMIN WHITAKER, Speaker of the House of Representatives- EDWARD. TELFAIR, President of the Senate* Assented to, December 8, 1806,- JARED HI WIN, G overs oe. AN ACT (No. 269.) . To lay out and identify six new countiesf out of tits counties of Baldzvivy and Wilkinson, sec i JLiE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, That from and immediately after the passage of this act, Baldwin and Wilkinson counties shall be divi- Morgan ded as hereinafter pointed out, vis:—Beginning on the Oconee river, where the line di- off and deftn- vidingthe third and fourth districts of Baldwin county, leaves said river, running south cd* seventy-seven degrees, thirty minutes'west to Little River, then up said river to the Indian Boundary line; thence with the said Indian boundary to the AppaJachee river; thence down the same to its junction with the Oconee; thence down the same to the beginning ? which tract or parcel of land so bounded and described, shall form a new county, to be called and known by the name of Morgan, Sec. 2, Andle it further enaciedby the authority aforesaid, That all that tract of country herein after pointed out, -beginning at Little creek, where the county of Mor- coun^tadh gan intersects the same, running south two degrees, thirty minutes west to the main offand » be called and known by the name of Laurens., Seo. G* And be it father enacted by the authority aforesaid, That all that tract orv parcel of laud hereinafter, pointed out,. beginning on the Ocmulgee, on the corner of** t7llkiU'oT& county .°f Laurens, running down the meanders of the said river to its junction with- defined. ike Oconee river, up the meanders of the last mentioned river, to the point where Lau-, reus county strikes the same; thence along Laurens county line to the beginning, shall * aLo form one other new county to.be called und known by the name of Telfair.. p-rt of th" Sec.. 7. And be it; further enacted, by the, authority aforesaid, That all that tract or l ite o ssion parcel of land lying within the limits of the aforesaid counties, and south of the county, kt^oio° ^ of Jones, shaU be annexed to, and become a part »o£. Wilkinson.- * See ac~ of 1808, No. 872. confirming these lines, 3d section. See also, act of 1810, No. 528, adding part of this county to the county of Jones... "PASSED IN THE YEAR 18or. 359 Sec. 8. And be it further enacted, by the authority aforesaid, That all that tract of (No. 269*) country, lying north of a line beginning where Commissioners ersek crosses Wilkinson sa^rt county line, running north sixty-five degrees, east to the Oconee river; thence up said to Baldwin river to Baldwin county line, shall fee attached to, and is hereby made a part of Bald- .wilt county. , Sec. 9. And be it further enacted by the authority aforesaid, That all justices and Other officers that may be residing within the aforesaid new counties, shall continue in 0A-ecr . office,^ and that the courts and other public business, shall be held and transacted in the. said counties county of Morgan, at the house of Fields Kennedy; in the county of Randolph, at the appchumenta house of John Towns : in the county of Jones, at the house, of William Jones ; in the stlll'&thc tem 7 J 7 7 porary places county of Baldwin, at the State-House* in the town of Milled geville.; in the county of of holding- -Futnam, at the house of George Hill ; in the county of Laurens,f at the hbuse of natel' c 'Feter Thomas; in the county of Telfair,$ at the house of. Jesse Bird.; and in the county of Wilkinson,$ at the house of Willis Anderson. , BENJAMIN WHITAKER, 'Speaker of the House of Representatives DAVID BATES, President of the Senate, pro, tem. Assented to, December J. 0, ISO?. JARED IRWIN, Goyeenoe. AN. ACT (No. sre.) To organize the counties lying between the rivers Oconee and Ocmulgee, Ifotd to form a Judicial circuit• Sec I "U - * JOE it enacted by the Senate and House of Representatives in General A judicial Assembly met, and it is hereby enacted, hi} the authority of the same, That the offend called counties of Greene, Morgan, Randolph, Putnam, Jones, Baldwin, Wilkinson, Laurens 0e™ul£ee- L lie coun- and Telfair, shall form one other circuit, to be called and known by the name ties compo- of the Ocmulgee circuit. sing xt' * See act of 1808, No- 341, repealing so much of this section as authorizes the holding courts in the state-house. f See act of 1810, No. 523, establishing the sit® of the public buildings of this county, appointing commissioners, Ac. $ See act of 1810, No. 503, authorizing the justices of the inferior court to fix on the site for public build- iags ; and until they are completed, courts, &c. to be held at the house of Mark Pregon. ,§ See act of 1810, No. 534, appointing commissioners to fa on the site for public buildings, Ac. ,>60 LAWS OF GEORGIA, (No. 370.) Sec. 2» Jlttd, be it further enacted by the authority aforesaid, That the judges of the Tunes holding- superior courts, or one of them shall hold the said courts in each county, twice in every suf T^er-in » ear* re8Poative times and in manner following, to wit: On the fourth Mondays in February and August, in Putnam—-on the first Mondays in March and September, ill Greene—on the second Mondays in March and September, in Morgan—on the third Mondays in March and September, in Randolph—on the first Mondays in April and October, in Jones—on the second Mondays in April and October, in Baldwin—on the third Mondays in April and October, in Wilkinson—on the fourth Mondays in April and October, in Laurens—-and on the first Mondays in May and November, in Telfair.* Sec. 3. And be it further enacted by the authority aforesaid, That the inferior courts holding" the sa^ circuit in the counties aforesaid, shall be held twice in every year; at the respec- thereSC an(* manner following, to wit: On the second Mondays in June and De- cember, in Putnam—on the third Mondays in June and December, in Greene—on the ^fourth Mondays in June and December, in Morgan—on the first Mondays in July and January, in Randolph—on the second Mondays in July and January, in Jones—on the third Mondays in July and January, in Baldwin—on the fourth Mondays in July and Jan- uarv, in Wilkinson—on the first Mondays in August and February in Laurens—and on fhe second Mondays in. August and February, in Telfair. _ An election Sac. A. And beitfurther enacted by the authority aforesaid, That an election shall tobe held for 'be held in the . counties of Randolph, Morgan, Jones, Putnam, Laurens, and Telfair, county offices. on ^he first Monday in January next, for a clerk of the superior and inferior courts, sheriff, eoroner, and surveyor, for each respective county, at the places appointed for holding courts in the said counties, and that all free male white persons, resident in said counties,: at the time of holding the election, who have attained to the age of twenty-one years, shall and they are hereby entitled to give their votes for said officers; and the said sheriffs, coroners, and county.surveyors, so elected, shall continue in office until the until me next ljex*: Senera^ electionfor county officersthroughout this Stale; any thing contained id general elec- an act entitled, * an act to lay out and identify six new counties, out of the counties of tl0n* Baldwin and Wilkinson," to the contrary notwithstanding. To hold their offices until the next Sec. 5. And be it further enacted, That the deriss of Baldwin and Wilkinson, sher= and sheriffs of coroncrs and other officers, shall, and they are hereby required to transmit all pa- Baldwin and pers relative to any case now pending, and undecided, in the said counties of Baldwin teansmit°n all „mid Wilkinson, to the clerks, sheriffs and other officers, in the respective counties, in Sunty^vhere the defendants reside, as fully and as amply as before them remain; closely the defend- „ sealed up, and directed to the respective officers in whose care and charge thev should ant resides. bc plam[> * See act of 1808, No. 344, altering the times of holding the superior courts in the counties of Jones, \Vil« kinson, Pulaski, Laurens, Baldwin, Telfair and Morgan. And see in the same act, an alteration of the inferi or courts in P ulaski and Laurens See act of 1809, No. 479, loitering the tunes of holding all the superior . courts in this circuit. PASSED IN THE TEAR 1S07. 3oi Sec. C. dud be it further enacted, That the justices of the inferior courts, of trie said (No. 270.) several counties, shall on the first Monday in February next, make a selection from or among the persons liable to serve as grand and petit jurors, agreeably to an act for the draw grand better selecting grand and petit jurors, for the said several counties, and then seal up for said res- the said selection agreeably to the said act, and return the same to the clerk of the supe- cou!l~ rior court, which said jurors shall be duly summoned by the sheriff, and serve at the first term of the superior and inferior courts, in the said several counties, BENJAMIN "WIIITAK.ER, Speaker of the House of Representatives.- DAVID' BATES, Tresident of the Senate, pro.tem.. Assented to, December 10, 1S07. JA11ED IRWIN, Governor. . AN ACT*- (No. 271;) Ta amende -an act to appoint commissioners for the better regulating and government of the town of Milledgeville," and for incorporatingihe same. Sec. 1. J|e ft enacted by the Senate and House of Representatives, That all persons who are entitled to vote at the general election, for members of the General Assembly Commission- shall be entitled to vote for commissioners of the town of Milledgeville, which said election **®.n °Qf b shall be held on the first Monday in January next at the State-House in Milledgeville, lectedbythe citizens &nd. under the superintendance of any three justices of the peace for the county, not being, to pass all bye candidates,-and in case there should not be a sufficient number of justices to hold such government election, then and in that case, it shall be lawful for any three respectable freeholders of tlie town, of the county,, one of which shall be a justice of the peace, to hold said election $ and in ease of vacancy happening in the board of commissioners, sueh vacancies shall be filled by his Excellency the Governor, and shall hold their appointments until the next annual election thereafter: and no person shall be eligible to hold the appointment of commissi-- oners of said town, unless he has resided one year previous to the election,- and having Mru6 ft bo« a freehold or lease for years of a lot within the same : And the commissioners of said dy politic, town shall have perpetual succession, and shall be capable to purchase, have, hold, re- teive, enjoy, possess and retain, to them and their successors, for the use of the town * This act, altered and amended by act of 1810, No. 535. % r LAW3 OF GEORGIA, (No. 271.) of Milledgeville, in perpetuity, or for any term of years, any estate or estates real or per- sonal, messuage, lands, .tenements, hereditaments of whatever nature or kind-soever, within the limits of the tract of land ^appropriated, and laid off for said town, and to styled, alien, exchange.or lease the same or any part.thereof, as they shall or may think pro- per: And by the name of the commissioners of the town of Milledgeville, to sue and be sued, to plead and be impleaded, answer and be answered .unto, in any court of law or equity in this State; and they shall be empowered.fr om time to time to make and estab- lish such bye-laws, rules and ordinances respecting the streets,, public buildings (the State House and pubile square excepted), markets, public houses, carriages, waggons, oarts and drays, pumps, buckets, fire engines, the renting all the cleared land and fisheries, the care of the poor,, the regulation of disorderly persons, negroes ; and iugeneral any oth- -er bye-laws or regulations that shall appear to . them requisite and. necessary , for thesecu- rity, welfare and convenience-of said town, or for preserving peace, order and good go- vernment within the same; And the commissioners shall also be vested with full power and authority to make such assessments on the inhabitants of said town and commons, as shall appear to them expedient, and to affix and levy fines for all offences committed against the bye-laws of the said town, and are hereby authorized to appoint such officers .as they may deem necessary to carry the same into execution, and to affix the salaries and fees of such officers^—Provided, nothing herein contained shall authorize the com- Proviso. missioners to make any bye-laws repugnant to the constitution. of this State or the United States. i?h? take an Sec. 2. Be it further enacted, That the commissioners of said town of Millcdgeville Oath. shall take the following oath before a justice of the peace :fi I, A. B. do solemnly swear or affirm, that I will to the utmost of my power support, advance, protect, and defend the good order peace and welfare .of the town of MilledgeviUe and its inhabitants, as com missioner of said town." Sec. 3. And be it further enacted, That any law or parts of laws, militating against . cia\5e.Pealing the foregoing, be and the same are hereby repealed. .BENJAMIN WHITAKER, Speaker of the House of RcpresentalfoMc DAVID BATES, President of the Senate, pro- tern* Assentedto, December,10, 18Q7. JAItED IRWIN, Govern ox? PASSED IN THE YE AD 1807. 363 AN ACT (No, 272.) To add part of the counties of Washington and Hancock, to the countij of Baldwin, "W HEREAS a number-of the citizens inhabitants of said counties^ have petitioned preamble this legislature, praying to be added to the county of Baldwin:— BE It therefore enacted by the Senate and House of Representatives of. the* p ^ State of Georgia in'General Assembly met, and by the authority of the same, That all slungton and that part-of the said counties of Hancock and Washington, hereafter described, bead- deu^^Bald" ded to, and become a part of Baldwin county, to wit:—Beginning at Aaron MBvinzie's Win> ferry, on the Oconee river, thence a straight line to Holt's mills, on Town Creek; thence up said creek, with the meanders thereof, to Harris's upper mills, on said creek; thence a straight line to the Oconee river, opposite the mouth of Little river ; thence with the Oconee river, to the beginuing.. BENJAMIN WHITAKER, Speaker of the House of Representatives,* JOIIN FOSTER, President of the Senate, pro, ten*, Assented to, December 10, 1S07:~ JARED IRWIN, Govern ok.. AN ACT' (Now 273.). To provide for the arming the militia of this < State, Sec. 1. it enacted by the Senate and House of Representatives of the State of Geor-' gia, in General Assembly met, and bij the authority of the same, it is hereby enacted That the following arms, ordnance, accoutrements and ammunition* shall he provided as ^a^'pistois soon as may he, for the use of the militia and defence of this State, that i3 to sayten witIiammuni- thousand stand of arms,' to wit: muskets of the size andf dimensions as is provided for militia!* ° the army of the United States, now in service, the bore of each musket to be sufficient* to receive eighteen balls to the pound, and of sufficient substance to bear that proportion of load and the necessary quantity of powder, with a complete bayonet, and eartoiich box to contain twenty-four cartridges, and a bayonet-belt and scabbard for each stand of arms, also not exceeding twelve field pieces (brass four pounders,) complete and with- carriages and limbers, seven hundred pair of horsemen's pistols of the ordinary size, and complete^ - and also, one thousand horsemen's swords,- with belts and scabbards; ten. S6t LAWS OF GEORGIA, (No. 2 7"3.) thousand weight of gunpowder, thirty thousand weight of load, two thousand the bun- dred cannon balls, and live hundred gross of gun flints. The govern- Sec, 2. And be it further en acted,'That his Excellency the Governor, be, and he E hci'eby required to procure by agency, or any other means, if ha shall think the same more cd and depo- adviseable and for the interest of the State, :thc ^foresaid quantity of arms, ordnance, old state 16 accoutrements and ammunition of the best quality, and on the best terms they can be iaviUe.1" L°U" *ia(* United States, and after the arms, ordnance, accoutrements and ammu- nition above prescribed, are procured as above directed, the governor is hereby required to have the same deposited in the late State House, in the town of Louisville, in the county of Jefferson, to he disposed of in such manner as may he pointed out by the coin- mander in chief, cr the legislature of this State. To appoint gEC< j ie it further enacted. That*his Excellency the Governor, be authorized a guard to ^ , keep in order and required to appoint a lieutenant, serjeant, and six fit and proper persons, who shall the said aims. res*tjc ^ t(nyn x^oiiisvilles to take charge of and keep in good order and repair, and at all times fit for service, the said arms, ordnances, accoutrements and ammunition. Sec. -i. And he it further enacted, That for the faithful performance of these duties Their com- the said lieutenant, serjeant and six men, shall receive the following sums; the lieu- duty^tluTlieu- tenant, twenty-five dollars per month; the serjeant fifteen dollars per month, and each bond \n°d8 seC man twe*ve dollars per month, which compensation-shall be paid quarter yearly, by his curity. Excellency the Governor, out of the contingent fund of this State; and.that the lieu- Jcnant having charge of the arsenal as aforesaid, shall give bond and such security as shall he approved of by the ^governor or commander in chiefs .well and truly to perform the duties required of him as keeper of the aforesaid arsenal, and to have the arms aforesaid in proper order and fit for service, and at all times when called mi to produce the same, or any part thereof by order , of the commander in chief, or any officer he may authorize to receive the same, under the penalty of five thousand dollars, and that the keeper of the arsenal shall at all times, when he may be required, take into •his possession the aforesaid arms, ordnance, accoutrements and ammunition when com- manded so to do, by any officer commanding a division, brigade, regiment or battalion, and keep the same in the same order, as when the said arms, ordnance, accoutrements, and ammunition are received by him until such time as they shall be again called for by the authority aforesaid, for the public service. The arms Sec. 5. And be it further enacted, That it shall be the duty of the adjutant-general at least twice in every year, to inspect the arms, ordnance, accoutrements and ammuni- to be inspect- tion so deposited in the arsenal, and the keeper of the arsenal is hereby required to sub- jutant-gene- * ,mit to the inspection of the adjutant-general the arms, ordnance, accoutrements and ammunition, which may be in his care and keeping, on the days appointed by the said PASSED IN THE YEAH 1807. adjutant-general, for the purpose of inspection as aforesaid, Provided, the said keeper (No. 272.) of the arsenal aforesaid, shall receive at least one day's notice thereof, as to the lime when the inspection shall commence, in writing from the adjutant-general, and in case ithe keeper of the arsenal aforesaid, shall fail to produce the arms to be inspected by the ;adjutant general, after having the notice in writing as aforesaid, the keeper of the arse- ;nal so refusing or neglecting, shall forfeit and pay the sum of twenty five dollars, for each and every day's neglect or refusal, to be recovered by action of debt, in any . court having jurisdiction thereof. Sec. 6. Jlnd be it further enacted, That it shall be the duty of the adjutant-general *ta report the state and condition of the arms so inspected by bim, to each and every sue- rceeding legislature. And whereas, by information from our delegates in Congress, com- rsmmicated to this legislature by his Excellency the Governor, there is a probability that an appropriation will be made by Congress for the payment of -the arms, ordnance, ac- -coutrements and ammnnition aforesaid, as a payment in part of the consideration for our - western lands, sold and ceded to them by articles of cession, on the twenty fourth day of April, one thousand eight hundred and two. And to ve» port their con dition to eve- ry legislature pay f or said arms, then the govern- ment to pay Sec. 7. And be it therefore enacted by the authority aforesaid, That should the Con- ^ ^ gress of the United States not make an appropriation for the payment of the aforesaid should not arms, ordnance, accoutrements and ammunition, that his Excellency the Governor be and he is hereby authorized to pay out of any monies which now are or hereafter maybe in the treasury ,the amount of the arms, ordnance, accoutrements and ammunition so for them out , _ of the trensu- purchased. ly. BENJAMIN "WHITAKER, Speaker of the Mouse of Representatives? DAVID BATES, President of the Senate? pro. tern, Assented to, December 10, 1807. J ABED IRWIN," GoyebwoBo 366 LAWS OF GEORGIA, (No. 27*.) AN ACT To quiet the claim of General John Clark, to all the privileges* benefits, profits and im- munities, belonging to, or in any way connected, with the fraction, number three hun- dred and sixty one* in the first district of Baldwin.. General j. SeC.,1.. B E dark's frao- E it enacted by the Senate and House of "Representatives of Georgia, in tions reduced General Assembly met, and it is hereby enacted by the authority of the same, That thev per acre, three upper fractions, (to wit:) number three hundred and sixty one, three hundred and sixty two, and three hundred and seventy six, shall be reduced to the sum of six dollars And ins per acre, which will entitle General John Clark to a credit on his bonds given to rd— the State, to the amount of five thousand one hundred and nine dollars: Provided, the Prouso. said John Clark shall and do file, in the office of the executive, a deed relinquishing all1 his right and title of, in and to the south western stream of the Oeonee river, adjoining the fraction number three hundred and sixty-one* first district* Baldwin county, and to all' privileges therein* All fines a- ®EC* ^e ^ enacted, That the said John Clarke be, and he is hereby exonera- gainst said tetl from all fines and penalties that may have been heretofore had, obtained or decreed Clark,, remit- 4 * ted. against him by reason of any obstruction alledged to be made by him in the stream afore- said* so far as the State of Georgia, is, .or may be interestediii said fines and forfeitures- and all judicial officers in this State, are hereby required to stay-all further proceedings in the premises in .behalf of this State.- BENJAMIN WH1TAKER, Speaker of the House of Representatives.. DAYID BATES, .President of the Senate, pro. fan.. Assented to,. December 10, 1807. JASED IRWIN, GOVEBXOIU, (No, 275.) Thel?t and AN ACT To lay out and define ihe several divisions of the militia of Georgia» Ski brigade of ^£C3, 1' JO E it enacted by the Senate and House of Representatives of the State cn, ascertain- of Georgia in General Assembly met, and it is hereby enuctedby the authority ofthesame, ed and tlefm- ed* PASSED IN THE YEAR 1807. SS7 'That from and after the passing of this act, the militia of this State, shall be divided (No. 275,) and organized into four general divisions, which shall be subdivided into eight brigades, in the following manner, to wit: the counties of Wayne, Camden, Glynn, Liberty, M'Intosh, Bryan, Chatham and Effingham, shall compose one brigade, to be known and called as the first brigade of the first division ,• and the counties of Bulloch, Tatt- nail, Scrivcn, Montgomery, Burke, and Jefferson, shall compose one brigade, to be .'known and called as the second brigade of the first division, Sec. 2. And be it enacted, That the counties of Richmond, Columbia and The 1st and "Warren^ shall compose one brigade, to be known and called as the first brigade of the ^eb2lfdivJsi- ^second division; and the counties of Washington, Wilkinson, Laurens, Telfair and on ascertain- •Hancock, shall compose one brigade, to be known and called as the second brigade of ed. '• the second division. Sec. 3. And be it enacted, That the counties of Baldwin, Jones, Putnam, the i*t and Randolph, and Morgan, shall compose one brigade, to be known and called as the first 2d brigade of the 3d divisi- brigade of the third division; and the counties of Greene, Oglethorpe and Clarke, shall on laid off compose one brigade, to be known and called as the second brigade of the third division. and defined Sec. -i. And be it enacted, That the counties of Wilkes, Lincoln and Elbert, -■shall sd^rigade of compose one brigade, to be known and called as the first brigade of the fourth division; off1' and the counties ©f Jackson and Franklin, shall compose one brigade, to be known and and defined, called as the second brigade of the fourth division. Sec. 5. And be it enacted, That the divisions and brigades, herein before pointed out The divisions and described, shall be subdivided into regiments, battalions and companies, as directed Jo be^iS^ff by the militia law of this State, and the United States now in force. intoregiments battalions & companies. BENJAMIN WHITAKER, Speaker of the House of Representatives* BAUID BATES, President of the Senate, pro* tern, Assented to, December 7, 1807. JARED Hi WIN, Governor, m luVWS OF GEORGIA* (No, :r" ) AN ACT Tu ry.nl an jet, entitled, "An Act, pointing out a mode for adjusting 4he cMms of the citizens of this State, against the Creek Nation. Treatable Tf|— 1 f IIBrfSAS the legislature of this State did, by the act aforesaid, -give tathecomp- tivll^r-geneval, certain powers therein mentioned, for adjusting the claims of the eiti- yens of this State against the Creek nation*: And whereas it is found that, by the adjust— merit of the claims aforesaid, made by the comptroller-general, that many of the good citizens of this State have^ been deprived of a considerable part of, their claims, though • the same were fully, proven* for. remedy whereof:—.-. The act of Sec, X. BE it enacted by the Senate■ and House of Representatives of the State of Gear-• subfecTrepea- 171 General Assembly met, and it is hereby enacted by the authority of same. That the ied. act entitled "An Act, pointing out.a mode for. adjusting the claims of the citizens of this State, against the Creek nation," passed the twenty-seventh day of November, etie thousand eight hundred and two, and all other acts, parts of acts and resolutions, rela* tive to the aforesaid claims, , be, and the. same are hereby repealed*. Sec* 2. And be it.further enacted by the authority aforesaid, - That the comptcoU Comptroller- ler-gcncral, be, and lie is hereby directed to take up the aforesaid claims, and the books red^iay^be" re^urned hy the lajte comptroller-general, and thereupon lay before the legislature, a fore the next fair stament of the aforesaid claims, without any deductions whatsoever,-together with. legislature a statement' of such other claims as may be in like manner exhibited to the comptroller-general, duly Saims d authenticated, on or before the tenth day of November next. BENJAMIN WHITAKER, Speakw oflhe House of Representatives. BAYID BATES, President of. the.Senate, pro. tem Assented to, December 1Q, 1807. JAREB IRWIN, vGovebnob* PASSED IN THE TEAK iBOT. AN ACT (No. 277.) >J?$r the better regulation of free negroes, in the cities of Savannah and Augusta, and the towns of Washington, Lexington, and Milledgeville. Wi HEREAS the citizens of Savannah and Augusta, and their vicinities have hereto- fore, and do now experience great injury and inconvenience from the number of free negroes, mulattoes and mustezoes, of vicious and loose habits who have settled and are daily settling therein. Preamble. Sec. i. BE it therefore enacted by4the Senate and House of 'Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, That from and after the first day of January next, all free negroes, mulattoes or mustezoes, who may then or any time thereafter, reside within the corporate limits of the cities of Sayan- uah and Augusta, shall be subject to the same police regulations, and restrictions as slaves are or may be by the laws of this state, and any person who shall hire or let any house or tenement to any free negro, miilattoe, or mustezoe within the limits of said cities, without permission from the city council thereof, shall be subject to the same pen- allies as if such house or tenement had been let or hired to a slave, any law, usage Or custom to the contrary notwithstanding. Freenegrocd to be under the same go- vernment as slaves, and no person to let or hire them a house with- in the cities of Augusta & Savannah. Sec. 2. And be it further enacted, "That the commissioners of the towns of Washing- ton, Lexington and Milledgeville, be and the> are hereby vested with the same powers, as to the regulation of such free persons as above described, within their respective juris- dictions, as the corporations of Savannah and Augusta are by this law. BENJAMIN WHITAKER, Speaker of the House of Representatives' DAYID BATES, President -of the Senate, pro. tem. Assented to, December 7", 1807. The com- missioners of Washington, Lexington &: Milledgeville vested with, the same pow- ers as to the regulation of these people. JARED IRWIN, GOVEEXOE. -AN ACT To authorize Thadeus Holt, Esq. to erect a bridge across the Oconee river, at or near his ferry on the main road leading from Milledgeville to Augusta, Savannah and JDaricn. W: (No. 278.) HEREAS Thadeus Holt, by his petition to this Legislature, has prayed the pri- vilege of erecting a bridge over the Oconee river, at or near his ferry, where the jnain Y % Preamble LAWS OF GEORGIA,. (No. 278.) road leading from Milledgeville to Augusta, Savannah and Darien, crosses the sanies And whereas it is thought and believed, that, to grant him such privilege will tend to- promote public convenience.. Tiiadeus Sec. 1. RE it therefore enacted by the Senate and House of Representatives of the ■to erect a State of^ Georgia, in General Assembly met, That from and immediately after the pass- the^Oconee this act, the said Thadeus Holt is hereby authorized to erect a bridge across the river. said river, at or near his said ferry, and to hold and occupy the profits and advantages thereof, for and during the term of ten years after the same shall be completed, at the following rates of toll (to wit:) for a loaded waggon and four horses, fifty cents; for Rates of an empty waggon- and four horses, thirty-seven and a half cents; for'a loaded- cart and two horses, twenty-five cents; for an empty cart and two horses, eighteen and three quar- ter cents; for a rolling hogshead of tobacco and two horses, twenty-live cents; for all four wheel pleasure carriages, fifty cents; for all two wheel ditto, twenty-five cents; for a man and horse, twelve andahalf centsfor allied horses and mules,..three-cents; for each-foot passenger, .six and a quarter centsf for each head of stock cattle, two cents; and for. each head of hogs,.. sheep or.goats, one.cent:—Provided, the said bridge shall be so. constructed, as to admit tlue passage of any boat or raft, Avhich may be brought down, said river, andprpvided that the. said Thadeus Holt, shall complete the said bridge » within the term of two years from the date of this act** To pay the er™mofS*°the Sec-. 2. And be it further enacted, That the said Thadeus Holt, his heirs, eiecutors,, town of Mil- administrators or-assign, shall pay unto the commissioners of the corporation of Mil- ln?tthigllehisr ledgeville, .or their successors in.office, such sum or sums of money annually, as they town land ^ e aSree upon,..previous to the building said bridge, for the privilege of butting the How the bridge on the land reserved to the town of Milledgeville, to be applied to the use of. fee°appUed building a school house or academy in the town of Milledgeville. BENJAMIN WIIITAKEIt, Speaker* of > the House of Representatixts DAVID BATES, President of the. Senate, pro, tem. Assented to, December 10, 1807". JARED IRWIN, Governor. wa. Proviso. Proviso. ^ a ■ > i fc, '< '■ i i i ., , i ■ 1,1 * Sjee act of 1809, No. 466, extending- the time one.year longer. PASSED IN TIIE YEAE 1&Q7. an AN ACT (No. 279.) To point out tht mode, and pwnish such persons as have made fraudulent returns under the former laws, disposing of the territory lately acquired from the Creek nation. W, Preamble. IIEKEAS many persons who were not entitled to draws in either of the late land lotteries, have imposed on the good people of this State, by pretending that they were entitled to draw or draws in one or,.ether or both of the late land lotteries: and have re« turned their names upon oath, as entitled to the same, w hen in truth, they were incapa- . ble bylaw of deriving any benefit from the same, by their not having resided in this .• State for the space of time required, or being under the age pointed out by law, or . pretending that they-were the heads of families having a child or children, when they were not so ; or by alledging that they were widow s; when they knew themselves to be 1 married women j or by pretending to be over and above the age of twenty one years, when they were not. And whereas the twenty-first section of the act entitled an act, to . dispose of and distribute the late cession of lands, obtained from the Creek nation by the • United States, in a treaty concluded at the city of Washington, on the fourteenth day of November, in the year one thousand eight hundred and five; passed on the twenty sixth .dayof June, one'thousand eight hundred and six, declares, thatall grants obtained in any other manner than the one pointed out in the said act, should be null and void, w ith- out prescribing to the mode by which offenders -of the aforesaid description should be iodo-e' a"com .broughtto condign punishment. * " * * ^ , of the superi- Sec. 1. Be it therefore enacted, That it is and may he the duty of any person ot per- gainst "an of- Persons mav sons whatsoever, to file or lodge a complaint in the clerks office of the superior courts, fender in the county where for the county where such offending person made his, her or their return for a draw or |.ie -Sl\vc for a draw in draws in the late or former land lottery, at any time after the passing of this act; point- either lottery ing out such tracts of land as are claimed under those fraudulent returns : and it shall suclf lfid°as also be the duty of persons lodging such complaint, to advertise in the State's Gazette, ^wnfraudu published at Milledgeville, for six months at least once a month, notifying the original lently. grantee orc his, her or their legal representative to appear at the next superior court there- after, to support , the legality of their claim. -Sec. 2. And be it further enacted, That it shall be the duty of the attorney- general or either of the solicitors to prosecute in behalf of the State, for all such tracts of land Advertise- ment of six months must be made noti- fying" the frau dulent draw- er to support bis claim. Duty of the as are charged, being founded on fraudulent returns, to final judgment and execution, attorney and solicitors-g'en and thereafter pay one half part of the value of the land so recovered to every informer erai in this who shall ceme forward and prosecute for such land, Provided, if such prosecutor shall aCQne half of Dal, the informer shall pay all costs. the land to go -to the State, the other to •the informer. Proviso. LAWS OF GEORGIA* Prqyis©, (No. 279.) Sec. S. And be it further enacted, That it shall be the duty of the attorney or soli- to beprcfered citor-general, in all such cases to prefer indictments against such offenders in the county gainst fraud, where such offence was committed, and on conviction thereof, the person so offending,, ulent di'iivcrs and their pun- shall be deemed and held incapable of holding any office of honor or profit in the State, conviction^011 &p term of ten years. And in cases where such offenders have made such fraudu- lent return on oath, they shall suffer all the pains, penalties and disabilities which are consequent upon the crime of perjury,. Provided always, That in all trials under this act, the burlheivof the proof shall rest upon the grantee, his, her or their heirs or assigns.^ BENJAMIN. WHITAKER, Speaker of the House of Representatives> DAVID BATES, President of the Senate, pro. te?n„ Absented to, December 10,, 1807, J ABED- IRWIN, Governor (No.. 280.) AN ACT To appropriate monies for the politicaWyeai* eighteenhundred and eight. 15,000 doi- jOE it enacted by the Senate and House of Representatives of the State of ting-eat"1 fond Georgia, General Assembly met,, and by the authority of the same, it is hereby enacted, That the sum of fifteen thousand dollars be, and the same is hereby appropriated as a., contingent fund,, subject to the orders of the governor.. Sec. 2.. And be it further enacted, That for the compensation of the members of the House of Representatives and Senate, the sum of three dollars per day, during their at- Compensati tendance : and the sum of llirce dollars for every twenty miles in coming, to, and return-- ®n to the mem . . ' , „ , „ ... hers of the mg irom the seat of government ,• and the sum of four dollars each per day, to the Pre- anfthjiroffi- s^cnt c* the Senate., and the Speaker of the House of Representatives, during their cer3, attendance ; and the sum of three dollars each for every twenty miles in coming to and rc- turning from the scat of government; to the clerk of the House of Representatives and" secretary of the Senate, during the sittingof the legislature, four dollars each per day; and also the sum of sixty dollars each, for contingent expenses ; to two engrossing clerks of the Senate, and two of the House of Representatives, four dollars each per day du- ring their attendance ; to the messenger and door-keeper of the Senate, and messenger * See act of 1808, No. 337, section 6th, repealing this act. PASSED IN TIIE TEAK iSor. 573 and door-keeper of the House of Representatives, three dollars each per day; to Ed- (No. 280.) mund Booker Jenkins, clerk of the committee on finance, forty dollars; to Thomas II. Kenan, clerk of the committee on the state of the republic, forty dollars; to the clerk of the House of Representatives, secretary of the Senate, and the messenger and door- keeper of each house, three dollars each for every twenty miles in coming to and return- iug from the seat of government; to the adjutant-general, four dollars per day while in general, actual service ; to the commissioners for selling the fractional parts of surveys of land, Fraction sel- in the counties of Wilkinson and Baldwin, three dollars per day each, while in actual sioners°™id to service ; to Zachariah Reed, the sum of fifty dollars agreeable to a concurred resolu- otll&r tion; to the commissioners' of the late land lottery, three dollars per day each while en- gaged in the duties of their said appointment, exclusive of what they have already recei- red, to JemseyRighly and Nathaniel Clarke, boys who attended the wheels, two dollars per day each; to Peter Fair, door-keeper, three dollars per day; which said sums shall be in full for their several services;, for defraying the expenses of the fune- rals of the honorable Ezra Jones and Walter Drane, the sum of one hundred and fifty dollars; to James Luke, tax collector of Columbia county, twenty-seven dollars eighty seven and an half cents ; to James Foard, jailor of Wilkes county, seventy-eight dol- bars, sixty-two and a half cents; John Derrecot, forty-nine dollars ninety-seven cents; to James O. Cosby, thirty-four dollars; to Zehediah Payne, twelve dollars forty-eight and three quarter cents : to John Lamkin, eighteen dollars twelve and an half cents; to Den- nis L.. Ryan for printing, fifty-four dollars eighty-seven and a half cents: to Sarah Hillhouse, four dollars seventy-five cents; Ambrose Day, six dollars and fifty cents . Everitt andM'Lean, six dollars and fifty cents; Dennis Driscol, six dollars and fifty cents; Alexander M'Millan, four dollars ninety-three and three quarter cents; to Jacob Buckhalter,jin behalf of himself and the heirs of Ann Wilson, for a negro girl named Jenny, fiv^f hundred dollars; to William Barnett, commissioner to ascertain the thirty fifth degree of north latitude between this State and North-Carolina, fifty nine dollars; la Thomas P. Carnes, commissioner as aforesaid,, thirteen dollars, seventy-five cents; to John Herbert, commissioner of Milledgeville, three hundred and twenty-four dollars; to A. M. Devereaux, ditto, three hundred and nine dollars; to Howell Cobb, two hundred and fifty-two dollars; to Henry Carleton, thirty-six dollars; to Davis Gresliam, fifty-one dollars; to Smart and Lane, fifty dollars; to Benjamin Easley, one hundred and fifty-three dollars; to Alexander McMillan, for printing grants for fractional sur- veys, twenty dollars; to Jett Thomas, towards completing the State-House, to be expended under the direction of the commissioners, twenty-five thousand dollars; which State-House, said several sums are hereby appropriated out of any monies which- now are, or may hereafter come into the treasury of this State; to Alexander M'Millan, for print- ing two hundred copies of the bank bill, fifteen dollars; to Benjamin Wall, Captains g 25,000- 374 LAWS OF GEORGIA, (No. 280.) of; the Chatham Artillery company, two hundred dollars ; to provide a fund for the said. company to repair their carriage, and furnish the said company with laboratory apparatus. .BENJAMIN WHITAlvER, Speaker of the House of Representatives,. JOHN FOSTER, President of the Senate, pro. tem, Assented to, December 10, ,180?. JARED IRWIN, Governor (N~- 281") AN ACT* To incorporate the Planter's Bank of the State of Georgia* Betstabibhed ^EC" *" -55 E it enacted by the Senate and House of Representatives of the State of in Savannah, Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, one million of That a bank shall be established at Savannah, the capital stock whereof shall be one dollars. million of dollars, divided into ten thousand shares, of one hundred dollars each, but the Subscript!- directors or a majority of them, may at any time after the establishment of the said pened°atbSav k&nk, increase the said stock to any amount, not exceeding three million of dollars: annahandsun and that subscriptions towards constituting the said bank shall, on the first day of Feb- dry other pla- ruary next, be opened at the city of Savannah, under the superintendancevof Charles Harris, William B. Bulloch and George Scott, commissioners, for two thousand four hundred shares, j at the city of Augusta, under the superintendance of Thomas Cum- ming, John Catlett and Freeman Walker, for eleven hundred shares; at Columbia court-house, under the superintendance of Gary Davis, William Low and Thadeus Bell, for two hundred and fifty shares; at the town of Washington, in Wilkes county, under the superintendance of Felix II. Gilbert, James Corbet and Doctor Gilbert Hay, for one thousand shares; at Athens, under the superintendance of William Malone, Hope Hull and Stephen Thomas, for five hundred shares; at Darien, under the superintendance of James Nephew, Norman M'Donald and William Dunham, commissioners, for eight hundred shares; at Lexington, under the superintendance of Solomon A. Hopkins, Thomas W. Cobb and .Robert Freeman, for four hundred shares; at Petersburg, under the superintendance of Leroy Pope, Thomas Bibb and John Watkins, for six hundred shares; at Greensborough, under the superintendance of George Clingham, Thomas W. Gjrimes and James Cun- — - f * This act repealed and another passed for the same purpose, in 1810, No. 560, which see- PASSED IN THE YEAH 1807, 375 jiinghuTn, for two hundred shares; at Milledgcville, under the superintendanee of Za- (No. 281.) chariah Lamar, ArehibaldtM. Devereaux and Jett Thomas, for five hundred shares ; at the town of Sparta, under the superintendanee of John Lucas, James H. Jones and Oliver Skinner, for five hundred shares ; at St. Mary's, under the superintendanee of Henry Sadler, John Boss and David G. Jones, for live hundred shares ; at Tatnall court house, under the superintendanee of James Perry, Martin Hardin and John P. Blackman, for fifty shares; at Brunswick, under the superintendanee of Leighton "Willson, -S. Barnett and James Hamilton, for two hundred shares ; at Jacksonborough, under the superintendanee of William Blair, George Williamson and Thomas Branan, for one hundred shares; at Louisville, under the superintendanee of David M'Cormick, Walter Hobinson and Doctor John Powell, for two hundred shares; at Wayneshorough, under the superintendanee of Alexander Carter, Samuel Sturges and William Urqnhart, for two hundred shares ; and a majority of the - said commissioners, at the places before tj^are'ci"| mentioned, respectively, shall be sufficient to perform the duties of tlieir/npppintment, which subscriptions shall continue open, until the whole of the said stock shall have to subsreribe been subscribed for ; and that it shall be lawful for any person, being .a citizen of the ^mtTfshaivs United States, corporate or body politic,- to subscribe for sueh or so many shares as he, not exceeding- she or they, shall think fit, not exceeding fifty: Provided always, That if the said Proviso-- capital shall not be filled up in six months after the commissioners herein appointed shall open their books for subscriptions for that purpose, that then, and in that case, any per- son, copartnership or body politic, being a citizen as aforesaid, may subscribe for sueli. or so many shares as he, she or they, may think fit, not exceeding in the whole one hundred shares.. Sec. 2. And be it further enacted, That all those who shall become subscribers to the subscrii i be a corpo- the said bank, their successors and assigns, shall be, and are hereby created and made bodv ° h& rate- Their style a corporation and body politic, by the name and style of " The President, -Directors and Company of the Planter's Bank, of the State of Georgia;" and by that name shall be, and are hereby made able and capable, in law, to have, purchase, receive, pos- sess, enjoy and retain, to them and their successors, lands, rents, tenements, hercdi- taments, goods, chattels and effects of whatever kind or nature, or quality soever, to an amount not exceeding in the whole three millions of dollars, including the amount of the capital stock of the said bank ; and the same to sell, grant, demise, alien or dispose To make of; to sue and be sued, plead and be impleaded* answer and be answered, defend and be bye-laws £*c- defended, in courts of record or any other • place or places whatsoever; • and also to make; have and use a common seal, and the same to break, alter and renew at their pleasure* and also to ordain, establish and put in execution sueh bye-laws, ordinances and regulations, as shall seem necessary and-convenient for the government of the corporate on, not being contrary to the laws or constitution of this State or the United States, for which purpose general meetings of the stockholders shall and may be called by the cls~ rectors, at such time or times as by them shall be deemed necessary, and generally to do LAWS OF GEORGIA, (No. 3S1.) and execute all and singular such acts, matters and things, which to them shall or may appertain. A president ^EC# he it further enacted by the authority aforesaid, That for the well order- and directors £ng of the affairs of the said corporation, there shall be a President and directors ap- to be appoint- ° 1 ed. pointed by the legislature, eight of whom shall reside in the city of Savannah, and three in each ifistriet, who shall be eitisens of the United States, seven years, and of this State three years ; and the president and any four or more of the said directors, shall be competent to proceed with the ordinary business of the said bank, and in case of the death, resignation, removal or refusal, to serve of a director, his place shall be filled up by the stockholders. Subscribers to pay two Sec. 4. And be it further enacted by the authority aforesaid, That the subscribers to the ^amount fbe sa^ stock, shall at the time of subscribing for the same, pay into the hands of the svib^cribedfor commissioners who shall receive such subscriptions, two per eentum of the amount of criptionbooks the shares subscribed for, and after the expiration of six months from the passing of the commissi- this act, the commissioners shall and are hereby required, to return the subscription annah with all books, with all papers appertaining thereto, within thirty days after the expiration of the money re- the said six months to the commissioners in Savannah, together with the amount of cash Directors by them received ; and the said commissioners, in Savannah, shall thereupon call on the notice in "sav- directors herein before named, by a public notice, for that purpose, to assemble in Sa« annah to re- yannah, for the purpose of receiving the books of subscriptions, papers and cash in the books and mo hands of, or received by the said commissioners, and the subscribers to the stock of the ^Subscribers said hank shall, upon thirty days notice given by the said directors, pay into their hands to pay upon other twenty-eight per centum of the amount subscribed: and upon the like notice of the 30 days not- . ice 20 per directors of other sixty days, the stockholders shall pay a further sum of twenty per theirsubscrip centum of the amount subscribed; and that as soon as the sum of three hundred tion, and 20 thousand dollars in gold and silver, shall have been actually received on account of the per cent.more . upon 60 dajs subscriptions to the said stock, notice thereof shall be given by the said directors, or n°AVhen 300, such number of them as are herein before declared to be competent to proceed with the receh*edtogo business of the said bank, ,and they shall at or after the expiration of the said notice, on to business proceed to organize and commence business at and for the said bank. directorsntto Sec. ^be President and directors who shall be appointed by the legislature a3 continue m aforesaid, shall continue in office for the space of one year, but the President shall at office lor one 1 J > year. all times he eligible to be re-elected ; the directors shall go out in rotation in ttie follow- dent^elig-ibk; iug order: one fourth of the said directors shall go out by ballot at the expiration of the on* tmt^the *erm every year, and which said vacancies shall he filled up by a majority of the directors to stockholders, in the following manner:—For one share, one vote; for two shares, twe Apportion votes 5 for every two shares above twro, and not exceeding eight, one voto ; for e>ery ment of votes four shares above eight, and not exceeding twenty, one vote; for every eight shares to the num- ber of shares PASSED IN THE YEAH 180?. 7 above twenty, and not exceeding sixty, one vote; for every twelve shares above sixty, (No. 23 A.) and not exceeding one hundred, one vote. Provided nevertheless, That the said diree- Proviso, tors so to be chosen, shall reside in the same district, that those did whose places are so to be filled up. A dlrecto? to have ten Sec. 6. No person shall be elegifole to be a director, except stockholders, of at least shares, ten shares in the bank in his own right. Sec. 7. The president, or anyone of the said directors, shall at no time, directly or President & indirectly, draw out of the said public stock or bank, a sum that shall exceed five thou- f^as*to sand dollars; nor shall the president or any one of the directors of the said bank, or sumihey shan draw cut of any branch thereof, draw out of the said bank, any money, but upon the same terms bank. and conditions as other persons j and in case any of the directors or the president, draw- ing out a greater sum at one time, his stoek in the bank shall be forfeited, and the seat of such person shall be vacated, neither shall any stockholder be elegible to be adirec- Forfeiture, tor, who shall be in arrears over and above the sum of five thousand dollars to the said bank. Sec. 8. And he it further enacted;, hy the authority aforesaid, That a branch of the ^ ^ , f aforesaid bank shall be extended to the city of Augusta, under the superintendance of said bank to eight directors, one of whom shall be president, to be appointed by the legislature, at Augusta to whose seats shall be vacated and filled up at the same times and in the same manner, as J® regulated * like the mo- the president and directors of the bank in Savannah; and the said branch at Augusta, therbank. • shall go into operation at the same period with the bank in Savannah. Sec. 9. And he it further enacted hy the authority aforesaid, That the said branch The branch shall at all times be amenable to the bye-laws, rules and regulations, that may be adopted by the corporation of the Planters' Bank of the State of Georgia. thor bunk. Sec. 10. And he it further enacted, That the aforesaid directors shall have full power orJtIJ)e ^tend •to extend a branch or branches of the said bank to any part of this State, which in their another * * branch to any judgment they may think needful and necessary, other part of Sec. 11. The State may at any time within five years, subscribe for any number of ^ - shares, not exceeding one thousand, may subscribe for a 1000 shares. Sec. 12. The President shall be elected by the directors out of their own body, after J •" The presi- the first President appointed by the legislature shall go out of office,' and shall have dent and oth* such compensation for his services, as may be decided by the directors ; the cashier and elected by other officers appointed by the directors, shall he compensated hy the directors; they ^ ma^be Z % compensated. 378 LAWS OF GEORGIA* (No. 281.) shall give bond and security as shall be pointed out by the directors, and shall take aa oath, to be entered on the minutes or proceedings of said directors. Sec. 13. The directors shall, from time to time, have power and authority to make such rules and regulations, as shall be found needful to carry into effect the design, gulution* for intent and meaning, of this institution: Provided, That such rules and regulations do in law into effict no waJ militate with the constitution and laws of the State, or with the rules and regu.» The direct- ors to make rules and re- Proviso. lations herein pointed out. Ufo director of another Sec. 3-K No- person shall be eligible to be a director, who is a director in any other partner'hi bu- bank; neither shall any person-lie eligible who shall be a partner in any house, co-part- nership or firm, to or with any such person, or who, is in arrears to any other bank or siness shall be a director in this. stockholder therein This act to ®EC* And be it farther enacted, That this act, and incorporation therein mention;- force 3Oscars ct^3 s*ia^ continue and be in force thirty years, and from thence to the end of the next session of the General Assembly thereafter, and no longer- BENJAMIN WHITAKEI?, Speaker of the House'of Representative DAVID BATES, President of the Senate, pro- tem- Assented to, December b, 1S07-. JAREB IRWIN, GovEiiNoa. (No. 2S2.) jgf ACT To take of a part of the county of Greene, and add the same to the county of Clark, ®EC* J5 E it enacted by the Senate and House of Jtepresentatives of the State of Geor~ PartofGreene *n ^enera^ Assembly met, and by the authority of the same* it is hereby enacted, That added to all that part of Greene county, contained within the following boundary, be and is hereby iAe defined!6 added to the county of Clark—That u to say, beginning oa the west side, and on tlic bank of the Oconee river, where the dividing line terminates on the said bank, betwc' i the aforesaid counties of Greene and Clark f thence down the said Oeonee rmr h e mouth of Rose ereek; and from thence in a right and direct line to the corner or r . ehee river, which at that place divides the aforesaid counties of Greene and C PASSED m THE YEAR ISO?. 370 Sec. 2. And be it enacted, That the county surveyor for the county of Greene be, (No. 282.) atld he is hereby directed to lay out the said line, and report the same, within the term 0 ^eene of three months from and after the passing ,of this act, to the inferior courts of the to lay off the aforesaid counties of Greene and Clark, and that the said county court of the county of county of Clark be authorized and required to make compensation, for the said surveyor's services, him forit.pay out of the said county funds. Sec. 3. And be it further enacted by the authority aforesaid, That from and after Declare/i to the aforesaid term of three months, as before mentioned, that all and every of that part be a part cf of the county of Greene as aforesaid, shall be, and the same is hereby declared to be a part of the county of Clark, and subject to the same rules and regulations of the aforesaid county of Clark, any law to the contrary notwithstanding. BENJAMIN WHITAKER, Speaker of the House of Representatives? "DAVID BATES, President of the Senate, pro* tern, Assented to, December 10, 1807. JARED IRWIN, Governor. AN ACT (No, 283.) To alter the name of Kitty Ann Edwards Caldwell, to that of Kitty Ann Edwards Willis. ^Viiereas satisfactory reasons have been offered to authorize the alteration « .. Preamble. aioresaid. BE it enacted by the Senate and House of Representatives of the State of Georgia, Kitty Ana in General Assembly met, aud it is hereby enacted by the authority of the same, That the ^ei^name^ said Kitty Ann Edwards Caldwell shall, from and after the passing of this act, be known ^lte^tUo^Kit and called by the name and style of Kitty Ann Edwards Willis. wards Willis, BENJAMIN WHITAKER, Speaker of the House of Representatives* ItOBERT WALTON, President of the Senate* Assented to, November 24, 1807. JARED IRWIN, Governor. liAWS OF" OEGECIA, (No* 254.) AN ACT To sell and dispose of the printed copies of Marburtfs and Crawford's digest of the laws of Georgia. "W HERE AS it appears that there are yet remaining a number of the said prm- Preamble.. digests of laws in the different Clerk's offices unsold, and are liable to great dama- ges from the manner in which they are kept-—for remedy whereof, fT?ne d'ffer3 ®ECa -®E it enacted by the Senate and House of Representatives of the ent counties State of Georgia in General Assembly met, and by the authority of the same, That the* for sale,1 giv- clerks of the different counties throughout the State, who have in possession those notice°Craw* Pr*nte(* copies of said digest aforesaid, shall after the first day of March next expose ford and Mai - the same for sale, by first giving public notice thereof in three or more of the remabi?n|ehin most public places of their counties, at least thirty days previous t© the sale of the o^upon^aT^ same 5 an(l the said clerks when advertising, the same, shall give twelve months ere- months ere- dit to all purchasers, on their giving bond and approved security, payable to his Excellency the. Governor of this State, and to his successors^ in office, which bond shall remain in the clerk's office for collection; and the said clerks, whenever the monies arising from the sales thereof become due, shall give at least twenty days do nof sell the notice in three or more of the most public places as aforesaid, for all purchasers thTn four dol- *° Pay the same, and on failure thereof, it shall be the duty of the said clerks, lars. to bring suits against the said purchasers so in default, before any court having cognizance .1 hereof; Provided, That they do not sell for less than four dollars each, rhe money Sec. 2. And be it further enacted, That the said' clerks shall, within six months to the treas^ a^er he or they shall collect the amount so sold, transmit the same to the treasui er TY' of this State; and the said clerks shall have for their services, five per ceo* on the Proviso. amount so sold by them and collected, Provided, That nothing herein contained shall ticseshaii°re- prevent the officers that now are, or may be elected or appointed in the counties tying as otbci^SCSt between Oconee and Ockmulgec rivers, from receiving the aforesaid laws, as counties. digested by Crawford and Marbury, as other officers heretofore. . Sec. 3. And be it further enacted. That any law or resolution contrary to this act, Repealing be and the same is hereby repealed, clause. BENJAMIN Will TAKER, Speaker of the House of Representative?, DAYID BATES, President of the Scnate9 pro. tenu Assented to, December 7, 1807,- JAHED IRWIN, Governor*. PASSED IN THE YEAR 1807.- AN ACT (No. iioS.) To authorize Charles Goodwin, Richard Ganlt, and Edmund Enron, Esquires, to plead and practice in the several courts of law and equity, within this State. U E it enacted by the Senate and House of Representatives of the State of Geor- gia in General Assembly met, and by the authority of the same, That from and imme- diately after the passing of this act, the said Charles Goodwin, Richard Gantt, and to pracnce Edmund Bacon of the State of South-Carolina, be and they are hereby permitted and state, living allowed to practice in the several courts of law and equity within this State, as at tor- " C nies, solicitors and proctors, any law, usage or custom, to the contrary in any wise notwithstanding. BENJAMIN WHITA1CER, Speaker of the House of Representatives** DAVID BATES, President of the Senate♦ pro. tern• Assented to, December 19, 1807. JARED IRWIN, Govbunou, AN ACT* (X0. 2S6.} Won the more effectually securing the probate of wills, limiting the time for exeew tors to qualify and widows to make their election. HEREAS there is no law in this State, which sufficiently enforces witnesses to wills to prove the same, whereby the wise and benevolent intentions of testators are Preamble, often defeated, and heirs and legatees deprived of their just rights—for remedy whereof, Sec. i. BE it enacted by the Senate and House of Mepresentatives of the StaU if Georgia, in General Assembly met, That it shall be the duty of all and every witness to ^Tis bouml to any will or wills, to be and appear at the court of ordinary, on the regular day upon pain of for the probate of the said will, ready to testify of and concerning , the1 validity of the attend^the 0 court of ordi- nary for the same; and the courts of ordinary in this State shall have, and they are hereby vested with the same powers and authority that are vested in the superior and inferior courts, purpose of . . proving the for the production and punishment of any witness or witnesses, that may be needful to carry into effect the business ©f the said courts of ordinary. same. See act of 1810, No. 559, for amendments and alterations of this acb 85$ XAWS OF GEORGIA; (No, 386.) And whereas it often happens that persona left as executors to wills refuse to qualify, to the delay of the just claims of creditors, and to the injury of the cs- tate of such testator*—for remedy whereof, forfStCC their Sec. 2, Be it enacted, That it skali be the duty of all and every such person as rights as such left as executor, to be and appear at the court of ordinary .at .the first regular court qualify"12 f°r the probate of the same; and in case any such person left as executor, should th^decei^e of no^ ^^hfy within one year after the death of the testator, then and in that case there the testator, rights to qualify shall be considered to be abated and destroyed, and the said court are hereby prohibited from admitting them, to the same. Executors Sec. 3. And he it further enacted, That all and every person heretofore left asexe- required6 or executors to wills, but who have not yet qualified, are hereby directed to he ^ear^or forfeit an^ aPi)ear a^ the court of ordinary of their respective counties within one year after their right. the passage of this act, with the will annexed, to qualify to the same, and every such person so failing to attend, shall be considered to have .abandoned all right, title and claim, as executor, in and by the said will. ma^e^dieir e- "'Sec. And he it further enacted. That it shall be.the duty of all widows, within lection out of ©ne year after the death of their husbands, to make their election or portion out of the estate of * their hus- the estate of the deceased $ and any such widow so failing to make her election, shall months1 or1 be he. considered as having taken her dower or. thirds, and shall forever after be debarred considered^ fr0Bl taking any other part or portion of the said estate, their dower.' ^BENJAMIN WHITAKER, Speaker of the House of Representatives DAVID BATES, President of the Senate, proMm. Assented to, December 10, 180?. JARED IRWIN, Governor. AN ACT* (No. 287.) To keep open the main channel of the Tugalo river, from its junction with the Keowee river, to the mouth of Panther creek. Preamble. HERE AS the inhabitants adjacent to Tugalo river, have voluntarily under* taken to improve the navigation" of said river, from its junction with Keowee ri- • This act amended by act of 181Q, No. 505. PASSED IN THE YEAR 1807. ver to the mouth of Panther creek, and for their support in keeping open that part of (No* 287.) the river in future, Sec. 1, BE it enacted by the Senate and House of Representatives of the State of commission. Georgia, in General Assembly met, That Joel Yowell, John D. Terrell, Robert Wal- ton, Robert Walters and Nathaniel Payne, be, and they are hereby appointed eommis- remove ob- doners, whose duty it shall be to view the said river, at least once in every year, to Tugaio river, see that there is no obstruction ^placed in the main channel or sluice thereof, Avhich chan- nel or sluice shall remain open and clear of any obstructions, at least thirty feet in width, for the passage of boats. them, shall have full power to determine on sueli channel or sluice, in any part of said river, that they may in their judgment deem most convenient, to answer the purposes To Sec. 2. And be it further enacled, That the said commissioners, or a majority of mine upon the sluice or main' channelof said river for the ii.-L.ii' * purposes-of mtenued by this act* navigation. TenAlollara Sec. 3. And be it further enacled, That any person placing any obstruction iff the penalty for e- channel or sluice as aforesaid^ so as to prevent the free- passage of boats, shall for eve- any obstruct tion remains in the main ry such offence, forfeit and pay the sum of ten dollars for every forty eight hours the same shall remain, to be recovered before any court having competent jurisdiction channel of . . , #»• . . said river pla- thereof, on the information of two or more of the commissioners aforesaid^ cedtheirbya ny person. Sec. 4. And be it farther enacted, That the monies so collected, shall be by the The fine col- Icctcdto go to commissioners aforesaid deposited in the hands of the inferior court of Franklin county, improve said to be by them applied to the special purpose of keeping open the said river as aforesaid; river. Sec. 5. And be it further enasted', That whenever there shall be found'any obstruc- s^nerTS'cSi tionsin the channel or sluice aforesaid, the commissioners aforesaid or a majority of "Ponthe in- ferior court, them, are hereby fully authorized to call on the justices of the inferior eourt as afore- for any money said, so soon as any monies shall he collected under and by virtue of this act, for such v^tiufol"this sums of money as, in their judgment, will be necessary to remove sueli obstructions, the r^v0 which obstructions the said commissioners, or a majority of them, are fully autho- val of obstruc rized to employ any person to remove : Provided, there shall be a sufficient sum of mo- iiey collected as aforesaid, and deposited in the hands of the justices aforesaid j Provided also, That this act shall not be so eanstrned as to authorize the commissioners afore- Proviso, said to demand of the inferior eourt, any part of their county funds, except the monies arising under and by virtue of this act. BENJAMIN WIIITAKER, Speaker of the House of Representatives* DAVID BATES, President of the Senate9 pro. tern* Assented to, December 5, 1807. tions in said river. Proviso. JAUED IRWIN, Govjebwoe. 584 LAWS OF GEORGIA; (No. £58.) AN ACT To alter and amend the road laws, so far as respects the counties of Gkatham and! EJfinghamc Sec. 1. it enacted hy the Senate and House of Representatives of the State of roads SCne3 ®eor8*a *u ®eneral »dsscmbly met, and it is hereby enacted by the authority of the same, fleeting* to That all overseers of roads now appointed or hereafter to be appointed in the county of liable to afine Effingham, who shall refuse or neglect to do their duty as required by the laws of IhJU ol 30 dollars, state, they and each of them shall, for every such offence, forfeit and pay a fine not exceeding the sum of thirty dollars. Tine of ne- Sec. 2. Jlitd be it further enacted, That: the fine for negroes not working on the roads t^work^oiT hi the aforesaid counties of Chatham and Effingham, shall after the passing of this larsdper2 day" act> ®»r each negro liable to work on said roads, the sum of two dollars, for each for each day and every day that any negro subject to work on the roads shall neglect or fail so to do. they fail to work. Hepeaiin Sec. And be it further enacted, That all acts or parts of .acts, that militate with clause. , this act shall be, and the same is hereby repealed. BENJAMIN WHITAKER, Speaker of the House of Representatives, DAVID BATES, President of the Senate, pro. tern Assented to, December 10, 1807. J ABED IRWIN, Governor (No. 2S9.) AN AUT* freamble. To authorise a lottery, for the purpose of raising the sum of six thousand dollars, to be appropinated for the purpose of more effectually securing the town of St. Marys from the overflowing of the river. HERE AS sundry inhabitants and residents of the town of St. Marys, and county of Camden, have petitioned this legislature, praying the authorizing a lottery for the purpose of enabling the inhabitants of said town to defend it against the inundation of the river St. Marys. * -See act of 1810, No. 499, authorizing the commissioners of this lottery to dispose of the fund.. PASSED IN THE YEAR '1807. 380 Sec. 1. BE it therefore enacted by the Senate and House of Representatives of the State (No. 289.) of Georgia, in General Jlssembly met, and by the authority of the same, it is hereby en" oners^numed acted, That Henry Sadler, John Ross, and Thomas King, merchants of St. Marys^ £!ry ^ in* *8t~ he, and they are hereby appointed commissioners of a lottery, to be ealled the St. Mary's* Mary's lottery, Provided the said commissioners give bond and security to the governor, in the sum of six thousand dollars, for the faithful discharge of their duty, which shall he approved of by the justices of the inferior court of the county of Camden. Sec. 2. Jlnd be it further enacted by the authority aforesaid, That from and immedi- ately after the passage of this aot, the said commissioners shall have, and they are here- 6000 dollars by vested with full power and authority to create and devise a scheme of a lottery to be called the St. Mary's lottery; bv which said scheme thrv are hereby authorized and ^a,Ilst }he ®: J J 1 * v ^ verflowing of at liberty, to raise the sum of six thousand dollars, which said sum when so raised and the river. made, shall be appropriated and paid for the erecting and making a dyke or dam, the more effectually to secure the said town of St. Mary's against the overflowing of the river. Sec. s. Jlmlbeitfurther enacted by the authority aforesaid, That the said commis- sioners shall be, and they are hereby vested with full power and authority to let and fo7"°erecting contract for the throwing up or erecting said dam. or dyke, at such time and in such or manner as they may deem most expedient. BENJAMIN WHITAKER, Speaker of the House of Representatives. HAY ID BATES, President of the Senate, pro. tern.. Assented to, December 10, 1807. JARED IRWIN, Governor. AN ACT (No. 290.). For the relief of John Cormkke Wi HEEEAS by the memorial of John Cormick exhibited to this legislature, and !>y the documents and vouchers accompanying the same, it doth manifestly appear, that' in the year ©Tour Lord one thousand seven hundred and ninety eight, before the adop- A & laws ov georlia, (No. 290.) lion of (lie present constitution of tliis State, lie the said John Cormiek, was compelled to dee from Ireland, his native country, in consequence of an unsuccessful struggle for liberty and independence, and sought and obtained refuge and an asylum in the United States; leaving behind him a wife and a considerable estate, which estate was forfeited to that government upon acts of attainder and outlawry, duly issued and awar- ded against liim, which are now in full force. And whereas tlie said John Corinick is now a citizen of the United States, and hath during his residence therein, acquired an estate sufficient to maintain and support his family, whom he hath repeatedly invited and solicited to join him in this country, it being utterly out of his power to return in safety to Ireland :—And whereas Eliza Cormiek, (the w ife of the said John Cormiek) not regard- ingthe said solicitations and requests of her said husband, to join him in this country, hath repeatedly refused so to do, and at length, by a solemn act under her hand and seal, duly authenticated, hath declared she never will join him again, and therein ail- tliorized certain persons to seek for, and obtain from the constituted authorities of this State, an act of total separation, whereby it becomes a case of peculiar and extraordi- nary hardship, and one not provided for in the constitution and law s of this State; for remedy whereof, John Cormiek BE it enacted by the Senate and House of Representatives of the State of Georgia, in vorced?^ dl' &enerai Assembly met and by the authority of the same, That from and immediately after the passing of this act, the person and property of tlie said John Corinick, shall be free and exempt from the claims of the said Eliza Cormiek, in as full complete and ample a manner, as if they had never been married, and that the said John Cormiek be, and he is hereby declared fully authorized to do and perform all such acts and things as he might lawfully do, had he never entered into a matrimonial contract with the said Eliza, any law, usage or custom, to tlie contrary notwithstanding. BENJAMIN WIIITAKER, Speaker of the House of Representatives. ROBERT WALTON, Tresident of the Senate. Assented to, November 27, 1807. JARED IRWIN, Governor. PASSED IN T1IE TEAR 1807. AN ACT (No. 291.) To change the name of the Oglethorpe Academy, and to incorporate the commission's thereof, by the name and style of the Trustees of Meson Academy. II ERE AS John Lumkin, "William Harris Crawford, Benjamin Baldwin, George Phillips and James Luckie, commissioners of the academy of Oglethorpe county, haven by petition to the legislature, stated that the late Francis Meson, deceased, did, by his preamble. last will and testament, devise and bequeath to them a considerable real and personal estate, in trust, for the said academy, and whereas this legislature, deeply impressed with the belief that the welfare and independence of republican States materially depend upon the general diffusion of useful knowledge, feel themselves imperiously called upon to patronize and encourage literary institutions, where it ean be done without injury to the public interest ; and whereas the said commissioners have prayed that a law may be passed to change the name of Oglethorpg academy, to that of Meson academy, and to incorporate the said commissioners by the name and style of « the trustees of Me- son Academyand authorizing them to accept of the said donation, and all others which m ty be hereafter given; and this legislature viewing such donations as highly beneficial to the public, and honorable to the donor: and being willing to encourage others to emulate (he example set by the said Francis Meson, deceased, have deter- mined to grant the prayer of the petitioners—for which purpose, Sec. 1. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same it is hereby 0f<^iethorpe enacted, That immediately from and after the passing of this act, the academy of Ogle- Academy 0 ' 7 ' * 0 changed to thorpe county, shall be known and called by the name of Meson academy; and that MesonAcade- John Lumkin, William Harris Crawford, Benjamin Baldwin; George Phillips, James mU'sioners°na- Luckie, Obadiah Jones and Thomas W. Cobb, and their successors in office, be, and ™erp01.^^m" they are hereby declared to be a body politic au^ corporate, by the name and style of i( the trustees cf Meson academy," and as such body politie shall be capable of sning and being sued,'and shall be capable ©f doing all other acts which may be necessary, for the complete execution of the trust confided to them: and for that purpose may have and use a comon seal, appoint such officers as may in their opinion be necessary, and remove the same for any malfeasenee or neglect of duty.. Sec. 2. And'beilfarther enacted, That the said trustees shall be capable of accept- ing the bequest of the late Francis Meson, deceased, and all bequests, gifts and dona- to tions which have been, or may be hereafter bestowed upon them, and shall hold the bequest of .... . FrancisMeson same according to the trusts and conditions contained m such donation or bequest. /md ail other bequests that irtay be given them. LAWS OF GEQRGIAf Sec. 3. And be it further enacted, That all vacancies which may happen in the board of trustees, shall be filled by the General Assembly of this State, and it shall be the duty of the said board, yearly and every year, to lay a correct account of their receipts and expenditures of the proceeding year, before the grand jury of Oglethorpe county -.—-Provided nevertheless, that nothing herein contained shall be construed to im- pair the powers of the board of trustees of the University of Georgia, or of the Senatus Aeademicus, or of the board of visitors granted them by the sevesal acts, regulating the University of Georgia. BENJAMIN WKITAKER, Speaker of the House of Representatives, ROBERT WALTON, President of the Senate, Assented to, November 27, 1807. JARED IRWIN, Governor. AN ACT (No. 292.) To limit the jurisdiction of the Mayor's court in, the city of Savannah, and for altering the times of holding the same, HEREAS an act passed on the 8th day of December, 1806, entitled, « An Act to limit the jurisdiction of the mayor's court in the city of Savannah, and to Preamble. ajter ^ie tjmes of holding the same," has been found to operate injuriously lo a majority of the inhabitants of the said city of Savannah—for remedy whereof, Sec. 1. BE it enacted by the Senate and House of Representatives (f the State of ©f¥avannahto Georgia, in General Assembly met, and it is enacted by the authority of the same, That zance of cases *rom an(l after the first day of January next, the said court shall take cognizance of of 100 dollars any cause in which the plaintiff's demand shall exceed thirty dollars, and shall not or un e. exceed the sum of one hundred dollars. Sec. 2. And be it enacted, That from and after the said first day of January next, be held month sa^ court shall he held monthly, on the first Tuesday in each and every month.* ly on the first Tuesday. —— (No. 291.) Vacancies of trustees to be filled by the legislature & the Universi- ty to have a superintend, itig power. * See act of 1808, No. 324, altering the session of the eonrt to the third Tuesday in each month- PASSED IK THE YEAll 1807. Se«. 3. And be it further enacted, That all acts heretofore passed, so far as the (No. 292.} Rq clause-. same shall militate with this act, he and the same are hereby repealed • Repeals BENJAMIN WHITAKER, Speaker of the House of Representatives. ROBERT WALTON, President of the Senate. Assented to, November 24, 1807, JAEED IRWIN, Governor, AN ACT (No. 293.) To quiet the claim of William Wallace and Ann his wife, to the estate real and-per- sonal of John Moxam, deceased. HEREAS it hath been represented to this legislature, that John Moxam late of the city of Savannah, carpenter, deceased, unfortunately lost his life in the storm preamble, which took place on the eighth day of September, eighteen hundred and four, by being drowned opposite to the said city, of course deprived of the opportunity of bequeathing Ms property in the way he could wish; And whereas, it hath been represented to this legislature that Ann, the wife of William Wallace, of the county of Chatham, was the person on whom the aforesaid John Moxam intended to bestow his estate, both real and personal, being his daughter, unfortunately born out of wedlock, though the exclusive object of his affection, and acknowledged by him in his life time to be his only child. BE it therefore enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met9 and it is hereby enacted by the authority of the same, That all the estate both real and personal, belonging to the aforesaid John Moxam, be, and the same is hereby vested in William Wallace and Ann his wife, their heirs and assigns forever, subjeet nevertheless, to the payment of the just debts of the said John Moxam: And provided, that the same has not yet been disposed of, and applied to the benefit of the State, under the escheat law now in force. BENJAMIN WHITAKER, Speaker of the House of Representatives. ROBERT WALTON, President of the Senate. Assented to, November 24, 1S07. JARED IRWIN, Govekboe. Vesting'the property of John Moxam in Ann Wal- lace. 390 JAWS OF GEORGIA, (No. 894.) AN ACT To authorize the justices of the inferior court of the county of Greene, to lery an ex- tra tax for the purpose of erecting a public jail in said county. 53 E it enacted by the Senate and House of Representatives in General Assembly met, lowed1 the the justices of the inferior court, for the county of Greene, are hereby authori- county of zed and required, to impose a proportionate extra tax, on the respective inhabitants of county purpo- said county annually; for the term of two years in succession, not exceeding the one ses" half of the annual general State tax, of each inhabitant, which said tax shall be col- lected in the same manner, and under the same restrictions, as are laid down for the collection of the general tax of this State ; and the monies arising from the extra tax as aforesaid, shall be appropriated for the special purpose of paying for the building a. public jail in said county. BENJxlMIN WII1TAKER, Speaker of the House of Representatives- DAVID BATES, President of\he Senate, pro. tem. Assented to, December 10, ISO?.. JARED IRWIN, Governor. (No. 295,)- AN ACT To authorize the commissioners of Alilledgeville, to lay out lots, not exceeding twenty acres each, in that part of the town tract of land (not specially applied to other purposes J to be leased out, also to sell more of the town lots already laid out, and for granting certain lots for an academy, and churches or meeting-houses. Sec. 1. enaGied iy fjie Senate and House of Representatives of the State of 20 acre lots Georgia in General Assembly met, and it is liei*eby enacted, by the authority of the same, - be lai from the to be laid off That ^ shall and may be law ful for the commissioners of Milledgeville, to lay out of .ne town * common of Milltdgeville and to be lea- sed. the town tract of land (not specially applied to other purposes) three hundred acres which shall be laid out into lots,, not exceeding twenty acres each, which said lots shall be leased out by said commissioners, for a term not exceeding seven years, which they may think most productive to the interest of the State. The commis Sec. 2. And be it further enacted by the authority aforesaid, That the said coranais- town to sell sioners shall have power and authority at any time after the passing of this act, to sell not exceeding PASSED IN TIIE YEAR 1807. syi said academy appointed and dispose of any number of tbe town lots already laid «out, not exceeding forty on (No. 295.) the same terms, and under the same restrictions as the lots liaye hitherto been sold,* 4 J lotsaiready laiuon intown under the Sec. 3. And be it further enacted, That it shall be the duty of the commissioners to tion's another cause to be laid out, in the square already set apart for public uses, one acre of land, luts weresol(I. for the purpose of erecting a school-house or academy; and the said commissioners are t<* lay off hereby authorized and required to make a deed of conveyance to the trustees herein after the wustees0 named, and their successors in office, for the use and benefit of said school or academy. "ne acre J,ot far an Acade- my. Sec. 4. And be it farther enacted, That Thompson Bird, Zacliariah Lamar, Eli- jah Clark, John W. Devereaux and Augustin Harris, be and they arc hereby appointed and declared to be trustees of the aforesaid school-house or academy, and capable of Trustees of forming such bye-laws and regulations, as in their judgment will tend to the promo- tion and advancement of the said institution, not repugnant to the existing laws and eon- stitution of this State ; in case of the death, resignation or removal of any or either of the said trustees in the recess of the Legislature, the governor shall fill the vacaney, subject to he approved or disapproved by the next General Assembly. And whereas, the promotion of religion and morality, at the seat of government is an object of primary importance. Sec. 5. Be it therfore enacted, That the commissioners are hereby authorized and required, on the application of any denomination of christians, to cause to be laid out, in the said town, to each denomination, one acre of land, not heretofore disposed of, which shall be and forever remain lots for the purpose of building churches or meeting-houses. ous building. BENJAMIN WIIITAKER, Speaker of the House of Representatives. DAVID BATES, President of the Senate, pro* tem. Assented to, December 10, 1807. JARED IRWIN, Governor, To lay off lots for religi- * See act of 1810, No. 533, authorizing'* the sale of more lots, and the terms. 39s J.AWS OF GEOKGIA, (No. 296.) -VN ACT* To impose a tax for the support of government, for the year eighteen hundred and eight*. Cgri 4 * ^ ^ E it enacted by the Senate and House of Representatives of the State of Geor- gia in General Assembly met, and by the authority of the same, That the act to raise The ret cf a for the support of government, for the year one thousand eight hundred and five, 18U4 declared with the amendments herein after expressed, be, and the same is hereby declared to be in force until the meeting of the next General Assembly, and from thence till the same is repealed. Sec. 2. And be it further enacted, That it shall be the duty of the receivers of tax Receivers to make out t b^whhth6 to make out three digests, and to deposit one with the comptroller-general as comptroller, heretofore, and the other two with the clerk of the inferior court; and it shall he the and the others with t lie clerk of the inferi- deliver one of said digests, to enable him to collect the tax therein contained, or court. duty of the clerk, on application of the tax collector (he first receipting for the same) to Sec. 3f. And be it further enacted, That all the property of the tax collector, and his securities, of which they, or either of them were possessed at the time of entering Collector & his securities' property hound. into bond, shall be bound from the time of signing the same, for the amount Mhick may be due the State. Bank stock Sec. 4. And be it further enacted, That there shall be annually levied, collected, and centsperhum treasury of this state, agreeably to the manner pointed out, in and by an dred dollars acq of the General Assembly, "entitled an act, to amend and continue in force an act, to amount ox ca- # pital. raise a tax for the support of government for the year one thousand eight hundred and six, and until the end of the next General Assembly, and from thence until the same shall be repealed," passed on the fourth day of December, eighteen hundred and five, a- Except tlie tax of thirty-one and one quarter cents, on every hundred dollars, on the amount of the wink" S capital of any bank, or office of discount and deposit, except the Planter's Bank of the State of Georgia, to be returned in manner pointed out in and by said act, which shall be collected annually, until the same shall be repealed by law. stallions tax Sec. 5. And be it further enacted, That there shall be annually levied and collected ed the season np05[l an stallions or covering horses, let to mares for hire, a tax equal to the season, or •i one mare. . a , *- price of one mare let to such stallion or covering horse. Sec. 6. And be it further enacted, That in all cases where any stallion or eover- may^evysald ing horse shall be sent into this State, to be let to mares, by citizens or persons tax any time ... ———————————— ' after the seas- * g^ supplemental act to the several tax laws, No. 340. on commences. ^ sftcti<)n ,jtered amended by act ef 1810, No. 501. PASSED IN THE YEAR 1S07. 333 resident without the limits of this State, it shall and may be lawful for, and it is hereby (No. 296.) declared to be the duty of the tax collector of the county where such stallion or covering horse shall be let to mares, to levy and collect the said tax, at anytime after the com- mcncement of the season, and before the close of the same. Persons bvini>' Sec. 7. And be it further enacted, That it shall be the duty of all persons who shall ing- stallion* bring any stallion or covering horse into this State, after the first day of January next? after the firs! to make a return of such horse to the clerk of the inferior court, or receiver of tax bouncl to grve tlieiu returns; and on failure thereof, such person shall be subject to the same penalty as in notwith- other defaulters. L^i^dt'fauU. Free mitltf Sec. 8. And be it further enacted, That the sum of four dollars shall be levied on all negroes taxed free male negroes, mulattoes or mustizoes, of the age of twenty one years, and undey thos-^convl!^ the age of sixty, over and above the taxable property they may he possessed of, and one to reside after hundred dollars on all free persons of the above description, who may come into this ioo.aC ° P ^ State after the first day of March next for the purpose of settlement: Provided always, ploviso That if such free person shall leave the State in ten days, such tax shall then be remitted. Sec. 9. And be it further enacted, Tliat the tax on all high, river swamp, and low v j grounds, on the south side, and adjoining thereto of the Oconee river, and on the north ^n^-e 0coliee side and adjoining thereto of the river Ocmulgee, the same assessment as, by the above recited law is levied on lands of the same quality, on the north side of the Oconee. vJi^'u.xedac- and on all other oak and hickory land, and pine land lying between and in the fork of said rivers Oconee and Ocmulgee, the same assessment as in the other eounties of er lands in .. ; c,, . this state. this State* Sec. 10. And be it further enacted, That it shall not be necessary for the tax col- c^thamto^ lector of Chatham county, to go into each district of said county, to collect taxes, but receive the that the said collector shall- receive the taxes of that county in Savannah only. aimah OJ1iy. Sec. il. And be it further enacted, That so milch ©f the above recited tax act, as relates to defaulters failing to make their returns being presented by the grand jury, be, Repeallnp- and the same is- hereby repealed^ - clause. BENJAMIN \VIIITAKEE, Speaker of the House of Peprcsmtatroes. DAVID BATES, President of the Senate, pro. Unu- Assented to, December 10, 1807. J ABED IRWI^N, Governor, B 3 soi • LAWS OF GEORGIA, (No. 237.) an ACT' For regulating and keeping in repair, the public roads, causeways and bridges in the coiinlics of Burke, Jefferson, Richmond, Greene and Morgan*# Preamble. IIEREAS tlie existing laws relative to tbe regulation and repair of public roads, causeways and bridges, in and for the counties of Burke, Jefferson, Richmond, Greene and Morgan, are from experience found to be ineffectual. Tustices of ^EC* ^ tfierefore enacted by the Senate and Hause of Representatives of the inferior fjie State of Georgia tn General JLssembly met, and it is hereby enacted by the authority i f said conn* of the same, That the justices of the Inferior courts in and for the counties of Burke, sHme^dFinto Jefferson, Richmond, Greene and Morgan, at their first session or term held after the districts,^ ap- passing of this act, shall proceed to define and point out as many and such distriets, hands for wor as to them shall seem meet and proper, having due regard to proportioning the said roaSs,bridges districts or divisions, so to divide the labour and expense of the roads, bridges and nff new road?" causeway®» equally among the citizens of the respective districts or divisions through- &c. out their said counties; and on application to the justices of the said Inferior courts, for any new road, or any alteration in an old road, the said justices shall proceed to appoint three discreet persons residing in the neighborhood of where such road is intended to pass, who shall report to the said justices, at their next term, their opin- ion of the propriety of such road or roads, on which report the justices aforesaid shall finally determine; and the justiees of the said Inferior court, shall, at tbe same meeting when they so define and point out the districts or divisions aforesaid, appoint two or more commissioners, who shall be notified of such their appointment, by the clerk To appoint of the said inferior courts, within thirty days after such appointment or appointments, •rrfOTsaidcii- under the penalty of five dollars for every such default.; and if any commissioner or commissioners, within tea days of the receipt of such notification, shall not make his or their resignation to some one of the justices of the inferior court aforesaid, such commissioner or commissioners shall be considered as having accepted of said appoint- ment; and the commissioners so appointed, shall meet at the places of holding courts in said counties, on the last Saturday of the month of July in each year, and then and there proceed to apportion the hands for the several districts or divisions aforesaid, and Penalty^ for in the case of refusal, departure, neglect or decease of any or either of such eommissi- ty. oners, the inferior courts in the counties aforesaid, shall have power to fill every sueh vacancy, and should any commissioner or commissioners so appointed^ refuse to act on such appointment, after being notified thereof by the clerk of said court, shall be liable to the fine of five dollars but should any commissioners so appointed refuse, at any stricts—and their duty. * See aot of 1808, No. 374, amending- this act so far as respects the counties of Greene and Morgan—and act of 1809, No. 447, so far as respects the counties of Burke, Jefferson and Richmond. PASSED IN THE YEAR 1S07. 593 time within one year of caul appointment [without good cause, to he judged of by the said (No. 297.) inferior court,] he shall be liable to the fine ©f thirty dollars. Sec. 2. And be it further enacted, That all male white inhabitants, mulattoes, and who liable free negroes, and all male slaves from the age of sixteen to forty-five years, in the eoun- comPel- ° 0 to WOi.ic ties aforesaid, shall be and they are hereby declared to be obliged to appear with an ax, on the road*. grubbing or weeding hoe, and work on the several roads, causeways and bridges, within the several districts or divisions to which such male white inhabitants, mulattoes, free negroes and male slaves, shall have been allotted pursuant to this act, as* such male white inhabitants, mulattoes, free negroes, and owners,, managers or employers of such negroes or male slaves, shall be liable to the fines and penalties in this act, defined and expressed. Sec. 3. And be it further enacted, That the commissioners appointed under this Summoners act, or a majority of them shall, and they have hereby full power and authority to ^towSTaU appoint one or more person or persons within their several districts or divisions, to sum- llle hands t(» AA worK and all mon all such persons as are obliged to work within the said districts or divisions, at owners of such times of the year, and for as many days, as they may think convenient and ecTto' give8-! necessary (not exceeding six days at one time, or twelve days in one year,) to repair, clear, and work on the several roads, bridges and causeways within the same ; and the to work onthe several owners, managers or employers of male slaves within the several divisions or ^oners° SU™ districts, shall when summoned as aforesaid, deliver to the person summoning him, her or them, a list of all such male slaves, as arc by this act liable to-w ork, in writing, signed by such owner, manager or employer, under a penalty ©f ten dollars for a neglect thereof, which list the person summoning shall deliver to any one of the commissioners within the district or division in which he was appointed to summon; as aforesaid. , Sec. 4. And be it further enacted, That every male white inhabitant, free negro or j,.neg of (1p mulattoe, who being duly summoned to work in the respective divisions or districts fruiters wherein such male white inhabitant, free negro or mulattoe is obliged to w ork by this ivo.^rinr aet, shall neglect or refuse to obey such summons, be shall for each day he shall so lLtm' refuse or neglect to appear and work as aforesaid, forfeit a sum not exceeding one dollar, and for everyday the owner, manager and employer of any male slaves liable to work as aforesaid, shall neglect or refuse to send such slaves to perform such work? lie, she, or they, shall forfeit a sum not exceeding one dollar for each slave and it shall be the duty of the said commissioners to appoint a time and place, and to notify the same, (provided always, That such time shall lit* within ten days after such period of working on the road,) for hearing and determining on such excuses as maybe offered by defaulters, and a majority of the commissioners convened at such time shall have full power to decide as aforesaid, and order executions to issue, to any lawful constable, 595 LAWS OF GEORGIA, (No. 297.) which executions shall be signed by two commissioners for the division or district in which the defaulter or defaulters may reside. How the fines are to be disposed of and applied. Proviso. Sec. 5. Jlnd he it further enacted, That all fines and penalties imposed by this act, shall be paid by the person collecting the same to the justices of the inferior court of the county where the same may accrue, to be by them appropriated for the building and keeping in repair of bridges, and effecting such objects as are embraced by this act; Provided, That this act shall not be so construed as to effect the jurisdiction of the City Council of Augusta, over so much of the public roads in the county of Richmond, as they are entitled to by law. Repeafng ^EC* 6* *^nt^ ^ fur^ier enacted, That all road laws heretofore passed, which in clause. any way militate against this act, be and the same are hereby repealed. BENJAMIN WHITAKEIl, Speaker of the House of Representatives. DAYID BATES, President of the Senate, pro. tem. Assented to, December 10, 1807. JAREB IRWIN, Governor. (No. 298.) Commission- ers appointed to regulate the town of C*rnesville. AN ACT Proviso. To regulate the village of Carnesville, in the county of Franklin.# ®EC* ^JCfDE it enacted by the Senate and House of Representatives of llic State of Geor- gia in General Jlssembly met, and by the authority of the same, That Frederick Beall, Samson Lane, Benjamin Dorsey, Dudley Jones and Andy Williamson, be and they are hereby appointed commissioners of the said village, and they or a majority of them, and their successors in office, shall have and they are hereby vested with full pow er and authority to pass all bye-laws and ordinances which they or a majority of them in jy deem necessary, for the improvement and keeping in repair and good order the streets of the said village, and for the preservation of the public springs, Provided, That such bye- laws and ordinances, shall not he repugnant to the constitution and laws of this State. Not to make Sec. 2. Jlnd be it further enacted, That the power and authority vested in the laws which go COBimi8sioners, shall no extend to the passing of any bye-laws or ordinances which to inflict cor poral punish' * See act of 1808, No. 391, altering1 and amending1 this law. PASSED IN THE YEAR 180?. 307 may require corporal punishment to be inflicted, (except the said corporal punishments is (No. 208.) to be inflicted upon slaves or other persons of color,) neither shall the said commissioners jj1® perSs be authorised to impose any poll tax upon the citizens of the said village, which, shall exceed the sum of two dollars in the term, of one year. as to the a- mount of tax- es they may Sec. 3. And be it further enacted, That the said commissioners shall continue in impose upon the citizens* office, until the first Monday in January, eighteen hundred and nine, on which day, and on the first Monday in January in every year thereafter, between the hours of ten commission- o'clock in the forenoon, and three o'clock in the afternoon of that day, all the free ers,to be el.ec- ted, contain- male white citizens of the said village, who shall have given in their taxable property, ing the time and are entitled to vote for members of the General Assembly, shall assemble at the nci\6& m£m* court-house of the said county, and by ballot elect five commissioners, wlio shall con- tinue in office for the space of one year, at which election any two or more justices of the peace of the said couaty shall preside: Provided, That the said commissioners, proviso. after having served out the term of one year, shall be and they are hereby declared to be re-eligible to the said appointment. Sec. 4. And be it further enacted by the authority aforesaid, That the entire row or line of lots situate on the north side, and adjoining the northern street of the eaid village, belonging to and now occupied by Benjamin Dorsey, Dudley Jones, Andy Wil- ^addition liamson, Polly Wliitaker and Thomas Williamson, shall be, and the same are hereby said village annexed to, and shall forever hereafter be considered as a part of the said village of Carnesville, aud the aforesaid lot holders, and those holdisg under them, shall enjoy ilie same rights and priviledges, and be subject to the like taxes and duties, as the per- sons resident, and holding lots in the old part of the said village are and shall he enti- tied or liable to. BENJAMIN WHITAKER, Speaker of the House of Representatives. DAVID BATES, .President of the Senate, pro. tem. .Assented to, December 7, 1807. . JARED IRWIN, Goveiuvq&o 39S LAWS OF GEORGIA, (No. 299.) AN ACT ' To suspend for the time therein expressed, the operation of an act passed the eighth day of December, eighteen hundred and six, entitled ie Jln Act to extend the operation of the laws of this State, over the persons resident in Wofford's settlement, and to organ- ize the same"* H E it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passing of this act, th© act entitled « An Act to extend the operation of the laws of this State over the persons resident in WofFord's settlement, and to organize the same," shall be, and the same is hereby suspended in its operation, and the same shall not have any force or effect until the treaty represented to have been made by James Blair, agent on the part of the United States, and James Tann and Ketahahee, as agents on the part of the Cherokee nation of Indians, shall be approved of by the President, and ratified by the Senate of the United States, and the Governor of this State, shall be duly notified thereof. BENJAMIN WIIITAKER, Speaker of the House of Representatives, DAVID BATES, President of the Senate, pro. tem. Assented to, December 5, 1807. JARED IRWIN, Govern on. The law cf 1806 organ i- zing- woflords settlement, suspended. #(No. sOO.) AN ACT To amend an act, passed at Louisville on the eighth day of December, eighteen hundred and six, regulating roads in this State, so far as respects the county of Glynn. Sec. l. it enacted Ini the Senate and House of Representatives of the State of Commission- „ . . J y ers appointed Georgia in General Assembly met, and by the authority of the same, That Charles •und^roads Samuel Burnett, John G. Snecd, Athelston D* Lawrence, and. John Gignil- herein men- liat, be, and they are hereby appointed commissioners of the road leading from Eruns- tinned m the . , , „ , ,, , county of wick to vt ayne county, and they or a majority of them, shall he empowered to sum- GlyTm' xaons all the male white inhabitants, free negroes, mustizoes,. mulattoes and slaves, * See act of 1808) No. 361, repealing this law. See also act of 1810, No: 490, adding this settlement to Jackson county. PASSED IN THE YEAR 1807. who are liable to work upon the roads, and are residents within the limits hereafter (No. SOD.) designated, viz:—Upon Colonel's and Blytk islands, with those on Brunswick neck, up the south side of the Alatamaha, till it intersects the road dividing the county of Glynn from Wayne, from thence to the main Buffaloe Swamp upon the said road, down the said swamp to Turtle river, and that John Thomas, Job Tyson, Thomas B. M'Ken- nen, Robert Leach and Thomas Dover, be and they are hereby appointed commission- ers on the road upon the north side of the Buffaloe, extending along the said read to the head of the Little Satxlla, till it intersects the Camden road, then down the Little Satilla to Fanny Bluff, from thence to the month of the Balfalee and in the town of Louisville. Preamble. ▼ T IIEREAS by the removal of the seat of Government of this State, to the town of Milledgeville, the late State-house in the town of Louisville, has become useless. RE it therefore enacted by the Senate and House of Representatives of the State of Gear- State-house in in General Assembly met, and by the authority of the same, That from and after madeapublic passing of this act, the late State-House in the town of Louisville, together villi arsenal. the public square, and all the appurtenances thereto belonging, be, and the same is hereby established, and set apart as a public arsenal and place of deposit for all milita- ry stores, belonging to the State of Georgia. BENJAMIN AVIIITAKER, Speaker of the House of Representatives. DAYID BATES, President of the Senate, pro. tern. Assented to, December 10, ±807. JAKED IRWIN, Goyeuoro. AN ACT To amend an. act entitled « An Act, to regulate the town of Lexington.' (No. 302.) Commission- Sec. ** JO E it enacted by the Senate and House of Representatives of the State cf in General Assembly met, and it is hereby enacted, That from and after the ed to make all first day of January next, the commissioners of the town of Lexington, shall have full bye-laws for , " , _ , ... . the govern- power and authority to pass such bye-laws and regulations as they may deem necessary meut thereof. pop preservation of the health of the citizens of the said town, the security of the public buildings from fire and other accidents, and for erecting and repairing fences and palings in the said town: Provided, That such bye-laws and regulations be not Proviso. repugnant to the constitution and laws of this State, and that no pain or penalty therein inflicted upon any free white person shall extend to life or limb, or corporal punishment. Sec. 2. And be it further enacted, That it shall be lawful for the said commis- eioucrs to impose a tax upon all persons retailing liquors in the public square or streets, PASSED IN THE YEAR 18or. of said town; provided, such tax shall not exceed live dollars for each day; such person (No. 302.) shall retail liquors as aforesaid in less quantities than five gallons. tfnLs'Tf spi- ritous liquors in the public BENJAMIN WHITAKER, Speaker of the House of Representatives, square or streets. ROBERT WALTON, President of the Senate* Assented to, November 27, 1807. JARED IRWIN, Goveiinok, AN ACT To authorize certain commissioners therein named, to run and plainly mark a line he- ttveen the counties of Elbert and Franklin. (No. 303.) HEREAS the line dividing the counties of Elbert and Franklin, has^ never been run and plainly marked, and difficulties having already arisen for want of such running Pi-eamble. and marking, for remedy whereof. Sec. 1. RE it enacted by the Senate and House of Representatives of the State of commissionr Georgia in General JLssembly met, and it is enacted, by the authority of the same* ^run^edi? That Robert Kenada, a citizen of the county of Elbert, and John Martin, a citizen of the vidingime be- county of Franklin, shall be commissioners for, and on the part of the counties aforesaid, and Franklin who shall be invested with full power and authority to run and plainly mark the said line, designated!6 (that is to say,) beginning on the south fork of Broad River, where the Jackson, Franklin, and Elbert county lines intersect, running from thence along an old path commonly called the line path, to the north fork of Blue Stone Creek, from thence a direct line to William Browns, where the road leading from Daniel^ Ferry, to Hatton's Ford on Tugalo, crosses the road leading from Elberton to Franklin Court-House, so as to include Brown's house in Franklin county; from thence to Thomas Carter's on Lightwood Log Creek; thence down said creek to the mouth thereof,—which line when so run and marked, shall be held, deemed and taken hereafter as the true line of division between the said counties. Sec. 2.' Jlnd be it further enacted by the authority aforesaid, That in case of (he death in case of a disability or refusal to act of either of the aforesaid commissioners, the justices of the in. Srior court ferior court in which the same may happen, shall immediately proceed to fill such vacancy. to fill it. of the com- missioners. Seg. 3. Jlnd be it further enacted, That the said commissioners shall receive as a Compensation compensation for their services, the sum of three dollars each, per day, whilst employed in running and marking said line, which said sum, the justices ef tHe inferior court of C 8 402 LAWS OV MWRUIA, (No. 300.) each of the aforesaid counties are authorized and required to pay out of their respective county funds. Their pro- cecdings to he reported, to their inferior courts res- pectively. Repealing clause. Sec. 4. And he it further enacted, That each of the aforesaid commissioners shall report tlieir proceedings to their inferior courts respectively, on or before the first day of April next. Sec. 5. And he it further enacted, That all laws and parts of laws heretofore passed oil that subject be and the same is hereby repealed. BENJAMIN WHITAKER, Speaker of the House of Representatives ROBERT WALTON* President of the Senate„ Assented to,, December B, 1807,. JARED IRWIN, Governor* (No. SOI.) AN ACT To alter and amend the tenth section of the third article of the constitution- v f HERE AS the said tenth section is in the words following: "The clerks of the superior and inferior courts shall be appointed in such manner as the Legislature may by law direct, shall be commissioned by the governor, and shall continue in office during good behavior," for remedy whereof,. Clerks of the 2?E it enacted hy the Senate and House of Representatives of the State of Georgia, in inferior courts General Assembly met and hy the authority of the same, That the clerks of the superior on th^same^ an<* in^er^or courts shall be elected on the same day, as pointed out by law for the eleo- day of the (ion of other county offi cers. county offi- This act to Sec. 2. And he it further enacted, That as soon as this bill shall be passed by two ofTh^const"1 ^frds of both branches of the next legislature, and be approved of by the governor, it tution. shall become a part of the constitution of the State of Georgia.* BENJAMIN WHITAKER,. Speaker of the House of Representatives. DAVID BATES, President of the Senate, pro. tem» Assented to, December 7, 1807. JARED IRWIN, Governor. * See Act of 1808, No. 410. confirming this act PASSED IX THE YEAR ISO?. iu., AX ACTf (So. 303.) To amend ati Act entitled, « Jin Act, to incorporate the town of St. Mary's J' Sec. 1. fs ^ ^ie senate and House of Representatives of the State of Georgia, The cii in General Assembly met, and by the authority of the same it is hereby enacted, That on the t0 elect five* second Monday in April* eighteen hundred and eight, and annually thereafter, the voters in the town of St. Mary's, entitled to vote for members of the Legislature, shall assemble at the court house, in said town, and elect five persons, to compose the council and intendant of the town of St. Mary's, each of whom shall be citizens of the United States, twenty-one years Their quaiih- of age, possessed of a freehold estate within said town, be a resident of the state three years, and of the town at the time of their election, and continue so during his authority as intendant, or member of council, as the case may be; and any two justices, of the peace who to pre- _ * side at the for the county of Camden, intendant or members of, council foj; said town, are hereby election. authorized and required to cause five days previous public notice to be given of the time and place of said election, and also to superintend the same, or appoint proper persons re- siding in town so to do, aud when the election is closed, the superintendants are required to declare publicly the five persons who may appear to have the highest number of votes, as duly elected, but in case of two. or more candidates having an equal number of votes, What to be ' done in case then and in that case, the voters shall be notified by the superintendants, to assemble on of a tie. the day following, or any other day not exceeding five thereafter, for the purpose of voting and determining between the doubtful candidates; and at any time within ten days after the election shall be finally closed as aforesaid, the members of council thus elected shall assemble, and by ballet elect an intendant for said town, out of their own body, three of whom shall be present to effect a choice, and when the intendant is elected as aforesaid, the oath of office prescribed by the afore-recited act shall be administered to the intendant by 0ath to be some j ustice of the peace of Camden county, and by said intendant to each and every mem- ^^ennd^tth^ her of council. tlie rest of the council. Sec. 2. And be it further enacted by the authority aforesaid, That the said inten- dant and council are hereby authorized and empowered to appoint one or more inspectors shall he governed by the laws of this state now in force. The intendant and council shall appoint and measurers of lumber, also, one or more vendue masters for the town aforesaid, who lumber mea- surers & ven- due masters for said town. Sec. 3. And be it further enacted by the authority aforesaid, That should the in- sixty days at- tendant or any member of the couneil aforesaid, be absent from the. town of St. Mary's *ate the seat more than sixty days successively, (except snch absentee be employed on public business) his authority as such shall cease and be determined, and the vacancy be filled according to the provisions of the third section of the afore-recited act. f Act amending this act, see act of 1808, No. 383 lot JjATTS OP GEOIU.U (No. 305.) Sec. 4. Jlnd be it further enacted by the authority aforesaid f That so much of the cSe?inff afore recited act, as militates against this act be and the same is hereby repealed, BENJAMIN WHITAKEXt, Speciker of the House of Representatives* DAVID BATES, President of the Senate, pro. Icm. Assented to, December 10, ISO?. JAftED IRWIN, Governor* (No. 306.) Preamble. AN ACT To compel the clerks to keep their offices at the court house of their respective counties or within one mile thereof. "W HEREAS great inconvenience lias 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 effiee, and their absence necessa- pily delaying justice, and some times utterly defeating it, for remedy wliereof, Clerks to keep their offices at or within one mile of the court-house. Exceptions. Sec. i. BE it enacted by the Senate and House of Representatives of the State of Georgia in General Jlssembly met9 That from and after tlie first day of June next,* it shall be the duty of the clerks of the superior and inferior courts, and the clerks of the court of ordinary to keep their offices, books and papers, at the court- house of their respective counties, or within one mile thereof, except the counties of Giynn, Effingham, Bryan, and Bulloch, and except the county of Wilkinson, until the public buildings be made permanent Penalty for neglect of this act. Sec. 2. Jlnd be it further enacted, That each and every of the said clerks, except as before excepted shall forfeit and pay the sum of thirty dollars for every month they or either of them shall fail to comply with the requisitions of this act to be recovered in the superior court, on motion of the attorney or solicitor general, by attachment as for contempt, and to be considered as a part of the county funds. BENJAMIN WIHTAKER, Speaker of the House of Representatives. DAVID BATES, President of the Senate, pro. tern. Assented to, December 7, 1807. JARED IRWIN, G over or. # See Act of 1808. No. 323, extending the time until the 25th October 1808—And sec certain counhts ex- cepted, Nos. 388 ,392, 393,395,396, 428,455. PASSED IN THE YEAH iSOt. t05 AN ACt q$0, 307.) To alter (md amend an act entitled « An Act, to relieve certain fortunate drawers in the late land Lotterypassed at Louisville on the eighth day of December eighteen hun- dred and six, ^ HERE AS, many persons who have been fortunate drawers in the aforesaid lottery, Preamble, have failed and omitted to take out their grants within the time prescribed by the said law, for remedy whereof, Time for Sec. 1. BE it enacted by the Senate and House of Representatives of the State g^nt? byfor- of Georgia, in General Assembly met, and by authority of the same, That the term al- lowed for receiving monies on grants, in lieu of office fees, in pursuance of the aforesaid act, shall be and the same is hereby continued and extended to the tenth day of Novem- her next, any law to the contrary notwithstanding.* BENJAMIN WIIITABLER, Speaker of the Mouse of Representatives, ROBERT WALTON, President of the Senate. Assented to, December 5, 1807. JAREB IRWIN, Goveknoe. AN ACT (No. 308.) To amend an act entitled " Jin Act to incorporate the Presbyterian Church of the city of Savannah. Sec. 1. ^ enacted by the Senate and Mouse of Representatives of, the State of ^idSTof Georgia in General Assembly met, and it is enacted by the authority of the same, said church to That the trustees appointed in and by the said act, shall continue in office until the first trustees^- Monday in January, one thousand eight hundred and eight, and no longer; and that on lvially« the said first Monday in January, one thousand eight hundred and eight, and on the first Monday in January, in each succeeding jear, the pew holders, or persons renting pews in the said church, shall convene at the said church, between the hours of eleven and two o'clock, and there elect, from among the said pew holders, five fit and discreet persons, as trustees of the said church. * See Act of 1808, No. 364, extending the time still further. LAWS OF GEORGIA/ (No. 30s.) Sec. 2. And be it further enacted, That the said trustees, and their successors in to^osses^the °^ce> shall be invested with all manner of property, real and personal, monies, rights and same powers immunities whatever, belonging to the said Presbyterian church, and shall have, use and named in the exercise, thesauie powers as given and vested in the trustees named and appointed in said thL^s amen- ac*> *n as an<* amP*e a manner> as sa^ trustees, at the time of passing this act, datory, are invested therewith, under and by virtue of the act aforesaid. BENJAMIN WHITAKER, Speaker of the House of Representatives. ROBERT WALTON, President of the Senate♦ Assented to, November 27, 1807. JARED IRWIN, Governor. (No. 309.) AN ACT Preamble. For the letter securing to the heirs of John, Cobhs, deceased, a certain tract of land, pur- chased at the sales of confiscated property. HEREAS on the fourth day of Angust, in the year of our Lord one thousand seven hundred and seventy-two, a grant issued to Edmond Bugg, for two hundred acres of land in the parish of Saint Paul, now county of Columbia, which was conveyed by said Bugg to William Candler, and by him to William Manson, a person named in the act of con- fisoation and banishment: And whereas the said traetof land was sold by the com- missioners of confiscated property, and under the said sale became the property of the said John Cobbs, deceased, And whereas the said grant, conveying the said land, was carried off by the said Manson; and on application to the secretaries office of this Sfate, it is found that the name of the then governor, of Georgia, to wit, sir James Wright, is not inserted on the record book in the reeord of said grant, for remedy whereof; a grant in fa- Sec. 1. Beit enacted ly the Senate and House of Representatives of the Slate of Georgia mundBug-g* *n General Assembly met, That a certified copy of the said grant, from the secretary's the^eUefof1" °®ce °**this State, shall be admitted and received in all courts of judicature within this John Cobbs heir PASSED IN THE YEAH 1807. IV# . . 407 State, as conclusive evidence of title as fully as if the record of said grant was completed (No. 309.) —•any law, usage or custom to the contrary notwithstanding. BENJAMIN WIIITAKER, Speaker of the House of Representatives, DAVID BATES, President of the Senate, pro. tem. Assented to, December 7, 1807. JAUED IRWIN, Governor. AN ACT To amend an act entitled an "Ad authorizing the justices of the inferior court of Co- lumbia county, to levy an extra tax, in aid to the county funds for the purpose of build* ing a court house in said county (No. 310.) Sec. 1. # enacted iy the Senate and House of Representatives of the State of Geor- The inferior gia in General Assembly met, and it is hereby enacted by the authority of the same, That lumbia au-°" from and immediately after the passing of this act, it shall he the duty of the justices of i^the buttd' the inferior court for the county of Columbia, or a majority of them so soon as they, or of the a majority of them, may deem it expedient so to do, to proceed to the letting of the build- to the lowest ing of the said court house to the lowest bidder, by public outcry, at the place contemplated After^iving- for the building of said court house, after giving twenty days public notice, at three or days pub- more of the most public places within the county. Sec. 2. And be it further enacted by the authority aforesaid, That so much of the repealing above recited act as militates against this act, be and the same is hereby repealed., BENJAMIN: WIIITAKEH, Speaker of the House of Representatives* DAVID: BATES, President of the Senate, pro, tem. Assented to, Decembers, 1807i JARED IRWIN, Governor clause. 408 LAWS OF GEORGIA* (No. 311.) AN ACT To divorce and separate William Harding and Mary his Wife. The marri. "US bftween^Wm EC* .15 E it enacted by the Senate and House of Representatives of the state of Hardmg- and^ Georgia, iii General Assembly met, and by the authority of the same, That from and immediately after the passing of tliis Act, the matrimonial connexion, or civil contract of marriage, made between William Harding and Mary bis wife, late Mary Test, shall be completely annulled, set aside and dissolved, as fully and efiectu- ally, as if no such contract had ever heretofore been made and entered into between them. Sec. 2. And be it further enacted by the authority aforesaid, That the said William Harding, and Mary Harding, late Mary Test, shall in future be held as separate and c!aredheJepar" distinct persons, altogether unconnected by any mistical union or civil contract whatso- ate & distinct ever* at any time heretofore made or entered into between them. persons. * BENJAMIN WIIITAKER, Speaker of the House of Reprcsentath es. ROBERT WALTON, President of the Senate* Assented to, 27th November, 1807. JARED IRWIN, Governor*. (No. M2.) Preamble. AN ACT To tfcvisc, amend and consolidate the several Militia Laics of this Slate, and to adapt the same to the act of the Congress of the United States.* HERE AS the appointment of officers, and the power of training the Militia of the several states, according to the discipline prescribed by Congress, is secured to them respectively by the constitution of the United States : And whereas* it is evident, from the experience of* ages, that to be prepared for war is the greatest security of the peace of a nation, and that a well organized and disciplined militia ought to he consider- ed among the first objects of a free people. * See act of 1803, No. 318, amendatory of this act. See also act of 1810, No. 522, amendatory of that PASSED IN THE YEAH 1807. 409 Sue. 1. BE it therefore enacted by the Senate and House of Representatives of the (No. 312.) State of Georgia, in General Assembly met* That when it shall he found necessary to 0^\etecJ!Jtai^n create any new division or brigade district, or make alteration in any of those already laid of divisions to " ° be by the Leg- off and defined, such new definitions or alterations shall be made by the Legislature, and Mature, a record made of the same in the Adjutant General's Office, as well as the organization, c^fed* in the of the divisions and brigades heretofore created and defined, eSi'^office" Sec. 2. And be it farther enacted, That when it shall be necessary to create any new3 ing. offi^TrTof regimental, battalion or company district, or make alterations in any such as have here- regiments, ° * t battalions and tofore been laid, of the commanding officers of the regiment shall convene the commanding companies to. officers of battalions and companies, at some fit and convenient'place, and shall proceed regtmental,^ to lay off, or alter any such regimental, battalion or company district or districtsj which com^an" °dis districts shall, in all eases, be designated by certain lines^and bounds, and recorded by tricts. the clerk of the respective regimental courts of enquiry £ hut that in all creation or di- regard^to the vision of the aforesaid districts, a due regard shall be had to the number of effective fectivermenef men required for each corps by the militia law of the United States^ and that in case required of , each corps; ©f creation of any new company district,-any subaltern officer or officers falling within Nooffieer to the bounds thereof, shall hold his or their rank and grade, his or their respective com- Mission missions being made to bear the'number of the said new di-strict: and that in case of the * such alterati- * • on or creation. organization of an additional acquisition of territory, the regimental, battalion and com- what arrange pany districts therein, shall in the first instance be defined in such manner, and by such h^case officers of the militia^ as the commander in chief may order and direct. °flln acqmsi- " tion of ternto- , ry■ . Sec. 3. And be it further enacted, That a regiment shall not contain less than two, ^^po^nVt0 or more than three battalions ; and that in a regiment composed of two or more coun- *ess than two nor more than ties, hattahen musters and battalion couvts of enquiry only shall be had $ and that regi- 3 battalions, mental and battalion districts shall be so arranged, as not to embrace parts of two or comp^d^of more counties : and that the Brigadier General and field officers shall determine which*two °.r m,ore 0 * counties what several counties shall form a regiment, to be done, & the duty of the officers in that Sec. 4. And be it f urther enacted, That every division, brigade, regiment, battalion, regard, and company district, shall be numbered throughout the state, by order of the com- Divisions, mander in chief,..in such manner that every corps of the same denomination shall bear brigades, &c. ■v \ \ L to be number- a different number, by which numbers every district shall be designated in the commis- ed. Officers to sions of officers commanding therein, and that when in the field for the purpose of ex- take rank a- ercise, officers of the same grades shall take rank agreeably to the dates of their res- fh^ateof peetive commissions, their respective commands following the same: regiments being their respec- " , . .... . , . tive commis- tolled into regular battalions, battalions into divisions, companies, platoons and sections, sions. Sec. 5. And be it further enacted, That all vacancies which may happen by death, resignation or otherwise, of any major general, brigadier general or quarter-master D 3 410 LAWS OF GEORGIA, (No. 312.) general, shall he filled by the General Assembly by joint ballot of both branches; and ture 6toS apt a name of the person or persons so appointed, under the signature of the Pre- point and till gffient of the Senate and Speaker of the House of Representatives, shall be transmitted the vacancies of major, bri-, to his Excellency the Governor within two days thereafter, who is hereby required to talmasterge- *ssuc commissions to each and every person so appointed, within two days thereafter. nerals. missioned.0"1 Sec. 6. Jlnd he it f urther enacted, That when vacancies shall happen by death, re- In vacancies signation, or otherwise, in any company district, or where a new created district shall of companies require officers, such officers shall be elected by the citizens liable to bear arms, within counties^ con" sue^ company district, under the following rules and restrictions; the commanding battaHon) °®*cer ^ie regiment, or iu counties containing but one battalion, the major com- the major mandant of suck battalion, shall give at least ten days public notice of the tine and election for place of holding sueh election; and the election shall be held under the presidency of officers"who^ two or more justices of the county such compauy may be in, together with two free ted by the c5''t" '10^ers belonging to said district, or a majority of them, who shall receive the ballots izens liable to of all such citizens of the district as aforesaid, aud make report thereof, under their bear arms. The time, --rof holding- Persons having the highest number of votes, together with a state of the poll for cap- and conduct- tain, lieutenant and ensign, as the case may be, and the commander in chief shall, 5ng said else- tion. The comman- der in chief to hands and seals, within thirty days to the commander in chief for the time being of the within five days after the receipt thereof, commission the persons so elected ,• and in the interim between the time of sueh eleetion. and receiving their commissions, such officers, commission, shall be fully authorized to act, in all their functions by brevet from the lieutenant eo- Se election^ lonel, or in couaties containing hut one battalion, from the major commandant, upon Officers may be bretettcd. What to be the officer or officers elected, procuring a certificate from the persons superintending, said election, that he or they had the highest number of votes at said election: Provided, That such election is not protested against by any person having been a candidate : and when it shall happen that in any company district the privates neglect or refuse to elect lone when any such officer or officers to the command, it shall be the duty of "the lieutenant colonel, or rcfuse to1 commanding the regiment to which they belong, or in counties containing hut one bat- tlect- talion of the major commandant, to nominate a fit and proper person or persons, as the case may require, to take the command of said company district, until such election shall be had, and the person or persons elected are commissioned by the commander in chief, or brevetted as aforesaid,* Brigadier Ge Sec. 7. Jlnd he it further enacted, That it shall be the duty of the brigadier-gene- r.erals to or- rals, within thirty days after receiving information of a vacancy having occurred in any ©rTfor heute- regiment within their respective brigades, by death, resignation or otherwise of the nant colonels, lieutenant colonel commandant, to order a new election, and givfc the then commanding officer of the regiment, at least thirty days notice of the time and place when said election shall beheld, who shall give each and every commissioned aud brevetted officer, To give the " '' 1 —— then comman- * This section repealed by act of December, 1808, Xo. 331, See. 16; and turn also to the 1st sectio» of the ding otiicer of saine actj an(j yOU find the substitute for this act. PASSED IN THE tEAR ISO?. ill within sueit regimental district, at least twenty days notice of the* same 5 and it shall (No. 312.) he the duty of the lieutenant colonel commandant, within thirty days after receiving ^da.TiwtTce information of a vacancy having occurred in any battalion district within their regiments, *!lcil elect,J by the death, resignation or otherwise of the major, to order a new election, and to give the then commanding officer of the battalion at least thirty days notice of the time and place when and where said election shall be held, who shall give each and evory ^ ^ ^ commissioned and brevetted officer within such battalion district, at least twenty days give the other notice cf the same:—and any two or more captains or lieutenants, within such regimental or battalion districts, as the case may be, with two or more justices of the county, not being themselves candidates, shall preside at aud superintend said elections; and the said der an eiecti- presiding officers, civil and military, shall, within thirty days thereafter, certify, under ^whJ^prl- their hands and seals, the person or persons having the highest number of votes, which, officers 20 days notice. Lieutenant colonels to or- side at said elections. together with the state of the poll, shall be transmitted to the commander in chief, who in what time shall within ten days after such transmission, commission the person or persons so toVhomT are elected.* to be made- Sec. 8. And le it further enacted, That each major general, brigadier general, and lieutenant colonel, shall have the appointments of their own respective aids de camp, Generals to brigade inspectors, brigade quarter masters, and tbe regimental staff, as pointed out by ow° ffids and the militia law of the United States. other Officers. Sec. 9. And le it further enasted, That each and every officer appointed, or who 1 may hereafter be appointed, and commissioned or brevetted (not having heretofore done toA^]5effian 3 the same) shall previous to entering on the duties of his office, take the following oath (to oath, be administered by a justice of tlie peace, or the court of tbe county in which such offi- cer resides) to wit:—" I, , do swear that I will support the constitution of this State and of the United States; and faithfully discharge the duties of in the of The oath, militia of the State of Georgia, to the best of my skill and judgepient—So help me God."—-If the said oath be administered by a justice of the peace, it shall be liis duty to certify the same to the court of his county, there to be entered on record by tbe clerk of the inferior court. Sec. 10. And leit further enacted, That the commanding officers of companies, shall enroll every able bodied white male citizen, as well as aliens, between the age of enS^freet0 eighteen and forty five years, except such as are exempt by the laws of the United States,f and this present act, residing within his district; and that in all cases of doubt, respecting the aliens over, is « 1 • .1 • • an^ under 45 #ge of any person enrolled, intended to be enrolled, or pleading incapacity, to serve m any years of age in eomrnov, the party questioned shall prove his age or inability to the I egimental (or battalion ^efson^pi'ca- i _■ , ding non-age ,, * Qp mcstpicitv * This section repealed by act of 1808, No. 331, Sec. 16.—And the 2d section of the same act is a substitute must proVe *' for this. the same, and wherp t Ordained ministers of the gospel exempt by act of 1809, No. 431. *12 LAWS OF GEORGIA, (Xo. 312.) courts of enquiry, in counties containing but one battalion) within whose bounds lie may i e- siile; and it shall at all times hereafter be the duty of every such captain < r commanding roiTcdmustbe Q fficer a company, to enroll every such white male as aforesaid, as shall from time to t iuie oufdelay ith arr*ve at aSe °** eighteen years, and under forty five, except as before excepted shall come to reside within his .bounds, and shall without delay notify such person of the said, enrollment by .a proper non-commissioned officer, by whom such notice may be proven. captains to Sec. 11. . And be it further enacted, That the captain or commanding officer of each o?mpanies6in- comPany shall divide his company as nearly equal as possible, into four squads, and ami- to four squads ually shall nominate one fit and proper person in each squad as sergeant, and another fit How to ap- an(l Proper person as corporal $ but in case of refusal of all or any such persons to act, point their as sergeant or corporal, the commanding officer of such company shall deposit the names non-commis- 1 ' sionedofficers' of the men m each squad in separate hats, and call some disinterested person to draw Responsible two names, from each hat, and the person whose name shall .be first drawn, shall be a for^ their du- sergeant j and the person whose name shall be next drawn, shall be a corporal; and such Exempted person shall be responsible for the duties required of such non-commissioned officers by service "until ^aw f°r ^ie term of one year thereafter; but such person shall not be compelled to serve the whole company have served in that drawn, capacity. again until the names of all the other persons in the respective squads shall have been so Militia bound Sec. 12. And be it further enacted, That until arms and equipments, of the des- mus%rs awith cr^P^on required, by the militia law of the United States, can be procured in this State, a gun, cart- by any mode which the legislature may hereafter point out, every non-commissioned offi- shot pouch. cer or private in 'the militia in thedine, shall stand hound to appear at all musters, or on all other necessary occasions, armed, equipped and provided with a firelock in good order, and a eartoueh box or shot pouch ; but all volunteer companies of light infantry, gren- pear as themi- adiers or riflemen, shall at all times he and appear at musters, or on other necessaryoc u. states di- casions, armed, equipped and provided, as the militia law of the United Slates prescribes, Rut volun- teers must ap rocts. as well as any volunteer corps of cavalry or artillery. of volunteer Sec. 13. And be it further enacted, That the clothing, and apparel of all infantry vu- beTrtabtished corps, already raised, or which may hereafter he raised, in conformity to the law liier general"1" °^onSress* shall conform to such uniform as may be established by the brigadier general Persons en- commanding the.briga.de to which they belong, in conformity to the aforesaid act of the unteer corps, congress of the United States;—and no person belonging to the militia of the line, shall un- t0lvJsl'Pbeffire '^er co*°ur enlisting into any company to be made up by volunteer enrollment he excus- tiwy 'can be ed from doinghis duty in the infantry of the line, until he shall have equipped himself for doi "^dutlTin service in such volunteer company according to law, and shall have produced a cetnmaiulm& tile Hne^and ^iereo^^rom ^ie commanding officer of the volunteer company to the commanding must produce of the district eompany to which he did properly belong: and should any volunteer offi- that effect ccr presume to give any such certificate when the person or persons are not uniformed' PASSED IN THE YEAR ±807. he or they shall be liable to arrest, and may be cashiered on due proof thereof before a (No. 312.) court-martial: and no person having enlisted in any volunteer company, shall be per- ing fnlmpro mitted to withdraw himself from the same, under the penalty of ten dollars, unless in per certihcat. L * liable to ar~ case of removal from his regimental or battalion district, to be recovered as other fines rest, and to be imposed by this act, upon the evidence of the commanding officer of the company from ~persons en- which he shall so withdraw, without having given said commanding officer ten days t^corp^not previous notice of his intention so to withdraw, which commanding officer shall return j-° ; all such cases to the first battalion court of enquiry that shall sit thereafter: and the if they do. commissions of such volunteer corps shall designate the number of the regiment or bat- ne" hnposod"" talion to which they are attached; and the commanding offieer of the regiment or battalion shall direct how they are to be posted on regimental or battalion parades, unless differently to regiment* ordered by a superior officer; and the said companies shall perform the same rotine of °Liabletoth^- same rules i: regulations of the rest of the _ . _ . ... . militia. tnem or any ot them, out on duty as occasion may require, by entire companies ; and No volunteer when a district company shall not contain any greater number of effective men than duty (under their respective officers) and be subject to the same rules, regulations, pen- alties and orders, as the rest of the militia: and the commander in chief may order corps shall en- list more than what is required by the law of Congress, no volunteer corps shall enlist more than one one eleventh x ° man out of ,s. eleventh man out of said district, and no greater number of volunteer corps shall be company dis- commissioned henceforward (unless it is in cases of emergency) than what the militia thesamedoes law of the United States prescribes, to he attached to regiments and battalions. contam a" r 7 ° full company. Sec. li. And he it f urther enacted, That the commanding officers of companies of every description, shall muster their respective companies four times in every year, ^ ^ at such places within their company districts, as may he most convenient to a majority muster their ©f each company, and at such times as shall be ordered by the commanding officer of Sie"vory yea^- the regiment (or battalion in counties containing but one battalion:) and such company t musters shall be so arranged, that the commanding officer of the regiment (or battalion, be ordered by hi counties containing but one battalion) may when to him convenient, with the adjutant t iL colone1- of the regiment, attend all or any of (hem; and it shall be the duty of all commanding officers of companies at any and every of their respective company musters, to take an exact account of arms, accoutrements and ammunition, in possession of each member And f of bis company, and shall add to such account, the arms, accouti-ementsand ammunition in tike an ac- , . . count of tin; possession ot any other person, who may fall into ins company Irom time to time ; and amis, &c. in shall makean exact return of his company to the commanding officer of the regiment or lusc,jmPuny» battalion review, in the form which he shall receive from such commanding officer or and make re- the adjutant, which returns shall be filed, ready to he delivered to the inspector, as he commanding shall commence the inspection of each company.# officer- * This'section repealed by act of 1808, No. .831, Sec; 1C—-And the third section of the stnie act is a ^>b- for this. *14 LAWS OP GEORGIA, (No. 312.) Seg. 43. «An f°1' the purpose of being trained and instructed by the brigade muster. inspector, in the exercises and evolutions prescribed by congress, and that the brigade spectorst©at- inspector shall attend all conventions of field and company officers, regimental and bat- musters SHch t%bon musters within their respective brigades, and shall make such returns as are pre- Colonels and scribed by the militia law of the United States, and independent of the foregoing provi- sions, the commanding officers of regiments and battalions shall, and are hereby ordered to have regimental and battalion musters, not exceeding once in every year: and the majors of battalions, when there is but one battalion in any county, shall and are here- by required to have battalion musters not exceeding two in each year. majors to have not more than one muster be- •sides in a year Sutlers to-be Sec. 16. And he it further enacted, That when sutlers shall attend regimental or appointed by other musters, tliey shall he considered under the direction of the commanding officer the command- in£ officer pre present, with regard to the time and place of selling liquors or other refreshments, and sent at mus- shall be lawful for said commanding officer, to grant exclusive priviledgcs to a 4 & such persons as may engage to furnish spacious and convenient places of parade; and priviledgcs. the sutlers aforesaid shall not be liable for retailing spiritous liquors, at any of the musters aforesaid, under the law lor retailing spiritous liquors without license. Disorderly Sec. 17. And he it further enacted, That if any bye-stander shall interrupt, molest bye standers or *nsu^ auJ officer or soldier, while on duty at any muster, or shall be guilty of like howpunished. conduct before any court or board, the commanding officer at such muster or court or hoard, may confine him or them, where such offence shall or may happen, for a term not exceeding one day, nor less than six hours, during which time they shall not he allowed to drink any spiritous liquors : and if any non-commissioDed officer or soldier, PASSED IN THE YEAH 1807. 415 shall behave himself disobediently or mutinously, when on duty, or before any court or (No. 312.) board, directed by this act to be held, or shall leave the ranks without permission, or of non-com- refuse to fall therein, when ordered, at any muster whatever, or shall appear on parade sol* drunk, or shall quarrel himself, or promote any quarrel among his fellow soldiers, such diers. Hon« commissioned officer or soldier so offending, shall be disarmed and confined for the day, by order of the commanding officer present, and shall moreover be fined, at the discretion of a court of enquiry, in a sum not exceeding ten dollars, or less than two dollars, to be appropriated as other fines imposed by this act. Sec. 18.. J1 nd he It further enacted, That the following forfeitures and penalties penalties shall be incurred for delinquencies, (to wit:) by a.lieutenant colonel or commanding gofers, a£r officer of a regiment, for failing to appear at musters, or any other necessary occasion, armed and uniformed as the law of the United'States directs; for failing-to take an colonel. oath, to summon any court or board, or failing to order a regimental or battalion mus- tcr j*to report delinquent officers; to make:return of his regiment, shall for each and every such offence or neglect, forfeit and pay a sum not exceeding seventy dollars; for failing to call into service any militia legally, detailed to- his regiment, three hundred dollars: by a major for failing to appear at. musters, or on any other necessary occa- sion, armed and uniformed as above; for failing to take an oath; to attend any court or' 0l a MaJor board; to give notice of any regimental or battalion muster ; to report delinquencies or snake any return, he shall forfeit and pay for each offence and neglect, a sum not ex-- ceeding thirty dollars ; for failing to call forth his battalion with due dispatch, or any detachment of men or officers that may be required from time to time by the command- ing officer of his regiment; or the commander in chief of the State, one hundred and. fifty dollars;—by a captain, for failing to appear at muster* or on any other necessary of a Captain. occasion, armed and uniformed as the law directs ;-for failing to take an oath; to attend any court or hoard; to enroll his men, and take an account of their arms,.accoutre- Snents and ammunition; toappoint or draft non-commissioned officers, as directed by this act; to give notice of regimental, battalion and company musters;-to cause his roll to be called, and his company to he exercised; to examine his company and report delinquencies and defaulters, or to make-any return as required by this act, shall forfeit and pay for each and every such offence and neglect, a sum not exceeding twenty dollars; - for failing to call forth such officers andmen as may from time to time he legally called for . from his company: or failing on such occasions to repair to the place of rendezvous, lie shall forfeit and pay a-sum not exceeding sixty, dollars; by a subaltern officer, for failing t be8' re&imeR^ or commandant and directed to the constable of the district in proceeded which the defaulters respectively reside, and take the constables receipt therefor, Constable to who shall proceed to levy the same on the goods and chattels of such delinquent, and shall >ect amf ^°l" m0IRes 80 collected to the paymaster of the regiment, and make returns of such, ©ver the mo- warrants to the clerk within one month after receiving the same; and shall be entitled to paymaster. the same costs as are allowed by law in civil cases of equal dignity; and subject to the same rules, restrictions and penalties, as if such warrants had been issued by any justice of the peace. Sec. 2&. And he it further enacted. That the paymaster of a regiment previous to his entering on the duties herein required, shall give bond and security to the court of enquiry, His costs. Paymaster to give bond and T^k^p a ^0I t!ie faithful discharge of his duty under such pecuniary penalty as they may think fuir account proper, he shall keep fair accounts of the receipts anddisbursments of all monies which may come into his hands by virtue of this act, which accounts shall at all times be sub- of receipts & expenditures. amfio-It^tbe *° ^ie ^nsP8e^oa examination of said court or of any member thereof, and all paymaster accounts passed by said court (or appropriations made by them) and certified by the moniS!ypresiding officer, shall he sufficient to authorize the paymaster to pay the same; and jl'ASSED IN THE YEAR isor- should such paymaster fail to render a true and just account of* all money hy him re- (No, 312.) ceived, at any time when required so to do, hy the court of enquiry, he shall forfeit penalty if double the sum which he so fails to account for, to be recovered hy motion in the name of lle refuses t» vender a Inir. the commanding officer of the regiment in any court having jurisdiction of the same, in account a« the county where he may reside, giving such paymaster ten days previous notice of such c vr upon complaint lodged in writing, by two commissioned officers, shall have power to . Court mar- arrest any lieutenant colonel, major of battalion, major of brigade or inspector: and the dered,of commanding officer of the division or brigade, shall order a court martial for the trial of such lieutenant colonel, major of battalion, major-of brigade or inspector, to he com- ho*-many. Powers of posed of one brigadier general, and as many lieutenant colonels, majors and captains, as the court shall make up a number not less than thirteen; and such courts martial shall proceed to ^[at officer* hear and determine on all offences against military order and decorum, and may censure, ®ha11 be sub- fine or cashier such officer, which sentence shall be final, when approved by the command- S of the M er in chief of the state; and any major general or brigadier general for misconduct within their ow n knowledge, or upon complaint lodged in writing by any commissioned officer, gis. ^ ^ shall have power to arrest any lieutenant colonel, major of battalion or brigade inspector; tried, and the commanding officer of the division or brigade shall order a court martial for the caifsmg^such trial of such lieutenant colonel, major of battalion or brigade inspector, to be composed of city the°char- one brigadier general, and as many lieutenant colonels, majors and captains as shall make ges in 5 dajrg. .420 LAWS OF GEQIiCL., Powers of th court. Shall take an oath. .The oath. (No. 313.) up a number not less than thirteen officers belonging to the brigade in which the office* .arrested resides, and the person wishing such arrest, shall declare the charges against such officer to him within live days after such arrest, under the penalty of ten dollars for every day thereafter before the delivery- thereof; and that all battalion courts of enquiry shall be held within thirty days after each battalion muster, and -such courts martial s hull proceed to hear, and determine all offences against military order and decorum, and may censure, line or cashier, any officer so tried, which sentence shall he final when approved of by the niajor^eneral, or commanding officer of the division; and before any court mar- tial shall proceed to hear and determine on any case, they shall take the following oath, to be administered by the presiding officer to every other member, and then by the officer next in rank to him, (to wit): I — do swear that I will well and truly try the case now he- fore me, according to the evidence and the opinion I entertain of the spirit and intention of the militia law of this State and of the United States; and that I will not divulge the vote or opinion of any member of this eourt, unless required to give evidence thereof in a court ofjustice in a due course of law, until the sentence shall be approved by the proper d-nce^hTtefbe au^lor*ty—so help me God—and for obtaining the necessary evidence1 for the trials afore- obtained be- said, the commander in chief of the State, or the presiding officer of the court martial -court. shall issue his summons, and every person so summoned, failing to attend and give evidence shall be subject to be tried by a court martial; and if an officer, may at the discretion of such court, be cashiered, or fined, not exceeding six months pay, as by the law of the Uni- And how te(* States allowed to such officer when in service,* and if a nen -commissioned officer, or sol- persons fail- djer, or person not enrolled, to be reported to the court of enquiry of the regimental district ltig to attend , as witnesses in whose bounds he shall reside, and be then subject to such fines and penalties, as tliey may think proper to inflict, not exceeding twenty dollars,and on all persons summoned, or called to give evidence before any court martial shall take the following oath, to be administer- ed by the president or judge advocate, to wit: I — do swear that the evidence I will give in Cashiered ^ie case now hearing, shall be the truth the whole truth and nothing but the truth so help officers dis- qualified for 3 vears. may be pun- ished. Witnesses to take an oath. The oath The com- tnander in me God; and that when any militia offieer shall be cashiered, he shall not be elligible to hold any commission for the term of three years thereafter* Sec. 27. tAnd be it further enacted, That his Excellency the Governor, be author- chief to call ized and empowered, on an invasion or insurrection, or probable prospect thereof, to in case^f in- ca^ forth such a number of the militia, and from such county or counties, and in such surrcction manner> either companies or by drafts, as he may deem proper : and for the accommo- May adopt dation, equipment and support of the militia so called forth, the commander in chief of tions for their the state may appoint such quarter masters, commissaries, and other staff officers, as m?y°dtemhe shall seem proper, and shall also take sucli measures for procuring, transporting proper. and issuing all orders which may be necessary; orders for the militia to be called forth as aforesaid, shall be sent to the commanding officer of the regiment, brigade or division, with a notification of the place or places of rendezvous, who shall immediately take * bee act of 1808, No. 318, 7th section, repealing- this section—And the that! section of the same act con- tains a substitute for this. PASSED IN THE YEAH 18C?. Measures for detaching the same, with the necessary number and rank of officers, by regular details, drafts, or volunteer enlistments, as he may be ordered: whenever any for calling- ° " out as atore - militia sliall be called forth into actual service as aforesaid, they shall be governed by said shall be the articles of war which govern the troops and the militia) which are in the service of ^vhiie^nser- the United States: aud courts-martial shall be held as therein directed) to be composed vice S"0- 1 verned by the of militia officers only, for the trial of any person in the militia ; but to the cashiering articles of war of any officer or capital punishment of any person, the approbation of the commander Cashierine: in chief shall he necessary : and when any militia shall be in actual service, they shall be allowed the same pay and rations, as are allowed by the law to the militia of the nishment United States : If a sudden invasion should be made, or an insurrection should happen proved by'the in any county in this state, the commanding officer of the militia-in such county, is ^™"'antieri1 hereby authorized and required to order out the whole, or such part of the militia, as Their pay he may think necessary, and in such maimer as he may think best for repelling or sup- sudden inva- "pressing such invasion or insurrection, and shall call on the commanding officer of the rectio°n in any adjacent eounty for such aid as lie may think necessary, who shall forthwith, and in what like manner furnish the same : and in the eVent of any militia ordered out by the coin- The com- mantling officer of a county as aforesaid, such officer shall immediately give notice of Sdeftob ^no- the same and the cause thereof, to the commanding officer of the brigade or division, Vfi,ec*without o o ' delay. mho shall forthwith report the same to the commander in chief. Expresses "Sec. 2S. .find he it further enacted, That major generals, brigadier generals, and may be hired lieutenant colonels, be and they are hereby vested with power to employ such persons and orders"8"11* contract with the same at any rate, not exceeding two dollars per day, to ride express, for transmitting such orders as in their judgment may be for the good of the public ser- vice; Provided, that a day's riding for any express he not less than thirty five miles Thtlrp'ay. during the necessary time they may be actually engaged in performing such duty, to he paid by the governor out of the contingent fund, upon their producing a certificate of the general officer so employing them ; And provided also, that no express employed by the lieutenant colonel, shall be allowed pay unless in case of insurrection or invasion. Sec. 29. Jind he it further enabled, That the adjutant general shall be allowed such .pay, while in actual service, as shall be expressed in each annual appropriation law, and that in case of omistion in any of said laws of such allowance, the commander in chief is hereby authorized to pay the same out of the contingent fund, at the rate of the pay, -subsistence and forage, which officers of -rank are allowed when in the service of the United States; the accounts of the adjutant general for the same being first certified by . a major general, or the commander in chief. Sec. '30. Jind he it further enacted, 'That his excellency the governor is hereby copies of authorized to cause a sufficient number of copies of this law, together with the act of congress more effectually to provide fort he national defence, by establishing an uniform law of the u. militia throughout the United States, and the act of congress for calling forth the militia of War, & the Adjutant pe- neral to be paid, and in what manner. 4-23 IAWS OT? GEORGIA,. (No. 312.) t0 execute (lie laws of the Union* suppress insujxeetions and repel invasions; anil Hie rules cf dis- articles of war, to tie printed ami distributed througbouttlm State, so that*every general scribed by" an(* ^1 officer therein, and every brigade inspector, adjutant and captain, may be fur- enngvess the nished with one copv each: and his excellency the governor, is moreover required to eon- governor is * * * required to tract for a sufficient number of .copies of the rules and discipline prescribed by congress c(T«nd^istrl- for the troops of the United States, as will furnish the commanding officers of every thT officers^ coa,Pany throughout the State, with one copy ,* all which shall be the property of the ioTO to the- company, and descend to them In.the succession.©? captains as long as they last. k captains. * Sec. si. And be it further enacted. That it shall be the duty of every captain or com* Captains to manding officer of a company, to pead or cause to be read, in the hearing of his com- qlrts oFthis Pa0J» whilst on parade, at least such parts of the militia law ©f .this State and of the law,ns relates United States, as .relate to discipline and the preservation,©f good order, onoe in every to discipline, ^ # to his men, year. once a year. * * * r Officers of Sec. s^. And be it further enacted, That officers commanding volunteer eompanies lorpf not to shall not he permitted to vote at.any election for a field officer, unless they should actually officers unless bavejthirty men jn uniform, at the time of such election, they haVe 30 Srm.1" Uni -Sec. as. And be it further enacted, That when any person shall be elected, am! 'Officers re- shall receive brevet or commission, and .shall resign the same before the expiration of signing with- three years from the date of his.®aid brevet or commission, sueh person or persons so -disqualified resigning, shall not be capable of being elected to any post or office in the militia of the an^othe^niF- &tate* higher in ranfe than fourth corporal, for the space of three years ^Provided, Ointment for lhat a removal out .of the regimental,.battalion or company district, shall vacate their 3 years, commission, and not subject the person so.removingto the disabilities herein contained, ^ Sec. 3£. And be it further enacted, That all militia laws heretofore passed in this Repealling .State, (except such as relate to natrolllng) he and the same are hereby repealed, clause, ' ^ ^BENJAMIN WHlTAKE.il, Speaker of the Mouse of Representatives. * JOHN F08TEK, President of the Senate, pmiem* Assented to, 10th December, 180?. (TARED IRWIN, Govejbxos. J-asSED IN THE YEAH 1807. 42s AN ACT (No, 313.) To authorize the justices of the inferior court of the county of Elbert, to levy an extra tax, for the purpose of building a jail, and making such repairs to the court house of said county, as they may deem necessary.. Sec:. l-J^E it enacted by the Senate and House of T&epvesentatvccs of the State ofGeor- ^ ^ed the?* gia in General Assembly met, and it is enacted by the authority of the same, That the county of El- justices of the - inferior court of the county of Elbert,, are hereby authorized to levy ty purposes"* a proportionate extra tax on the inhabitants of said county, annually, for the term of three years in succession, not* exceeding one third part of the annual general tax, which said tax shall be collected in the same manner as the- general tax, out of which sum the tax collector shall be entitled to receive two and a half per centum for his services, and the money so arising from theextra tax as aforesaid, shall be appropriated as a part of the county funds, for the special purpose of building, a-jail and repairing the court-house in said county. Sec. 2. And be? it further enacted, That the justices aforesaid, or a majority of Tho building- them, shall within, tWelve months from the passing of this act,* let the said buildings ^ll *£ebe by public outorv, to the lowest bidder, afterfirst giving twenty days public notice of the lowest bid- " - der. same in three or more of the most public places in said county. Sec. 3. *lnd be it further enacted, That the justices aforesaid are hereby author- The court ized to contract with any person, to make such repairs to the court house of said county, repaired, as they may deem necessary . Sec. 4. And be it further enacted, That the justices aforesaid are hereby authorized- tll J^iUo be to cause the said jail to be built on saeh plan, and of such dimensions as they may deem fixed upon by the interior' most convenient, . c0ixrt. BENJAMIN WHITAKER, Speaker of the House of Represent atives, EGBERT WALTON, President of the Senate,. Assented to, December 5, 1807* JARED IRWIN, Governor, * See act of 1808, No. 381, allowing" further time. LAWS OF GEORGIA, (No. 314.) AN ACT To alter and amend an act, to authorize the justices of the Inferior Court of Hancock County, to levy an extra tax, for the purpose of, building a J\mew Jail, and making such repairs to the Court House (f said County,, as may appear-necessary. Preamble. IIEREAS the intervention of accident and misfortune lias rendered the Tax contemplated by the before recited act, inadequate to the purposes for which it was in- tended: Extra tax Sec. 1. HE it therefore, enacted by the Senate and House of Representatives in Gc- ncral Assembly met, That the Justices of the Inferior Court of Hancock County, shall allowed the be, and they are hereby authorized to levy an extra tax, not exceeding one half tlie Ge- cock^7forIIan neral/I]ax, on all persons and property subject to taxation in said county, for the pur- poses' PUr Pose building a Court-Housc and Jail,. provided -the said levy shall not continue more than three years. Sec. 2. And be it further enacted> That any clause in the before recited- act> which rtause.pealin° militates against this act, be and the same is hereby repealed. BENJAMIN WIIITAKER, Speaker oftlieJIouse of Representatives* ROBERT WALTON, President of the Senate. Assented to, 5th December, 1807. JARED IRWIN,. Governor. AN ACT To alter the name of Jesse Daniel Austin. WIIEREAS Jesse Daniel Austin, a minor, by his next friend, James Barrow, ha'Ji petitioned this Legislature to alter, the name, of the said, Jesse Daaiel Austin, R that of Jesse Daniel: vNo. ul5.) enacje(j ^y ^e g£nate an£ pIqusc nf Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted, That from and immediately after the passing of this act, the said Jesse Daniel Austin, shall be known and called by.the name of Jesse Daniel. BENJAMIN WIIITAKER, Speaker of the House of 'Representatives* ROBERT WALTON, President of the Senate. Assented to, November 27, 1807. JARED IRWIN, Governor. *^3SKD IN THE YEAR 1807. AN ACT (No. 516.) To grant certain powers to the Commissioners of Pilotage, and for farther preventing the obstruction of Savannah River. Sec. l. JUE it enacted by the Senate and House of Representatives, in General As- sembly met, and? it is hereby enacted by the authority of the same, That the com- en^o^bTcoml missioners of pilotage for the port of Savannah, shall have full power and authority to place in Savannah River certain anchors, buoys, and chains for the purpose of aiding place anchors, and assisting vessels in their passage from Savannah to Five Fathom Hole. Savannahri-1* ver. Sec. 2. And be it farther enacted by the authority aforesaid, That if any person or Penalty for persons shall displace, cut, break, alter or destroy any of the said anchors, buoys or fakwSinrs chains, they shall forfeit and pay the sum of three hundred dollars, to be recovered in buoys, &c. any court of this states having jurisdiction to that amount. Sec. 3. And be it further enacted Vy the authority aforesaid, That fromand after no vessel the passing of this act, that if any vessel shall intentionally be suffered or permitted to sunkTiftherU sink in the River Savannah, between Ray's Hall and Cockspur Island, that the owner ^Tv's^rd/T or owners, consigner or consigners, or captain of such vessel, shall forfeit and pay a Cock Spur is- fine to be assessed by the commissioners of pilotage for the port of Savannah, which certain penak they are hereby authorized to assess, not exceeding two- thousand dollars, to be reco- vered in any court of this states Itaving jurisdiction to that amount, and the same to be ( applied to the use of clearing the said River Savannah, and-paid into the hands of the commissioners of pilotage for that purpose^. Sec. 4. And be it further enacted, That the said commissioners of pilotage be, and whal ^ they are hereby authorized to take and receive for the use of the said anchors, buoys pensation uc and chains from each vessel that use the same, the following sums, viz. on all ships ers of pilot e allowed to r<-~ ceive for the under two hundred ton, five dollars : on all above two hundred and not exceeding three hundred ton, the sum of ten dollars : and all above three Hundred ton, the sum of use of their anchors buoys twelve dollars. t and chains. BENJAMIN WHITAKER, Speaker of the House of Representatives* DAVID- BATES, President of the Senate, pro. tern. Assented to, December 10, lSGTir JARED IRWIN, Goternor. F S 42G LAWS OF GEORGIA, (No. 317.) AN ACT To alleviate the condition of Debtors, and afford them temporary relief. No clerk to 'cution^ahst SeC* *' J3E it enacted by the Senate and House of Representatives of the stale of any defendant Georgia, in General Assembly met, and it is hereby enacted, That from and after the passing of this act, no clerk of the superior, inferior or mayors courts, within this State, shall issue any execution against the person or property of any defendant on any judg Provided he ment that has heretofore been obtained in any of the aforesaid courts, provided, the de- «»ives security fortheamount fendant or defendants shall give security for the amount of the judgment and costs, to ment^ costs" aPProvec^ % sa^ c*erk$ and in case the cleric as aforesaid shall object to such security as offered, then and in that case it shall be the duty of such clerk to receive such security, on hi|, her or their making oath that they are worth the amount of the judgment, over and above the payment of their just debts. Security to justify. No justice Sec. 2. And be it further enacted, That no justice or justices of the peace shall to issue any issue any execution against the person or property of any defendant or defendants, 011 execution. any judgment that has heretofoie been obtained in any of the courts aforesaid: Provided Provided se- the defendant or defendants, his, her or their attorney shall give security for the amount curity is fijiv- ' en in like of the judgment and cost,, to be approved of by such, justice or justices, and in case manner. doubts shall arise as tothe sufficiency of the'security offered, then, and in thatcase the justice or justices as aforesaid, shall receive such security, on such security's making oath that they are worth the amount of the judgment over and above the payment of their just debts. No sheriff or it farther enacted by the- authority aforesaid,That no sheriff, deputy other officer sheriff, marshal or deputy marshal, coroner, op constable, shall make sale of any pro- to sell any pro- . . perty levied pcrty which has heretofore been, or may hereafter be levied on by Virtue of any fieri on, Provided se- curl en facias, issuing out of any court within this Stale: Provided,,that the defendant or de- is giv- fendants, his, her or their attorney, shall give security as aforesaid, to the clerk, jus- tics or justices as aforesaid. No court to Sec. 4. And le it further enacted, That neither of the aforesaid courts, shall issue issue or try out any civil process, or try any civil case which has heretofore been issued out, except any case, £ol. ^ right of property real or personal, and in cases of attachment, and exceptor the then and in that case where it shall satisfactorily be made appear on oath, to any judge right of pro- " perty and in of the superior court, justice of the inferior court, or justice of the peace, that his, tachment. **er or tlxeii* debtor is about to remove out of the limits of this State, that then, and in that ease, it shall be Ike duty of the judge or justices as aforesaid, to issue an attach- How to pro- 0 ceed in such ment against the property and body of the defendant or defendants, and cause him, her cases. 0lf ^em <])e brought before him or either of them, and give security as aforesaid for the amount of the debt ami cost, and on failure thereof, the attachment law now in force, MASSED IN THE YEAR 1808. 427 shall be pursued as heretofore practised, so far as respects the property of said defend- (No. 317.) ant, and commit the body of the said defendant to jail, there to remain until the amount claimed be paid, or he be discharged under the insolvent laws of this State : Provided nevertheless, that nothing herein contained shall be so construed as to compel persons to n0 aciaiti- give security where they have heretofore given security on appeals, but the same secu- °™be given i'I rity shall be held and considered sufficient. appeals. Sec. 5. And he it further enacted, That all open accounts where the party refuses to open ac- counts to bear interest. liquidate the same, shall bear interest during the continuation of this act. Sec. 6. And le it further enacted, That this law shall not be considered to extend This law not to cases for the recovery of taxes, to forfeitures to the State, for torts and wrongs com- to extend to initted against the State, or to any lines inflicted by proper authority for neglect of duty or otherwise. taxes, fines, &c. Sec. 7. And he it further enacted,. That the act of limitations now in force in this . The act of State, shall cease to run for and during the time this act shall continue in force. limitations suspended. Sec. 8. And he it further enacted, That this act shall continue and be in full force untill the twenty fifth day of December next.* BENJAMIN WHITAKER, t Speaker of the House of Representatives ROBERT "WALTON, President of the Senate, Assented to, May 23, 1808. JARED IRWIN, Governoxl The dura, tion of this act. ''.See act of December, 1808, No. "334, repealing this act, ^section the eleventh. 428 LAWS OF GEORGIA, (No. 318.) AN ACT* To amend an act entitled, and erect offices and remove their papers, \ G 3 LAWS OF GEORGIA, (No. 323 ) Sec. 1. BE it therefore enacted by the Senate and House of Representatives, and it Furthertime enacled by the authority of the same, That the tine allowed paid clerks for the given the removal of their said offices and fixing them at the court houses in their respective conn- move\heiv of" Oes, or within one mile thereof, shall be extended until the twenty fifth day of October C°u«t houses Bext> lU)y section, clause, or part of the before recited act to the contrary notwithsanding. BENJAMIN WHITAKER, Speaker of the House of Representatives. ROBERT WALTON, President of the Senate. Assented to, 23d May, 1808. JARED IRWIN, Governor. AN ACT (No. 324.) To alter the time for the sitting of the Mayor's court, of the city of Savannah. Time of hoi- ®EC# L j ^ g enacted bu the Senate and House of Representatives in General Jlssem- ding the may- - 3 * or's court in bly met, and it is hereby enacted by the authority of the same, That from and after the pass- Saiannah al- oj. ^.g a(1^ tjie may0P»s court 0f the city of Savannah shall he held monthly, on the tered. the third Tuesday in each and every month. * Repealing ^EC* ^n^ ®e ^ further enacted, That any former act or acts, so far as the same clause. ghall militate with this act, be and the same is hereby repealed. BENJAMIN WHITAKER, Speaker of the House of Rqircscntativ$s» ROBERT WALTON, President of the Senate. Assented, to, 23d May, 1808. JARED IRWIN, Governor. PASSED IN THE YEAH 1803. AN ACT (No. 325.) To alter the mode of electing the City Officers of the City of Savannah. Bsc. L enacted by the Senate and House of Representatives of the Slate of of^^anSr9 Georgia, in General Assembly met, and it is enacted by the authority of the same, That how elected, the mayor arid aldermen of the city of Savannah shall, at their first regular meeting in the month of October next, and at their first regular meeting in the month of Oeto- ber in each succeeding year, proceed by ballot to elect a city sheriff city marshal, clerk of the mayor's court and clerk of council. Sec. 2. And be it further enacted by the authority aforesaid, That the said Mayor and Aldermen shall give public notice by advertisement, in two or more of the Gazettes published in the said City of Savannah, for the space of ten days, of the time at which the election for the officers aforesaid will take place. Sec. 3. And be it further enacted by the authority aforesaid, That all acts, or parts Repealing1 of acts, heretofore passed on this subject which shall militate against the provisions of clause- this act, shall be, and the same are hereby repealed. BENJAMIN WIIITAK.ER, Speaker of the House of Rqiresentatives. ROBERT WALTON, President of the Senate. Assented to, 23d May, 1808. JARED IRWIN, Governor. Ten days notice of the election must be given. AN ACT (No. To establish and make permanent that part of the public road, leading from the Seat . of Government to the town of liaricti, beginning at or near the bridge on Cobb's Creek, running thence to the house of Richard Cooper, and thence to the Cow Ford on the Ohoopie. Sec. 1. IA T? if. s-nrUA hn the. stennlf nntl M,e0 nP .*« 1, A road from E it enacted by the Senate and ouse of Representatives i n General As sembly met, and by the authority of the same, That from and after the passing of this act, the public road leading from the seat of government, to the town of Darien, ed. the seat of go- vernment to Darien, defin- LAWS OF GEORGIA, (No. 326.) shall run from the bridge on Cobb's Creek to the house of Richard Cooper, and from thence to the Cow Ford on the Olioopie River : and all persons liable to work on public roads, agreeably to the requisitions of an act, passed by the General Assembly, the 4th day of December, seventeen hundred and ninety-nine, are hereby made liable to perform their labour on that part of said road, any law or usage to the contrary notwithstand- ing. BENJAMIN WHITAKER, Speaker of the House of Representatives* ROBERT WALTON, President of the Senate. Assented to, May 23d, 1808. JARED IRWIN, GO VERN on. .AN ACT (No. 327.) To alter and amend an act, entitled ie Jin Act to dispose of and distribute the late cession of lands obtained from the Creek nation, by the United States, in a treaty concluded at the City of Washington, on the fourteenth day of November, one thousand eight hundred and Jive." Preamble. ^^JIEREAS many persons who have been fortunate drawers, may not have it in their power to take out their grants within the time prescribed by the said law; for remedy thereof, Time extend- Sec. 1. BE it enacted by the Senate and House of Representatives of the State of out the grant! Georgia,171 General Assembly met, andby the authority of the same, That the time allow- in the second ed for receiving -monies on grants in lieu of office fees, in pursuance of the aforesaid land lottery. shall be, and the same is hereby continued and extended to the twenty fifth day of December next, any law to the contrary notwithstanding.* BENJAMIN WHITAKER, Speaker of the House of Representatives. ROBERT WALTON, President of the Senate. Assented io, 23d May, 1808. JARED IRWIN, Governor. * Sec act of 1808, No. 354, extending the time still fmther. f ASKED IN THE YEAR 1807. AN ACT (No. 328.) To render valid certain proceedings had in the court of ordinary in Chatham county, since the order of said court for the removal of Edward White, as the clerk of said court. Wi HERE AS many injuries and inconveniences will result to individuals concerned in the proceedings of the said court, without legislative interference 5 for remedy whereof, Preamble. made valid. EE it enacted by the Senate and House of Representatives of the State of Georgia, ofc^^aasct9 in General Assembly 'met, and by the authority of the same, That all letters testamentary, Bourke, as letters of administration, marriage licenses, exemplifications, and all other documents court of ordi- bearing the attestation of Thomas Bourke, as clerk of said court, granted, given or bounty1" issued since the order of said court for the removal of Edward White, on the fourth day legalized and of May, one thousand eight hundred and seven, until the first day of June next, unless the said Edward White shall, before that time be reinstated in his office of clerk of the court of ordinary, and in that case, until the time at which he sha.ll be so reinstated as clerk of the said court, shall he received, taken and held in any court where the same shall be necessary to any party, plaintiff or defendant, in any suit pending, or which may here- after pend, as valid and effectual, ^as though the same had been issued, given or granted rhy the said Edward White, or as though the said Thomas Bourke had been duly com- riuissioned. BENJAMIN WIIITAKEIt, Speaker of the House of Representatives. ROBERT WALTON, President of the Senate* Assented to, 23d May, 1808. JARED IRWIN, Governor, AN ACT fNo. 329,1 To authorize the inferior courts of the several counties in the Ocmulgee circuit, to draw jurors to serve at the next superior courts to be holden for the respective counties where no juries were drawn at the last superior courts. "Use it enacted by the Senate and House of Representatives, That the justices of the ^The mferior inferior courts of the several counties in the Ocmulgee circuit, in which there are not jurors for the juries drawn to s^rve at the next superior courts, shall on the first Monday in July next, superiorcourt 458 LAWS OF GEORGIA* (No. 329.) make a selection from among the persons liable to serve as grand and petit jur jrs, and that in those coun- 011 the said first Monday in July next, they shall severally draw a grand and petit jury ties v/here it for the said several counties as aforesaid, and then seal up the said selection agreeably to has been omit- . , . . . . ted. said act, and return the same to the clerk of the superior court, which said jurors shall be duly summoned by the sheriff, and serve at the first term of the superior courts in the said several counties; and the foregoing clause to continue ia force until the next superior courts of said circuit and no longer. BENJAMIN WHITAKER, Speaker of the House jf Representatives. ROBERT WALTON, President of the Senate. Assented to, May 23d, 1808. JARED IRWIN, Governor. (No. 330.) AN ACT To cede to the United States jurisdiction oner five acres of land, on the southern extremity of Sapelo island, for the purpose of erecting a light-house. Five acres o? Proviso. E it enacted by the Senate and House of Representatives of the State of Georgia, in land otisapelo General Assembly met, That from and immediately .after the passing of this act, theju- to the u! se who to pre- tains or lieutenants, within such regimental district, with two or more justices of the- iection'&their c01111 n°t being (themselves candidates) shall preside at, and superintend such election; duty. and the said presiding officers civil and military, shall within thirty days thereafter, cer- tify under their hands and seals, the person or persons having the highest number o? votes, which together with the state of the poll, shall be transmitted to the command' By whom er in chief, wlioshall within ten days after sucli transmission, commission the person or persons so elected ; and it shall be the duty of the lieutenant colonel commandant, with- in thirty days after receiving information of a vacancy haying occurred in any battalion district, by death, resignation or otherwise, of the major, to order a. new election, and give the then commanding officer of the battalion at least thirty days notice of the time appointed. anc| place, when and where such election shall be held, who shall give public notice of the same at least twenty days before such election, by advertizing the same at the muster ground in each captain's district,, within such battalion district ;.and such vacancies shall- be filled by the commissioned or brevetted officers,* within such battalion district, who will become subject to the command of such officer when elected: -and any two or more- captains or lieutenants, within such regimental or battalion district, as the case may be, Majors how and by whom Who to pre- side at the e- with two or more of the justices of the county, (not being themselves candidates) shall' preside at and superintend said elections and the said presiding officers, civil and inili- tary, shall within thirty days thereafter, certify, under their hands and seals, the per- son or persons having the highest number of votes, which together with the state of the By whom shall be transmitted to the commander in chief; who shall within ten days aftec- commissioned such transmission, commission the person or persons so elected. Sec. 3. «l&cI be it farther enacted, That the commanding officers of companies of Captains to every description shall muster their respective companies four times, and not more than- muster elicit* men 4 times a six times in time of peace, in every year, at such places within their company district, year. as may be most convenient la a majority of each company, and at such times as shall be ordered by the commanding officer of such company ; and it shall be the duty of all commanding'officers of companies, at any and every of their company musters, to take And shall an exact account of .arms, accoutrements and ammunition in possession of each member take an ac- * count of the of his company; and shall add to such account, the arms, accoutrements and am muni- Sc«nipany. I*01* ia possession of any other person who may fall into his company from time to time ; * Now elected by the men liable to do duty—See act of 1810, No. 52% 5SED IN THE YEAR 1807. Ml and shall make an exact return of his company to the commanding officer of the regi- (N6. 331.) ment or battalion review, in the form which he shall receive from such commanding A retuin of officer or the adjutant, which return shall he filed ready to be delivered to the inspector, as he shall commence the inspection of each company. his company. See. to whom made. In courts of Sec. 4. And be it further enacted, That all courts of enquiry and courts-martial, as pointed out by the militia law of this state, the officers present, who may he highest enqui ry who in grade, shall preside, but where there are two or more of the same grade, the senior t0 presi *or the purpose of being inspected, trained and instructed, by their squadrons,^ brigadier general pr the adjutant general, for a term not exceeding three days at any the purpose of one meeting, training. Cavalryto re- Sec. 11. Jind he it further enacted, That the cavalry shall retain their accustomed al priviledges, priviledges, subject nevertheless to the usual duties required of them by the militia law. Brigadier ge- Sec. 12. Jlnd he it further enacted, That it shall be the duty of the several bri- tend the adfu- gadier generals to accompany the adjutant general at the several review s of inspection tantgeneralin within their respective brigades, reviews. Commander Sec. 13. Jlnd he it further enacted, That the commander in chief in the annual in chief to^car- promulgation of general orders, be empowered to order and direct such measures as he fhe^militia0 may deem best calculated to carry more fully into effect the requisitions and intention of the militia law of this State and of the United States. officers may ®EC* ^6 ^ further enacted, That all officers are permitted to wear lace; wear lace. and that the uniform prescribed formerly by the major generals of (his State, shall • See act of .1909, No. 446, repealing so much of this section as relates to corporal punishment. PASSED IN THE YEAR 1808, I)e the established uniform of all the general, field, staff, and company officers, (No. 331.) of the militia as aforesaid, cavalry and artillery excepted; and that the militia as aforesaid be permitted to wear plain buttons. Their unl- form. Iu returns of elections the number of the Sec. 15. Jlnd be it further enacted, That in all returns of elections that may be held for any field or company officers, that the number of the regiment, battalion or company regiment, bat- district shall be expressed. mustbemade. Sec. 16, And be it further enacted, That the sixth, seventh and fourteenth sections of Repealing; 1 * cld^SC' the militia laws, passed on the tenth day of December, one thousand eight hundred and seven ; and the fifth and sixth sections of the militia law passed on the twenty third day of May, one thousand eight hundred and eight, and all parts of the said acts, that mil- itate against this act, be and the same are hereby repealed. Sec, 17. wind be it further enacted. That the person who has contracted to print This law t« the laws of the present session, do print one thousand copies of this act, and deliver them ^stributfd d into the executive department by the time specified for the delivery of the other laws; with the other for which service he shall reeeive the same price per sheet as is allowed him for the laws aforesaid > and that his excellency be requested to pay the same out of the contingent fund: and it shall be the duty of his excellency the governor to distribute the same agreeably to the number of militia officers in each county within this State. BENJAMIN WHITAKER, Speaker of the House of Representatives'* HENRY MXTCIIEL, President of the Senate. Executive Department, Georgia, Assented to, 17th December, 1808. JARED IRWIN, Governor. AN ACT Wor the establishment and support of military schools in the several militia divisions of this state, to point out the mode of distributing the public arms, and to designate the several places within each major generaVs command where the same shall be deposited. HERE AS, from full and sufficient experience it is evident, that our present mi- litia system is inadequate to bring about that state of organization, -order and discipline, which the exigencies of the present crisis of our national affairs require, and which at all times ought to be one of the first wishes of an independant nation. (No. 552.) Preamble.'' "iii LAWS OF UEOIIGIAj (No. 332.) Sec. 1. Be it therefore enacted by the Senate and House of Representatives of the State Military °s warrants, commonly called warrants of anticipation, at one eigth of their nominal value \ president's and speaker's warrants issued since the year seventeen hun- dred and eighty nine ; gratuitous certificates, funded certificates, with seven years intc- rest added thereto, after the rate of seven per cenL.per annum, and governor's warrants, issued since the year seventeen hundred and eighty nine, at their nominal value, and bounty land warrants issued to the late State troops, amounting in the whole to thre# hundred and eighty five thousand five hundred and ten acres, at and after the rate of thirty one and ft quarter cents per acre. Sec. 2. And be it further enacted by the authority aforesaid, That the sum of fifty five thousand dollars of the money arising from payments on the aforesaid bonds, shall be, and the same is set apart and appropriated annually and every year for the'redemp- tion of the aforesaid ontstanding evidences of the debt of this States Provided, such sum shall be annually received at the treasury, and his excellency the governor for the time being, is hereby authorized ,and empowered to issue to the holder or holders of certifi- cates of any of-the aforesaid denominations, reduced as before directed by warrant on the treasury for.the amount of liis, her or their claim, reduced as aforesaid, payable ont of any money arising from payments made to the treasury for the aforesaid fractional surveys. BENJAMIN WHITAKER, Speaker of the House of Representative HENRY MITCHELL,.President of Vie Senate, Executive Department, Georgia, Assented to, 22d December, 1808. 55,000 dod lars_ of sail, fund appro- priated annu- ally for the payment of said debts. Provided that sum comes in- to the treasu- ay- JARED IRWIN, Goyebxor. PASSED IN THE YEAR 180S. 4-1-7 AN ACT (No. 334.) To alleviate the condition of debtors, and to repeal an act entitled, « Jin Act to alleviate the eondihon of debtors, and afford them temporary relief," passed the 23d day of May, 1808.* giving secun- ty. Executions may be third- ec. 1. Jr|;g it enacted by the Senate and House of Representatives, in General As- t0 be^dihSed sembly itret, and by the authority of the same, That on all judgments that have been heretofore recovered, or that may hereafter be recovered in the superior or inferior balance upon courts of the several counties, or in the justices' courts, or> other courts of inferior jurisdiction, the defendant or defendants, may stay execution for and during the period of the continuation of this law, by entering good and sufficient freehold security, of the county, in the clerk's office of such court, or with the justice, , as the case may be, lor the ultimate payment of the debt, cost and interest, and upon paying one third part of the judgment, and one third part of the costs.. Sec. 2. And be it further enacted. That where execution has issued on judgments already had and obtained, or that may be had and obtained after the passing of this law, ed in like the defendant or defendants, may stop the sale of property, under such execution levied, upon paying one third of the amount of such execution, and by entering good and suffi- cient freehold security within the county to the-sheriff,, coroner, or justice, as llie case msy be, for the ultimate payment of the balance of lli'e judgment, interest and cost, at the expiration of the time for which this law was passed; and all the property of the securities security shall he bound for (lie balance of the execution and redelivery of the property at the expiration of the "time for which this law was passed; and in case the said property shall not be delivered, all the property of the security shall be bound and be subject to the said execution.. This law not Sec. 3j And be it further enacted, That this law shall not extend, to prevent the to extend to recovery of taxes, to torts or wrongs, or to fines inflicted by the proper authority. fines!*toitsor . Sec. 4. And be it further enacted, That no conveyance or sale of any property after security entered, belonging the to defendant, or his securities, shall defeat the lieu in fa- YOr of the plaintiff. defeat the plaintiff's Sale, of de- fendant's or security's pro- pertv, not to Sec. 5. And be it further enacted, That all judgments shall bear interest. lieu. Judgment to bear interest. Sec. &. And be it further enacted, That this law shall continue and be in full force continuation and effect until the twenty fifth day of December, eighteen hundred and nine. °* tlus ac1. * See act of 1809, No. 435, repealing this law, section 12lh. tW LAWS OF GEORGIA, (No. 53i.) Sec. 7. And be it further enacted, That no court, officer or officers, shall he per- to%Tentered ^tted to enter Into any rule, so as to authorize them to receive any other cost than into, so as to fjic one third, as pointed out by the aboye recited act, until its final collection. authorize the ■ r * rec'pt. of more ofthecgst.11 Sec. 8. And he it further enacted, That in all cases where the debtor will pay one receive^onV0 ^ie debt due to *"s, *ier or **ie*r ereditor or creditors, and give good security third of their for the payment of the balance, it shall exonerate them from being sued during the debts and t wo security, continuation of this act. Treasurer Sec. 9, And be it further enacted, That the treasurer shall not be authorized to issue one third of his execution against any purchaser of fractional surveys for more than one third of his, fraction bonds jjer Gr ^eir bonds, when such aforesaid debt shall become due; any law to the contra- ry notwithstanding. Noca.sa.tobe Sec. 10. And be it further enacted, That no ca sa sktall issue during the continua- acted upon, if . " ° the defendant tion of this act, nor shall any already issued be executed or acted on; Provided, the with this act. defendant in judgment shall comply with the requisitions of this act. First alleys. Sec. 11. And be it further enacted, That the act passed the twenty third of 3Iay pe"led!UW re* *ast* entitled, *s an act to alleviate the condition of debtors, and afford them temporary relief," be, and the same is hereby repealed. Security may ®Ee* n& &e & farther enacted, That if any security taken in virtue of this act, proceed a- hath good grounds to believe that the defendant for whom he is or may be bound, bath Fftinst his principal by removed or absconded, or is about to remove or abscond frcm the county, and makes he^pprehends °at^ thereof before any justice of the peace, may proceed against bis, her or their prin- his removal, cipal, as in eases of attachment. BENJAMIN WHITAKER, Speaker ofthe House of Meprcsetuoiites. HENRY MITCHELL, President of the Senate. , Executive Department, Georgia, Assented to, 20th December, 1808. JAXIED IRWIN, GOVEKITOE. PASSED IN THE YEAIO808. 449 AN ACT* (No. 335.) To incorporate the Savannah Poor House and Hospital Society. ~SV HEREAS it appears from the joint memorial of the justices of the inferior court of Chatham county, and of the mayor and aldermen of the city of Savannah, Preambl that the county of Chatham, containing within its limits a commercial city, much resort- ed to by the citizens of this State, and adventurers from the different parts of the world, is exposed to the burthen of those afilicted with poverty, disease and infirmity, in a much greater degree than the other counties of this State ; that no adequate provision has yet been made for their succour aud support in times of accident, sickness, and distress; that the said justices and mayor and aldermen aforesaid, have united their efforts in commencing an establishment for alleviating the condition of the poor, sick and infirm, of all descriptions, whom Providence may cast upon their protection, and have accepted the offer of the faculty, who have proffered their medical services promptly and gratuit- ously ; and that a number of respectable citizens of the city and county aforesaid, have, with benevolent and disinterested views, subscribed liberally for the support of a poor house and hospital, and there is a prospect of further considerable donations from many other humane and benevolent persons; Wherefore, for the purpose of promoting and encouraging the above mentioned humane, laudable and necessary institution, Sec. 1. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, it is hereby enacted, That William Smith, Edward Hardin, John P. Williamson, Edward Stibbins, William Stephens, John Miller, Joseph Habersham, William Woodbridge, Hugh M'Call, Rich- The Savan- ard Wayne, senior; Gordon J. Seymour, Philip D. Woolhopter, George Anderson, Jer- houseShos- emiah Cuyler, Lemuel Kolloek, William Parker, John Grimes, John Lawson, William Plla\ incorP°- * rated. Cocke, Thomas Schley, Oliver Sturges, John Hunter, Alexander Hunter, Abraham Richards, Silas Richards, Benjamin Burrows, James Johnston, junior; John Caig, Andrew Knox, Benjamin Pope, William Taylor, William Scarborough, junior; Elea- zar Hand, Joshua E. White, Steele White, Ebenezar Stark, Francis XI. M'Leod, George IXarrel, Robert Mitchell, Fyngal T. Flyming, Joseph Carruthers, Ogden, Ogden Baker, James Dixon, Nathaniel G. Rutherford, Catherine Grimes, Henrietta Trezevant, Ann Rutherford, Morris Miller, Benjamin Wall. Adam Cope, Benjamin Ansley, John Shelman, Thomas Rice, James Marshall, David Taylot1, Charles Maehin Samuel Barnett, John Bacon, Philip Box, John B. Mars, Henry Harden, Howard, * See act of 1809, No. 482, amending1 and repealing this act. 1 3 uO, lj,\AVS OF GEORGIA, Their sfile. (No. 335.) < Phelps, William Gaston, Joseph Da\is, David Leion, Zachamh Miller, Benja- min Story, John II. Deubell, C. H.Fisher, George Dantsman, James Bilbo, James T. Coit, John Mac Person Berrian, Joseph Bryan, Thomas Telfair, and Francis Curvoisei, senior, and such other persons as shall become members of the corporation hereby erect- ed, by subscribing and paying annually into the treasury thereof the sum of ten dollars, shall be, and they are hereby declared to be a body corporate in l/ame, and in deed, by the style and denomination of the " Savannah Poor House and Hospital Society," and by the said name and style, shall have perpetual succession of officers and members, and a common seal to use, and shalLhave full power to make, alter, amend, and change such bye laws as may be agreed upon by the members of the same; Provided, such bye laws be not repugnant to the laws or eonstitution of this State, nor of the United States. Sec. 2. Jlnd be it f urther enacted by the authority aforesaid, That they shall have full power and authority, under the style and name of the " Savannah Poor House and i^lKicky andSj Hospital Society," by which name they shall sue, and he sued, in any eourts of law or phviledires. equity in this State, and to take, and to hold and enjoy real and personal property, to sue for, and recover all such sum or sums of money as now are, or hereafter may be come due to the said society, at any court of law or equity, or at any tribunal baling jurisdiction thereof; and the rights and privliedges of the said society in any court, or at any tribunal whatever, to defend, and also to receive, take, and apply, such bequests or donations, as maybe made to, and for the uses and purposes intended by th 3 said* institution, and shall be, and are hereby declared to be vested with all the powers and advantages, priviledges and emoluments of a society of people, incorporated for the purposes and intentions of their laudable institution. Manag rs.tr> ^EC* ^ further enacted by the authority aforesaid, That for the purpose be appointed of carrying fully into effect the benevolent designs of the aforesaid institution, there manner^1"1' shall be twelve managers of the said poor house and hospital, from whom there shall be taken a president, a treasurer, and a secretary; all of which officers, viz: president, managers, treasurer and secretary, shall he chosen by the members of the corporation, or their successors, or as many of them as shall assemble at the hospital; or at any other convenient place, according to notification on the first Monday in January in each year, when a majority of those present shall have power to elect by ballot or otherwise, as may Their powers. directed by the bye laws of said corporation; the board of managers, thus elected, shall haye power to choose six or more physicians and surgeons to attend the institution, after such manner as they may direct. See. 4. Jlnd be it further enacted by ihe authority aforesaid, That in order to aid in promoting a scheme so benevolent and humane, the said poor house and hospital society, be, and they are hereby invested with the use and appropriation of the poor tax of the county of Chatham, and of the escheated property that may accrue in said eoun- PASSED IN THE YEATi 180S. &51 ty, under the same rules, regulations and restrictions, and witli the same reservations (No. 335.) as to the right of heirs of the deceased, as property escheated is held by the State; any thing in the escheat laws of force in this State to the contrary notw ithstanding. BENJAMIN WIIITAKER, Speaker of the House of Representatives, J1ENRY MITCHELL* President of the Senate, Executive Department, Georgia, .Assented to, 10th December, 1808,. JARED IRWIN, Govern OR,. AN ACT (No. 336,) Amendatory of the seventh section of the Judiciary Act, passed the Ipth day of February, 1799, IIEREAS instances are frequent of notorious felons and others escaping from Preamble, justice, from a defect of legal precision, and a want of technical form in the mittimus, to the great injury of the community | for remedy whereof,. Sec. l. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, That when a felon or fe]on or other person, charged with the commission of a crime, shall have been committed to jail, and shall be brought up before a judge of the superior court, or justice or justices reason of ade, of the inferior court, by writ of habeas corpus, he, she, or they, shall not be admit- mittimus, ted to bail, or discharged from prison, merely'by reason of such defect of legal precision, or want of technical form in the mittimus as aforesaid ; but the court shall, in all such cases, proceed and determine as if the said mittimus had all the legal and technical form any law or usage to the contrary notwithstanding: Provided, the felony or oilier crime of which he, she, or they are accused, together w ith the time and place, when and where Proviso, such felony or other crime have been committed*, shall be plainly and clearly set forth in the said mittimus, BENJAMIN WIIITAKER, Speaker of the House of Representatives, HENRY MITCHELL, President ef the Senate, Executive Department,. Georgia, Assented to, December, iSOSo, JABED IBWIN, Govsrsqb* ^2 LAMS OF GKOtiGXA, (No. 357.) AN ACT Manner of a- voiding,grants obtained 011 fraudulent draws in the late land lot- tcries. To point out the mode of rendering void all grants, or other proceedings, founded orb false or fraudulent returns, made by persons not entitled to dratcs in the late land lotteries, and to repeal an act passed at the last General Assembly, on that subject. ®EC* 55 E it enacted by the Senate and House of Representatives in General Asscm- bly met, That from and after the passing of this act, it shall be the duty of the clerks of the superior courts, whenever application is made for that purpose, to issue a scire facias, in the name of the governor, for the time being, and his successors in office, against any person or persons who may be charged with having made false or fraudulent returns, for the purpose of obtaining draws in the late land lotteries of this State, which sci. fa. shall fully, distinctly and clearly set forth the grounds of the charge or charges, and shall be served on the defendant if within- the county, wherein such fraudulent return was made, twenty; days before the meeting of the court to which the writ may be return- able ; if not within the county,, a notice shall be published in one of the gazettes in the judicial circuit, at least six months, requiring all persons having any interest in the land in question, to come forward and make themselves parties in the cause, and to answer, the allegations, and shew cause* if any they have, why the proceedings which may have been had under the false or fraudulent return or returns,, or the grant itself, if the grant is issued, shall not be set aside and made void. "Where theju- ry find for the state what to be done. Sec. 2. And be it further enacted, That where a jury shall, in any such case re- turn a verdict for the state, it shall be the duty of the presiding judge of the court to grant a judgment, or order thereupon, declaring that all proceedings that may have taken place in conseqiience of the false or fraudulent return or the grant, if the same has been issued, are set aside, , as.fully as if such proceedings or grants had never been had or obtained ; and it shall be the duty of the. clerk of the court to give out a certified copy of the whole record to the prosecutor, or his or her attorney, whose duty it shall be to lodge the same with the secretary of state,, within sixty days thereafter. All suits un- der this act to be commenc- Sec. 3. And be it further enactedThat all suits or actions, to he commenced under the provisions contained in this act,, shall be commenced within one year from the passing ed in one year. 0f this act,. and not after.. The burthen of the proof to be with the prosecutor. The prose- cutor to have half the lands in case of re- covery. Skc. 4. And be it further enacted, That in all such cases the burthen of the proof, shall rest with the state,. of the person prosecuting in behalf, of the state. Sec. 5. And, be it further enacted, That any person or persons who may prosecute in behalf of the state, , as aforesaid, and obtain an order for setting aside any proceedings or grants as aforesaid*, shall be entitled to one half of the lands, which shall be laid off PASSED IN THE YEAH 1808. 453 to him by the surveyor of the county according to quantity and quality; and the part to (No. 337.) he reserved for the state, shall be decided by lot, in a fair and equal manner—provided, that all costs attendant on the cause, shall be paid by the prosecutor. Provided he pays all costs. Sec. 6. Jlnd be it further enacted. That the act passed on the tenth day of Decern- her last, entitled " an act to point out the mode, and punish such persons as have made fraudulent returns under the former laws disposing of the territory lately acquired from the Creek Nation, he and the same is hereby repealed. The act of 1807 repealed BENJAMIN WIIITAKER, Speaker of the House of Representatives. HENRY MITCHELL, President of the Senate, Executive Department, Georgia, Assented: to, 22d December, 1808. JARED IRWIN, Gove uxor, AN ACT To alter so much of an act, entitled " an act to regulate the pilotage-of vessels to and from the several ports of this State, so far as relates to the number of commissioners therein named, for the port of Savannah (No. 338.) HERE AS the aforerecited act limits the number of commissioners for the port of preamble. Savannah to live, and from.experience they have been found too few j for remedy whereof, Sec. 1. BE it enacted by the Senate■ and House of Representatives of the State of Georgia, in General Jlssembly met, and by the authority* of the same, That the several persons herein after named, be, and are hereby appointed commissioners of pilotage for the port of Savannah, viz -.—.John P. WilliamsonJohn Cummins, John H. Morel, John Bolton, James Johnson, George Anderson, Andrew Knox, Francis Doyle, and John Y. White : three of each respectively are. hereby declared to he a quorum ; provided, such three constitute a majority of such commissioners as may be at the time within the limits ©f Savannah; which said commissioners are hereby declared to be fully vested with all the powers and authority as recited in the act, entitled, " an act to regulate the pilot- age of vessels, to and from the several ports, of tills State," passed on the 6th day of December, 1799,. and so much, of said act as relates to the number of commissioners, be, and is hereby repealed. BENJAMIN WIIITAKER, Speaker of the House of Representatives> HENRY MITCHELL, President of the Senate, Executive Department,.Georgia, Assented to, 30th November, 1808. JARED IRWIN, Governor. Commission- rrs of pilotage in the city of Savannah in- creased. 45i LAWS OF GEORGIA, (No. 3.j9.) AN ACT Fainting out the duly of Sheriff's, in selling lands under execution. Written no- g£C ± "IPg tice must be * * JjE it enacted hij ilic Senate and House of Representatives of the State of given by the * sheriff when Georgia, in General Jlsscmbhj met, That it shall hereafter be the duty of the sheriffs hmcl0tc>S the severa* counties in this State, when they levy any execution on land, to leave a person own- written notice of the said levy with the ow ner, if in the county, or tenant in posses- sion of any, or transmit the same to him, her, or them, in five days after such levy. ing, or m pos- session. No Sheriff Sec. 2. And he it f urther enacted, That it shall not hereafter be lawful for any eut^ol^1 his^S sheriff within this State, to levy upon, or sell any land which lies out of the county of county. w hich he is sheriffany thing in any law to the contrary notwithstanding. Must adver- tise in the cir- gEc. 3.^ And be it further enacted, That it shall be the duty of the sheriff aforesaid, cuit where the . gales are to be to advertise their sales m some public gazette, within the judicial circuit where such Proviso, sa^s are intended to be made ,• Provided there is such a gazette w ithin the same. BENJAMIN WIIITARER, Speaker of the House of Rqiresentatb'cs, HENRY MITCHELL, President of the Senate [{Executive Department, Georgia, Assented to, 22d December, 1808, * JARED IRWIN, Governor,, (No, Sio.) AN ACT Supplemental to the several tax laws of this Stale, Sec. 1. ^ by the General Assembly of the Stale of Georgia, That in ali Defaulters ^ may make re. cases where the owners of taxable property shall be in default for one or more jears, clerkofthein^ aiK* such property hath not been seized or sold, that it shall be lawful for the owner or tenor court, 0Vlrners thereof, his, her, or their agent or attorney, to make a return thereof to the * This section amended by act of 1810, No. 521, which directs the sales in Franklin and Lincoln to be pub- lished in Augusta; Hancock and Washington in Milledgeville, and Montgomery and Tatnall in Milledg > j11<* ®r Savannah. PASSED IN THE YEAR 1S0S. 455 clerk of the inferior court, where surli defaulter or defaulters, his, her, or their agent (No. 310.) or rt.orney may reside ; and it shall he the duty of such clerk to enter the same in the The clerk's book or digest of the taxes of the year when such return shall he made, and to furnish cluT the collector of such year with a copy thereof, whose duty it shall be to receive the amount of such taxes, and pay the same over to the treasurer of this State, on or before the day of closing his accounts of that. year. Sec. 2, Jlnd he it farther enacted, That there shall he levied and collected, five Lottery ticIt per centum on the amount of sales of all lottery tickets in lottery schemes of other States, ets, out of the State taxed 5 sold or disposed of in this State, for which the person or persons making sale of tickets per ^nt. shall he answerable. Sec. 3. Jlnd, he it further enacted, That it shall be the duty of clerks of the seve- ral courts where property shall have been or may hereafter he returned by defaulters, to transmit a copy thereof to the comptroller general, on or before the first day of October in each and every year; and also to furnish the tax collector for the time being, with a copy of all such returns as have been made and not heretofore transmitted, as well as those which may hereafter be made $ and it shall be the duty of the collector for the time being, to receive and pay over as aforesaid, all such monies as may appear to he due on such returns; any law to the contrary notwithstanding. Provided, such property has not been assessed with double tax, or noted by the pro- per officers as being in default. And provided also, ThaLsuch returns and payment of taxes shall not be construed to effect any seizure or sale that has been, or hereafter may be made. Sec. i. Jlnd he it further enacted, That the said Clerks, shall be entitled to receive the sum of fifty cents for each year on every Teturn so to be made as aforesaid, to be ^euchcaS paid by such defaulter. BENJAMIN WHITAKER, Speaker of the House of Representatives* HENRY MITCHELL, President of the Senate. Executive Department, Georgia, Assented to, 22d December, 1808. JARED IRWIN, Governor. Property so returned to be transmitted by the clerk to the collec- tor and comp- troller. Duty of the collector. Proviso. Proviso. 451 LAWS OF GEORGIA, (No. 341.) AN ACT To repeal apart of the ninth section of an act, to lay out and identify six new counties, out of the counties of Baldwin and Wilkinson. Sec 1"1-^ * * a BE it enacted by the Senate and Mouse of Representatives of the State of beheld in the Georgia, That so much of the above recited act, as authorizes the holding the courts for state-house, the county of Baldwin, at the state-house in Milledgeyille, be and the same is hereby repealed. BENJAMIN WHITAKER, Speaker of the House of Representatives HENRY MITCHELL, President of the Senate. Executive Department, Georgia, Assented to, 22d December, 1808. JARED IRWIN, Governor. (No. 342.) AN ACT To alter and amend an act, entitled, « Jin Act to repeal an ordinance passed at Augusta, the txventy sixth day of January, one thousand seven hundred and eighty-six, so far as respects fixing the seat of the University of this state ; and an act for the more full and ■complete establishment of a public seat of learning in this state, so far as respects theap- pointment of Trustees, passed at Savannah the twenty-seventh day of January, one thousand seven hundred and eighty-five, and to appoint a board of trustees, and to define the board of visitors, and to fix a permanent seut for the said university. IIEREAS, it hath been found inexpedient for the Senatus Academicusto convene Preamble, in the state-house, during the sitting of the General Assembly, as tlieir meetings at suoh. time tends to interrupt Legislative deliberations: Andtvhereas, it will be inconvenient for the senators from the several counties in this state to convene at the University, to per- form the duties assigned for the board of visitors: for remedy whereof, Sec. 1. BE it enacted by the Senate and House of Representatives of the blate of poseti-eboard Georgia, in General Assembly met, That from and immediately after tlie passing of this of viskors. act, That his Excellency -the Governor, the Judges of the Superior Courts, the Presi- PASSED IN THE YEAR 1808. *S7 dent of Senate, and Speaker of the House of Representatives* shall form and compose (No. 342.). the board of visitors*. Sec. 2. Jlnd he it further enacted, That the Senatus Academicus shall meet annually on the first Monday in August* at Franklin College* at which time and place the board of trustees shall lay before the Senatus Academicus* a full and. correct statement of all their funds* accounts and expenditures* up to the first day of August in each year* and shall also lay before the General Assembly at their annual meeting* yearly and every year* a full and correct statement of all their actings and doings* touching the affairs of the said University, And wheueas* the board of trustees hath- heretofore consisted of the number of thirteen, which number is deemed to be too unwieldy and expensive; for remedy whereof* Sec. 3. Be it further enacted, and it is hereby provided, That, in case any vacancy shall hereafter happen in the said board, it shall not be lawful for the trustees to fill such vacancy until their number shall be reduced to seven* which number shall compose the board of trustees* and be vested with all the powers as is pointed out in the above recited acts as heretofore in force; which board* or a majority of them* in such case shall be competent to do and perform all the duties assigned to the board of trustees of. the University of Georgia. BENJAMIN WHITAKER, Speaker of the House of Representatives* HENRY MITCHELL, President of the Senate. Executive Department* Georgia*. Assented to* 22d December* 1808. JARED IRWIN, Goyeiuvo*. AN ACT* (No. 343.) J&or the better regulation of trverns and shop-keepers; and more effectually to prevent their trading with slaves. r WHERE AS it hath been the custom with tavern-keepers and retailers of merehan- PreaTnble> dize* under the denomination of shop-keepers* to encourage the slaves of the citizens of this state* to sell unto them a quantity of provisions and other commodities* and in. jcturn* to pay unto them spirituous liquors* Ac. without the consent or license of the * This act repealed by act of 1810, No. 550, which see. KA The Senatus Academicus where to meet- The duty of the board of trustees. The board of trustees to be reduced. 45S LAWS OP GEORGIA, (No. 3iS.) owner, or owners of such slave or slaves, by which the owners of such slave or slaves* are and may be great sufferers, should such pernicious practices continue. fehop keepers Sec. 1. Be it therefore enacted by the Senate and House of Representatives of the State takeout^ ° true tions. trap or other obstruction from the mill of Seaborn Jones, Esquire, to the mouth thereof. Sec. s. And be it further enacted, That any person or persons offending against Penalty for this act, by placing obstructions aforesaid, or continuing those obstructions which alrea- eThls^tius1" dy exist, shall be subject to a fine not exceeding three hundred dollars, to be recovered law. in aily COurt of law, having competent jurisdiction ^ one half to be for the benefit of the informer, the other half for the benefit of the State; and it shall be the duty of the proper officers, residing on the said river or creek, where the same may happen, to prosecute the offender or offenders. BENJAMIN WHITAKER, Speaker of the House of Representatives, HENRY MITCHELL, President of the Senate. Executive Department, Georgia, Assented to, 22d December, 1808. JARED IRWIN, Governor. (No. 346.) AN ACT To regulate Toll Bridges, 2?ei*rics and Turn Pike Roads. Rate of toll Cpr* i H-l£ fo be put up * JO E it enacted by the Senate and House of Representatives of the State of SfariSEkS! Georgiaf in General Assembly met, That from and after the first day of January, eigh- teen hundred and nine, it shall be the duty of every and all proprietors of toll bridges, ferries and turnpike roads, to fix a board in a conspicuous situation on each bridge, turn- pike gate or landing place, held by him or them ; the board to be painted black, with legible characters written white on the same, noting the different rates of toll or ferriage (as the case may be) allowed by law 5 in case of any proprietor or propietors, neglecting so to do, he or they shall not be entitled to the toll or ferriage accruing from such bridge, ferry or turnpike road. BENJAMIN WHITAKER, Speaker of the House of Representatives. HENRY MITCHELL, President of the Senate• Executive Department, Georgia, Assented to, 22d December, 1808. JARED IRWIN, Governor, PASSED IN THE YEAR 1808. 4iii Preamble. AN ACT {No. Sir.) To keep open the main channel of Broad river, from the confluence of the same with the Savannah river, to the mouth of Blue Stone Creek.* HEREAS many of the citizens of the counties of Wilkes, Oglethorpe, Elbert, Jackson and Franklin, are improperly and unjustly restrained from partaking of the advantages and benefits which nature has ordained and granted them, by a number of persons whose interest it has become to obstruct and hinder the passage of fish up Broad river, by stopping the current and stream, in divers places, by fish dams and traps, so as really to become a monopoly to individuals, and detrimental to the inhabitants bordering on said river: And whereas divers persons, inhabitants of the counties aforesaid, have already subscribed a considerable sum for the purpose of opening Broad river, and others it is expected, will willingly subscribe to so valuable an object, whereby they may eonvey their produce to market with more ease and convenience. Sec. 1 .BE it therefore enacted hy the Senate and House of Representatives, of the ^ ^ State of Georgia, in General Assembly met, and it is hereby enacted by the authority of to be kept o- the same, That it shall not be lawful for any person or persons to stop or keep stopped the main sluices of Broad river, from the confluence of the same with the Savannah river, up to Coleman and Anthony's mills; but the same is declared to be at least one fourth part thereof, including the main channel, a free passage for boats, rafts or fish. pen to Antha- ny's mills. What part of said river, at Sec. 2. And be it further enacted by the authority aforesaid, That all that part of Broad river commonly called the Middle river, running between Coleman and Intho- ny's mills, shall, before and after its junction with either of the rivers on which the said mills are erected, be, and is hereby declared to be a free passage for fish, boats or rafts, and to be clear of all and every obstruction whatever, to the final junction of all be kept open, its parts with the main river aforesaid. Sec. 3. And be it further enacted, That it shall not be lawful for any person or persons to stop or keep stopped the main sluices of Broad river, from Coleman and An- And from An- thony's mills up to the fork of the said river, and up to the north fork of the same, to the to°theS mouth mouth of Blue Stone Creek; but the same is hereby declared to be at least oue fourth Stone part thereof, including the main channel, a free passage for fish, boats or rafts; any person or persons who shall stop, cause to be stopped, or keep stopped any part of the said Broad a-°r river, which is declared by tfiis act, to be a free passage for fish, boats or rafts, shall gainst this law forfeit the sum of fifty dollars for every day such artificial obstruction, now in meaning of this act, shall remain nnremoved, to be recovered in any court of record having * See act of 1809, No. 448, to open Broad river from its confluence with Savannah river, up to the mouth of Hudson's river in Franklin county.—See also act of 1810, No. 547, incorporating a company for this purpose. 462 LAWS OF GEORGIA, (No. 347.) cognizance thereof; one moiety thereof to any person or persons who shall inform, pro- How applied. secute an president of the board of managers of the Savannah poor house and hospital society, for tate of Bethea the time being ; the chairman of commissioners of the Chatham academy, and the may- beso°ld?&? or of the city of Savannah, for the time being, or a majority of them, to sell and dis. pose of all. the real and personal property of the said Bethesda "college or orphan house (No. 349.) Preamble. *** LAWS OF GEORGIA, (No. 349.) estate, on the most advantageous terms that maybe obtained for the same, and to make titles to the purchasers thereof j and after the trustees of the orphan house estate shall have retained a sufficiency to pay any just debts that may be due and owing from the said The proeeccb orphan house estate; and also retained a sufficient sum to pay any debts that may be io how applied, htjg^tion until decision at law on such claims,, when such sum retained shall be applied agreeably to such legal decisions, to apply the nett proceeds a& follows, that is to say: one fifth of such nett proceeds to the uses of the Savannah poor house and hospital soci- cty i and the remainder of such nett sum, one half thereof to the Union society in Savannah ; and the other half to the Chatham academy, to aid their funds for the iastrue- tion of youth generally. The proceed- ings of the gEc. 2 jinn ie ft further enacted, That the aforesaid herein authorized persons persons autlio •» * rised to sell shall, after carrying this act into execution, file their proceedings in the executive office wherirTtT be of this State for public information. filed. The Chatham Sec. 3. And be it further enacted, That the commissioners of the Chatham academy support five shall,. in consequence of this donation, support and educate at least five orphan children orphans. from its funds, as soon as it shall receive the property herein vested in said institution. trusses. Sec. 4. And be it further enacted, That nothing in this act shall be construed college, still to defeat the responsibility of the present trustees of the. Bethesda college, under an act responsible. pasged December, 1791. This tojbe a Sec. 5. And be it further enacted, That this act shall be held a.publie act. public act. BENJAMIN WHITAKER, Speaker of the House of Representatives* HENRY MITCHELL, President of the Senate.. Executive Department, Georgia, Assented to, 22d December, 1808, JARED IRWIN, Governor. (No. 350.) AN ACT Authorizing and requiring the conveyance of a lot on the common of Augusta, to certain trustees, and their successors, for the purpose of building a new Church, andtaineor* porate the trustee s of said church. The trustees « • \ ,TD& of ^e^ch- • • jfjE it enacted by the Senate and House of Representatives of the State of my, authoria- Georgia, in General Assembly met. That the trustees of the Richmond county academy certain lot, to and they are hereby authorized and required to convey l>y proper deeds to JohnTay- ■whom and for *vhatpurpnae% PASSED IN THE YEAE 1808. lor, James Pearre, John Wilson, the elder; Thomas Cumming, John Campbell, John (N». S50.) B. Barnes, and William White, who have been named Trustees of the said church, by the persons associated for the purpose of defraying the expense of building the same, all that parcel of ground heretofore designated and set apart by the trustees of the said Richmond county academy, being situated and bounded as follows:—On the north by Telfair street; on the east, by the road leading from Washington street, to Savannah; on the west by MTntosh street, and on the south, by a line to be drawn parallel to, and distant from Telfair street aforesaid, three hundred feet, being a part of the said town common. Sec. 2. And be it further enacted, That the said John Taylor, James Pearre, John Wilson, the elder, Thomas Cumming, John Campbell, John B. Barnes, and William meci and White, and their successors, shall be, and they are hereby declared to be a body corpo- eorporated. rate, bj the name and style of the Trustees of Christ Church in the City of Augusta," Their 5t-vf? to have and use a common seal; with power to sue and be sued, plead and be impleaded, and to acquire, have, hold, and enjoy real and personal property, for the sole use and benefit of the said church. How trustees Sec. 3. And be it further enacted, That the trustees of said church, shall continue in JLAUVV iiuaiccd office until the first day of January eighteen hundred and ten: on which day, and on the in future are first day of January in every year thereafter, the subscribers to the said church, shall ^be aPPou,tr meet at St. Paul's church, (until the new church is prepared) in the city of Augusta, and proeeed to elect by ballot or otherwise, seven trustees of the said church, who shall be vested wich all the powers of their predecessors: Provided, nothing herein shall pre- vent the re-election of any trustee. Sec. 4. And be it further enacted, That the said trustees, and their successors, shall have power to fill all vacancies which may happen in that body from time to time, by resignation, removal from the county, death or otherwise. Trustees to fill their o\yn Sec. 5. And be it further enacted, That no person who resides out of the county of To be a trus. Richmond, or who is not a subscriber to said church, shall be a trustee. * eligible.0 "0t BENJAMIN WHITAKER, Speaker of the House of Representatives. HENRY MITCHELL, President of the Senate• Executive Department, Georgia, Assented to, 16th December, 1808. J ABED IB WIN, GOVEKJTOR, L3 4 LAWS OF GEORGIA, (No. 351.) AN ACT To cede jurisdiction over lands acquired l>y the United States* for the* purpose of erecting Fortifications in this State. ®EC* *• J|e it enacted by the General Assembly of the State of Georgia, That from cededS purpose of erecting forts or fortifications in this State: Provided, the said United States do, or shall cause forts or fortifications .tQ .be erected thereon.^ BENJAMIN WHITAKER, Speaker of the House of Representatives* HENRY, MITCHELL, President of the Senate.. Executive Department, Georgia, w Assented ;to, 22<1 December, 1808^ JARED IRWIN, Goveknoil„ (No* 352.) AN ACT To amend an , act, to authorise Ebenexar Jencks, to erect a turnpike gate, on the road leading from Joshua Loptrs,. in the county of Effingham,, to Savannah,. and for other purposes therein contained, W Preamble. T * IIEREAS great impositions have taken place-on the said road, for want of suffi- cient gates to secure the tolls, by said -act allowed, to be collected, whereby the good, intentions of said apt, are in a great measure defeated; and the said Jencks, deprived of an adequate compensation, for the great expense which has arisen in procuring the said road to be made, and in keeping the same in repair ;, k, Jencks ai- Sec. 1. BE it therefore enacted by the Senate and House of Representatives of the an* additional State of Georgia, in General Assembly met, and by the authori y of the same, it is here- 6 turn* ^ enacted, That from and after the passing of this act, he the said E. Jencks, his heirs, pike road. executors, administrators or assigns, shall be authorised and. empowered, to erect and maintain on the road aforesaid, a turnpike gate, in addition to that already erected;. PASSED IN THE YEAR 1808, 467 and that he or they, may cause the same to he placed on any part of the said road, as in his (No. 352.) or their judgment, may best secure the collection of the toll, provided for by the act aforesaid; Provided, said gates shall not be so placed as to obstruct passengers in Pr0Vls0, passing the public road, leading from Savannah to Augusta; and provided such gate Proviso, shall not stop the road, leading from Joshua Lopers, to the Big ferry on Ogechee; Jlnd Proviso provided also, that nothing in this act shall be construed, to enable said Jencks, or other persons to collect any other, or greater tolls in the Avhole distance of said road, than such, and at such rates as are allowed pnd established by the act aforesaid; any thing in -this act contained, to the contrary notwithstanding. Sec. 2. And be it further enacted, That any person who shall travel the distance persons leav- of five or more miles on said road, and afterwards leaves it for the purpose of evading affer "travel- payment of the toll, by said act allowed, shall forfeit to, and for the use of the State, for Jofvid^the every such offence, the sum of ten dollars. toll, to pay to dollars. Sec. 3. Jlnd be it further enacted, That any person who shall open, or aid or assist °/ openmf * roads to evade in opening a public road, that shall.be evidently calculated for the purpose of evading the toll allow- payment of the tolls, granted by the act aforesaid, shall forfeit and pay to for the topajfgToo^ use of the State, the sum of one hundred dollars. Sec. 4. Jlnd be it further enacted by the authority aforesaid, That all fines and forfei- where the Cures, incurred by this act,-shall and may be recovered in any court having cognizance be thereof* BENJAMIN WHITAKER, Speaker of the House of Representatives. HENRY MITCHELL, President of the Senate. Executive Department, Georgia, Assented to, 17th December, 1808. JARED IRWIN, Governor. AN ACT For incorporating the Thespian Society and Library Company of Jlugusta. (No. SB3.) W HEREAS an association exists in the city of Augusta, known by the name of ijie Thespian Society, and organized for the purpose of establishing a public library. Preamble. LAWS OP GEORGIA* (No. 853.) Sec. 1. BE it therefore enacted by the •Senate and House of Representatives of- the State of Georgia, in General Assembly met, and it is hereby enacted by the authority Thespian SO- of the same, Thai Robert M'Rae, Richard Wilde, Daniel M'Murphey, Samuel Hale, ratedinCOrP°" Abl,aham Leggett, Henry L. M'Rae, JohnU. Shinholser, Joseph W. Jarvis, James fa ' Wilde, Zaehariah Rossel, junior, Daniel Savage, Willoughby Barton, 4ibert Brux, Thomas I. YVray, and John B. Barnes, whosoever they may afterwards admit, and their successors, shall be, and are hereby declared to be a body corporate, by the name and style of the " Thespian Society and Library Company of Augusta." Sec. 2. And he it further enacted, That the said Robert M'Rae,; Richard Wilde, Daniel manner of pro M'Murphey, Samuel Hale, Abraham A. Leggett, Henry L. M'Rae, John U. Shinholser, Pert7- Joseph YV. Jarvis, James Wilde, Zaehariah Rossel, junior, Daniel Savage, Willoughby Barton, Albert Brux, Thomas I. YVray, John B. Barnes, and their successors shall be, and they are hereby invested with all manner of property, both real and personal, all donations, gifts, grants, hereditaments, privileges, and immunities whatsoever, which may belong to the said Thespian society at the passing of this act, or which may hereafter be made, conveyed or transferred to them or their successors, tohaveand to hold,, for the proper, wse, benefit and behoofiof said society* Sec. 3. And also, That the persons above mentioned," and their successors,, shall erJanTcapa^ an(* are hereby declared capable of suing and being sued, pleading and being implead- ed, granting and receiving by their corporate name,, and doing all other things as natural, persons may, and also of framing bye laws for their own. government, which shall be > binding in all cases* where the same are not contrary to the laws of this State, or the* ordinances of the city council o f Augusta. Sec. 4. And be it further enacted* That the members of (he Thespian soeiety shall' meet once in every three months, at such place and hour as they may appoint, then and there to elect proper offieers, whose duties and titles shall be pointed out by the bye laws of the society, which bye laws shall be framed, altered and amended by the majority. Sec. 5. And be it further enacted, That this act shall be deemed and taken as a; public act in all the courts of law and equity throughout this State* BENJ4MIN WUITAKER, Speaker of the House of Representatives*. HENRY MITCHELL, President of the Senate*- Executive Department, Georgia, Assented to, 17th December, 1808* The time & manner of e- lecting their officers. Their bye- luws. JARED IRWIN, Governor. passed in tie-tear isoa. AN ACT JFor establishing a ferry over the river Jtlatamaha, at Fort Harrington» Sec. 1. ^ enacted by the Senate and House of Representatives of the State of Georgia, irr General Assembly mdf That from and after the passage of this act, the heirs and representatives of William M'Intosh, on the one part, and William O'Neaj, i.,^jeXiJ«in. on the other, are hereby authorised to keep a ferry across the' river Alatamaha. at the plai e commonly knownHby the name of Fort. Harrington, and to hold and occupy the amaba. profits and advantages for and during, the term of ten years, at the following rates, to wit: For* a loaded waggon and four horses, one dollar; for an empty waggon and four hordes, seventy-five cents; for all other four wheel carriages, one dollar: for a cart, Rates of toll* thirty-seven aed a half cents; for other two wheel carriages, seventy-five cents; for lean a d horse, twelve and a half cents;, for all led horses, twelve and a half cents; for each foot passenger, six and a quarter cents; for eaeh head of cattle, six and one quarter cents; for each head of hogs, sheep or goats, two cents. Sec. 2. And be it further enacted, .Thatwhenever the fresh shall be so high as to com- ^ ^ pel either of the parties to have to go long ferriage, they shall receive the following rates ter the rates of ferriage, to wit: for a loaded waggon and four horses, four dollars ;. lor an empty wag- °*ferna£S* gon and four horses, three dollars; for all other four wheel carriages, three dollars 5 for a cart and one horse, one dollar fiity cents; for all other two wheel carriages, two. ^ dollars ; for a man and horse, one dollar; for all led or drove horses, fifty cents each ; for every foot passenger, twenty-five cents.., BENJAMIN WHLTAKER, Speaker of the House of Representatives*. HENRY MITCHELL, President of the Senate, Executive Department, Georgia,. Assented to, 22d December, 1808„ JAREO IRWIN, Governor* an act (No,. 355.}; To divide the county of Laurens, and to form one other new county. Sec, 1 Bit • A3 El it enacted by the Senate and House of Representatives of the State of Laurens coun- Georgia, in General Assembly met, and by the authority of the same, That a new county ^w counfy shall he laid off. out of part of the county of Laurens, in the following manner, that is to lai(1 off- 47"0' LAWS OF GEORGIA, (No. 355.) say, beginning on the Ocmulgee River, at the upper line of Laurens county, thence along said line to the centre between Ocmulgee and Oconee rivers, thence a direct course to the centre line dividing Laurens and Telfair counties, thence on said line to the Ocmulgee river, thence up the meanders of the same, to the beginning corner on said river; and all that part of Laurens county comprehended within the lines.aforesaid, shall form a new NamedPulas- county known by the name of Pulaski; and that the justices of the inferior court here- ki' after appointed for said county, shall be vested with full power and authority to fix on the Duty of the most convenient place within said county for the seite of public buildings, at which place the courts and elections shall be held as soon as suitable buildings "are erected thereat; and said commissioners or sj, majority of them, are authorized and empowered to con- tract with fit and proper persons for ih * purpose of building a court-house and jail in the county aforesaid, which after at least thirty days notice, shall be let to the lowest bidder: provided, that,until the court-house shall be erected, the elections and courts of enquiry shall be held at the house of Isham Jordon.* saidcminty to ^ec. 2. Jlnd be it further enacted, That all officers civil and military shall hold retain their their respective appointments within the aforesaid new county. commissions. Expense oj Sec. 3. And be it further enacted, That the expense attending the laying off the countyffbyh^ said county of Pulaski, shall be paid jointly by the counties of Laurens and Pulaski, whom paid. BENJAMIN WHITAKER, Speaker of the House of Representatives, HENRY MITCHELL, President of the Senate. Executive Department, Georgia, Assented to, 13th December, 1808. JARED IRWIN, Governor. AN ACT (No. 356.) To appropriate money for the political year eighteen hundred and nine. • Sec. 1. ft enncted by the Sena'e and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, it is hereby enacted, That for the support of Government for the political year eighteen hundred and nine, * The town of Hartford established as the scite for public buildings in Pulaski—See act of 1810, No. 509. PASSED IN THE TEAR 1808. 471 the following sums of money be, and the same are hereby appropriated, that is to say; the (No. 356.) salary of the governor shall be two thousand dollars per annum, and the further sum of governor* *he five hundred dollars for house rent. &c. the secretaries of the executive department, (not Secretaries and Secretary exceeding, two) five hundred dollars each, the secretary of state two hundred dollars, ofstaie. the treasurer twelve hundred dollars*, the surveyor-general two hundred dollars, the Surveyo^aml comptroller general six hundred dollars, the clerk of the house of representatives, three hundred dollars, the secretary of the senate, three hundred dollars ; the judges of the of the House superior eourts, each fourteen hundred dollars, the attorney general and three solicitors atives^ Secre- general, one hundred and fifty dollars each; which said several stims shall be and (hey ^J^Softhe are hereby appropriated for their use, to be paid quarter yearty by warrant from the superior , . courts &c. governor on the treasurer, out 01 any monies not otherwise specially appropriated- Sec. 2. Jlnd be it further enacted, That the Sum of fifteen thousand dollars be, contingent and the same is hereby appropriated as a, contingent fund, subject to the orders of the. fund, governor. Sec. 31 Jlnd be it further enacted, That for the compensation to- the members ofi the House of Representatives and Senate, three dollars each per day during their atten- mt^ers of8 dance* and the sum of three dollars for every twenty miles in coming to, and retur- the ning from the seat of government; and rlie sum of four dollars each to the president officers, of the Senate and speaker of the House 01 Rejfresentatives»during their attendance, and the sum of three dollars each for j^very twenty miles in coming to and returning from, the/seat of government ; to the- clerk of the House of .Representatives and secretary of the Senate, during the sitting of the Legislature, four dollars each per day, and the sum of ninety-two dollars each for Contingent expenses, &c. to the two engrossing and one assistant clerk to the House of Representatives, and two engrossing clerks to the. Senate, four dollars pec day each; to John Forsyth and Elijah Clarke, the sum of one and to other hundred dollars each ; to William Harris, clerk to the committee on finance, sixty dollars Peisons- to Anthony Porter, clerk to the commit^e on the state of the republic, the-sum-of sixty dollars ; to the messenger and door keepers to both branches of the legislature, the sum of three dollars each per day ; to the adjutant-general twelve hundred dollars per annum- Genef.^lltant to be paid quarter yearly ; to Peter Deveaux, tax collector, of Chatham county, the sum twenty-three dollars, sixty-two and an. half cents; the sum of ten thousand dollars, subject to the draughts of the governor, for the purpose of furnishing the quota of the militia of this State, with blankets and knapsacks, whenever they may be called into actual service; to Everett and Evans fcr printing, nine dollars arid fifty cents ; to Dennis L. Rjan, the sum of one hundred and forty-four dollars, for printing the testimony and other proceedings of the high court of impeachment, on the trial of Obadiah Echols, Reddick Simms, and Francis Flournoy ; two thousand and sixty dollars, for defray ing the expenses "of the witnesses on the trial of Echols, Simms and Flournoy, for sum- Biasing the guard, summonsing witnesses, and other expensesj to David M'€ord,.,the LAWS OF GEORGIA, (No. 356.) sum of four hundred dollars; to Daniel Sturgcs, the sum of four hundred and fifty dollars ; to William Robertson the sum of one hundred and five dollars ; to Augustin Smith Clayton, sixteen dollars for his services as clerk in the high court of impeaci- ment; to John Ilimill, for like services, eighty four dollars; to Dennis L. Ryan, three dollars-and fifty cents; to Thomas and Scott, the sum of twenty-nine thousand nine hundred and ninety-nine dollars, ninety-nine cents, on account of what hath heretofore and may hereafter be done in building the State House, they to be accountable on final settlement; to Peter Pliarr, ninety dollars for winding up the clock, keeping clean the stejis and stair case and the entries between the Senate and Representative chambers and galleries; to Thomas II. Kenan, fifty dollars for recording in a separate book the whole proceedings of the high court of impeachment in the trial of Echols, Simms, and Fiournoy ; the sum of three thousand dollars for the State's quota of militia called for by tlie general government, to furnish rations when called out to be mustered and reviewed ; to John II. Mann fifty dollars as assistant clerk in the late im- peachinent; to William Robertson eighty dollars for extra services performed in (he late^ liigli court of impeachment; to the messenger and door keeper of Senate, ten dollars each, for extraserviees; to Josiah Durden, one hundred and thirty-six dollars; to Alexander M'Millan forty dollars and seventy-five cents, and to Sarah Hillhouse, nine dollars eighty- seven aud an half cents, which said several sums are hereby appropriated for their use, to be paid out of any monies which now are, or hereafter may be in the treasury not otherwise specially appropriated. BENJAMIN WIIITAKER, Speaker of the House of Representatives- HENRY MITCHELL, President of the Senate. Executive Department, Georgia, Assented to, 22d December, 1808. JARED IRWIN, Governor (No. S57.) . AN ACT To establish artoll bridge on the Jlppalacliee river. a toll bridge JQ& E it enacted by the Senate anil House of Representatives, in General As* across the Ap " paiachee es- sembly met9 find by the authority of the samef That a bridge already built on a pub* tablished. ^ roa(j |ea(jjng from Greensborough to the county of Morgan, across the Appalachee river, be, and the same is hereby established a toll bridge, in the right of Col. Joseph Philips, his heirs or assigus. E4SSEB IN THE YEAR 1808. Sec. 2. And be it further enacted by the authority aforesaid, That the said Joseph (No. 357.) Philips, his heirs or assigns, shall hold the said bridge, and all the profits arising ^ ^ therefrom, and be entitled to receive, and may lawfully demand from all travellers pass- profits ax eves- ingovGr said bridge, the following rate of toll *For every four w heel carriage, twenty ^toof1 toll-'6 five cents; for each two wheel carriage, twelve and an half cents; for each man and Jiorse (or rider) six and a quarter cents; for each rolling-hogshead, twelve and an half cents; for each and every other horse, cattle, sheep, goat, or hog, one cent per head. Sec. 3. And be it f urther enacted, That the said Joseph Philips, shall give his bond with sufficient security, to the inferior court of Morgan county, under the penalty of br;(^e t'aiife five hundred dollars, to keep the said bridge in good, safe, passable repair (casualties kept in good Stii'c vcpiwr. excepted) until the inferior court of Green and Morgan do co-operate and purchase the said bridge for public use, in terms of the law in such case made and provided. BENJAMIN WHITAKER, Speaker of the House of Representatives, HENRY MITCHELL, President of the Senate, Executive Department, Georgia, Assented to, 22d December, 1808. JAUED IRWIN, Goverxob. AN ACT AT 9Ke, (No. 35S.) To add part of Camden county to the county of JVayne, IIEREAS the Legislature in passing an act, to add a part of the county of Glynn, to the county of Wayne, and to add a part of the county of Wayne to the county of Camden, and to organize the county of Vfayne, did add fully two thirds of the preamble. county of Wayne, to the said county of Camden, which has a tendency very much to retard the population of the county of Wayne, and the citizens thereof have petitioned this Legislature, praying that a part of Camden county, be added to the county of Wayne; for remedy whereof, Sec. 1. RE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That all that part of Camden county, lying west of added to M 3 W"yne' LAWS OF GEORGIA, (No. 358.) a line to be drawn from the ford on the Little Satilla, where the post road crosses the same, to the south end of the plantation of James Fort, so as to include said Fort in Wajne county; thence a direct line to the Buffaloe, where the lower line of that part of Camden, which was formerly known as the lower line of the second dislriei of Wayne county crosses the same; thence up the main channel of the Buffaloe swamp to the Indian boundary line; thence along said line to the line at present dividing the counties of Wayne and Camden; thence along said line to the place of .beginning, which shall be added to, and form a part of the county of Wayne; any law to the contrary notwith- standing. BENJAMIN" WIIITAKER, Speaker of the House of Representatives. HENRY MITCHELL, President of the Senate. Executive Department, Georgia, Assented to, 20ih. December, 1808. J ARE!) IRWIN, Governor. (No. S59.) AN ACT* To incorporate a company for the purpose of opening the Oconee river, and to grant a lottery for that puipose. Sec l ^ E it enacted by the Senate and House of Representatives of the State of A company Georgia, in General Assembly met, That Peter Randolph, Peter Early, Zachariali Simms, to improve & James Turner, Thomas Terrell, Joseph Phillips, James Park, Thomas B. Scott, Ben- gahon of The Jamin Sanford, Robert Pope, Nathaniel M'CIurg, Ezekiel E. Park, Robert Rovston, Oconee river. Thomas W. Grimes, Peter Robinson, Jeremiah Early, Arthur Simms, Oliver Porter, Samuel Harper, and James H. Nicholson, and their associates, be, and they are hereby appointed a body corporate by the name or style ,of the Oconee Navigation Company, by which name they shall sue and he sued, and do all other acts that properly belong to cer- porate bodies, as far as it respects the' opening of the Oconee river, from the town of Milledgeviile to Barnett's shoals on the same river, upon such plan, and at such time or times as the said company, or a majority of them may think fit and proper, to effectually put it in the power of said company to carry the above object into effect. * See act of 1810, No. 527, for the same purpose. PASSED IN THE YEAR 1808. Sec. 2. wind be it further enacted, That they may establish a lottery upov sueli plan (No. 359.) or scheme as a majority may think fit and proper for the purpose of raising fifty thousand vdd dollars, to be appropriated to the purposes aforesaid. purpose. Sec. 3. And be it further enacted, That as soon as the said river is opened, so as to admit boats of a moderate size, they may establish such rates of toll, not exceeding one when they half of the full toll allowed by this act, until such time as the work shall be completely ^fsa^river!1 finished. Sec. n hand, conducive tothc advantage and benefit of the inhabitants of said county. BENJAMIN WHITAKER, Speaker* of the House of Representatives. •' HENRY MITCHELL, President of the*Senate. Executive Department, Georgia, Assented to, 22d December, 1808. JARED IRWIN, Governor. AN ACT /|Jq. 373,) * To authorize the justices of the inferior court of the county of Baldwin, to levy an extra tax, which shall not exceed the one half the general tax, for the purpose of building a court-house and jail in said county, and to. appoint commissioners to carry the same into effect. — Extra tax al- ^C** -R E it enacted by the Senate and House of Representatives in General As- !»untr thoef sembly met, and by the authority of the same, That the justices oi the inferior court of i^idwin. the county of Baldwin, are hereby authorized to levy au extra tax,, for the purpose of PASSED IN THE YEAR 1808. building a court-house and jail in said county, which tax fell all not exceed one half of the (No. 373.) general tax $ and the tax collectors of said county are hereby authorized to collect the same, at the same time, and in the same manner, that the general tax is collected, and pay the same into the hands of the justices of the inferior court for the purposes aforesaid. Sec. 2. And be it further enacted, That the court-house and jail shall be built in the town of Milledgeville, on the penitentiary, square, the ©oiirt-bouse on the south-east corner, and the jail to be built on the north-east corner of said square, and the justices led Seville & of the inferior court of the county of Baldwin, are hereby authorized to contract for the place where pointed out. Court house and jail to be built in Mil- the building of the said court-house and jail, in manner and form as they may think proper. Sec. 3. And be it further enacted by the authority aforesaid, That in order to The justices carry the said buildings into eifeet, the justices of the inferior court as aforesaid, are of the inferior hereby authorized and empowered to sell and dispose of six town lots, that is most eon- fots venient where the said court-house is to be built, in such manner as they may think most for that P"r advantageous to said county; and the money arising from the sales thereof shall be ap- plied'for the purpose of building the said court-house and jail. pose. A temporary Sec. 4. And be it further enacted, Tliat the justices of the inferior court as afore- said, are hereby authorized to rent some house in the town of Milledgeville, for the pur- court house pose of holding courts, until the said court-house is in a situation for courts to be held taine.i. therein. BENJAMIN WHITAEER, Speaker of the House of Representatives. IIENRY MITCHELL, President of the Senate. Executive Department, Georgia, Assented to, 22d December, 1808. JARED IRWIN, Goyernor. AN ACT (No. 37 i.) To revise and amend an act, entitled " An Act to regulate and keep in repair the public roads, causeways and bridges in the counties of Burke, Jefferson, Richmond, Greene and Morganso far as respects the counties of Greene and Morgan. Sec. 1. jj-g if enacted ly the Senate and Rouse of Representatives* in Gen- TI eiian(Is^ eral Assembly met, and by the authority of the same, That it shall be the duty We to work on of the coaimissioners that are appointed under the aforesaid law, or may here- be apportion- iss LAWS OF GEORGIA, (No. 37L) after bo appointed, to apportibn the hands liable to work on the several roads in their ed&themwv resPeet^v,P districts, which apportionment or list of hands shall contain the names of the nci-ufwarning hands subject to work as aforesaid, ami the special distance on each road that they are located to work upon, which list shall be given into the hands of an overseer, who shall be appointed by said commissioners, whose duty it shall be*, kf"a-ive at least three days notice tp all persons liable to work on the road assigned to ki$ trust, immediately pre- ceding the day appoiuted by said overseer to work a? aforesaid, and such overseer shall not be at liberty to call out the hands under his direction more than two days in any ottu month in the year. Sec. 2. And he it further enacted, That when a road may be the line between dis- aiv^e" aAliS *riets, lke commissioners or such district shall co-operate in pointing out th© overseers trict what to and hands that are to work ou such road, and the part of such road, pack overseer and b8 doi^e' hands shall w ork. Sec. 3. And he it further enacted, That it shall be the duty of the overseers to re* seers fn re^* tlirii a All defaulters to the respective commissioners of the road immediately un* Taultcr®. de" ^er ^eh' direction, whP ' shall give ten days notice of the time and place within their district, for hearing and determining all excuses and defaults that may come before them: and it shall be the duty of the said commissioners to make a return of all such Of eommis PersoaS *key may iind in default, to either of the justices of the inferior court of the sioners. county they respectively belong $ and it shall 1x5 the duty of the justices aforesaid, to return ^VinfeAor°f sue^ defaulters* together with all overseers and commissioners that may come to Cofrthe «-rand ^ie^r knowledge, 'as having committed a default, to the grand Jury of their respeetiv® yury. ° counties, whose,duty it shall he to pass upon such defaulters by presentment to theeourk $ Sec. 4. ~ And he it further enacted, That each commissioner of a road that may b« Fines of de- found by the court in default of duty, as required by law, shall at the discretion of th© coup' ^ned in «• sum not ©seceding thirty dollars; each overseer as aforesaid, not ex- needing ten dollars; and each and every other person liable to work upon roads agreea- hly to Jtlie before recited act, that may he found in default of duty, the sum of one dollar* for every day they may refuse, or neglect to work as aforesaid. » Sec. 5. And U it further enacted, That so much of the before recited act, as mili- Kepealiny tates with this art, be, and the same is hereby repealed; Pjrovidcd, this act shall not he construed to effect the jurisdiction of any corporation within the said counties. BENJAMIN WIIITAKER, Speaker of ihe House of Representatives. HENRY MITCHELL, President of the Senate* Executive Department, Georg'a, .Assented to, 22d December, 1808. J A RED IRWIN, Uqyejwsok. PASSED IN THE YEAH 1808. 489 AN ACT (No. 375.) To extend the Limits of the City of Savannah. W] HEREAS, doubts have arisen as to the western limits of the eity of Savannah: T, . w J ' Preamble, for remedy whereof, Sec. 1. BE it enacted ly the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by^ the authority of the same, That immediately city of Savan- from and after the passing of this act, the limits of the city of Savannah shall be, and nah defillC(1' they are hereby extended as far westward as the east side of Musgrove creek, running thence a southern course as far as the north side of Spring Hill road, and thence along said road until intersected by the known boundary of said city, leaving all the improve- merits on the south side of thp said road, without the limits of said city. Regulations* Sec. 2. And be it further enacted, That ^said boundaries be, and hereby are de- clared to be within the limits of the said city of Savannah, and unde^ all the ordinances of the corpo- , .. t ration extend- and regulations ot the corporation of said city ; any law to the contrary notwithstanding, ed to certain limits. BENJAMIN WHITAKER, Speaker of the House of Representatives. • HENRY MITCHELL, President of the Senate, Executive Department, Georgia, Assented to, -22d December, 1808. JARED IRWIN, Governor. AN ACT To authorize the justices of the inferior court of the county of M'lntosh, to appropriate a certain portion of the county tax, to the support of the poor. (No. 376.) Sec. 1. em* €naej;e^ iy fog Senate and House of Representatives of the State of M'lntosh Georgia, in General Assembly met, and by the authority of the same, That from and after a5a1®w" the passing this act, the justices of the inferior court of the aforesaid county, may appro- propriate one priate one half of the amount of the county tax of the county of M'lntosh, to the dis- county tax charge of the debts that have been, or may be, contracted for the support of the poor of t0 the poor" the said county $ any law to the contrary notwithstanding. OS 490 LAWS OF GEORGIA, (No. 376.) Provided, the aforesaid act dobs not extend or be construed to extend to authorize. the justices to apply any taxes now due, or whieli may hereafter be due to the State, to the purposes above mentioned. BENJAMIN WIIITAKER, Speaker of the House of Representatives. HENRY MITCHELL, President of the Senate. Executive Department, Georgia, Assented to, 17th December, 1808. JARED IRWIN, Governor. AN ACT To authorize the justices of the inferior court of Elbert county, to appropriate certain part of the county tax, for the support of the poor of said county. (No. S77.) Preamble. * * HERE AS it appears to this Legislature, that the tax authorized by law for the support of the poor is not sufficient to answer the purposes aforesaid ,• for remedy whereof, Sec. 1. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is enacted by the authority of the same, That the justices of the inferior court of the county of Elbert, are hereby authorized to ap- propriate such part of the county tax,,as they may from time to time deem sufficient for the support of the poor of said county ; and that they be authorized to pay out of the county tax as aforesaid, such sum of money to John Thomason of said county as may appear to them reasonable, for his having taken into his care a certain young woman, by the name of Delilah Wooten, who appeared to he an object of charity; and that the said infe- rior court do alsapay out of the taxes as aforesaid the doctors hills, for such medical and surgical aid as she has had: Provided, the same shall appear to them reasonable and just. Proviso. Proviso. And provided aiso, That there shall not be more than one third of the county tax, in any one year, appropriated for the purposes aforesaid. BENJAMIN WIIITAKER, Speaker of the House of Representatives. HENRY MITCHELL, President of the Senate. Executive Department, Georgia, Assenied to, 22d December, 1803. JARED IRWIN, Governor. PASSED IN THE YEAIl 1808. 491 AN ACT (No. 378.) To amend an act, entitled " an act to amend the several acts regulating roads in this State, so far as respects the operation of said acts in the counties of Bryan, Liberty, M'Intosh, Glynn, Camden and Wayne," so far as it respects the county of Whyne. ^EC*j|5 E it enacted by the Senate and House of Representatives of the State of ^ Georgia, in General Assembly met, That Matthew Jones, Charles Smith and Richard iajd 0ff Leveritt, be, and they are hereby appointed commissioners of the road to be laid off in Q^eaistottS the county of Wayne, commencing on the post road at or near William O'Neal's; thence running to Phinn Holloway creek, cross the same at some convenient place for the erco- tion of a bridge, running thence to the mouth of Goose creek, oraear it. Sec. 2. And he it further enacted, That the said commissioners shall be, and they ^ are hereby empowered to command the personal assistance of all persons, who by law are calicsd out to compelled to perform duty on roads, within five miles of said road, except those below road the plantation of John Grantham, for the purpose of cutting the same out as aforesaid Sec. S. And be it further enacted, That major John Fort, William Clements, and CoTOm;ss;on, William O'Neal, be, and they are hereby appointed commissioners on the post road in ersofthepo# road appoint. said county, who shall have power to require the assistance of all persons not embraced ed. within five miles of the new road to be cut out by this aet. Sec. 4. And be it further enacted, That the commissioners appointed by this act, Duty of the shall form a board of commissioners, and shall have power to fill all vacancies that may commission- happen therein $ and if they shall find the persons liable to work on the roads aforesaid^ not equally proportioned, they may proportion them accordingly. Sec. 5. And be i( further enacted, That if any person or persons shall wish any New roads other new road, they shall petition the board of commissioners, and if they think proper, bo.w be ob- they may grant the same, and proportion the inhabitants to work thereon. x Sec. 6. And be it further enacted, That no white male person in the county of Wayne, shall be liable to pay more than one dollar for each and every day they shall fail to ap- pear and work on said roads; and that all male negrqes from sixteen to fifty years of age, shall be liable to work on the said roads. Sec. 7. And be it further enacted, That so much of the before recited act, as is net Former ac repugnant to this act, shall be, and remain in full force and virtue. stiU in *orce* BENJAMIN WHITAKER, Speaker of the House of Representatives* HENRY MITCHELL, President of the Senate. Executive Department, Georgia, Assented to, 10th December, 1808. J A RED IRWIN, GovEBitoK. m LAWS OF GEORGIA, lair. (No. 379.) AN ACT* To remove the courts, elections and other county business of the county of Telfair. Courts, eleo- „ "IT® tions, &c. re- »ec. 1. J|j) g ^ enacted ly the Senate and Rouse of Representatives of the State of moved in the ^ J county of Tel- Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passing of this act, the courts, elections, and other county business, shall be held and transacted at the house of John Patterson; any law or usage to the contrary notwithstanding. BENJAMIN WH1TAKER, Speaker of the House of Representatives. % HENRY MITCHELL, President of the Senate. \ Executive Pepartment, Georgia, Assented to, 22d December, 1808*. JARED IRWIN, Governor. AN ACT' (No* 380*) continue in force for one year the sixteenth section of an act, entitled an act to amend the several acts, regulating roads in this State, so far as respects the operation of said acts, in the counties of Bryan, Liberty, M(Intosli, Glynn, Camden and Wayne/ The 16th sec- tion of the road law as respects the counties of Bryan, ke.ex- tended one year. E it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the sixteenth section of the above recited act, be, and the same is hereby continued in force for the term of one year; any law to the contrary notwithstanding. BENJAMIN WHITAKER, Speaker of the House of Representatives. HENRY MITCHELL, President of the Senate. Executive Department, Georgia, Assented to, 13th December, 1808. JARED IRWIN, Governor. * Repealed by act of 1810, No. SOS. PASSED IN THE YEAK 180s. AN ACT (No. 381.) To allow further time to the justices of the inferior court of Elbert county, to let the building of the jail of said county.* SEC* L e n enacted by the Senate and House of Representatives of the State of Georgia9 in General Assembly met, and it is enacted by the authority of the same, That au^Jrth™e the time allowed bylaw for the justices of the inferior court of Elbert county to let the inferior court" building of the jail of said county, as pointed out by au act passed on the fifth day of buiidtng of December, one thousand eight hundred and seven, be, and the same is hereby extended tlieir jaiL until the fifth day of December, one thousand eight hundred and nine. BENJAMIN WIIITAKER, Speaker of the House of Representatives ' HENRY MITCHELL, President of the Senate. Executive Department, Georgia, Assented to, 22d December, 1808. JARED IRWIN, Goveiino 11. . AN ACT To alter and amend an act, entitled an act to appoint commissioners for the purpose of carrying into effect the building the court house and jail for the county of Wayne. IIEREAS, it is just and reasonable that the place of holding courts in the-several counties should he as nearly in a central situation as possible ; and whereas, in Wayne Preamble county the place pointed out by said act, is on one side, and near the upper corner of said county ; for remedy whereof, Sec. l. BE it enacted by the Senate and House of Representatives of the State of Courts elec in Georgia, in General Assembly met, That from and after the passing of this act, the courts' tions, &c. and elections in said county, shall be held at the house of captain William Clements, which is near the centre of said county, until such time as the commissioners, hereafter named, shall fix on the place, and build a court house. Wayne coun- ty removed. Sec. %. And be it further enacted, That major John Fort, John Kemp, Matthew Commission- ers appointed to fix on the. site for the public build- See act of 1809, No. 419, still further extending1 the time. County* Jones, Jones Bevin, and. George Linder, esquires, he, and they are hereby appointed commissioners for the purpose of fixing on a proper place for the erection of a court e most productive, and on receipt of the monies arising from such sales, after paying the ex- penses incurred by laying out and selling the same, the proceeds shall by them be placed in the hands of the commissioners of the Louisville academy, by them to be applied to the use and benefit of that institution. BENJAMIN WHITAKER, Speaker of the House of Representatives. HENRY MITCHELL, President of the Senate. Executive Department, Georgia, Assented to, 10th December, 1808. JARED IRWIN, Governor. (No. 356.) Preamble. AN ACT To give further time to the purchasers of lots, in the town of Milledgcvillc, so far as it respects the improvements of said lots, agreeably to an act passed the 12th day of December, 1S0L w IIEREAS, the third section of the above recited act is in the words following: that every purchaser shall within two years after such purchase, build upon, and improve such lot or lots, to the value of one hundred dollars each, or the lot or lots, together with the instalments which he may have paid, shall be forfeited to the State ; for rem- edy whereof, timc for im- Sec. 1. BE it enacted by the Senate and House of Representatives in General Assem- proving- lots ip, m€f an(i fa ijle authority of the same, That the time for improving said lot or lots in the town of ♦' > j i => Miiietig-eviiie agreeably to the above recited it, is hereby extended until the first day of January, extended. PASSED IN THE YEAR 1808. i eighteen hundred and ten; provided, the holders or purchasers of such lot or lots do (No. 388. ) within the above time prescribed for the improvement of said lot or lots, pay into the vvqvwj. treasury of this State, the amount of the several instalments, and interest due thereon, Sec. 2. And be it further enacted, by the authority aforesaid, That the commis- sioners appointed to sell and dispose of the lots in the town of Milledgeville, and their successors in office, after the first day of January, eighteen hundred and ten, or a ma- jority of them, shall proceed to sell all such lot or lots as have reverted to and become the property of this State, agreeably to the above recited act, of eighteen hundred and four, in the same manner and upon the same terms, and subject and liable to the same provisions and conditions, as sales heretofore made. BENJAMIN WHITAKER, Speaker of the House of Representatives. HENRY MITCHELL, President of the Senate. * 4 Executive Department, Georgia, Assented to, 22d December, 1808. JARED IRWIN, Governor. Aftei' that time, the lots ^everted to be sold with oth- er lots. Sec. 1. AN ACT To regulate the town of JDarien, in the county of M'Intosh. E it enacted by the Senate and House of Representatives of the Stale of (No. 387.) Commission- Georgia, in General Assembly met, That from and after the passage of this act, the inha- ers how to be bitants of the town of Darien, qualified to vote for members of the General Assembly, aPP°inted* shall assemble on the second Monday in January, annually, and then and there proceed to~eIcct by ballot, five commissioners, who shall be freeholders in said town, and have resided six months within the same, immediately preceding the election. Sec. 3. And be it further enacted, That the commissioners so appointed, shall have To make b full power and authority over all streets, alleys, lanes, and wharves, and to make such laws for the ** cfovernment * bje laws and regulations, and inflict or impose such fines and forfeitures as shall be con- of said town, dueive to the good order and government of said town; Provided, such bye laws and proviso, regulations he not repugnant to the laws and constitution of the State. Sec. 3. And be it further enacted, That it shall and maybe lawful for the said jtfayievyatax commissioners, or a majority of them, yearly and every year, to make, lay and assess a said town., PS 49S LAWS OF GEORGIA, (No. 387.) rate of assessment upon all and every person or persons who do and shall inhabit, hold, use or occupy, possess or enjoy, any house, building or tenement within the limits of the aforesaid town of Darien, for raising such sum or sums of money as a majority of the aforesaid commissioners shall judge necessary for and towards carrying this act into execution ; and in ease of refusal to pay such rate or assessment, the same shall he leyied and recovered hy warrant of distress and sale of the offenders lands, tenements, goods and chattels, under the hands and seals of the said commissioners, or a majority of them, direeted to any lawful constable of the aforesaid town of Darien. May erect a gEC> And be it further enacted, That the commissioners of the aforesaid town work house. . of Darien, shall, and they are hereby authorized to build and erect a work-house for the purpose of confining all disorderly persons in the aforesaid town. Their juris- Sec. 5. And be it further enacted, That the jurisdiction of the commissioners of ^defined'111" af°resaid town of Darien, shall extend in and over the town and commons of Darien, and from Union-street continued to the river. The perma Sec. 6. And be it further enacted, That the permanent inhabitants of the town of nent'inhabit- Darien, shall not be under the control of the commissioners of the roads of the county ""town °exempt M'Intosh, the male slaves shall be liable to be employed by the commissioners of the from road du- aforesaid town in cleaning the streets and public squares of the aforesaid town, and all ^ laws, or parts of laws, militating against this act, hitherto passed for regulating the aforesaid town of Darien, be and the same are hereby^repealed. BENJAMIN WIIXTAKER, Speaker of the House f Representatives. HENRY MITCHELL, President of the Senate. Executive Department, Georgia, Assented to, 22d December, 1S08. JARED IRWIN, Governor. AN ACT To repeal an act, entitled an act to compel clerks to keep their offices at or within one mile of the court-houses of their respective counties in this state, passed at Millcdgerille, the 7th December, 1807, so far as respects the county of Washington, (No. 388.) IIEREAS, the clerk's office of the superior court of Washington eounty is and Preamble. jias j,een for oue op two yearg> before the passing of the before recited act, within one mile and a quarter of the court-house of said county. PASSED IN THE YEAR 1808, 499 Sec. l. RE it therefore enacted by tha Senate and House of Representatives) of the (No* 388.) State of Georgia, in General Assembly met, and it is hereby enacted by the authority of Thomas Ru- the same, That from and after the passing? of this act, it shall and may he lawful for the therfor^ "ot A ° ' compelled to said clerk's office of the superior court of Washington county to remain and be kept at move his of- ficc 9s clcfki the house of Thomas Rutherford, any law to the contrary notwithstanding. Sec. 2. And be it further enacted, That the said clerk be and he is hereby exoner- ated. from all fines and forfeitures incurred by the before recited act. BENJAMIN WHITAKER, Speaker of the House of Representatives* HENRY MITCHELL, President of the Senate, Executive Department, Georgia, Assented to, 22d December, 1808. JARED IRWIN, Governor* (No. 389.) AN ACT To regulate the town of Jefferson in the county of Camden. Sec71. enacte(i ty the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, That Isaae Lang, Commission- Isaac Crews, Daniel Miller, Timothy Hopkins, and Sylvanus Church, be, and they are ^ townf^in hereby appointed commissioners of the said town $ and they or a majority of them, and aP" their successors in office, shall have, and they are hereby vested with full power and authority to pass all bye laws and ordinances which they, or a majority of them, may jawis/1^*556 think necessary, for the improvement and keeping in repair and good order the streets of the said town, and for other purposesProvided, nothing herein contained, be repug- nant to the laws and constitution of this State, and of the United States. Sec. 2. And be it further enacted, That the aforesaid commissioners, or a majority of them, and their successors in office, shall have full power to tolerate the lot-holders stree^Tof said! of said town, to fence in and cultivate such streets as in their opinion are at this time ^ not necessary for the use of said town* 599 LAWS OF GEORGIA* (No. 389.) Sec. 3. And be it further enacted, That the power and authority vested in the said Restricted commissioners shall not extend to the passing any bye laws or ordinances which may re- in their laws, quire corporal punishment to be inflicted, neither shall the said commissioners be autho- and Ievyingy 4 . , taxes. rized to impose any poll tax upon the citizens of the said town, which shall exceed the sum of two dollars in the term of one year* * commissions. Sec. &. And be it further enacted, That the said commissioners shall continue in hoVtte bej^ 0]®ce unt^ *ke first Monday in January, one thousand eight hundred and ten, on which lected. t day, and on the first Monday in January in every year thereafter, between the hours of ten o'clock in the forenoon and three o'clock in the afternoon of that day, all the free male white citizens of said town, who shall have given in their taxable property and are 4 entitled to vote for members of the General Assembly, shall assemble at the courthouse of said county, and by ballot elect five commissioners, who shall continue in office for tbevterm of one year* at which election any two, or more justices of the peace of said county shall preside: provided, that the said commissioners, after having served the term ef one year, shall be, and they are hereby re-eligible to the said appointment. BENJAMIN WHITAKER, Speaker of the House of Representatives- HENRY MITCHELL, President of the Senate.. Executive Department, Georgia,. Assented to, 22d, December, 180S. JARED IRWIN, Governor. AN ACT To enlarge the limits of the town of Elberton, and to extend the jurisdiction of tlic■ corporation thereof. (No. 390.) Preamble. f V SEREAS, the present limits of the town of Elberton, from its contracted situ- ation, renders it necessary that the same should be enlarged, so as to promote the eon- venience of the inhabitants. Commission- ers of Elber- ton authoriz- Sec. 1. BE it therefore enacted by the Senate and House of Rqwesentatives of the State of Georgia, in General Assembly met, and by the authority of the same, That from and immediately after the passing of this act, the commissioners of the said town, or o'rfthe'north" a majority of them, are hereby fully authorized and empowered to take aud meiie from PASSED IN THE YEAR 1808. 501 any person or persons who may be lawfully possessed of the same, by clear and indisput- (No. 390.) able titles, a deed or deeds for the quantity of twenty acres of land, immediately adjoin- iugthe town on the north side thereof, and that they the said commissioners, or a major- ity of them, or their successors in office, shall and may, and they are hereby required, And to lay the to lay off the aforesaid twenty acres in lots of such size, as they may deem most con- venient, so soon as they shall receive a deed or deeds, with general warrantee titles* to I,ose of the aforesaid twenty acres of iand. Sec. 2. be it further enacted, That the powers of the corporation of said town Corporate ii~ of Elberton, shall and is hereby declared to extend and to have full force and effect, as town extend- well over the twenty acres hereby intended to be received by them in manner aforesaid9 e<1' as over the lots now adjoining the said town, and at this time in the occupancy of William Holt, Joseph Griffin, and Jesse Edwards. Sec. 5. JLnd le it further enacted, That it shall be the duty of the said commissioners^ or a majority of them, to have an accurate plan of the said town made out within three Comm;ss;on months after receiving titles to the aforesaid twenty acres of land, on the north side of the ers to have an ^ccurAtc pl3.11 said town, as herein before expressed, including therein the lots in the occupancy of the 0f said town said William Holt, Joseph Griffin, and Jesse Edwards, wherein shall be designated the streets, alleys and lots; and after the plan shall be so made out, to have the same re- corded in the clerk's office of the superior court of Elbert eounty, that the same may he subject to the inspection of all persons concerned. BENJAMIN WHITAK.ER, Speaker of the House of Representatives. HENRY MITCHELL, President of the, Senate- made out and recorded. Executive Department, Georgia*- Assented to, 22d December, 1808. JARED IRWIN, Governor- AN ACT To amend an act to regulate the town of Carusville. (No. 391.) Sec. l. g •£ enaCfefi iy tfo Senate and House of Representatives of the Stale of ersofcSes- Georgia, in General Jhssembly met, and it is hereby enacted, That from and after the first day of January next, the commissioners of the town of Carnesville, shall have all necessary full power and authority to make, ordain and pass all such bye-laws, rules and regula- said town. 502 LAWS OF GEORGIA, (No. 331.) lions, from time to time, as they or a majority of them may deem necessary and condu, cive to the health, peaoe, tranquility and good order of the good citizens of the said town of Carnesville, to secure the buildings from fire, and other accidents, for removing wood and other lumber and obstructions off the public square and streets, and for keeping the same clean and In good order: Provided, that such bye-laws, rules and regulations be not repugnant to the constitution and laws of the state; and that no pain or penalty therein inflicted upon any free white person, free person of color, or any slave, shall extend to life, limb, or corporal punishment. May impose ^Ec* &e & further enacted ly the authority of the same, That it shall be a tax on retail- lawful for the said commissioners, or a majority of them, to impose a tax upon all per- on8the ''public sons retailing liquors in the public square or streets of said town t Provided, such tax square. shall not exceed six dollars for each day such person shall retail liquors in a less quantity than five gallons. - Sec. 3. Jliid be it further* enacted by the authority aforesaid, That the commissi- oners of the said village of Carnesville, shall be elected on the first Monday in January in every year, between the hours of ten o?clock in the forenoon and three o'clock in the afternoon of that day; and that all persons who are entitled to vote for members of the General Assembly, and who reside in the captain's district in which said village is situate, is hereby declared entitled to yote for commissioners of the village aforesaid, and shall be eligible to the appointment of commissioner in the said village. Commission- ers when and how elected. repealing Sec. 4. Jlnd be it further enacted, That alllaws, heretofore passed on this subject, clause. " contrary to the intent and meaning of this law, are hereby repealed. BENJAMIN WIXITAKER, Speaker of the House of Representatives. HENRY MITCHELL, President of the Senate. Executive Department, Georgia, Assented to, 17th December, 1808.. JARED IRWIN, Go ye kx ok.. AN ACT (No. 392.) To repeal an act, entitled an act, to compel clerks to keep their offices at or within one mile of the court-houses of the respective counties in this State, passed at Milledgeville the 7th of December, 1807, so far as respects the county of Warren. IIEREAS it appears from actual admeasurement, that the clerk's offices of the county of Warren, are at present, and have been for a number of years, kept at the house of Turner Persons, within one mile and a quarter of the court house in said county. JPjramMe. PASSED IN THE YEAR 1808. 505 Sec. 1. BE it thertfore enacted by the Senate and House of Hcpresentatives of the (No. 392.) State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passing of this act, that it shall and to remove may be lawful for the said clerk's offices in the said eounty of Warren, to remain and be repeaiedasSto kept at the house of said Turner Persons, any law to the contrary notwithstanding. Warren coun- Sec. 2. And be it further enacted, That the said clerks be, and they are hereby Relieved exonerated from all the fines and forfeitures incurred by the above reeited act. x of thehacta nS BENJAMIN WHITAKER, Speaker of the House of Hepresentatives. HENRY MITCHELL, President of the Senate. Executive Department, Georgia, Assented to, 22d December, 1808. JARED IRWIN, Governor. AN ACT ^Po repeal an act, entitled an aet to compel clerks to keep their offices at the eourt-house of the respective counties or within one mile thereof, passed 7th December, 1807, so far as respects the eounties of Wayne, Tatnal, Wilkinson and Laurens. (No. 393.) HERAS, it appears that the emoluments of the clerks of the counties of Wayne, contrary notwithstanding. Sec. 2. And be it further enacted, That the said David Terrcl and John Holliday, Relieved from be, and they are hereby exonerated and exempted from all fines, forfeitures or penalties, saicf act ° incurred under an act passed 7th December, 1807, entitled an act to compel the clerks to keep their offices at the court houses of their respective counties, or within one mile thereof. BENJAMIN WHITAKER, Speaker of the House of Representatives♦ HENRY MITCHELL, President of the Senate. Executive Department, Georgia, 1 Assented to, 30th November, 1808. JARED IRWIN, Governor. P % 506 LAWS OF GEORGIA, (No, 307.) AN ACT For a temporary relief of Cornelius Murphey. IIEREAS Cornelius Murphey, was appointed collector of taxes for the county of Baldwin, for the year 1807, and before the collection of the said taxes was completed, Pieamble. the county of Baldwin w as divided into several other counties: the balance of taxes re- maining due in that part of Baldwin county, now Putnam, amounting to about two liun- dred dollars, the said Cornelius Murphey placed in the hands of Samuel Reed, then she- riff of Putnam county, executions against the defaulters for the above sum, and before- the said executions were returned, or the money paid to*the said Cornelius Murphey, collector as aforesaid, the said Samuel Reed departed this life ; for remedy whereof, BE it enacted by the Senate and House of Representatives of the State of Cornelius Georgia, in General Assembly met, That the Treasurer shall not issue any execution Murphey af- ° t m , ^ J forded tempo- against the said Cornelius Murphy, for, or on account of the taxes aforesaid, for the iaiy iehef. year afpresaid, until the expiration of twelve months from the date hereof. BENJAMIN WHITAKER, Speaker of the House of Representatives. HENRY MITCHELL, President of the Senate. Executive Department, Georgia, Assented to, 22d December, 1808. JAREB IRWIN, Governor. (No. 398.) AN ACT' To vest the real estate of James Alger, late of Chatham county, deceased, in Sarah AU ger, his widow, and Pmserved Alger, his adopted son. HERE AS, by the last will and testament of James Alger, late of Chatham Preamble. county, deceased, it is evident and manifest, that it was the earnest desire, wish and in- tention of the testator, to devise and give certain real estate to Preserved Alger, his ne- phew and adopted son, which last will and testament, it appears by the joint petition of Sarah Alger, widow of the said James Alger, and the said Preserved. Alger, is informal and inopperative, as to the said real estate ; and whereas the said Sarah Alger, as w idow as aforesaid, is by the statute of distributions invested with one undivided half of the said real estate, and has petitioned the Legislature, together with the said Preserved Alger, PASSED IN THE YEAR 1503. so r that ilie other half of the said real estate may be vested in the said Preserved Alger, there- (No. 398.) by obtaining, as far as possible, under present circumstances, a provision for the said Preserved Alger, out of the said real estate. BE it therefore enacted by the Senate and House of Representatives of the The estate State of Georgia, in General Assembly met, That all the real estate whereof the said ge/vested\n James Alger died, seized or possessed of in his own right or claim to, be, and the same is Sarah k Pre_ ° r ° served Alger, hereby absolutely vested in the said Sarah Alger, her heirs and assigns, and in the said in common. Preserved Alger, his heirs and assigns forever, as tenants in common. BENJAMIN WHITAKER, Speaker of the House of Representatives. HENRY MITCHELL, President of the Senate. Executive Department, Georgia, Assented to, 22d December, 1808. JARED IRWIN, Governor. AN ACT (No. 399.) Granting leave to John Landrum to bring three negroes, purchased by him in the state of Virginia to this State. E it enacted by the Senate and House of Representatives of the State of jolm Lan. Georgia, in General Assembly met, and by the authority of the same, That John Landrum, ^ bring three of the county of Wilkes, be, artd he is hereby permitted to bring into this state three negro nsgroes into • • » tins st&tc# slaves, already purchased by him in the state of Virginia, and to hold, possess, and enjoy said negroes, free from all suits, prosecutions or fines imposed by an act entitled an act to prohibit the further importation of slaves into this state. BENJAMIN WHITAEER, Speaker of the House of Representatives* HENRY MITCHELL, President of the Senate. Executive Department, Georgia, Assented to, 30th November, 1808* JARED IRWIN, Governor. 50? LAWS OF GEORGIA/ (No, 400.) AN ACT To alter the name of John Clifton, to that of John Anderson Lea. .Preamble. f y IXEREAS, satisfactory reasons have been offered to authorise the alteration aforesaid, John Clifton's BE it enacted ly the Senate and House of Representatives of the State of to thatof John Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, \ndersonLea. niat the said John Clifton, shall from and after the passing of this act, be known and called by the name and style of John Anderson Lea. BENJAMIN WHITAKER, Speaker of the House of Representatives* HENRY MITCHELL, President of the Senate. Executive Department, Georgia, Assented to, 22d December, 1808. JARED IRWIN, Governor. {No. 401.) AN ACT To divorce and separate Robert Rudolph and Mary his wife. Robert Ru- ^EC* JOE it enacted by the Senate and House of Representatives of the State of divorced Georgia, in General Assembly met, and by the authority of the same, That from and im- mediately after the passing of this act, the matrimonial connexion, or civil contract marriage, made between Robert Rudolph, and Mary his wife, late Mary Miekler, shall be completely annulled, set aside and dissolved, as fully and effectually as if no such contract had ever heretofore been made and entered into between them. To be held Sec. 2; And be it further- enacted by the authority aforesaid, That the said Robert separate per- Rudolph, and Mary Rudolph, late Mary Miekler, shall in future be held as separate and distinct persons,, altogether unconnected by any mystical union, or civil contract whatsoever, at any time heretofore made or entered into between them., BENJAMIN WHITAKER, Speaker of the House of R>cpresentativcs. HENRY MITCHELL, President of the Senate.. Executive Department, Georgia, Assented to, 16th December, 1808.. sons. JARED IRWIN, Governor* PASSED IN THE YEAR 1808. £09 AN ACT (No. 402.) To change the name of Edney Robertson. "S3 fldney Rob* JOE it enacted by the Senate and House of Representatives of the State of e[ttsou^3tni^e Georgia, in General Assembly met, That from and after the passing of thl« act, the ney Bond, aforesaid Edney Robertson, shall be called and known by the name and style of Edney Bond. BENJAMIN WHITAKER, Speaker of the House of Representatives. HENRY MITCHELL, President of the Senate. Executive Department, Georgia, Assented to, 16th December, 1808* JARED IRWIN, Governor. AN ACT (No. 403.) To divorce Jesse Corumandr PatSey his wife, and for protecting each of them in their respective estates. Sec. 1. a 1* jg. ^ enaciei\ ly the Senate and House of Representatives of the State of JosseCoruTn Georgia, in General Assembly met, and by the authority of the same> That from and and wife di- after the passing of this act, the matrimonial connexion and civil contract of matrimony made between the aforesaid Jesse Corum and Patsey Corum his wife, late Patsey Tay- lor, shall he completely annulled and set aside and dissolved, as fully aud effectually as if no such contract had been made and entered into between them. * Sec. 2. And be it further-enacted. That the said Patsey Corum, late Patsey Taylor, said Patsey is hereby declared to be a feme sole $ and shall not in future he hound on any pretence aiinlbfiifyfor whatever, for the payment of any debts, dues, or demands of the said Jesse Corum, on her husband's or for his contracting, or with any actions of or for damages for, or by reason of any t(* 1301 t01t° tort, trespass or damages whatever, heretofore or hereafter to be committed by the afore- said Jesse Corum. Sec. 3. And be it further enacted, That the said Jesse Corum, and Patsey Corum, late Patsey Taylor, shall in future be held and considered as distinct and separate persons, To be con- sidered as se- parate per- altogether unconnected by any mystical union or civil contract whatever. sons. BENJAMIN WHITAKER, Speaker of the House of Representatives. HENRY MITCHELL, Presiilcnt of the Senate. Executive Department, Georgia, Assented to, 22d December, 1808. JARED IRWIN, Governor. 510 LAWS OF GEORGIA, (No. 404.) AN ACT To alter the name of Thomas Ryan, to that of Thomas Coram. Preamble. *^/E7" YY HERE AS satisfactory reasons have been offered to authorize the alteration aforesaid, Thomas Ry ^ enacted by the Senate and House of Representatives of the State of Georgia, an's name ai- in General Jlssembly met, and it is hereby enacted by the authority of the same, mas Coram. " That the said Thomas Ryan, shall, from and after the passing of this act, be know n and called by the ilame and style of Thomas Coram. BENJAMIN WHITAKEIl, Speaker of the House of Representatives. HENRY MITCHELL, President of the Senate. Executive Department, Georgia, Assented to, 16th December, 180S. JARED IRWIN, Governor. (No. 405.) AN ACT To alter and change the name of Eliza J\Ioriah Eiocon, to that of Eliza Moriah Hughes, m Preamble. HEREAS, it is the wish and desire of Owen Hughes, who married the mother of the said Eliza Moriah, that she should bear his name; and whereas, the grand fa- ther of the said Eliza Moriah, hath left her by will, a certain portion of property in the name of Eliza Moriah Hughes. EE it ther fore enacted by the Senate and House of Representatives of the Eliza Moriah. State of Georgia, in General Jlssembly met, That from and immediately after the StemL name passing of this act, the said Eliza Moriah Dixon, shall bear and be know n by the name of Eliza Moriah Hughes, any law to the contrary notwithstanding. BENJAMIN WHITAKER, Speaker of the House of Representatives. HENKY MITCHELL, President of the Senate. Executive Department, Georgia, Assented to, 13th December, 180S. JARED IRWIN, Governor. PASSED IN THE YEAR 1S0S. S11 AN ACT (No. 406.) To secure to Jane Cone, formerly Jane Cason, any property which she may hereafter acquire by deed, tvill or otherwise. w. HEItEAS "William Cone, husband of the said Jane Cone, has separated himself from the said Jane, for the term of three or more years, and has married another wo- man ; and w hereas the said Jane Cone's father, Hillery Cason, wishes that his daugh- ter should enjoy a part of his estate, which cannot be put out of the reach of said Cone, without legislative interferrence. Preamble. Jane Cone au« Sec. 1. BE it therefore enacted by the Senate and House of Representatives, of the Slate of Georgia, in General Assembly met, and by the authority of the same, That from thomed to and after the passing of this act, the aforesaid Jane Cone may receive any property that the aforesaid Hillery Cason may by deed or will bestow upon her, in as full and com- receive any property which her fa- ther may give plete a manner as if the said Jane Cone had never been married, and was now a feme her exclusive sole, and that she shall have the entire control and direction of such property, without band, the interferrence of the aforesaid William Cone in any manner whatever. Sec. 2. And be it further enacted, That any property that the said Hillery Cason The property may bestow upon the aforesaid Jane Cone, formerly Jane Cason, shall after her decease, descend to such children as may have been born to the said Jane Cone, by the aforesaid the said Jane William Cone, in lawful wedlock, or to any children that may be born to the said Jane band, after Cone in lawful wedlock by any other person, in the event of legal separation from the afoi esaid William Cone} any law to the contrary notwithstanding. her.decease. Sec. 3. And be it further enacted, That all and every other description of property All other pro- whatsoever, that may have been acquired by the said Jane Cone, formerly Jane Cason, she may ac- since the separation of her husband from her, or that she may hereafter acquire by her her6" industry or otherwise, shall be and remain to ker^ beyond the reach or control of her said husband. said husband. BENJAMIN WHITAKER, Speaker of the House of Representatives, HENRY-MITCHELL, President of the Senate.- Executive Department, Georgia, Assented to, lOtk December, 1808. JARED IRWIN, Governor. 51$ LAWS OF GEORGIA, (No. 407.) AN" ACT To divorce John Fitzpatriek and Elizabeth Fitzpatriek, his wife. Sec. l. b-* jg .t enE it enacted by the Senate and House of Representatives in General As- Further time sem^y wet, and it is hereby enacted by the authority of the same, That the said inferior given to let court shall have the power of letting the building of said jail, at any time hereafter they the building . the jail of El- or a majority of them may deem most conducive to the interest of said county; pro- bert" Yided said letting shall be within two years after the passing of this act. BENJAMIN WHITAKER, Speaker of the House of Representatives. HENRY MITCHELL, President of the Senate. Executive Department, Georgia, Assented to, 29th November, 1809. DAVID B. MITCHELL, Goyeritor. PASSED IN THE YEAR 1800, m AN ACT" (No. 420.) To authorize the Judge of the Superior Courts of the Middle District to hold an esctra session in the county of Richmond» Preamble, HEREAS there was a failure of the superior court which should have been hoi- den in and for Richmond county in October last, occasioned by the clerks not having re- ceived his commission anterior to that period : and whereas inconveniences are likely to result therefrom; for remedy whereof, Sec. 1. BE it enacted ly the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted ly the authority of the same, # Extrii supe- That the Judge of the superior courts for the middle circuit, be, and he is hereby author- rior court ai- ized and empowered to hold a court in and for the said county of Richmond, on the fourth county^? Monday in January next: and that all officers of said court, jurors and witnesses be re- Richmond. quired to attend under the same penalties, and under the like restrictions as if the said court had been holden at the period heretofore pointed out by law for the holding said court. Sec. 2. And le it further enacted ly the authority aforesaid, That the jury drawn to serve at the court which should have been holden in, and for the said county of Rich- What jurie^_ mond in October last, be considered, held and taken as the jury for the term to be holden to serve at in pursuance of this act, they being summoned to attend said court at least ten days prior „saicl court' to the sitting thereof* Sec. 3. And le it further enacted ly the authority aforesaid, That all and every wItnesses person and persons, who were bound by recognizance or otherwise, to attend the court suitors and o- which should have been holden in Richmond county in October last, and who shall not boundP?o°at* have been discharged by due course of law, be, and they are hereby required under the ^^tat saici same penalties to attend the court which shall be holden in pursuance of this act. BENJAMIN WHITAKER, Speaker of the House of Representatives. HENKY MITCHELL, President of the Senate. Executive Department, Georgia, Assented to, 18th November, 1809. DAVID B. MITCHELL, Governor. LAWS OF GEOBGIA, (No .*31.) AN ACT To repeal an act, entitled, " An act for infiicting penalties on, and confiscating the estates of such persons as are therein declared guilty of treason, and for other pur~ poses therein mentioned ," so far as relates to the banishment of Stephen Corker. E it enacted by the Senate and House of Representatives of the State- Stephen Cor. °f Georgia, in General -Assembly met, That the act entitled, " An Act for inflicting Pena^es on> confiscating the estates of such persons as are therein declared guilty ment. of treason, and for other purposes therein mentioned," passed the fourth day of May* oue thousand seven hundred and eighty two, so far as respects the banishment of Stephen Corker, be, and the same is hereby repealed- BENJAMIN WHITAKER, Speaker of the House of Representatives- HENRY MITCHELL, President of the Senate. Executive Department, Georgia, Assented to, 2d December,. 1809. DAVID B. MITCHELL, Governor (No. 422.) 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 inferior courts of the several counties in this State, to provide for the maintenance of bastard children. Sec. 1. ^ enacted by the Senate and House of Representatives of the,. State of Georgia, in General Assembly met, and by the authority of the same, it is hereby Bonds given enacted, That from and immediately after the passage of this act, it shall be the duty of for the main- (jie inferior courts, in the several counties of this state, when any child or children have, tenance ofbas- tard children, or shall become chargeable to the county where bonds are taken, and to be hereafter coveml^ancl" taken in conformity to an act passed the sixteenth day of December, seventeen hundred appropriated. an(j ninety-eight, as above recited for the maintenance of bastard children; to institute an action on all bonds, so taken, and to be hereafter taken in manner aforesaid, and pro- seeute the same to judgmentand it shall be lawful for them to recover the full amount of said bond or bonds, which judgment or judgments shall remain open, and be subject to be appropriated by the courts aforesaid, from time to time, as the situation and cxi- gencies of the said bastard child or children may require. PASSED IN THE YEAR 1800. 525 Sec. 2. And he it further enacted, That it shall he the duty of the justice op jus- (No. 422.) tices of the peace before whom the aforesaid bond shall be taken, to return such bond To whom said bonds are to .to the clerk of the inferior court of the county in which such female shall reside: be returned within thirty days after the same is taken. wUen taken' BENJAMIN WHITAKER, Speaker of the House of Representatives. HENRY MITCHELL, President of the Senate. Executive Department, Georgia, Assented to, 9th. December, 1809. DAVID B. MITCHELL, Governor. AN ACT To authorize James Smith of Camden county to collect the taxes due in said county for " the year 1802, and which remained uncollected by James M. Lindsay, dec. (No. 423.) HERE AS James Smith, of the county aforesaid, became bound to the State in the sum of four thousand dollars, for the faithful discharge of the duties required of the Preamble, said James M.Lindsay, appointed tax collector of the county aforesaid, for the year 1802 and whereas the said James M. Lindsay has since died, leaving a considerable amount of tax uncollected BE it therefore enacted hy the Senate and House of Representatives, in General As- james Smith semhly met, and it is hereby enacted by the authority of the same, That the said James count^autho- Smith, be, and he is hereby authorized and empowered to proceed to the collection of rized to col- the taxes that may he due, within the aforesaid county for the year 1802. And in cases iso2, for of default, to he governed by the tax laws now of force within the state aforesaid, for ^Say^'dec. the. recovery of the same* for whom he was security. BENJAMIN WHITAKER, Speaker of the House of Representatives*. HENRY MITCHELL, President of the Senate. Executive Department, Georgia, Assented to, 9th December, 1809. DAVID B. MITCHELL, GOYERHOB.. 526 LAWS OP GEORGIA, (No. 424.) . AN ACT To authorize the.trustees of the Richmond academy to convey a lotto the Baptist society9 and to lay off another range of lots in the city of Augusta. Sec. 1. jje ft enaCfe(i ty the General Assembly of the State of Georgia, That the Bichmcmd^ trustees of the Richmond Academy, be, and they are hereby authorized and required ademy autho- immediately after the expiration of the present leases of the town common of Augusta, off certain lots *o lay off a street on the south side of, and adjoining to the academy, court-house, and in Augusta. Christ church lots, of the width of one hundred and sixty feet, which shall run parallel with Telfair-street, and of the same length, which shall be called and known by the name of Walker-street. The lots how Sec. 2. And be it further enacted, That all the squares or lots of ground between appropriated. Telfair-street and Walker-street, shall be by the said trustees appropriated to public uses and buildings. A lotto be Sec. 3. And be it further enacted, That the said trustees, be, and they are hereby theVGeorg'a authorized to lay off a lot of ground between Telfair aud Walker-streets, not exceeding Baptist one half a square, for the purpose of building a Baptist church thereon, and to convey the same to the general committee of Georgia Baptists, or to such persons in trust, for the purpose aforesaid, as they have or may nominate to receive titles as aforesaid. church. a certain Sec. 4. And be it further enacted, That the street heretofore laid off on the south street hereto- . Fore laid off & side of the common of Augusta by the said trustees, and by them called " Boundary confirmed^ street," be, and the same is hereby confirmed. BENJAMIN WHITAKER, Speaker of the House of Representatives, HENRY MITCHELL, President of the Senate. Executive Department, Georgia, Assented to, 2d December, 1809. DAVID B. MITCHELL, Governor. AN ACT To alter the name of Rebecca Burnett to that of Rebekah Turner, and the name of Bartlett King, to that of Bartlett M'Crsary. (No. 425.) Certain names JOE it enacted by the Senate and House of Repesentatives of the State of altered. Georgia, in General Assembly met, and it is hereby enacted by the authority of the PASSED IN THE YEAR 1809. 527 same, That the said Rebecca Burnett shall from and after the passing of this act, he (No. 425.) known and called by the name of Rebekah Turner; and that Bartlett King, shall be known and called by the name of Bartlett M'Creary. BENJAMIN WHITAKER, Speaker of the House of Representatives, HENRY MITCHELL, President of the Senate. Executive Department, Georgia, Assented to, 2d December, 1809. DAVID B. MITCHELL, Governor. AN ACT (No. 426.) To secure to Joshua Grin age, the right to erect a ferry over Little River, at or near his mills in the county of Lincoln, on the road leading from Augusta to Petersburg. C-nri A * JO E it enacted hy the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, That Joshua Joshua Grin- Grinage, of the county of Lincoln, his heirs and assigns, shall have the right , of to establish a establishing a ferry over Little river, at or near his mills in the county of Lincoln, tieTive^L t on the main road leading from Augusta to Petersburg, at and after the following rates, that is to say: for every empty waggon and four horses, thirty-seven and a Rates of toll, half cents; for every loaded waggon and four horses, thirty-seven and a half cents ; for every ox-cart, twenty-five cents; for every four wheel pleasure carriage, fifty cents; for every two wheel pleasure carriage, twenty-five cents; for every man and horse, six and one quarter cents ; for every led or drove horse, six and a quarter cents; for every foot passenger, six and a quarter cents; for neat cattle, at and after the rate of three and one eight of a cent pet head; and for each head of goats, sheep or hogs, two cents. Sec. 2. And be it further enacted by the authority aforesaid, That the said Joshua saicj Ferry Grinage shall be, and he is hereby compelled afrall times to keep in good repair a ferry in boat or flat for the purpose of conveying across the said river any waggon, cart, &c. as and liable for all damages. above mentioned; and the said Joshua Grinage shall be, and he is hereby made answer able and liable for any, and all damages that may be sustained at the said ferry by his inattention or negleet: provided nevertheless, that the road and foard across the said river Proviso at the place aforesaid, shall be kept open and clear of all obstructions as usual. BENJAMIN WHITAKER, Speaker of the House of Representatives. HENRY MITCHELL, President of the Senate. Executive Department, Georgia, Assented to, 12th December, 1809. DAVID B, MITCHELL, Governor. 323 LAWS OF GEORGIA, (No. 427.) AN ACT ^ # To compile ami arrange the laws and resolutions of this State, passed since the political year, 1S00. The laws and ^EC" 4* 35 E it enacted by the General Assembly of the State of Georgia, That during this^stat«S °f 3rear *be *aws °F Ibis State, passed since the political year 1800, and the con- since the year curred and approved resolutions, except such as relate to elections by the General Assejn- compiled. bly, and every tenth, thereafter, shall be Compiled, arranged, and printed. A person to Sec. 2. Be it enacted by the authority aforesaid, That the legislature shall by joint for tEat'pur- ballot of both branches, appoint some fit and proper person to compile and arrange the pose, who is laws of this State, in pursuance of this act, and report the same to hi9 excellency the same^th®6 governor, who shall approve or disapprove of the same. And when the work shall he governor. thus performed and approved by his excellency the governor, he shall pay out of the Who is to pay contingent fund, to the person thus performing the work, a sum of money, which he out of thec'on- shall deem an adequate compensation for the work. tingent fund. Sec. S. And be it ftirther enacted, That if his excellency the governor shall approve sand^volumts °f such compilation of the laws of the State,* as may be reported in conformity to this to be printed.. ac^ tjiat ^en he shall cause to be printed in quarto or octavo bound volumes, two thou- s&ud copies of the laws, as shall be reported to and approved of by his excellency, in terms of this act. Sec. 4. And be it further enacted, That after the said laws are compiled, arranged The manner an<* Printed> bis excellency the governor shall cause the same to be distributed in the of distribut- respective counties of this State, agreeably to the rules laid down by the constitution for ing them. apportioning the representatives in the respective counties; and the proportion which , shall he assigned to the different counties shall be transmitted by the governor to the justices of the inferior courts, who shall distribute the same in proportion to the number of civil officers in such county. Five hundred ®EC* &e it further enacted, That as often as the laws of this State shall he volumes to be compiled, arranged and printed, in pursuance of this act, his exeelleney the governor the distribu- shall reserve five huudred volumes, for such further distribution as the legislature may tion of the le- • >„ ^ gislature. think proper. BENJAMIN WHITAKER, Speaker of the House of Representatives. HENRY MITCHELL, President of the Senate. Executive Department, Georgia, Assented to, 12th December, 1809. DAVID B. MITCHELL, Governor VASSED IN THE ATiH 1809. am AN ACT (No. 428.) To repeal an act compelling clerks to keep their offices at or within one mile of their respective court-houses, so far as respects the county of Scriven. T V HEREAS from experience it is found inconvenient for the clerks of (lie county of Semen to keep their offices within the limits pointed out by the above recited act, 1'kmhMc. For remedy whereof, BE it enacted by the Senate and House of Representatives The act com- of the Stale of Georgia, in General Assembly met, and it is hereby enacted by the autlio- t^keep^th^iu rity of the same, That from and after the passing of this act, the clerks of the superior aa5mi]e and inferior courts of the county of Scriven, shall not be compelled to keep their offices of the court . , . , .. , .. , , house repeal- within lees than three miles of said court-house. ed as to Scriv- en county. BENJAMIN WHITAXER, Speakci* of the House of Representatives. HENRY MITCHELL, President of the Senate. Executive Department, Georgia, Assented to, 12th December, 1809. DAVID B. MITCHELL, Governor. AN ACT (No# 429.) To prohibit Duelling, &c. j E it enacted by the Senate and House of Representatives in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the first auJiung,eVand day of March next, any person or persons, who shall give, bear or accept a challenge, *1* knowing it to be so, in writing or otherwise, or having given, borne or accepted a chal- pal or second, lenge, or shall in any way be concerned therein, or accessary thereto, either as second t^UwT5*104 or principal in the promotion of a duel, and being thereof duly convicted, shall not thereafter be capable of holding any office of honor, trust or profit within this State. BENJAMIN WIIITAK.ER, Speaker of the House of Representatives. HENRY MITCHELL, President of the Senate. Executive Department, Georgia, Assented to, 12th December, 1809. DAVID B. MITCHELL, Governor. S 3 LAWS OF GEORGIA, (No. 4i30.) AN ACT To provide for taking the census of this State, «s required by the constitution. Sec. i. jp|e m enacted by the Senute and House of Representatives, in General As sembly met, and by the authority of the same, That it shall he the duty of the justices to be t-'kerflk inferior court, or any three of them, in each counly respectively, within sixty the manner of days after the adjournment of this legislature, to appoint one or more persons in ca*h sonTfof that county, that is to say, one person in each battalion that may be in the respective eounties, purpose. whose duty it shall be to fake a full and accurate census or enumeration of all free white persons and people of color residing therein, distinguishing in separate columns, the free white persons from the persons of color, and return the same to the clerks of the supe- rior courts of the several counties, certified under their hands, on or before the first day of October next, the persons so appointed being first severally sworn before the said to tat - an or eiHieF °f them, duly and faithfully to perform the trust reposed in them j •atk. and it shall he the duty of the said clerks to transmit all such returns'uuder seal to tho speaker of the House of Representatives on the first Monday in November next; aud it shall be the duty of the legislature at their next session, to apportion the members of the House of Representatives among the several counties agreeable to the plan prescribed by the constitution. Sec. 52. And be it further enacted, That in case the j uslices of the inferior courts shall fail to appoint persons to take the enumeration within the period of sixty days after the adjournment of the legislature, that then the justices of the peace, or any three of them, shall have and exercise the powers respecting the said census; and if the census or enu- jneration of any county shall not be so taken and returned, then and in that ease, the General Assembly shall apportion the representation of such county according to the best evidence in their power, relative to their population. Sec. 3. And be it further enacted9 That the persons appointed to take the census of The Census or enumeration, shall receive4 the sum of six and a quarter cents for each family so taken t tkers. an(j enumerated. AVko to take the census m case the infe- pior court fail to appoint persons for that purpose. BENJAMIN WHTTAKER, Speaker of the House of Representatives. HENRY MITCHELL, President of the Senate. I Executive Department, Georgia, Assented to, 12th December, 1809. DAVID B. MITCHELL, Goybhbor. l'ASSED IN THE YEAH 1S09. AN ACT (No. 431.) To give relief to all ordained ministers of the gospel, so far as respects their serving as jurors, or doing militia duty. HEREAS the ordained ministers of the gospel are not by law exempted from serving as juror*, or doing militia duty; for remedy whereof, Preamble. Sec. 1. RE it enacted by the Senate and House of Representatives of the State of ordained min. Georgia, in General Assembly met, and by the authority of the same, That from and ^pei °ex-h* after the first day of January next, no ordained minister of the gospel shall b© compelled "apt from . . Kkilitia duty; to do militia duty within the limits of this State, in time of peace. Sec. 2. And be it further enaeted, That the judges of the superior eourts, the jus- tices of the inferior eourts, and justices of the peace, are hereby authorised, on ap- terrinj on ju- plication, to excuse them from service on the juries of their different courts, the appli- rie*' cation to be made in writing or otherwise. BENJAMIN WIIITAKER, Speaker of the House of Representatives. HENKY MITCHELL, Prtsident of the Senate. Executive Department, Georgia, Assented to, 12th December, 1809. DAYID B. MITCHELL, Goyerxou. AN ACT (No. 4St.) To alter and amend the eighty third section of the judiciary, passed the 9th of February, 1797, and to amend the judiciary, passed the 16th February, 1799. - ' ¥ V HEREAS the said section compels all constables in the company district, where the court house is in, for holding the superior court, to make their sales at said court Preamble, house; for remedy whereof, Sec. 1. BE it enacted by the Senate and House of Representatives of the State of All con»u- Georgia, in General Assembly met, and by the authority of the same, That from and after {Rafter8 to the first day of January next, all constables' sales in the several company districts in this Stale, shall be held at the place for holding the justice** court i« said district j any law, justice custom or usage to the contrary notwithstanding. court*. 5S2 LAWS OP GEORGIA, (No. a32.) Sec. 2. And be it further enacted, That the sheriff's of Richmond and Chatham, the where con constaWes °f the Augusta and Savannah districts, shall be, and they are hereby autho- stables and rized and required to hold their sales at the market house in the city of Augusta, and Ire"?take3 *he court house in the city of Savannah; any thing contained in this law, or any other, place m Au- £0 contrary notwithstanding. gusta and Sa,- . ° vannaU. BENJAMIN WHITAKER, Speaker of the House of Representatives. HENRY MITCHELL, President of the Senate. Executive Department, Georgia, Assented to, 12th December, 1809. DAVID B. MITCHELL, Goyebnob. (No. 433.) AN ACT To levy an extra tax upon the lands of absentees in the county of Glynn, to be applied to the erecting bridges, &c. in said county. IIEREASf an act was passed on the 3tU day of December, 1807, empowering certain commissioners therein named, to open a road across the Big and Little Buffaloe, in the aforesaid county, to intersect the road leading from St. Mary's to Fort Barrington, Preamble commissioners find the task too arduous for the force that can be brought upon said road to make the necessary bridges, &c. unless the legislature should pass an act, to lay an extra tax upon the lands of absentees, the major part of the lands in the Buffaloes being owned by persons residing out of the State, who will receive immense benefit from the said road, without contributing any labor towards its completion. Extra tax le- ®EC* ** enacted by the Senate and House of Representatives of the State of vied on the Georgia, in General Assembly met, and it is enacted by the authority of the same, That lands of absen- tees in Glynn a tax not to exceed one half of the general tax, he laid upon the lands of such persons purpose°of residing without the State, to be collected by the tax collector, he to be allowed for bis rcctingbridg- services, such per eentage as he receives upon the general tax. The money 2. And be it further enacted, That the amount so collected, shall be paid to ancWiow^ap- **ie ireasurer the hoard of commissioners for said road, to be by him applied to the plkd. erecting of bridges, &e. upon said road. BENJAMIN WHITAKER, Speaker of the House of Representatives. HENRY MITCHELL, President of the Senate. Executive Department, Georgia, Assented to, 12th December, 1809. DAVID B. MITCHELL, GOYEBNOH. PASSED IN THE TEAR 1809. 533 AN ACT (No. 434.) Further to extend the powers of the comptroller general, so far as to relieve the heirs and legal representatives of William Pearce, a soldier in the late State troops. IIEREAS John Pearee, the brother and legal representative of William Pearce, deceased, was possessed in his own right of a certificate for services rendered by the said "William Pearce, as a private soldier in captain Robert Flournoy's company, in the said State troops; and whereas the legislature, by a concurred resolution, passed on the 21st of November, 1800, directed the comptroller to issue a duplicate in lieu of said original, which was proved to be lost, on his the said Pearce's indemnifying the State against said original; and whereas the said Pearee has suffered the time to elapse, in which papers of such description were to issue agreeable to a law, passed the 5th day of December, 1799; for remedy whereof, Sec. 1. BE it enacted by the General Assembly of the State of Georgia, and it is ^ hereby enacted, That the comptroller general is hereby authorized and required to issue troiier to the heirs and legal representatives of William Pearce, a bounty warrant for six him- jjj dred and forty acres, on their indemnifying the State against the former certificate, heirs of wm. within twelve months from the date. Sec. 2. And be it f urther enacted, That the said warrant when issued, shall be re- eeived by the treasurer at the treasury office in payment for any debts that are, or may at?he treal hereafter become due on bonds taken and deposited in said office for fractional surveys in suIry °^ce>as ^ other bounty the counties of Baldwin and Wilkinson, at and after the rates of thirty one and a quarter warrants, cents per acre ; any law to the contrary notwithstanding. BENJAMIN WIIITAKER, Speaker of the House of Representatives' HENRY MITCHELL,, President of the Senate. Executive Department, Georgia, Assented to, 12th December, 1809. DAVID B. MITCHELL, Govep.xou. AN ACT To alleviate the condition of debtors, and to repeal "An Aet to alleviate the condition of debtors, and to afford them temporary reliefpassed the 20th day of December, 1808, Sec'1* JD> E it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it i$ hereby enacted by the authority (No. 433.) 55k kAWS OF GEORGIA, (No. 4<35.) of the same, That where execution has issued or may issue on judgments already had The eald of am* Stained, or that may be had and obtained after lite passing of this law, the defend- property may ant or defendants may stop the sale of property, by paying one third of the amount of th/defeMd-b/ judgment, debt and costs, and by entering good and sufficient security with the clerk, onethSd of s^el't^ coroner, or justice, as the case may be, for the ultimate payment of the balance the execution, of the judgment, interest and costs, at the expiration of the time for which this law and giving . security. "was passed. To extend to Sec, 2. And I e it further enacted, That this law shall not extend to prevent the taxe» fc torts. rec0YePy 0j taxos> or affect actions founded on torts and wrongs. Judgments to gEe, 3. And he it enacted. That all judgments shall hear interest, bear interest. - Continuation Sec. 4*. And he it further enacted, That this law shall continue and he in full force of this act. and-effect-until the 25th of December, 1§10. Sec, 5. And be it further enacted, That no court, officer or officers shall be per- mitted to enter into any rule, so as to authorize them to receive any other cost than the one third as pointed out by the above recited act, until its final collection. What cost to be received. wh t h-11 ^n^ ^6 ^ ~fur^ier enae^f That in all cases where the debtor will pay one exonerate a third of. the debt due to bis, her or their creditor or creditors, and give good securityfor debtor From suit, / the payment of the balance, it shall exonerate them from being sued during the couti- nuation of this act. The 'payment & further enacted, That where one third has or may be paid prior of a third be- to the 25th of December, 1808, that then arsd in that case, the debtor shall not be com- 1809, shallsa- peiied to pay any other third of the amount of principal and interest recovered on judg- dTtor Ctim ments» 'wntil the first day of May, 4810, at which time he shall pay one half the sum 1st May l$io. then due. What to be paid then. v ^ k Sue. 8. And he it further enacted, That the treasurer shall not be authorized to aer th© *r«a. issue his execution against any purchaser of fractional surveys for more than one third sjSliis'execu- *18? hr their bomU, when such at 9 res aid debt shall become due, when theie has tjonsM)n^fr&c- been already one third paid, or may he paid, by the 25th of December, 1809: that then and in that case, the debtor or debtors shall not be compelled to pay any other third until the first day of May, 1810. Sec. 9. wind he it further enacted, That no ca sa, that has been or may hereafter he be acted mb, if issued, -shall be Executed or acted on: provided the defendant or defendants in judgment ctLpiy^^11 Goml^J with the requisitions of this act, or give up property sufficient to satisfy this law. 8aid debt agreeable to this act. TASSED IN THE YEAR 1800. HS Sec;. 10. And he it further enacted, That if any security taken in virtue of this (No. 4S5.) act, hath good grounds to believe that the defendant for whom he, she or they may be Sreul,'tr hound, hath, amoved or absconded, or is about to remove or abscond from the county, prkeei &- and makes oath thereof before any judge, justiee of the inferior court, or justice of the fit3pai!fhe peace, such security may proceed against his, her or their principal, as in eases of at- re* tachment. Sec. li. And he it further enacted, That nothing contained in this act shall operate upon or be construed to effect any contract which shall be entered into after the 35th day of of December, 1809. - 18(19, hot tf- fee ted by this law* Sec. 13. And he it further enacted, That the act passed the 20th day of December, Ac{ofr>eceBS 1S0S, entitled, « an act to alleviate the condition of debtors, and afford them temporary ber 1808, re- relief," be and the same is hereby repealed." pealed. Sec. is. And he it further enacted, That this act shall not be construed to exonerate This act nn to rcli6vc so-* aay securities which have been given under the above recited act, or the act entitled " an act to alleviate, the condition of debtors and afford them temporary relief," passed the 23d day of May, 1808. eurities given, under the &>• Tboye act,, oa, th® act of May, 1808. Sec. 14. And he it further enacted, That in all eases where property shall be sold ivherepro* by virtue of an execution, and such property shall sell for one third part of Jlie original judgment, one third part of the costj and one third part of the interest* the defendant or perty under execution sells for on« third of the defendants shall be at liberty to stay any further proceedings thereon, by giving security judgment the in conformity to the requisitions of this act, for the remaining two thirds of such judg- may 8Uy fur_ merit, interest and cost j and if the property shall sell for more than will be sufficient by°g^*-F to pay the one third as aforesaid, the overplus shall be returned to the defendant, or de-< hig security « , .... „ . 1 hi terms of fendants, on their giving security as aforesaid. th]» law. ' And where it , - sells for more BENJAMIN WHITAKER, Sneaker of the House of Representatives, the overplus to be refunded > upon like se- .HENRY MITCHELL, President of the Senate. ' °«»y- Executive Department, Georgia, Assented to, 13th December, 1809. DAVID B. MITCHELL, Gots^NOK. 535 LAWS OF GEORGIA, 'No. i< AN ACT Jttort effectually to punish the crime of ho esc Mealing. Skc* He it enacted by the Senate and House of Representatives of the Slate of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, fence of horse That front and immediately after the passing of this act, all and every persc-n or persons pTn'sh xl h°W v^i0 ma*^ 0l* s'ia^ ^,ei'ea^eP convicted of feloniously stealing, leading, taking, or driv- iugaway any horse, gelding, mare, colt, filly, ass, or mule, or be accessary thereto, shall on being duly convicted thereof, for the first offence, be sentenced to receive thirty nine lashes on his, her or their bear back, on three several days, and on the said several days stand in the pillory one hour, and shall at the same time be sentenced to imprisonment, not exceeding one month, nor less than twenty days. Second of- ®EC# 2* &e ^ further enacted, That if any person or persons shall hereafter be cdwUhdeatii" a see0K^ ^me convicted of feloniously stealing, taking, or driving away any horse, geld- ing, filly, colt, ass, or mule, or of being accessary thereto, he, she or they, shall ho adjudged guilty of felony, and shall suffer death without benefit of clergy. ^ ^ Sec. 5. And be it further enacted, That the keeper of the jail where such prisoner to discharge* or prisoners may be committed under sentence of the court before whom such prisoner them after payment of or prisoners maybe convicted, shall forthwith discharge the prisoner or prisoners, as tho cost. case may he, upon their complying with the sentence of said court, and upon paying cost of his, her, or their prosecution. « Repealing- Sec. k. And be it further enacted, That ail laws or parts of laws, which may in clause. any wise militate against the provisions of this act, shall be, and the game is hereby re- pealed. 1 * * BENJAMIN WBITAKER, Speaker of the House of Representatives. HENRY MITCHELL, President of the Senate. Executive Department, Georgia, Assented to, 12th December, 1809. DAVID B. MITCHELL, GOVERNOR. PASSED IN THE YEAR 1809. AN ACT To amend an act, to revive and continue in force, an act, for the limitation of actions, and avoiding suits in law, passed 8th December, 1806. (No. isr.) IIEREAS, some doubts exist as to the period at Avhich bonds, notes, and open accounts shall be limited in consequence of the word specialties, and other indefinite ex- pressions being used in the second section of the aforesaid act. Sec. l. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, That from and after (he passing of this act, ail actions founded on bonds or instruments under seal, shall be commenced and sued within (wenty years after the said bond or other instrument shall become due, and not after, and that all actions founded upon notes, and other ac- knowledgments under the band of the party, shall be commenced within six years from the time such note or acknowledgment shall become due, and not after; and that all actions founded upon open account, shall be commenced within four years from the time such account accrued, and not after. Sec. 2. And be it further enacted, That all acts, and parts of acts that militate against this law, shall be, and the same are hereby repealed. BENJAMIN WHXTAKER, Speaker of the House of llepresentatives. HENRY MITCHELL, President of the Senate. Executive Department, Geqrgia, / Assented to, 13th December, 1809. DAVID B. MITCHELL, Governor. Preamble. In what time actions are to be commenc- od upon bonds or instru- ments under seal. 20 years. ypon notes, sfx years. Upon open ae. counts, four years. Repealing clause. '.AN ACT To continue in force an act passed on the 22 d day of December, 1S0S, giving further time- to the fortunate drawers in the late land lotteries to take out their grants. E it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is enacted by the authority of the same, That the time allowed by the above recited act, for taking out grants, be, and the same is hereby extended and continued until the 25th day of December, eighteen hundred and ten.* BENJAMIN WHITAKER, Speaker of the House of Representatives. HENRY MITCHELL, President of the Senate. Executive" Department, Georgia, Assented to, 12th December, 1S09. DAVID B. MITCHELL, Governor. (No. 438.) Further time given to the fortunate drawers to take out their grants. * Further time given by act of 1810, No. 488. T 3 53S LAWS OF GEORGIA, (No. 439.) AN ACT To authorize the justices of the inferior court of the county of Wayne, with the clerk and sheriff of said county, to draw grand and petit jurors for the next ensuing term of the superior court for said county.# E it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is enacted by the authority of the same, That the jus- To authorize tices of the inferior court of Wayne county, with the clerk and sheriff of said county, ofC grand and ^ and they are hereby authorized as soon as maybe, to break the seal of the jury box petit juries of said county, and to draw therefrom in the manner prescribed bylaw, grand and petit superiorcourt jurors to serve at the next ensuing term^f the superior court in said county; and if it «ouutyfne shall so happen that there be no superior court held at the next term for said county, that then and in such case, it shall and may be lawful for the said justices of the inferior *' co\irt, with the clerk and sheriff, to proceed in manner herein before^enacted, tp draw grand and petit jurors Tor the term of the superior court then next ensuing; and when- ever the justices of the inferior court, with the clerk and sheriff of said county, shall have proceeded to draw jurors in the manner pointed out by this act, that they shall immediately thereafter close and re-seal the jury box, and deliver the key thereof to the proper officer, BENJAMIN WIIITAKER, Speaker of the House of Representatives- HENRY MITCHELL, President of the Senate. Executive Department, Georgia, Assented to, 13th December, 180& DAVID B. MITCHELL, Governor. (No. iiO.) AN ACTt To make permanent the seat of the public buildings for the county of Pulaski. Sec. 1. ^ enacted iy tfie Senate and nouse of Representatives of the State of The site of Georgia, in General Assembly met, and by the authority of the same, That the site tiie public m buildings of of the public buildings in the county of Pulaski, he, and the same is hereby established marTentiy es-" an(^ ma^e permanent on lot number three hundred and ninety-four, in the twenty-first tabliehed. district, formerly Wilkinson, • Authorized by act of 1810, No. 524, to draw jurors annually, t This act amended by act of 1810, No. 511. PASSED IN TIIE TEAR 1809. -Sec. 2. Jlnd be it further enacted, That the justices of the inferior court for gaid (No. 440.) county, be, and they are hereby fully authorized and empowered to lay out and sell for Lot^ tQ be the use and benefit of said eounty, what number of lots they, or a majority of them, sold for coun- may think proper, first giving forty days public notice in one of the public gazettes of P"1"!108*8, this state, and advertizing at three or more of the most public places in the county, upon such terms as the said court, or a majority of them, may think proper. BENJAMIN WHITAKER, Speaker of the House of Representativesv 'HENRY MITCHELL, President of the Senate. Executive Department, Georgia, Assented to, 13th December, 1809. DAYID B. MITCHELL, Governor. AN ACT (No. 441.) To authorise the justices of the inferior courts of Laurens and Pulaski counties to levy an extra tax, which shall not exceed one half of the general tax, for the purpose of defraying the expenses of running the dividing line between said counties of Laurens and Pulaski. Sec. 1. | enacfe^ the Senate and House of Representatives, in General Jlssem- e*Jrahta* bly met, and by the authority of the same, That the justices of the inferior courts, of counties of Laurens and Pulaski, are hereby authorized to levy an extra tax for the purpose of de- pSaskf, for fraying the expense of running the line dividing the counties of Laurens and Pulaski, ofie which tax shall not exceed one third of the general tax, and the tax collectors of said running the counties are hereby authorized to collect the same, in the same manner that the general betweea tiem tax is collected, and pay the same into the hands of the justices of the inferior courts for the purposes aforesaid. Sec. 2. Jlnd be it further enacted, That the aforesaid justices of the inferior courts Tlic survey*- of said counties of Laurens and Pulaski, shall be, and they are hereby authorized to pay 0r of said line to John Thomas, out of the said money, what may (by a majority of the said justices) g°te!i;C0J7ipen" be deemed and considered a reasonable compensation for his labour and services, in and ' about the running the said division line between the aforesaid counties of Lauyens and Pulaski. BENJAMIN WHITAKER, Speaker of the House of Representatives. HENRY MITCHELL, President of the Senate. Executive Department, Georgia, Assented to, 13th December, 1809. , DAVID B. MITCHEJX, Qoybknok. LAWS OF GEORGIA, (No. 4*2.) AN ACT To limit the jurisdiction of the aldermen of the city of Savannah, so far as relates to the regulation of the market. Preamble. HEREAS the citizens of this State, who take their produce to the market of Savannah, consider themselves imposed upon by being detained in market under an or- (finance made by the incorporated body aforesaid, for remedy whereof, BE it enacted by the Senate and House of Representatives of the State of b?°prevented Georgia, *n General Assembly met, and by the authority of the same, That from and imme- from selling diately after the passing of this act, no person or persons attending said market with the market at any commodity for sale, shall be detained in said market, or debarred from selling by tw sunrise*" ^ wholesale or retail, after the rising of the sun; any law, ordinance, or usage to the contrary notwithstanding. BENJAMIN WHITAKER, Speaker of the House of Representatives^ HENRY MITCHELL, President of the Senate* Executive Department, Georgia, Assented to, 13th December, 1809. DAVID B..MITCHELL, Governor. (No. 443.) AN ACT To authorize the justices of the inferior court for the county of Telfair, together with the clerk and sheriff, to draw grand and petit jurors,* Preamble. V V HEREAS there is no law authorizing jurors to he drawn as aforesaid; , BEfi therefore enacted by the Senate and House of Representatives, in General Asscm-~ bly met* and by the authority of the same, That the justices of the inferior court of the To authorize county aforesaid, be, and they, or a majority of them, together with the clerk of the •f^urieTfor sui,ei'i°r court, and sheriff of said county, are hereby authorized, on the first Monday in relfor\heOUn" Jaauary Eex^ break the seal, and draw a grand and petit jury, to serve at the next pe'rior court, superior court, to he held inland for said county; and after the jury shall be thus drawn as aforesaid, the justices shall again seal the boxes, and deliver them as weil as the keys, to the proper officers. . BENJAMIN WHITAKER, Speaker of the House of Representatives, IIENRY MITCHELL, President of the Senate, Executive Department, Georgia, Assented to, 13th December, 1809* DAVID B. MITCHELL, Governor. * This privilege continued act of 1810, No. 511. PASSED IN THE YEAR 1809. 541 AN ACT (No. 44i.) To authorize the clerks of the superior and inferior courts, clerks of tl]e courts of ordi- nary, sheriffs, coroners and surveyors, to hold their offices during the intervention between the election and oommissioning of their successors, and to regulate the transfer of papers and monies. HEREAS considerable evils may result from the suspension of duties incumbent p^camj>ie. upon the clerks of the superior and inferior courts, clerks of the jsourts of ordinary, * sheriffs, coroners, and county surveyors; for remedy whereof, Counlyoffi- cers to hold Sec. 1. BE it enacted by the Senate and House of Representatives, in General Assem- their offices bly met, and it is hereby enacted, That the aforesaid officers shall perform all the duties ume" between of their respective offices during the time intervening between the election and commis- ^^com sioning of their.successors, with all the responsibilities to which they were liable, pre- missioning of' ~ their succes- vious to the said election. , s^rs. To make out Sec. 2. Re it also enacted by the authority aforesaid, That it shall be the duty of ©acli and every officer aforementioned, to make a schedule of all papers and monies in moniesm their his hands, or appertaining to his office, and to exhibit the same to thp inferior court of his county, thirty days before the election of county "officers. hands belong- ing to their of- fices. To whom to be given. To make out another to be given to thd successor on appertain and belong to the said office. comffig °ffito S Sec. 3. Be it further enacted, That on the day on which the said successor shall by virtue of his commission enter upon the duties of his office, his said predecessor shall put into his^ hands a schedule of all the papers and monies, which' on the said day shall. office. Sec. And be it further enacted, That the said successor shall not be liable for Successors. any papers not contained in said last schedule, but his predecessor shall be liable as not liable for any papers not aforesaid, in the same manner during the time intervening between the election and contained in commissioning of his said successor, as he was previous to said election. Wtiie pre^e- cessor shall. Sec. 5. Jlnd be it further enacted, That it shall be the duty of the officers elected, «. ... . ... •• Inwhattime as aforesaid, to make application to the executive for their respective commissions, and to whom application for commissi-, ons must be made. Records to he within twenty days after their having been elected to either of the said offices. Sec. 6. And be it further enacted, That it shall be the duty of the clerks of the su- perior and infer ior courts, and the clerks of the courts of ordinary, to keep their records £eP£in bound in books well bound. BENJAMIN "WHITAKER, Speaker of the House of Representatives*. HENRY MITCHELL, President of the Senate. Executive Department, Georgia, Assented to, 13th December, 1809. DAVID B. MITCHELL, Goyeenou. 54t LAWS OF GEORGIA, (No. 445.) . AN ACT For the renewal of a certain audited certificate, therein mentioned. .HEREAS it appears to the satisfaction of this legislature, that Henry Josey, in Preamble, rliis life time, was possessed of and entitled unto an audited certificate in favor of Wil- . liam Walton, a lieutenant in the eighth company, first regiment of State troops, for a bounty of land containing eight hundred acres, dated the 9th February, 1790, signed by John Clark, L. C. C. Thomas Martin, inspector general, and examined and counter- signed by James Mereweiher, auditor, P. T. and that on or about the time of the pass- ing of an act, directing the renewal by the comptroller general of the outstanding evi- dences of debt against this State, the said Henry Josey departed this life, leaving a large family of young children, who were incapable of attending to business of this na- ture, and that the time limited in said law for the purpose aforesaid, expired, previous to the said orphans having any person to represent them j for remedy whereof, yhe comp. gEC. ±m j>e ft enacted by the General Assembly of the State of Georgia, That the trailer to issue , . . , & bounty war- comptroller general be, and he is hereby authorized and required to renew the above "heirsofHenry described bounty warrant, upon application. Josey. " To be receiv- ®EC* 2* n& &e it further enacted, That the said certificate or bounty warrant re- (br fracfm a"' newe<*» may rece*ved in payment of the sales of fractional surveys, upon the same terms as those which were renewed prior to the passage of this act. * BENJAMIN WHITAKER, Speaker of the House of Representatives. HENRY MITCHELL, President of the Senate. Executive Department, Georgia, Assented , to, 13th December, 1809. DAYID B. MITCHELL, Governor. (No. 446.) AN ACT To amend the seventh section of an act, entitled, " An Act, to alter and amend the several militia laws of this State, and to organixe the cavali*y," passed the 17th December, 1s0s. Xo corporal JSe it enacted by the Senate and House of Representatives of the State of Georgia, the militia m lu ®enera* Assembly met, and it is hereby enacted, That so much of the above section a» relates to, or authorizes corporal punishment, be, and the same is hereby repealed. BENJAMIN WHITAKER, Speaker of the House of Representatives. HENRY MITCHELL, President of the Senate. Executive Department, Georgia, Assented to, 12th December, 1809. DAYID B. MITCHELL, Governor. PASSED IN THE YEAR 180*. AN ACT (No. iir.) To alter and amend an act, entitled, " An Act to regulate and keep in repair the public roads, causeways and bridges, in the counties of Burke, Jefferson, Richmond, Greene and Morgan," so far as respects the counties of Burke, Jefferson and Richmond.# HEREAS the law now in force for keeping in repair the public roads, causeways and bridges within the counties of Burke, Jefferson, Richmond, Greene and Morgan, Preamble, is from experience found to be ineffectual, so far as respects the said counties of Burke, Jefferson and Richmond; for remedy whereof, Sec. 1. BE it enacted by the Senate and Mouse of Representatives of the State of Georgia, and by the authority of the same, That the justices of the inferior courts for the respective counties of Burke, Jefferson and Richmond, at.their first term or session th^worSnp* held after the passing of this act, shall proceed to appoint one fit and proper person, to JiS0ro2SPiii'" each and every public road leading through each captain's district, or forming the boundary the^counties line thereof, as commissioners of the said roads, within the limits of the several and Burke & Jef- respective districts for which they may be so appointed; and the said commissioners shall aTfauiters^io6 he respectively notified of their appointment by the clerk of the inferior court, within appoint com- 1 * missioners, thirty days thereafter, under the penalty of ten dollars, for each and every default; and and to appor- if any commissioner or commissioners of the public roads, appointed under this act,' shall tlonhandg &r* not within ten days after being notified of such appointment by the clerk, make his or their resignation in writing, to some one of the justices of the inferior court, such com- missioner or commissioners shall be considered as having accepted of such appointment. And the commissioners so appointed, shall meet at the place of holding courts, within the captain's district to which they are'respectively appointed, on the last Saturday in the month of March in each year, and then and there proceed to apportion the hands liable by this act to work on the public roads, causeways and bridges, residing within the boundaries of such captain's district, to each of the said public roads, leading through or bounding on such district, in the best and most equitable manner, they the said commissioners can devise, having respect as much as possible, to the convenience of each individual liable to work on the said roads, causeways, and bridges, or owning or having the possession or charge of hands liable to work thereon. And the said commissioners shall also, at the same time, appoint one or more person or persons, as overseer or overseers to each of the public roads within, or bounding on each district as aforesaid, to which they belong, whose duty it shall be to attend and overlook the hands liable to work on the said roads, causeways and bridges, when called out for that purpose; and the said commissioners shall likewise, at the same time and place, appoint one or more fit and proper person or persons, whose duty it shall be, from time to time, when required by the commissioners, or a majority of them, to warn and give notice to all persons liable to work on the publie *• This act amended by act of 1810, jNTo. 550. LAWS OF GEORGIA, (No. Ai7.) roads, causeways anil bridges, witliin sueli district, or owning or having possession or charge of hands liable to work thereon, to assemble at such time and place, as shall be appointed by the said commissioners, f«r the purpose of working on, and repairing such part or section of the public roads, causeways, or bridges, as the said hands may be apportioned or allotted to; and the said person or persons, so appointed to warn or notify as aforesaid, shall be furnished with correct lists of the persons and hands liable to work on, and apportioned to the several public roads, within the district for which they are appointed by the commissioners, and of the owners of ail slaves or persons having the charge or possession of slaves, liable to work as aforesaid, in order that he or they may he enabled to notify all those concerned, of their respective allotments. In consideration of whieh services, together with the duty of warning or notifying the several and respective defaulters and delinquents under this act, when thereunto required by the said commissioners, or a majority of them, of the time and place of meeting, in order to offer their excuse to the said commissioners for such default, they and each of tliem shall be exempt and excused from any other service* or labor, in and about the said public roads; but they, and each of them, shall be subject and liable to be fined for any neglect or refusal to perform the several duties enjoined on them, by this act, in a sum not exceeding five dollars. And the said overseer or overseers of such section of the public roads, for which they are respectively appointed, shall personally attend at the times and places directed by the commissioners for assembling the hands apportioned thereto, and proceed to have their respective allotments of the said roads, put in good and sufficient repair; and in default, he or they so offending, shall he fined by the com- missioners or a majority of them, in a sum not exceeding ten dollars, for each and every such default or neglect of duty. And the said overseers shall respectively he furnished by the commissioners with a list of the persons and hands apportioned to the section or part of the public road, for which they are severally appointed. And the said overseers shall make returns on oath to the said eommissioners, or to some one of them, within five days after every time of working on, and repairing the said roads, of all defaults or deficiencies which may have taken place, or happened during such time of working on, and repairing the same; and for each and every default or neglect, to make such return as aforesaid, the said overseer or overseers shall he fined in manner aforesaid, in a sum not exceeding five dollars. And the said commissioners shall within twenty days after the time of working on the said several public roads, convene at the place of holding justices' courts in the district to which they belong, and then and! there proceed to hear and determine on all such excuses as may be offered by defaulters, and a majority of such commissioners so convened, shall have full power and authority to decide in all cases of default and delinquency, and to issue executions under their hands and seals, directed to some constable for said district, for the amount of all fines by them imposed under this act. And it shall be the duty of such constable, to levy and collect such fines in tie same way and manner, as executions issuing from the justices' courts of tie district arc collected, and he shall be entitled to the same fees; and when collected, he the said coin PASSED IN THE YEAR 1809. SiS stable shall in all cases make due returns of all executions placed in his hands by the (No. W.) eommissioners for collection, within the term of thirty days after receiving the same, and shall at the same time pay over to them, or any one or more of them, the whole amount he shall have collected on such execution or executions* under the penalty of twenty dollars for each and every neglect or refusal to make such return, and to pay over as aforesaid. Who liable io Sec. 2. And be it further enacted, That every male white inhabitant, free negro* or mulatto, and every male slave above the age of sixteen, and under forty-five years, work on said Within the counties aforesaid, shall be and they are hereby declared to be obliged to ap- to^appear™ pear with an axe, grubbing hoe, or weeding hoe, and work on the several roads, cause- thei'e0B- ways and bridges, to which they may be severally allotted or apportioned, by the com- missioners appointed under this act, 6r such male white inhabitants, mulattoes, and free negroes, and the owners, managers', or employers of such male slaves, shall be liable to the fines and penalties in this act, defined and expressed. What fines Sec. 3. And be it further enacted, That every male white inhabitant, free negro, or mulatto, who after being duly notified or warned, to meet and work on such part or niaybeinflic" section of any of the public roads, as he or they shall be assigned or apportioned to, under this act, shall neglect or refuse to obey such summons or warning, lie or they shall, for each day he shall neglect or refuse to meet and work as aforesaid, be fined in a sum not exceeding one dollar; and for every day the owner, manager or employer of any male slave or slaves, liable to work as aforesaid, neglect or refuse to send such slave or slaves, to perform such labor, agreeable to the notice given for that purpose, he, she or they ^liall he subject to a fine not exceeding one dollar, for each slave so detained or, not sent. Duty of cbmx missioners, in making re- turn of de- Sec. 4. And be it further enacted, That the commissioners of the public roads, ap- pointed under this act, shall respectively make annual returns in writing upon oath, to the inferior court of the county by whom they were appointed, bf all monies received by them on account of fines, penalties or forfeitures imposed or incurred under, and by vir- ^sters' and tue of this act; and shall likewise, at the time of making such returns, pay over to the said court the amount of all such monies so received by them during the preceding year • and the said commissioners shall be, and they are hereby declared to be authorized to administer all necessary oaths for carrying this act into full effect, so far as respects the duties of their appointment. And in all cases of default or negleet of duty by the com- missioners of the public roads, appointed under this act, they, and each of them, upon application to the inferior court of the county wherein they reside, and" sufficient proof of such default being made to said court, shall be lined in a sum .not exceeding twenty dollars for each, and every such default or neglect of duty; Sec. 5. And be it further enacted, That all fines, penalties and forfeitures which may he imposed and received under, and by virtue of this act, shall be by the Inferior Y 3 Fines hc\V ap* propmted." SiG- LAWS OF GEORGIA* (No. 4 if.) Courts of the said several and respective counties, appropriated towards the building and keeping in repair the public bridges within the same. owners of Sec, 6. kindle it further enacted, That all and every person or persons owning, tcTwork^to or having the care, management* or possession of any slave or slaves, liable to work give a list of -on the public roads, causeways and bridges, shall give an account of the names and number of such slaves so liable, to the commissioners of the said public roads, within the district in which they reside, or to any one of them, when thereunto required, and in case of refusal so to do, or making a false or erroneous return of the number of such hands, he, she, or they, so offending, shall be liable to a fine of five dollars, in each and fevcry case. thtm to the commission- When a road Sec. 7. Arid he it f urther enacted, That in alt cases where a public road is the is the dividing division line between two districts, the commissioners appointed to such road, i9 each districts, district adjoining the same, shall confer and settle upon the time and place for assembling ions. ° be han(ls apportioned in their respective districts to such road, and shall furnish the overseers of snch road with a list of the hands which are to w ork thereon, &nd the said overseers shall thereupon direct the warners in each district adjoining such road, to no- tify the said hands of the time and place of meeting, for the purpose of working as afore^ said; and when met or assembled, the said overseers shall attend to, and have such section of the said road as they are appointed to, put in good and sufficient repair, and shall make due return of all defaults or deficiencies, to the commissioners in each res- pective district adjoining to, or bounding on such road, particularly noting the district in which such defaulters severally reside^ road is laid off' or an old one altered, wbllt to be done. Sec. 8. And he it further enacted, That whenever a new road or alteration in an old when a new one is ordered by the Inferior Court within the said counties, in terms of the herein before recited act, if shall be the duty of the several commissioners for the respective districts within the county, through which the said new road is ordered by the said court to be opened and cleared, or through which the alteration proposed in an old road may run or extend, to apportion sufficient hands in either ease for effecting the object contemplated by the order of the inferior court aforesaid, and appoint overseers in like manner, as is herein before pointed out for the purpose of clearing out and keeping in repair the said new road, or that part of an old one so< altered. ¥ city council Sec. 9. And he it further enacted, That nothing in this act shall extend or be con- Augusta not ojleeted by ibis art. public roads in the county of Richmond, as they are entitled bylaw. strued to effect "the jurisdiction of the city council of Augusta, over so much of the n " ^EC* 10, ^e furHi€r enacted> That all former acts respecting the regulating cuiibN. 0 and keeping in repair the public'roads, causeways and bridges, within the counties of PASSED IN THE YEAH *809. % Burke, Jefferson and Richmond, and all parts of such acts, militating against this act, (No. 4 if.) be, and the same are hereby repealed. BENJAMIN AVHITAKER, Speaker of the House of Representatives. HENRY MITCHELL, President of the Senate. Executive Department, Georgia, Assented to, 13th December, 1809. DAVID B. MITCHELL, Governor. AN ACT (No. 448.) To keep opm the main channel of Broad river, from the confluence of the same with Savannah river, to the mouth of Hudson'$ river, in Franklin county.* Sec. 1. .j enacj.eji ^ tfe genafe ann j[0use of Representatives of the State of Georgia, in General Assembly met, That it shall not be lawful for any person or persons ^Tkep^pe" to obstruct, ©r eause to be obstructed, more than two thirds of Broad river by dams, fish from its junc- traps, or other obstructions, or continue any obstructions now in said river, from the v*nnah river confluence of the same with Shvannah river, to the mouth of Hudson's river in Frank- jj Huron's* lin county, and one third part of Broad river, including the main current from the con- river inFranfc- fluence of the same with the Savannah river, up to the mouth of Hudson's river in Franklin county, is hereby declared to be a free passage for boats, rafts, or fish, and shall be kept clear of all and every obstruction whatever. Sec. 2. And be it further enacted by the authority aforesaid, That all that part of y^^iv^be*" Broad river, commonly called the Middle river, running between Coleman and Anthony's tween Cole- mills, shall before and after its junction with either of the rivers on which the said mills Sony's^mins are erected, be and is hereby declared to be a free passage for fish, boats or rafts, and to eke kept be kept clear of all obstructions by dams or fish traps, or otherwise, to the final junction of all its parts with the main river aforesaid. Pgnalty for a breach of this law, and how Sec. 3. And be it further enacted by the authority aforesaid, That any person or persons who shall offend against the provisions contained in this act, he, she or they shall be subject to tlie penalty of fifty dollars for each day such obstruction now in the mean- recovered, ing of this act, shall remain unremoved, to be prosecuted and recovered in the superior * See act of 1810, No. 546, incorporating a company to improve the navigation of this river. 5i8 LAWS OF GEORGIA, (No. i^S.) court in any county wliieli may have cognizance of the same, to he recovered by bill of indictment preferred by the solicitor general to the grand jury of said county, having cognizance of the same ; and such trial had thereon, as heretofore piaetisedin the supe- rior courts of this State, in State eases and prosecutions against any person or persons who offend against, or violate any law or laws enacted for the preservation and interest of the citizens of this State, and upon conviction, the informer shall be entitled to one half of the penalty incurred by a violation of thev provisions contained in this act, and the other half or moiety shall go to the county, and become a part of the funds of said county where such offence shall happen. Commission- ers appointed Sec. i. Jlnd be it further enacted by the authority aforesaid, That Peter Stovall, Marshall Martin, and Shaler Hilyer, are hereby appointed commissioners in the county tw prevent and 0f Wilkes, and that Thomas M. Gilmore, Charles L. Matthews, Nicholas M. Marks, remove any obstruetions are hereby appointed commissioners in the county of Oglethorpe, and that Patrick Jack, an said nver. diar[es Sorrel, James Ware, jun. Elisha Johnson, Clabourn Webb, Thomas Barnett, and Elisha Brewer, are hereby appointed commissioners in the county of Elbert, which commissioners or a majority of them, shall have competent powers in their respective counties, to survey and view any obstruetions in Broad river, from the confluence of the same with the Savannah river, up to the mouth of Hudson's river in Franklin county, which may he considered in violation of the provisions contained in this act, and on their giving five days notice to the person or persons, their agent or attorney, who shall ob- struct the said river, or continue any obstructions now in said river, in violation of this act, then and in that case, they shall have competent power to remove or cause to he remold such obstructions, by calling to their aid, if necessary, any number of their citizens in their respective counties; provided nevertheless, that no penalty imposed by this act, shall take place prior to tlie>25th day of February next; any law to the con- trary notwithstanding. BENJAMIN WHITAKER, Speaker of the House of Representatives. HENRY MITCHELL, President of the Senate. Executive Department, Georgia, Assented to, 13th December, 1809. DAVID B. MITCHELL, Governor. PASSED IN THE YEAH 1809. ■t 549 AN ACT (No. 419.) For the relief of Lathi Maddon, HERE AS David Maddon, by bis petition to this legislature, has prayed the Preamble, renewal of a bounty warrant in his own name, for seven hundred acres of land. BE it therefore enacted by the Senate and House of Representatives of the. State of Georgia, in General Assembly met, That it shall be lawful for, and the comptroller rant to be re- general is hereby required to take in the outstanding evidence of the claim of the said "or^of David David Maddon, and issue a new one in lieu thereof: Provided, that he shall find the Maddon. Proviso. voucher or vouchers to be genuine; any thing in any law to the contrary notwithstanding. BENJAMIN WIIITAKEIi, Speaker of the House of Representatives. HENRY MITCHELL, President of the Senate, Executive Department, Georgia, Assented to, 13th December, 1809. DAVID B. MITCHELL, Governor. AN ACT To amend an act, entitled " An Act- to authorize the justices of the inferior courts of this State to discharge insolvent debtors, conjined by process from any court of this State whatsoever," (No. 450.) IIEREAS the mode pointed out by the said act for the relief of insolvent debtors preamble is so speedy, and the process so summary as to work great injury in many cases to ere- ditors of sueb debtors for remedy whereof, i Sec. 1, BE it enacted by the Senate and House of Representatives of the State of Geor- f gia, in General Assembly met, and it is enacted by the authority of the same, That from superior and and after the passing of this act, it shall and may be lawful for the judges of the supe- Inferiorcourts rior or justices of the inferior courts, and they are hereby required, on the petition of any person or persons confined for debt, whether charged in execution or otherwise, and insolvent whether the process by virtue of which such person or persons is, or are confined, be dcbtors' issued from the superior court, or other court of inferior jurisdiction, setting forth, sSQ LAWS OF GEORGIA, (No. 450.) that he, she, or they are so confined, and are unable to satisfy the debt or demand for which lie, she, or they arc so confined, 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 man- ner directed by an act, entitled, et An act to carry into effect the 7th section of the 4th article of the constitution." Provided, that the notice required by the said act to be Creditors to given to the creditors of such debtor, if the same be by notice served upon the said ere- ditors or their attornies, shall be given at least thirty days previously to the time appoiuted for bringing up such debtor. And provided also, that if upon bringing up such debtor, any one or more of the creditors shall suggest to the said judge or justice, that the said debtor is not fairly insolvent, or that he has been guilty of any fraudulent practices, have 30 days notice. • Suggestions of fraud how that then, and in that case, it shall be the duty of the said judge or justices forthwith tried' to cause an issue to be made up between the said creditor or creditors, and tlie said debtor, fraud or not fraud. Sec. 2. And be it further enacted, That upon such issue being made up, the said summonedfor «iu^Se or jus^ce8 shall cause to be drawn and summoned ia the manner pointed out by the trial of law, a jury of twelve persons to attend at the court house at a particular day to he speci- f'raud!SUe ° that purpose, to try the said issue; 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 shall 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 effect the 7th section of the 4th article of the constitution. Tees of sheriff Sec. 3. And be it further enacted, That the sheriff shall be allowed for summon-, m summoning ing each jury, the sum of five dollars, to be paid by the creditors, who shall require said jury. issue to be made up. liepealins clause. Sec. 4. And be it further enacted, That all laws or parts of laws heretofore passed, which may militate against the provisions of this act, be, and the same are here- by repealed. BENJAMIN WMTAKEXl, Speaker of the House of Representatives* HENRY MITCHELL, President of the Senate. Executive Department, Georgia, Assented to, 13th December, 1809. BAYID B. MITCHELL, Goveiisok. PASSED IN THE YEAH 1809. ......... AN ACT (No. 451.) To repeal an act, entitled, an aet to compensate the justices of the inferior courts, pass- eil on the eighth day of December, one thousand eight hundred and six. i , „ E it enacted by the Senate and House of Representatives of the State of Georgia, justices of in General Assembly met, and it is epacted by the authority of the same, That the aboye court^not^i® recited act be* and the same is hereby repealed. be^compensa- BENJAMIN WHITAKEIt, Speaker of the House of Representatives. HENRY MITCHELL, President of the Senate. Executive Department, Georgia, Assented to, 13th December, 1809* DAVID B. MITJOHELIi, Goverxok. AN ACT (No. 452.) To regulate the town of Eatonton in the county of Putnam, Sec. 1. jjj jj, .£ enacte(i iy ihe Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That Barnes Holloway, Lewis Kennon, John C. Mason, Henry Brown, and AVilliam Wilkins, Esquires, be, and they are hereby appointed commissioners of the said town of Eatonton, and they, and their successors in office, shall have full power and autho- rity to make and ordain all such bye laws and regulations which they may deem necessary and proper for the government of, for the improvement, and repairing of the streets in said town, and the preservation of the public spring; Provided, that such bye la\vs and regu- Rations shall not be repugnant to the laws and constitution of this State, and that no pen**, alty thereby imposed, shall extend to life or limb, or corporal punishment on any white person.—And provided also, that the said commissioners shall not impose any poll tax upon the citizens of said town, which shall exceed one dollar on each poll within the term of one year. Eatonton in- corporated commission-" ers appointed. Their powers and capacity. ■proviso. Proviso.. Sec. 2. And be it further enacted, That the said commissioners shall continue in Manner of office until the first Monday in January in the year 1811, at which time, and on the first appointing- Monday in January in every year thereafter, all the free male white citizens of said ers. $52 LAWS OF GEORGIA, (No. 452.) town, who have given in their taxable property, and are entitled to vote for members of the General Assembly, shall convene at the court house in said town, and proceed to elect by ballot, live commissioners, who shall continue in office for the term of one year, at which election any two justices of the inferior court, or justices of the peace of said county, (who are not candidates) shall preside. Sec. 3. And be it further enacted, That nothing herein contained shall extend, Present com- . . ^ _ . . missioncrs re- 0P he construed to extend to prevent the re-election of any commissioners who maybe eligible. elected in pursuance of this act. BENJAMIN" WHITAKER, Speaker of the House of Representatives* HENRY MITCHELL, President of the Senate. Executive Department, Georgia, Assented to, 12th December, 1809. DAYID B. MITCHELL, Governor. (No. 453.) AN ACT For the relief of certain wharf holders, in the city of Savannah. Preamble ¥ ' HEREAS it has been found that the removal of wharf heads in the city of Savan» nah, so as to make them all conform to an established line, would not only be a work of time, great labor and expense, but would very materially injure the navigation of Savannah river. Laws inflict- Sec. 1. BE it therefore enacted by the Senate and House of Representatives of the fiimsC(m wharf ^afc °f Georgia, in General Assembly met, and it is hereby enacted by the authority of peafeT re" ^lC same> That the acts heretofore passed on this subject, for the relief of the wharf owners in the city of Savannah, together with all fines and penalties accruing thereby, nol already collected, be, and the same are hereby repealed. A new line to b«r drawn, o- Sec. 2. And be it further enacted, That a new line shall be drawn from the upper wharf holders corner of lot No. 5, to the upper corner of lot No. 1, and from the lower corner of lot croachn°under ^0* 6f to UPP8P corner of the lot now owned by Edwin Bolton, being a ship yard $ a penalty of which lines are hereby established as the true lines : beyond which there shall be no cn- 2000 dollars f , 4. 1 j per foot. croachment, under a penalty of two thousand dollars for every loot so encroached on, covered.'36 re* to *>e recovered at the instance of the commissioners of pilotage, in any court having PASSED IN THE YEAR 1809. competent jurisdiction, to be applied by them to the improvement of the navigation of (No. 455.) the river Savannah 5 and they are hereby empowered to remove the same at the expense , of the owner or owners of the lot so encroaching. And whereas the former proprietor or proprietors of the lots ^Tos. 5, and 6, in the construction of the wharves greatly encroached on the then line of low water mark, in manifest breach of existing laws and regulations, whereby they incurred penalties under laws passed in 1S01 and 1802, and the present proprietors purchased those lots with a knowledge of the incumbrances. Certain lot Sec. 3. Be it enacted, That they shall be, land they are hereby required to remove holders, who the said encroachments within the term of six months from the date hereof, under a ed upon the penalty of one thousand dollars, which sum, the commissioners of pilotage, arc hereby |^kWtoerrc. directed to apply to the improvement of the navigation of Savannah river, on the pay- move said en- . croachments, ment of which sum, the projection 01 said wharl heads may continue. and a penalty of 1000 dolls. . Sec. 4. Be it further enacted, That other encroachments upon the line designated other en- by commissioners, who were appointed under a law of 1802, shall render the proprietors of the same liable to penalties, proportionate to the said encroachments, having refer- moved, ence to the penalties exacted of the above mentioned proprietors of Nos. 5 and 6. BENJAMIN WHITAKER, Speaker of the House of Representatives. HENRY MITCHELL, President of the Senate. 'Executive Department, Georgia, Assented to, 12th December, 1809. DAYID B. MITCHELL, Governor. AN ACT ,*r (No. 454.) To make permanent the site of public buildings in Morgan county, at the town of Madison, and to incorporate the same. < SEC 1 H-l! ^ Madison in * " JL&'K it enacted by the Senate and House of Representatives, in General Assem- Morgan, the bly met, That Madison, in the county of Morgan, shall be the permanent seat of the S^of^the public buildings in said county. E)gs C build" Sec. 2. And be it further enacted by the authority (foresaid, That James Matthews, 0*°^ 1 William Mitchell, James Mitchell, Abner Fanner, and John B. Whatley, and their commission- \ ^ v ers appointed. LAWS OF GEORGIA, =3 (No. 454.) successors in office, shall be commissioners of the town of Madison, and shall have full T'xru- owcrc power and authority to pass all bye laws and regulations which may be necessary for the improvement of the streets of said town, and the preservation of the public springs ; provided, that such bye laws and regulations shall not be repugnant to the constitution and laws of this State; and that no penalty thereby imposed shall extend to life, limb or corporal punishment on white persons ; and provided also, that the said commissioners shall not impose any poll tax upon the citizens of said tpwn, which shall exceed one dollar, wiihin the term of one year. Sec. 3. And be it further enacted, That the said commissioners shall continue in Plow llicv to be appoint- office until the first Monday in March, 1810, on which day, and on the first Monday in cd< March in every year thereafter, all the free male white citizens of the said town who shall have given in their taxable property, and who shall be entitled to vote for members of the General Assembly, shall assemble at the court house in said tQwn, and by ballot elect five other commissioners, who shall continue in office for one year, at which clec- tion, any two justices of the inferior court, or justices of the peace of said county shall preside. Provided nevertheless, that the said commissioners shall be re-eligible to the said appointment. BENJAMIN WHITAKER, Speaker of the House of Representatives. HENRY MITCHELL, President of the Senate. Executive Department, Georgia, * Assented to, 12th December, 1809* DAYID B. MITCHELL, Governor. (No. 455.) AN ACT To amend an act, entitled an act, to compel clerks of the superior and inferior courts to keep their offices within one mile of their respective court houses, so far as respects the counties of Pulaski and Telfair. The act for Jj^ g it enacted by the Senate and House of Representatives of the State of Georgia, clerks to'keep in General Assembly met, That from and after the^passing of this act, that the above theircm^t6at recited law, so far as the counties of Pulaski and Telfair, be, -and the same are hereby houses repeal- repealed. faskUndTeT- BENJAMIN WIIITAKER, Speaker of the House of Representatives. fair- IIENRY MITCHELL, President of the Senate. Executive Department, Georgia, Assented to, 13th December, 1809. DAYID B. MITCHELL, GOYERNOB. PASSED IN THE YEAR 1309. *53 AN ACT (No.. 436.) To authorize the justices of the inferior court of Baldwin county, to levy an extra tax for county purposes, for building a court house in said county, and for paying for a bridge, built across Little river, at Mullin'sford. E it enacted by the Senate and House of Bepresentatives of the State of Ex(raf Georgia, in General Assembly met, and by the authority of the same, That the justices of lowed Bald- the inferior court of the county of Baldwin, are hereby authorized to levy an extra tax, county which shall not exceed one half of the general tax, and the tax collector of said county P^T^es. is hereby authorized to collect the same, at the same time, and in the same manner, that the general tax is collected, and pay the same into the hands of the inferior court for the purposes aforesaid. J BENJAMIN WHXTAKER, Speaker qf the House of Representatives. HENRY MITCHELL, President of the* Senate. Executive Department, Georgia, Assented to, 13th December, 1809. DAVID B. MITCHELL, Governor. AN ACT '» • (NOi i57.) To amend the tax acts now in force in this State. Sec. i* jj, macied the Senate and House of Representatives of Tlip*S_tate of p ns llv_ Georgia, in General Assembly met, That persons residing without the limits of Ihis State, mg out of the and holding lands in any county thereof, shall the same in the county in which the land lies and holding lands in any county thereof, shall by themselves* agents or attornies, return return their lands in the county wheie the lands lyc. Sec. St,. And be it further enacted, That all acts militating against this act, be, jand the same are hereby repealed. £ *r BENJAMIN WHITAKER, Speaker of the'ffyn&e of-Representatives. HENRY MITCHELL, President of the Scitale. Executive Department* Georgia, Assented to, ISth December, 1809. DAVID B. MITCHELL, Goveknoii. 659 LAWS OF GEORGIA, (No. 45S.) AN ACT To encourage the Female Asylum of Savannah.# UEIIEAS a numerous and respectable number of females have associated in (be City of Savannah for several years past, commonly called and known by the name of the Preamble. Female Asylum Society, whose matronly and benevolent intent it has been, to educate, clothe and support poor and destitute female orphan children, which intention they have fulfilled in a manner worthy admiration and general imitation: and whereas it has been represented, that they have established a mode for raising a sum annually, which they in- tend to devote to a continuation of the same praise worthy and charitable purpose; and in order that they may be able to receive and hold all donations given by charitable persons with the same intentions. Trustees qf Sec. 1. IT is therefore enacted hy the Senate and Mouse of Representatives of the State FcTTlftlc * Asylum of PJ Georgia, in General Assembly met, That Ann Clay, Ann Houston, Esther Johnston, pointed** ap" Frances Stebbins, Eliza Wood, Abba Minis, and Catherine Burke, (widow) and their successors in office, be, and .they are hereby declared to be trustees and directresses of the Them sty.e. gavanna{l Female Asylum, to* be known by the name and style of the " Savannah Female Asylum." Their powers, sEC, 2. And he it furtheh enacted, That the directresses and trustees, and their sue- pn\ ileges and „ • capacity. cessors in office, shall be, and they are hereby made capable of holding and being invested with property, real and personal, monies now due, or which may hereafter become due to the said' Female Asylum, and all donations, legacies, bequests, gifts, grants, privi- 'eges and immunities whatever, which belong to the said Female Asylum at the time of passing this act, or which may hereafter be given, granted, devised, conveyed, or trans- ferred to them or their successors in office; and the said directresses and trustees shall be, and they are hereby declared to be capable, either by an agent appointed by them, or by the name and style aforesaid, of suing and being sued, impleading and being im- pleaded in any court of law or equity, and of using all lawful and necessary ways and means for recovering the property of said society, and the rents, issues, and profits there- of, and they are hereby invested with all the powers and advantages incident to a society established for a purpose so humane and laudable. When and Sec. 3". And he it further enacted, That the above named trustees and directresses, e e " shall continue in office until the second Saturday in December, in the year 1810, and that on the said day, and on the same day in eaeh succeeding year, the members of, and subscribers to the Female Asylum, shall convene at some suitable place, according to notification, given in due time previous, when they shall elect by a majority of votes . of the members present, nine trustees, who shall elect from among themselves, two * This society incorporated by act of 1810; No. 520. PASSED IN THE YEAR 1809. 55T directresses, a sec retary and treasurer, which trustees, directresses, and treasurer, shall always be unmarried women; ar.d no married women shall be eligible to either of the three last mentioned offices ; and if after any single woman has been elected to fill any of the above offices, she does intermarry and become a feme covert, she shall thereby forfeit and vacate her office, and a successor shall be elected by the subscribers, or a ma- jority of them, and the directresses, trustees, secretary and treasurer, er a majority of them shall constitute a board, and be competent to carry into effect the purposes intend- ed by this act. BENJAMIN WIIITAKER, Speaker of the House of Representatives. HENRY MITCHELL, President of the Senate. Executive Department, Georgia, Assented to, 13th December, 1809. DAVID B. MITCHELL, Governor. AN ACT ' (No. 459.) , For the relief of David Limeberger. "W"HEREAS David Limeberger, of the county of Effingham, a citizen of this State, has represented to this legislature, that by an unfortunate dispensation of Providence, preamble, in the service of his country, he is deprived of one of the most useful and valuable members of his body, by which means he is not able to perform his usual occupation, which has precluded himself and family from their only means of support. Sec. 1. Re it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That from and after the passing of this act, the aforesaid David Limeberger, is hereby authorized and privileged to sell and retail spirit- ed to retail ous liquors, (in the county in which he may reside) free of license or charge, any law to outficensr11" the contrary notwithstanding: provided, the said David Limeberger, shall take and sub- scribe the oath prescribed to be taken by licensed retailers, and be subject to the same fines and forfeitures", as those who may offend or incur thq penalties of an act passed at Milledgeville on the 22d day of December last, for the better regulation of tavern and shop keepers, &c. BENJAMIN "WHXTAKER, Speaker of the House of Representatives. HENRY MITCHELL, President of the Senate. Executive Department, Georgia, Assented to, 13th December, 1809. DAVID B. MITCHELL, Governor. (No. 458.) Certairi dis- qualifications. LAWS OF GEORGIA, (No. 460.) AN ACT To vest the estate, loth real and personal, of Lewis Johnston, deceased, (a person named in the act cf confiscation, and banishment) which remains unsold, in Eliza Irvine, JLachcl Johnston, and Sarah Drysdale, children of the said Lewis Johnston. HEKEAS Eliza Irvine, Rachel Johnston, and Sarah Drysdale, children of Lewis Johnston, deceased, a person named in the act of confiscation and banishment, have ■ applied to this legislature by petition, praying that the property of the said Lewis Johnston, which remains unsold, may be relinquished by the State, and vested in them the said Eliza Irvine, Rachel Johnston and Sarah Drysdale. And whereas it would be incompatible with the justice and magnanimity of the State of Georgia, to permit the innocent offspring to suffer for the crimes of their father, Preamble. The unsold confiscated BE it therefore enacted by the Senate and House of Representatives of the State of Geor- gia, in General Assembly met, and it is hereby enacted by the authority of the same, That property of an the property both real and personal, which remains unsold by the commissioners Lewis John- r * J ^ ^ion given up of eonfiscated estates, and which of right may appertain or belong to the estate of the dren.1S chl1* sa^ Lewis Johnston, deceased, be, and the same is hereby declared to be relinquished and given up oa the part of this. State, and vested in the said Eliza Irvine, Rachel Johnston, and Sarah Drysdale, always subjecting such estates so relinquished and given up, to the payment of ail debts and dues which may be due and owing from the same; any thing in any law to the contrary notwithstanding. BENJAMIN "WHITAKER, Speaker of the House of Representatives. HENRY MITCHELL, President of the Senate. Executive Department, Georgia, Assented to, ISth December, 1809. DAYID B. MITCHELL, GOVERNOR. (KTo. 461.) AN ACT "Supplementary to the judiciary system of this Slate. HEREAS a practice has prevailed with the attdrnies and solicitors general of this State, to prefer bills of indictment against a number of the good citizens of this State?, without tho name of the prodfeeutor or informer being signed to said bill or infor- znaiion j for remedy whereof, PASSED IN THE YEAR 1889. 849 BE it enacted by the Senate and House of Representatives of the State of Georgia, (No. 461.) in General Assembly met, and by the authority of the same, That from and after the n^otietQUt^g's passing of this act, it shall not be lawful for any attorney or solicitor general to prefer signed to all a bill of indictment, on presentment or otherwise, against any person or persons without ment?* indlct~ the nama of said prosecutor or informer being signed to said bill; and that it shall Attorney or not be lawful for any attorney or solicitor general to demand or receive his or their solicitor gen- fees in any criminal case until after its final trial. BENJAMIN WHITAKER, Speaker of the House of Representatives. HENRY MITCHELL, President of the Senate. eral not to re- ceive his fee, until final trial. Executive Department, Georgia, Assented to, 15th December, 1809. DAVID B. MITCHELL, GOVERSOB. AN ACT (No. 402.) To authorize Charles R. Carter to erect a toll bridge across Little river, at the mills of the said Carter, in Wilkes county. "1D& JOE it enacted by the Senate and House of Representatives of the State of Geor- gia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and immediately after the passing of this act, it shall and may be lawful ed a toll for Charles R. Carter to erect a toll bridge across Little river, at his mills in Wilkes Littie^iver! county, and to receive thereat the following toll and no more, that is to say: For every loaded waggon and horses drawing the same, twenty five cents; for every four wheel Eate ef to11, pleasure carriage, twenty five cents; for every empty waggon, eighteen and three quarter cents \ for every two wheel carriage or cart, twelve and a half cents; for man aud horse, six and a quarter cents; for every head of "cattle, two cents; and for every head of sheep, goats or hogs, one cent. BENJAMIN WHITAKER, Speaker of the House of Representatives. HENRY MITCHELL, President of the Senate. Executive Department, Georgia, / Assented to, 15th December, 1809. DAVID B. MITCHELL, Governor. 560 LAWS OF GEORGIA, (No. i63.) ^ an ACT To amend ail act, entitled, an act to protect the estate of orphans, and to mukc permanent provisions for the poor, passed the ISth day of December, 1792. ®EC* JSe it enacted by the General Assembly of the State of Georgia, That where where real an^ executor or executors, administrator or administrators, have or may advertize, or executor's sale is olaim- ed, how said claim is to be property of »«u„u1auatul W1 auuuu.Su«ul5, rtUTU deceased per- that it is his, her or their intention to apply for leave to sell any real estate as the pro- sons, at an ad- « i • i » • ' . ministrator's perty ot his, her, or their testator or intestate, or having obtained an order of sale, and the said 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 tried. ordinary, as the ease may be, such claim on oath, a copy whereof shall be served upon such executor 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 up, in the same manner and under like regulations, restrictions and penalties as are laid down in the judiciary for the trial of the right of property levied on underv executions. Sec. 2. And be it further enacted by the authority aforesaid, That where personal Personal pro- property shall be advertized for sale by any executor or executors, administrator or ad- manner"tried! mioistrators, and the same shall be claimed in manner aforesaid, such claim shall be tried in the superior or inferior court next to be held after such claim filed in the county where such executors or administrators may reside j provided, such property is in their posses- Where the s*on> an<^ ^ in possession of the claimant, such trial shall be had in the county where the property is in claimant resides, under the same regulations, restrictions and penalties as aforesaid, the possession of the claim- an*' BENJAMIN WIIITAKER, Speaker of the Jlouse of Representatives. HENRY MITCHELL, President of thd Senate. . Executive Department, Georgia, Assented to, 14th December, 1809. DAVID B. MITCHELL, Governor. PASSED IN THE YEAR 1809. 561 AN ACT (No. 401.) To authorize the justices of the inferior court of the county of Pulaski, to draiv a grand and petit jury to serve at the next superior court to he held in said county.* HERE AS no act of the General Assembly, authorizing the Justices of the In- ferior Court of Pulaski county, to draw jurors to serve at the superior court of said rreamIjk. county, and inasmuch as no superior court has been held, and consequently no jurors drawn for that purpose; RE it therefore enacted hy the Senate and Rouse of Representatives of the State of Grand & petit Georgia, in General Assembly met, That the justices of the inferior court of the county tJ|® of Pulaski, be, and they are hereby authorized on the first Monday in January next, to county of Pu- ...... . . . . * . laski for the break the seal, and draw a grand and petit jury to serve at the next superior court, to superiorcourt be held in and for said county, and after the jury shall be thus drawn as aforesaid, the infenor justices shall again seal the boxes, and deliver them as well as the keys, to the proper officer. BENJAMIN WHITAKER, Speaker of the House of Representatives. IIENRY MITCHELL, President of the Senate. Executive Department, Georgia, Assented to, 13th December, 1S09. DAVID B. MITCHELL, Governor. AN ACT (No. 465.) Supplemental to an act, to appropriate the funds heretofore set apart for the redemption of the public debt. Sec T UE it enacted by the Senate and Rouse of Representatives of the State of jjet,ts ^ the Georgia, in General Assembly met, That immediately from and after the passing of State tor frac- this act, ail sums which may be due and owing this state, for the purchase of fractional counties of"* surveys of laud in the counties of Baldwin, Wilkinson, and Wayne, which were created kin^m and1" hy the natural or artificial boundaries of the territory acquired of the Creek nation of Wayne may be discharged Indians by the United States' eommissioneis, in a treaty entered into, at, or near Fort in debts ow- „ __ ing by the State. * This privilege continued by act of 1810, No. 511. X 3 56% LAWS OF GEORGIA, (No, 465.) Wilkinson* on the 26tli day of June, 1802, shall be and the same are hereby made re- eeivable at the treasury of this state, in the species of debt, and under tbe restrictions and regulations pointed out by an act to appropriate the funds heretofore set apart for the redemption of the public debt of this state, passed on the 2d of December, 180S, any law, usage, or custom to the contrary notwithstanding. tlfictucs ^and" ®EC* be & further enacted, That all the audited certificates and bounty bounty war- warrants which have been renewed or may hereafter he renewed by law or resolution, rants renewed since Novem- since the first Monday in November,jl808, shall be considered and taken in upon the be received. 0 sail*c terms as those which were embraced in the act, to which this is amendatory. BENJAMIN WMSTAKER, Speaker of the House of Representatives. HENRY MITCHELL, President of the Senate. Executive Department, Georgia, Assented to, 12th December, 1809. DAYID B. MITCHELL, Governor. (No. 466.) ' AN ACT To amend and continue in force an act, to authorize ThaiMeus Holt, esquire, to crcct a bridge across the Oconee river, passed 10th December, 1807. Holt* allowed ®EC,i* 3&E it enacted by the Senate and House of Representatives cf the State of toFterect^his ^'eorS^a> 1,1 General Assembly met, and by the authority of the same, That the seiil bridge over Tbaddeus Holt, shall be allowed one full year from the passing of this act, tor the build- river. ing the bridge, agreeable to the provisions of this said act. Sec. 2. And be it further enacted, That the term for which the said Tbaddeus years1'tTenjoy Holt shall enjoy the profits and advantages of the said bridge, shall be twenty years •the same. from the completing tbe same. To have a ^Ec* 3* *^nc^ ^e ^ further enacted, That the said Tbaddeus Holt, his heirs and landing- place assigns, shall have a landing place of one acre on the south side of the said In idge, during common. the time the said Holt, his heirs or assigns, shall keep the same in go.»d and .uiucient > repair. BENJAMIN WIIITAKER, Speaker of the House of Representatives. HENRY MITCHELL, President of the Senate. Executive Department, Georgia, Assented to, 15th December, 1809. DAVID B. MITCHELL, Governor. PASSED IN TXIE YEAR 1809. £63 Preamble AN ACT (No., iC7.) To quid the claim of Sylvanus Church, to so much of a tract of land lying and being on the Great Satilla, in the county of Camden, as has heen laid off for the town of Jef- ferson, the seat of the public buildings of said county of Camden. * IT i HEREAS it appears by tlie memorial of the said Sylvanus Church, that he did purchase of one Michael Rudolph, a certain tract or parcel of land, situate, lying and being on the Satilla river, in the county of Camden, which'was granted to the said Mi- chael Rudolph, in the year of our Lord, one thousand seven hundred and eighty five, that in the year of our Lord, there was laid off from the said tract of land, a town called Jefferson, consisting of one hundred lots, of two hundred feet square each, one half whereof were given by the said Sylvanus Church to the county of Camden, and the same is now the site of the public buildings of said county, and whereas the state of Georgia now claims the aforesaid tract of land as property liable to confiscation, having been at the time of passing the aet of confiscation, the property of some person named in the said act. BE it enacted by the Senate and House of Representatives of the State of T]ie claIm Georgia, in General Assembly met, and it is enacted by the authority of the same, ^ureh^to^a That so much of the said tract of land as has been laid off for the town called Jefferson, tract of land consisting of one hundred lots of two hundred square feet each, be, and the same is county^where hereby vested in the said Sylvanus Church, his heirs and assigns, or those to whom he may have sold the same or any part thereof, their heirs add assigns, so far as the state stands quiet- of Georgia may have any right or claim thereto. ed' BENJAMIN WHITAKER, Speaker of the House of Representatives. HENRY MITCHELL, President of the Senate. Executive Department, Georgia, Assented to, 14th December, 1809^ DAVID B. MITCHELL, Governor. AN ACT .... - (No. 468.) To authorise' the holding of an extra session of the superior court in the county of Wilkes. WHEREAS by reason of the adjournment of the superior court of Wilkes county, on the first Monday in November last, and the subsequent election of the judge of (he western circuit, to the senate of the United States, there is a probability of the said conn- ty of Wilkes, loosing an entire session of the said superior court ,• for remedy whereof, 5Gi LAWS OF GEORGIA, (No. i6S.) BE it enacted by the Senate and House of Representatives of the Slate of Extra session Georgia, 2,4 General Assembly met, and it is hereby enacted by the authority of the same, of the superi- That the judge of the superior courts for the \vestern circuit, Mho shall be hereafter lowed the elected, commissioned and sworn, shall be, and lie is hereby authorized and empowered wn'kes. °f *° un exil>a session of the superior court in the county of Wilkes, 011 the firs. Monday of February next, and that all officers of the said court, jurors and witnesses, suitors and others, shall be, and they are hereby required to attend the said court under the same restrictions and penalties, as if the said court had sat 011 the first Monday in November last. BENJAMIN WIIITAKER, Speaker of the House, of Representatives. IIENftY MITCHELL, President of the Senate. Executive Department, Georgia, Assented to, 15th December, 1S09. DAVID B. MITCHELL, Governor. (No. 469.) AN ACT To keep open, remove, and prevent obstructions in Savannah river, calculated to impede the free passage of fish and the navigation of said river by boats, so far as rejects the counties of Richmond, Columbia, Lincoln, Elbert, and Franklin, as far as the mouth of Tugalo and Keowec rivers. Sec. 1. enacfe(j iy fag senate and House of Representatives of the State what part of °f Georgia, in General Assembly met, and by the authority of the same, it is hereby vert" bekept enac^' That from and immediately after the tenth day of January next, it shall not open. be lawful for any person or persons to obstruct, or cause to be obstructed, more than one third part of Savannah river, by darns, fish traps, or other obstructions, and the main current shall at all times be kept open for the free passage of fish and boats. Sec. 2. And it is hereby enacted, That any person or persons that shall offend against the provisions contained in this act, he, she, or they shall be subject to the penalty of breach ofthis one hundred dollars for each day lie, she, or they shall so offend,- to be prosecuted and law. recovered in the superior court in any of the above recited counties, where such offence or violation shall happen, to be recovered by bill of indictment preferred by the proper law officer to the grand jury of said county, and such trial shall he had thereon, as How recover- heretofore practised in the superior courts of this state, iu state eases and prosecutions ed, against any person or persons who offend against, or violate any law or laws enacted for * See act of 1810, No. 505, upon this subject, so far as respects the county of Franklin. 565 the preservation and interest of the citizens of this state ; and upon conviction, the in- (No. 469.) former shall be entitled to one half of the penalty incurred by a violation of^the provisions and how contained in this act, and the other half to the county where such offence shall happen, p^. Sec. 3. And be it further enacted, That George Pearson, Holland M'Tyre, and John Dcntignae, are hereby appointed commissioners in the county of Richmond, and Commission- Archer Avery, Buzz el Neel and Humphrey Evans, arc hereby appointed commissioners tohispeetsald in the county of Columbia, and Shepherd Gross, William Smith and John Laremore, nver *nd re" ' moveobstrm;- are hereby appointed commissioners in the county of Lincoln, and that Hugh McDonald, tions. Peyton Bibb, Stephen Herard, be and they are hereby appointed commissioners for the county of Elbert, and that Martin Hardin, Joseph Waters, and Robert Walton, be, and they are hereby appointed commissioners for the county of Franklin, who shall have complete power in their respective counties, to survey and view any obstrue- tions in Savannah river, which may be considered in violation of the provisions contained in this act, and on their giving five days notice to the person or per- sons, their agent, or attorney, who shall obstruct the said river, or continue any obstrue- tions now in said river, in violation of this act, then and in that ease, they shall have competent power to remove, or cause to be removed, such obstructions, by calling to their aid, if necessary, any number of their citizens in their respective counties : Provided nevertheless, that nothing herein contained shall be construed to extend to that part of the river that lies below the Richmond county line; provided, that the said commissioners shall before they enter upon the duties of their said appointment, take an oath before some justice of the inferior court, or justice of the peace, that they w ill wrell and truly, and without partiality, discharge the duties of their said appointment. BENJAMIN WHITAKER, Speaker of the House of Representatives. HENRY MITCHELL, President of the Senate. ^Executive Department, Georgia, Assented to, 15th December, 1809. DAVID B. MITCHELL, Governor. Proviso / AN ACT (No. 470.) To divide the county of Wilkinson, and to form one other new county.# . . a '» e it enacted by the Senate and House of Representatives of the State of wiikinson Georgia, in General Assembly, met, and by the authority of the same, That the county of county divid- ed St Tw gg's Wilkinson shall be divided and formed into two new counties, in the following manner, county form- . ed.. "* See act of 1810, No. 511, authorizing- the justices of the inferior court, clerk and sheriff to draw grand and petit jurors for these counties. 566 LAWS OP GEORGIA, (f£o. 370.) that is to say; beginning on the Ocmulgee river, where the upper line of said county of "Wilkinson strikes the river £ thence on (he said upper line of said county to where the same crosses the main south fork of commissioners creek | thence a straight line to the first branch, whiqh the present line crosses, dividing Pulaski and Wilkinson, on a south west direction from the corner that divides Laurens and Pula&ki counties, and lower line of Wilkinson; thenqe with said line as it now runs, until it strikes the Ocmulgee river ; thence up the meanders thereof to the place of beginning on said river; and all that part I of Wilkinson county, comprehended within the lines aforesaid, shall form a new county to be known by the name of Twiggs,* and that all the remaining part of said county shall form one oilier new county to be known l>y the name of Wilkinson. t. ♦ " Sec. 2. *lnd be it further enacted, That the justices of the inferior court already public buUcT- commissioned, and hereafter to be appointed for said counties, shall be vested with full chaseclbforir" Power ant* authority to fix on, and purchase for the county of Twiggs for county uses, a Twiggs, coun- tract of land not less than one hundred, or more than two hundred two and a half acres, in'two1" miles at the most convenient place withiu said county, for the site of public buildings, which of said county s'1&^ he at the centre or within two miles thereof; at which place, the courts and elections shall be held, as soon as suitable buildings are erected thereat, and the said commissioners or a majority of them, are hereby authorized and empowered to contract with a fit and proper person or persons, for the purpose Of building a court house and jail in said county, at such^place as is made choice of as the site of publie buildings, after giving at least thirty days notice in some one of the publie gazettes of this State, and at three or more Proviso. public places in the county; provided nevertheless, that until the court house shall he completed, the elections and courts for said counties shall he held at such place as the inferior courts respectively shall point out, until the public buildings shall be completed. •Lots to be laid ^EC' 3* *^n(^ it further enacted by the authority aforesaid, That the justices of off out of the the inferior court, or a majority of them, for the county of Twiggs, be, and they ehased*° and are hereby authorized to lay off out of sueh land as may be purchased for the county typurposesin use' suc^ number of lots as they, or a majority of them, may think proper, and sell on Twiggs. twelve months credit, taking bond and good personal security, to said court and their successors in office* for the amount of such sales, which nett proceeds is hereby appropri- ated to the defraying the expenses of erecting the publie buildings in said county, and to other county demands as are common. Sec. Lf tJltul be it further enacted, That Stephen Johnson, John Eady, senior^ c^°almointTd Elkanah Lofton, Philip Pitmau, and William Crawley^ be, and they are hereby appoint- to purchase cd commissioners to fix on a site of public buildings for the county of Wilkinson, and land for the »- > site of the pub * """ 'i —'—b— — lie buildings * gee hct of 1§10, .No. 509, establishing the site of public buildings in this county, &g. See also act of 1810, ~ fro. 529, directing when and where elections, &c. are to be held. ■j- SeC act of 1?1Q, "fro, 525, to amend this section. PASSED IN THE YEAR 1S09. 567 to purchase for the county use, not less than one hundred acres of land, or more than (No. 470.) two hundred two and an half acres, and to lay out what number of lots they, or a in a- jority of them, may think proper, and sell on twelve months credit, the purchaser giv- county, and to ing bond or notes with good personal security, payable to the inferior court and their poseofcerfaTn successors in office, which nett proceeds are hereby appropriated to the use of building a tylpurposc""" court house and jail in said county of Wilkinson ; which said commissioners are hereby authorized to let out to the lowest bidder, after giving thirty days public notice in one of the gazettes, and at three or more of the public places in the county, and all the overplus, if any, considered as belonging to the county funds. Sec. 5. And be it further enacted, That all officers, civil and military, shall hold The officers and enjoy their respective appointments, in whichever county they may fall, as fully as hold though such division had not taken place, and that the county of Twiggs shall at her ^l^saPPoinC" own expense run, and plainly mark the dividing lines as heretofore pointed out; and Twiggs coun- whereas the county of Wilkinson has employed men to build a court house in said expense*7ofC county, which will be rendered useless by this division. t dividEfg ii*e Sec. G. Be it enacted by the authority aforesaid, That the inferior court in each The present county, is hereby authorized and required to levy an extra tax in proportion to their res- of peetive taxes, to compensate the undertaker of said court house, and to pay other debts disposed of, and a new wiii k now exist, and that the house shall be sold for the mutual interest of each county, one how to be by the courts thereof. erected. Sec. 7. And be it further enacted by the authority aforesaid, That that let of land WMchWilkin^ in the twenty sixth district of Wilkinson county, number one hundred and eleven, con- ,s'ense» sum ^ve dollars ; any law to the contrary notwithstanding; pro- vided nothing in this act shall be construed to control the rates which now are, or may be established by the corporations of Savannah and Augusta, or any other corporated town in this State. Sec. 2. And be it further enacted, That any person on application, and complying I Persons com- with this law, may have license to retail spiritous liquors, without being obliged to beep this"ay other public entertainment; provided, such person shall give bond and sufficient seeuiity retail spirits. (}ie inferior court, in the sum of five hundred dollars, to keep an orderly house; and Proviso. provided also, that if they do keep a house of entertainment, they shall not be allowed any other pay than agreeable to tavern rates. BENJAMIN WHITAKER, Speaker of the House of Representatives. HENRY MITCHELL, President of the Senate. Executive Department, Georgia, Assented to, 15th December, 1809. DAVID B. MITCHELL, Governor. (No. 472.) AN ACT To authorize Zachariah Simms to erect a bridge over the Oconee river at his mills. JSe it enacted by the Senate and House of Representatives of the State Zachariah °f Georgia, *n General Assembly met, and it is hereby enacted by the authority of the Simms autlio- same, That Zachariah Simms be authorized to erect a toll bridge over the Oconee river, rized to erect ... • • .... ... a toll bridge at his nulls in Greene county, and he also permitted to receive as toll, lor ever} loaned neeriver.°C0" wagS0ll» thirty seven and a half cents; for every empty waggon, twenty five cents and all four wheel pleasure carriages, thirty seven and a half teats; fin* every two wheej pleasure carriage, twenty five cents; for each cart ordeay, twenty five cents; for every rolling hogshead, twelve and a half cents ; for every man ami horse, six and a quartet? cents; for every led or drove horse, three cents; for each head of nett cattle, two cents; and for every head of hogs, sheep, or goats, one cent. PASSED IN THE YEAR 1809. v Sec. 2. And be it f urther enacted, That the said Zaehariah Simms, his heirs and (No. 472.) assigns, shall use, exercise and enjoy all the benefits and emoluments, belonging, or in To enjoy the ° " " profits of said any wise appertaining to the said bridge, for the term of twenty-five years from the com- bridge 25 pletiug of the same ; provided, the said bridge shall be ready for use in one year from }eprSoviso the passage of this act. BENJAMIN WH1TAKER, Speaker of the House of Representatives. IIENRY MITCHELL, President of the Senate. Executive Department, Georgia, Assented to, 15th December, 1S09. DAYID B. MITCHELL, Governor. AN ACT (No. 473.) To divorce\villiam Sorrow and Priscilla his wife. Preamble. Wm. Sorrow HEREAS the aforesaid William Sorrow, according to an act, of the General Assembly, passed on the fifth day of December, eighteen hundred and six, commenced an action in the Superior court of Oglethorpe county, against his said wife Priscilla for a divorce; and .whereas at September term, eighteen hundred and nine, of said court, the said cause was tried by a special jury, who rendered into court a verdict for an absolute divorce; Sec, 1. BE it therefore enacted by the Senate and House of Representatives of the State qf Georgia, in General Assembly met, and by the authority of the same, That from- and after the passing of this act, the matrimonial connexion and civil and wife d'i- . vorced. contract of matrimony, made between the aforesaid William Sorrow and Priscilla Sorrow his wife, late Priscilla Eades, shall be completely annulled and set aside, and dissolved, as fully and effectually, as if no such contract had been made and entered into between them. Sec. 2. And be it further enacted, That the said Priscilla Sorrow, late Priscilla saknvm.Sor- Eades, is hereby declared to be a feme sole : and the said William Sorrow shall not in fu- r°wnotbound " ' m any manner ture be bound, on any pretence whatever, for the payment of any debts, dues or demands fir her debts, of the said Priscilla, on or for her contracting, or with any action of, or for damages for or by reason of any tort, trespass or damages whatever, hereafter to be committed by the aforesaid Priscilla Sorrow, late Priscilla Eades, and she shali not be entitled to dower of, or in the estate of the said William Sorrow, but shall be considered and held as being barred, and as having forfeited the same. Y 3 570 LAWS OF GEORGIA, (No. 473.) Sec. 3. And be it further enacted, That the real and personal property which has ^ not by him the said William Sorrow and Priscilla Sorrow been sold or disposed of, of eaci°Phow which the said William Sorrow received with or acquired by, or in virtue of his union disposed of. with the said Priscilla, shall from henceforth be considered as returned to her, the said Priscilla, as well as the property she may in future inherit, or otherwise acquire, and the said property is hereby declared to be fully and absolutely vested in the said Priscilla, her heirs and assigns forever. Sec. 4. And be it further enacted, That the said William Sorrow and Priscilla Sorrow, shall in future be held as distinct and separate persons, altogether unconnected by any civil union or contract whatsoever. * BENJAMIN WHITAKER, Speaker of the House of Representatives. HEN11Y MITCHELL, President of the Senate. Executive Department, Georgia, Assented to, 12th December, 1809. DAVID B. MITCHELL, Goveunok. (No. 474.) AN ACT To appropriate monies for the political year 1810. Sec. 1. MfM-tediy j,jie Senate and House of Representatives of the State of Georgia, *in General Assembly met, and by the authority of the same, That for the salaryVCrn° 'S suPPort government for the political year 1810, the following sums of money be, and Secretaries the same are hereby appropriated, viz. the salary of the governor shall be two thousand to the trover* nor and state dollars per annum j secretaries of the executive department, (not exceeding two) five ^Surveyor & hundred dollars each; the secretary of state, two hundred dollars} the treasurer, twelve comptroller hundred dollars; the surveyor general, two hundred dollars; the comptroller general^ Clerks of the six hundred dollars; the clerk of the house of representatives, three hundred dollars j Lejudges|e' ^ie secretaTT °f the senate, three hundred dollars; the judges of the superior courts, Attorney & each, fourteen hundred dollarsm, the attorney general, and three solicitors general, one solicitor c*cn* erals. ' hundred and fifty dollars eachj which said several sums shall be, and the same are hereby appropriated for their use, to be paid quarter yearly, by warrant from the go- veraor on the treasurer, out of any monies not otherwise specially appropriated. Sec. 2. And be it further enacted, That the sum of fifteen thousand dollars he, and Contingent fund. the same is hereby appropriated as a contingent fund, subject to the orders of the Go- vernor. PASSED IN THE TEAR i809. 571 Sec. 5. »lnd le it further enacted, That for the compensation of the members of (No. 47l) the Legislature, three dollars each per day, during their attendance, be appropriated, , _ . . . , Compensation and the sum of three dollars for every twenty miles in coming to, and returning from, of the Leg-is- the seat of government, and the sum of four dollars each to the president of the senate, thC"" and the speaker of the house of representatives, during their attendance, and the sum of three dollars each for every twenty miles in coming to, and returning from the seat of government ; to the clerk of the house of representatives and secretary of the senate, during the sitting of the Legislature, four dollars each per day, and the sum of eighty dollars each for contingent expenses, &c. to the two engrossing clerks, and one assist- ant clerk to the house of representatives, and two engrossing clerks to the senate, four dollars per day each ; to the clerk of the committee on finance, the sum of sixty dollars; to'the clerk of the committee on the state of^tlie republic, sixty dollars; to the messenger and door-keepers of the Legislature, the sum of three dollars per day each; to the adju- tant general, twelve hundred dollars per annum, to be paid quarter yearly; the sum of fifty dollars to defray the expense of the interment of Thomas Gilbert, esquire, deceased; to Dennis L. Ryan, twelve dollars and fifty cents for printing two hundred copies of the alleviating act, passed the last session, and the further sum of six dollars and twenty- A<(1 to sim_ fite cents for printing one hundred copies of the bill to alleviate the condition of debtors, dry other per- as passed in senate the present session; to Oliver Stevens, the sum of seventy-three dol- lars, seventeen and three quarter cents; to John Scott, the sum of four thousand five hundred dollars, for the purchase of his house and lot for the use of the executive, two thousand dollars of which, to be written off his bonds in the treasury, and the remaining two thousand five hundred dollars to be drawn by warrant on the treasury, so soon as the said John Scott shall execute good and sufficient warrantee titles to the said property; to Daniel Sturges,the sum of fifteen hundred dollars in full, for recording plats and extra services rendered whilst he was surveyor general; to the commissioners of Milledgeville for their services, and printers bills, agreeably to report of committee of finance, one hundred and forty-six dollars -twenty -five cents; to Hines Holt, three hundred and forty- seven dollars thirty-seven and a half cents, for his services as a commissioner of confis- cated property, agreeably to report of committee of finance; to E„ B. Jenkins, forty dollars; to John Moore, ten dollars, agreeably to said report; to Alexander Greene, the sum of eighty dollars, for taking charge of the state-house, keeping the senate and representative chambers, entries and galleries, scoured, brushed, and aired, payable quarter yearly; to Peter Pharr, for attending to the clock, winding her up, Ac. and also for keeping the passages and stairs clean, the sum of sixty dollars, payable quarter yearly. BENJAMIN "WHITAKER, Speaker of the House of Representatives* HENRY MITCHELL, President of the Senate. Executive Department, Georgia, Assented to, 15th December, 1809. DAYID B. MITCHELL, Governor* 572 LAWS OF GEORGIA, (j\To. 475.) AN ACT To compel the justices of the peace in this state, to keep a fair and regular look of entry. Sec. 1. I enacted by the Senate and House of Representatives of the State of justices of the Georgia, in General Jlssembly met, and it is hereby enacted by the authority of the same, ^bookofen- That from and after the first day of March next, it shall be the duty of each justice of proceedings 1 Peace *Q keep a fair and legible book of entry of all civil proceedings had before him, for the recovery of debts, &c. Said books to Sec. 2. And be it further enacted. That in all cases where any justice of the peace bo delivered in this state, shall resign or remove out of the limits of the district, for which he shall to successois. kave appointed, it shall be the duty of such justice to deliver the said book, or fair copy thereof, to his successor in office, within sixty days after he may be commissioned, or deposit the same with the clerk of the inferior court. BENJAMIN WHXTAKER, Speaker of the House of Representatives• HENRY MITCHELL, President of the Senate. Executive Department, Georgia, Assented to, 13th December, 1309. DAYID B. MITCHELL, Governor. AN ACT To authorize Sherivood M{Call, to erect a bridge across the river Great Ogechce, on his own land, at High Bluff* (No. 473.) Preamble. ▼ » HERE AS it Would be of general good for a bridge to be erected at the aforesaid place; Sec. 1. BE it thcrefqrc enacted by the Senate and House of Representatives, in General Sherwood met, and by the authority of the same, That the aforesaid Sherwood M'CalJ, is hereby authorized to erect a bridge at the aforesaid bluff, and to receive a toll for the M'Call allow- ed a toll bridge over same, in the following manner, to wit: for a loaded waggon and team, thirty-seven and Grcit cliee. ° a half cents; for an empty waggon and team, twenty-five eents ; for a four wheeled plea- Rates of toll, sure carriage, fifty cents; for a two wheeled pleasure carriage, twenty-five cents ; for a cart and one horse, twelve and a half cents; for a cart and two horses, eighteen and three PASSED IN THE YEAR 1809. &7S quarter cents ; for a horse and rider, twelve and a half cents; for a led horse, six and a (No. 476.) quarter cents; for a foot person, six and a quarter cents ; for each head ©f cattle, three cents; for each head of hogs, sheep, or goats, two cents. Sec. 2. And be it further enacted, That the aforesaid bridge shall be vested in the Sa;ti bridge aforesaid Sherwood M'Call, his heirs and assigns, any law to the contrary not with- in a!ud! standing. BENJAMIN WIIITAKER, Speaker of the House of Representatives. HENRY MITCHELL, President of the Senate. Executive Department, Georgia, Assented to, 13th December, 1809. DAVID B. MITCHELL, Governor. "AN ACT (No. irr.) To amend the twenty-sixth section of the judiciary law of this state. HERE AS 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, preambic and by law ought to be exclusively cognizable in the justices courts, which practice is injurious and oppressive on many of the good citizens of this state, by subjecting them to more cost than was contemplated by the constitution and judiciary laws of this state; for remedy whereof, * Sec. 1. BE it enacted by the Senate and House of Representatives of the State of in suits Wt Georgia, in General Assembly met, and it is enacted by the authority of the same, That oAnfSr where any suit shall be brought to the superior or inferior courts in this state, and the ?our,Is> if tbe jimfindasum verdict of the jury shall be for a sum under thirty dollars, the defendant shall not be less than 30 charged with more cost than would have necessarily accrued; provided, said recovery fbudanVt^pay had been before, a justice of the peace; and the remainder of the court charges may be tha^he wouM retained out of the sum so recovered; and if the verdict of the jury be not of sufficient have had to amount, the plaintiff shall he bound to pay the same; provided, this act shall not extend tkes^ourt.US to, and govern cases where the demand set forth in the declaration, shall be proven to exceed the sum of thirty dollars. Provided, nothing herein contained shall extend to any case soundiug in damages. BENJAMIN "WIIITAKER, Speaker of the House of Representatives. HENRY MITCHELL, President of the Senate. Executive Department, Georgia, 1 Assented to, 12th December, 1809. DAVID B. MITCHELL, Governor. LAWS OF GEORGIA, (No, 478.) AN ACT To appoint commissioners to run and ascertain the Avoiding line between the counties of Ifayne and Camden. S^c., 1. J|5e ft enacte(i foj the Senate and House of Representatives of the State if eS°Tppo7nud ®Borgia, in General Assembly met, and by the authority of the same, That James Fort, to ascertain esquire, from the county of Wayne, and Pliny Sheffield, esquire, of the county of Cam- line between den, be, and they are hereby appointed commissioners, to run and ascertain the dividing Camdencoun- **ne between &e counties of Wayne and Camden, to commence on Little Satilla, where ties. the post road crosses the same,, running thence to the south end of the planlation of James. Fort, so as to include him the said Fort in Wayne county, from thence to the Buffaloe, where the Old Indian boundary line crosses the same* To.ascertain Sec- 2. A nd be it further enacted, That the said commissioners shall have fulL neiofth^Buf- power to ascertain the main channel of the Buffaloe, to the present Indian boundary line,. How compen- ant* ma^ compensated by their respective counties* sated. BENJAMIN WHITAKER, Speaker of the House of Representatives. HENRY MITCHELL,. President of the Senate.. Executive Department, Georgia, Assented to, 13th. December, 1809.. DAYID B. MITCHELL, GOVERNOR (No. 479.) AN ACT1 To alter the time of holding the superior courts in three several circuits in this State. Sl&C 1 B JOE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the in^the^e same> That from and immediately after the passing of this act, the times for holding (he rior courts in superior courts in the Ocmulgee circuit, shall be as follows; in the county of Jones, on circuit™^°Ce the second Monday in February and August; Randolph, on the 3d Monday in February and August $ Morgan, on the fourth Monday in February and August; Greene, on the first Monday in March and September \ Putnam, on the second Monday in March and September 5 Baldwin, on the third Monday in March and September 5 Wilkinson, on the first Monday in April and October; Laurens, 011 the second Monday in April and October; Telfair, on the third Monday in April and October; Pulaski on the fourth Monday in April and October j and Twiggs on the first Monday in May and November. PASSED IN THE YEAR 1809. 575 Fall circuit. Sec. 2. A nd he it further enacted, That the time for holding the said superior courts (No. 479.) in the western circuit, so far as respects the county of Wilkes, shall be on the first Mon- time day in June and December. • Wilkes court. Sec. 3. And he it further enacted, That the time for holding the superior courts for The middle the middle circuit sliall he as follows : circuit. FALL CIRCUIT, On the first Monday in September in the county of Columbia; on the third Monday in September, in the county of Warren; on the fourth Monday in September, in the county of Jefferson $ on the first Monday in October, in the county of Richmond; on the third Monday in October, in the county of Burke; on the fourth Monday in October, in the county of Scriven; on the first Monday in November, in the county of Washington; on. the second Monday in November, in the county of Montgomery; and on the third Monday in November, in the county of Tatnall; SPRING CIRCUIT, On the first Monday in March, in the county of Columbia; on the second Monday in March, in the county of Warren $ on the third Monday in March, in the county of Jef- ferson; on the fourth Monday in March, in the county of Burke; on the first Monday in spring circuit April, in the county of Scriven : on the second Monday in April, in the county of Rich- mond $ on the fourth Monday in, April, in the county of Washington $ the Monday there- after in the county of Montgomery ; and the Monday thereafter in the county of Tatnall. Where frorm Sec. 4. And he it further enacted, That the judges of the superior courts of this state, or any of them, when from indisposition or other cause, they cannot attend any any cause the superior court in any county at the time prescribed by law, for holding the same, may ioif^court by a written letter directed to the clerk of said court, empower said clerk to adjourn said at th® le£al * • 'tr j time, he may court to any day mentioned in said letter, and where from the multiplicity of business in direct the any superior court, the judges thereof perceive that they cannot complete the same in t^adjoum the the term prescribed by law for holding the same, they are hereby authorized and empow- day therein1 ered to adjourn the said courts to any other day as in their discretion they may think pro- mentioned, per: provided, that the provisions in this section shall not extend to the eastern district of may^ ho1ddfn this state, and that all sheriffs, clerks, and other officers, as well, jurors, witnesses, and other persons concerned therein, shall be bound thereby, any law to the contrary notwith- adjourned court, where the business of a term can- Standing. not be finish- ed. Sec. 5. And he it further enacted, That all writs or recognizances which have been Writs & re- made returnable to the days heretofore appointed for holding the said courts, shall be re- tobe'returifed 576 LAWS OF GEORGIA, (No. 479.) turned to the paid courts as herein pointed out 5 any law, usage, or custom to the eon- herein po"S trl"^ notwithstanding. ed out, BENJAMIN WIIITAKER, Speaker of the House of Representatives. HENRY MITCHELL, President of the Senate. Executive Department, Georgia, Assented to, 15th December, 1809. DAYID B. MITCHELL, Governor (No. 480.) AN ACtf To authorize William Garrett and Leroy Hammond, and Walter Leigh and Edward Howell to erect toll bridges at the places therein mentioned. Sec 1 "Ihli * " JLJE it enacted by the Senate and House of Representatives of the State Wm. Garrett °f Georgia, in General •Assembly met, and it is hereby enacted by the authority of the inoiS°yautlio same> That William Garrett and Leroy Hammond shall be, and they are hereby author- rized to erect ized and empowered to erect and establish a toll bridge on the Georgia side of Savannah <1 bridtrc over Savannah riv- river, opposite to the town of Campbellton, on land formerly belonging to James Rae, and that the same when erected, be vested in the said William Garrett, and Leroy Ilam- mond, their heirs and assigns, for the term of thirteen years, and that the following rates Rates of toll, of tollage be received at the said bridge, and no more; for every four wheeled carriage and horses drawing the same, seventy-five cents; for every two wheeled carriage and horse or horses drawing the same, fifty eents 5 for every rolling hogshead and drivers and horses, twenty-five cents; for every passenger on horse, back, twelve and a half cents 5 for every foot passenger, six and a quarter cents ; for every head of horses, six and a quarter cents •, for every head of nett cattle, four cents ; for every head of sheep, goats or hogs, two cents. er, opposite Campbellton, Walter Leigh Sec. 2. And be it further enacted, That Walter Leigh and Edward Rowell, shall be, and Edward and they are hereby authorized and empowered to erect and establish a toll bridge on rized to erect the Georgia side of Savannah river, at the town of Augusta, and that the same when Savannah°Ti- ereclelbbe vested in the said Walter Leigh, and Edward Rowell, their heirs and assigns, ver at Augus- for the term of thirteen years, and that the rates of tollage at the said bridge be as fol- lows, and no more : For every foot passenger, six and a quarter cents; for every man Rate of toll. an(j i10rse? twelve and a half cents ,* for every hogshead of tobacco, twenty-five cents ,• for PASSED IN THE YEAR iSOU. every head of black cattle, six and a quarter cents; for every head of sheep, goats, or hogs, four cents; for every carriage on two wheels with horse and driver, thirty-seven and a half cents; for every loaded carriage on four wheels, with horses and driver or drivers, one hundred cents; for every unloaded waggon, fifty cents; provided, nothing herein contained shall operate to defeat the interest of the trustees of the Richmond aca- demy in the ferry right at Augusta; and provided, that the consent of the said trustees he previously obtained. And provided, also, that the said bridges shall be compleated Within the term of three years from the passing of this act. BENJAMIN WHITAKER, Speedier of the House of Representatives. HENRY MITCHELL, President of the Senate. Executive Department, Georgia, Assented to, 15tli December, 1809. DAVID B. MITCHELL, GovEBirott. AN ACT (No. 481.) To admit Creswcll M( Donald, James C. W.Stewart, George Walton, William Robertson, John R. Brown, John G. WiUingham, Thaddeus Holt, John B. Barnes, and David Simms, to plead and practice in any court of law or equity in this State. JS E it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, That from and so„gr^ fter{ immediately after the passing of this law, that Creswell M'Donald, James C. W. Stew- to practice art, George Walton, William Robertson, John R. Brown, John G. Willingham, Thad- law* dens Holt, John B. Barnes, and David Simms, he, and they are hereby admitted to plead and practice in any court of law or equity in this state, any law? usage or custom to the contrary notwithstanding, they taking the usual oath administered to law students in such cases; provided, that the said court shall be satisfied of their good moral charac- pr0vis«. ter, and that they have sufficient legal information. BENJAMIN WHITAKER, Speaker of the House of Representatives. HENRY MITCHELL, President of the Senate. Executive Department, Georgia, v Assented to, 15th December, 1809. (No. 180.) Proviso. Proviso. Proviso. DAYID B. MITCHELL, Goyeexok. Z 3 578 LAWS OF GEORGIA, officers. ITov/ to bring suits—and to be sued. (No. 482.) AN ACT To amend and explain an act, entitled, an act to incorporate the Savannah Poor House and Hospital Society, passed December 10th, 1808. Managers of Sec. i. jig ^ enatfed by the Senate and House of Representatives of the State the poor house ... »•., and hospital, of Georgia, in General Assembly met, and it is hereby enacted by the authority of the byemiawsSUfor same, That the managers for the time being, of the said poor house and hospital, and thereol^sraa11 ^ie*r SUGtessors office, shall have full power and authority to make and enact all bye- be useful and laws, rules and regulations, necessary for the government of the said poor house and expedient. hospital, and the same to alter, amend or repeal, from time to time, in such manner as may appear conducive to the promotion and success of the institution, any thing in the act before recited to the contrary notwithstanding. Sec. %. And be it further enacted by the authority aforesaid, That the twelve man- their£treasurt a§crs aPP°lnted, and to be appointed by virtue of the aforesaid act, are fully authorized er and other at such time or times as they may deem proper, to elect from their own body a president*. treasurer, and secretary, who shall continue in office during the time for which the said managers may be appointed. Sec, 3. And be it further enacted, That all actions and suits, either at law or in equity, necessary to be prosecuted in behalf of the Savannah poor house and hospital shall he commenced, sued for, and prosecuted in the name of the president and managers of the Savannah poor house and hospital. Sec. 4. And be it further enacted by the authority aforesaid, in order to aid in pro- To have the moting a scheme so benevolent and humane, that the managers of the sffid poor house escheated pro and hospital be, and they are hereby invested with the use and appropriation of the poor tax of the county of Chatham, and it shall be the duty of the collector of said county, and he is hereby required to account for, and pay over to the treasurer of the Savannah tution. poor house and hospital for the time being, the poor tax of said county of Chatham } and for the purposes above stated, the said managers of the Savannah poor house and hospital be, and they are hereby invested with the use and appropriation of the escheated property that has heretofore accrued, or which may hereafter accrue in said couuty; to which the claim of the heirs of the deceased shall, or may be barred in terms of the law regulating escheats in this state, passed in the year of our Lord one thousand eight hun- dred and one ; provided, that this aet, or any thing herein contained, "shall not be con- strued to effect or operate upon any money arising from the sales of escheated property, which may have been already paid into the treasury of this state. BENJAMIN WIIITAlvER, Speaker of the House of Representatives. HENRY MITCHELL, President of the Senate. Executive Department, Georgia, Assented to, 14th December, 1809. perty of Chat- ham county, for the benefit of said insti- DAVID B. MITCHELL, Govkiwok. PASSED IN THE YEAH 1809. AN ACT (No. 4SS.) To alter and amend an act, regulating roads in this State, so far as respects the opera- Hon of said act in the counties of Bryan, Liberty, M(Intosh, Glynn, Camden and Wayne* passed the 8th day of December, 1S06, so far as respects the county of Camden. Sec. l. €nacie(i yy tjie Senate and House of Representatives of the State of All the slaves Georgia, in General Assembly met, and by the authority of the same, That all the on^L^road^ slaves in the county of Camden, those in the town of St. Mary's, excepted, liable to do JJ. and perform road duty, shall work upon, and repair the main post road leading from shall work on "the road lead* Fort Barrington to St. Mary's as now laid off, shall work six days in each year upon said ing from Fort road, until the aforesaid road is thought to be complete by a majority of the commission- friary's! ° team and driver, two dollars; for each cart, team and driver, one dollar; for ea^h head of cattle, twelve and a half cents; and for each head of hogs, sheep or goats, six and a quarter cents. BENJAMIN WIIITAKER, Speaker of the House of Representatives*. HENRY MITCHELL, President of the Senate. Executive Department, Georgia, Assented to, 14th December, 1809. DAVID B. MITCHELL, Governor. ner he may raise certain hutments. Rates of toll. LAWS ur ULUltUIA, (No. 487.) AN ACT To pardon Edward Downing. Preamble. IIEUEAS at a superior court held in and for the county of Green, for Septem- her terra, in the year of our Lord, one thousand eight hundred and ten, a certain Ed- ward Downing, of the county aforesaid, was con/ieted of the crime of murder, and was sentenced by the court to be .executed on Friday the 28th of the same month, but on the petition of sundry persons, principally inhabitants of the county of Green afore- said, to his excellency the governor, praying a respite for the said Edward Downing, the same was granted until Friday the 30th day of November, instant. BE it therefore enacted by the Senate and• Tlouse of Representatives of the State of discharged Georgia, in General Assembly met, and by the authority of the same, That from and aities ofPhis immediately after the passing of this act, the said Edward Downing shall be, and he is hereby declared to be fully and entirely pardoned, exonerated, and discharged from the pains and penalties of his said conviction, as though he never had committed the said olfence, on payment of legal costs. » BENJAMIN WHITAKER, Speaker of the Bouse of Representatives. JARED IRWIN; President of the Senate. Executive Department, Georgia, Assented to, 27th November, 1810. DAYID B. MITCHELL, Governor. Pardoned and conviction. (No. 488,)* AN ACT To continue in force an act, passed the twenty second day of December, one thousand eight hundred and eight, " giving further time to the fortunate drawers in the late land lotteries to take, out their grants." it enacted by the Senate and Douse of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, Time for tafc- ^rae allowed by the above recited act, for taking out grants, Le, and the same ing out grants is hereby extended and continued until the twenty fifth day of December, one thou- extended. eight hundred and eleven. BENJAMIN WHITAKER, Speaker of the House of Representatives. JARED IRWIN, President of the Senate. Executive Department, Georgia, Assented to, 29th November, 1810. DAYID B. MITCHELL, Governor. PASSED IN THE YEAR 1810. tfs AN ACT (No. 489.) To amend the first seetion of an act, entitled " Jin act, to extend the laws of this State over the persons resident in Wafford9s settlement, and for organizing the same," ! E it enacted by the General Assembly of Georgia, and it is hereby enacted, That the law shall be extended over all that part of the said settlement known by the name of g.\a extended Watford's settlement, which is included within the line run under the direction of James Blair, a commissioner on the part of the United States, and Walter Adair on the part of ment. the Cherokee nation of Indians. And the said citizens, inhabitants of said settlement, shall be added to the county of Jackson, and shall be entitled to all the privileges of other citizens of this state, subject nevertheless, to the same restrictions as the inhabi- its bounda- pics jind priv- tants of said settlement, included within the former line run by Hugh Montgomery, iieges. under the direction of James Blair, commissioner on behalf of the United States, and James Vaun and Kaetehee, commissioners on the part of the Cherokee nation of In- dians, as pointed out by the third section of the before recited act. BENJAMIN WHITAKER, Speaker of the House of Representatives, JARED IRWIN, President of the. Senate, Executive Department, Georgia, Assented to, 6th December, 1810. DAVID B. MITCHELL, Governor. . AN ACT (No. 490.) To incorporate the Agricultural Society of Georgia, HERE AS John Bolton, John Cumming, Thomas Young, Thomas Telfair, John M. Berrien, Curtis Bolton, Joshua E. White, Richard Richardson, Steele White, Ebe- nezer Stark, Nichol Turnbull, Noble W. Jones, William Scarborough, Oliver Sturges, Benjamin Burroughs, Barna M'Kinne, Benjamin Maurice, Charles Perry, Hugh Ross, and^jJjo'n<1 Hanen Kimball, Joseph Carruthers, John Hunter, Henry Hall, Jabez Longworth, Jo- ers names, nathan Meigs, William Woodbridge, John P. Williamson, James Dickson, David Wil- - liford, Stephen Martell, William T. Williams, Richard M. Stites, John Anderson, John Eppinger, John Eppinger, jun. Adam Cope, John G. Williamson, William Taylor, Thomas Phelps, Jonathan Battelle, Charles Oddingsells, Robert G. Houston, Benjamin Ansley, Frederick Ball, George Woodruff, Francis Roma, John Lawson, Richard Wall, Archibalds. Bulloch, Lemuel Kollock, Hugh M'Cail, Gurdon J. Seymour, William A * LAWS OF GEORGIA, (HJo. 490.) Mein, Edward "White, Alfred Cutlibert, Henry Ilolcoinb, Thomas Gardiner, John Caig, George Seott, Tobias Y. Gray, James G. Ahny, John Grimes, George Anderson, William B. Bulloch, William Gaston, John II. Deubell, James Bilbo, Robert Small, Thomas L. Malone, Thomas Mendenliall, James B. Read, Abraham Richards, Theo- dore A. Seheodde, Andrew Low, Richard F. Williams, George Ilarrall, Ralph May, Zaehariah Miller, Calvin Baker, B. Ogden, Thomas Bourke, Samuel Barnet, George Jones, L. N. Alard, A. Devuillard, Thomas Hieheneaux, J. J. Coiron, J. J. Blanch- ard, and N. Nazant, have by their petition represented that they have associated them- selves and formed a society for the purpose of collecting the different modes of agricul- ture that are in practice in this state, to suggest such improvements as experience has shewn to be beneficial j to excite among their fellow citizens a desire of making experi- ments for the renovation of exhausted lands, and for the amelioration of such as in their natural state are unproductive or unfit for cultivation, which objects are highly laudable and interesting to the citizens of this state, and deserve the fostering care of its Legislature. Sec. 1. BE it therefore enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the several persons herein before named, and others who now are, them & their or may hereafter become members of the said agricultural society, and the successors, Ameliorated °®eers an(l members thereof, shall be, and they are hereby declared to be a body corpo- rate in deed and name, by the name and style of the (i Agricultural Society of Georgia," and by the said name and style shall have perpetual succession of officers and members, and a common seal to use, with power to make, alter, change and amend such bye-laws aud regulations as may be agreed on by the members of the said society. Provided, that such bye-laws and regulations be not repugnant to the constitution and laws of this state, or of the United States. Sec. 2. And be it further enacted by the authority aforesaid, That the said society by the name and style aforesaid, shall have, hold, and enjoy, and shall be invested with, all manner of properly, both real and personal, and all monies due, or to become due Theirprivi- to the said society, and shall have, hold, receive and enjoy all donations, gifts, grants, le&es' hereditaments, privileges and immunities which may now belong to the said society, or to which it ma) hereafter become entitled. And the said society by the name and style aforesaid, shall be, and is hereby declared to be capable of suing and being sued, im- • pleading and being impleaded, and of using all necessary legal steps for recovering or defending any property whatever which the said corporation may have, hold, claim or demand. Sec. 3. And be it further enacted by the authority aforesaid, That the said corpo- ' Authorized to. ration be, and they are hereby authorized to establish a lottery upon such scheme and lyAonery.000 plan as they in ay devise, for the purpose of raising a sum not exceeding ten thousand PASSED IN THE YEAR 1810. 587 dollars, to be applied exclusively and entirely to the objects for which the said corpora- (No. 490.) tion has been established, and to and for no other purpose whatever. BENJAMIN WHITAKER, Speaker of the House of Representatives. J ABED IRWIN, President of the Senate. Executive Department, Georgia, Assented to, 6th December^ 1810. DAYID B. MITCHELL, Governor.. AN ACT To extend the power&of the commissioners of the town of Wrightsborough, in the county of Columbia. (No. 491.) Sec. 1. ^ enaefeii py ppe Senate and House-of Representatives of the State of Georgia, in General Assembly met9 and it is hereby enacted by the authority of the commission- same, That the commissioners of the town of Wrightsborough shall be, and they are er* author^- 00 ekin, shall in future be held as separate and (lis- ttistmct and • 1 separate per- tinct persons, altogether unconnected by aDy mistical union or civil contract whatsoever, ,ons' at any time heretofore ma le or entered intq between them. BENJAMIN WIIITAKER, Speaker of the House of Representatives. JARED IIIWIN, President of the Senate. Executive Department, Georgia, Assented' to, 8th December, 1810. DAVID B. MITCHELL, GOVEEXOE. (No. 497.) AN ACT To authorize the commissioners of the academies in the several new counties of this State, to purchase one thousand pounds worth of confiscated property. Preamble. HEREAS the General Assembly of this State did on the 20th day of December, 1792, pass a law authorizing the commissioners of the academies of the several counties in this State to purchase one thousand pounds worth of confiscated property, and as there are several new counties in this State which have not yet received such donation; Sec. 1. BE it therefore enacted hy the Senate and House of Representatives of the Commission- State of Georgia, in General Assembly met, and hy the authority of the same, That the cbase'eonfis^ c°miTMss'oners of the several county academies in this State, or their agents, who have «atcd lands, not heretofore received one thousand pounds worth of confiscated property, shall be aud they are hereby authorized to purchase at any sales of confiscated property, to the amount of one thousand pounds for each county, and the commissioners for selling of confiscated property are hereby authorized to receive their bids to the above amount, and to make sufficient titles to them for the same,, and their successors in office. Sec. 2. And he it further enacted hy the authority aforesaid, That where the com- missioned of any of the'county academics as aforesaid, have heretofore become pur- chasers of any confiscated property, either by themselves or agents, the said eommis- sioners of confiscated property are hereby authorized and required to make titles for the same to them, and their successors in office, as well as for all other property whieh they or any of them may hereafter purchase at such sales ; Frovidcd nevertheless, That if any commissioners so purchasing or having purchased at such sales, having hereto- And receive titles for foi - mer purchas- Ci. Proviso. PASSED IN THE YEAR 1810. 599 fore received any part of the one thousand pounds as allowed by the before recited act, (No. 497.) that in that ease they shall only receive such sum as will in all make the sum of one thousand pounds as aforesaid. BENJAMIN WIIITAKER, Speaker of the Mouse of "Representatives. JARED IRWIN, President of the Senate. Executive Department, Georgia, Assented to, 8th December, 1810. DAYID B. MITCHELL, Governor. AN ACT (No. 498.) To authorize the commissioners of the town and commons of Frederica, to sell Jive acres of the_ commons belonging to said town. E it enacted by the Senate and House of Representatives of the State of Georgia) in General Assembly met, and Jby the authority of the same, That the com- missioners of the town and commons of Frederica, are hereby authorized to sell unto acres. Joseph Turner, five acres of the commons of said town, and make him titles in fee simple, he paying a valuable consideration for the same; and the monies arising from the sale, to be applied to the use of the academy of said county. BENJAMIN WHITAKER, Speaker of the House of Representatives. JARED IRWIN, President of the Senate. Executive Department, Georgia, Assented to, Sth December, 1810. DAYID B. MITCHELL, Govern OR* 000 laws of georgia, (No. 499.) . AN ACT To authorize the commissioners of St. diary's Lottery to dispose of the funds that may arise from the same. Be it enacted by the Senate and House of Representatives of the State how°Sas2ed! °f ^eorS^a» General Assembly met, and by the authority of ihe same, That the com- missioners of the St. Mary's lottery shall bo authorized and empowered, after com- pie ting the dam or dyke contemplated to prevent tlie inundation of sea water, shall esti- mate the amount "of costs and charges attending the same, opposite each lot. And should not the leasor, proprietor or leasee thereof, pay up to the town treasurer said costs and charges, the lots before which the work shall be done, shall be, and are hereby declared liable for the annual payment of s}x per eeut. interest, on the amount expended as afore- said, <;o be appropriated by council to public purposes. BENJAMIN WHITAKER, Speaker of the House of Representatives. JARED IRWIN, President of the Senate. Executive Department, Georgia, Assented to, 8th. December, 1810. DAVID B. MITCHELL, Governor. (No. ioo.) AN ACT Amendatory to an act, entitled, « an act to enable the trustees of the Richmond academy to lease out the commons of Augusta, and for other purposes therein mentioned, and to enlarge their poitoers." IIEREAS the cultivation of the flat lands lying south of the city of Augusta, will greatly contribute towards the promotion and preservation of the health of the inha- Preamble k^nts, as as a*d ia the support of the* academy, which is represented to be in a very flourishing and thriving situation, and deservedly entiGed to the further patron- age of the legislature. Commons to by the Senate and House of Representatives of the State of Georgia, be leased and in General Assembly met, and by the authority of the same, That from and after the passing of this act, it shall and may be lawful for the trustees of the Richmond academy PASSED IN THE YEAR 18115. 601 from and after the expiration of the present leases, to lease out $ny part or the whole of (No. 500.) the said commons in lots, for one or more years, at their discretion, the rents of which said commons to be considered as part of the funds of the said academy. BENJAMIN WHITAKER, Speaker of the House of Representatives. JARED IRWIN, President of the Senate. Executive Department, Georgia, Assented to, 8th December, 1810. DAVID B. MITCHELL, Governor. AN ACT (No. 501.) To alter and ametrd the third section of an act, entitled, " an act to impose a tax for the support of government, for the year eighteen hundred and eight." Preamble. HERE AS by the said third section of the before recited, act, it is enacted that all the property of the tax collector and his securities of which they, or either of thern were possessed at the time of entering into bond, shall be bound from the time of sign- ing the same for the amount which may be due the State. And whereas it is but reasonable and just that the State and county tax should be upon the same footing ; for remedy whereof; ' Sec. 1. BE it enacted by the Senate and House of ^ Representatives in General As- semhly met, and it is hereby enacted by the authority of the same, Tuat from and after Collector and the passing of this act, all the property of the tax collector and his security or securities, howbound. as well for the county as State tax, shall be bound from the time of signing such bond. I Sec, 2. And be it further enacted, That when any execution may be issued against Eie^al]ev any tax collector for taxes due this State, or any county within this St&te, and wtien the, how tried. 'Sheriff may levy the same on property claimed by any person not a party to said execu- tion, the same proceedings shall be had thereon, as for the -trial of the right . % ^ie $emte an& House of Representatives, in General Assembly met, aitted. and it is hereby enacted. That the said fine be, and is hereby remitted, and that the justices of the inferler court for the county of Liberty be ordered to stay execution. BENJAMIN WHITAKER, Speaker of the House of Representatives. JARED IRWIN, President of the Senate. Executive Department, Georgia, Assented to, 8th December, 1810. DAYID B. MITCHELL, Governor. PASSED IN THE YEAR 1810. 603 AN ACT (No. 8(53.) To repeal an act, entitled (< an act to remove the courts, elections, and other county business of the county of Telfairpassed the %2d day of December, 1808 ; and to de- termine upon a proper seat for the same. ®EC' jDlE it enacted by the Senate arid House of Representatives in General As- sembly met9 and by the authority of the same, That from ami after the passing of this puSi^buUdt act, it shall and may he lawful for the justices of the inferior court of the county of maV be Telfair, to meet and determine upon any spot or lot pf land, as the seat of the courts, elections and other county business in the said county:; Provided, the same is within the proviso, eighth district of the said county, and upon the Ocmulgee river; any law to the con- trary notwithstanding. Sec. 2. And be it further enacted by the authority aforesaid, That the elections Temporary and other county business shall be transacted at the dwelling house of Mark Pregon, situation, in the eighth district, on the said river Ocmulgee, until the public buildings shall be completed. BENJAMIN WHITAKER, Speaker of the House of Representatives. J ABED IRWIN, President of the Senate. Executive Department, Georgia, Assented to, Sth December, ±810.. DAVID B. MITCHELL, Goveuxoe.. .AN ACT (No. 804.) To divorce Thomas Harvey and Martha his wife. Sec. 1. J^| jg ^ enac£C(j iy ifo Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, That from and im- Thomas Nar- ^ vey and [Mar-* mediately after the passing of this aety the matrimonial connexion or civil contract of tha his wife marriage made between Thomas Iiarvey and Martha his wife, late Martha Safford, dlvorced- shall be completely annulled, set aside and dissolved, as fully and effectually as if no such contract had ever heretofore been made and entered into between them. Sec. 2. And be it further enacted by the authority aforesaid, That the said Thomas Harvey and Martha his wife, late Martha Safford, shall in future he held as separate dwtSt" pe£ and distinct persons, altogether unconnected by any mistical union or civil contract sons* whatsoever, at any time heretofore made or entered into between them. BENJAMIN WII1TAEER, Speaker of'the House of Representatives. J ABED IRWIN, President of the Senate. Executive Department, Georgia, Assented to, 8th December, 1810. DAVII) B. MITCHELL, Goyernoh. LAWS OF GEORGIA, (No. 503.) * AN ACT To keep open Savannah and, Tugalo rivers, and to pHvent obstructions in the same, calculated to impede the free passage of boats and'jish, so far as respects the county of Franklin. Sec-1. ft enacfe&ty the Senate and House of Representatives of the Slate of rntTo Te1 ob- Georgia, in General Assembly met, and by the authority of the same, That from and structed. immediately after the first day of February next, it shall not be lawful for any per- sou or persons to obstruct or cause to be obstructed, more than one half of Savannah and Tugalo rivers, front the mouth of Lightwood-log creek, to the Indian boundary , line in said county, by darns, fish traps, or other obstructions, and that one half of said streams which shall include the main current, shall at all times be kept open for the free passage of beats and fish. Sec, 2. And be it further enacted, That any person or persons that shall offend against the provisions contained in this act, he, she, or they shall be subject to the pen- ruetiur)g°V °f* fifty dollars for each day lie, she, or they shall so offend, to be prosecuted and recovered in the superior court of said county, to be recovered by bill of indictment, by the proper law officer to the grand jury of said county; and such trial shall be had thereon, as heretofore practised in the superior courts of this State in State cases, and prosecutions against any person or persons who offend against, or violate any law > or laws enacted for the preservation and interest of the citizens of this State ; and upon conviction the informer shall be entitled .to one fourth pf the penalty incurred by a vio- lation of the provisions contained in this act, and the other three fourths to be placed in the clerk's office of the inferior court, for the purpose of keeping open said rivers $ and shall be subject to the commissioners of said rivers, to be by them applied to the improving the navigation of said rivers. Commission- Sec. 3. And be it further enacted, That Joseph Walters, Richard Gray, John Mul- ers" lins, John D. Terrell, and Joel Yowell, be, and they are hereby appointed commission- Their powers, ers, who shall have complete power to survey and view any obstructions in said rivers whi6h may be considered in violation of the provisions contained in this act, and on their giving five days notice to any person or persons,Jheir agent or attorney, who shall ob- struct said rivers or continue any obstructions now in said rivers, in violation of this act, then, and in that ease, they or a majority of them shall have competent power to remove or cause to be removed sueh obstructions, by calling to their aid, if necessary, Proviso asy nunaber of citizens of said % county \ Provided nevertheless, that *no penalty imposed by this act, shall take place prior to the first day of February next. BENJAMIN WHITAKER, Speaker of the House of Representative*. JARED IRWIN, President of Git Senate. - Executive Department, Georgia, Assented to, 8th December, 1810. DAVID B. MITCHELL, Governor, PASSER IK THE YEAH 1319. 60* . AK ACT (No. ,S06.) To secure to Lewis Calffrey and John Coats, tkeir heirs and assigns, the sole and exclusive right of running a line of stage carriages between the cities of Savannah and Augusta,for the term of ten years. IIEREAS the exclusive right to run a line of stage carriages for the conveyance of passengers and their baggage, between the city of Savannah and the. city of Augusta, was by law vested in James Gaffney and Lewis Calffrey for the term of five years, com- mencing on the first day of October, One thousand eight hundred and six; and which term will expire on the first day of October, one thousand eight hundred and eleven, and which exclusive right is now vested in the said Lewis Calffrey and John Coats, who have petitioned the present legislature for the exclusive right of running the said line of stage carriages between the aforesaid cities of Savannah and Augusta, to be extended to them for the further term of ten years 5 tcusommence on the first day of October, - eighteen hundred and eleven. . Sac. 1. BE it therefore enacted by the Senate and House of Eepresentatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of Exclusive the same, That the said Lewis Calffrey and John Coats, their heirs and assigns, shall have the sole and exclusive right of running a line of stage carriages for the convey- anee of passengers and their baggage, between the city of Savannah and the eity of Augusta, for the term of tea years, to commence on the first day of October, one thou- sand eight, hundred and eleven. € Sec. 2. And be it further enacted, That if any person or persons shall within the said term, presume to run any stage carriage or carriages in any manner for farfe or hire between the places aforesaid, without the consent or concurrence of the said Lewis Calffrey and John Coats, their heirs or assigns under their hands and seals first obtained, every such person or persons so offending, shall forfeit and pay to the said Lewis Calf- frey and John Coats, their heirs and assigns, double the amount of the sum demanded or received by the said person or persons, to ,or from any part or place within the Urn- its of the said eity of Savannah and city of Augusta, comprehending all the different routs between the same, to be recovered by the said Lefris Calffrey and John Coats, their heirs and assigns, by action of debt before any magistrate or eourt having cogni?- ance thereof; Provided, the said Lewis CalfiVey and John Coats do give bond iu the sum of two thousand five hundred dollars, with good and sufficient security to his excel- lency the governor, for the running of stages for the aforesaid term. BENJAMIN WXIITAKER, Speaker of the House of Mcpresentatives* JAIIED IRWIN, President of the Senate. Executive Department, Georgia, Assented to, -8th December, 1810. DAY1D B. MITCHELL* Goyerxqk. Penalty fop infriagiug it. 60S LAWS OF GEORGL\, (No. -B07.) AN ACT To amend an act, entitled « an act to make permanent the scat of the public buildings in the county of Pulaski." -Sec.1. n enacted by the Senate and House of Representatives of the State of Commission- (;e0rgia, in General Assembly met, and by the authority of the same it is hereby ars ot liar u- ^ fer& enacted, That George "Walker, Jacob Stiell, Allen Tuke, William S. Lancaster, and Josiah Everett, are hereby appointed commissioners for the town of Hartford in the county of Pulaski, the same being the site of the public buildings for said county. Sec. 2. And be it further enacted by the authority aforesaid, That the said com- missioncrs shall give bond and security to the inferior court and their successors in office-, mdduty.°ath *n ^1C sum forty thousand dollars, and take an oath to appropriate the money arising from the sale of said lots, for the building of a court-house and jail in the town aforesaid, and for other county purposes that shall be by them deemed bf public utility under the inspection of the inferior court of said county. Sec. 3, And be it further enacted, That the justices of the inferior court or a majors The public ity of them"of the said county of Pulaski shall on the first Monday in January next, or. transferred, within twenty .days thereafter, meet at the town of Hartford, and transfer all monies which have not heretofore been laid out for county purposes, bonds and securities which they have taken in consideration of the sale of lots in the town aforesaid, to the eommis- sioners aforesaid, under the penalty of forty thousand dollars; which said penal sum, on the failure of the compliance of the said justices or either of them holding public money arising from the sales of said town lots, bonds, notes or other security, may be sued for and recovered in any court of justice in this state having cognizance thereof. Commission ers incorpo Sec. -i. And be it further enacted, That when ever any lots in the said town shall hereafter be sold by the commissioners of the said town of Hartford, the amount of mo- rated. nies due for the lots shall be made payable to the aforesaid commissioners or their sue- cessors in office who are hereby made a body corporate and authorized to sue and be sued, to plead and be impleaded in any court of law or equity in this state having cognizance thereof. Shall exhi- bit a yearly statement. Sec^ 5. And be it further enacted, That the before mentioned commissioners shall annually at the first sitting of the superior court in every year for said county of Pulaski, lay before the grand jury of said county a fair statement of the monies, bonds, and other securities that they shall have collected, or that may remain in their hands, or either of them, arising from the sales of said town lots, under the inspection of the clerk of the superior court of. said countyand it is hereby made the duty of the grand jury to attend PASSED IN THE YEAR 1810. 60? the same, and make a fair statement on their presentments thereof, any law to the con- (No. 50f.) trary notwithstanding. BENJAMIN WHITAKER, Speaker of the House of Representatives. JARED IRWIN, President of the Senate. v Executive Department, Georgia, Assented to, 13th December, 1810. DAYID B. MITCHELL, Governor. AN ACT (No. SOS.) To incorporate the town of Warrenton in the county of Warren, and to vest certain powers in the commissioners thereof Sec. 1. enacted ly the Senate and House of Representatives of the State of Georgia, in General Assembly, met, and by the authority aforesaid, That David Bush, George vCottdn, Chappel Heath, Jeremiah Butt, and Hamilton Goss, be com- inissioners of said town, and they and their successors in office shall have full power and —their duty, authority to pass all bye-laws and regulations which may he necessary for the improve- ment and repairing of the streets of said town, and the preservation of the public good: Provided nevertheless, that such bye-laws and regulations shall not be repugnant to the provis®. constitution and laws of this state, and that no penalty thereby imposed shall extend to corporal punishment, exGept to people of color and Provided also, that the said com- Proviso, niissioners shall not impose any tax upon the citizens of the said town, which shall exceed one dollar on each poll within the term of one year. Sec. 2. And be it further enacted, That the said commissioners shall continue in office until the first Monday in January, one thousand eight hundred and twelve, and on the first Monday in every year thereafter, on which day, all the free male white citizens 1 of the said town who have given in their taxable property, and who are entitled to vote for regulated, members of the General Assembly, shall assemble at the court-house in said town, and by ballot elect other commissioners, who shall continue in offiee for one year, at which election two justices of the peace for the said county shall preside; Provided nevertheless, That the said commissioners shall be re-eligible to the said appointment. - Sec. 3. And be it further enacted, That the said incorporation shall extend to, and take all the town lots that have been originally laid off in said town, and also shall bouadarSf comprehend all the land within three hundred yards of1 the said court-house, it being the centre of said corporation. . BENJAMIN "WHITAKER, Speaker of the House of Representatives. JARED IRWIN, President of the Senate. Executive Department, Georgia, Assented to, 8th December, 1810. DAYID B. MITCHELL, Governor. 60S LAWS OF GEORGIA, (No. 509.) AN ACT To establish and make permanent the site of the public buildings in the county of Twiggs* Sec. 1. enacie$ ly the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, public !TuikU That Ike court-house and other public buildings for the county of Twiggs shall be wigs* erected at or near Joiner's spring above Savage's creek, on lot No. 73, in the 25th dis- triet, late .Wilkinson, now Twiggs county. Sec. 2. And be it further enacted by the authority aforesaid, That John Garden, Commission- Jacob Ricks, William Davis, Loyet B. Smith and James M'Cormick be, and they and crs appointed. ^ie.p suceessors jn office are hereby appointed commissioners of the court-bouse and jail of the said county of Twiggs, and they or a majority of them are hereby authbrized to purchase as a site for the public buildings not less than 75 nor more than 20G acres of the Their powers 8a"* No. 73 ab'ove described; and they or a majority of them are hereby authorized te and duty. contract for and superintend the building of the court-house and jail for the said county of Twiggs at the place mentioned in the first section of this act, after giving at least „ thirty days previous notice in one or more of the public gazettes in the Ocmulgee district.. Lots to be Sec. 3. And be it further enacted by the authority. iforesaid, That the said com- missioners be and they are hereby authorized to lay off on such land as may be so pur- sold." w chased as aforesaid, such number of lots as they or a majority of them may think proper, and the same to expose to public sale, after giving thirty days notice ss above, on ere- dit, at four equal annual instalments, the purchaser giving bond with approved security Money how *° ^e sa^ commissioners and their successors in office Jfor the amount of such sales.— to be applied. Xhe proceeds of said sales to he applied to the'erection of the public buildmgs in said county, and for other county purposes. Sec. 4. And be it further enacted by the authority aforesaid, That all acts and parts >©f acts militating against this act be, ahd the same are hereby repealed. BENJAMIN WHITAKER, Speaker of theHouse of Representatives. ♦ JARED IRWIN, President of the Senate. Executive Department, Georgia, Assented to, 8th December, 1810. DAVID B. MITCHELL, Governor. PASSED IN THE YEAIl 1810. 609 AN ACT (No. 510.) To regulate the toivn of Monticcllo in the county of Randolph. Sec. 1. enacted ly the Senate and House of Representatives of the State Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That Richard Holmes, Henry Walker, Stokeley Morgan, James Armour and e^^pdinted" Francis S. Martin, esquires, be and they are hereby appointed commissioners of the said town of Montieello, and they and their successors in office shall have full power and au- thority to make and ordain all such bye-laws and regulations, which they may deem ne- Their powerj cessary for the government of, for the improvement and repairing of the streets of said &c- ■ town, and for the preservation of the public springs; provided, that such bye-laws and regulations shall not be repugnant to the laws and constitution of this state, and that no penalty thereby imposed, shall extend to life or limb, or corporal punishment of any white person. And provided also, That the said commissioners shall.not impose any poll tax Proviso, upon the citizens of the said town which shall exceed one dollar on each poll within the term of one year. Elections how regulated. Sec. 2. And be it further enacted, That the said commissioners shall continue in office until the first Monday in January in the year 1812, at which time and on the first Monday in January in every year thereafter, all the free male white citizens of said town, who have given in their taxable property and are entitled to vote for members of the General Assembly, shall convene at the court-house in said town and proceed to elect by ballot five commissioners, who shall continue in office for the term of one year, at whiek election any two justices of the inferior court, or justices of the peace of said county (who are not candidates) shall preside. Sec. S. And be it further enacted, That nothing herein contained shall extend, or commission- be construed to extend to prevent the re-election"of any commissioner who may be elected 2ected'be f<> in pursuance of this act. Sec. 4. And be it further enacted. That said commissioners shall have power to elect • • . . x v Maji elect a a marshal ft) e*&b£uie their decrees, whose fees shall be the same as the constable in all marshal. eases. \ > 'j /V|HITA^ER, Speaker of the House of Representatives. JARED IRWI^, President of the Senate. < Executive Department, Georgia, Assented to, 15th December, 1810. DAVID B. MITCHELL, Governor. D & €10 LAWS OF GEORGIA, (No. 511.) AN ACT Amendatory to an act for laying out llic county% of Twiggs, passed i'tih December, 1S09, and also to enable the jnslices of the inferior courts of Telfair, Laurens, Wil- kinson, Pulaski and Montgomery counties, to draw grand and petit jurors for their respect ire counties. when01to°llie ®r'c" ** .12' E it enacted by the Senate and TJonse of Representatives of the Stale of holden. Georgia, in General Assembly met, and it isjiereby enacted by lite authority of lie same, That the inferior courts for the county of Twiggs shall he holden on the first Mon« day in February and October in each year. Sec. 2. And he it further enacted by the authority aforesaid. That the justices of die inferior court for the county of Twiggs, or a majority of theui, together with the clerk of the superior court and sheriff of said county he, and they are hereby authorized on the first Monday in January next, and on the first Monday in January in every two years May draw thereafter, or at any other time that to them shall be -convenient, being at least sixty furors.^ PCUt days previous to the time pointed out for holding the said superior and inferior courts in the said county of Twiggs, to break the seal or seals of the jury box of the county aforesaid, and to draw from thence a sufficient number of persons to serve as grand and petit jurors in the superior court for said county, as also a petit jury for the inferior courts; and the jurors being drawn, the said jury box again to seal and deliver, together with the key or keys to the proper officer or officers, as pointed out by law* Sec. 3. And be it further enacted by the authority aforesaid. That the justices of inferior courts ^,e inferior courts of Telfair, Laurens, Wilkinson, Pulaski and Montgomery counties be, Laurens \vii an(* ^ey arc hereby authorized to draw grand and petit jurors for their respective counties kinson, Pulas- at any time that to them shall he convenient, being at least sixty days previous to the gomery may" time appointed for the holding of the superior courts of their respective counties, in like petit "*urors ^ manner as pointed out for drawing grand and petit jurors for the county of-Twiggs, by J * the 2d section of this act. Sec. 4. And be it further enacted by the authority aforesaid, That the true con- ■ ^effect^com- structi°n °f t'ie fifth section of the act to which this act is amendatory, is; that all officers missions. shall hold their respective appointments in the county in which they respectively resided at the passage of this aet, find not otherwise. ' * * Repealing Sec. 5. And be it further enacted by the autho i'i'l y mfo rcsa i r&VIS<*- district. BENJAMIN WHITAKER, Speaker of the House of Representatives... JARED IRWIN, President of the Senate. Executive Department, Georgia, Assented to, 13th December, 1S10. DAYID B. MITCHELL, Governor, AN ACT (No. 513.) To authorize certain commissioners therein named, to establish a lottery for the purpose of raising fifteen hundred dollars, to enclose the burial ground of Midway church in Liberty county. Sec. l. ft eHacted by the Senate and House of Representatives of the State of Lottepy gTanl Georgia, in General Assembly'met, That it shall and may be lawful for the commission- ell—for' what •ers hereinafter named, to establish a lottery, whereby they may be enabled to raise the puipose* " sum of fifteen hundred dollars, for the purpose of enclosing the burial ground of* Mid- way church, in Liberty county, under such scheme and regulation as they or a majority of them may deem necessary and proper, to carry into effect the above reeited act. Sec, 2. And be it further enacted, That James Powell, Daniel Stewart, and John commission- Elliott, be, and they are hereby appointed commissioners to carry into effect the afore- ers appointed, said lottery., " , BENJAMIN W11IT YKER, Speuker of the House of Representatives• JARED IRWIN, President of the Senate. Executive Department, Georgia, Assented to, 13th December, 1810, DAVID B. MITCIIEIX, Governor. 612 LAWS OF GEORGIA, (No. 014.) AN ACT To incorporate a company for the improvement of the navigation of the Oconee river, from the mouth of Fishing creek near Mary Wall, Elizabeth Irvine, Hannah Hill, Catharine Stiles, Martha Stevens, Mary C. Taylor, and Hester Johnson, trustees, and that a majority of said board shall be re- quisite to transact business, and in ease the first or second directress give non-attendance, the members present may appoint a directress pro tempore. Annual elce- tions. Sec. 3. And he it further enacted, That if the annual election shall not lie made on the stated day, the said corporation shall not be thereby dissolved, but the members of said board continue in office until a new election, which shall be made at such time and place, and after such notice, as the board shall prescribe, and in ease an equality of votes shall be given for any one or more persons as a member or members of the said board of trustees, the board shall determine "which of such persons shall be considered as elected, «nd which determination shall make it lawful for such person or persons to take her or their seat accordingly. Sec. 4>. And he it further enacted, That the said hoard shall, at least at everyyeariy election, exhibit to the members of the said corporation an exact account of the receipts counts- which shall, be known and designated as follows; PASSED IN THE YEAR 1810, 625 The north-western division sliali be called and known by ward number one. (No. 1.) (No. 526.) The north-eastern division by ward number two. (No. 2.) The south-eastern division by ward number three. (No. 8.) And the south-western division by ward number four. (No. 4.) And the electors of each ward shall meet at some place within the bounds thereof, hereinafter designated, on the first Monday in January next, and on the first Monday in January in every year thereafter, and then and there between the hours of ten o'clock in the forenoon and three o'clock in the afternoon, proceed, by ballot, to the election of one commissioner for each ward. And when the commis- sioners chosen as aforesaid shall have been duly qualified as by the act to which this is amendatory, they shall meet at the state-liousc and proceed to the choice of a fit and proper person, not one of their own body, to act as intendant of said town. Wards. Elections. Intendant. Sec. 3. JLnd be it further enacted, That three free-holders shall preside at the dif- ferent elections for commissioners of each ward of said town, whose duty it shall be to eiecuones9 °* give ten days public notice of the place of holding said election, and shall certify under their hands and seals the persons so elected. Sec. 4. Jind be it further enacted, That the said commissioners shall have power fisljet.jes ancj to lease for one year at a time, the fisheries and cleared land belonging to the town and commons, commons thereof. Preamble. Taxes. WHEREAS the commissioners aforesaid did by an ordinance levy a tax upon the citi- zens of said town, and was in part collected by their marshal, and which tax others of said citizens refused to pay. Sec. 5. Be it therefore enacted, That the said tax so collected, and that which remains to be collected, shall go into the funds of the said town, to discharge any debts which may have been contracted by said commissioners; and that those citizens who have not paid their said tax so imposed by the said commissioners and who refuse to pay the same, shall be compelled so to do by distress and sale of their property, in any manner which a future board of commissioners may direct and adopt. Sec. 6. Jind be it f urther enacted, That the commissioners and intendant to be ap- pointed in pursuance of this act, in addition to the authority herein before vested in them, shatl have power to pass such bye laws and ordinances as they shall deem necessary and proper for the better regulation of the mar ket; for the preservation of tire springs ; for the keeping clean and repairing of the streets $ for the preservation of good order within the town; for preventing illicit traffic between slaves and shop keepers, and for eotnpcll- ing a due observance of the Sabbath, and to appoint the necessary officers for carrying such ordinances into effect; provided, such bye-laws and ordinances shall not be repug- nant to the constitution and laws of the state, and provided, it shall not be lawful for said F 4 Bye-laws. 626 LAWS OF GEORGIA, (No. 526.) commissioners to assess or levy any lax whatever on the inhabitants of the said town ex- ceeding the one fifth of the general tax, and provided also, that nothing herein contained shall be so construed as to take from the inferior court of Baldwin county, the power of contracting for the building and keeping in repair the necessary bridges across the creeks within the town tract of land. Sec. 7. And be it further enacted, That it shall he the duty of the commissioners aforesaid, to rent to the highest bidder, on the first day of February next, and annually thereafter, that part of the town common called the Ferry Landing opposite James Rous- scan's ferry, and deposit the proceeds thereof in the treasury of this state. Sec. 8. And be it further enacted, That all laws and parts of laws vesting in the aussCal' ^ commissioners of the town of Milledgeville any other powers than are herein expressly defined, shall be, and the same are hereby repealed, and the authority of the aforesaid commissioners hereby revoked. i BENJAMIN WHITAKER, Speaker of the Ilonse of Representatives, JARED IRWIN, President of the Senate. Executive Department, Georgia, Assented to, 15th December, 1810. DAYID B. MITCHELL, Goyeuxoh. Feny landing1 to be rented. (No. ear.) AN ACT To authorize the inferior court of Greene county to transcribe the records of that county• into bound books, and to confrm the same in courts of record. Sec. 1. ^ enacted by the Senate and House of Representatives of the State of Records to fee Georgia, in General Assembly met, That the inferior court for the county of Greene, or transcribed. majorj(y 0f them be, and they are hereby authorized and empowered to cause to he fairly transcribed into bound hooks, the whole or any part of the records of said county. Underwho.ce •direction. Sec. 2. And be it further enacted, That it shall be the duty of the officers of said court, or any person having charge of any of the records of said county, to deliver them up to the court, and the said court, or a majority of them, are hereby required to appoint a fit and proper person to transcribe the records aforesaid, and take bond with good and sufficient security for the faithful execution of the duties aforesaid, who shall also take and subscribe an oath to that effect. PASSED IN THE YEAR 1816. Sec. 3. And be it further enacted, That after the manuscript copy shall be finished, the inferior court shall appoint two fit and proper persons to eompare and correct the manuscript copy, and when corrected as aforesaid, the copy and original shall be receiv- ed by the aforesaid court, and deposited in the offices to which they respectively belong. Sec. 4. And be it further enacted, That the said duplicate records shall be consi- dered by the officers of court as original records, and shall be received as such in all or Duplicate records. any court of record, nor shall they or any of them be barred in evidence by the courts of record throughout this state, any thing to the contrary notwithstanding. Sec. 5. And be it further enacted, That the said court shall be, and they are hereby authorized to levy an extra tax upon the county of Greene, to defray the expenses of h^paM." transcribing the aforesaid records. BENJAMIN AVIIITAKER, Speaker of the House of Representatives. JARED IRWIN, President of the Senate. Executive Department, Georgia, Assented to, 13th December, 1810. DAVID B. MITCHELL, Governor. AN ACT To apportion the Representatives among the several counties in this State, according to the third enumeration, in conformity to the seventh section of the first article of the Constitution. HEREAS the seventh section of the first article of the constitution directs, that the House of Representatives shall be composed of members from all the counties, accord- ing to their respective numbers of free white persons, including three fifths of all the Preamb^ people of colour ; in order therefore to apportion the representatives of each county res_ pectively, to the said thiriVenumeration or census. Sec. 1. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, That in future Apportioning the representation of the respective counties shall be apportioned in the following manner, ot represents!, viz. Jones, three ; Laurens, one; Columbia, three; Scriven, two ; Twiggs, two; Wayne, one ; Jefferson, two; Camden, two; Oglethorpe, three ; Montgomery, one; Elbert, three; Tatnall, one; Pulaski, one; Franklin, three; Warren, three; Baldwin, two; Effing- (No. 527.) Manuscripts to be exarnin- ed. (No. 528.) C23 LAWS OF GEORGIA, (No. 52S.) ham, one; Jackson, three; Greene, three; Wilkinson, one; Bulloch, one; Washing- ton, three; Morgan, three; Glynn, one; Putnam, three; Burke, three; Randolph, three; Wilkes, three ; Hancock, three; Lincoln, two; Chatham, three; Clarke, three ; Richmond, two; Liberty, two; MTnto&b, two; Bryan, one; Telfair, one; and Wal- ton, one. BENJAMIN WHITAKER, Speaker of the House of Representatives.. JARED IRWIN, President of the Senate. Executive Department, Georgia, Assented to, 15th December, 1810. DAVID B. MITCHELL, Governor. (No. 529.) AN ACT To make valid the proceedings of the late clerk of the superior court of Twiggs county?, and to point out the place of holding county elections of the superior and inferior courts of said county. Sec. 1. jug enacted ly the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is. enacted by the authority of the same?. ,, That all the acts and proceedings of Archibald M'lntier, lately acting as clerk of the cier& s nc* ^ counts made superior court of Twiggs county, so far as such acts and proceedings were consistent with duties and powers of a clerk of a superior court, shall from henceforth be deemed, held and taken as lawful, legal and valid to all intents and purposes. Sec. 2. And be it further enacted by the authority aforesaid? That from and after seaTofjustice Passagc °f this act, the superior and inferior courts of the said county of Twiggs, and all county elections shall be held at the house of John Harden in the said county, until a court-house shall he erected at the site pointed out by law for holding courts iu said county. Time of kold- Sec. 3. And be it further enacted by the authority aforesaid? That it shall he the nig elections, duty of the justices of the inferior court of Twiggs county to advertise for and hold an election for a clerk of the superior court of said county on the third Monday in February next, they giving thirty days notice thereof at three or more of the most public places in .said county. Sec. <>. And be it further enacted, That the lot of land in the twenty- Dunn's land fifth district Wilkinson, nows Twiggs county,, known by the number fifty-five, granted to — Dunn, and by him conveyed to the late commissioners appointed re'-vested. PASSED IN THE YEAH 1810. 6C» for the purpose of fixing on a suitable and convenient place for the erection of the public (No. 529.) buildings in the said county of Twiggs, is hereby declared to be re-rested in the said Dunn, his heirs and assigns, upon his refunding to the present commissioners for . fixing 011 the site of public buildings, so much of the consideration money as he may have received, and cancelling such obligations as may have been given him for such purchase. Sec. 5. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the purchasers of lots at the place formerly fixed on as the site of the P(,fibhasers ef public buildings in Twiggs county to rescind and render void their contracts made on be re- their respective purchases, upon their cancelling the titles by them respectively held; and upon their doing so, the justices of the inferior court, or other persons holding obligations given for such lots, are authorized and required to give up such obligations or cancel the same, any law to the contrary notwithstanding. BENJAMIN WHITAKER, Speaker of the House of Representatives, JARED IRWIN, President of the Senate. Executive Department, Georgia, Assented to, loth December, 1810. DAYID B. MITCHELL, Governor. AN ACT To regulate the collection of rents. HERE AS the present mode of collecting rents in this state by distress and sale is oppressive in its consequences, and frequently ruinous to poor tenants, for remedy whereof, (No. 530.) Preamble. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That from and after the passage of this act, ic shall be recovered0 not be lawful for any person or persons to proceed by distress and sale for the recovery of rents due, as has heretofore been the practice in this state; hut that all rents hereaf- ter to become due, shall be recovered in the same manner as other debts, dues, or de- jnands of equal degree are, any law to the contrary notwithstanding. Provided, That pr0vis0. any landlord upon making oath of the amount due him for rent, and that the tenant is about to leave the premises or depart the county, shall be allowed to hold such tenant to bail, although the term at which the payment of the rent may have been stipulated, shall not have expired. BENJAMIN WHITAKER, Speaker of the House of Representatives. JARED IRWIN, President of the Senate. Executive Department, Georgia, Assented to, 13th December, 1810. DAVID B. MITCHELL, Goyehitob. 630 LAWS OF GEORGIA, (No. 531.) AN ACT To vest power in the commissioners of Greenesborough to sell and convey certain lands therein mentioned. May sell lands. Proviso. Sec. 1. .j enucie(i yy flie Senate and Jlouse of Representatives, in General Jls- senibly met, That the commissioners of the town of Greeneshorongh for the time being, or a majority of them, are hereby authorized and empowered to sell and convey by gene- ral warrantee titles in fee simple, all or any part of the alleys or hamlets, belonging to the town of Greenesborough, under such regulations and restrictions as they may think proper to adopt •, provided, such regulations and restrictions shall not go to impair the general interest of the citizens of said town. Monies how Sec. 2. And he it further enacted, That the money arising from the sales of said XTiuniCS now appropriated, alleys and hamlets, shall be in the power of the said commissioners for the time being, or a majority of them, to appropriate the whole or any part thereof to the building of pews, seats and other repairs that may be necessary for the meeting-house or place of public worship, within the corporation of said town, any thing to the contrary notwitk- standing. BENJAMIN WHITAKER, Speaker of the House of Representatives. JARED IRWIN, President of the Senate. Executive Department, Georgia, Assented to, 15tli December, 1810. DAYID B. MITCHELL, Governor. (No. 532.) Preamble. -Oath. AN ACT To prescribe the oath of the special jury in cases of divorce. IIEREAS 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. Sec. 1. BE it therefore enacted by the Senate and House of Representatives of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the oath to be administered to the special jury in all cases of divorce, shall be in the words following, viz. " You shall well and truly try the cause depend- ing 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, so help you God." BENJAMIN WHITAKER, Speaker of the House of Representatives. JARED IRWIN, President of the Senate. Executive Department, Georgia, Assented to, 13th December, 1810. DAVID B. MITCHELL, Governor. PASSED IN THE YEAH ISiO. esi AN ACT (No. £33.) To authorize Henry Joice to erect a ferry across the Oconee river at or near his landing. "VP"HERE AS it would be of general good to the community, (hat a ferry should be rrearriblet established at or near the said Joice's landing. Sec. 1. BE it therefore enacted ly the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, That the Hls authority. aforesaid Ilenry Joiee, his heirs or assigns, are hereby authorized to erect a ferry on the Oconee river at or near his landing, and to receive a toll for the same at the following rates, to wit: nag-e. Eor_a loaded waggon, team and driver, fifty cents; for an empty waggon, team and driver, thirty-seven and a half cents ; for a four wheel pleasure carriage, fifty-cents; for „.^tes offer- a two wheel pleasure carriage, twenty-five eents ; for a loaded eart, team aud driver, twenty.five cents 5 for an empty cart, team and driver, eighteen and three quarter cents; for a horse and rider, six and a quarter cents; for every led horse or mule, six and a quarter cents; for each head of cattle, two cents; for each head of hogs, sheep or goats, one cent; for every rolling hogshead, team and driver, eighteen and three quarter cents. Seg. 2. And be it further enacted, That James Alston, Abraham Jones, Edward Blackshear, Joseph Birch and Hugh M'Donald, be and they are hereby appointed com- missioners to lay off a road leading from said ferry on both sides of said river to where laid off. the same shall intersect the public market road leading from and to the city of Savan- nah, any law to the contrary notwithstanding. Road to bd BENJAMIN WHITAKER, Speaker of the House of Representatives- JARED IRWIN, President of the Senate. Executive Department, Georgia, Assented to, 13th December, 1810. DAVID B. MITCHEIA, Gotekuob. LAWS OF GEOIIGIA, (No. 531.) AN ACT To incorporate the Planter"8 Bank of the State of Georgia, and to repeal an act entitled " Jin act to incorporate the Planter's Bank' of the Stale of Georgia," passed the 5tli day of -December, 1807. * Capital stack. State interest. Sec. 1. sjgjj ^ enacied yy fhe Senate and Rouse of Representatives of the Stale of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That a back shall be established in the city of Savannah, the capital stock whereof shall be one million of Dollars, to be divided into ten thousaud shares of one hundred doliars each, of which one thousand shares shall be reserved until the first day of Janu- ary, eighteen hundred and twelve, on the original terms, then or at any prior time to be taken by the State, according to the pleasure of the legislature, whereby the State, at any subsequent election shall be entitled to the appointment of two directors, and if they be not then taken by the State, to be disposed of in manner hereinafter provided. Sec. %. And be it further enacted by the authority aforesaid, That subscriptions for constituting the said bank shall he opened at the eity of Savannah, on the first day of Subscriptions February next, under the superintendance of Charles Karris, John Bolton, James Sy^hom^nd J°^nsiG,h Edward Swarbrick, William B. Bulloch, John Caig, George Anderson, Ed- v/here. ward Stebbins., John P. Williamson, George Scott, William Mein, John M. Berrien, Andrew Low, John Gumming and Zachariah Miller, a majority of whom shall be com- petent to the discharge of their duties, and the hooks of subscription shall be kept open for the space of six months, during which time it shall and may be lawful for any per- son or copartnership, being citizens of the United States, corporation or body politie established in the United States, to subscribe for any number of shares, not exceeding Proviso. one hundred, except as herein before provided relative to the State. Provided, that if the whole number of shares he not taken up within the space of six months, then and in that ease it shall and may be lawful for any person or copartnership, being citizens of the United States, corporation or body politic established in the United States, to subscribe for any number of the shares unsubscribed for as aforesaid, and the sums respectively subscribed for shall be payable in manner following, viz: ten per cent, at the time of subscribing $ twenty per cent, at the expiration of three months thereafter 5 and the bal- anee of the sums so subscribed at such time as the same shall be required by the direct- P ovlso ors> Provided, that sixty days previous notice ,of the time, at which such payment is required to be made, be given in one of the gazettes of Savannah, Augusta, aud Mil- ledgeviile; and provided, that 110 payment shall be required al any time between the first of July and first of November in any year. Sec. 5. And be it further enacted by the authority aforesaid, That if there shall Whea shares be a failure in the payment of any .sum subscribed by any person, copartnership or body aiafsifeited. wjicn ^'ac same is required to be paid by this act, or when it shall he required PASSED IN THE YEAR 1810. to be paid by the directors, the share or shares upon which such failure shall happen (No. 53i.) or accrue, shall be for such failure forfeited, and may be again sold and disposed of in such manner as the directors shall order or provide, and the sums which may have been paid thereon shall enure to the benefit of the said corporation. Sec. 4. And be it further enacted by the authority aforesaid, That all* those who shall become subscribers to the said bank, their successors and assigns, shall be, and incorporated, they are hereby created and constituted a corporation and /body politic, by the name and .style of •• The Planter's Bank of the State of Georgia," and by that name shall be, and are Namc & styie'. hereby made able and capable in law to have, purchase, receive, possess, enjoy and retain, to them and their successors, lauds, rents, tenements, hereditaments, goods, chattels and effects^ of whatsoever kind, nature, or quality the same may be, to an amount not exceeding in the whole one million- three hundred thousand dollars, including the amount of the capital stock aforesaid ; and the same to sell, grant, demise, alien or dis- , pose of; to sue and be sued, plead and be impleaded, answer and be answered, defend byeTawsf33 & and be defended, in courts of record, or any other place whatsoever; and also to make, have and use a common seal, and the same to break, alter and renew at their pleasure; And also, to ordain, establish and put in execution, such bye laws, rules and regulations, as shall seem necessary and convenient for the government of the said corporation 5 Pro- Proviso. 9ided9 That such bye laws, rules and regulations be not contrary to the constitution and laws of the State, or the United States; and generally to do and execute all and singular such acts, matters and things as to them may or shall appertain, subject never- theless, to the^ rules, regulations, restrictions, limitations and provisions hereinafter prescribed. Sec. B. And be it further enacted by the authority (foresaid, That for the well ordering of the affairs of the said corporation, there shall be thirteen directors, who Directors, £hall be elected as soon as two hundred and fifty thousand dollars in gold and silver when elected.. coin shall have been received on account of the subscriptions for the said stock, and on the first Monday in January in each and every year thereafter, by the stockholders, or proprietors of the capital stock of the said, corporation, and by plurality of the votes actually given in ; and tho>e who shall be duly chosen at any electiou, shall be capable of serving as directors by virtue of such choice, until the end or expiration of the first Monday of January next ensuing the time of such election, and no longer. And the said directors at their first meeting after each election, shall choose one of their num- her as president, and in case of his death, resignation, removal from the State, or from President: the board of direction, the' said directors shall proceed to fill the vacancy by a new election for the remainder of the year;/ Provided always, and be it further enacted, Proviso. That as soou as the sum of two hundred and fifty thousand dollars in gold and silver shall have been actually received on account of the subscriptions (o the said stock, notice thereof shall be given by the commissioners herein before named, in one at least of the G ft 634 LAWS OF GEORGIA, (Ao. 534. J public gazettes of Savannah, Augusta, Milledge.ville, Washington and Athens; and ihc said commissioners shall, at the same time, in like manner notify a time and place within the said city of Savannah, at (he distance ot ninety dajs at least from the date of such notification, for proceeding to the election of directors, and it shall be lawful for such to be then and there made ; and the persons who shall be then and there chosen, shall be the first directors, and shall receive from the said commissioners the money which may have been received by them, and shall be capable of acting by virtue of such choice, until the end or expiration of the first Monday in January next ensuing the time of making ihe same, and shall forthwith thereafter commence the operations of the said bank at the Proviso. said city of Savannah; And provided further, That in case it should at an;) time hap- pen, that an election of directors should not be made, upon any day when pursuant to this act it ought to have been made, the said corporation shall not for that cause be deemed to be dissolved, but it shall be lawful on any other day to hold and make an eiccliou of directors, in such manner as shall have been regulated by the rules'and bye-laws of the said corporation; and provided, that in case of «he death, resignation, absence from the state, or removal of a director, his place may be lilled up by a new choice for the re- mainder of the year, by the remaining directors. Sec. 6. Jind be it further enacted by the authority aforesaid, That the directors for the time being shall have power to appoint such officers and clerks under them, us ^etrofRcers* ")e neeessaiT f°r executing the business of the said corporation, and to allow them sucli compensation for their services respectively, as shall be reasonable; and shall be capable of exercising such other powers and authorities for the well governing and order- iug the affairs of the said corporation, as to them shall appear conducive to the interest of the institution. Sec. 7. And be it further enacted by the authority aforesaid, That the following introductory rules, restrictions, limitations and provisions shall form and be fundamental articles of" the constitution of the said corporation. Stockholders how to vote. 1st. The number of votes to which each stockholder shall be entitled, shall be accord- ing to the number of shares he shall hold, in the following proportion, that is to say, for one share, one vote; for two shares and not exceeding live, two votes; for every Proviso. five shares above five, one vote ; Provided, That no person, corporation, oriiody politic or corporate shall be entitled in his, her or their own right, to more than thirty voles. And after the first election, no share or shares shall confer a right of suffrage, which shall not have been holden three calendar months previous to the day of election. 2d. None but a stockholder, entitled in his own right to ten shares, and being a citizen til. i qnlS of tile state, and not being a director of any other bank, shall be eligible as a director; canons. ajKj any one 0p t|,e (ii,.ectors after being elected, shall at any time during the term for which he shall have been chosen, cease to be a stockholder, his scat shall ihtreupou be- PISSED IN THE YEAU 1810. 635 come vacated, and the remaining directors, or a majority of them, shall at their next (No. 534.) meeting pass an order declaring him no longer to be a director. 3d. The stockholders shall make such compensation to the president for his services, Presidents as shall appear to them reasonable. 4th. Not less than five directors shall constitute a board for the transaction of business, of whom the president shall always be one, except in case of sickness, or necessary ab- senee, in which case his plaee may be supplied by any director, whom he, by writing under his hand, shall nominate for the purpose. 5th. A number of stockholders not less than twenty, who together shall be proprietors whpn ameet. of two hundred shares or upwards, shall have power, at any time, to call a meeting of »ngr be the stockholders, for purposes relative to the institution, giving at least sixty days notice in a public gazette in the city of Savannah, in the city of Augusta, in the city of MiK ledgeville, and at Washington and Athens, specifying iu such notice the object or objects of such meeting. 6th. The cashier or treasurer of the bank for the time being, before he enters upon the duties of his office, shall give bond with two or more securities, to the satisfaction of the directors, in a sum not less than twenty thousand dollars, with condition for his good behaviour and the faithful discharge of his duties. 7th. The lands, tenements and hereditaments which it shall be lawful for the said cor- , „ , ' Land, &e. how poration to hold, shall be only such as shall be requisite for its immediate accommodation, to be held. in relation to the convenient transaction of its business ; and such as. shall have been bona Jide mortgaged to it as security, or conveyed to it in satisfaction of debt? previously con- traeted in the course of its dealings, or purchased at sales, upon judgments which shall * have been obtained for such debts. What consti- tutes a board. Cashier or treasurer to give bond. 8th. The total amount of the debts which tbe-said corporation shall at any time owe, Their debts whether by bond, bill, note or other contract, shall not exceed three limes ihe amount of not to exceed their capital stock, over and above the amount of specie actually deposited in their vaults for safe keeping. In case of excess, the directors under whose administration it. shall happen, shall be liable for the same in their individual, natural and private capacities; and an action of debt may in such case be brought against them, or any of them, their penaity or any of their heirs, executors or administrators, in any court of record in the United States, having competent jurisdiction, or either of them, by any creditor or creditors of the said corporation, and may be prosecuted to judgment and execution, any condition, covenant, or agreement to the contrary notwithstanding. But this shall uot be construed to exempt the said corporation or the lands, tenements, goods and chattels of the same, from being also liable for, and chargeable with, the said excess—And such of the said 636 LAWS OF GEORGIA* ;£No. 534.) directors wlio may have been absent when the said excess was i ottracted, or created, oB who may have dissented from the resolution or-act whereby the same was so contracted or created* may respectively exonerate themselves from tieing so liable, by having theifi dissent, if preseut, entered on the minutes of the said corporation. Certificates of stoek. _ 9th. The directors shall have power to issue to the subscribers their certificates of stock, which shall be transferable on the books of the cashier only, by*personal entry of the stockholder, his legal representetive'or attorney, duly authorized by special power, for that purpose. 10th. The company shall in no case directly or indirectly be concerned in commerce or- •in insurance, or in Hie importation or exportation, purchase or sale of any goods, wares shall not en- or merchandize whatever (bills of exchange, notes, and bullion only excepted i except gage m com- . * merce, &c. such goods, wares or merchandize as shall be truly transfered, conveyed or pledged to them by way of security, for money actually loaned and advanced, or for debts due, owing* or growing due to the said corporation, or purchased by them to secure such debts so duo to the said corporation, or to effect the insurance on the property that may belong or btf thus pledged to the said company, for its security. lltli. The bills obligatory'and of credit, notes and other contracts whateve'r on behalf' of the said corporation, shall be binding and obligatory upon the said company, provided Bills bonds same be signed by the president; and countersigned or attested by the cashier of 1I10 &c. to be sign- sajj corporation : and the fuuds of the corporation shall be in no case held liable for anv ed and coun- 1 J tersigned. contract or engagement whatever, unless the same shall be so signed and countersigned or attested as aforesaid ; and the books, papers and correspondence, and the funds of the company shall at all times be subject to the inspection of the board of directors and stockholders, when convened, according to the provisions of this act. "Dividends,. 12th. Dividends of the profits of the corporation, or of so much thereof as shall bfr deemed expedient and proper, shall be declared and paid half yearly ^ihe first half after the bank shall have been in operation, excepted,) and the said dividends shall from time to time be determined by a majority of the directors at a meeting (o be held for that pur- pose, and shall in uo case exceed the amount of the nett profits actually acquired by the corporation, so that the capital stock thereof shall never be impaired. 13th. The directors shall keep fair and regular entries, in a b;>ok to be provided fot < that purpose, of their proceedings, and on any question when two dii triors shall require made. it. the yeas and^ nays of the directors voting, shall be duly inserted on thcr- r fs, and those minutes be at all limes on demand produced to the stockholders, wneu ai a geueral meeting the same shall be required. Duration of Th® corporation shall exist and continue until the first day of January, one thou- tj>e charter. sand eight hundred and forty 5 and immediately after the dissolution of the naid corpora- Their entries how to be PASSED IN THE YEAR 18iO. t" !—J-" 1 — ' '■ '■ ... . .) , 1 ■■ ' ■■ tiou, effectual measures shall be taken, by the directors last appointed and acting, for (No. 53L) closing all the concerns of the company, and for dividing the capital and profits which may remain then among the stockholders, according to their respective interests. Sec. 8. Anil be it further enacted by the authority aforesaid, That an act passed Repealing- the 5th December, 1807, entitled, " an act to incorporate the Planter's Bank of the claus when an} vacancy may happen in any regimental or battalion, oolonel or ma- district within this state, of any lieutenant colonel of such regiment or major command' jar command- ant to be ad- ant in counties containing but ore battalion, by death, resignation, or otherwise, it shall vertised. ^ 0f ^ie brigadier general commanding such regiment or battalion, within thirty days after receiving information of such vacancy, to order a new election, and give the then commanding officer of the regiment at least thirty days notice of the time and place where such election shall be held. Elections to be advertised. Proviso. Sec. 2. And be it further enacted, That it shall be the duty of such commanding officer of such regiment to advertise such election as aforesaid, at least twenty dajs ia each captain's district within such regiment, in one or more of the most public places in such district, of the time and place such election shall be held. Provided, such election shall be held at such regimental muster ground. PASSED IN THE YEAR 1810. 639 Sec. S. And be it further enacted, That it shall be the duty of any two or more cap- (No. 537.) tains or lieutenants within such regimental or battalion district (as the case may be) with ° . who shaU two or more justices of the county wherein such election m&y be held, not being them- preside, selves candidates, shall preside at, and superintend such election, and the said presiding officers, civil and military, shall within thirty days thereafter, certify under their hands and seals the person or persons having the highest number of votes, which, together with the state of the poll, shall be transmitted to the commander in chief, who shall within ten days after such transmission, commission the person or persons so elected: provided nevertheless, if two counties compose one regiment, in that case the election shall be 1PrmiS0- held at the several battalion muster grounds on the same day, and the result of each election be sent to the governor, who shall commission as aforesaid, provided such election is not_contested. Sec. 4. And be it further enacted, That it shall be the duty of the lieutenant colo- Mnjor how nel commandant within thirty days after receiving information of a vacancy having oe- elected, curred in any battalion district, within their respective regiments, by death, resignation or otherwise, of the major of such battalion district, to advertise for the election of such major to liil such vacancy, in one or more of the most public places in each captain's district, within such battalion district, provided such election shall' be held at the bat- taiion muster ground within such battalion district. Sec. 5. And be it further enacted, That such officers, civil and military, shall su- perinteud the election of such major, and certify in like manner as for the lieutenant Who shall . eertifv. colo cl as aforesaid ; and it shall be the duty of his excellency the governor to t ommission the major or majors so elected, upon the same principle as herein before pointed out for the election and commissioning of the lieutenant colonel. Sec. 6. And be it further enacted, That all such colonels and majors shall hereafter be elected by the uiiliiia iiabie to perform militia duty, under the respective command of Colonel and such colonel or major (as the case may be) when so elected. The candidates having the how e" highest number oi votes shall be elected. Sec. 7. And be it further enacted, That when any county in this State shall contain Inspection- two or more regiments, it shall be the duty of the adjutant general to convene each re- musters, gimeiit at their respective regimental muster grounds, whenever it shall be necessary to convene such regimeuts for the purpose of annual inspection. Sec. S. And be it further enacted by the authority aforesaid, That the convention of the field, staff, company and non-commissioned officers of the regiment composed of the counties of Camden, Glynn and Wayne, which shall be called for the purpose of ce^^f cam- training said officers, the said convention shall be had at some place as near the junction den,&c when to convene.. of the lines of the said counties as convenience will admit, to be determined on by a ma-* <510 tW/S OF GEORGIA* (No. 537.) jority of the militia officers in each county present at such convention ; arid until such: place shall have been agreed on, the place of meeting shall be at Burwell Atkinson's. repealing Sec. 9. And be it further enacted, That the first and second sections of the before, clause. recited act, shall be, and the same are hereby repealed. ■ Repealing- ^EC* i0* ^ f}ir^ier *nMtcd9 That all laws and parts of laws heretofore, clause. passed on this subject, militating against this act, be, arid the same are hereby repealed^ BENJAMIN WHITAKER, Speaker of the House of Representatives. JARED IRWIN, President of the Senate- Executive Department, Georgia, Assented to, 15th December, 1810. DAVID B. MITCHELL, Governor. .(No. 5S8.) AN ACT To amend the several judiciary acts now in force in this State B E it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, That all special jurors Special jurors shall be taken from the grand jury list of the county, and struck in the presence of the nerto^etak- co«rt, in the following manner; the clerk shall produce a list of the grand jurors pre- erK sent, and .there cmpannelled, from which the party, plaintiif and defendant, or their at- terney, may strike out one alternately, until there shall be hut twelve jurors left, who shall forthwith be emparmclled and sworn, as special jurors to try the appeal eause; and in all eases 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 proof thereof, the judge before whom such notice is,given for such special jury to be empanrielled, shall on behalf of 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. BENJaMIN WHITAKER,. Speaker of ihe House of Representatives. JARED IRWIN, President of the Senate* Executive Department, Georgia, Assented to, 15th December, 1810. . DAVID B. MITCHELL, Governor. PASSED IN THE YE Alt ISld. «il AN ACT (No. 539.) For the relief of the heirs and lawful representatives of James Simms, and for the relief of Peter II. Collins. E it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and by the authority of the same, That the justices of the inferior court of Columbia county be, and "they are hereby authorized and requir- ed to release and exonerate the heirs and legal representatives of James Simms and Pe- tcr H. Collins, from a judgment entered up in Columbia superior court, on a scire facias against James Simms and Peter II. Collins, on the fourth of March, eighteen hundred and nine, on their paying all costs which have accrued on the same. tn BENJAMIN WHITS.KER, Speaker of the Mouse of Representatives. JARED IRWIN, President.of the Senate„ ^Executive Department, Georgia, Assented to, 15th December, 1810* DAYID B. MITCHELL, Governor AN ACT (No. 540.) For the relief of Jokn Barnes. 15 E it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, That the justices of the Justices f inferior court of Washington county,'or a majority of them, be, and they are hereby court1 autho- ' fully authorized and empowered, if they think proper, to relieve the above named John Barnes from the payment of the judgment entered against him as security for the ap- pearance of one Eli Barnes, upon payment of costs. BENJAMIN WHITAKER, Speaker of the Mouse of Representatives< JARED IRWIN, President of the Senate. Executive Department, Georgia, ► Assented to, 15th December, 1810. DAVID B. MITCHELL, Governor. H -A 6%% LAWS OF GEORGIA, (No. 5& 1.) AN ACT To fx the site of the public buildings in Laurens county. Sec. 1. !i-^E enacieix ty . tfie Senate and House of ^ Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, That John G. Commission- Underwood, Jethro Spivey, Benjamin Adams, John Thomas, and William II. Mathews, ers appointed. . . . . y be, and they are hereby appointed commissioners ; and they, or a majority of them, arc May fix on & hei't'by authorized and empowered to purchase or procure by donation, any quantity of sit©C forS the not exeee(^n£ tw0 hundred two and an half acres, at or within two miles-of the public build- place known by the name of the Sand-Bar, on the Oconee river, as a site for the public jjm'g sell l0fs, buildings in the county of Laurens, and as soon as the said commissioners shall have - procured, the said land, they shall cause as many- lots to be laid off and sold, at four equal - instalments, as they may. deem necessary, and aftfer giving sixty days notice in the Georgia Journal and one Augusta paper, of the time and place of sale, shall proceed to dispose of the same at public auction, on.sueh terms as they or a majority of them may deem most conduciye to the interest of the county. , And the commissioners aforesaid, or a majority of them, are hereby authorized and empowered, to appropriate the money arising from the sale of said lots, for the erection of a court house and jail for said Surplus mo- and in case any surplus funds should remain in the -hands of the commissioners appropriated6 a^oresa^^ after the completion of the said court house and jail, they shall pay the same to the justices of the inferior To legalise and make valid certain acts of sheriffs and clerks, and to regulate the admis- sion of evidence in the several courts of law and equity in this State, so far as relates to certain papers, HERE AS considerable doubts have arisen in the courts of this State, relative to the official returns of sheriffs and deputy sheriffs, whose bonds and oaths have not been entered on the minutes of the court before which such officers may have qualified. Preamble; And whereas doubts have also arisen in said courts as to the propriety of admitting deeds to go as evidenee before a jury, which a deputy clerk may have certified as to the enrollment; for remedy whereof, Sec. 1. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met,*and by the authority of the same, That the official returns of all sheriffs and deputy sheriffs, shall be, and the same are hereby legalized ana acts mad® and made valid to all intents and purposes, as if made by a sheriff or deputy, who had valld- been qualified according to law. Sec. 2. And be it further enacted by the authority (foresaid, That all deeds, mort- gages, conveyances, and other writings enrolled by any deputy clerk In the ,proper court, Their records , , to be evidence and certified by him as such, the same shall he received and admitted as evidence in any court of this State, in like manner as if the same had been recorded by the chief clerk. Sec. 3. And be it further enacted, That all grants, copy-grants, testimonials, or any other document or paper whatsoever, heretofore issued out of the secretary of state's state" office, purporting to be signed by a deputy secretary of state, shall be held and taken as ^sv^ds to legal, provided, the said paper shall he ascertained to be genuine; Provided nothing contained in this act shall be so construed as to admit any grant obtained on the south Proviso. side of the Oconee and Appalachee rivers, previous to the late land lotteries, as evidence in any court within this State. Sec. 4. And be it further enacted by the authority aforesaid, That in all cases brought by any endorsee or endorsees, assignee or assignees, on any bill, bond or note, before any Endorsements court of law and equity in this State, the assignment or endorsement, without regard to & assignments the form thereof, shall be sufficient evidenee of the transfer thereof, and the said bond, bill or note shall be admitted as evidenee, without the necessity of proving the hand writ- >ing of the assignor or assignors, endorsor or endorsors; any law, usage, or custom to the contrary thereof notwithstanding. BENJAMIN WIHTAKER, Speaker of the House,of Representatives» JARED IRWIN, President of the Senate, Executive Department, Georgia, Assented to, 15th December, 1810. DAYID B. MITCHELL, GOYEENGR. kAWS OP GEORGIA, (No. 54S.) AN ACT To amend "(in act to ascertain the dividing line between the counties of Montgomery and Jefferson.'*- JSe it enacted by the Senate and House« of Representatives, in General Assembly met, defined^ l neS an^ ^e auth°rtty °f Mie same it is hereby enacted, That the dividing line shall be as follows, to wit ^ beginning on the Sunbury road at the Uche paththence along said road to the head waters of Rocky creek; thenee down the main creek to its junction witlr Williamson's swamp; thenee down Williamson's swamp to its junction with Ogeckee river; and in future this shall be known as the line between the counties of Montgomery- and Jefferson; any law to the contrary notwithstanding. BENJAMIN WHITAKER,' Speaker of the House of Representatives«. JARED IRWIN, President of the Senate. . Executive Department, Georgia,; Assented to, 15th December, 1810.. DAYID IS. MITCHELL, Goveenok.. AN' ACT- To authorize certain commissioners to lay out a road from MiUedgcviUe to the town of" Hartford, in the county of Pulaski, to intersect the road now, open from Hartford\ to the Twiggs county line* . (No. pi-hf) Sec. 1. » » j£. enaci€(i *jie Senate and House of Representatives of the State of" Georgia, in General Assembly met, and by the authority of the same it is hereby enacted- Commission- That Aaron Feagen and B. M^Crary, be, and they are- hereby appointed commissioners rrs appointed. ^ ^ coun(y 0f Baldwin, and that John King, Thomas Durham and Thomas M*Ginty, be, and they are hereby appointed commissioners for the county of Wilkinson, and Ro- bert Sherrard, John Hays and Thomas. Dennard,. be, and. they arcJiereby appointed commissioners for the county of, Twiggs* S^c, 2. And be it further enacted by the authority aforesaid, That all the hands I who shall subject to work on roads, agreeable to the general road law in this State, residing within . *n 8aid of said road, shall be liable to work on said road, under the direction of the aforesaid commissioners, and in default, they shall be subjeet to the- same fines and penalties a§. are inflicted by the general road law of this State. PASSED IN THE YEAR 1810. Sec. 3. And be it further enacted, That the said commissioners shall carry the road as is hereafter pointed out, to wit: from Milledgeville to Durham's ford on Com-* missioners creek ; from thenee to Green's Ford on Big Sandy creek; from thence by Pasmore's on the old Uche path; from thence to. Luke Bozeman'son Shellstone creek | from thence to intersect the road as aforesakh Sec. 4.- Aud it is hereby enacted, That the said commissioners- are vested witk full power and authority, to carry this law into effect; it is also made the duty of the e^°^lsr9B^ aforesaid commissioners Uf attend to the same; any Taw to the contrary notwithstanding^ BENJAMIN WHITAKER, Speaker of the House of Representatives,' > JARED IRWIN, President of the Senate. - Executive Department, Georgia, Assented to, 15th December, 18i(k - DAYID B. MITCHELL; Goveuxosu AN ACT To incorporate a company for the purpose of opening the Ogechee river, from the mouth of Canouchee to the mouth of Pocky Comfgrt, and for the improvement of . the navigation thereof► HEREAS it has ever keen deemed objects of primary importance in every good* government, by facilitating the intercourse between every part of its territory, to gene- i-alize the national character, and cement more strongly the bonds which unite its citi- sens together $ and also tlieiebyto give additional incitement to die spirit of commercial Preamble. • and agricultural enterprise, and blend more intimately the two interests; and as the ex- perience of all ages and all nations has proven, that these important objects are more effectually accomplished by the opening of rivers and the improvement of inland naviga- tian, it therefore becomes the duty of all legislatures to attend to the executing and the perfecting of the same; And whereas the Ogeechee river from the boldness and depth of: its stream, affording at most seasons of the year sufficient water for the passage of boats, and from the numerous population and great fertility of the lands in its vicinity, com- - manding a great quantity of produce, which will be bourn down its current, deserves1 the attention ©f the State, and will effectuate the objects above mentioned; (No. 544.) Ks> course. (No. sis-}- Sec. 4i BE it therfore enacted by the Senate and House of Peprcscntaiives of the State CommIst.loil, of Georgia, in General Assemby met, Tbat Walter Robinson, John Berrien, John Powell, ers appointe-:. SJttleherry Bostwick, sen'r. and Michael Shelman, esquires, be, and they are hereby . 6i6 LAWS OF GEORGIA, (No. Si5.) appointed commissioners for receiving subscriptions for the purpose aforesaid, for the Their duty sum ten thousand dollars, to be divided into one thousand shares, at ten dollars eaoh share, which subscription shall be opened at such time and place as may be appointed by the said commissioners or their successors in office, who are hereby required to give sixty days notice thereof in one or more of the public gazettes of Louisville, Savannah, Au- gusta and Milledgeville, and shall be kept open for the space of ninety days, during which time no one person, association or company shall be allowed to subscribe for any greater , number of shares in his, her or their own right, than ten, and if at "theexpiration of the time hereby appointed, it shall appear that the subscription shall net have been filed,, then it shall and may bo lawful for any person, association or company, to subscribe fop the whole or any less number of the shares which remain, unsubscribed far. Sec. %, And be it further enacted bythe authority dforesaid^H'hatsosom as the said shares shall have been subscribed for, that the subscribers therefor and their sue- cessors shall be, and they are hereby declared to be a body corporate, in name and deed by the style and denomination of the Ggcchee Navigation Company,. and by the said name and style aforesaid shall have perpetual succession of officers and members, and a com- mon seal to use, and shall have power and authority to make, alter, amend and change such bye laws and regulations as may be agreed by the members: provided, that such bye laws and regulations.be not contrary to.tbe.Iaws and constitution of this state, er of the United States. Sec. 3. And be it further enacted by the authority aforesaid, That they shall have fall power and authority under the said style and denomination, to sue and be sued, im» Their privi- plead and be impleaded, answer and be answered unto, in any court of law, or at any eges. tribunal having jurisdiction thereof,, arid the rights and privileges of the said society or corporate body, in any court of law or at .any tribunal: whatever t©-defend^ -and shall be and are hereby declared to be vested with all the powers aad advantages, priv- ileges and emoluments of an association or society of people incorporated for the pur- poses and intentions of their said association. .Their elec- -Sec. A. And be it further enacted by the authority aforesaid, That as soon as the said subscription shall have been filled, the said commissioners shall call a meeting of the subscribers for the ptirpose of electing officers and organizing the company, at which meeting there shall be chosen by ballot from the subscribers seven directors, who shall .choose frGm amor.gst.ihemselves, a president, and shall also choose such other officers as. may be deemed necessary for carrying on the business of the said company: and in the election of the said directors each person having one share shall be entitled to one vote . -each person having more than one share and not less than five, two votes; each person .having more than five shares and not less than ten, three votes ; and so on in this ratio. Sec. 5. And be it further enacted by the authority aforesaid, That as soon as (ho. said president and directors shall have been elected, and such officers as shall be netes* Incorporated and. by wjiat fOame. Proviso. i tions. ©gechee When to be opened. PASSED IN THE YEAR 1810. «*7 sary for carrying on the business of the said corporation, they shall proceed to open the (No. 545.) river Ogechee, from the mouth of Rocky Comfort to the mouth of Canouchee, provided yr0Yiso. nothing herein contained shall be so construed as to authorize the said corporation to de- ttiand any, toll for any dumber, boats or article whatever, which, may pass down the Ca- nouchee river; and to improve the navigation thereof, in such manner as the said com- pany shall deem best calculated to promote the objects of their association; and for this purpose shall be, and they are hereby authorized to fill up all channels, cuts, dead rivers, lakes, &c. as they may think proper, and to cut down and remove trees which may be growing upon the banks of the river, and which may tend to obstruet the navigation there- of to the distance of twenty yards back from the bank on each side. Sec. 6. And be it further enacted by the*-authority aforesaid? That from and after the said company shall have been organized as aforesaid, it shall not be lawful for any person or persons to obstruct, or in any manner to impede the opening and clearing out of the said river by throwing or felling trees therein or by any other means whatever, and if any person or persons shall so offend, he, she or they shall upon conviction thereof, be- fore any court having jurisdiction thereof be liable to pay for every such offence, a sum mot exceeding. twenty dollars, one half to be appropriated to the use of the informer, and the other half to the use of the said company. - Sec. To" Aridbe -it further enacted, That nothing, herein contained shall he so con- strued as to effect any established bridge or ferry upon said river; and as soon as the said corporation, shall have completed the improvement of the navigation thereof, so that boats of ifiv&i tons burthen can safely pass up and down said river, from the mouth of Rocky Comfort to the mouth of Canouchee river, that then the said corporation may demand a toll " upon all produce or manufacture of any kind which may be sent down said river, made or manufactured above the mouth of Canouchee river, not exceeding twelve and an half cenis per hundred. weight, and not exceeding twenty-five cents per thousand feet for all kind of squared or sawed lumber; twenty-five cents per thousand for all oak staves, and twelve and an half cents per thousand for all pine staves which may be sent down the aforesaid river prepared for market; above-the mouth of the Ca- nouchee river; and the said corporation may demand twelve and an half cents per hun- drcd weight for any kind of produce or manufacture w hich may he carried up the afore- said river, above the mouth of the Canouchee river. Sec. 8. And be it further enacted, That nothing herein contained shall be so con- strued as to authorize the sa'arts of this State. Commission- Sec. 1. BE it enacted by the, Senate and Rouse of.Representatives of the State of er« appointed. Georgia, (H General Jlssembly met, That Shaler Ililyer, Nicholas M. Marks, Thomas M- Barnett, Elisha Brewer, and Claibourne Webb, be, and they are hereby appointed PASSED IN THE TEAR 181«. 649 commissioners for receiving subscriptions for the purpose of improving the navigation (No. 456-) of Broad river, to the amount of ten thousand dollars, to be divided into one thousand ^ ^ shares at ten dollars each share, which subscription shall be opened at such time and place iSw divided.'1 as ma) be appointed by the said commissioners, who are hereby required to give sixty days notice thereof, in two or more of the public gazettes in this State, and shall be kept open for the space of ninety days, during which time no one person, association or company shall be allowed to subscribe for auy greater number of shares in his, her or their own right, or in the right of au^ other person or persons whatsoever than ten: and if at the expiration of the time hereby appointed, it. shall appear that the subscrip- tion shall not have been tilled, then it shatl and may be lawful for any person, association or company to subscribe for the whole or any less number of shares which remain un- subscribed for. Sec. 2. Jlnd be it further enacted by the authority aforesaid, That so soon as Uie said shares shall have been subscribed for, that the subscribers therefor, and their sue- cessors, shall lie, and they are hereby declared to be a body corporate, in name and deed, by the style and denomination of the Broad 1 liver Navigation Company, and by the said name and style shall have perpetual succession*of officers and members, and a common seal to use, and shall have power and authority to make, alter, amend and change such bye laws and regulations as inaj be agreed on by the members : Provided, that such bye laws and regulations be not contrary to the laws and constitution of this State, or of the United States. Sec. 3. Jlnd be it further enacted by the authority aforesaid, That they shall have full power and authority under the said style and denomination to sue and be sued, plead and be impleaded, answer and be answered unto, iu any court of law, or at any tribunal Their powers* having jurisdiction thereof; and the rights and privileges of the said soeiety or corpo- rate body in any court of law, or at any tribunal whatsoever, to defend, and shall be and are hereby declared to be vested with all the powers and advantages, privileges and emoluments of an association or soeiety of people, incorporated for the purposes and intentions of their said association. Sec. 4. Jlnd be it further enacted, That as soon as the said subscription shall have- been filled, the said commissioners shall call a meeting of the subscribers for the pur- pose of electing officers and organizing the company, at which meeting there shall be Election of chosen b} ballot from among the subscribers, seven directors, who shall choose from officers- among themselves a president, and shall also choose^other officers-as may be deemed necessary, and in the election of said directors, each person having one share shall be entitled to one vole; each person having more than one share and not less than five, two votes; each person haying jnore than five shares and not less than ten, three votes y and so* on in this ratio. I 4 - Incorporated Proviso- 659 LAWS OF GEORGIA, Sec. 5. And be it further enacted, That as soon as the said president and directors shall have been elected, and such officers as shall be necessary for carrying on the.busi- ness of the said corpoiation, they, shall proceed to improve the navigation of the said river from the confluence-of the same with the Savannah river, to the mouth of Hud- son's fork, in such manner as the said company shall deem best calculated to promote the object of their association, and for this purpose shall be, and they are hereby au- tliorized to remove all and every obstruction in the said river, which may tend to obstruct the navigation thereof. Sec. 6. And be it further enacted by, the authority aforesaid, That from and after the said company shall have been organized as aforesaid, it shall not be lawful for any person or persons to obstruct or in any manner impede the opening and clearing out the said l iver by throwing or felling trees therein, or by any other means whatever; and if anj person or persons shall so .offend, he, she, or they shall upon conviction thereof, be- fore any court having cognizance thereof, forfeit and pay for every such offence, a sum not exceeding twenty doltars, one halt to be applied to the use of the informer, and the other half to the use of the said compan). Sec. 7. And be it further enacted by the authority aforesaid, That as soon as the said TiveT shall have been sufficiently opened aud cleared by said company, to admit the passage of boats, theh the said corporation shall have full power to collect and receive a toll on all articles carried up or down said river, not exceeding twenty five cents on every hundred weight, except lumber,, which shall not exceed fifty cents for every thousand, and also levy a toll in proportion to that distance from any other place on said river between thy confluence of the same with the Savannah river to the mouth of Hudson's fork, for the keeping the navigation in repair. Sec. S. And be it f urther enacted, That the said corporation shall remain and con- tinue a body politic, under the limitations, restrictions and provisions aforesaid, until the first day of June, eighteen hundred and thirty. Provided nevertheless, That the Jegisla- ture of this State may at any time after the passage of this act, extinguish the charter hereby granted to the said company, upon paying to them the amount of their original' stock, together with the legal interest thereon from the date of the subscription, deduct- ing from the amouut of interest such sum as may have been collected from tolls, over and above the necessary expenses of the undertaking. Sec. 9. And be it further enacted by the anthority aforesaid, That this act shall not Seiues& fer- pe so construed as to debar citizens living in the vicinitv of said river from the right or mes exempted .... . ' *. . . seine hauling, keeping flats for ferriage, or canoes, not coming under the denomination of boats of burthen. BENJAMIN W11ITAKER, Speaker of the House of Representatives, JARED IUWIN>.President of the Senate*. Executive Department, Georgia, Assented to, 15th December, 1810. DAVID B. MITCHELL, Goyebnob. fNo. 5i6.) Their duty. Navigation not to ub- s true ted. Penalty for -so doing-. Collection of toll. Expiration of the charter. Proviso. PASSED IN THE YEAH 1S10. Fractions sut- jecttothe dis- AN ACT ^ (No. 5irj& To amend the 5th section of an act, entitled, an act to sell and dispQse of thefrac- tional parts of surveys of land in the counties of Baldwin and Wilkinson, passed the eighth day of December, eighteen hundred and six. Sec. 1. |^| £ enacfeci iy f]ie Senate and House of Representatives, in General Assembly met, and by the authority of the same, That in all cases where any purchaser of fractional survey or surveys of land, under and by virtue of the before recited act* ?liar.?e °f llie - instalments shall have removed from the limits of this State, and have left no property whereby the treasurer's execution can have recourse, then and in that case such fractional survey shall be made subject to the discharge of the instalments, as the same may beeome due. Sec. 2. And be it further enacted, That no sheriff or other officer shall be authorized to Wj,en a she make or eonvey a title to any purchaser of such fractional survey, until a certificate shall iff can sell, be produced from the treasurer of this Stale, to the officer selling such fractional survey as aforesaid, setting forth that the demand on such survey is settled for by the purchaser. Monies how appropriated. Sec. 5. And be it further enacted, That it shall be the duty of the treasurer to re- ceive of the purchaser the amount of the execution for which such fractional survey was sold, and to take a mortgage on the prem ses for the amount of the bond unsettled for, on such survey so sold; provided nevertheless, that it shall be the duty of the purchaser to pay the cost accruing on such sale. $Eq. 4. And be it further enacted, That so much of the fifth section of the before recited act as militates against this act, be, and the same is hereby repealed. cl uise6 ^ ^ BENJAMIN WHITAKER, Speaker of the House of Representatives. JAR ED IRWIN, President of the Senate. Executive Department, Georgia, Assented to, 15th December, 1810. DAVID B. MITCHELL, Governob. AN ACT (No. 548.) For the relief of John M*Leod and the heirs of Micajah Little, deceased. Sec. 1. Jj^|£ -j. enncf€(i by the Senate and House of Rqjresentatives in General As- sheriff may ■Semhly met, and it is hereby enacted by the auth./vty of tin samt, Thai -bo siirs-;iT of <»u acre- M'iikes county be, and he is hereby auihorized and required, to sell any land in the 652 LAWS OF GEORGIA, (Ne. 548.) county of Wilkes, which may be found subject to an execution or executions, issued from the treasury of this State, or by the county of Wilkes, for taxes due this State, or the county of Wilkes, against John Darracott, upon a twelve months credit, according to law regulating sheriffs sales in this State, taking notes with good and sufficient secu- rity under a magistrate's jurisdiction, from the purchaser or purchasers, made payable to such sheriff, twelve months after sueh sale, for the use of this State. Monies how to be disposed Of. Sec. % And he it further enacted, That it shall be the duty of such sheriff, immc* diatelj after such notes so to be taken as aforesaid may become due, to proceed to ihe collection of the same ill the most summary and expeditious manner, and t.ay over the same w hen collected, to the treasurer of this State, or the county of Wilkes, as .may be directed by the proper authority. Sec. 3. And he it further enacted hy the authority aforesaid, That the justices of when to be the inferior court for the county of Wilkes, or a majority of them, are hereby required stayed by the inferior court. to stay all proceedings against the said John M'Leod and the administrators of JVJi» ajah Little, deceased, or his heirs or representatives, as security f »r the said John Darra -ott as tax collector for said county for the. county tax, until the 12tU day of December, eighteen hundred and twelve. Sec. 4. And he it f urther enacted, That the treasurer of this State be, and he is When by the hereby required to stay all proceedings against John M*Leod and ihe said Mit ajah Little, thTstate. °f dec-cased, as security of John Darracott, tax collector for the county of Wilkes, until the twelfth day of December, eighteen hundred and twelve. Provided nevertheless, that if it should so happen that the said land should be sold by virtue of any execution or Ih-ovifi® executions during »he indulgence herein given ihe said John M'Leod and the administra- tors of Micajah Little, deceased, that then and in that case it shall be the duty of the trea* surer of this State, or the j ustices of the inferior court of the county of Wilkes, or a majori- ty of them, to claim the proceeds of such sale in the way prescribed by law in like cases* Sec. 5. And he it further enacted, That it shall be the duty of the treasurer of Measure**"the ®tate *° ma^e necessary and legal exertions to collect any money which may be due Und owing this State hy John Darracott, as tax collector for the county of Wilkes. BENJAMIN WIIITAKER, Speaker of the House of Representatives» JARED IRWIN, President of the Senate* Executive Department, Georgia, . ^Assented to, 15th December, 1810. DAVID B. MITCHELL, Goyebnok. PASSED IN THE YEAR 1810, 653 AN ACT (No. M) To repeal and amend some parts of an act for the better regulation of tavern and shop- keepers,^ and more effectually to prevent their trading with slaves, passed at Milledge- ville, on the 2c2d December, 1808. Sec. 1* jj $]£ ^ enacted by the Senate and House of Representatives of the State of Geor- gia, in General Assembly met, That from and after the passing of this act, so much of the repealed!" ^ above recited act as relates to the oath on receiving licenses, be, and the same is hereby repealed. Sec. 2. And be it further enacted, That if any retailer of spiritous liquors, or iany other persous shall sell to any slave any spiritous liquors or mixtures thereof, or sliall purchase from him, her or them any commodities without the license or consent of the owner, or such other persons who may have the care or government of such slaves, Penally for selling1 spirit- every person «o offending, upon conviction thereof, in any of the superior courts in this ous liquors to * slave*. State, "shall be fined in a sum not more than three hundred nor less than one hundred dollars, and that all fines and forfeitures imposed under this act shall be paid over, one moiety thereof to the prosecutor, and the other mriety into the hands of the justices of the inferior court, where such fine shall be imposed, to be by them applied to county purposes f and that all laws or parts of laws militating against this law, are hereby re- pealed. BENJAFux WHITAKt R, Speaker of the House of Representatives JARED IRWIN, President of the Senate. Executive Department, Georgia, Assented to, 13th December, 1810. DAYID B. MITCHELL, GOVERNOR. AN ACT . (No. 550.) To amend an act passed at MilledgeviUe on the thirteenth day of December, in the year of our Lord one thousand eight hundred and nine, for regulating and keeping in repair the public roads, causeways and bridges in the counties of Rurke, Jefferson and Richmond. Sec. 1. tr*jj ^ enacf€^ iy Senate and House of Representatives of the State of Georgia, and by the authority of the same, That, the justices of the inferior courts for Inferjor C0UJI^ the counties of Burke, Richmond and Jefferson, at any time when convened in their res- may appoint n i ti . . . • « commission- pective counties^ or a jnajority ot theui; shall haye power to appoint commissioners of ers, fcAWS OF GEORGIA, (No. 550.) the public roads, causeways* and bridges within their respective counties, in (he way and manner as pointed out by the above mentioned act, and likewise to fill all vacancies which may happen in said appointments by death, resignation or otherwise, and the said com- Their duty. missioners so appointed* or a majority of them, shall convene at (he usual muster ground of the captain's district to which they respectively belong, once in each veav, for (he purpose of apportioning the hands liable to work on the public roads, causeways, and bridges, within or bordering on the same, as directed by the said ac(; and also to appoint overseers and warners conformable thereto; and they or a majority of them, shall like- ■wise meet at the said muster ground, as often as they may deem it necessary for (he pur- pose of filling all vacancies which may be occasioned by the death, resignation or removal of any of the overseers or warners belonging to any part or section of the public roads within such district: and no commissioners of the public roads, appointed under the act aforesaid, shall in any ease exercise authority as such, except within the district foe which he is appointed, except in roads dividing of districts. Sec. 2. And be it further enacted, That if the overseers and warners appointed by Overseers cornn,'ssioiiers °f public roads, causeways and bridges, under the act aforesaid, tlleir duty. do not within two days after being notified of their respective appointments, make their resignation to the commissioners, or some one of them Tiy whom they were appointed, such overseer or warner shall be considered as having accepted of such appoimment, and shall be liable to all the pains and penalties imposed by Che said act, for any neglect or omission of duty; and all overseers and warners belonging ,to the public roads within the said counties, shall be subject to be tried for default or neglect of duty by the com- missioners of the public roads, causeways and bridges of the captain's district for which they are respectively appointed, in the same way and manner as is directed by the said act, for the trial of persons in default for non-performance of duty in respect to working 011 and keeping in repair the public roads, causeways and bridges within the same. Sec. 3. And be it further enacted by the authority aforesaid, That all returns of the number of slaves liable to work on the public roads within the said counties, shall b© given in to the district commissioners respectively, or some one of them, when required, on the oath of the person owning or having the charge or management of such slave or slaves ; and for each refusal or neglect so to do, or for each and every erroneous or false return, he, she or they so offending shall be subject to a fine of five dollars in each and every case. Sec. 4. And be it further enacted, That such part or parts of the above mentioned act as is contrary to the directions of this act be and the same is hereby repealed. BENJAMIN WHITAKER, Speaker of the House of Representatives J All EI) IRWIN, President of the Senate* Executive Department, Georgia, Assented to, 15th December, 1810. David b. mitciiell, governor. Return of slaves to be made. Repealing tlause. PASSED IN THE YEAR 1810. 635 AN ACT (No. 551.) For regulating and governing freey persons of color coming into this State or residing therein. Sec. 1. j£ ena^e^ foj yie sen(lfe and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the first day of March next, all free persons of color (native Indians &c. excepted) who shall arrive in this state, shall within ten days after his or her arrival therein, except in a county in which there is a sea-port town, where two days shall be allowed and no more, register his or her name with the clerk of the superior court of the county in which he or she shall have arrived, in a book to be kept by the clerk for that purpose, and shall at the said time declare to the said clerk, his or her occupation or calling, the place of his or her residence and birth, the place from whence he or she shall last have come, the object for which he or she shall have come into this state, and the name of the person or persons in whose employment or service he or she may be en- gaged at the time of his or her arrival, all which shall be registered in the aforesaid book by the said clerk. Shall register their name, neglect. Sec. 2. And be it further enacted by the authority aforesaid, That if any free per- sons of color coming into this State after the first day of March aforesaid, shall neglect Penalty for or refuse to comply wit h the aforesaid provisions of this act, (native Indians excepted) he or she so neglecting or refusing, shall forfeit and pay for every such neglect or refusal, the sum of thirty dollars, to be collected before any justice of the peace of the county, on the, information of one or more competent1 and credible witness which sum when col- lected shall be paid, one half to the informer, and the balance to the justices of the in- ferior court, for county purposes. Sec. 3. And be it further enacted by the authority aforesaid, That when informa- tion shall be given lo any justice of the peace, stating that a free person of color had come into this State, and had not complied with the aforesaid provisions of this act; it q^ent shall be the duty of such justice to issue his warrant, and cause such free person of color to be apprehended and brought before him, and shall thereupon investigate the case in a sumnuuy manner. And upon conviction of the charge, the fine aforesaid shall be imposed, and if not immediately paid, together with the costs of prosecution, the said jusiice shall cause such free person of color to be committed to the common jail of the county, there to remain without bail or raainprize, until the said fine and costs be paid*, or until he or she be otherwise discharged, according to the provisions of this act, Justice to try the delin- ' Secw4. And be it further enacted by the authority, aforesaid. That if any free per- To he hired son of color'shall be committed to prison under the authority of the foregoing provisions °!onth9terCo!^ ©f this act, and shall remain in confinement for the space of six months without having fiwroent. 655 LAWS OF GEORGIA* (No. 551.) paid the said fine and costs, and the costs of his or her imprisonment, it shall be lawful for the said jailor, -and he is hereby required, to hire out at public outcrv, the said free person of color for such length of time as shall yield a sum of money sufficient to extin- guish and discharge the said fine and costs, with the costs of imprisonment and costs of Proviso. hire; provided, that thirty days previous notice of the time and place of sale be given in one of the gazettes of this state, and at the court-house of the county. sec. 5. And be it further enacted by the authority aforesaid, That when any free Taxes lo be person of color shall have arrived in this stale, and shall have registered his name in paul* manner aforesaid, he or she at the time of such registry shall pay to the clerk before whom the same is made, a tax of twenty dollars, together with the sum of one dollar as a compensation to the said $erk for making such registry, which tax shall be forthwith Proviso.. paid into the hands of the tax collector for the use of the state—Provided nevertheless, that the said tax shall not he exacted or received from any free person of color w ho shall be a resident or inhabitant of this state, who shall have gone abroad wit Iran interitiou of re^ turning; provided that such term of absence shall not have exceeded die space of six months. Sec. 6. And be it further enacted by the authority aforesaid, That if any free person of color arriving in this state and complying with the provisions contained in the refbs"ngtypay- secl'on act> shall refuse or neglect to pay to the said clerk the tax aforesaid, ment. he shall be proceeded against in the manner pointed out by the third and fourth provisions of this act, due proof being first made of such failure or neglect. Sec. 7. And be it further enacted by the authority aforesaid, That the judge of the May appoint superior or the justices of the inferior courts of the respective counties of this state, and how. ' shall upon the written application of any free negro or person of color, made at any re- gular term of the said courts, praying that a white person resident of the county in which such application may he made, and in which such free person of color shall reside, may he appointed his or her guardian; and upon the consent in writing of such guardian, ap- point such white person the guardian of such free person of color. And the said guar- dian of such free negro or person of color, shall be and is hereby vested with all the powers and authority of guardians, for the management of the persons aud estates of infants; and all suits necessary to he brought for or against such free person of color, Proviso- *a name su°h guardian, in his capacity of guardian; Provided nevertheless, that the property of suduet the same from the amount of bis fees, to be placed to the ciedit of the tax rc contained, shall within three months after the first da^ of January ne.V, execute his bonds and give good and sufficient personal security, and a morf ^age on the said land, which slu 11 be deposited in the treasury office of this State, And should the said George Baillie fail so to do, that his excellency the governor is hereby required to order that the bonds of Pe ter II. Morell, given on aceount of the purchase aforesaid, shall be placed in the hands of the solicitor general pf the eastern circuit for collection without delay: Provided nevertheless, That if the said Geopgc has paid any monies heretofore on aceount of the said tract, tb» sum or sums so paid, shall be deducted nut of the first or second* instalment. Approved of by the governor the 10th day of December, 1807. RESOLVED, That the commissioners appointed to ascertain with the aid of artists, thc^ 35th •'degree of north latitude, between this State and North Carolina, shall receive as a compensation, for their services, n6t exceeding three dollars per Jay while on actual duty, and for every twenty miles in going to and returning from the point where their object shall he accomplished. Resolved, That his excellency the governor, together with the commissioners aforesaid, are hereby authorized to procure two artists, who shall be well qualified for the purpose contemplated. , Approved of by the governor the 10th day of* December, 1807. RESOLVED, That the inferior courts of the respective counties lying between the Ocnaulgee and Oconee rivers, (viz^) Bandolph, Morgan, Putnam, Jones, "Wilkinson, RESOLUTIONS, 685 Laurens and Telfair, be, and they are hereby appointed commissioners for their respee- live counties, whose duty it shall he, to fix on a site for the public buildings of each county, which several sites shall be as near the geographical centre as conveniences will admit of. And be it further resolved, That the said justices, after having fixed upon the place where the several cou**t houses and jails ought to be built, shall be, and they are hereby authorized to purchase, if the same cannot be procured by donation, four acres of land in each county, for the purposes aforesaid; and when the lands are so obtained, it shall be the duty of the said justices, or a majority of them, to cause the lands so acquired to be laid off into lots, and after giving sixty days notice in the Augusta Chronicle, and at three of the most public places in the respective counties, to sell and dispose of the same at public auction, for the best price which can be had, on a credit of twelve months, the purchasers giving notes wiy the governor the 23d day of May, 1808# RESOLUTION:. 089 In Senate, 1st December, 1808. RESOLVED, That his Excellency the governor be requested to renew his application to the government of North-Carolina for an appointment of commissioners to meet such commissioners as have already been appointed on the part of the state of Georgia, to settle the existing differences between the two states, and in ease he does not receive an answer in the affirmative that the state of North-Carolina will co-operate in designating the 35th degree of north latitude by the first day of February next, that his Excellency Sake such measures to carry that object into effect as directed by a previous resolution.* Approved of by the governor, the 20th December, 1808. Resolutions which originated in the House of Representatives in the year 1809. RESOLVED, That the treasurer and comptroller-general do close the account of David B. Butler, tax collector of Richmond county for the year 1801, by passing to his credit the amount of George Sibbald's tax for that year. And that the tax collector of Richmond county for the year 1810, do proceed to collect the same and pay it over to the treasurer. And that his Excellency the Governor be requested to use the most immedi- ate and effectual means to recover the monies due by George Sibbald to this state siaee that time either by levying on his land and selling it or otherwise.! Approved of by the governor, 12th December, 1809. Resolutions which originated in the Senate, in the year 1809. RESOLVED, That Arthur Lott, sen. of Tattnall county, and Joseph Collins of Montgomery county be, and they are hereby appointed commissioners to mark the divid- ing lines between said counties.! And he it further resolved, that the inferior courts of said counties are hereby bound to pay to theii respective commissioners a reasonable compensation for their services, when performed. Approved of by the governor, the 2d December, 1809. THE committee on the state of the republic to whom was referred the petition of Charles Smith, are of opinion that his petition deserves the attention of the Legislature, and re- commend the following resolution. Resolved hy the Senate and House of Representatives in General Assembly met, and by the authority of the same, that in case of any complaint being had hy any indi- vidual in this state touching the inaccuracy of any survey or surveys of land as stated to have been made by either of the surveyors under and by virtue of the several lottery * See resolution of tlie year 1810 upon this subject. f See resolution of 1810 upon the subject of the last member of this resolution, t See act of 1810, No. 616, upon this sutyect. O « 630 RESOLUTIONS. laws of tlie late ceded territories of this state, suck complainant or corAplamants shall havculue recourse to the bond or bonds of the surveyor of the district as the case may require, for redress of grievances in the superior court. And he it further resolved, that his Excellency the Governor be, and he is hereby required to cause a certified copy of the surveyors bond (on application) to be given t7 said complainant, his agent or attorney, which copy when duly certified as aforesaid uti- der the privy seal of his Excellency the Governor for the time being, shall be deem o h held and taken as good and sufficient in the place ©f these observations were contrary to all that had been made before them. Because they were directly, against the opinion of persons best informed upon the subject, neighbouring states—because they were not confided in by the citizens claimed of Georgia, resident in the country. And above all because the observations made were themselves so varient (where a variation to such an extent) as to demonstrate that there was an error in the men employ- ed or the instruments used. The Legislature of Georgia from some or all of these reasons refused her assent to the boundaries that would have been fixed by these observations, and again requested North-Carolina to appoint commissioners, that the doubts on the subject might be remov- ed, that if Georgia had no just claim to a territory for which by her convention with the United States, she had allowed a valuable compensation, she might have satisfactory and conclusive testimony. This application though reiterated has been rqjeeted 5 this requisition though proposed by the government of Georgia, to a wearisome length has met with nothing but denial from her sister state, as the documents annexed to this memorial (and marked No. 2) will confirm, the Legislature of Georgia now see but one mode of calming the irritations that have arisen between the two states on this subject, they therefore apply to the go- vernment of the United States to appoint a proper person to run the dividing line between the two states, through its whole extent, either at the expense of the union, as Georgia believes she lias a right to demand, or at the expense of the two states, if Congress should go insist. Be it therefore resolved by the Senate and House of Eeprcsentatives of the State of Geor- gia, in General assembly met, and by the authority of the same, That our senators and representatives in the Congress of the United States press upon the attention of the ge-„ neral government the subject matter of the preceding memorial. Jlnd be it further resolved, that his Excellency the Governor transmit to our delega- tion in Congress, the preceding memorial and resolution. Approved of by the governor, the 15th of December, 4809. The foundation of the national government being laid in the people—The intimate connexion between the people in a republican government and their public functionaries the deep and solemn affection of a people for the government of their choiee—the proud independence of freemen disdaining a quiet submission to repeated injuries—the long con- tiaued outrages and insults which have characterized the conduct of the British cabinet towards our country, urge tbe Legislature of Georgia, at this momentous crisis, to an enunciation of their sentiments. While with an eye of prudent suspicion we have marked the rapid strides of that im- ^erieus government towards the despotism of the ocean, we could not but recognize the RESOLUTIONS. pointed jealousy of her orders in council, which have with undeviating constancy levelled their shafts at the infant, but widely expanded commerce of America, The Legislature had at one time sympathized, in the fond hope of their brethren at large, in the Union, that a character of virtue and integrity sanctioned by the manifesta- lions of a peace loving community, would have entitled them to reciprocal moderation and justice from the governments of the old world: but the steady determination evinced by the two great belligerents of Europe to a continuation of their encroachments, andunre- lenting adherence to their violations of the universally received principles of national law, had served entirely to eradicate the fond hope that a strong and virtuous neutrality would he adequate to the maintainance of our rights upon the ocean | and hence resulted throughout the state of Georgia that animated approbation of the principles of an em- bargo, which they deemed best calculated to restore the proud despots of Europe to a sense of justice and of right: but while indulging in the pleasing expectations that an effort so desirable was about to be produced—while reposing in the grateful retrospection of the virtuous and patriotic policy which had dignified the last administration, and con° templating equally honorable conduct in the present—.we have been roused from a confi- dence so magnanimous to the recognition of an insult offered to the heads ©f department in our government, in whose hands are intrusted all negociatioas with foreign powers— and feeling as we do that an insult to officers so high, in whom rests a responsibility so great, while in the decent, honorable, rightful and dignified performance of duties incum- bent upon them, through the insolence of a foreign minister, is an insult to the nation at. large—and deeply impressed with the importance of supporting the Executive in all ac- lions sanctioned by justice, where the rights and dignity of our national government is involved. Be it therefore resslved by the Senate and Mouse of Representatives of the State of Gcor- gia, in General Assembly met, That we conceive the conduct of Francis James Jackson,, late resident minister for the court of Saint James, to have been highly insulting and cen- surableand that with one voice we approve the spirited and decisive manner of the Ex-- ecutive of the United States, in refusing further to negociate with the British govern- noent through the medium of that minister. And be it further resolved, That we, as citizens of Georgia, and members of ths Union, will ever be found in willing readiness to assert the rights and support the dignity of our country, whenever called upon by the proper authority of ©ur national republic. And be it further resolved, That his Excellency the Governor be requested to transmit these our resolutions to our senators in Congress, to he by them presented to the president of the United States. Approved of by the governor, the 15th day of December, 1S05. Resolutions which originated in the Mouse of Representatives in 1810. RESOLVED, That Messrs..Telfair, Ware, Hill, Iyerson anil J. Jackson, be a com- mittee on tbe part of this House, to join such other committee as may be appointed by RESOLUTIONS. the Senate, to systematize, digest, and so far as expedient, to ameliorate the criminal code of this State, and that they report what progress they shall have made previous to the adjournment of this House.. And be it further resolved, That the aforesaid committee he directed to hold one meet- ing after the rising of the present session of the legislature, and before the sitting of the next, and that they report through the governor to the next session of the legislature, such system as shall be adopted by them. In Senate, 9lh November, 1810. Read and concurred 5 and added on the part of Senate, Messrs. Davis, Walker, Spal- ' ding and Barnet. Approved, 16th November, 1810. HE SOLVED, That the sale of lot No. 10, Hicks Tylhing, Percival Ward, in the eity of Savannah, now advertized and to take place on Monday next, be, and the same is hereby postponed until the meeting of the next legislature> and the commissioners of confiscated estates are hereby directed to proceed accordingly. . And be it further resolved, That his excellency the governor he, and he is hereby re- quested to take the necessary steps to have the present possessor of the said lot evicted therefrom, and to establish the title of the State thereto, provided, she has such title. Approved, 11th December, 1810. HESOLVED, That the tax.collectors of the counties of Montgomery, Tattnall, Bui- loch and Bryan, be, and they are hereby directed to sell so much of the land held by George Sibbald, deeeased, as will he sufficient to pay the taxes due by him to the State, and if no purchaser can be found, the governor is hereby authorized to purchase the same in behalf of the State, provided he does not exceed the sum due the Stale for- taxes by the. said Sibbald. Approved, 11th December, 1810. HESOLVED, That his excellency the governor be, and he is hereby authorized and required to draw upon the contingent fund, in favor of Messrs. Devereux and Thweatt for the sum of one hundred and ninety six dollars and fifty nine cents, being a balance due them for a number of tents furnished for the use of the State, pursuant to an act- of the legislature, passed in the year ISdS,. Approved, 11th December, 1810. HESOLVED, That the tax collector of the county of MTntosh be, and he thereby authorized to receipt in full to the honorable Pierce Butler, or his agent in this country, - for his taxes, due in the county of MHntosh for the year eighteen hundred and nine, on the said tax collector receiving from Mr. Butler or his agent, the full amount of such tax, with- out enforcing the law for double taxing such as may omit to make their returns in due time* Approved, 11th December, 1810*. RESOLUTIONS. HE SOLVED) That the treasurer of this State be authorized to receive (lie bills of the Bank of Augusta and the Planter's Bank of the State of Georgia, inpa/ment of taxes. Approved, 15th December, 1810. HESOLVED) That his excellency the governor be authorized and required to publish the outlines of an act passed the present session of the legislature, providing for the election of receiver and collector of taxes by the people in each county of this State, on the first Monday in January next, and annually thereafter, in such public prints as he may deem best calculated to diffuse the most certain and general information. Approved, 15th December, 1810. "WHEREAS it has been found from experience, that the seats with which the mem- hers of the General Assembly have been and now are accommodated, are extremely in- convenient, and tend greatly to protract legislative proceedings. And whereas it is also found, that the nosse arising from the walking of members hat a tendency to embarrass and confuse the business of legislation; for remedy whereof, Be it resolved, That the commissioners of Miiledgeville be authorized and required to cause to be made for the State house, half circular seats or chairs, suitable and conveni- ent for the accommodation of the members of the General assembly, which shall not exceed one hundred and fifty in the Representative chamber, and fifty in the Senate chamber; one hundred and twenty of which in the Representative chamber and forty in the Senate chamber, shall have attached thereto a writing desk, or table, with a drawer, lock and key, which said seats shall be arranged in such order as to the said commissi- oners shall appear most convenient. And be it further resolved, That his excellency the governor be authorized and re- quested, to cause to be purchased suitable carpets for the floors in the Senate and Repre- sentative chambers, and to draw upon the contingent fund for the payment of said work and carpets. Approved, 15th December, 1810. THE committee on the state of the republic, to whom was referred that part of the communication of his excellency the governor, relative to Walton county, REPORT, That your committee are of opinion, and it must be evident to every re- fleeting mind, that for sister States, whose interests are so nearly allied, to be at vari- ancc, is an evil of no inconsiderable magnitude, especially when the difference would ad- mit of so easy and honorable adjustment, as that which exists between North-Carolina and Georgia. They deem it honorable and righteous, dignified and just, for every State,in order to preserve the harmony of the Union, ever to offer such openings of j.ccom- inodation as reason and justice may require, and wrest from posterity any question which may eventuate in future dissentions and animosities. They deem it a duty which they •owe to the inhabitants of tbe disputed territory, know n as Walton county, to bring te RESOLUTIONS. 695 as speedy an issue as possible, a question which so nearly interests them. IIow long it may he pending before Congress, how long this people will be deprived of that dearest of privileges, the citizenship of an indisputed land, your committee cannot divine, unless such steps be taken as will clearly enable each State to ascertain the true foundation of its claims, and to afiord whichever may have misapprehended them,, a decent and honor- able opportunity of receding. They therefore recommend the following resolution: RESOLVED, That the governor employ Mr. Ellicott to ascertain the thirty fifth de- gree of north latitude; and in case North Carolina will not associate some bther artist on her part, that he be authorized to instruct the said artist to ascertain it, for the sat- isfaetion of the State of Georgia. •2ml be it further resolved, That his excellency the governor be, and he is hereby authorized and requested, to pay the artist thus employed out of the contingent fund. And be it further resolved, That his excellency the governor be requested to commu- nicate to the executive of North Carolina, the wishes and reasons of the State of Georgia, for a speedy and final adjustment of the respective claims of each State, to the territory known in this State as Walton county; and that they have on their part employed Mr. Ellicott as an artist for this purpose. And in case of a coincidence of the State of North Carolina in this resolution, that then, the observation taken shall he final and conclusive Approved, 15th December, 1810. * Resolutions which originated in the Senate in 1810. THE committee to whom was referred the petition of Paul Hamilton Wilkins, beg leave to report the following resolution : Re it resolved by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same, That the treasurer of the state be, and he is hereby directed to deliver to the commissioners of confiscated sales, a. funded certificate, deposited by them in the treasury of the state for safe keeping, and receipted for by Edwin Mounger to the said Paul Hamilton Wilkins, that the said com- missioners may finally settle with the said Paul Hamilton Wilkins, in terms of their ori- ginal assumpsit. Approved, 22d November, 1810. Report of the joint committee to contract for the printing of the latos and journals of' the present session. YOUR committee report, that they have received proposals from several print- ers, and upon opening and examining the same, are.of opinion, that the proposals made by Mr. Seaton Grantland are moderate and reasonable, and something less than the work was executed for at (lie last session, viz. two and one third cents per sheet for the laws and resolutions, and two and three quarter cents per sheet for the journals. They therefore recommend the following resolutions : Resolved, That Seaton Grantland have the printing of the laws and concurred resolu- iions of the present Legislature, at the rate of two and one third cents per sheet of six* HESOLTTCTOM. teen pages octavo, to be delivered to the Executive by the first day of February next; and also the printing of the journals of both branches of the Legislature at and after the rate of two cents and three quarters per sheet of eight pages quarto, to be delivered to the Executive by the first day of March next; the work to he executed iu the same man- ner and of*as good materials as it was the last year. The said Seaton Grantlaudto give bond and good security to bis Excellency the Governor for the due performance of the eontraet, in the penal sum of three thousand dollars. Mesolved, that fifteen hundred copies of the laws and concurred resolutions (except such resolutions as relate to elections) of the present session, and twelve hundred jour- nals of each House, be printed and distributed as heretofore* Approved, 2ith November, 1810. The committee to wliom was referred the petition of Elizabeth Jones, . Report, that they examined the vouchers accompanying the same, wherein it appears, that George Walton, in the year one thousand seven hundred and eightythree, purchased of the commissioners of confiscated property, a certain tract of land, containing one hundred acres, on Savannah river, at the month of Redd's mill creek, near the town of Augusta, (now in the county of Columbia) which said tract of land was sold as the property of Laeklan M< Gil very; And whereas the said George Walton, on the ninth day of March one thousand seven hundred and eighty seven, did transfer his right to James Stallings, who did on the se- cond day of January, one thousand seven hundred and ninety two, transfer his right to Thomas Jones, and the said George Walton did draw an order in favour of the said Tho- mas Jones, on the commissioners of confiscated property, requiring them to convey the said tract of land to the said Thomas Jones, who is since dead. Jlnd whereas also, it appears that James Stallings has paid and discharged the pur- chase money for the said land, and it appears that no deed of conveyance has as yet been made, Recommend the following resolution; Mesolved, by the Senate and House of Mepresentatives of the State of Georgia, in General Assembhj met, that the present commissioners of confiscated property, or a ma- jority of them, do make and execute titles for said land, to the heirs of Thomas Jones, deceased, to wit; Susannah, Thomas, Penelope, Joseph, Elizabeth, Mary, Barbary, Tabitha, and Samuel Jones, the children of said Jones, provided that nothing herein contained shall be so construed as to bar Elizabeth'Jones, the widow of the said Thomas Jones, from her right of dower to the said tract of land—'Jlnd provided also, that nothing herein contained shall be construed to impair or injure the claim of any person or persons having or pretending to have a claim to the said tract of land, further than such claim would have been affected if the titles had been made by the. commissioners of confiscated estates at the time of the original s&le* Approved, 3ith November, 1810. KESOUmONS. The select committee to whom was referred the petition of Zuchariah Sims, praying a loan of four thousand dollars, to enable him to complete the establishment of a paper manufactory in Greene county in this state, are of opinion, that the prayer of the peti- doner is reasonable and ought to be granted. Tour committee have received information from persons of the most respectable stand- ing in society for integrity and capacity to judge, that Mr. Sims's expenditures have been great to accomplish the said object, and his works are in considerable forwardness, and that with the aid of the solicited loan, he will in a very few months, have his said works in complete operation, to the great benefit of the state. Your committee therefore recommend that the prayer of the petitioner be granted, and that the sum of three thousand dollars be loaned to him, upon his giving bond with two securities, to b@ approved of by his Excellency the Governor, for the return of the money into the treasury of this state, within the term of three years from the time of Ms receiving the same, and that the said payment be further secured by a mortgage on the real estate of the said Zachariah Sims, to the full value and amount of the said loan, to be judged of by the justices of the inferior court of the county of Greene, or any three of them. llesolvcd, that there shall be appropriated to the said Zachariah Sims, out of any mo- sies unappropriated, the sum of three thousand dollars, to enable him to carry into operation a paper manufactory, upon his giving bond and sufficient security to his Ex- cellency the Governor for the return of,said money with interest, into the treasury of this state, at the expiration of three years next after the said Zachariah Sims shall re- eeive the same. Approved, 10th December, 1810. The committee on finance beg leave to report, On the petition of Charles Jones, your committee recommend the following resolu- tion : Resolved, That the tax collector of Richmond county be, arid he is hereby authorized and required to allow the said Charles Jones credit, in a settlement of his taxes for the year 1808, the sum charged improperly for the tax on a billiard table, as stated in the said petition. Approved, 13th December, 1810. The committee on the state of the republic to whom was confided the duty of report- ing upon that part of his Excellency the Governor's communication relative to the survey of John Coffee, and that of the re-survey of Mr. Sturges, of the 8th dis-trfct of Wil- kinson couilty, Report, that having maturely deliberated on the subject matter ©f difference on the two surveys of the said district, are of opinion, that from the satisfactory nature and (he respectability of the testimony adduced U> the committee, they arc unanimously of opin- P it 69S RESOLUTIONS. ion, that the inundation of the waters on the low grounds, the dead rivers,* lakes and lagoons upon the Ocmulgee river, has been the eutire cause of producing the difference in the survey, We feel ourselves authorized to draw this conclusion specially from the testimony of Mr. Uat|in, who declares upon oath, that he acted as marker for major Coffee in the survey of that district, and was frequently Necessitated to wade to his breast in water, and at times to swint, in order as near as possible to ascertain the margin of the river, and in many instances they were at a loss and indeed found it impracticable assuredly to identify the same; this also appears from the report of Mr. Stewart, who re-surveyed the premises 5 a man who we presume^ not liable to suspicion of collusion or impropriety *t as also from the testimony of Mr/Harris, that when Mr. Sturges made his re-survey of the said district, the river was uncommonly low> so that the dead river or cut-offs in the bends of the said river, were either dry or did not run. it follows of course, that the margin exhibited by Mr. Sturges and that exhibited by major Coffee's survey, must be different, and that in many instances arable land is found between their respective lines. The committee are therefore decidedly of opinion, that no degree of blame can or ought to he attached to major Coffee; the rectitude of his conduct in making the surveys afore- said is indisputable, and his reputation in that respect entirely unimpeachable. We also state with pleasure, that we have entire confidence in the aceuracy of the- re-survey of said district, made by Mr. Sturges, and with respect to the surplus land discovered by the same, recommend the following resolution, to m it; Resolved* that the commissioners to be appointed to sell the fractions of the 7th district, in Twiggs county, be directed by law to sell sixteen hundred and fourteen acres of land,- as discovered in the eighth district of Wilkinson county, by re-survey of Daniel Sturges, esquire. Approved, 15th December, ISith ———r- The joint committee appointed to call 09 the state commissioners for the town of* Mille^gevillc, for information relative to the disposition of the money appropriated by this state for building a state-house, and to obtain information why . the state-house has- not been completed agreeable to contract—. The committee beg leave to report the result of their enquiry, to wit $ that they have received information from the state commissioners, that they have paid over to. the un- dertakers for building the state-house all -the money which was confided to their immedi- ate management; but they state, that the last appropriation made by the state for build- iag the state-house, was incorporated in "the appropriation law, in favor of Scott and Thomas5-therefore placed beyond their control or management. The undertakers for building the state-house, informed the committee, they have been prevented from com- plcting the state-house, in consequence of the indisposition of their workmen, and several ef them have been called from them contrary to their approbation; therefore, they beg of the state an indulgence of ninety days,, at the expiration of which time they pledge them* selves the Mate-house shall be completed. RESOLUTIONS* 699 The committee recommend the following resolution 5 Resolved, that the state commissioners for the town of Milledgeville, be authorized and required to place or cause to be placed in tlip hands of the proper law officer for im- mediate suit, the bonds of the undertakers for building the state-house, provided, the said undertakers do not finish the state-house in a complete manner witbjn ninety'days from this date; and that the said commissioners (lo appoint fit and proper persons to yalie the state-house, and report the result of the valuation to the next Legislature. Approved, 15th December, 1810. The committee to whom was referred1 the memorial of John Hills, on the subject of a survey of the coasts of the state of Georgia, report, that from alj the information they can proeure upon the subject, they are impressed with the opinion, that the original drafts, proposed to be surrendered to the state of Georgia by Mr. Hills, were made by Hopkins, M'Lane & Co. and that it would be unjust in the extreme to make any arrange- inent with Mr. Hills, until assured that the survivor {to wit, major Hopkins) had trans- ferred his claim to Mr. Hills. Your committee therefore recommend the following resolution ; Re it resolved by the Senate and House of Representatives of the 'State of Georgia, in General Assembly met, and by the authdrity of the same, That his Excellency the Governor be, and he is hereby required to ascertain from major Hopkins, whether the drafts tendered by Mr. Hills are his original surveys, and if so, whether he has transfer- red the same to Mr. Hills or not 1 and that his Excellency be requested to report to the next Legislature the result of the said enquiry 5 so that if necessary, provision may be made for the carrying fully into effect the very desirable object. Approved, 15th December, 1810. Resolved, by the Senate and House of Representatives of the State of Georgia, in Gene- ral Assembly met, that all the confiscated property hereafter advertized or to he adver- lized by the commissioners of confiscated estates, situate in the Eastern district of this state, shall bq sold at the city of Savannah j and all property of the same description, situate in the upper district, shall be sold at Augusta or Milledgeville, as a majority of the commissioners shall deem most expedient for the interest of this state; provided, that notice be given of such sales, agreeably to the laws now in force regulating such Sales.-- And that there be paid by the purchaser or purchasers at confiscated sales, (except for academies) one and an half per cent in cash, towards the resurveying and defraying the expense of such sales. Approved, 15th Deeember, 1810. The committee on the state of the republic report on the petition of Sarah Oliver, the following resolution; He it resolved, by the Senate and House of Representatives, in General Assembly met9 md by the authority of the same, That the attorney or Solicitor general and sheriff, or RESOLUTIONS. other officers, be directed to stay all further proceedings against the estate of .Tames XL Oliver, deceased, on account of the debt due by said estate to this state, for the term of three years from the passing of this resolution, upon her paying the interest of the same, and giving satisfactory security to his Excellency the Governor, to secure the payment of the balance at the expiration of said term. Approved, 15th December, 1810. The committee to whom was referred the eommunieatkra of the commissioners of con- iiscated property, Report, that they have had the amount of sales before them, and find they have sold to the amount of sixty-eight thousand four hundred and forty-four dollars, and have closed their sales. Tour committee therefore recommend the following resolution : Resolved, that his Excellency the Governor be, and he is hereby requested to ascertain the amount of commissions due the commissioners of confiscated estates for their servi- ces, and that he may direct the treasurer to credit the same on their respective bonds due this state for the amount thereof. Approved, 15th December, 1810. Upon the petition of Ilugh McDonald, your committee are of opinion, that the prayer of the petitioner is just and ought to be granted, and recommend the following resolution: Resolved, that the comptroller-general be authorized to issue a dnplieate bounty land warrant, No. 576, for 800 acres, in the name of Oliver Rock, which was renewed the SQth of. November, 1801, upon the said Hugh M'Donald giving bond with security to his Excellency the Governor in the sum of eight hundred dollars, conditioned t© indemnify the state againt any loss which hereafter may be sustained by reason of the said war- rant being formerly issued as aforesaid. Approved, 15th December, 1810. Resolved, That his Excellency the Governor he requested to draw upon the contingent fund, for a sum not exceeding one hundred dollars, in favor of the chairman of the joint committee, on the criminal code, for the purpose of providing paper and to pay the postage that may be necessary on the occasion. Approved, 15th December, 1810. Resolved, That his Excellency the Governor do pay out of the contingent fund, the sum of twenty-six dollars to Elijah Black si near, agreeable to a concurred resolution. Approved, 15th December, 1810, TREATY ' AT FORT TVILKIJVSON IN 1802. Preamble. THOMAS JEFFERSON, F&RSXBENT OF TKE UNITED STATES OF AMERICA. To all and singular to whom these presents shall come, GREETING: % HM ? Y HEREAS a certain treaty between the United States and the Creek Nation of Indians was concluded and signed near Fort Wilkinson on the Oconee river, on the six- teenth day of June last past, which treaty is as follows: «i treaty of limits between the United States of America and the Creek Nation of Indians. THOMAS JEFFERSON, President of the United States of America, by James Brig. Gen.Jas. Wilkinson, of the State of Maryland, brigadier general in the army of the United States; Jof ^en H-n? Benjamin Hawkins, of North Carolina, and Andrew Pickens, of South Carolina, com- kms, commis- missioners plenipotentiary of the United States on the one part, and the Kings, Chiefs, partnfthe\jt Head Men and Warriors of the Creek Nation, in council assembled, on the other part, nited State8- have entered into the following articles and conditions, viz :— Article 1. The Kings, Chiefs, Head Men and Warriors of the Creek Nation in behalf of the said Nation, do by these presents cede to the United States of America, all that tract and tracts of land, situate, lying and being within and between the following bounds, and the lines and limits of the extinguished claims of the said nation heretofore . Boundanr ascertained and established by treaty.—That is to say: beginning at the upper ex- described. tremity of the high shoals of the Appalackee river, the same being a brancli^of the Oeoneo river, and on the southern bank of the same ,f running thence a direct course to a *01 TREATY AT FORT WILKINSON IN 1802. noted ford of the south branch of Little river, called by the Indians Chaf-to-ehuc-co-hat 'chee; thence a direct line to the main branch of Commissioners creek, where the same is intersected by the path leading from the Rock landing tp the Ocmulgec Old Towns ; thenee a direct line to Palmetto creek* where the same is intersected by the Uchee path, leading frohi the Oconee to the Ocmulgee river ; thence down the middle waters of the said creek to the Ocouee river, and with the western bank of the same to its junction with the Ocmulgee river; thence across the Ocmulgee river to the south bank of the Alatamaha river, and down the satne at low watermark to the lower bank of Goose creek ; and from thence by a direct line to the founts on the margin of the Okefinokau swamp, raised and established by the commissioners of the United States and Spain, at the head of the St. Mary's river; thence down the middle waters of the said river to the point where the old line of demarcation strikes the same ; thence with the said old line to the Alatamaha river, and' up the same to Goose creek: and the said Kings, Chiefs, Head Men and Warriors, do relinquish and quit claim to the United States, all their right, title, interest and pretentions, in and to the tract and tracts of land within and between the bounds and limits aforesaid forever* w . Abticxe 2. The commissioners of the United States, for and in consideration of the United States k ' to pay to the foregoing concession on the part of the Creek nation, and in full satisfaction for the g3^ooonatl°n same, do hereby covenant and agree with the said "nation, in "behalf of the United States, thF term *of *he said States shall pay to the said nation, annually and every year, the sum of ten years. three thousand dollars, and one thousand dollars for the term of ten years, to the Chiefs >epa1d.G0°t0 who administer the government agreeably to a certificate under the-hands and seals of $10,000"in commissioners of the United States of this date: and also twenty fire thousand dol- goods & mer- ' J^ chandze, and lars in the manner and form following, viz-Ten thousand dollars in goods and mer- discountedbe ch&ndizc, the receipt of which is hereby acknowledged; teu thousand dollars to satisfy fkctory6 U S c^r*a*n debts due from Indians and white persons of the Creek country to the factory of $ 5,000 to sa- the United States; the said debts after the payment aforesaid, to become the right and pro- citizens of ti«f perty of the Creek nation, and to be recovered for their use in such way and manner as the property%ak> I*resident of the United States may think pro,per to direet; five thousand dollars to satisfy en by the indi- claims for property taken by individuals of the said nation from the Citizens of the United ■ans since, the , -e 1 • j, j treaty of Cole- States, subsequent to the treaty of (Joleram, w hich has been or may be claimed and es- ^Tw© Black- tablished agreeably to the provisions of the aet for regulating trade and intercourse with |mi'^h d° be Jbdiail tribes, and to preserve peace on the frontiers. And it is farther agreed that thembvtheU. the United States shall furnish to the said nation two fects of blacksmiths' tools, and men S. for 3 years. WOrk them, for the term of three years. Abticie 3. It is agreed by the contracting parties, that the garrison or garrisons be "s TbiLue^ which may be found necessary for the protection of the frontiers, shall he established cn the iiviian upon the land of the Indians, at such place or places as the President of the United President of States may think proper to direct, in the manner aHd on the terms established by tb* nie tr. states. trcaty ef Coigraiii, TREATY AT FORT WILKINSON IN 1802. T03 Article 4. The contracting parties to these presents do agree that this treaty shall When the become obligatory and of full effect, so soon as the same shall be ratified by thePresi. oome^binding1 dent of the United States of America, by and with the advice and consent of the Senate ^acting pS- thereof. ties. IN TESTIMONY WHEREOF, the commissioners plenipotentiary of the United States, the Kings, Chiefs, Head Men and "Warriors of the Creek Nation, have hereunto subscribed their names and affixed theft* seals at the camp of the commissioners of the United States, near Fort Wilkin- son, on the Oeonec river, this sixteenth day of June, in the year of our Lord, one thousand eight hundred and two, and of the Independence of the United States the twenty-sixth. JAMES WILKINSON, (L. S.) BENJAMIN HAWKINS, (L. S.) ANDREW PICKENS, (L. S.) EFAU X HAUJO, 1 TUSTUNNUGGEE X TIILUCCO, 2 HOPOIE X MICCO, 3 HOPOIE X O-LAII-TAU, TALE AS SEE X MICCO, TUSSEIKIA X MICCO, MICCO X THLUC-CO, TUSKENEIIAU X CHAPCO, CHOU-WACKE X LE-MICCO, TOOSCE X IIATCHE-M1CC O, HOPOIE X YAU1IOLO, IIOITIILEWAU X LE-MICCO, EFAU-HAUJO X OF COOLQOME, CUS-SE-TUII X. TUS-TUN-NUG-GEE, TAL-TIS-CXIAU X MICCO, YAUF-KEE X EMAUTLA HAUJO, COOSAUDEE X TUS-TUN-NUG-GEE, - NENEHOM X OH-TAU TUS-TUN-NUN-NUQ-GEE MICCO, • IS-FAU-NAU X TUS-TUN-NUG-GEE, EUFAULAU X TUS-TUN-NUG-GEE, TUSTUNNUE X HOITHLE POYUCH, IS-HOPEI X TUS-TUN-NUG-GEE, COWETUH X TUS-TUN-NUG-GEE, HOPOITI1LE X HAUJO, WOC-SEE HAUJO, A PROCLAMATION. tlience up (he Oconee to the present boundary at Tauloohatehee creek; thence up said creek and following the present boundary line to the first mentioned bounds at the high aceSiu-act sli0a*s oi' Appalachee, excepting and reserving (o the Creek Nation the title and posses- tin- .1 trading s;0n 0p a (raiit 0f land, five miles in length and three in breadth^ and bounded as foi- establishment or garrison. lows, viz : Beginning on the eastern shore of the Ocmulgee river, at a point three miles 011 a <1 straight line above the mouth of a creek called Oakchoncoolgau, which empties into the Ocmulgee, near the lower part of what is called the old Ocmulgee fields ; thence run- ning three miles eastwardly, on a course at right angles with the general course of the river for five miles below the point of beginning; thence from the end of the three miles, to run five miles parallel with the said course of the river 5 thence westwardly at right angles with the last mentioned line to the river | thence by the river to the first mentioned bounds. And it is.hereby agreed, that the President of the United States, for the time being, l ^h^use s*ia^ *iave a riS^ to establish and continue a military post, and a factory or trading ( f the reserve bouse on said reserved tract $ and to make such other use of the said tract as may be post, &c. as found convenient for the United States, as long as the government thereof shall think may Uiink ^ proper to continue the said military post or trading house. And it is also agreed on the convenient. pai,( 0f (jie oeek Nation, that the navigation and fishery of the Ocmulgee, from its Navigation 1 ° ° of the Oemul- junction with the Oconee to the mouth of the Uleefauhatchee, shall be free to the white foVhe^white Pe0P^e i provided they use no traps for taking fish; but nets and seines may be used,. people, provi- Y>hieh shall be drawn to the eastern shore only. ded they use no traps", &c. Article 2. It is hereby stipulated and agreed, on the part of the Creek Nation, Priviledge of ^at the government of the United States shall forever hereafter have a right to a horse a h°rsj path pa(b through the Creek country, from the Ocmulgee to the Mobile, in such direction as -he Ocmulgee shall, by the President of the United States be considered most convenient, and to c lear i?irou^h°bthe 0llt ^ie same> an<* *ay *°SS over eree^s : And the citizens of said States, shall at all «'reekcountry tjmes have a right to pass peaceably on said path, under such regulations and restrictions People of the oil «/ i u. s. to have as the government of the United States shall from time to time direct; and the Creek !>fG travelling Chiefs will have boats kept at the several rivers for the conveyance of men and horses, through the an(j {10USCS 0f entertainment established at suitable places on said path for the accommo- Creek country Indians to dation of travellers y and the respective ferriages and prices of entertainment for men conveying 01 and horses shall be regulated by the present agent, Col. Hawkins, or by his successor in the&r'i °®ce» or as *s usual among white people, vers, & houses Article 3. It is hereby stipulated and agreed on the part of the United States, as. uior.t, &c. * a full consideration for the land ceded by the Creek Nation in the first article, as well as by permission granted for a horse path through their country, and'the occupancy of S 12,000 to (be reserved tract at the old Ocmulgee fields, that there shall be paid annually to the Le?aor goods Creek Nation by the United States, for the term of eight years, twelve thousand dollars annually,'for *n raoney 0I> goods, or implements of husbandry, at the option of the Creek Nation, sea- term of 8 sonably signified from time to time, through the agent of the United States, residing A PROCLAMATION. 70/ with said Nation, to the Department of War; and eleven thousand dollars shall be paid fc ii.oou t • 1»1 HO. o .. be pai l in like in like manner, annually, lor the term ot the ten succeeding j ears, making in the whole manner for 10 eighteen payments in the course of eighteen years, without interest. The first payment year^1"^ is to be made as soon as practicable aftei the ratification of this convention by the gov- , Payments i° x * ° be made at the eminent of the United States, and each payment shall be made at the reserved tract on Ocmuigee old the old Ocmulgee fields. ^Two bbek. Article 4. And it is hereby further agreed on the part of the United States, that in gl^ers8^ be lieu of all former stipulations in relation to blacksmiths, they will furnish the Creek furnished the •*t j- f • i . . ..... . .. Indians for 8 Nation lor eight years with two blacksmiths and two strikers. years. Article 5. The President of the United States may cause the line to be run from tj|^reulls"ates the high shoals of Appalachee, to the mouth of Uleofauhatehee, at such time and in 10 cause tlie boundary line such manner as he may deem proper; and this convention shall be obligatory on the eon- to be run. tracting parties, as soon as the same shall have been ratified by the government of the treatyshaifbT United States. binding- Done at the plaee, and on the day and year above written. HENRY DEARBORN, (L. S.J OCHE HAUJO, his X mark, (L. S.) WILLIAM McINTOSII, his X mark, (L. S.) TUSKENEHAU CHxYPCO, his X mark, (L. S.) TUSKENEIIAU, his X mark, (L. S.) ENEIIAU THLUCCO, his X mark, (L. S.J CHEKOPEHEKE EMANTLAU, his Xmark, (L. S.) Signed and sealed in the presence of JAMES MADISON, - ^ ROBT. SMITH, „ ^ t BENJAMIN ^VKINS^ TIMOT*** BARNARD* JNp^SMITH, ANDREW McCLARY. The foregoing articles have been faithfulInterpreted. . TIMOTHY BARNARD, Interpreter. NOW THEREFORE trtiic end that the said treaty may be observed and performed with good faith on the part of the United States, I have caused the premises to be made public : and I do hereby enjoin and require all persons bearing office, civil or military, within the United States; and all others citizens or inhabitants thereof; or being wit hip A PROCLAMATION, the same, faithfully to observe and fulfil the said treaty, and every clause and article thereof. IN TESTIMONY WHEREOF, I have caused the seal of the United States to be hereunto affixed, and signed the same with my hand. DONE at the City of Washington, the second day of June, in the year of our Lord one thousand eight hundred and six, and of the Independence of the United States the thirtieth. TH : JEFFERSON. By the President. JAMES MADISON, Secretary of Slatee 4 A A Alleviating first law; no clerk to issue any CxVDEMY CHATHAM, certain lots al- execution, provided security is given, 426 lowed to be sold for 124 Securities to justify,, % 426 To receive part of the proceeds of the No justice of the peace to issue any exe- sale of the Bethesda college property 464 cution, 426 To support and edueate five orphan clitt- No sheriff or other officer to sell proper- dren, , 46i ty, if security is given, 426 Sunbury, additional commissioners ap- No court to try any cause, except in cases pointed for, 145 of trial for the right of property and at- Act repealing, and reducing eommis- tachments, 426 sioners of, * 246 Manner of proceeding in attachments, 426 M'Intosh {See M'lntosh county, J No additional security in eases of appeal, 427 ■Greene, commissioners appointed for 149 Open accounts to bear interest if not liqni- Lands purchased at confiscated sales, dated, * 427 titles to be made to, 672 This law not to extend to taxes or actions Washington county, permitted to sell its founded on torts, &c. 427 lands, 181 ■ Limitation law suspended, .427 Washington, town, lottery allowed, 213 The continuation of this act, 427 Time allowed for said lottery extended, 262 -This act repealed, 418 Lands purchased at confiscated sales, —-Second Law—Judgments may be thirded, titles to be made to, 672 provided security is given for the other Oglethorpe, name of changed to Meson, 387 two thirds and cost, , 447 -——•Incorporated and commissioners named, 387 ——Executions may be thirded in like manner 447 —University to have a superintendance over, 388 ——Securities' property how bound, 447 Effingham, commissioners of, named and This law not to extend to taxes, torts, incorporated, 518 fines, &c. 447 —Richmond, commissioners of,authorized to Lieu of plaintiff not to be defeated by any convey a lot in Augusta to Christ church, 464 ' sale of defendant, 447 —Authorized to convey a lot to the Baptist Judgments to bear interest, 447 Society, 526 —^Duration of this act, 447 Columbia {see lotteries. J ——No rule of court officers to be adopted, so Camden, act to ascertain and collect its as to enable tbem to receive more than funds, 579 a third of their cost, 44S Union, in Eatonton, Putnam, established. Creditors upon receiving one third of their and commissioners of, 581 debt, and security, not to sue, 448 Jefferson county, {see Louisville.J Treasurer to receive but one third of —All aoademies to have a credit at the con- fractions' bonds, 448 fiscated sales of 1000 pounds, 677 -No ca. sa. to be acted on, if this law is Accounts open, to bear interest, if not liqui- ' complied with, 44S dated, 427 How security may proceed against prin- Actions—See Limitations, eipal, 448 Administrators—See Executors, This law repealed, 535 Alatamaha river—See Navigation, Third Law—Sale of property how stopped 5S4 Alexander James, relieved from the confisca- Not to effect taxes, fines or actions found- lion act^ 189 ed on torts or wrongs, 554 1NDE X, Alleviating law; .Judgments to bear interest, 53i Duration of this act, 534. ■ .But one third of cost to be received by officers, 534 What shall exonerate a debtor from suit, 534 -—.What payment shall satisfy a creditor until the 1st, May, 1810, 534 .What part of the debt to be then paid, 534 ——In what manner the treasurer is to issue executions, 534 —No ea. sa. to be acted on, if this law is complied with, 534 ——How security may proceed against pvinci- pal, 535 Contracts entered into after Christmas, % 1809, not effected by this law, 535 Securities under the former laws not re- lieved by this, 535 -Where at sales, property brings one third, how.further proceedings may be stayed, 535 —Where it brings more than a third, what will entitle the defendant to the overplus, 535 Alger. James, his real estate vested in Sarah his wife, and Preserved Alger, his adopt- ed son, 506 A ppropriation act, for 1802, 40 for 1803,, 77 for 1804, 159 for 1805,. 222 for 1806,. 287 for 1807, 347 for 1808, 372 for 1809, 470 for 1810, 570 Arms and ammunition, act to procure, 363 To be distributed and how, 444 Arsenal where established, 400 Athens, town of incorporated, 329 Attachments, Provincial law of 1761, re- pealed, 123 Manner of proceeding in, under the alle- viating law, 426 Attornies, act to regulate the admission of, 331 Attorney General, when to receive his fees, 559 Audited certificates, time extended for their renewal to Oliver Dowen and others, 82 Time extended generally, 116 —Comptroller General to issue one in favor of Thomas Porter, 671 . . . . t . . to Josiah Tatnall, gov'r. 674 ....... to liene Fitzpatrick, 678 Augusta, (own of, act to regulate the qualifi- cations of Aldermen, 141 —Corporate limits of defined, 518 . What number of aldermen necessary to form a council, 519 -—-What absence will vacate a member's seat 519 A range of lots to be laid off, 526 —Certain streets named, 526 Austin Jesse Daniel, name of altered, 424 B ACON EDMUND, admitted to practice law, 381 Bailey Russel, pardoned, 513 Bailiie George—(See confiscated property J Baldwin Abraham, his conduct approved by the Legislature, 675 Baldwin county, organized, 279 Where election of county officers to be held for, 296 Jurors how to be selected and drawn, 296 New counties laid off from, 357 A part of the late cession added to, 359 Parts of Washington and Hancock eoun- ties added to, 363 ——Courts not to be held in the State House of 456 —■—Extra tax allowed to build a court house and jail for, 486 Court house and jail of, where to be built, 487 Certain lots in Miliedgeville allowed for building the court house and jail of, 487 ——Extra iax allowed to build a court house for, and a bridge over Little river, 555 Bank Planter's, incorporated, 374 Barnes John B. admitted to practice law, proviso, 577 Bastardy, persons guilty of hew punished, > 60 Punishment how increased, 60 —Bonds how prosecuted, 524 To whom returned after taking them, 525 Beal John—fSee Stages,J . Berrien John, Resolution in his favor, 672 Bethesda College, permitted to sell certain lands, 183 Trustees of reduced, 183 —The property of to be sold, 463 i The proceeds how to be applied, 464 Bowen Oliver, See audited certificates9 Boykin John, relieved from Banishment, 258 Bridges—Toil over Great Ogeekee vested in Jesse M'Call, 115, 184 —Rate of toll to be painted on a board, and put up at 460 ——Inferior court of Franklin, authorized to buy, in that county, 199 Toll, over Canouchec established, 263 ——over Great Ogechee vested in Joseph Hill, 297 INDEX. Bridges; Oyer the Appalachee river vested in Joseph Philips, 473 — Over Little river, vested in John "Whitehead, 476 —— Over Little river in Wilkes county, vested in Charles It. Carter, 559 -——Over Little river in Columbia county, vested in Joseph Ray, 96 Over Oconee river, vested in Thade- us llolt, . 369 Time for building liis extended, 562 Over Little river vested in Aaron Lipkam and Thompson Coleman, 432 ——Over Oconee river, vested in Zacha- riah Simms, 568 Over Great Ogechee, vested in Slier- wood M'Call, 572 —iOver Savannah river, opposite Cam- bleton, vested in William Garrett and Leroy Hammond, 576 —Over Savannah river, at Augusta, vested in Edward Rowell and Walter Leigh, provided the academy gives its consent* 576 _O ver Savannah river and its branches, above the city of Savannah vested in Joseph Hill, 582 —Over the Beaver dam in Scriven county, vested in the estate of James H. Rutherford, G76 —Over the Oconee river, vested in Frederick Colham, 688 —Over the Oconee river, vested in Tho- mas B. Scott and James Holt, 688 Bridges Joseph, pardoned, 115 Brown John R. admitted to practice law, proviso, 577 Bryan county, the funds of, how to be appro- priated, 4 « County officers election of authorized, 125 -—Extra tax allowed, 253 Bulloch county, appropriations in favor of, 41 —Site for the public buildings of, pointed out 143 (See lines. J Burnet Rebecca, name of, altered, 526 Burton Betsey, Sally and Matilda, names of altered, 252 Butler David B. collector of Richmond, his accounts to be closed, - 689* C AID WE LL, Kitty Ann Edwards, name of altered, 379 Camden county, additional commissioners of the court house and jail appointed, 11 ——Duty of the inferior court, 11 Part of added to Wayne, 473 Sylvanus Church relieved, 563 (See lines.J Carnesville incorporated, 396 ——Act to alter and amend, 501 (See Franklin county.) Carney Arthur, act to relieve his representa- tiyes, 117 Carter Charles R. (Sec bridges.J Cavalry, (See Mil ilia.'J Census, act to take the, in 1804, 131 1810, 530 Cession of lands on French Broad from the United States, 48 678 (See Mississippi Territory. J Chatham County, court house and jail of placed under the care of the Mayor and Aldermen of the City of Savannah Extra session, superior court authorized, 94 Lottery allowed for re-building the court house of, 180 Certain acts in the court of ordinary of, made valid, 437 ——Inferior court of, to lease out a certain lot ofl ndl i, J of land on the Ogechee, 6~S, 670 Certain acts of the court of ordinary of, with regard to Edward White, censured, 681 ——Edward White declared to be the clerk of said court, 681 Chisan John, bounty warrant to be renewed in his name for the use of Henry Haynes, 683 Church, Roman Catholic, of Savannah ineor- porated, 10 ——Baptist at Powell's creek in Hanc'ock county incorporated, 4,2 ——Kiokee, in Columbia county, further priv- ileges allowed, 6 ■ ■ Fishing creek, in Wilkes county, ineorpo- rated, 122 Yan's creek Baptist, in Elbert county, incorporated, 179 •—•—Independent Presbyterian in Savannah, funds increased, 243 Incorporated and former act repealed, 325 •—Religious societies of, validity of former") conveyances to them and their capacity 1250 in future, * J ■ Vann's Creek Baptist in Elbert county, act of incorporation repealed, * 315 —Red's Creek Baptist in Columbia county, incorporated, 315 INDE X. Churcli, ludependent Presbyterian in Savannah, pew holders to elect trustees, 405 Christ in Savannah, ( See Lottery.) Christ in Augusta, lot to be conveyed to, 404 —-— • incorporated, 465 —*—Episcopal in Fmlerica incorporated, 47^ Lutheran at Ebenczer, Glebe lands may be sold, 479 Baptist Society, (See Richmond Academy) ■ Sylvanus, (See Camden County.J Clarke county, laid out and defined, 35 —:—part of Green added to, 89 county, extra tax allowed, 313 county, part of Greene added to, 378 county, officers commissioned for Jaek-") son county falling into, to hold their I 672 appointments, J county, notice of election for county offi- cers how to be given, 672 Clark John, act for his relief, 366 Clerks of Scriven county compelled to keep""} their offices within three miles of the 4 208 court house, J ——to be elected, at the time of the election of the county officers, 402, 514 ——Not to record deeds of manumission of slaves, • 27 ——must keep their offices at or within one mile of the court house, 404 time for removing their offices extended, 433 >——of Washington county not compelled m terms of the above law, 498 ——of Warren county not compelled, 502 of Wayne, Tatnall, Wilkinson and Lau- rens not compelled, 503 ——John Smith of Clarke county further time given, 504 --•of Wilkes county not compelled, 505 ——of Scriven county not compelled, 529 ——of the Superior, Inferior and courts of") Ordinary to hold theii^offices until their I 541 successors are commissioned, J —■—to make out a schedule of all papers and monies to be delivered to the inferior court 541 ■ ■. ■ to make out another to be delivered to their successors in office, 541 » how responsible, 541 ——at what time and by whom commissioned, 541 their records to be kept in bound books, 541 —of Pulaski and Telfair counties not com- pelled to keep their offices at or within one mile of the court house, 554 Clifton John, name of altered, 508 Clinton, town of incorporated, 520 Cobbs John, act for the relief of the heirs of, 40C Coleman Peter, allowed to build a mill on little river, 185 Coleman Thompson, (Seebridges.) Columbia county, extra tax allowed, 319 —-—building of the court house to be let, 407 —^—lots to be laid oft* and sold at the site of the public buildings, 685 Coil ham Frederick, (See bridges. J Compilation of the laws, (See Digest.) Comptroller General, his duty as respects the clairajs of Rode- rick l^iasley and others, 63 his duty as respects the adjustment of Creek IndiaH claims, 76 ——his duty as respects the claims of James Wood and others, 111 Commitments, prosecutors to give bond and security, 148 want of form not to defeat them—proviso, 451 Cone Jane, act for her relief, 511 Confiscated property, commissioners of ap- pointed, 57 their duty and compensation, 57 persons discovering property how to be compensated, 109, 679 «——Commissioners of, to make titles to James M'Xntosh for a certain lot of land, 683 commissioners of, to make titles to Geb:"} Baillie "for certain lands purchased by } r«« Young and Morell, and relinquished to [ said Baillie, J commissioners to enquire into the title") and quantity of land sold as the property I 687 of William Knox, J —commissioners authorized to make titles'} to certain academies, (See academies9) t and (Debt public.) J Constables, (See Judiciary.) Constitution of the United States, amend- ment of, ratified by the legislature 176 of the State amended as relates to the election of clerks, 402, 515 Corker Stephen, relieved from banishment, 524 Coroners, to hold their offices until their sue- cessors arc commissioned, 541 Costs, (See Judiciary.) County funds, commissioners to be appointed to adjust them, 679 Cotton, seed shall be removed from or kept dry and enclosed at machines, 135 « act to regulate the weighing of 346 —Gins,Miiler and Whitney's, the renewal"} of the patent to be opposed by our mem- 4 685 bersin Congress. J INDEX. Courts Superior, time of holding in Chatham county altered, 37 ■ -to be held twice a year in each county, 37 times for holding in the eastern circuit, 37,112 ..... in the middle circuit, 38, 575 Judges of not to convene, 38 —-—.what to be done with cases hung up for de- cision in, 38 ■ ■ Judges of, when interested, who to pre- side in their stead, 39 time of holding in Oglethorpe, Clarke and Jackson counties altered, 317 ■ Judges of may alternate, 328 times of holding in the Ocmulgee circuit, 360 ——Jarors of, (sen jurors.) times of holding in Jones, Wilkinson,"} Pulaski, Laureus, Baldwin, Telfair v 459 and Morgan, altered, J ——act amending and pointing out the times of holding in the Ocmulgee circuit, 574 times of holding in Wilkes county altered, 575 when judge of is siek, may be adjourned, how and to when, 575 in what eases an adjourned court may he held, . 575 ——Inferior, their jurisdiction in cases of es- trays, (see judiciary.) 6 to 10 ■ .... their jurisdiction as to insolvent debtors, 21, 549 . .... their jurisdiction as to inspectors ©f flour, 679 28 . . . . . when to sit in the western district, 38 , . . . . when to preside in the superior eourt, 39 . . . . . shall levy an annual tax to pay sheriffs'jailors' & coroners' fees, 39 when to sit in Tattnall county, 61 their power to establish ferries and bridges, 262 shall select for grand and petit jurors, 272 how compensated, 335 . . . . . act to compensate repealed, 551 times of holding in the Ocniul- gee circuit," 360 - . . . * wben to be held in Pulaski and Laurens, 459 .Ordinary, duty of, as to escheats, 257 -When to he held and how often, 259 -duty in the distribution of estates, 260 -How to relieve securities of insolvent executors, ' 260 -How to proceed against delinquent execu- tors and make theui give security, 261 May order landed titles to bo made where either or both parties are dead, 261 Appeal from, 209 (See executors and administrators.) Creek Nation, claims of our citizens upon, how adjusted, 76, 107 acts for adjusting claims against, repealed 363 claims against how ascertained, & prison- ers & negroes to be demanded of, repealed 675 agent of Indian affairs authorized to ap- prebend fugitive slaves from this State, Treaty at Fort Wilkinson and City of Washington, (see Treaty.) Cummins Ebenezer H. admitted to practice law. 120 Cummins Francis D. admitted to practice law 431 ©AKIEN, act to regulate, 244 Act further to regulate, 497 Dasher J. Martin, (see Navigation.) Davis Thomas, resolution in his favor, 674 Debt Public, confiscated property set apart for redemption of, 57 Act supplementary, 108 —Fractional surveys set apart to redeem, 290 Reverted draws, in the land lottery set apart to redeem, 295* Evidences of, received in payment at j the treasury for fractions in the second 1445 land lottery, J What sum appropriated to redeem, proviso 446 ——Evidences of, received iu payment at"} the treasury, for fractions in the first I 445 Land Lottery, j Debtors, (See Alleviating Laws.) ——Insolvent, how relieved, —1—Their oath, Perjury by them how punished, The property of, always, but his person never afterwards liable, —-Property of, concealed, what to be dbuc with, Disposition of their property and debts, Debts of, how collected, Prison fees of, by whom paid, Justices of the inferior court may in all cases discharge, 148, 549 21 22 22 23 23 23 23 -Where plaintiff resides out of the councy ■} security must be given for the main- y 148 tainance and fees of, -Duty of judges of the superior and justic- es of the inferior court in discharging, 5i9 -Creditors to have thirty days notice, 550 -Suggestions of fraud by, how to be tried, 550 II 4 INDEX. Digest of die laws, appropriation for printing, 41 ——To be sold and ia what manner, 3S0 —of the laws and resolutions passed since the }ear 1S00, to be made, 528 Divorces—manner of proceeding* therein, 99 —r—To be absolute or conditional, 312 To be tried by a special jury, & their duty 313 Offending party, not permitted a second. marriage, (proviso) 313 —:—What permitted, where the Legislature refuse a divorce,. 313 After provision is made for the wife, bus- band not subject to her debts, 314 -m—Issue not bastardized, 314 Schedule of property to be rendered, 314 To be divided among the children, under the discretion of the jury, 314 ..... of JohnMulky and wifei 61 of Jacob Bieller and wife, 83 — of Betsey Chandler Williamson and husband, 113 ..... of Martha Dickson & husband, 202 —— of William Guiry and wife, 203 of Humphrey Tomkins & wife, 203 of Barbara Goodwin & husband, 203 . ..... of William Simmons and wife, 203 ..... of William liobgood & wife, 203 —— ..... of William Patrick & wife, 203 of Mark Small wood & wife,. 204 ..... of James Brown and wife, 264 —- ©f John Cormick and wife, 385 of William Harding and wife, 408 of Robert Rudolph and wife, 508 . . . .... of Jesse Corura and wife, 509 of John Fitzpatrick and wife, 512 of William Sorrow and wife, 569 Dixon Eliza.Moriah, name of altered, 510 Document law, 56 Duelling, act to prevent and punish, 529 E hd ATONTON, town of, 485 Incorporated and commissioners named, 551 ■ Easley Rhoderick (and others) (See Comp- troller General.J Echols Rebecca, act for her relief, 20 Edmundson Joseph, bounty warrant to be issued to, 677 Elbert county, ("See lines) and (Toor.J Extra tax allowed to repair the court house, and rebuild the jail, 423 To let the building of the jail of, further time given, 493 ' ——To let the building of the jail of, further time still given, 522 Elberton", act to incorporate and regulate tbe (own of, 114 To enlarge the limits of, and extend tbe corporate jurisdiction, 500 Elections, persons voting at, out of their conn- ty, 30 dollars penalty, 3 —Jurisdiction of justices of the peace over offenders at, 3 Offenders to be confined in the pillory, if- unable to pay the fine, 3 Elmore James, (See M^Connell & Elmore.J Escheats, act to regulate, . 24 Who to he the eseheator, and his oath 24 His duty, 24 Inquest to ascertain property, 25 —Advertisement and sale of property how to be made, 25 Subsequent claims how to be treated, 25 'Property heretofore escheated what to be done with, 26 In the hands of executors, &e. 26 i Creditors not effected by this act, 26 Persons disabled, claims of not to be (le- featedj 26 Esebeators not to purchase property, and liow punished for misconduct, 26 Estates, ("See courts of ordinary.J Acts amendatory, and defining the duty of the courts of ordinary in, 257 Money arising from the sale of, what to be done with, 257 —Twelve months notice to be given to ere- ditars, 257 • To be paid in proportion t» the funds, 257 ——Monies collected under former laws, to be delivered to said court, 258 In the county of Chatham given to the poor-house and hospital, 450, 578 Estrays, by whom, and in what manner to be taken up, 6 To toll them before a justice of the peaee and his duty, 6 Description and appraisement of, to be sent to the clerk of the inferior court, 6 Oath to be administered to the taker up of 7 To be reviewed by freeholders and adver- tised ten days before tolling* ——Justices how to proceed, and to keep a book to register the certificates of des cription, &c. —•—The clerk to keep also a book for the same purpose, & to advertise each description 7, 123 •——Inclosurcs to be made and to be brought thereto, when, and at what lime, 7 INDEX. Estrays, ^ • Penalty for failing to impound, 7 ——To be delivered by taker up, to the clerk, to be sold if not claimed in twelve mouths, 7 ■ ■■ Amount of sales of, applied to county purposes, 8 - ■ Duty of justices, in case no owner ap-") pears, to prove the, if they be neat I 8 cattle, sheep, goats and hogs, J —" Justices' fees, 8, 123 Persons establishing their right to, in two "J years after sale of, to receive the a- 1- 8 mount, deducting charges, J May be put to labor, or owner to"), make compensation for the care of I 8, 123 taker up, and clerk's fees, J . Statement to be rendered to the inferior"') court, and the grand jury by the clerk, ! of all sales and monies reeeived on ac- [ count of, J Persons neglecting their duty herein how punished, 9 Evidence, copy of surveyors bonds under the privy seal of the governor, good, 690 Executors and Administrators, sales of, be- tween what hours to be, 207 "■■,,-Not to be from day to day, unless so") advertised, and notice thereof given, on 1207 the first day of sale, J ——Not to sell slaves without an order, 260 •—-Must put them up to sale in the most ad- vantageous manner, 260- •——Temporary letters maybe granted them, to collect property pending a suit, 269 Not to be granted but to a citizen of the United States, resident in Georgia, 269 —Must qualify in one year, or forfeit their right, 382 Witnesses to wills bound to attend & prove them, 381 Widows to make their election of their") .husbands estateintwelve months, or be b 382 confined to dower, J Where the real property of their tesfate or intestale is claimed at sales how to be tried 560 Of personal property, 560 i AURAH THOMAS W. admitted to prac- tiee law, 431 Fees, of justices, of the peace, on estrays, 8, 123 —Clerks and takers up of estrays, 9, 123 Sheriffs, jailor^aad coroners in what eases and how, to be paid by the county, 39 -Of coroners, by whom paid, on the death of slaves, " 39 —Of clerks in weights and measures, 135 —Of the health officer and harbor master of Savannah and St. Marys, 214, 674 -Of the clerk of ordinary on marriage licenses, 261 -Of the public officers of state, upon grants in the late cession, 3S7 ——Of sheriffs in cases of insolvent debtors, 550 Of attorney and solicitors general, when to be paid, " 559 Fences, regulated in Harris Neck, in M'ln- tosh county, 521 Ferries—rate of toll to be painted on a hoard and put up at, 460 ——Established on Savannah river in Burke county, at the bluff, IS Established ©n the Alatamaha vested in Lewis Osmont, 18 —Established on Savannah river, vested in Nichol Turnbull, 55 ——Established en Savannah river, vested in Newell Walton, 59 ■Established on Broad river, vested in Allen Daniel, 221 —Established on the Alatamaha, at Fort Barrington, vested in M 197 — ..... sites for ceded to the U. States on Sapelo Island, . 438 — sites for ceded to the U. States on Cumberland Island^ 675 Li pi 1 am Aaron, (See bridges. J limitation of actions, act for, 8 4 IJiDEI Limitation, 1%/IT * ^ -What actions must be bro't in se\ en years 209 IaJLADDOX DAYID, bounty warrant re- •—— « . . one year, 270 newed for, 519 lour "years, 270 Madison, town of, sits of public building in Actions for words must be brought in Moigan county, .182 one year, 270 Incorporated, 553 ——Who to lose benefit of the act, 271 —.—James, President U. S. address of the Le- ——Actions on the case in what time to be bro*t 271 gislature to, 092 ■ Act of 1707 repealed, 271 Manumissions of certain slaves, by the names") ——Persons nonsuited, in what time to renew of Lucy, Betty Barrett* Jim Larry I 1.' their actions, 303 and Nancy, J Act of 1707 revived, and the act of 1805 ' Of Peter & others, freed by Sally Harper, lli> in part repealed, 301 Of Matt A other persons of colour, 137 «•——Act of 1707 revived and declared to he in —-—Of Bess A others, freed by Wm. Terrell force from February, 1793, 344 and others, 119 -Persons under certain disabilities, what Of Mag and her five children, by John C. privileges to have, 344 Levingston, 21S -The 5th and 9th sections of the act of Of Bess, by Josiah Tattnall, Jun'r. 213 1767, amended, 344 Malicious Prosecutions, who to pay cost in, 345 Laws not in force in Walton county, s344 May Amos, name of altered, 21S ——Act suspended, 427 Mayor's Courts, f see Savannah J Bonds and other instruments under seal Marriage Licence, how to be returned, 261 to be sued in 20 years, 537 To be recorded and received as legal evi- .Notes in six years, 537 dence, 261 Open accounts must be sued in four years, 537 MTntosh County, commissioners of the Aca- Limcberger David, act for his relief, 557 demy of, their duty, 62 Lines, commissioners appointed to ascertain Public buildings of, made permanent, 66 between Libert A Franklin counties, 175, 304 fSee Lines, and Poor, J Commissioners appointed between M»In- MTntosh James, (sec confiscated property,J tosh A Liberty, 321 M'Whir William, act for the relief of, 93 —.— - Wayne A Camden, 574 M'Cali Jesse, (see Bridges,J - Glynn A Camden, 673 M'Connell John A James Elmore, act for - - TatnaJl A Montgomery, 676,689 their relief, 504 - Bulloch A Montgomery, 679 M'Call Sherard, (see Bridges,J Lotteries, one allowed Chatham poor and court M'Donald Creswell, admitted to practice law, house, 180 (proviso,) 577 Washington town aca- Millilia, Field Officers to arrange the dis- demy, 213 triets, repealed, 4 - - - - - Joseph Rice, 96 ——Brigades and Divisions defined, 4, 366 „ - - - - - The University, 308 Act to consolidate the militia laws, The town of St. Marys 3bA repealed, 161 Christ Church in Sa- Act to amend, repealed, 190 vannah, 430 Act still further to amend, repealed, 285 ----- The Oconee and Canou- ——Act to revise, amend and consolidate, 408 cliee rivers, 66, 474 -Creation or alteration of divisions, and —_ ----- Columbia academy, 475 brigades, by nhom to be made, 409 Louisville town of, certain streets aud alleys Where to be recorded, 409 of, to be sold, 126 Regimental, battalion and company dis- Time for selling extended, 207 triets, by whom may he altered, 409 Town commons of, to he laid off and sold, No officer to loose his commission by such for the benefit of the academy, 496 alteration, 409 | Certain lots in, to be laid off and leased, 672 An acquisition of teiritory how to he ar- ' ranged, 409 INDEX. Militia, ——What shall compose a regiment, 409 Where two or more counties compose a regiment, what to be done, 409 -Divisons, brigades, regiments and com- panics to be numbered, 409 —Generals, by whom appointed and how commissioned, 410 Company appointments how made and by whom ordered, 410, 439 Time, place and manner of holding company elections, 410, 439 Company Officers by whom commissi- oned and in what time, 410* 439 Officers may be brevetted, 410, 439 Where privates fail to make appoint- ments, what to be done, 410, 439 ""W ho to order an election for Lieut. Col. and what notice must be given, 410, 439 ——Who to order an election for Major, and what notice must be given, 411, 440 » Who to preside at said elections, 411, 4*0 —At what time and to whom the returns shall be made, 411, 440 ■ To be commissioned by the comman- der in chief, 411, 440 ——Generals to appoint their own aids & other officers, 411 ——All Officers to take an oath, 411 Who Captains are to enroll in their com- panics, 411 —Persons pleading non age or incapacity, what to be done, 411 . Persons enrolled must be notified thereof 412 —Companies to be divided into four squads, 412 Non-commissioned officers how appointed and how responsible, 412 In what manner exempted after serving one j ear, 412 In what manner militia shall appear at musters, 412 How volunteers must appear, 412 ——Must be equipped before they are excus- ed from duty in the militia of the line, 412 —Must produce a certificate of their equip- ment, and from whom, 412 Penalty for giving an improper certificate 413 —Persons entering volunteer corps not. to withdraw under certain penalties, 413 Volunteer corps where to be attached, 413 Liable to the militia laws and rules, 413 —Not to enlist more than every eleventh man from incomplete companies, 413 ——Companies to be mustered four times a year, 413, 440 ——And at such times as may be ordered by tlie colonel, 413, 440 Captains to take an account of the arms, and to w hom to make a return, 413, 440 —Regimental and drill musters once a jear and by whom ordered, 414 —Battalion and drill muster once a year and by whom ordered, 414 ——Regimental and battalion muster once a year, by order of colonel or major, 414 ——Sutlers how and by whom appointed and their duty, 414 Disorderly conduct of bye-standers atl musters and courts of enquiry, how J* 414 punished, Disorderly conduct of non-eommissioned, officers and soldiers, how punished, 415 ——Officers liable to certain lines for neglect of duty, 415 Private soldiers liable to certain fines for neglect of duty, 41G ——Musters to be held by eleven o'clock, 41G Time allowed officers to procure their uniform, iJLG Persons unable to equip themselves; what may be done, 446 —.—Fines of minors and apprentices, by whom to be paid, 416 Arms, &e. exempt from execution, and the persons of the militia from arrest 416 ——Manner of distributing orders, and the necessary notice, 416 Notice given at musters, good as to all present, 416 What notice necessary of courts of enquiry 416 ——Before the court, what shall be proof of notice, 416 Delinquent officers to be noticed and re- turned to the court of enquiry, 417 •——Form of a certificate of delinquencies, 417 ——Courts of enquiry to be held after the re- spective musters, 417 At what time regimental courts are to be held, 417 Of whom, and of what number to be composed, 417 Who to preside, and who to be tried thereat, 417, 441 Battalion court, when to he held, 417 Company court, 417, 430, 441 —Where said courts are to be held, 417, 441 I U D E X. Militia, Persons to be appointed to take care of • Members of the court to be sworn, and them, 445 tlie oath, 417 Ministers of the Gospel exempted from May impose fines, 418 duty, 531 IIow they are to be collected, 417 Millcdgc John, his conduct approved by the ——Adjutant and paymaster how appointed an Legislature, 675 counties having but one battalion, 418 appointed commissioner to cede * Courts of enquiry may appoint a clerk the western territory, 47 and provost marshal, 418 Milledgeville, laid off, 107 Duty of the clerk, 418 -Certain lots in, to be sold, 201* paymaster, 418 Declared the permanent seat of govern- Fines how to be applied, 419, 441 ment, 209 ■ How officers are to be arrested and Commissioners of, established and their tried, 419, 428 duty and poweis, * 265 ■Court martials how and of what number i-,—To contract lor building the state-house, composed, 419,423 awd limited to 6*0,000 dollars, 265 ——Oath to be administered to the members -To have the care of public property, and • of, 420, 429 to lay off othei lots, 265 - Evidence how to be obtained, 420, 429 Incorporated, 325; ——Witnesses to take an oatli, & the oath 420, 429 ——incorporation act amended, 361 Officers cashiered, how long disqualifi- Part of the town commons of, to be leased 390 ed, 420, 429 To sell lots in, commissioners authorized, 390 In eases of invasion and insurrection what Certain lot granted to an academy, 391 to be done, *20 Trustees of an academy appointed, 391 -—Adjutant general to be paid, 421 Lots given to religious denominations, 391 Copies of the militia laws to be distribut- Time for improving lots in, extended, 496 ed, and read by captains to their men, 421 Miller and Whitney, (See cotton gins.J ——Officers of volunteer corps not allowed a Ministers ordained, (See militia and jurors.J vote, unless they have 30 men in uniform, 422 Mississippi Territory, articles of agreement Officers resigning within three years, sub- and cession of, 4$ ject to a certain disqualification, 422 Cession of ratified, 51 All former militia laws repealed, except Sense ofthe Legislature as to Yazoo claims 680 as to patrole, 422 .Montgomery county, (See lines.J ■ Persons unable to pay their fines may he Monticello, site of the public buildings of Ran- imprisoned, 428 dolph county, 481 r Militia to pass bridges, turnpikes and fer- Morgan county, laid out and defined, 357 ries, toll free, 429 Site of the public buildings established, 482 • -Brigade inspectors to be paid, and in what Moxam John, the estate of, vested in Ann manner, 429, 441 Jones, 389 -—Powers of a court of enquiry, 441 Move, Redden & Malachi, names of altered, 52 «——Powers of a court martial, corporal pun- Murphy Cornelius, afforded temporary relief, 506 ishment forbid, - 441, 542 The cavalry organized, 442 N Brigadier general of cavalry, colonels 1_^ AVIGATION, Ebcnezer Mill Creek and majors, how appointed, 442 opened, 12, 56 Commander in chief's duty with cavalry, 443 Oconee river opened from the Roeklanding Their privileges ; subject to the militia to John Barnetts, 15, 75, 274, 474 laws, 442 Ogechee river opened between Louisville Brigadier generals to review the militia, 442 and Paramour's Bluff, and other places, 29 Officers may wear lace, their uniform, 442 66, 75, 459 —Military schools established, 443 — Oconee & Alatamalia rivers opened from —By whom to be superintended, 444 Montpelier to Darien, 31, 85 —Arms to be distributed, 444 -Canouchee river, lottery authorized for, 66 INDEX. Augusta 80. opened from BC>% 382 459 461, 547 in Chatham and 484 Navigation, Savannah river upwards, Tugalo river opened, ——Briar Creek opened, Broad Hirer opened, Of the water courses Bryan counties improved, Negroes, (See free negroes and slaves.J Nelson Sallv, pardoned,* 302 O CONEE & Ogeehee rivers (See navigation J Ocmalgce circuit laid off and detincd, 359 Counties therein organized, 359 Site of the public buildings in each conn- ty how to be established, 6S4 ——(See courts and jurors.J Officers Public, fees of, (See fees.j Salaries of, (See salaries.J Who have not been sworn to support the") constitution, their proceedings made b 673 valid, and further time given, J County, to hold their offices until sueees- sors are commissioned,. 541 —-—Transfer of monies and papers to succes- sors how regulated, 541 Oglethorpe county, extra session of the supe- rior court authorized for, 432 Orphan house Chatham, (See Belhesda Collegej Orphans, (See eeeecutors & administrators.J Osmont Lewis, (See ferries.J ATRCLS to be fined, and how much for neglect of duty. 333 Patterson John Tapley, name of altered, 517 Patroons, (See slaves.) Pearce William, bounty warrant issued to the heirs of, 533 Petersburgh, Union Society of, incorporated, 58 -Town of incorporated, 92, 182 Philips Joseph, (See bridges.J Pierce Stephen and William,, relieved from the confiscation act, . 139 Pilotage, certain powers granted to the ccm- misssioners of, 425 (See. Savannah.J Poor, one half of the county tax of M ) 93 nee rivers, how taxed, ——Collector of Chatham, to receive the taxes in Savannah, 393 Defaulters not to he presented by grand juries, 393 Act supplemental to the tax acts, 454 Defaulters may make return to the"] clerks of the inferior courts where pro- [4 54 perty has not been seized, and the duty } 4?i5 of the clerks therein, J ——Tickets for lotteries out of the state, how taxed, and who liable for, 455 IIow propet ty returned by defaulters is"] to be transmitted to the comptroller and (- 455 collector, and the latter's duty, J Fees of the clerk in such eases, 455 * —Receiversrendering an inaccurate state-"] ment of the taxes of a county, how pun- v GS0 ished. J Taylor Ckurehhill Ilines, name of, altered, 218 Telfair county, laid out, and defined, 35S Courts anil elections of, removed, and to where, 4&2 fSee Jurors.J Terrell David and John Holliday, of Wilkes county, ("See clerks.J Thespian society, incorporated, 4C7 Tobacco inspections, one established on M*Bo- nakl's k, Herd's land, 121 —-—On lands of John D. Terrell, in Franklin county, 24G -Inspectors and pickers not to purchase, 240 -Their oath, 241 -Proprietors of warehouses, their fees, 241 INDEX. Tobacco, ——Inspectors liable for losses thereout, 241 ^Trespassers, (Sea land lotteries.J Twining Nathaniel, (See siages.J Twiggs county, laid out aad organized, 565 Turubull Niehol, (Seeferries.J ♦Treaty with the Creek Indians at Fort Wil- kinson, 70 L ■ j at the City of Washington, 705 NION SOCIETY, Savannah, (See Sa- vannah.J Soeiety, Petersburgh, (See Petersburgh. J Academy, Eatenton, (See Academy. J University, loan of 5QOO dollars to, by the state, 79 —Authorized to sell certain lands, 14*3 Who to compose the visitors of, 456 The Senatus Academieus, where to meet, 457 Huty of the board of trustees, 457 -Their number to be reduced, and how, 457 T Y ENDUE MISTERS, taxed in the city of Savannah, 68 Not limited to two in Savannah, 117 Two allowed in Augusta and St. Mary's, 259 . Vet respecting as to Washington town, re- pealed, 281 One allowed the town of Millcdgeville, 316 . Gow appointed, . 316 St. Mary's, allowed to appoint one or more, 403 Yessels, (See Savannah.) W. '' AFFORD'S settlement, organized, 330 -Organizing law, suspended, 398 Suspending act, repealed, 476 Walton county, laid out and organized, -——Commissioners to be appointed to fix") and ascertain the dividing line between 1 iS9 this State and North Carolina, being j the 35th*degree of N. L. J , —Resolution requiring a second attempt to ascertain the dividing line, 382 ——Commissioners how compensated, and art- ists, how to be appointed, . 6S4 —Governor directed to call upon the gov-4 eraor of North-Carolina to eo-operate V 689 in ascertaining the dividing line, J Memorial of (he Legislature to Congress, on the subject of, 690 AY alios Pleasant* authorized to build a mill oa Little River, , 331 WaSioo Geo admitted to practice law, proviso, 577 "Washington, town of, incorporated, 278 , Couatv extra tax, authorized for, 319 f^dded to Baldwin county, 363 Watkinsville, town of, site of (he public build- ings of Clark county, 89 —■+- Incorporated, 305 Waynesborough, act for its better regulation, 127 Warrant Bounty, to whom issued and renewed for, (see Chisen John, Davis Thomas, Edmundson Joseph, Easley Rhoderick, (and others,) \Vrood James, (and others,) Hutchinson James, Josey Henry, Mad- dox David, Pearae \Y7illiain, and Russell Jeremiah.) AVayee County, defined and organized, and part added to Camden County, 282 Commissioners appointed to fix upon the site of the public buildings of, 320 Courts and elections of, to where removed, £93 (See Jurors and Lines.) Weights and measures, act regulating of, 134 AYreighi«g of cotton and other commodities, act regulating, 346 AYcst Hcury, authorized to build a mill on Lit- tie River, 198 AYharves, (see Savannah.) AYilkinsoo County, laid out & organized, 279, 296 Certain new counties laid off from, 357 Part of the late cession added to, 358 Site of the public buildings of how and by whom to be fixed upon, 482 Divided, and the county of Twiggs laid off from, 565 A site for the public buildings, how to be established, 566 —To retain, its records, 567 AYhite Edward, (see Chatham County.) Wilkes county, part of, added to Greene county, 89 Extra tax for, authorized, 259 —Extra session of the superior court fop, allowed, 553 AYrills and Testaments, (see Executors and Ad- mmistrators.) AVitnesses, their testimony, how to be secured, ia certain cases, 323 Maybe compelled to attend justices courts, 17 AVood James, ^and others,) act lev their relief, 111 Etheldrcd, collector of Jackson county, allowed a credit, 679 Worship Religious, no liquors to be sold, at or within a mile of anyplace of, 480 Certain exceptions, * 481 AYilliagham John' G. admitted to practice law, whenever he is perfectly qualified, 577 Wrightsborough, town of, incorporated, & com- ^ missioaers authorized to sell certain h)lsm*J* Wiley A.. C. relieved from the confiscatjmvr^ ■vr Y 1*"^ JL AZGO, (See Mississipf"^ INDEX TO THE IJTFS OF 1810. A. 51 CADEMIES, commissioners of, in new"J counties, authorized to purchase eonfis- V 598 'rated property, J Trustees of, in Richmond county, author- ized to lease out certain town common, COO ——Mount Eaon, incorporated, 666 ....... Trustees appointed, 666 Vacancies how filled, 666 Agricultural Society, incorporated, 585 Authorized to establish a lottery, 586 Appropriation, act for 18^11, 659 ANK of Augusta, incorporated, 588 —Directors of, their privileges, 588 To be chosen annually, 588 To elect a president, 589 ...... Qualifications of, 590 To appoint their own officers, 591 — IIow many shall form aboard, 591 Majority may call a meeting of stockholders, - 591 • Responsible in case debts ex- ceed three times the capital, 593 . i ■ To keep a book of their pro- eeedings, 594 Qualification of voters, 588 Voters* and proxy's oath, 589 hist of stockholders to be made out, and for what purpose, 589 Elections, when regulated by the bye-laws, 589 .Capital Stock, 590 May be increased, 590 Mate may subscribe and appoint directors, 590 . . May increase their stock and appoint another director^ 590 Cashier to give bond, 591 .... To take an oath—the oath, 591 President's death or resignation, 592 Shares transferable and in what manner, 592 Rills obligatory and of credit, how trans- ferable, 592 On what terms to hold lands, 592 Prohibited merchandizing, 593 Bills, &c. signed and countersigned, 593 Dividends, how determined, 594 — ...... Not to impair capital, 594 Funds to be divided on a dissolution, 595 •ease of capital, how divided, 595 ~ or counterfeiting notes of, 595 'Ijvrdjj jMymeut of taxes, 694 I quorate, 632 -Capital Stock, 632. Subscriptions to be opened, by whom and where, 632 When shares are forfeited, 632 Privileges of, 633 Directors, when elected, * 633 To choose a president, 633 May appoint their own officers, 634 ■ ..... Their qualifications, 634 How manj to make a board, 635 Stockholders, bow to vote, 635 President's salary, 635 When a meeting of stockholders may be called, ' . 635 Cashier and treasurer of, to give bond, 635 Lands, how held by, 635 Debts of, may be three times the capital, 635 Certificates of stock, how issued, 636 Miali not engage in commeri e, 636 Bills and notes of, to be signed and coun- tcrsigncd, 636 Dividends of stock, to be half yearly, 636 How entries to be made, 636 -Duration, 636 Bills of, receivable in payment oftaxes, 636 Barns John, act to relieve, . 641 Broad River navigation company,incorporated, 648 Capital stock divided, 649 Commissioners appointed, 648 Their powers, 649 Who to elect officers, 649 ——Tlieir duty, 650 Authorized'Jo collect toll, 650 Seines and ferries exempted, 650 Navigation of, not to be obstructed, 650 Butler Pierce, the tax collector of MTntosh, an- thorized to receipt to, 698 OURTS, Inferior, of Tw iggs county, when held, * 610 May draw grand and pettit jurors,610 ....... of Telfair county, authorized to-draw grand & pettit jurors, 610 of Laurens county, d.». 610 of Wilkinson county, do. 610 . of Pulaski county, do. 610 - of Montgomery county, do. 610 ■Superior, extra session allowcdin Putnam county, 617 in Washington INDEX. Courts, ». Inferior, of Greene county, records to'be transcribed, 626 J.—superior and Inferior, duty of clerks of, defined, 664 Collins Peter II. act for bis relief, 641 Clerks, certain acts of made valid, 643 ■ Their records to be evidence, 6*3 Criminal Code, committee appointed to digest, 692 —Chairman of, authorized to draw on the governor for 100 dollars, 700 Contingent fund, governor authorized to draw *J on the, to pay for tents furnished by De- I 693 vereux and Thweatt, J Coffee John, resoluiion relative to hi*s conduct, 697 Confiscated property, where to be sold, 699 • Commissioners bonds to be credited, 700 D. OWNING EDWARD, pardoned, 584 Divorce of John Wilson and wife, 597 • Of Thomas Harvey and wife, 603 Oath of special jury, in cases of, 630 Deputy secretary of State, his deeds to be valid, 643 " i11 E' ENDORSEMENTS and assignments, when valid, 643 Elections of tax receiver and collector, mode of, 663 Vet for, ordered to be published, 674 Escheat laws, act to explain and amend, 665 J? F- _ RED ERIC V, commissioners of, authoriz- ed to sell five acres of town common, 599 Farmer Elizabeth, name of altered, 638 Fractional surveys, act to sell, amended, 651 Subject to discharge of instalments, 651 When sheriffs may sell, 651 —Money arising from sales of, how appro- ' priated, 651 Seventh district Baldwin, act to authorize the sale of, 657 Commissioners of, to give bond & security, 657 i..■........ Oath, 658 Terms of sale of. and payments, 658 . Form of titles and manner of granting, 658 — Purchasers of, failing to pay, executions to issue against principal and security, 659 Free Negroes, act to regular and govern, 655 Shall register their names, 655 ^Penalty for neglect, 655 Justices to try delinquents, 655 —- Taxes to he paid, and penalty for neglect, 656 .May appoint a guardian, 656 ___-Guardians of, to give security, 656 G. REENE COUNTY, records of Inferior tn ascribed, 626 Grccnsborough, commissioners of, authorized to sell certain lands, 639 HlCKS TYTIIING^sale of, postponed, 693 Hills John, resolution on the subject of a sur- vey of this coast in his possession, 699 I. RYINE KENNETH, act for relief of, 602 Judgments, act to regulate the priority of, 620 Jurors, act to regulate the drawing of, amended, 623 Special, oath in cases of divorce^, 630 . . * . in what manner to be taken, 6*0 Joice Henry, authorized to establish a ferry on Oconee river, 631 Jones Elizabeth, relieved, 696 Jones Charles, relieved, 697 AND LOTTERY, time for taking out grants, extended, - q 584 Lines between Bullock and Montgomery, es- tablished, 615 Between Montgomery and Tat nail, to he run, 616. Between Montgomery and Jefferson, defi- ned, ' 644 Laurens county, site for public buildings in, de- termiued, 642 Little Mieajah, heirs of, relieved, 651 Laws and resolutions of 1810, to be priiSfed, 695 M. ILLS JAMES, bounty warrant renewed to, 596 M«Wright Mary, act for her relief, 611 Montieello, town of, regulated, 609 Midway Church, lottery authorized for, 61£ Milledgeville, commissioners of, authorized to. . sell certain lots, 621 Vet for regulation of, amended, 624 ——Who are entitled to vote for commissioners of, 624 Who shall preside at the election of com- missioners, 625 Elections, where held, 625 Intendant, how chosen, 625 Commissioners of, have power to lease fish- eries and cleared lands, 625 —— .... Authorized to lay taxes and mak£ bye laws, 625 .... Authorized to rent landing, 626 . ». . . Authorized to have seats made for the legislature, 694 M'Girth Elizabeth, name of, altered, 6386, Militia, majors, liow elected, 6*9 Who shall order elections for colonel cr major commandant, ^ 4 ■Elections to he advertis^* . 3 038 INDEX, Militia, • , Wh® shall preside at elections', 639 -Who shall order &n election for major, €39 —-—Who shall certify, 639 r——Colonel and major, how elected, 639 Inspection parades, 639 j——Oncers of Caimhjn, &c. when to convene, 639 M'Lrod John, relieved, 651 M* Donald Hugh, resolution for his relief, 700 jZt- N. AYIG f I ION of Savannah and Tugalo risers to he opened, 604 ■C^ce Oconee* Ogechee and Eroad River Navigation Companies,J COXEK Navigation Company, incorporan ted, ' 612 . Directors, how elected, 612 , f . „ May appoint their own officers and designate their powers, 613 ——■ . . . -Their oath, 614 . . What dutie* may be collected by 613 . . . Manner of voting, 613 . . . How many Constitutes a b.oard, 613 ——Treasurer to give bond, €13 ^Shares of, transferable, 614 Duration of, 614 Miriams already made, to remain, 614 Ogeehee navigation company act to incorporate 645 Commissioners appointed, 645 , .... Their duty and privileges, 645 ——Elections, "645 When to open the river, 646 -Navigation of river, not to be impeded, 647 647 647 €48 €99 -Not to affect bridges and ferries, —:—Toll, haw collected, Seines and ferries exempt from. Oliver Sarah, resolution for the relief of, TH>) P. Jl IJLASXI COUNTY, site for public build- iags, defined, 606 Putnam county, part of, added to Jones, 615 jj^epresentation, how apportioned, 627 Heats, how to be recovered, a t9 Itoad, from MiSJedgeville to Hartford, laid out, €14 » .Act, amended as respects Burke, Jeffersdu and Richmond counties, ' 653 SS. T1JAL CHARLES, act for the relief of, 593 St. Mary's Lottery, funds disposed of, 600 Stages, from Ac osta to Savannah, vested in •Sl. Calffrey a' d John Coats, €05 'fom^ct pohvi g out duty of, amended, €L7 ^th^/Niuy advertise out of their w 617 . Certain act3 of, made valid, 643 Their records to be evidence, * 643 Simkins Kldred, admitted to practice law, 622 Seriven Charles O. relieved, 637 Smith Josiab, name of altered, 638 Sims James, heirs of relieved, 64i Sibbald George, resolution authorizing the sale of his lands, 693 Sims Zaehariah, resolution for his relief, 697 State-house, the commissioners of Milledgeville to place the undertakers' bond ia suit, '698 Savannah female assylumsociety,incorporated, 618 Officers, how and by whom elected, 619 .lections to he annual, 619 Funds, how appropriated, 620 r |n t. JL AX ACT for 1808, amended, 601 Telfair county,- site of public buildings desig- nated, 60S Twiggs county, site of public buildings laid off, 608 Inferior court of, when held, 610 Accounts ot clerks of, made valid, 628 Temporary seat el'justice ia, - 628 Time of boldiug elections in, 628 Dunn's land, revested, v 628 Purchasers of lots, refunded, 629 Tavern keepers, penalty for selling spirits to slaves, 653 W. AFFORD'S settlement,la wsextended to 585 Boundaries and privileges, 585 Wrigbtsborough, powers of commissioners of, extended, 537 Washington county, extra session of superior court authorized, 595 Warren ton, town of, incorporated, 607 Wilkinson eoun'y, act to divide, amended, 623 Commissioners appointed to fix a site for public buildings, 623 ..... To sell lots and take bond aud security, 624 To contract for public buildings, 624 Wilkes manufacturing company, incorporated, 6(57 Wills, act securing probate of, €68 Executors of, may qualify, 668 Executors ami aiLn'ors, how discharged, 609 ....... To make y early re- turns. 609 —— Returrs subject to t o >' t «»1 of court, 6€9 M sm toagement, how remedied, €70 Wahon county, resolution respecting, €95 Wiikins Paul Hamilton, leiieted. €96 EUUJITJI In the following bottom notes of the Laws of 1810. Page 75, Note for No. 527, read 514. 149, . . . No. 538, . 531. 265, ... No. 533, . 522. 273, « . . No. 516, . 524, 273, • • • No. 510, . 511. 274, • • • No. 527, . 514. 313, • • • No. 519, . 532. 323, No. 535, . 526. 330, No. 490, . 489. No. 5i89 . 547. *yo8 ) No. 528, . 515. 359, • • • No. 523, . 541. 359, « • • No. 534, . 525. 361, ... No. 535, . 526. 374, ♦ • • No. 360, . 534. 391, w • • No. .£>33, . 522. 398, • • • No. 490, . 489. 408, No. 522, . 537. 428, No. 522, . 537. 428, No. 522, . 537. . 439, • . . No. 522, . 537. 440, No. 522, . 537. 454, No. 521, . 518. 457, No. 550, . 549. 461, • • • No. 547, . 546. 470, • « • No. 509, . 507.